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The BILLY MURRAY PAGES
Billy
Murray’s Victor Recording Contracts:
The Complete Original Texts
Latest
Updates: November 3, 2009
Related
Article: Billy Murray's Victor Recording Contracts — A Case
Study
Signatures
on Murray's 1909 Victor contract. Calvin Child and Albert C. Middleton
were
among the initial incorporators of the Victor Talking Machine Company,
in 1901.
(Mainspring Press collection)
Billy
Murray’s Victor recording contracts provide a fascinating look at
the legal workings of the early American recording industry. The primary
documents are the 1909 and 1920 contracts, which are reproduced here in
their entirety (for an analysis of these documents, and their significance
within the context of the recording industry, see Billy
Murray's Victor Recording Contracts: A Case Study), in which the details
of these contracts were first publicly disclosed). Murray's contracts underwent
amendments at times, and he was required to sign additional riders over
the years covering his radio and touring work, a representative sampling
of which is also included here. The
text has been transcribed directly from copies of the original documents,
and it contains notations that were missed by several hobbyist websites.
The original texts of these contracts (but not the introductory comments)
are the public domain, and they may be freely quoted or reproduced in
their entirety without permission.
RECORDING
CONTRACT — January 1, 1909
This
was Murray's first Victor contract. It was not exclusive; at approximately
the same time, he signed a similar agreement with the National Phonograph
Company (Edison), which was producing only cylinders, but was also recording
experimental disc masters. The Victor and Edison agreements were separate
documents with different terms for each company.
AGREEMENT between the VICTOR
TALKING MACHINE COMPANY, of Camden, State of New Jersey, hereinafter
known as the VICTOR COMPANY, and Mr. Billy Murray of New York City,
hereinafter known as Mr. Murray made this (entered by hand:
First) day of January, 1909.
WITNESSETH:
1. That the said VICTOR COMPANY agrees to pay to the said Mr. Murray
(entered by hand: Seventeen Hundred and Fifty) Dollars each
year for a period of (entered by hand: two) years, said amounts to be
divided into twelve payments of (entered by hand: $145.90)
dollars each month, first payment to be due on (entered by hand:
First) day of (entered by hand: Feby '09) for the services
of said Mr. Murray (blank inserted here by hand) for making
records of his voice for the VICTOR COMPANY.
2. In consideration of the above amount the
said Mr. Murray agrees that he will make no record of his voice, or
do any (addition inserted by hand: record; OK'd and initialed
"B.M.") work of any kind for any person, party or concern
other than the VICTOR COMPANY, except the (blank inserted here by
hand) NATIONAL PHONOGRAPH COMPANY, at any time during the period
of this agreement.
3. The records of said Mr.Murray 's voice are
to be made at a place appointed by the VICTOR COMPANY at a time subject
to the reasonable convenience of the said VICTOR COMPANY, the said Mr
Murray and the NATIONAL PHONOGRAPH COMPANY, with the distinct understanding
that the said Mr. Murray shall give not less than two days each month
to the VICTOR COMPANY for the purpose of making records of his voice.
4. It is distinctly understood and agreed by
the said Mr Murray that he will furnish (inserted by hand:
four) new selections each month to the said VICTOR COMPANY for their
approval, and shall be prepared to make records of such selections when
called upon. A failure to furnish the said number of new selections
each month will constitute a breach of agreement, and the VICTOR COMPANY
shall have the right to cancel the balance of the period of this agreement
if the said Mr Murray fails to furnish new material as herein stated,
said new selections must be fully up to the standard of the selections
which the said Mr Murray has heretofore submitted to the VICTOR COMPANY.
5. It is further understood that the said Mr
Murray will sing in any combination with other singers and will make
records of any song or selection which the VICTOR COMPANY may ask him
to do, for the purpose of making a record of his voice.
6. It is further understood that when the VICTOR
COMPANY requests the said Mr Murray to make records outside of the City
of New York, railroad fares to end from New York are to be paid by the
said VICTOR COMPANY, and an additional allowance of $2.00 per night
for hotel expenses will be made, where it is necessary for the said
Mr Murray to remain over night for engagements with the VICTOR COMPANY.
7. It is further agreed that the VICTOR COMPANY
has the power and right to declare this contract void at any time if
the said Mr Murray makes a record of any kind of his voice for any other
party, person or concern other than the VICTOR COMPANY and the NATIONAL
PHONOGRAPH COMPANY herein referred to, if the said Mr Murray refuses
without just cause to sing for the purpose of making a record of his
voice, when requested so to do by the VICTOR COMPANY.
