1920 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.
AN AGREEMENT made the first day of July, A. D., 1920, by and between VICTOR TALKING MACHINE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, United States of America, having its principal place of business in the City of Camden, County of Camden, State of New Jersey, hereinafter called the Victor Company, of the one part and WILLIAM MURRAY (professionally known as Billy Murray), of New York City in the State of New York, hereinafter called the Artist, of the other part.
In consideration of the several provisions hereinafter contained, it is hereby agreed between the parties hereto as follows:
1. This agreement is made for a period from and including the day of the date hereof to and including the first day of July, A. D., 1925.
Paragraph 1: This contract is to last from July 1, 1920 to July 1, 1925.
2. The Artist agrees that at mutually convenient times, on not less than six (6) days each month, he will come to the recording laboratory of the Victor Company, and, for the purpose of making complete, perfect and approved master records of his voice, will there sing and when requested repeat for the Victor Company not less than fifty (50) and not more than one hundred and eighty (180) selections of solos and concerted numbers, the selections to be chosen by an authorized representative of the Victor Company. Of such selections, such number as the Victor Company shall request, but not less than ten nor more than thirty-six, shall be so sung and recorded during the first year of said period (counting the year as beginning on July 1, 1920), such number as the Victor Company shall request, but not less than 10 nor more than 36, shall be so sung and recorded during the second year of said period, such number as the Victor Company shall request, but not less than 10, nor more than 36, shall be so sung and recorded during the third year of said period, such number as the Victor Company shall request, but not less than 10 nor more than 36, shall be sung and recorded during the fourth year of said period and such number as the Victor Company shall request, but not less than 10 nor more than 36, shall be so sung and recorded during the fifth year of said period. No master record shall be considered satisfactory or complete and perfect until it has been approved by an authorized representative of the Victor Company and if an approved master record becomes defective or otherwise unsatisfactory the Artist will repeat the selection until a new approved master record thereof is made. The Artist further agrees that he will for the purpose aforesaid, at mutually convenient times, when so requested by the Victor Company, sing in concerted numbers with other artists, and will also at mutually convenient times and places attend and take part in rehearsals.
Paragraph 2: Murray was to make records for Victor at mutually convenient times, at least six days per month.
My discography on Murray's 1920-1925 Victor years is still highly incomplete. I have the data on his solos and most of his duets, but not on his unissued American Quartet or large ensemble recordings. I have not been able to verify that Murray came to the Victor studios six days a month, but I will eventually be able to verify whether he did or not. (He was required to.)
Each year, beginning in July and ending in July, Murray was to make at least 10 masters, and no more than 36. Over a five-year period, this would total a minimum of 50 masters, and no more than 180. Unlike his October 1, 1919 agreement, Murray no longer had the privilege of chosing his own material—all selections were to be chosen by a Victor representative. Victor also had the right to have him remake material if a master gets defected, or rejected. Not only was he to sing solos, but also "concerted numbers" (this included duets, and as member of the American Quartet, the Victor Light Opera Company, and brief vocal refrains for dance bands), and attend rehearsals when necessary.
3. The Artist hereby grants to the Victor Company the right, at any and all times during the period of this agreement and hereafter, to manufacture, advertise and license or sell, and any or all these rights and powers, in all parts of the world records of his voice in selections of which approved master records have been heretofore made or shall hereafter be so made, including the right to place records of his voice, either in solo selections or in concerted numbers, on one side of a double-faced record and to place the record of some other artist or artists selected by the Victor Company on the other side of such double-faced record, and grants the further right to make use of his name and his photograph and the name Billy Murray in connection with the manufacture, with the advertisement and with the license or sale of such records and likewise grants all rights in and to the matrices and records upon which have been or shall be reproduced the performances herein referred to.
Paragraph 3: Victor retains all rights to the advertising and selling of his Victor masters (Murray was not entitled to the copyright of his masters), including the exclusive use of his name in publication of photographs and advertising. Victor also had the right to couple his double-sided records with another performance in which he did not participate in.
4. The Victor Company agrees (subject to the provisions of paragraph 6) to pay to the Artist for and during the period of this agreement a salary of fifteen thousand dollars ($15,000) each year in equal monthly payments, the first payment to be due on the first day of August, 1920, so that each monthly payment will be for the services rendered during the month then ended. An account is also to be kept of the record services of the Artist hereafter given under this agreement and upon each record of his voice where the selection is so sung under this agreement and the record is licensed or sold by the Victor Company, allowances shall be made of royalties, that is to any, upon solos [handwritten: "three quarters of," initialed by Murray on the left-hand margin] one cent and upon concerted numbers one-half of one cent. If at the end of any year during the period of this agreement the allowances for such year at the rates above indicated shall exceed the sum of fifteen thousand dollars ($15,000), the Victor Company further agrees to pay to the Artist whatever shall be the excess of such allowances over the sum of fifteen thousand dollars ($15,000). If, however, at the end of any year during the period of this agreement the allowances for such year at the rates above indicated shall be less than the sum of fifteen thousand dollars ($15,000), the difference between such allowances and fifteen thousand dollars shall be applied to and in payment or part payment of the royalties thereafter to become due to the Artist. Moreover the Victor Company agrees that it will after the period of this agreement continue to pay to the Artist the royalties above specified so long and only so long as he does not after such period make or permit to be made for any person, party or concern other than the Victor Company a record of his voice of any kind or description. Payment of the amount, if any, due upon such royalties shall be made annually and the Victor Company shall have the right to deduct from the amount of any statement or account of royalties due the amount of royalties previously paid to the Artist on records subsequently returned either as defective or on exchange propositions.
