The Carter Family, Ralph Peer, copyright ... and, oh, Lesley Riddle

A.P., Sara, and Maybelle Carter
The original Carter Family

The Carter Family, immensely popular musicians a century ago, helped usher in "Country Music." At the time it was labelled "Hillbilly Music." They have a fascinating history, including a long stay in Mexico where they performed live on a radio station owned by an entrepreneur who made most of his fortune by enticing men to travel to his "hospital" near the radio station, and have goat gonads implanted in their scrotums. A cure for impotence. Following a few deaths (and a few miraculous cures) Dr. Brinley lost his fortune and his radio station. The Carter's were popular draws to the station; adverts recommended the treatments.

The Carter Family might be best remembered these days from their relationship with Johnny Cash. Johnny married June Carter; but she insisted he kick his drug addictions first. At one point the Carters, with rifles at the ready, kept dealers away while Johnny went cold turkey.

 The Carter Family was managed by music publisher Ralph Peer, from the time he "discovered" them in 1927. Not long before, Peer had signed a contract with the Victor Recording Company through which he received an annual salary of one dollar but, "my publishing firm would own the copyrights, and thus I would be compensated by the royalties resulting from the compositions that I would select for recording purposes."

In order to make money Peer needed clients who wrote their own songs (and who would sign over to him ownership of their material). This worked well for his client, Jimmie Rodgers, who wrote his own material. But the Carters - Alvin Pleasant (A.P.), Maybelle, and Sara - were not songwriters. They were expert at interpreting Appalachian songs they had been brought up with. Peer instructed them to find and modify already existing songs. These would be copyrighted as new songs, with A.P listed as the composer of both words and melody. The royalties did not come directly to the Carters, though. The money was funneled through Ralph Peer. He gave the Carters a portion of the funds, enough to keep them loyal.

Because of this arrangement with Ralph Peer, A.P. Carter went on many journeys through Appalachia in search of songs they could add to the Carter's copyrights. A.P. found the material in people's backyards and kitchens and front porches, where they played the songs of their ancestors. He found them in hymnals and songbooks. The old songs that survived in the Carters' home state of Virginia and surrounding territory were raw material.

The original Carter Family made over 240 records between 1927 and their break-up in 1943. Almost all of these were based upon songs they did not write themselves (you can count exceptions on the fingers of one hand).

As an example, "Bury Me Beneath the Willow" was based upon a traditional folk song called "Under the Willow Tree."

Here is the opening verse and the chorus from the original:

My heart is broken, I am in sorrow
For the only one I love
I ne'er shall see his face again
Unless we meet in heaven above

Chorus: Then bury me beneath the willow
Beneath the weeping willow tree
And when he knows that I am sleeping
Then perhaps he'll come and weep for me

Here is the opening verse and the chorus from the Carter Family variation:

My heart is sad and I'm in sorrow
For the only one I love
When shall I see him, oh, no, never
Till I meet him in heaven above

Chorus
Oh, bury me under the weeping willow
Yes, under the weeping willow tree
So he may know where I am sleeping
And perhaps he will weep for me

Many, maybe most, Carter songs were like this. The cash machine kept dinging for Ralph Peer, and the Carters received a bit of the profits. Enough to keep them loyal.

For a few years A.P travelled through Appalachia in search of "new" songs he could transcribe and copyright. For much of this time he travelled with his friend Lesley Riddle. Riddle was an innovative guitarist with a prodigious musical memory (A.P. had neither). Riddle taught A.P. to play guitar - but A.P. never progressed beyond rudiments. Riddle taught Maybelle a picking method which became famous as "the Carter scratch," which became the basis for Johnny Cash's musical style. In the Appalachian homes they visited, A.P. scribbled down the lyrics while Riddle memorized the melody and the chord changes, and then taught them to Maybelle and Sara. Riddle (who we shall revisit in an upcoming entry) was black and, due to his association with the Carters, one of the formative personalities in Country music. He is not much remembered today, though. I wonder why?

"This Land is Your Land" - and copyright

Woody Guthrie's song, "This Land is Your Land," has been making the news lately. A class action lawsuit is hoping to bring the song into the public domain.

Guthrie published the song in 1945 (although he wrote it five years earlier). At that time copyright extended for 28 years beyond the date of publication, after which it could be re-registered for a further 28 years. Guthrie did not renew the copyright, and so it should have entered the public domain in 1973. A publishing company, though, registered the song as a new creation in 1956 (eleven years after Guthrie published the song) and renewed it in 1984 - by which time the length of copyright had been extended considerably. Clearly (as with Irving Mills and "St. James Infirmary"), they had no right to ownership of the song.

Guthrie based his melody on earlier songs.

An old turn of the 20th century Baptist hymn called "Oh My Loving Brother":

Which The Carter Family used for their song "Little Darling Pal of Mine," recorded in 1928:
And again for "When the World's on Fire," recorded in 1930:


In this context it is interesting that - as I discuss in "I Went Down to St. James Infirmary" - song publisher Ralph Peer asked the Carters to modify the traditional songs they heard in their native Appalachia in such a way as to allow the songs to move from the public domain into copyrightable material.  Peer then assumed the copyright for his publishing company, and kept the Carters loyal to him by assigning them a portion of the royalties (which was a better deal than most publishers were offering at the time).

Some writers, such as Barry Mazor in his important (if hagiographic) 2015 biography "Ralph Peer and the Making of Popular Roots Music," (Chicago Review Press - with a co-copyright credit to Peer's publishing company Southern Music) assert that this is just good business. The reasoning goes that it is the business of song publishing, and the profits that flow from it, that allow these songs to survive and enter public consciousness. In this way capitalism is good for our commonality and for cultural well-being.

More idealistic assertions suggest that song ownership should always reside with the writer, that simply because you have more money does not give you the right to profit excessively from somebody else's work; publishing revenue should be enough. Simply because there is a common practice does not make it a right practice.