The Kaufman Brothers: Highlights from Jack Kaufman’s Scrapbooks (1910 – 1927)

A few years ago, Phil (“Road Mangler”) Kaufman kindly loaned us his grand-dad Jack’s scrapbooks, a treasure-trove of clippings and memorabilia relating to the Kaufman brothers’ time in vaudeville, as well as Jack’s family life. Here are some highlights, along with a few additional nuggets we recently found among Bill Bryant’s papers.

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Kaufman Brothers banner from the scrapbook’s inside back cover, c. 1910. The original act comprised Jack and Phil; Irving came in after the latter’s death in the late ‘teens.

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The Kaufman Brothers on the road (1910)

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Telegram sent to Jack Kaufman while appearing in Toronto, announcing the birth of his son. (1910)

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(Left, seated above arrow) Jack Kaufman’s wife, Rosina Carson Kaufman (a.k.a. Olive York), as an English showgirl. (Right) Jack Kaufman’s son Jules, c. late 1910.

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In the early days of their act, the Kaufmans regularly toured from coast to coast, but as the itinerary on the left shows, they later stayed close to home. Both pieces probably date to 1914, based on their position in the scrapbook. The misspelling “Kauffman” was not uncommon in newspapers.

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A telegram to the “Kuffman” brothers, November 1911. Bender, Coombs, Morgan, Pearl & Robinson was a vaudeville act comprising three Boston Athletics pitchers, the Pearl Sisters (Kathryn & Violet), and theatrical manager John Robinson. They toured together briefly after the 1911 World Series.

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An early ad for the Kaufman Brothers picturing Jack (left) and Phil (right), c. 1910. Before signing with Orpheum, they toured on the Pantages circuit.

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The Kaufmans were a favorite of newspaper caricaturists. These examples date from c. 1912–1914, when they sometimes  performed in blackface. “Palestine” refers to the town in Texas where the brothers claimed they picked up their “Southern” accents.

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Phil and Jack Kaufman in blackface with unidentified others, c. 1912. This unfortunate component of the act was mostly mothballed after Irving replaced Phil in the late ‘teens.

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After Phil’s death, Jack teamed with younger brother Irving, who had recently left the Avon Comedy Four. Irving and Jack were in  high demand by the recording studios. They worked cheap, weren’t picky about repertoire, and cranked out recordings by the hundreds, using so many aliases that new ones are still be discovered. Their cover of Gallagher & Shean’s Victor hit (“Absolutely, Mr. Gallagher?” “Positively, Mr. Shean!”) appeared on many minor labels. Regal’s ad pictured the actual Gallagher and Shean. (1923)

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Work is where you find it — in this case as an “added attraction” at a Philadelphia movie house. (1922)

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A hodge-podge of a concert at the Chicago Theatre, with selections ranging from a pipe-organ transcription of Wagner’s Rienzi Overture to a selection of current Tin Pan Alley hits by the Kaufmans.

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This Chicago handbill probably dates from 1923–1924. Note the mention of Jimmy Wade, a popular black Chicago band leader who recorded some fine sides for Paramount at about this time.

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The Kaufmans in a Vitaphone short (1927)

“Pre-Ledger” Starr / Gennett Recording Dates and Locations (1915 – 1922)

“Pre-Ledger” Starr / Gennett Recording Dates and Locations
(1915 – 1922)
By Allan Sutton

 

Much of the Starr Piano Company’s original documentation of Gennett records has survived, beginning with some 1921 sessions. What happened to the earlier materials is anyone’s guess; they’ve been missing for as long as anyone can remember.

In the absence of primary-source documentation, discographers have naturally guessed at recording dates and locations for the “pre-ledger” masters — some quite accurately, many others not even in the ballpark. Good or bad, those guesses have become entrenched as “fact,” and the picture gets increasingly muddled as others take a stab at things. Happily, it’s not a particularly difficult situation to sort out, given the amount of solid information on these records that exists in Mainspring’s archives.

