In my first post on Miles, I wrote: Strangely, Miles has become the artist that people “love to hate.” Under articles about him on the internet, there are often readers’ comments saying very insulting things, even cursing him out in crude childish terms.
Why does Miles take the brunt of these criticisms? I recently heard Jay Leno say in an interview “what do you do in football? You tackle the guy holding the ball.“
I hope this illuminates for readers and musicians alike the complexity of navigating the music industry and how conditions on the ground affect and influence an artist.
Not that I feel Miles needs any of our sympathy, or somebody to apologize for him, but the reason he’s such a compelling figure is that he always has so much wonderful music and artistry to offer us. Your step-by-step insights on the logistics of putting out a record are helpful.
Great comment regarding the guy holding the football. Looking at another artist (or rather, group of artists) perhaps even more reviled for theft, Led Zeppelin, there is no moral or legal doubt that at least 6-8 things they recorded were, in part or in full, taken from other artists verbatim (legal settlements have already been made for these cases). On the internet, in lowest-common-denominator places like comments sections or open forums, they are frequently reduced to a band that stole music and had nothing original to contribute. I'm perfectly willing to condemn them for negligence or even malice in the cases where it took decades for the victims to receive any compensation at all (who knows if they were ever made whole). That said, it's silly to pretend they brought nothing of their own invention to the world of rock music.
I feel the same about Miles. He's neither a demon nor a saint. I think musicians who worked with him truly mean the praise they give to interviewers. I also think they saw and understood his shortcomings as an artist and human being. He could coast artistically, sometimes for years. He could be mercurial in temperament. In these things, he was hardly unique. Still, it's beyond debate that the best of his work is central to the history of jazz.
Thanks Jim, for this balanced appraisal of Miles, and for that interesting example from the rock world. As we proceed in this series I'll give examples where Miles had nothing to do with the incorrect composer credit, and some where he was clearly at fault, as well as situations like "Solar" which are somewhere in between. THANKS
I saw Max Roach twice introduce the song Tune Up with a long speech about it was " Written by a blues singer and saxophonist Eddie Cleanhead Vinson" his words, not mine. It's a little murky with "Nem um talvez " and "Selim" from Live-Evil. They are definitely from Hermeto Pascoal. Miles is valiantly trying to play along with the melody with mixed results. No one could ever think it was a Miles tune. Airto and Hermeto were crushed when Miles was listed as the composer and promptly quit the band. Now here I can see the confusion from Columbia's point of view with potential language issues so I'm kind of giving Miles a pass on this one. But put yourself in Hermeto's shoes. You get the gig playing keyboard with Miles Davis replacing Chick Corea and two of your songs come out on an album and Miles is listed as the composer?!?!
And let’s not forget that both compositions on the very first jazz record were subjects in copyright disputes. What a way to begin a new kind of music ~~~
Thanks much Andrew--let's talk about this by email--the info you have (which I will of course credit as I always do) could make it possible for me to get that essay ready.
Thanks very much for this. I'm always amused yet annoyed when people assert that Miles stole Nardis from Bill Evans. I've heard or read it several times. But Evans frequently credited Miles as the composer from his own stage. Also, when Evans wanted to protest the incorrect attribution of composer credit, he knew how to do it -- and he did it loudly (e.g. Blue in Green). That never happened with Nardis. Still, Nardis occasionally provides an excuse for some to take a whack at Miles.
Great article (I'll wait patiently for the followups!) but as an addendum, I've read that in his will Paul Desmond left his rights to Take Five to the Red Cross which has proven to be quite a windfall over the years!
Hi Nou, that's what some websites say but it's not exactly correct. Luckily his lawyer advised him to keep the rights--if he had assigned them to the Red Cross, which has no experience or staff to administer a music copyright, it would have been more of a burden than a gift. Instead, Paul directed his estate (that is, his lawyer's firm) that every time the royalties total $25,000 or more, they should be donated to the Red Cross. Details are here by Doug Ramsey, who knew Desmond and wrote his bio: https://www.artsjournal.com/rifftides/2011/04/1-desmond-on-take-five-2-a-financial-report.html
Hi Lewis - thanks man! Just great information and explanation. Any idea how Davey Schildkraut got to work with Miles Davis on Solar? Innovative player. Great sound and ideas
Bird said that Davey wouldn’t survive In the music business. Davey went to work for the City of New York. Davey has always intrigued me he was practically outside while being inside
This is a good explanation of the breakdown of royalties, except for one thing. If a union contract (AFM) was filed for the recording, the side musicians get a small bonus based on the sale of all records. This goes on for five years. i once guestimated that over 5 years that royalty amounts to about 40% of the original wages. If a musician plays on numerous records, as someone like, say Richard Davis did, these bonuses can be considerable.
Phil Schaap told the story many times about Miles Davis changing the bridge on "When Lights are Low" and presenting the tune as his composition to Prestige, and that the label only found out right before the record came out that it was Benny Carter's tune. Taking a look at the original 78 rpm issue, one sees that not only is there no composer listed; no publisher is shown either! (The reverse side has both.) The original EP and 10" issues don't credit Carter either. By the time the track was re-issued on the 12" LP "Blue Haze," Carter got his credit. But the situation with Miles and composers wasn't limited to issues on Prestige. Gil Evans was reported to be upset when he was uncredited on Miles' "Filles de Kilimanjaro" album. Is there evidence that this was Columbia Records' doing and not Miles'? (Not a rhetorical question.)