8. It is understood and agreed
that the said Mr Murray shall be liable in damages to the sum of Five
Hundred ($500.00) Dollars should he make a record of any kind of his
voice for any person, party or concern other than the VICTOR COMPANY
and the NATIONAL PHONOGRAPH COMPANY herein referred to.
WITNESS OUR HANDS AND SEALS this Nineteenth day of January 1909.
Victor Talking Machine Company
By Albert C. Middleton, Secretary
C. G. Child (Witness)
Billy Murray
MEMORANDUM
—
1912
This
memorandum, recently located in a private collection, extended the 1909
contract under similar terms, but with some minor changes and provisions
for additional payments for certain types of work. The complete text will
appear in an upcoming work.
RECORDING
CONTRACT — October 1, 1919
This
contract acknowledged Murray's right to record for other companies, while
still working for Victor as a freelancer. A photo scan of the complete
original contract can be viewed on the Mainspring webpage, Billy
Murray's Victor Recording Contracts: A Case Study .
.
RECORDING
CONTRACT — July 1, 1920
Murray's
1920 contract was remarkable in that it granted him royalties in addition
to a generous annual salary. Until this time, the record companies had
rarely granted royalties to their studio performers, the most notable
exception having been a short-lived Edison agreement with comedian Cal
Stewart.
AN AGREEMENT made the first day
of July, A. D., 1920, by and between VICTOR TALKING MACHINE COMPANY,
a corporation organized and existing under the laws of the State of
New Jersey, United States of America, having its principal place of
business in the City of Camden, County of Camden, State of New Jersey,
hereinafter called the Victor Company, of the one part and WILLIAM MURRAY
(professionally known as Billy Murray), of New York City in the State
of New York, hereinafter called the Artist, of the other part.
In consideration of the several provisions hereinafter contained, it
is hereby agreed between the parties hereto as follows:
1. This agreement is made for a period from and including the day of
the date hereof to and including the first day of July, A. D., 1925.
2. The Artist agrees that at mutually
convenient times, on not less than six (6) days each month, he will
come to the recording laboratory of the Victor Company, and, for the
purpose of making complete, perfect and approved master records of his
voice, will there sing and when requested repeat for the Victor Company
not less than fifty (50) and not more than one hundred and eighty (180)
selections of solos and concerted numbers, the selections to be chosen
by an authorized representative of the Victor Company. Of such selections,
such number as the Victor Company shall request, but not less than ten
nor more than thirty-six, shall be so sung and recorded during the first
year of said period (counting the year as beginning on July 1, 1920),
such number as the Victor Company shall request, but not less than 10
nor more than 36, shall be so sung and recorded during the second year
of said period, such number as the Victor Company shall request, but
not less than 10, nor more than 36, shall be so sung and recorded during
the third year of said period, such number as the Victor Company shall
request, but not less than 10 nor more than 36, shall be sung and recorded
during the fourth year of said period and such number as the Victor
Company shall request, but not less than 10 nor more than 36, shall
be so sung and recorded during the fifth year of said period. No master
record shall be considered satisfactory or complete and perfect until
it has been approved by an authorized representative of the Victor Company
and if an approved master record becomes defective or otherwise unsatisfactory
the Artist will repeat the selection until a new approved master record
thereof is made. The Artist further agrees that he will for the purpose
aforesaid, at mutually convenient times, when so requested by the Victor
Company, sing in concerted numbers with other artists, and will also
at mutually convenient times and places attend and take part in rehearsals.
3. The Artist hereby grants to
the Victor Company the right, at any and all times during the period
of this agreement and hereafter, to manufacture, advertise and license
or sell, and any or all these rights and powers, in all parts of the
world records of his voice in selections of which approved master records
have been heretofore made or shall hereafter be so made, including the
right to place records of his voice, either in solo selections or in
concerted numbers, on one side of a double-faced record and to place
the record of some other artist or artists selected by the Victor Company
on the other side of such double-faced record, and grants the further
right to make use of his name and his photograph and the name Billy
Murray in connection with the manufacture, with the advertisement and
with the license or sale of such records and likewise grants all rights
in and to the matrices and records upon which have been or shall be
reproduced the performances herein referred to.
