[Dixielandjazz] ODJB again (was Perfect Tune To Learn Trad Soloing)

Bill Haesler bhaesler at bigpond.net.au
Thu Apr 10 18:39:16 PDT 2008


PHIL WILKING wrote [in part]:
> Incidentally, that 3rd strain [of "Dixie Jass Band One-Step"] is 
> really the 3rd strain of a rag titled "That Teasing Rag." I have read 
> that using it cost the Original Dixieland Jazz Band their RCA contract 
> because they did not tell RCA they were using someone else's 
> copyrighted music and RCA was hit with an infringement lawsuit.

Dear Phil,
No quite so.
"Dixie Jass Band One-Step/Livery Stable Blues" was recorded for Victor 
on 26 Feb 1917 and became (as you know) the first jazz record ever 
made. It was a one off and resulted in a royalty fight between Nick 
LaRocca and Alcide Nunez over authorship of the B side, "Livery Stable 
Blues". Victor was not involved.
The case was dismissed in Oct 1917. In the meantime the ODJB had 
recorded for Aeolian in July, August, September and November 1917.
"That Teasing Rag" was written by Joe Jordan in 1909 and sold to 
publisher Joseph Stern and Company.
After the above Victor record came out Stern noticed the similarity in 
the third bit and brought action against the ODJB for copyright 
infringement.
However, Victor 'solved' the problem by withdrawing the record and 
relabeled "Dixie Jass Band One-Step" with the inclusion of the words: 
[Introd. 'That Teasin' Rag'.]
Following the success of the first record (and the resolution of the 
fight over "Livery Stable Blues) Victor signed the ODJB to record its 
next record for the company, which it did on 25 March 1918.
This Victor contact ran through to Dec 1918, terminated (presumably) 
when the band signed up to perform in London from March 1919.  On its 
return to the US in July 1920 the ODJB returned to Victor and recorded 
again from September (an unissued session) until December 1921.
Kind regards,
Bill.




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