Jolly Roger Records

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Jolly Roger Records was a New York City-based bootleg record label active briefly in the early 1950s. It was founded by an enthusiast of early blues and jazz music named Dante Bolletino (sometimes spelled Bollettino).

History

Bolletino began releasing original music on 78rpm discs in the late 1940s, including as manager of the label Paradox Industries, which was active from 1948 to 1952 and released music from, among others, Ray Burke and Knocky Parker.[1] He was also a record collector, and noted that many early jazz and blues recordings of musicians such as Louis Armstrong, Bessie Smith, and Jelly Roll Morton were out of print and unavailable except as often difficult-to-find used copies.[2] He then founded Pax Records to press records himself, reissuing recordings from little-known musicians such as Cripple Clarence Lofton.[3] Following this, he created a reissue label called the British Rhythm Society.[4] His next label, Jolly Roger, was founded in 1950 to compile historic out-of-print recordings from major jazz and blues musicians recorded by RCA and Columbia.[2] He contracted with RCA's own custom pressing plant to manufacture the discs.[3] Jolly Roger was one of several labels, operating in major American cities such as New York, Los Angeles, and Cleveland, which, in the early 1950, issued compilations of early 78rpm recordings without authorization from the record companies that had produced the originals.[5] Rather than reissue them on 78rpm shellac discs, Bolletino issued them on the new 10-inch, 33rpm record, which put dispersed recordings into a single collection for the first time, and made them available in a more durable commercial format.[5] Burt Goldblatt designed an album cover for Jolly Roger, used on a Billie Holiday reissue.[6] By mid-1951, according to historian Adrian Johns, "Jolly Roger was easily the most prominent of all the 'pirate' labels."[4]

Bolletino's activities quickly drew the attention of Columbia Records and Louis Armstrong; in early 1951, Columbia put out its own compiled reissue of Armstrong's 1920s-era recordings.[5] At the time Bolletino was operating, sound recordings were not eligible for federal copyright under United States copyright law; only the musical composition underlying the recording was eligible, and a mechanical license was available to Bolletino to release performances of the compositions without permission by paying a flat fee. Bolletino did pay royalties for new recordings he commissioned with the profits from Jolly Roger's reissues.[4] However, he did not pay royalties on all of the reissue recordings, and as a result, in 1952, the American Federation of Musicians blacklisted Paradox Industries and all of its subsidiary labels.[4] Columbia then sued Bolletino in New York state court in February 1952, seeking an injunction for unfair competition.[2] Bolletino initially sought to fight the ruling, but was fined $5,000 for copyright infringement,[5] and eventually settled, later remarking, "My lawyer insisted that we had a good case and could win, but I knew the record companies would feel they couldn't afford to lose and would throw in everything they had. I was only twenty-three at the time and didn't have the money for a long, expensive court case, so I settled."[2]

Legacy

Bolletino saw himself as a catalyst of the reissue business, noting later in his life, "afterwards the big companies began to reissue more jazz records, so maybe I accomplished something after all."[2] The legal battles over Jolly Roger's output, which attracted major newspaper and magazine attention in the early 1950s, were used by the recording industry as evidence to Congress that stronger copyright protection was needed.[3] The Recording Industry Association of America was founded in 1951, partly as a response to the record piracy incidents at this time.[4] Antipiracy statutes were implemented in many states in the 1960s, and in 1971, a federal copyright law was passed which made recordings created after February 15, 1972 eligible for copyright protection.

References

  1. ^ Paradox. The New Grove Dictionary of Jazz. 2nd edition, ed. Barry Kernfeld.
  2. ^ a b c d e Clinton Heylin, Bootleg: The Secret History of the Other Recording Industry. New York: St. Martin's Press, 1995, p. 33.
  3. ^ a b c Alex Sayf Cummings, Democracy of Sound: Music Piracy and the Remaking of American Copyright in the Twentieth Century. Oxford: Oxford University Press, 2013, pp. 55–57, 118.
  4. ^ a b c d e Adrian Johns, Piracy: The Intellectual Property Wars from Gutenberg to Gates. Chicago: University of Chicago Press, 2009, pp. 438–441, 444.
  5. ^ a b c d Barry Kernfeld, Pop Song Piracy: Disobedient Music Distribution Since 1929. Chicago: University of Chicago Press, 2011, pp. 126–127, 133–134, 175, 182.
  6. ^ Burt Goldbatt Obituary. New York Times, September 7, 2006.
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