This article is based upon the extensive data relating to Gennett’s 1915–1922 output that was compiled by members of the Record Research group (Walter C. Allen, Len Kunstadt, Carl Kendziora, et al.) and other trusted sources over many decades. The information that appears here comes from their first-hand inspection of the original records, coupled with corollary evidence gathered from release lists and trade-paper reports of the period, plus the occasional dated test pressing. Anecdotal accounts and most published discographies were disregarded, a wise decision that eliminated much unnecessary confusion and misinformation from the outset.

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VERTICAL-CUT MASTER SERIES

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(Left) The original Starr label design. Masters on this issue were recorded in the Richmond studio by Weber’s Prize Band, a Cincinnati group. (Right) A late Starr issue, redesigned to match the new Gennett label, using masters from the New York studio. (From American Record Labels and Companies: An Encyclopedia, 1891–1943, by Allan Sutton & Kurt Nauck)

 
100 SERIES – New York (c. Mid 1915 – Early 1916)

The earliest known Starr master series, from a New York studio. This was not necessarily Gennett’s own facility. Harry Gennett reported in October 1915 that a studio had not yet been opened in Richmond, and he made no reference to a New York studio, which probably explains the series’ abrupt abandonment in early 1916, when Gennett opened his own studio. (Gennett is known to have purchased the Phono-Cut masters, raising the possibility that these recordings might have been made on old Boston Talking Machine Company equipment — an intriguing area for future research.) Popular-song titles in the series are early 1915 – early 1916 publications. The highest numbers identified thus far are 172 (by Byron G. Harlan) and 173 (by an unidentified vocalist), both of which survive as test pressings. An unrelated lateral-cut 100 series was used in the early 1920s for some personal recordings.)

 

5000 SERIES – New York and Richmond, Indiana
(May 1916 – Early 1917)

Introduction of this series corresponds to the opening of Starr Piano’s Richmond studio in early 1916 and the expansion of its recording operation under the management of R. C. Mayer. It marks the first appearance of Richmond-studio masters, which are intermixed with New York recordings. The first (#5000, “Smiles and Caresses,” by the Starr Trio) exists as a test pressing, dated May 16, 1916. The lower-numbered masters were recorded in Richmond by regional artists, including John W. Dodd and Elizabeth Schiller (Indianapolis); John C. Weber’s Prize Band of America (Cincinnati); and Harry Maxwell, Roy Parks, and Harry Frankel (Richmond). Frankel (a.k.a. “Singin’ Sam” in later years) was a Starr Piano Company employee at the time, and he continued to be associated with the company in various roles into the 1930s.

At approximately #5180, the usual New York studio free-lancers begin to appear in this series (including Vernon Dalhart, Arthur Collins, Byron G. Harlan, and Sybil Sanderson Fagan), along with the Richmond-studio artists. The highest-numbered masters for which data is confirmed feature late-1916 song titles. The 5000s were replaced by a new 1000 series in early 1917.

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(Left) The first Gennett label design, introduced in October 1917. The Gennett and Starr labels were produced simultaneously for a short time before the latter was discontinued. (Right) The familiar scroll design initially was reserved exclusively for the expensive Gennett Art Tone series. (ARLAC)

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1000 SERIES – New York (Mid-1917 – Late 1918)

The Richmond studio appears to have been mothballed at this point. Aside from Strickland Gillilan and Weber’s Prize Band (who are known to have performed in New York), the Richmond-studio artists no longer appear in this series. (Commercial recording resumed in Richmond in the summer of 1921; see Special and 11000 series, below.) The first confirmed example of a Starr master being used on a client label appears in this series, on the anomalous Rishell 1509 (a label normally supplied by Pathé, Rex, and Okeh).

The earliest 1000-series masters were released in July 1917, suggesting they were recorded from late April to late May. The Gennett label was introduced in October 1917 and soon supplanted Starr, but the original Starr master series remained in use. Popular-song titles on the highest-numbered 1000-series masters are late 1918 publications, which corresponds with the beginning of Gennett’s conversion to the lateral cut.