4. The Victor Company agrees (subject
to the provisions of paragraph 6) to pay to the Artist for and during
the period of this agreement a salary of fifteen thousand dollars ($15,000)
each year in equal monthly payments, the first payment to be due on
the first day of August, 1920, so that each monthly payment will be
for the services rendered during the month then ended. An account is
also to be kept of the record services of the Artist hereafter given
under this agreement and upon each record of his voice where the selection
is so sung under this agreement and the record is licensed or sold by
the Victor Company, allowances shall be made of royalties, that is to
any, upon solos [notation inserted by hand: "three quarters
of"] one cent and upon concerted numbers one-half of one cent. If at
the end of any year during the period of this agreement the allowances
for such year at the rates above indicated shall exceed the sum of fifteen
thousand dollars ($15,000), the Victor Company further agrees to pay
to the Artist whatever shall be the excess of such allowances over the
sum of fifteen thousand dollars ($15,000). If, however, at the end of
any year during the period of this agreement the allowances for such
year at the rates above indicated shall be less than the sum of fifteen
thousand dollars ($15,000), the difference between such allowances and
fifteen thousand dollars shall be applied to and in payment or part
payment of the royalties thereafter to become due to the Artist. Moreover
the Victor Company agrees that it will after the period of this agreement
continue to pay to the Artist the royalties above specified so long
and only so long as he does not after such period make or permit to
be made for any person, party or concern other than the Victor Company
a record of his voice of any kind or description. Payment of the amount,
if any, due upon such royalties shall be made annually and the Victor
Company shall have the right to deduct from the amount of any statement
or account of royalties due the amount of royalties previously paid
to the Artist on records subsequently returned either as defective or
on exchange propositions.
5. The Artist further agrees that
he will not at any time during the period of this agreement make or
permit to be made a record of his voice for any person, party or concern
other than the Victor Company and will not during such period enter
into any agreement with any person, party or concern that would in any
way prevent the Artist from making records of his voice for the Victor
Company or from singing in combination with the other singers for the
purpose of making records for the Victor Company, nor will be during
such period appear in concert or permit himself to be advertised in
any way except as an exclusive Victor artist. In case the Artist after
the period of this agreement makes or permits to be made for any person,
party or concern other than the Victor Company a record of his voice
of any kind or description, the Victor Company shall then be free from
any and all further obligation to pay royalties to the Artist and the
Victor Company shall thereafter have the right to manufacture, advertise
and license or sell anywhere, and to use his name and photograph and
the name Billy Murray, in connection therewith, records of the Artist's
voice without payment or obligation of any kind to the Artist and all
right of the Artist to any further accounting shall likewise thereupon
forthwith cease.
6. Upon the death of the Artist
at all obligation of the Victor Company to make any further payment
of salary under this agreement shall be at an end, but, if the Artist
does not between the date of this agreement and the day of his death
make or permit to be made for any person, party or concern other than
the Victor Company a record of his voice of any kind or description,
royalties at the rates above indicated, shall after his death be due
and payable in lieu of salary. If in any year during the period of this
agreement the Artist is unable, through sickness or temporary or permanent
loss of voice, to sing, or for any reason does not sing for the Victor
Company and this permit the Victor Company to make at least ten perfect
and approved master records of ten selections of solos and concerted
numbers chosen by the Victor Company, the salary for such year shall
not be due or payable but in lieu thereof royalties for such year at
the rates above indicated shall be due and payable.
7. In case the license or sale of
records of the Artist's voice in any selection of which an approved
master record is made shall fall below an aggregate of sixty (60) in
any three consecutive months after the first year of its being listed
in the catalog of the Victor Company, such selection shall be considered
by the Artist and by the Victor Company not a good record selection
and the Victor Company shall have the full right to withdraw from license
and also from sale records of any such selection.
8. All agreements heretofore made
between the parties hereto are terminated and superseded by this agreement.
The covenants of and rights granted by this agreement shall apply to,
bind and be for the benefit of the heirs, executors, administrators,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF the parties
hereto have hereunto set their hands and seals, dated the day and year
first above written.
VICTOR TALKING MACHINE COMPANY BY
Edward K. MacEwan
William Murray
Witness J. S. Macdonald
TRAVEL
RIDER — December 23, 1921
The
following was a rider to Murray's July 1, 1920 agreement, allowing him
to be absent from the studio while making a concert tour. Murray was granted
permission to travel to the West Coast, but he forfeited one-twelfth of
his annual salary ($1,250) and was forbidden to book any further concert
engagements that would cause him to be unavailable for recording for more
a month without written permission from Victor. He later traveled extensively
with the Eight Famous Victor Artists, but
seems to have fulfilled his monthly studio obligation after this rather
costly lesson.
AN AGREEMENT made the Twenty Third day of December,
A. D., 1921, by and between VICTOR TALKING MACHINE COMPANY, a corporation
organized and existing under the laws of the State of New Jersey, United
States of America, having its principal place of business in the City
of Camden, County of Camden, State of New Jersey, hereinafter called
the Victor Company, of the one part, and WILLIAM MURRAY (professionally
known also as Billy Murray), of New York City, in the State of New York,
hereinafter called the Artist, of the other part.
