On Sunday, March 24th, I was still coming off what was a very narrow victory by my Jayhawks over a 16 seed in the NCAA Tournament. So that afternoon’s Tarheel matchup had me a little wary.
If this reads like Greek to you, I’m sorry. I have two serious passions: basketball and music.
Sometimes, due to scheduling conflicts, they are forced to co-exist.
So, I’ve set the mood. My nervous mood, at least, as I watched the time until tipoff.
Moving on to the music…. At least all the participants at BYOV #20 were victorious as we were able to listen to a diverse range of music that was either meaningful or created by a Californian musician (or both).
The themes for BYOV #20 were:
a) It's electric! We would like to hear landmark performances that still startle to this day. Dibs on the 1812 Overture.
b) We're gettin' personal.... Bring a tune that has significance to you in your life's journey.
c) Goin' back to Cali, Cali, Cali.... Let's get regionally specific. Bring a track from your favorite California born/based artist.
1. James Newton – “Choir” from Axum (ECM 1214, 1982)
Presented by Me – LP – Theme: B & C
I brought a record by a Californian musician. The recording was also responsible for making me reconsider the problems with the music industry, especially its treatment of artists.
Nearly the second I cued up the overblown, harmonically rich solo flute track, Steve guessed that this was James Newton.
It was indeed the astounding flutist from Los Angeles. Newton has long been an important member of the California jazz community, having begun his career playing with the likes of Bobby Bradford, John Carter, Red Callendar, Arthur Blythe, David Murray, etc. in the early 1970s.
Newton had recorded a number of records for Circle Records of Germany and India Navigation before he recorded this solo album, Axum, for ECM.
My interest in the record was piqued in a class discussion at NYU. During my senior year, I was enrolled in a class called Philosophy of Music, which was quite an amazing class in many ways, though I’m not really one for philosophic mumbo jumbo.
Anyway…. The professor had been involved as a musical expert in a suit that was brought against the Beastie Boys by James Newton. In 1992, the Beastie Boys released a song called “Pass the Mic” on their album Check Your Head. The song used a six and a half second sample of Newton’s playing on “Choir,” which was looped over and over again.
The Beastie Boys had apparently done what they were supposed to do. They paid for use of the sample to the company that owned the rights, ECM. The problem was there was no remuneration to the artist because “allegedly” this was a wholly improvised piece of music.
Here was where the professor came in. The Beastie Boys’s defense hired him to prove that
the sample of Newton’s playing was not an “original” musical statement. Thus, he began to track down examples of other flutists and instrumentalists producing harmonics by humming through their instruments. He rounded up recordings by Rahsaan Roland Kirk, African and aboriginal musicians, etc. who used overblowing and similar effects in their music.
Additionally, Newton’s case was vulnerable because the performance was not a written composition or, at least, recognized as such by the court, though he said he registered the composition with ASCAP in 1978. Read more here.
Now maybe it was the music, the circumstance or just the snide way he represented the facts, but I wasn’t feeling the explanation and decision of the case. Prof was proud of the outcome. He had gone on to represent other musicians who, at least in my opinion, had obviously ripped off a creative musician’s work for their own financial gain. He repeatedly namedropped folks like Eminem and Dr. Dre to impress the students.
To make it worse, when I asked who and what record this was, he wasn’t able to tell me the name of the recording or the label.
“Oh, some small label from Germany….”
Okay. Let’s rein this in.
Needless to say, this hurt Newton quite a bit. He had to pay the legal fees that the Beastie Boys incurred. Maybe this wasn’t a winnable case but he was trying to protect what was his, right?
The story really made me take a second look at the relationship between musicians, labels, and lawyers. Not to mention professors.
Thomas mentioned that the German royalty collection agency GEMA has allowed improvised music to be considered as composition but at the lowest level, the same as pop music. Since there have been limited avenues for jazz, creative or improvised music to collect royalties, there has been little revenue generated for musicians, even though they are recognized.
We discussed that for some time there has been a value in skilled transcribers who can write down improvisations for musicians who would like to submit them to their respective performance rights agencies. The process would take a lot of work but would definitely protect the artist and hopefully generate a bit more revenue.
There was a “chicken or the egg” conversation, too. We discussed Chopin’s works, many titled “Impromtu,” were generally considered improvisations. Thomas reminded us that all compositions began as improvisations. Now there’s a real philosophic conundrum.
2. Benny Goodman – “Sugarfoot Stomp” from This Is Benny Goodman (RCA Victor LPM 1239, 1956)
Presented by Robert Futterman – LP – Theme: A, B & C
Turned out that this record went for the theme trifecta. Explanation coming.
We heard a large ensemble launch into an old school jazz composition, which was a bit more polished than what would have been expected from a piece written in this manner.
Steve ventured that it might be Count Basie.
Maxime was able to guess that this was Benny Goodman and His Orchestra.
Steve: “This is derived from King Oliver. It went from Oliver to Fletcher Henderson to Benny Goodman.”
The tune was originally known as “Dippermouth Blues” written by Joe “King” Oliver and recorded in 1923. Fletcher Henderson recorded the tune alongside Oliver’s protégé Louis Armstrong in 1927. In the early 1930s, Henderson began arranging for Benny Goodman, thus the connection.
Though the LP here was released in 1956, the recording of the tune was made in 1937.
Someone thought that it was Bunny Berigan on trumpet but his famous solo was on “King Porter Stomp.” The trumpet section here was Charles Griffin, Harry James, and Ziggy Elman.
The rest of the band was bassist Harry Goodman, drummer Gene Krupa, guitarist Allan Reuss, pianist Jess Stacy, saxophonists William Depew, Herman Schertzer, Arthur Rollini, and Dick Clark along with trombonists Joe Harris and Sterling Ballard.
Henderson’s arrangement of the piece included quotations of Oliver’s trumpet solo from the 1923 recording. The quotations remained in the arrangement in 1937.
The recording was special to Robert because it was owned by his and Steve’s father. This was Robert’s first exposure to jazz music, as a child.
“My father jettisoned it and it ended up in my basement.”
So the record was special to Robert as a developmental building block in his musical appreciation. The record was also important to the music world at large as Benny Goodman’s band was just beginning to take the world by storm in the late 1930s because of their success at the Palomar Ballroom in California. The trifecta!
The Orchestra’s success in California was built behind radio play and timing. Goodman was being broadcast live from performances in Chicago in the 1930s over the radio, most being later in the evening. When the group went on tour, there were small turnouts until they reached California. While the radio broadcasts of the group were generally later in the evening all over the States, they were prime time broadcasts in California.
Goodman’s success in California was the boost he needed to become the “king of swing” for the next 20 years.
3. J.R. Monterose – “Sonnymoon For Two” from Is Alive In Amsterdam Paradiso (Heavy Soul Music HSM 1502, 1969)
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