PHONO-CUT MASTERS (~ 500 – 1000 Range) – New York (1911 – 1912)

Phono-Cut masters from the defunct Boston Talking Machine Company were reissued on Starr’s early vertical-cut Remington discs. Confirmed examples range from #634 (“Maritana Overture” by Fred Hager’s Band, which was credited to the Colonial Military Band on the original Phono-Cut labels) to #1081 (Massenet’s “Elegie,” by violinist Sylvain Noack). Thus far, we’ve received no reports from reliable sources of Phono-Cut masters having appeared on the Starr label. Starr test pressings exist of several 500-series vertical-cut masters, which are suspected Phono-Cut recordings but thus far have not been confirmed as such.

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EARLY LATERAL-CUT MASTER SERIES

 

(Left) An early lateral-cut pressing from imported Edison Bell masters. (Right) The second incarnation of Starr’s Remington label (apparently a custom product) used masters from a lateral-cut 100 series that was used briefly for personal recordings. The earlier, vertical-cut Remington label used some old Phono-Cut masters. (ARLAC)

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6000 / 6500 and 7000 SERIES – New York  (1919 – 1922)

Gennett’s first lateral-cut master series (6000s and 7000s for 10”, 6500s for 12”), allocated to the New York studio. The earliest were listed in March 1919 for April release, suggesting January–February 1919 (or perhaps very late 1918) as the start of lateral recording.

Gennett ledgers survive for the New York masters beginning with # 7736, which was received in Richmond on January 25, 1922. This series remained in use by Gennett’s New York studio through March 1, 1926, ending at #9999. At that point, a new series was begun at X-1. The X- prefix was changed to GEX- in the autumn of 1926 (with occasional variations, including BEX-, EX-, HAX-, and WEX- that are beyond the scope of this article).

SPECIAL SERIES — Richmond (1921)

A test series, made in conjunction with the reopening of Gennett’s Richmond studio for commercial recording. Confirmed master numbers range from 1 (July 21, 1921) through 16 (September 3, 1921) and include recordings by Harry Gennett, Fred Gennett Jr., Fred G. Mayer, and Harry Frankel, all Starr Piano Company  employees. None are known to have been issued, but a test pressing exists of Fred Gennett Jr’s “Dickey Bean Soup” (which was not assigned a master number).

11000 SERIES — Richmond (From August 1921)

Commercial recording resumed in Richmond on August 20, 1921, at which time a separate 11000 master series was allocated to the studio. The first commercial session was by Homer Rodeheaver and Virginia Asher on August 20, followed on August 24 by the omnipresent Harry Frankel. Gennett documentation survives for all 11000-series masters, although the earliest is rather sketchy.

The Richmond master series (which also covered recordings made in Chicago, Cincinnati, Birmingham, the Grand Canyon, and other locations) continued unbroken to #19997, in January 1939, by which time the company was producing mainly sound-effects and special-use recordings.

Other documented Richmond master series include the K- prefixed series of 1924 (containing a mixture of Ku Klux Klan material; tests for the Vaughan label,and unissued private recordings by Fred Gennett Jr. and other locals); an 11B00 series (not a mistaken entry for 11800) allocated to Vaughan in the mid-1920s; and a 61000 series used for radio transcriptions and other special-use recordings beginning in 1934.

100 SERIES — Richmond (Early 1920s)

Not to be confused with the earlier vertical-cut 100s, this series was used briefly for personal recordings.

85000 CONTROL SERIES — Assigned in Richmond (Mid 1920s)

Not true master numbers, these were “control” numbers assigned to masters obtained from outside sources, including Rodeheaver Laboratories, Marsh Laboratories, and the New York Recording Laboratories. Data on these recordings does not appear in the surviving Gennett documentation.

LICENSED FOREIGN MASTERS (Early 1920s)

Gennett leased foreign masters from Edison Bell in the early 1920s, including recordings by Billy Whitlock, Pamby Dick, Olly Oakley, H.M. Scots Guard Band, and other popular British artists. Most recordings are from the mid-to-late ‘teens, with master numbers ranging from the 100s to 1700s (with a few outliers that might be from other sources), and they usually show an “X” in the wax. Data on these recordings does not appear in the surviving Gennett documentation.

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© 2017 by Allan R. Sutton. All rights are reserved.

