August
29
Adding Transparency To A Critical Process: The Unhappy Marriage Of Credits, The Blues And Technology
One of the most common questions I am asked regards rights, as in "who gave the Democrats the rights to use that awful song after Barack Obama's excellent speech last night?" It evolves into a discussion about the difference between synch/mechanical rights and a writer's copyright, which is not even clear when the all-sample work of Girls Talk is explained by someone who might understand the issue and still draws no distinction between a recording and a copyright.
Using a performer's recording, like John Williams' Olympics themes, can be a big payday for the writer, but a writer needs to make sure that when their songs are covered, they are still credited. Like the people who may or may not have written the Elmore James hit "Done Somebody Wrong," perhaps best known by the Allman Brothers Band's cover.
I had been looking at a few of their set lists since the Allmans resumed touring on the heels of Gregg Allman's recovery from hepatitis C. One of my favorite bands ever and an addiction I have never been able to shake, I was jonesing for a little Duane Allman and Dickey Betts interplay so I threw on disc 2 of the 2006 edition of "Eat a Peach."
Scanning the liner notes, I noticed "Done Somebody Wrong" was credited to James, Clarence L. Lewis and everybody's favorite white bluesman in a business suit with mob ties, Morris Levy. For some reason, I had never noticed Levy's name in the credits for the song and wondered if it had always been an oversight on my part.
On the original vinyl of "Live at the Fillmore East," which is the first place most of us ever heard the tune, lists the songwriting credit as Lewis, James, David C. Thomas and Morgan Robinson. Lewis and Robinson were something of a team, writing songs such as Lee Dorsey's "Ya-Ya" with their "co-writer" Levy. Who Thomas is remains a mystery.
In 1992, Polygram issued a complete, two-CD edition of the Fillmore East recordings from 1971 and credited "Done Somebody Wrong"to the team of Lewis, James and Levy. But when it came time for Universal to issue a version of the album - in 2003 through its Mercury Chronicles unit - the writing credit was changed to just Elmore James.
Perhaps not too oddly, James gets the lone credit on the song Rhino Records' "Very Best Of" issued in 2000.
A significant reason I lament the digital migration of music to Internet services such as iTunes is the absence of this arcana - the list of musicians on tracks, songwriting and producing credits, recording dates, etc. So many of my peers grew up not just on the albums, but the information held within and these days listeners who limit their purchases to Apple do not even get the benefit of having the label listed. "Live at Fillmore East" brought a fair number of new names to my world as a 13-year-old - specifically James, Willie McTell and T-Bone Walker - that exposed me to a world I did not know existed, and I have long credited the combination of credits on records and curiosity for my insatiable desire to consume as much music as possible. (Last weekend my soundtrack while I was cooking was Mosaic Records' T-Bone Walker set; that stuff has an enduring appeal even if many of the songs are structured exactly the same way).
There's no way to know how many other tunes fit the example of "Done Somebody Wrong" and one wonders how vigilant an heir needs to be to ensure that money from their ancestors' work is going to the right places and is in the right amount. Technology may short change a good number of artists down the road as all it will take is the wrong information being printed once and then repeated; it's bad enough that "American idol" does not require that songwriters be properly credited when the contestants give the wrong name before a song. It's small, but it's one more step toward crushing our musical heritage and the writers upon whose work the American songbook is built. And in the case of Levy, the business executives who stole from the creatives.
As I continue my quest to get to 100 shows and see 300 acts this year, I have slipped a bit lately, making it to two only three shows in the last two weeks and seen six acts. I have 41/136 to go.

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