1909 VICTOR CONTRACT
I was not permitted to photocopy or scan the original contract, but I was permitted to transcribe it for non-commercial, educational purposes only.
The main points of each paragraph are outlined after the original paragraph for easier reading.
AGREEMENT between the VICTOR TALKING MACHINE COMPANY, of Camden, State of New Jersey, hereinafter known as the VICTOR COMPANY, and Mr. Billy Murray of New York City, hereinafter known as Mr. Murray made this First day of January, 1909.
WITNESSETH:
1. That the said VICTOR COMPANY agrees to pay to the said Mr. Murray Seventeen Hundred and Fifty Dollars each year for a period of two years, said amounts to be divided into twelve payments of $145.90 dollars each month, first payment to be due on First day of Feby [sic] '09 for the services of said Mr. Murray ——— for making records of his voice for the VICTOR COMPANY.
Paragraph 1: Murray was to receive an annual salary of $1,750 each year for two years, with monthly payments of $145.90 per month, beginning February 1, 1909.
2. In consideration of the above amount the said Mr. Murray agrees that he will make no record of his voice, or do any record work of any kind for any person, party or concern other than the VICTOR COMPANY, except the NATIONAL PHONOGRAPH COMPANY, at any time during the period of this agreement.
Paragraph 2: The word "record" was handwritten between "any" and "work," which Murray initialed and wrote "ok" in the right-hand margin. He was not to record for any other company except for Edison's National Phonograph Company, makers of four-minute wax Amberol cylinders, and two-minute "Standard" cylinders (as they were called at the time). Victor often allowed several of their exclusive artists to record for Edison, since the company was not viewed as a major threat to their business like Columbia was. Edison would begin recording experimental vertical-cut Diamond Disc masters with Murray the following year, although in the years following 1910, Victor and Columbia still allowed their exclusive artists to record for the vertical-cut disc brands, since neither company viewed these firms as major competition.
3. The records of said Mr.Murray 's [sic] voice are to be made at a place appointed by the VICTOR COMPANY at a time subject to the reasonable convenience of the said VICTOR COMPANY, the saidMr [sic] Murray and the ——— NATIONAL PHONOGRAPH COMPANY, with the distinct understanding that the said Mr. Murray shall give not less than two days each month to the VICTOR COMPANY for the purpose of making records of his voice.
Paragraph 3: Murray was to come to the Victor studios at least twice each month, and the location of the recording session was to be "appointed" by Victor (this would either be in New York City, or in Camden, New Jersey). He was to record at the convenience of Victor, himself, and Edison.
From January 11, 1909 to December 27, 1910, Murray honored this paragraph by coming to the Victor studios as many as five times each month. The only exception is March 1909, when he only had one session on the 2nd, cutting two duets with Ada Jones. Otherwise, Murray easily met the terms of this paragraph.
4. It is distinctly understood and agreed by the said Mr [sic] Murray that he will furnish four new selections each month to the said VICTOR COMPANY for their approval, and shall be prepared to make records of such selections when called upon. A failure to furnish the said number of new selections each month will constitute a breach of agreement, and the VICTOR COMPANY shall have the right to cancel the balance of the period of this agreement if the said Mr [sic] Murray fails to furnish new material as herein stated, said new selections must be fully up to the standard of the selections which the said Mr [sic] Murray has heretofore submitted to the VICTOR COMPANY.
Paragraph 4: Murray was to record at least four "new" selections each month. He was to be prepared whenever Victor called him, and if he did not meet the four-selections-per-month minimum (as well as the finished masters meeting the approval of the executives), Victor had the right to cancel his contract.
Whether or not Murray met the terms of this paragraph is currently inconclusive, since I'm still compiling information on his Victor sessions from 1909 to 1910. I will eventually be able to verify whether or not he met the terms of this paragraph.
5. It is further understood that the said Mr [sic] Murray —— will sing in any combination with other singers and will make records of any song or selection which the VICTOR COMPANY may ask him to do, for the purpose of making a record of his voice.
Paragraph 5: Murray was to sing with other artists when Victor assigned him to. This would include duets, and ensemble work with the American Quartet, the Victor Light Opera Company, the Victor Minstrel Company, and the Victor Vaudeville Company.
6. It is further understood that when the VICTOR COMPANY requests the said Mr [sic] Murray —— to make records outside of the City of New York, railroad fares to end from New York are to be paid by the said VICTOR COMPANY, and an additional allowance of $2.00 per night for hotel expenses will be made, where it is necessary for the said Mr [sic] Murray to remain over night for engagements with the VICTOR COMPANY.
Paragraph 6: The majority of Victor's popular fare was recorded in Camden, New Jersey. Since Murray lived in New York City at this time, Victor was willing to pay him his railroad fare to come to Camden, and would also pay him $2.00 a night in hotel costs if he had to stay overnight.
In the two years to follow, there were at least five occurrences where Murray had a Camden session two days in a row.
7. It is further agreed that the VICTOR COMPANY has the power and right to declare this contract void at any time if the said Mr [sic] Murray makes a record of any kind of his voice for any other party, person or concern other than the VICTOR COMPANY and the NATIONAL PHONOGRAPH COMPANY herein referred to, [and] if the said Mr [sic] Murray refuses without just cause to sing for the purpose of making a record of his voice, when requested so to do by the VICTOR COMPANY.
Paragraph 7: Victor has the right to cancel this contract if Murray records for any other company (besides Edison), or if he refuses to record when requested by Victor.
8. It is understood and agreed that the said — Mr [sic] Murray —— shall be liable in damages to the sum of Five Hundred ($500.00) Dollars should he make a record of any kind of his voice for any person, party or concern other than the VICTOR COMPANY and the NATIONAL PHONOGRAPH COMPANY herein referred to.
Paragraph 8: If Murray records for any other company besides Edison, he would be fined $500 for damages—quite a steep amount for 1909.
WITNESS OUR HANDS AND SEALS this Nineteenth day of January 1909.
Victor Talking Machine Company (SEAL)
By Albert C. Middleton, Secretary
C. [Calvin] G. Child [Witness] Billy Murray (SEAL)