WHEREAS the parties hereto heretofore made an
agreement dated the first day of July, 1920, for a period extending
to and including the first day of July, 1925, in which the Victor Company
agreed to pay the Artist a salary therein specified and the Artist agreed
that during such period on not less than six days in each month he would
come to the recording laboratory of the Victor Company and, for the
purpose of making complete, perfect and approved master records of his
voice, he would sing selections of solos and concerted numbers, the
selections to be chosen by an authorized representative of the Victor
Company.
AND WHEREAS the Artist now desires to make
a concert tour to the Pacific Coast which will make his services unavailable
to the Victor Company for the month of January, 1922, and possibly for
the month of February, 1922.
Now in consideration of the several provisions hereinafter contained,
it is hereby agreed between the parties hereto, as follows:
1. The Victor Company grants permission to the
Artist to be absent from the recording laboratory for the months of
January and February 1922.
2. The Victor Company will deduct from the annual
salary so specified in said agreement one-twelfth part thereof for the
month of January, 1922 and if the Artist does not return in time to
give to the Victor Company in the month of February, 1922, the six days'
services so provided for, the Victor Company will deduct another one-twelfth
part of said annual salary.
3. The Artist will not at any future time prior
to July 1, 1925, book concert engagements which will take him away and
make his services unavailable to the Victor Company in any month without
permission in writing from the Victor Company.
4. The deduction of a proportionate part of the
Artist's salary shall in no way alter or affect the other covenants,
terms and conditions set forth in the said agreement dated July 1, 1920,
which agreement, as supplemented by this agreement, is hereby ratified
and confirmed. The said agreement dated July 1, 1920 and this supplemental
agreement are to be construed and their validity determined according
to the laws of the State of New Jersey.
IN WITNESS WHEREOF the parties hereto have hereunto
set their hands and seals dated the day and year first above written.
VICTOR TALKING MACHINE COMPANY
BY Edward K. MacEwan, Secretary
Billy Murray
BROADCASTING
RIDER — December 1, 1922
This
rider to Murray's July 1, 1920 contract is typical of many such documents
that recording companies forced their exclusive artists to sign in regards
to broadcasting. Murray was forbidden to broadcast for any radio station,
although Victor would later grant him permission to do so under its auspices
(see Billy Murray on the Radio for more
details). For a detailed analysis of how the recording industry appraoched
broadcasting by their artists, see Recording
the 'Twenties.
AGREEMENT entered into this 1st day of December
1922, by and between the VICTOR TALKING MACHINE COMPANY, a corporation
organized and existing under the laws of the State of New Jersey, having
its principal place of business in the City of Camden, in said State,
hereinafter called the COMPANY and Billy Murray, now residing in New
York City of the State of New York, hereinafter called the ARTIST.
WHEREAS, the parties hereto entered into an agreement on the first day
of July 1920, hereinafter referred to as the principal agreement, and
WHEREAS, the parties mutually intended, in entering into the said principal
agreement, that the Artist grant and the Company receive the exclusive
right to the services of the Artist for the period of the principal
agreement for sound reproducing purposes, broadly, including all productions
of the Artist's performances by any and/or all mechanical or electrical
or other such means for disseminating and/or transmitting the same.
NOW THIS AGREEMENT WITNESSETH: That for and in consideration of the
promises and for the mutual protection of the parties hereto, and the
safeguarding of the covenants of the said principal agreement and the
advantages and benefits accruing to them respectively under the name,
and other good and valuable considerations, the parties hereto agree
as follows:
1. That the said principal agreement shall be
interpreted in accordance with their said intent, above referred to.
2. And in pursuance of such intent and agreed interpretation of the
principal agreement, the Artist covenants and agrees that he will not
perform for any other person, firm or corporation for the purpose of
transmitting and/or broadcasting such performance by means of radio
or by any mechanical, electrical or other means whatsoever, nor with
the knowledge or intent that such performance is to be so transmitted
and/or broadcasted.
This agreement and the said principal agreement
are to be construed and their validity determined according to the laws
of the said State of New Jersey.
Thus interpreted and modified said principal agreement is hereby ratified
and confirmed and shall remain in full force and effect, this present
agreement to run concurrently therewith.
This agreement to bind and be for the benefit of the heirs, executors,
administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF the parties have set their hands and seals the day
and year first above written.
Edward K. MacEwan
Billy Murray
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