User:Grover cleveland/Twelve days of Christmas copyright

Austin melody

 * 1909: Austin arrangement US copyright by Novello 1909: https://archive.org/details/catalogofcopyrig43libr/page/982/mode/2up "Traditional song arr. by Frederic Austin, for voice and piano".  Novello 13056.  Key of F.  Price: two shillings net.
 * Under Copyright Act 1909, US copyright would have had to be renewed in 1937. No evidence that copyright was renewed (see e.g. https://archive.org/details/catalogofcopyrig323libr/page/1512/mode/2up "Renewals" section is at the back )
 * So we would expect to see free US publication of the melody starting around 1937.
 * Version in F: Novello 13056. Price two shillings.
 * 1928
 * Copyright 1928; renewed 1956. Austin melody in an elaborate vocal arrangement (SSASSA + S1S2 soli) with piano accompaniment.  Key A-flat.  No acknowledgement of Austin or Novello.  "Old English Song Arranged by Louis Victor Saar".  "Calling birds".  Has the cute descending scale on "Five gold rings" (as in the Bing Crosby recording).
 * Registered for US Copyright Sept 1928: https://archive.org/details/catalogofcopyrig23123libr/page/1162/mode/2up
 * 1947 . "A very old and unusual cumulative carol from England". No mention of Austin.  No mention on copyright acknowledgements page.
 * 1948 . Key of G.  Melody differs in the first two notes, + adds repetition of "in a pear tree". "Four calling birds". "Five goldie wrens".  Rhythm here differs.  8 hares a'runnin'.  nine boys a-singin'. ten ladies dancin'. eleven lords a-leapin'. twelve bulls a'bellowin'".
 * 1949: Bing Crosby and the Andrews Sisters with Vic Schoen And His Orchestra (Decca records 24658). "Four callin' birds".  "Five gold rings" in melody; "five golden rings" in countermelody.  https://www.newspapers.com/clip/92360749/logansport-pharos-tribune/ https://www.youtube.com/watch?v=hM5rIz70cE0 https://archive.org/details/swingit00john/page/235/mode/2up
 * 1951 (1st ed. 1949) . "Four collie birds. Five golden rings".  Even rhythm.  Includes some theories about the words: partridge = abandonment of faith; girl circling pear tree sees true love; french hens = breton hens; five golden rings = ringed pheasant. No mention of Austin.
 * 1954 Novello publishes three arrangements by Eric H. Thiman:
 * Two-Part Songs 222. Traditional Song Arranged, with Piano Accompaniment, by Frederic Austin. SA Version by Eric H. Thiman. Copyright 1954. [Piano accompaniment seems identical to 1909]
 * Trios 607. Traditional Song Arranged, with Piano Accompaniment, by Frederic Austin. SSA Version by Eric H. Thiman [by permission] Copyright 1954. [Piano accompaniment seems identical to 1909] image here.
 * Part Song Book 1568. Traditional Song Arranged for SATB (unaccompanied) by Eric H. Thiman from the version by Frederic Austin [by permission].  Copyright 1954
 * 1955 (first ed. 1948): https://archive.org/details/newsongfest_202004/page/n17/mode/2up No mention of Austin.
 * 1955 The Twelve Days of Christmas: Traditional (Song for Low Voice). Novello 13056. Price 2s. 6d. Date of 1955 on front cover.  Key of F.  Appears to be identical reprint of 1909 publication (including copyright notice and catalogue number), with exception of:
 * outer and back covers (front cover is "FREDERIC AUSTIN" "THE TWELVE DAYS OF CHRISTMAS" "Traditional" "Song for Low Voice")
 * Dedication to Hamilton Harty above title (formerly on front cover)
 * Addition of "Note:-- This song was, in my childhood, current in my family. I have not met with the tune of it elsewhere, nor with the particular version of the words, and have, in this setting, recorded both to the best of my recollection.  F. A."
 * 1955: . No mention of Austin.  Words and music "Traditional English". Words & music identical to Austin, except for extra sharp Scotch snap on "gold". Note: author is fastidious about crediting copyright elsewhere (e.g. Holly and the Ivy attributed to Novello).
 * 1956:
 * "Old English Folk Song Collected and Arranged by Frederick Austin."
 * "Reprinted by permission of Novello & Co. Ltd."
 * No explicit copyright notice
 * Melody only
