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| Iterations of the IWDtSJI cover through the years |
I swore that the 3rd edition would be the last. What more could be uncovered???
But here we are. I hope you enjoy this as much as I do. It's a great journey.
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| "The New Music of Reginald Foresythe" This was the name of his band. It was also his notion that he could influence the musical atmosphere of jazz. |
Reginald Foresythe isn't a name you hear much these days. He was born in 1907, and made a splash in both the U.S. and (his birthplace) Britain in the 1920s and 30s.
He was a talented pianist and accordionist. He's probably best known as leader of a band (piano, clarinet, saxes, bassoon - no trumpets!) called "The New Music of Reginald Foresythe." He certainly saw himself as an innovator. Jazzy, but not jazz. Well, jazzy with an odd, impressionistic, edge.
Popular songs of his carried titles such as "Serenade For A Wealthy Widow," "Berceuse For An Unwanted Child," "Dodging A Divorcee," "Dinner Music For A Bunch Of Hungry Cannibals," "Revolt Of The Yes-Men."
Among these was a piece titled "Deep Forest - A Hymn To Darkness #1." (Which was followed by "Lament For The Congo - A Hymn To Darkness #2.")
For this post, we are more interested in "Deep Forest - A Hymn To Darkness #1."
This was recorded only a couple of years after Louis Armstrong released his iconic version of "St. James Infirmary." The third recording of the song, Armstrong's became the template for future arrangements. And now, a couple of years after that 1929 release, we find a song using the SJI melody as a dominant feature of the piece.
Oh. That Louis Armstrong release, with Armstrong's Savoy Ballroom Five, featured Earl Hines on piano. Hines later recorded "Deep Forest," with its SJI melody, two years later. So did Paul Whiteman and his orchestra, in 1934.
Paul Whiteman was a big deal. He was the most successful popular artist of the 1920s. In that decade alone, 63 of his songs were top 40 hits. 13 of those reached #1. He is one of the biggest selling musicians in all of recorded popular music. He kept "Deep Forest" as an instrumental, disposing of Foresythe's lyrics:
At the call of day
I must lay my dreams away
Once again with my heavy load
I'm ploddin' on the road
Oh night where can you be
Please set the darkness free
Toilin' all the day in life's deep forest
You mean dreams and rest for weary me
SJI was recorded at least two dozen times between 1928 and 1930. But its melody was already being incorporated into new songs. Love and theft.
Reginald Foresythe - Deep Forest - A Hymn To Darkness #1
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| Inside cover of Denton & Haskins 1930 "St. James Infirmary." Item should enlarge if clicked on. |
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| Cover Denton&Haskins SJI |
When I looked into this, the chief librarian at the New York Supreme Court kindly sent about 600 pages of testimony and legal argument. On trial and appeal Mills won the case, but when it was referred to the Appeals Court, he lost, and had to pay costs.
I had interpreted the judgements as supportive of Mills' claim, and only when I received an e-mail from a New York lawyer, Bruce R. Kraus, correcting my interpretation, did I realize that I had read the"dissenting opinion" as the court ruling.
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| Cover Mills Music SJI |
Irving Mills did not appear in court, but submitted a signed affidavit. Among other admissions, he agreed that the song did not originate with him, or with Mills Music, or with "Joe Primrose." But since this was not a federal court, those admissions meant little as far as copyright and song ownership. As Kraus pointed out, this lawsuit served warning that Irving Mills and Mills Music were not to be fooled with; to challenge them could become an expensive proposition - Mills Music had deep pockets and were unafraid of confrontation.
Of course, this New York case was not about copyright, which is a federal and not a state matter. But, then again ... in the arguments for Mills Music, Irving was saying that I own this title, I have expended considerable effort, energy, and money in publicizing the song. It is unfair that another company gets to profit from my efforts.
Maybe it was due to this warning - the warning that Mills Music would aggressively challenge legal submissions - that the copyright for St. James Infirmary was never challenged in federal court, and Mills continued to profit from the song for many years.
As Bruce Kraus succinctly explained, "you cannot copyright a title." Copyright law considers titles or phrases to be too short; they contain insufficient creative effort to warrant copyright.
For instance, the Beatles famously recorded "The End" on Abbey Road in 1969. Two years earlier The Doors had recorded a song called "The End" on their 1967 eponymous debut album. So did Pearl Jam (2009), Kings of Leon (2010), and quite a few others.
How many songs have been titled "I Love You"?
After the tragic event on January 1st, 2025, it seemed appropriate to post a couple of performances - each with its distinct flavour - of a song closely related to the city of New Orleans. St. James Infirmary.
Pam and I stayed with friends in NOLA a few years ago. We heard the song played everywhere; in small jazz venues, on street corners, and in food venues such as the Cafe du Monde, all in the French quarter. A grand time was had by all. It was the Jazz Festival. Streets were crowded, everyone was smiling.
First, is an award-winning Canadian band, living on a small island off the west coast, Blue Moon Marquee. Exceptionally talented, their take on St. James Infirmary.
Next, New Orleans legend Trombone Shorty. At the Obama White House.