Hello Cliff, Good to hear from you. According to Ira Gitler, who was there, that is close but not exactly what happened regarding credits for "When Lights Are Low." Also, to my knowledge Miles's first version in 1953 never came out on 78 but it did come out as a 45rpm--The US release had no credits but the British one clearly said Carter. But of course Davis had Nothing to do with the labels of any Prestige releases. BOTTOM LINE--please be patient--this will be a long series and I will discuss When Lights as well as Filles in due time (not necessarily in chrono order, but I'll get to everything). THANKS!
My first thought is that this is sloppiness on the part of Prestige, nothing to do with Miles. (That tune was only ever credited to Carter, when the credit was included, on Prestige releases.) But I'll look into it before posting that essay. THANKS!
I didn't say that Miles had anything to do with packaging materials. If Prestige typically slapped Prestige Music credits on items with unsure provenance, why didn't they also do that for "When Lights are Low?" Unless they knew it was by Carter, but if they knew, why didn't they give him a credit? It's all very odd.
Witness Bird's supposed appropriation of "Donna Lee." Miles didn't blame Bird. He blamed Savoy.
Hi Chris--of course that's one of the tunes I'll be discussing. THANKS
Hi Lewis, fantastic insights as always!
Why does Miles take the brunt of these criticisms? I recently heard Jay Leno say in an interview “what do you do in football? You tackle the guy holding the ball.“
I hope this illuminates for readers and musicians alike the complexity of navigating the music industry and how conditions on the ground affect and influence an artist.
Not that I feel Miles needs any of our sympathy, or somebody to apologize for him, but the reason he’s such a compelling figure is that he always has so much wonderful music and artistry to offer us. Your step-by-step insights on the logistics of putting out a record are helpful.
Thanks much Charlie! Yes, in my posts I will be giving many examples of how the music business works--THANKS MUCH
Great comment regarding the guy holding the football. Looking at another artist (or rather, group of artists) perhaps even more reviled for theft, Led Zeppelin, there is no moral or legal doubt that at least 6-8 things they recorded were, in part or in full, taken from other artists verbatim (legal settlements have already been made for these cases). On the internet, in lowest-common-denominator places like comments sections or open forums, they are frequently reduced to a band that stole music and had nothing original to contribute. I'm perfectly willing to condemn them for negligence or even malice in the cases where it took decades for the victims to receive any compensation at all (who knows if they were ever made whole). That said, it's silly to pretend they brought nothing of their own invention to the world of rock music.
I feel the same about Miles. He's neither a demon nor a saint. I think musicians who worked with him truly mean the praise they give to interviewers. I also think they saw and understood his shortcomings as an artist and human being. He could coast artistically, sometimes for years. He could be mercurial in temperament. In these things, he was hardly unique. Still, it's beyond debate that the best of his work is central to the history of jazz.
Thanks Jim, for this balanced appraisal of Miles, and for that interesting example from the rock world. As we proceed in this series I'll give examples where Miles had nothing to do with the incorrect composer credit, and some where he was clearly at fault, as well as situations like "Solar" which are somewhere in between. THANKS
This needed to be said, thank you!
Thanks Karl!
I have dim memories of Bill Evans composing pieces for which Miles is listed as the composer.
No worries--I will address that as well!
I saw Max Roach twice introduce the song Tune Up with a long speech about it was " Written by a blues singer and saxophonist Eddie Cleanhead Vinson" his words, not mine. It's a little murky with "Nem um talvez " and "Selim" from Live-Evil. They are definitely from Hermeto Pascoal. Miles is valiantly trying to play along with the melody with mixed results. No one could ever think it was a Miles tune. Airto and Hermeto were crushed when Miles was listed as the composer and promptly quit the band. Now here I can see the confusion from Columbia's point of view with potential language issues so I'm kind of giving Miles a pass on this one. But put yourself in Hermeto's shoes. You get the gig playing keyboard with Miles Davis replacing Chick Corea and two of your songs come out on an album and Miles is listed as the composer?!?!
Absolutely--I will address ALL of these tunes--be patient please. THANKS!
I can see why so many side people wanted to (and often did) become leaders. More money!
That is definitely part of it, maybe a big part! THANKS DAVID!
And let’s not forget that both compositions on the very first jazz record were subjects in copyright disputes. What a way to begin a new kind of music ~~~
Yes, and very interesting cases indeed!! I might write about them some time. THANKS ANDREW!
Great. And I believe the ODJB One Step issue was not resolved until 1936.
Interesting--I have the court transcripts for Livery Stable but not for that one.
But that little bit may be of help.
When you’re ready to talk about that, which I know is not a priority at this time, let me know. I only have a little bit of information.
Thanks much Andrew--let's talk about this by email--the info you have (which I will of course credit as I always do) could make it possible for me to get that essay ready.