 * Words have "colly birds" and "golden rings".
 * 1956: Novello publishes version in G. https://www.worldcat.org/title/twelve-days-of-christmas-traditional-song-key-g/oclc/957643383&referer=brief_results
 * 1957: Novello publishes versions in G and A: https://www.worldcat.org/title/twelve-days-of-christmas-traditional-song-ltarranged-by-f-austingt-etc-in-g-and-a/oclc/497413029&referer=brief_results
 * I have the version in A (Novello 18378). It has the same footnote mentioned earlier.  Other points of interest:
 * Front page: "The Twelve Days of Christmas". "Traditional Song arranged by FREDERIC AUSTIN" [no mention of key]
 * price is 4s 0d
 * Says "Keys F, G, A" above the title (even though it's only A)
 * Uses "modern" bass clef; engraving generally looks more modern.
 * No date on publication.
 * 1959:
 * "Traditional English arr. by John W. Schaum". No mention of Austin.  Piano acc. features some nasty chromaticism.  Words = Austin.  "Five gold rings", but melody is even crotchets.  This is a cheap and nasty publication.
 * 1959: . Melody only + chords.  "Calling birds".   "English folksong Arr. by Frederick Austin".  "Copyright, by Novello and Company, Limited.  Used by Permission".  [Note: this had not been in copyright in the US for a long time].
 * 1959 (?? nd): https://archive.org/details/oursingingworlds00pitt_2/page/122/mode/2up No mention of Austin or Novello
 * 1960 https://archive.org/details/musicforyoungame04berg/page/64/mode/2up No mention of Austin
 * 1960 https://archive.org/details/lp_hark-ye-shepherds-carols-at-christmastide_alfred-deller-deller-consort/disc1/02.01.+1.+The+Twelve+Days+Of+Christmas+-+2.+Here+We+Come+A-Wassailing+-+3.+All+My+Heart+This+Night+Rejoices.mp3 Performed on gramophone record without acknowledgement
 * Oct 1960: THE TWELVE DAYS OF CHRISTMAS: a traditional song arr. for unison voices & piano by Frederic Austin, acc. simplified by Richard Austin. London. Score. (School Songs, S. S. 2039).  NM: arr. © Novello &. Co. Ltd.; 10Oct60: EPO-76166.
 * Published last month by Novello & Co. Ltd: AUSTIN, FREDERIC -- The Twelve Days of Christmas. Arr as a unison song by Richard Austin. No 2039 School Songs. 1s 4d.
 * "Frederic Austin left music of enduring charm.  It is timely to have his son Richard's adaptation of The Twelve Days of Christmas, one of the most irresistible pieces of the season's fun, with accompaniment simplified from the original.   Here is a song for one voice or many, that should remain with the best of our century".
 * https://archive.org/details/catalogofcopyrig3155lib/page/546/mode/2up
 * 1961: https://archive.org/details/internationallib00broi/page/216/mode/2up No mention of Austin
 * p. xii Copyright acknowledgement to Novello (no date); composer Richard Austin
 * pp. 268-269: Music "English traditional". pp. 268-269: "This is a traditional English singing game but the melody of five gold rings was added by Richard Austin whose fine setting (Novello) should be consulted for a fuller accompaniment".  Words have "colly" rather than "calling".
 * p. 298 "INDEX OF NATIONAL AND CULTURAL ORIGINS" lists both Words and Music as "Northumberland".
 * Did he get the idea from Richard Austin's 1960 publication?
 * Melody for "Five gold rings" added by Frederic Austin, and reproduced by permission of Novello & Co. Ltd. [no date]
 * 133.I. Melody for 'Five gold rings' (added by Frederick [sic] Austin) C Copyright 1909 Novello and Co. Ltd. Reproduced by permission of Novello and Co. Ltd.
 * Melody for "Five gold rings" added by Frederic Austin, and reproduced by permission of Novello & Co. Ltd. [no date]
 * 133.I. Melody for 'Five gold rings' (added by Frederick [sic] Austin) C Copyright 1909 Novello and Co. Ltd. Reproduced by permission of Novello and Co. Ltd.
 * 133.I. Melody for 'Five gold rings' (added by Frederick [sic] Austin) C Copyright 1909 Novello and Co. Ltd. Reproduced by permission of Novello and Co. Ltd.
 * 133.I. Melody for 'Five gold rings' (added by Frederick [sic] Austin) C Copyright 1909 Novello and Co. Ltd. Reproduced by permission of Novello and Co. Ltd.


