[Dixielandjazz] Babette Ory vs. Country Joe McDonald

[Jim O'Briant]

Steve Barbone wrote:

> ... [Muskrat Ramble] was written in 1927 I think, but according to the 
> below news flash, Babette Ory copyrighted it in 2001. Probably will 
> not become public domain in our lifetimes.

The Reuters news article said:

> Ory sued in September 2001, claiming that "Fixin' 
> to Die Rag" was similar to and infringed on "Muskrat 
> Ramble." ... Ory obtained copyright to "Muskrat Ramble"
> in 2001. ... McDonald wrote "Fixing To Die Rag" in 1965 ... 

Steve also wrote:

> Had Kid Ory brought this suit in 1965, it may well have succeeded.

I interpreted the story to mean that Muskrat Ramble was copyrighted in the
1920's, but that Ms. Ory became owner of the copyright in 2001.  This is
confirmed by information on the following website, which discusses the
lawsuit:

http://users.rcn.com/borneo/lawsuit.htm

By clicking on the [Complaint] link, you can read the text of the suit,
which includes the following:

	5. "Muskrat Ramble" is a legendary, important 
	musical composition in the Dixieland style. 
	"Muskrat Ramble" was written as in instrumental 
	by Kid Ory in 1924. It was original with Ory. It 
	became a worldwide hit and "standard," and is the 
	most famous song written by Kid Ory. It was written 
	in the 1920's and copyrighted in 1926. Ory is the 
	daughter of Kid Ory, owner of the copyright in the 
	United States and other territories, and relies on 
	"Muskrat Ramble" for her support. Kid Ory, raised on 
	the streets of New Orleans, was a founding father of 
	Dixieland music along with his great friend and 
	collaborator, Louis Armstrong. Kid Ory, who died 
	in 1973, was frequently taken advantage of by 
	unscrupulous business persons and he and his heirs 
	were and are naive in business.

	6. "Muskrat Ramble" has been renewed and is subject 
	to applicable term extensions in the United States. 
	There has been full compliance with all statutory 
	formalities including registration, deposit and 
	payment of fees. It bears copyright registration 
	number E637451, recorded May 1, 1926; renewed May 
	18. 1953, under entry R. 112140. 

Another news article quoted on this page says:

> [Babette] Ory only recently obtained the copyright to her father's 
> song, Johnson [her attorney] said. For nearly 40 years, it had been 
> held by Simon Music, the song's publisher.

Yet another news article quoted on this page says:

> Kid Ory died in 1973 but Babette says his dying request was that she 
> "nail that bastard, McDonald" because he hated the song's anti-war 
> stance and profane lyrics.

"Country" Joe McDonald is quoted as saying:

> Louis Armstrong claimed he wrote "Muskrat Ramble" but let Kid Ory take 
> the credit and royalties. Sidney Bechet thought "Muskrat Ramble" was 
> based on an earlier Creole tune, "The Old Cow Died."

So there's a lot more detail for you....

Jim O'Briant
Gilroy, CA
* Principal Tuba, South Valley Symphony
* Eb Bass, The Pacific Brass
* Occasional Tuba, Tommy Bro's Hecker Pass
    All-Star Dixieland Jazz Band
* Occasional Tuba, Mission Gold Jazz Band
* Available for almost any style of music