How much of this information is applicable to countries other than U.S.A? And international agreements re: copyrights...
Quite a bit of it is standard outside the USA, and applies to many, but not all countries. THANKS TED
Thanks very much for this. I'm always amused yet annoyed when people assert that Miles stole Nardis from Bill Evans. I've heard or read it several times. But Evans frequently credited Miles as the composer from his own stage. Also, when Evans wanted to protest the incorrect attribution of composer credit, he knew how to do it -- and he did it loudly (e.g. Blue in Green). That never happened with Nardis. Still, Nardis occasionally provides an excuse for some to take a whack at Miles.
For these reasons, Nardis is one of the pieces I will spend some time on. THANKS ALLEN
I'll look forward to a lot more of this!
Thanks Jim!
Great article (I'll wait patiently for the followups!) but as an addendum, I've read that in his will Paul Desmond left his rights to Take Five to the Red Cross which has proven to be quite a windfall over the years!
Hi Nou, that's what some websites say but it's not exactly correct. Luckily his lawyer advised him to keep the rights--if he had assigned them to the Red Cross, which has no experience or staff to administer a music copyright, it would have been more of a burden than a gift. Instead, Paul directed his estate (that is, his lawyer's firm) that every time the royalties total $25,000 or more, they should be donated to the Red Cross. Details are here by Doug Ramsey, who knew Desmond and wrote his bio: https://www.artsjournal.com/rifftides/2011/04/1-desmond-on-take-five-2-a-financial-report.html
Interesting, thanks for the clarification!
Hi Lewis - thanks man! Just great information and explanation. Any idea how Davey Schildkraut got to work with Miles Davis on Solar? Innovative player. Great sound and ideas
Yes, Schildkraut was terrific and never became well known. Not sure how he and Miles connected! THANKS DAVE
Bird said that Davey wouldn’t survive In the music business. Davey went to work for the City of New York. Davey has always intrigued me he was practically outside while being inside
Yes, his style was a little bit "out"—didn't remember that he worked for NYC--THANKS!
This is a good explanation of the breakdown of royalties, except for one thing. If a union contract (AFM) was filed for the recording, the side musicians get a small bonus based on the sale of all records. This goes on for five years. i once guestimated that over 5 years that royalty amounts to about 40% of the original wages. If a musician plays on numerous records, as someone like, say Richard Davis did, these bonuses can be considerable.
Thanks Richard. As an 802 member, I did know about this, but I forgot to mention it. I've added it to the essay, with a thanks to you!
Always interesting and informative Lewis.
Thank You
THANKS DOM!
Phil Schaap told the story many times about Miles Davis changing the bridge on "When Lights are Low" and presenting the tune as his composition to Prestige, and that the label only found out right before the record came out that it was Benny Carter's tune. Taking a look at the original 78 rpm issue, one sees that not only is there no composer listed; no publisher is shown either! (The reverse side has both.) The original EP and 10" issues don't credit Carter either. By the time the track was re-issued on the 12" LP "Blue Haze," Carter got his credit. But the situation with Miles and composers wasn't limited to issues on Prestige. Gil Evans was reported to be upset when he was uncredited on Miles' "Filles de Kilimanjaro" album. Is there evidence that this was Columbia Records' doing and not Miles'? (Not a rhetorical question.)
Hello Cliff, Good to hear from you. According to Ira Gitler, who was there, that is close but not exactly what happened regarding credits for "When Lights Are Low." Also, to my knowledge Miles's first version in 1953 never came out on 78 but it did come out as a 45rpm--The US release had no credits but the British one clearly said Carter. But of course Davis had Nothing to do with the labels of any Prestige releases. BOTTOM LINE--please be patient--this will be a long series and I will discuss When Lights as well as Filles in due time (not necessarily in chrono order, but I'll get to everything). THANKS!
Hi Lewis! There are images of the 78rpm issue of "When Lights are Low" on Discogs (Prestige 902). Only the other side lists a publisher: "Mies Ahead" by Miles (Prestige Music, of course!).. https://www.discogs.com/release/10452745-Miles-Davis-Quartet-When-Lights-Are-Low-Miles-Ahead/image/SW1hZ2U6MjkwNDI3OTg=
So the question remains: why did Prestige issue "When Lights are Low" without publishing info as well as no composer credit?
My first thought is that this is sloppiness on the part of Prestige, nothing to do with Miles. (That tune was only ever credited to Carter, when the credit was included, on Prestige releases.) But I'll look into it before posting that essay. THANKS!
Interesting--if that is from 1955 as listed on Discogs, that is not the original issue--the 45rpm came out in 53: https://www.discogs.com/master/790856-Miles-Davis-Quartet-When-Lights-Are-Low
And again, Miles had absolutely nothing to do with Prestige packaging, labels etc. THANKS!
I didn't say that Miles had anything to do with packaging materials. If Prestige typically slapped Prestige Music credits on items with unsure provenance, why didn't they also do that for "When Lights are Low?" Unless they knew it was by Carter, but if they knew, why didn't they give him a credit? It's all very odd.
Yes, I'll look into it, and report back in a future post of this series if I find anything. THANKS!