 * https://archive.org/details/sim_punch_1956-12-12_231_6068/page/n1/mode/2up Use of words to advertise cigarettes (1956)

Rimbault Tune

 * (words + music "traditional").




 * https://archive.org/details/treasuryofchrist00reed/page/64/mode/2up 1961

Unknown

 * "'Christmas in the olden time,' although it has now been performed in Dover annually for the past eight or nine years, again attracted an audience which filled every part of the Town Hall on December 20. The work has been compiled and adapted by Mr. H. J. Taylor, and by its seasonableness, in particular, has become one of the features of Christmastide festivitiees".
 * Looks like a hymnbook.
 * Looks like a hymnbook.
 * Looks like a hymnbook.
 * Looks like a hymnbook.


 * link

US Copyright (Music)

 * 1909-08-28 TWELVE (THE) DAYS OF CHRISTMAS; traditional song arr. by Frederic Austin, for voice and piano. C Aug 28, 1909; 2 c. Aug. 30, 1909: Novello & co., ltd., London, England. https://archive.org/details/catalogofcopyrig43libr/page/982/mode/2up
 * 1928-09-29 Twelve (The) days of Christmas; words traditional, set to an old English song, arr. by Louis Victor Saar; double cho. for women's voices with solos for sop. 1 and 2. 4to. C Sep. 29, 1928; 2 c. Oct. 5; E. C. Schirmer music co., Boston. https://archive.org/details/catalogofcopyrig23123libr/page/1162/mode/2up
 * 1935-10-14 Twelve (The) days of Christmas: traditional air arr. with new matter, W. A. Goldsworthy: sop. 1, 2, and alto cho. C Oct 14 1935. H. W. Gray co; New York. https://archive.org/details/catalogofcopyrig303libr/page/1092/mode/2up
 * 1945-11-23 The twelve days of Christmas; traditional arr. Mae Nightingale; 6-pt. mixed cho. C Nov. 23, 1945; Carl Fischer, inc. New York. https://archive.org/details/catalogofcopyrig40310libr/page/2050/mode/2up
 * 1947-12-12 (Unpublished). THE TWELVE DAYS OF CHRISTMAS with w C arr Joseph S. Daltry 12Dec47 https://archive.org/details/catalogofcopyrig315libr/page/704/mode/2up
 * 1947-12-31 The Twelve days of Christmas, for three-part chorus of women's voices with soprano solo. Traditional English text, freely arr. by Victoria Glaser. C E. C. Schirmer Music Co., Boston; 31Dec47. https://archive.org/details/catalogofcopyrig325libr/page/108/mode/2up
 * 1948-08-05 The twelve days of Christmas [arr. by Aino Yrjöla Clarke, designed and words comp. by Joshua Tolford] C Joshua Tolford; 5Aug48; on arrangement and compiled words. For voice and piano. https://archive.org/details/catalogofcopyrig325libr/page/418/mode/2up
 * 1948-08-28 The twelve days of Christmas, for mixed chorus, arr. by Lynn Murray [based on a 14th century Christmas song]. (Staff mixed chorus series, no. MC 105) C The Staff Music Publishing Co., New York; 28Aug48; on arrangement.  https://archive.org/details/catalogofcopyrig325libr/page/520/mode/2up
 * 1948-12-31 The twelve days of Christmas; [old English song] arr. by Eric Siday, transcribed for mixed chorus by Lara Hoggard. C Shawnee Press, inc., New York, 31Dec48, on transcription & arrangement; Score : chorus (SSAATTBB) and two pianos. https://archive.org/details/catalogofcopyri335libr/page/180/mode/2up
 * 1949-08-29 The twelve days of Christmas; Christmas carol for mixed voices, accompanied S. A. T. B. Old English Carol arr. by Ruth Heller, traditional [words] (Choral octavos, no. 1129) C Hall & McCreary Co., Chicago; 29Aug49 on arrangement.  https://archive.org/details/CatalogOfCopyrightEntriesSeries3Vol.3Part5ajuly-dec.1949/page/n93/mode/2up
 * 1949-10-24 The twelve days of Christmas; for mixed chorus a cappella, arr. by Healey Willan. C BMI Canada, ltd. Toronto; 24Oct49. https://archive.org/details/CatalogOfCopyrightEntriesSeries3Vol.3Part5ajuly-dec.1949/page/n215/mode/2up
 * 1949-11-07 The twelve days of Christmas, in pictures by Ilonka Karasz [With melody] New York Harper C Ilonka Karasz 7Nov49. https://archive.org/details/catalogofcopyrig331lib/page/440/mode/2up
 * 1949-11-29 Twelve days of Christmas, arr. by the Andrews Sisters [and] Vic Schoen. C Leeds Music Corp., New York; 29Nov49; on arrangement. For voice and piano; with guitar diagrams and chord symbols.  https://archive.org/details/CatalogOfCopyrightEntriesSeries3Vol.3Part5ajuly-dec.1949/page/n9/mode/2up

THEORY
In 1909 (and in his later edition / footnote?) Austin thought he was only arranging a traditional song. Had he claimed the music was an original composition, he could have earned a fortune for himself / Novello.