Paragraph 4: Murray was to receive $15,000 per year, in monthly payments ($1,250 per month), beginning on August 1, 1920. He was also to receive three-fourths of a penny in royalties for each record of his solos (it was originally a penny each, but it was modified to three-fourths, which Murray did approve by initialing in the left-hand margin). Regarding his "concerted numbers," he would receive half a cent in royalties.
If he recorded over $15,000 worth of masters each year, he would receive whatever amount was in excess of his yearly earning. If he recorded less than $15,000 worth of masters each year, he would not receive the full $15,000, and instead, would receive the amount the masters added up to. He would, however, still earn his royalties for the masters released if he didn't record $15,000 worth of masters each year.
When this contract expires on July 1, 1925, Victor will still agree to pay Murray his royalties for recordings released between July 1, 1920 and July 1, 1925, as long as he didn't record for any other company after the contract expires. (This probably suggests why Murray stayed with Victor afterwards.) The royalties are made annually, and if dealers were to return defective records, or records to be exchanged, Victor would deduct Murray for the difference of whatever royalty amount was paid to him.
5. The Artist further agrees that he will not at any time during the period of this agreement make or permit to be made a record of his voice for any person, party or concern other than the Victor Company and will not during such period enter into any agreement with any person, party or concern that would in any way prevent the Artist from making records of his voice for the Victor Company or from singing in combination with the other singers for the purpose of making records for the Victor Company, nor will be during such period appear in concert or permit himself to be advertised in any way except as an exclusive Victor artist. In case the Artist after the period of this agreement makes or permits to be made for any person, party or concern other than the Victor Company a record of his voice of any kind or description, the Victor Company shall then be free from any and all further obligation to pay royalties to the Artist and the Victor Company shall thereafter have the right to manufacture, advertise and license or sell anywhere, and to use his name and photograph and the name Billy Murray, in connection therewith, records of the Artist's voice without payment or obligation of any kind to the Artist and all right of the Artist to any further accounting shall likewise thereupon forthwith cease.
Paragraph 5: Murray agrees not to make any records for any other company during this five-year period. He was not permitted to appear in concert or be advertised unless he was mentioned as an exclusive Victor artist. If he made any records after this agreement for any other company, he would no longer earn royalties, and Victor would still maintain the rights of selling his records and using his name in advertising without paying him extra.
6. Upon the death of the Artist at all obligation of the Victor Company to make any further payment of salary under this agreement shall be at an end, but, if the Artist does not between the date of this agreement and the day of his death make or permit to be made for any person, party or concern other than the Victor Company a record of his voice of any kind or description, royalties at the rates above indicated, shall after his death be due and payable in lieu of salary. If in any year during the period of this agreement the Artist is unable, through sickness or temporary or permanent loss of voice, to sing, or for any reason does not sing for the Victor Company and this [sic] permit the Victor Company to make at least ten perfect and approved master records of ten selections of solos and concerted numbers chosen by the Victor Company, the salary for such year shall not be due or payable but in lieu thereof royalties for such year at the rates above indicated shall be due and payable.
Paragraph 6: If Murray died, Victor would not have to pay him his $15,000, but his heirs would receive his royalties. If Murray is unable to make at least 10 records each year due to sickness or voice loss, he would also not receive his $15,000, but would still receive his royalties.
7. In case the license or sale of records of the Artist's voice in any selection of which an approved master record is made shall fall below an aggregate of sixty (60) in any three consecutive months after the first year of its being listed in the catalog of the Victor Company, such selection shall be considered by the Artist and by the Victor Company not a good record selection and the Victor Company shall have the full right to withdraw from license and also from sale records of any such selection.
Paragraph 7: If a record fell below a sale of 60 copies each month, for three months in a row after its first year of being in the Victor catalog, the company had the right to withdraw that record from sale.
8. All agreements heretofore made between the parties hereto are terminated and superseded by this agreement. The covenants of and rights granted by this agreement shall apply to, bind and be for the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto.
Paragraph 8: This agreement is binding, and any previous agreements made between Murray and Victor is null and void, including the October 1, 1919 non-exclusive contract that was supposed to last until October 1, 1922.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals, dated the day and year first above written.
VICTOR TALKING MACHINE COMPANY (SEAL)
BY
Edward K. MacEwan
William Murray (SEAL)
Witness
J. S. Macdonald [known on 78s and cylinders as "Harry Macdonough"]