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Black Swan Carusos, and Other Pirate Tales (1898 – 1951)

Black Swan Carusos, and Other Pirate Tales
(1898 – 1951)
By Allan Sutton

 

 

Record piracy — the unauthorized copying and selling of sound recordings — is a problem as old as the recording industry itself. Charges of cylinder piracy first surfaced in the early 1890s and became increasingly common as the decade progressed. Legal recourse was limited; sound recordings were not protected under copyright law at the time, and would not be for many more decades.

Pirating the early wax cylinders was simplicity in itself, requiring only a couple of phonographs, an inexpensive recording head, a cylinder to copy, and some blanks upon which to copy it. Disc records were not immune to piracy, either, although the process was more complicated. The earliest discs sold for use with the new Zonophone machines used masters that were electroplated from Berliner pressings, with the Berliner name and patent notice buffed out.

At about the same time, the Standard Talking Machine Company (comprising Albert T. Armstrong, Joseph W. Jones  Joseph A. Vincent, Emory Foster, and musical instrument manufacturer Charles G. Conn)  [1] began selling pirated Berliner discs under the Wonder brand, for sale with the Wonder Double-Bell Talking Machine, a two-horned phonograph apparently inspired by Conn’s line of double-belled band instruments. Standard issued a substantial disc catalog made up entirely of Berliner recordings that retained their original catalog numbers, with a “1” prefix added. The company quickly failed.

Armstrong’s next venture, the American Talking Machine Company, offered a new disc line, pressed in the same distinctive red fibrous material as the Wonder records. Berliner also claimed  these were pirated, although some known examples are not. American Talking Machine countered with the offer of a $1000 reward for the arrest and conviction of “parties circulating false and malicious statements” about their products. The manager of Berliner’s Philadelphia office was arrested, but little more came of the scuffle. The company failed in 1900, after the American Graphophone Company (Columbia) withdrew patent protection. [2]

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.(Top) The Wonder Record catalog was made up entirely of pirated Berliner Gramophone recordings; catalog numbers were Berliner’s, prefixed by a 1. (Bottom) Albert Armstrong’s American Talking Machine discs used some non-Berliner masters that are believed to have been original. His later American Vitaphone records used pirated Victor and Columbia recordings. The example shown here is a Columbia title by Billy Murray.

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The arrival in the early 1900s of molded cylinders, which required expensive equipment and a high degree of technical expertise to produce, put an end to cylinder piracy. Discs were another story.

By 1902, Armstrong and some former associates were back in business, as the American Vitaphone Company. [3] They  launched the earliest known “record club,” which amounted to an exchange program under which members could turn in their old records for partial credit toward new Columbia, Victor, or Zonophone discs. [4] For a time, Armstrong even offered to take in old Berliner machines, which he would refurbish for $12 and return to the customer with a new Concert Grand nameplate. Such record-exchange arrangements, however, were frowned upon by the major suppliers (which considered them to be illegal price-cutting), and Vitaphone’s “club” appears to have been short-lived. [5]

But what landed Armstrong and company in serious legal trouble was their introduction in 1902 of American Vitaphone discs, which were clearly pirated from Columbia and Victor recordings. Masters, again made by electroplating commercial pressings, often showed the original markings, and Armstrong even retained the Columbia and Victor catalog numbers. Shoddily pressed and barely advertised, the records did little if anything to undermine Victor or Columbia sales.

Victor finally took action in 1904, suing American Vitaphone for unfair competition as well as infringing its “red circular label applied to the center of a disc,” [6] for which it had recently been granted a U.S. trademark. [7] U.S. Circuit Court Judge Lacombe dismissed the red-label argument but ruled that American Vitaphone’s “re-duplication” of Victor recordings did indeed constitute unfair competition. [8] He granted an injunction on October 4 of that year, effectively ending the American Vitaphone operation. Armstrong died in early 1905, and in  November of that year, the American Express Company served notice that it would auction all unclaimed American Vitaphone property in its possession.

