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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 purpose of this contract was to supplement Murray's July 1, 1920 Victor contract regarding his broadcasting. Not only was he not permitted to record or advertise himself for any other company, but he was also not permitted to broadcast for any radio station. Victor maintained all rights to his performances "by any and/or all mechanical or electrical or other such means for disseminating and/or transmitting..."
Murray was still recording acoustically at this time, and his first live radio broadcast (presented by Victor) did not come until March 12, 1925.
Below is a complete transcription of the agreement:
AGREEMENT entered into this 1st day of December 1922, by and between the VICTOR TALKING MACHINE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, having its principal place of business in the City of Camden, in said State, hereinafter called the COMPANY and Billy Murray, now residing in New York City of the State of New York, hereinafter called the ARTIST.
WHEREAS, the parties hereto entered into an agreement on the first day of July 1920, hereinafter referred to as the principal agreement, and
WHEREAS, the parties mutually intended, in entering into the said principal agreement, that the Artist grant and the Company receive the exclusive right to the services of the Artist for the period of the principal agreement for sound reproducing purposes, broadly, including all productions of the Artist's performances by any and/or all mechanical or electrical or other such means for disseminating and/or transmitting the same.
NOW THIS AGREEMENT WITNESSETH: That for and in consideration of the promises and for the mutual protection of the parties hereto, and the safeguarding of the covenants of the said principal agreement and the advantages and benefits accruing to them respectively under the name, and other good and valuable considerations, the parties hereto agree as follows:
1. That the said principal agreement shall be interpreted in accordance with their said intent, above referred to.
2. And in pursuance of such intent and agreed interpretation of the principal agreement, the Artist covenants and agrees that he will not perform for any other person, firm or corporation for the purpose of transmitting and/or broadcasting such performance by means of radio or by any mechanical, electrical or other means whatsoever, nor with the knowledge or intent that such performance is to be so transmitted and/or broadcasted.
This agreement and the said principal agreement are to be construed and their validity determined according to the laws of the said State of New Jersey.
Thus interpreted and modified said principal agreement is hereby ratified and confirmed and shall remain in full force and effect, this present agreement to run concurrently therewith.
This agreement to bind and be for the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF the parties have set their hands and seals the day and year first above written.
Edward K. MacEwan (SEAL)
Billy Murray (SEAL)
