Before it was possible to record sound in an audio format, say around the nineteenth century in America, what was the thinking on music ownership? Could I be sued for stealing a musician’s bar act, or was everything fair game?
Before ASCAP, the only thing copyrighted about music was the actual sheet music. Someone could listen to your song and perform it and wouldn’t owe you a thing. This is one reason why every composer of popular music prior to ASCAP died penniless.
ASCAP started up to pay composers for the performance rights of their songs at about the time recordings were developed. It was a major battle that benefitted composers and listeners.
When records started, I’m not sure if copyright law covered them, at first, but eventually they were covered. Copies were not much of a problem – they were difficult to do, so it was just as easy to get someone else to record a popular song and sell that. Eventually, ASCAP got payments to the composers from the records.
When radio was invented, ASCAP worked to get payments to the composers for radio airplay. Around 1940, BMI began to do the same thing.
That’s amazing to think about. Are there any books written on this subject?
Okay, when did the modern concept of the popular band with a discreet following come to exist? Did it exist before audio recordings, or would that not really be possible? Would it be possible for somebody in 1750 to have a favorite “band”?
Were there any “concerts” for popular music just for the sake of listening to that music like there are today, or was popular music just something to accompany stuff like minstrel shows?
I can’t recommend any particular book, but look for a good history of popular music.
As far as popular bands – John Philip Sousa had one starting in 1892, and there were probably bands and solo musicians that were successful before him.
Jenny Lind was a massive popular success in 1850 as a soloist, and sang things like arias from Rossini, who was, in his way, a popular composer of the time. It looks like she also sang popular songs of her day.
In the 1800s, there were also lesser known musical acts who would sing both classical and popular songs. Minstrel troupes were popular, though they were more of a variety show – songs and comedy. In addition, most towns had their own amateur bands. People would buy the sheet music and play the songs in their homes instead until the phonograph and radio were invented.