The Vitaphone decision had a temporary chilling effect on would-be pirates. Victor and Columbia instead turned their attention to vanquishing upstart companies, like Leeds & Catlin and Talk-O-Phone, that infringed their patents. The latter was still manufacturing phonographs, although it had not produced its own records since late 1903. [9] But in October 1908, Talk-O-Phone founder Winant Van Zant Pearce Bradley resurfaced in pirate mode with the Continental Record Company of New Baltimore, New York. Officially, the company was incorporated by Benjamin I. Carhart, E.O. Goodell, and J. C. Cady, Jr., none of whom were known entities in the recording industry. [10] In reality, as later testimony would reveal, the company was just a front for Bradley.

Following the now-familiar procedure, Continental obtained its stampers by electroplating commercial pressings of Victor and Fonotipia celebrity recordings. The stampers were sent to an undisclosed foreign location, widely suspected to be Japan, where a factory had recently opened that supposedly pressed  and exported “re-duplicated” records. Although the original markings were generally effaced from the stampers, Continental’s sales literature and labels openly acknowledged that the discs were “duplicates” of original records.”

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(Left) A Continental pressing from a pirated Fonotipia master, with the disclaimer, “This record is a duplicate of an original recording.” (Right) A Luxus pressing from a pirated Caruso Victor. Possibly of foreign origin, specimens turn up in the U.S. on occasion. (Kurt Nauck collection)

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In August 1909, following motions for preliminary injunctions, Victor and Fonotipia Ltd. brought separate actions against Bradley, which were tried together by Judge Chatfield. [11] Investigation revealed that the Continental Record Company, which claimed in its incorporation papers to be headquartered in New Baltimore (a rural village south of Albany, New York), had no verifiable office or plant there; its only confirmed employee was a local attorney. The company’s New York billing address, at 147 West Thirty-Fifth Street, turned out be occupied by an apparently unrelated storage company. Bradley claimed to have no connection with the company, except as its sales agent, but he was unable to produce witnesses who would testify to that effect.

During the trial, it was established beyond doubt that Bradley’s pressings were pirated from commercial releases. Despite his  claim that the records were equal in quality to the originals, examination revealed that the Continental pressings used inferior material, were less durable and more prone to warping than the originals, and exhibited  “a dulling or far-away effect” in playback.

Waldo G. Morse (the attorney who had represented Bradley’s Talk-O-Phone Company several years earlier) contended that Victor’s and Columbia’s licensing agreements and price controls amounted to restraint of trade, and that the artists whose work had been taken were necessary parties to the suit. Judge Chatfield rejected both arguments, holding that Bradley’s operation amounted to unfair competition, and granted an injunction. [12]

In his ruling, the judge opined, “The education of the public by the dissemination of good music is an object worthy of protection, and it is apparent that such results could not be attained if the production of the original records was stopped by the wrongful taking of both product and profit by anyone who could produce sound discs free from the expense of obtaining the original record.” Bradley moved on to other, non-phonographic endeavors, although his brothers remained involved in some legally questionable enterprises, including the patent-infringing International Record Company.

Little more was heard of illegal record operations, at least in the U.S., until 1921. In early April, the Opera Disc Company burst on the scene with an extensive catalog featuring Enrico Caruso, Geraldine Farrar, and many other exclusive Victor Red Seal artists. [13] The company had been incorporated several months earlier by New York securities broker Max Hesslein, in partnership with C. G. Galston and C. Rose. [14] Although the company named its label Musica, the public called them “Opera Discs” from the start. [15]

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.(Left) An early Opera disc issue, with the company’s label pasted over a DGG original. (Right) The more familiar version of the label, applied directly to the pressings.

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Manufactured in Germany by Deutsche Grammophon Gesellschaft (DGG) and exported by DGG’s Polyphonwerke branch, Opera Discs were not technically pirated. DGG’s predecessor, Deutschen Grammophon Aktiegescheellschaft (DGA), was the Gramophone Company’s German branch and as such held a vast number of Gramophone and Victor masters at its Hannover pressing plant. The masters were seized as spoils of war at the outbreak of German hostilities in 1914. Following the war’s end, DGA was reorganized as DGG, an independent entity. Although it no longer had corporate ties to the Gramophone or Victor companies, DGG claimed rights to any of those companies’ masters that had been in their possession at the time of the seizure.