In 1936, Novello fails to renew the US copyright.

In 1949, the Bing Crosby / Andrews Sisters recording makes clear the commercial potential of the tune.

In 1952, Austin dies.

In 1954, Novello attempts to cash in on the song by reissuing several arrangements by Eric H. Thiman.

In 1955, Novello reissues the original 1909 publication, adding the footnote signed "F. A."

In 1960 (perhaps?) Novello has Austin's son Richard create an edition for schools, potentially adding (for the first time?) the note about "Five Gold Rings", in order to strengthen its copyright claim.

In 1961, University Carol Book misunderstood this and ended up with the theory that the "Five Gold Rings" flourish was original to Richard Austin. Others copied this erroneous assertion.

RANDOM USEFUL LINK
 * Index of first lines from Reed's Christmas carols printed in the sixteenth century (1932): https://hdl.handle.net/2027/mdp.39015008582721?urlappend=%3Bseq=171%3Bownerid=13510798892493220-203

Recordings
See
 * https://www.google.com/search?q=%22days+of+christmas%22+title%3Abillboard&hl=en&tbs=cdr%3A1%2Ccd_min%3A1945%2Ccd_max%3A1955&tbm=bks&sxsrf=AOaemvKpFVNnl_cGFnEX1QYyvi9KfMEYpQ%3A1643155214327&ei=Do_wYcK_E-zF0PEPiaOFgAM&ved=0ahUKEwjC_vCWjs71AhXsIjQIHYlRATAQ4dUDCAg&uact=5&oq=%22days+of+christmas%22+title%3Abillboard&gs_lcp=Cg1nd3Mtd2l6LWJvb2tzEANQ2gVY5Alg_ApoAHAAeACAAXKIAeEBkgEDMi4xmAEAoAEBwAEB&sclient=gws-wiz-books
 * https://www.discogs.com/search/?type=all&title=%22days+of+christmas%22&year=1948
 * https://archive.org/details/pub_gramophone?query=%22days+of+christmas%22&sin=TXT
 * https://www.google.com/search?q=site%3Aworldradiohistory.com%2FArchive-All-Music%2FBillboard%2F40s+%22twelve+days+of+christmas%22&client=firefox-b-1-d&sxsrf=AOaemvKRyoybn1F_nM_NO_F0Tbzq24fMlA%3A1643154239987&ei=P4vwYYPXO97A0PEPwr6M2Ak&ved=0ahUKEwjD8qPGis71AhVeIDQIHUIfA5sQ4dUDCA0&uact=5&oq=site%3Aworldradiohistory.com%2FArchive-All-Music%2FBillboard%2F40s+%22twelve+days+of+christmas%22&gs_lcp=Cgdnd3Mtd2l6EAM6BwgAEEcQsANKBAhBGABKBAhGGABQ2AZY6Q9g3RNoA3ACeACAAWiIAbwDkgEDNS4xmAEAoAEByAEEwAEB&sclient=gws-wiz
 * https://archive.org/details/@national_recording_preservation_board


 * Searching in all the subsidiary collections:
 * https://archive.org/details/magazine_rack?query=%22days+of+christmas%22&sin=TXT&sort=date
 * https://archive.org/details/musicmagazines?query=%22days+of+christmas%22&sin=TXT&sort=date
 * https://archive.org/details/musicmagazinesmisc?query=%22days+of+christmas%22&sin=TXT&sort=date
 * https://archive.org/details/disquesmagazine?query=%22days+of+christmas%22&sin=TXT
 * https://archive.org/details/thephonographmonthlyreview?query=%22days+of+christmas%22&sin=TXT
 * https://archive.org/details/pub_american-record-guide?query=%22days+of+christmas%22&sin=TXT
 * 1946 Columbia Catalog
 * 1947 Columbia Catalog
 * "Complete Entertainment Discography" -> 1942
 * https://www.arsc-audio.org/journals/v10/v10n2-3p163-166.pdf


