Mahalia Jackson's fight for copyright
The fight against exploitation and the escape from Apollo Records
The battle for copyrights and fair royalty payments was a defining and controversial element in Mahalia Jackson's career. Her determination to protect her intellectual property and earnings—rooted in historical experiences of exploitation—came to a head in her conflicts with Apollo Records. These disputes ultimately led to her sensational move to Columbia Records.
Historical determination and cash payment
Mahalia Jackson's general business practices were marked by a deep mistrust of the music industry, which had historically exploited black artists.
Business acumen
Influenced by her uncle Porter's stories about financial fraud against former slaves, Jackson always demanded her fee or earnings in cash and before the end of the concert throughout her career.
Protection against fraud
This strict cash payment policy protected her from unscrupulous promoters and check problems, and meant that she often carried large amounts of cash with her (e.g., $15,000 in her bra).
The central royalty dispute at Apollo Records
From 1946 to 1954, Mahalia Jackson was with Apollo Records, where she enjoyed phenomenal success with hits such as "Move On Up a Little Higher" (over 1.5 million units sold). Despite these successes, the conflict over finances escalated.
Allegations of underpayment
In early 1952, her relationship with Apollo boss Bess Berman broke down. Mahalia was deeply dissatisfied with her royalty payments and accused the label of depriving her of her fair share of the enormous record revenues.
Accusation of plantation closure
The dispute escalated in May 1953 when Mahalia Jackson walked out of a recording session in protest and accused Bess Berman of having a "plantation mentality" toward African Americans—a clear reference to the historical roots of exploitation that justified her business caution.
Refusal to allow an audit
Mahalia's attempt to obtain an audit of Apollo's accounts failed due to resistance from Berman. Although Mahalia Jackson made the allegations, she apparently lacked the resources or courage to pursue a lengthy court case.
Systematic copyright infringement by Bess Music
The far more serious conflict revolved around Apollo's systematic attempt to circumvent royalty payments by falsely attributing copyrights—a common but unethical practice among independent labels.
Founding of Bess Music
Apollo gründete Anfang 1952 die Verlagssparte Bess Music, um Urheberrechte zu halten und so die gesetzliche Verpflichtung zur Tantiemenzahlung an externe Autoren zu umgehen.
Illegal misattribution
Bess Berman illegally claimed copyrights to numerous songs and falsely credited Jackson as the songwriter of at least 27 titles, which were registered as the property of Bess Music.
Affected artists and works
The vast majority of these songs came from identifiable Black gospel songwriters (such as Lucie Campbell and Thomas A. Dorsey). Berman even registered copyrights for well-known, public domain works such as "Amazing Grace" in order to gain financial control.
The Dorsey lawsuit and the showdown
The opportunistic control of copyrighted songs led to a legal dispute that proved fatal for Apollo.
Copyright infringement
When Mahalia Jackson recorded "Consider Me" (Dorsey's "Consideration") in 1953 and Berman claimed copyright for Bess Music, songwriter Thomas A. Dorsey (represented by Hill and Range Songs) filed a copyright infringement lawsuit against Apollo.
Class action lawsuit and Mahalia Jackson's testimony
In April 1955, this culminated in a class action lawsuit against Berman and Bess Music, involving a total of eighteen songs that had been used unlawfully. Hill and Range claimed to have a signed statement from Mahalia Jackson denying her authorship of the song "What Then"—crucial evidence that bolstered Jackson's fight against misattribution.
Further cases
Blues singer Alberta Hunter also sued Apollo for unauthorized use of her song, which led to an out-of-court settlement and retroactive payment of royalties.
The forced move to Columbia Records
The royalty and copyright disputes were a major factor in Mahalia Jackson's decision to leave Apollo.
Columbia's offering
When Jackson's contract expired in 1954, Mitch Miller of Columbia Records took advantage of her dissatisfaction and offered Mahalia a contract with a guaranteed income and an attractive multimedia package (radio show).
The buyout
Apollo (Bess Berman) attempted to prevent the transfer by claiming to have exercised the option on Jackson's contract. The dispute was finally settled in September 1954 through a negotiated buyout. Apollo received a cash settlement of $5,220. Ironically, Mahalia Jackson had to indirectly repay two-thirds ($3,480) of this settlement through deductions from her future royalty advances at Columbia, highlighting the financial hurdles she had to overcome in taking control of her career.
© Thilo Plaesser