What DGG did not possess were rights to distribute those recordings outside of Germany. Victor and the Gramophone Company immediately demanded that distribution be halted, to no avail. [16] The records continued to be sold into 1922, when the matter was finally referred to the Anglo-German Mixed Arbitral Tribunal in London. Although sales of the recordings in Germany were ruled to be legal and allowed to continue, DGG and Polyphonwerke were enjoined from exporting the records. [17] In the U.S., Victor sought but initially failed to obtain a permanent  injunction. [18] A definitive American ruling was not issued until March 31, 1923, when the  U.S. District Court in Brooklyn granted the injunction and ordered the Opera Disc Company to turn over all pressings, catalogs, and advertising material to Victor. [19]

American customers, it turned out, liked Opera Discs. The records were pressed in better material than their Victor counterparts, some dealers offered them below list price (which was roughly comparable to that of the corresponding Red Seals), and the catalog included European recordings by the likes of Battistini and Chaliapin that were not otherwise available in the U.S. They sold well overall; even today, many issues are still fairly easy to find.

A strong market for Victor knock-offs clearly existed, and record producer John Fletcher stepped in to fill the void that Opera Disc’s forced departure created. Fletcher, in partnership Harry Pace, had launched the Fletcher Record Company in April 1922, primarily to serve as the pressing plant for Pace’s Black Swan records. Fletcher had already failed with his earlier Operaphone and Olympic operations, and things would not go much better for his latest venture. His newly relaunched Olympic label attracted little interest, and sales of Black Swan’s race records were declining in the face of stepped-up competition from Okeh and others. As production faltered, Fletcher began making the same sort of bad decisions that had doomed his previous companies.

In late December 1922, an unnamed party approached Harry Pace with a proposition that the Fletcher plant press records from “masters made by Caruso himself in Germany.” (Since Caruso never recorded in Germany, the reference almost certainly was to the Victor and Gramophone Company masters being held by DGG in Germany.) Pace wisely declined, writing to Black Swan investor W. E. B. Du Bois that he did so “for fear of legal entanglements with the Victor Company who are too powerful to start any scrap with.” [20]

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.Fletcher Record Company pressings from pirated Victor recordings, 1923. Harry Pace opposed the idea but was overruled by Fletcher.

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But Fletcher, who controlled the manufacturing end of the partnership, overruled him. The Fletcher Record Company would manufacture the illegal pressings, which featured Caruso and other exclusive Victor artists. They were marketed by one or more shadowy entities whose backers probably will never be known, under the Pan American and Symphony Concert labels. [21] The labels showed no manufacturer’s name, but the records exhibited all the tell-tale characteristics of Fletcher’s pressings and label typography. Some appear to use the original DGG stampers; many others used stampers that had obviously been electroplated from commercial pressings, and not very expertly. Efforts to efface the original markings weren’t entirely successful, some small pits and other surface irregularities appear that are not present on the originals, and in one case, what appears to have been a stray hair was electroplated right along with the disc.

If Victor had any response to the new pirates, it was never reported in the trade papers. It would prove to be a moot point, anyway. By the spring of 1923 (probably the soonest the records could have made it to market), the Fletcher Record Company was failing. Pace pulled out in June, transferring his Black Swan pressing business to the New York Recording Laboratories’ plant, and Fletcher was bankrupt by year’s end. By then, the Symphony Concert records were being remaindered by one New York dealer for 19¢ each.

Record piracy did not resurface in any significant way until the later 1940s, with the sudden proliferation of small independent pressing plants eager for business of any kind, no questions asked. These tended to be full-fledged counterfeiting operations, copying not just the recordings, but the actual labels as well. The problem became so widespread that in the autumn of 1947 the Treasury Department launched an investigation that soon expanded to include the FBI and any number of state and local agencies. Initially, only small independent labels were targeted (particularly those specializing in race records), but it was not long before counterfeit Deccas began to surface.