 * https://openlibrary.org/books/OL4644175M/V_Disc_catalogue

Table

 * 1951 (Oct): Burl Ives: (Columbia MJV-124). source.
 * Ives is a "crooner" with a very light high baritone, and a lot of rubato. Arrangement is economical, with some women's voices.  "golden rings".  Seems a little low on production values compared to the competition. "Not the best Ives", per Gramophone.
 * 1951 (Dec) The Weavers: (Album "We Wish you a Merry Christmas" Decca DL-5373). source.
 * Folk style with banjos. "gave to me". Male and female voices.  Massive slowdown for each "five gold rings".
 * 1952 (Dec) Robert Shaw Chorale: RCA Victor Red Seal Era 118. RCA LP "Christmas Hymns and Carols, Vol ii" https://www.discogs.com/release/5405591-The-Robert-Shaw-Chorale-The-Twelve-Days-Of-Christmas/image/SW1hZ2U6MTEwOTkwMjM= https://www.newspapers.com/clip/96924629/ https://realgonemusic.com/products/the-robert-shaw-chorale-christmas-hymns-and-carols-volume-ii audio
 * Ultra-Sentimental a capella arrangement of the Austin text. I like it!


 * 1953: Cricketone Children's Chorus. http://www.45worlds.com/78rpm/record/cx17


 * 1954 (Nov) Perry Como, with Mitchell Ayres' Orchestra and Chorus HMV B10796 (UK); RCA Victor EPA-496 "Around the Christmas Tree" (US); https://www.discogs.com/release/4594445-Perry-Como-With-Mitchell-Ayres-And-His-Orchestra-Frosty-The-Snowman-The-Twelve-Days-Of-Christmas.  https://www.newspapers.com/clip/96924381/ audio.
 * Light orchestral accompaniment. Soloist alternates with choir. "Golden rings" "Gave to me". Goes all cheesey from 7th day on.
 * 1956 (Nov) Norman Luboff Choir. Columbia 40785. https://books.google.com/books?id=fgoEAAAAMBAJ&pg=PA46&dq=%22days+of+christmas%22+title:billboard&hl=en&sa=X&ved=2ahUKEwjos4vFnK32AhWCIjQIHXvUCjAQ6AF6BAgDEAI#v=onepage&q=%22days%20of%20christmas%22%20title%3Abillboard&f=false audio
 * A capella arrangement; much lighter than Shaw.
 * 1956 (Nov): Father Sydney McEwan / George Mitchell Choir. Philips NBE 11050.  https://www.discogs.com/release/9901419-Father-Sydney-MacEwan-The-Twelve-Days-Of-Christmas
 * 1958 (Nov): Belafonte. RCA Living Stereo SF-5014 / 1085. https://www.discogs.com/release/17704516-Belafonte-With-Orchestra-Conducted-By-Bob-Corman-The-Twelve-Days-Of-Christmas-Silent-Night https://reader.exacteditions.com/issues/32935/page/86?term=%22day+of+christmas%22
 * 1959 (Apr): Lois Marshall (sop w/ piano acct): HMV ALP1671. https://reader.exacteditions.com/issues/32940/page/73?term=%22day+of+christmas%22
 * 1960 (Oct): Frank deVol and the Rainbow Strings (Columbia CL 1543, album "The Old Sweet Songs of Christmas"). https://books.google.com/books?id=ix4EAAAAMBAJ&pg=PA40&dq=%22days+of+christmas%22+title:billboard&hl=en&sa=X&ved=2ahUKEwjos4vFnK32AhWCIjQIHXvUCjAQ6AF6BAgCEAI#v=onepage&q=%22days%20of%20christmas%22%20title%3Abillboard&f=false


 * Instrumental only for string orchestra. Less cheesy than some of de Vol's other arrangements.


 * 1960 (Nov): Golden Chorus and Orchestra: AA FF618A. https://www.discogs.com/release/6909604-The-Golden-Chorus-And-Orchestra-The-12-Days-Of-Christmas
 * 1960 (Nov): Ed Kenney: Philips (S)BBL7405. "Polynesian" "very amusing". https://reader.exacteditions.com/issues/32959/page/103?term=%22days+of+Christmas%22
 * 1960 (Dec): Owen Brannigan (bass) / Ernest Lush (piano): HMV Mono 7EG 8521 / Stereo GES 5780. https://reader.exacteditions.com/issues/32960/page/137?term=%22days+of+christmas%22
 * 1960 (Dec): Deller Consort (from album "Come, Ye Shepherds!", Vanguard VSD-2078) https://www.newspapers.com/clip/96922385/ https://archive.org/details/lp_hark-ye-shepherds-carols-at-christmastide_alfred-deller-deller-consort_0
 * A capella, unison throughout; alternates between unison men and unison women. Put together in a hurry?