In early April 1948, officials of Capitol, Columbia, Decca, and RCA Victor agreed to help underwrite the investigation, which by then had become national in scope. [22] A few minor offenders were caught, but the counterfeiting continued unabated. With no major culprits apprehended, the investigation eventually wound down, leaving the problem to worsen considerably. In September 1951, Billboard reported that one operation based in the New York area, which had so far eluded all efforts at detection, was believed to be pressing more than 50,000 counterfeit discs weekly. [23]

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References

 

[1] Unrelated to the later Standard Talking Machine Company of Chicago, a premium-scheme operation that sold legally rebranded Columbia products.

[2] Details of this rather complicated arrangement can be found in the author’s A Phonograph in Every Home (Mainspring Press).

[3] Unrelated to Clinton Repp’s 1911 Vitaphone company, which manufactured a unique reproducerless phonograph, nor to the much Vitaphone sound-film system.

[4] “Rates for Exchanging Records to Club Members… How to Secure Free Life Membership in Exchange Club” (American Vitaphone Company bulletin, December 1, 1902).

[5] “Our Proposition Of You Are the Owner of an Old Style Gramophone Just Like This One.” ” (American Vitaphone Company bulletin, December 1, 1902).

[6] Victor Talking Machine Co. v. Armstrong et al., 132 F. 711

[7] Victor Talking Machine Company. U.S. trademark application #42,962 (filed June 9, 1904).

[8]  “Decision on Re-Duplication.” Talking Machine World (March 15, 1905), p. 11.

[9] Talk-O-Phone’s corporate predecessor, the Ohio Talking Machine Company, made original recordings in its Toledo studio during 1902–1903, employing Strobel’s Band (Charles J. Strobel being  president of the Toledo Baseball Club and the band’s financial backer, but not its director) and other local talent. In late 1903, at about the time of its reorganization as the Talk-O-Phone Company, it discontinued recording and instead began marketing the new Leeds & Catlin discs for use with its phonographs.

[10] “Recently Incorporated.” Talking Machine World (October 15, 1908), p. 19, repeated in an untitled notice on p. 32). The former gave the location as New Baltimore, Maryland, in error.

[11] Fonotipia et al. v. Bradley, 171 F. 951; Victor Talking Machine Co. v. Same, 171 F.951.

[12] Signs Decree in ‘Dubbing’ Case.” Talking Machine World (September 15, 1909), p. 45.

[13] “Phonograph Discs “Made in Germany.’” Brooklyn Daily Eagle (May 18, 1921), p. 16.

[14] “Incorporated.” Talking Machine World (February 15, 1921), p. 54.

[15] Opera Disc Co. “Musica G.D.” U.S. trademark filing #145,643 (filed April 2, 1921). The filing claimed use of the Musica name on records since March 25, 1921.

[16] “Asks Record Injunction.” New York Times (December 10, 1921), p. 19.

[17]  “German Record Concerns Enjoined.” Talking Machine World (May 15, 1922), p. 61.

[18] “Hearing Held in the Victor Company–Opera Disc Company Suit.” Talking Machine World (March 15, 1922), p. 82.

[19] “Victor Co. Secures Injunction in Opera Disc Suit.” Talking Machine World (April 15, 1923), p. 106.

[20] Pace, Harry H. Letter to W. E. B. Du Bois (December 23, 1922). Special Collections and University Archives, University of Massachusetts–Amherst. Largely forgotten today is the fact that Du Bois, perhaps as much as Pace, was a driving force in Black Swan’s creation. A major investor in the company, he was frequently consulted by Pace on matters ranging from financial and legal issues to artists and repertoire. Their correspondence, which survives but has been largely overlooked by researchers, presents a far more accurate picture of Black Swan’s inner workings than most modern texts.

[21] The Symphony Concert label was used earlier for legitimate pressings from Earle W. Jones’ masters, as well as being pasted over other companies’ surplus pressings. Examples are known of Symphony Concert labels pasted onto Opera Disc pressings, but other (presumably later) examples are clearly Fletcher’s work.

[22] “Major Diskers Crack Down on Coast Bootlegging of Hit Recordings.” Variety (April 7, 1948), p. 42.

[23]  Martin, Joe. “‘Disklegger’” Is Plague to Record Mfrs.” Billboard (September 1, 1951), p. 1.

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©2017 by Allan R. Sutton. All rights are reserved.