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User:Grover cleveland/Twelve days of Christmas copyright

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Austin melody

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  • 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 Old English Song arranged by Louis Victor Saar (1928). The Twelve Days of Christmas. E. C. Schirmer.
    • 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 Fireside Book of Folk Songs. New York: Simon and Schuster. 1947.. "A very old and unusual cumulative carol from England". No mention of Austin. No mention on copyright acknowledgements page.
  • 1948 Chase, Richard (1948). Grandfather Tales. Boston, MA: Houghton Mifflin. pp. 176–178.. 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) Shahn, Ben (1951) [1949]. A Partridge in a Pear Tree. New York: Museum of Modern Art.. "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: Simon, Henry W. (1955). A Treasury of Christmas Songs and Carols. Boston: Houghton Mifflin. pp. 30–33.. 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: Music for Living Around the World: Volume 6. Morristown, NJ: Silver Burdett Co. 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: Schaum, John W. (1959). Sing-Along, Play-Along: Christmas Songs and Tunes. Milwaukee, WI: Schaum Publications, Inc. pp. 11–13.
    • "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: Irving Wolfe (1959) [1956]. Music Through the Year. Chicago: Follett. p. 70.. 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.
    • Poston, Elizabeth (November 1960). "Christmas Carols and Masques". The Musical Times. 101 (1413). Musical Times Publications Ltd: 719–20. doi:10.2307/950669. JSTOR 950669.
      • 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
  • Routley, Erik (1961). University Carol Book. Brighton: H. Freeman & Co..
    • 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?
  • Rutter, John (1967). Eight Christmas Carols: Set 2. p. 15.
    • Melody for "Five gold rings" added by Frederic Austin, and reproduced by permission of Novello & Co. Ltd. [no date]
  • New Oxford Book of Carols. 1992. p. xxxiii.
    • 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.


Rimbault Tune

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  • Percy Dearmer; Martin Shaw (1915). Song Time. London: Curwen. pp. 86–87. OCLC 19895479. (words + music "traditional").

Unknown

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THEORY

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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

Recordings

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See

Table

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Date of

first publication

Musicians Catalog no

(first publication)

Source(s) Audio Comments
1922-12 Frank Mullings (tenor), piano Columbia D1446

B-side of "The Pretty Creature"

Newspaper article. For sale
1924-06 Stewart Gardner (baritone), piano Aeolilan ACO G15431

B-side of "She is Far From the Land"

Gramophone Newspaper
1946-07 Nelson Eddy (baritone), Robert Armbruster and his Orchestra V-Disc 651

A-side with "God Rest Ye, Merry Gentlemen" etc.

Discogs.com 45worlds.com Archive.org YouTube Baritone soloist with lush orchestration of Austin piano acc. Text = Austin. Follows Austin exactly. Even includes the flourish on "five gold rings" in the final verse.

As with most V-Discs, includes a spoken introduction.

1946-12 Tom Glazer (vocals, guitar) Keynote K-131

Album "Olden Ballads" consisting of 3 10" discs

The New Records (Dec 1946) American Record Guide (Dec 1946) YouTube Simple performance in a folk style. "Gave to me". "Golden rings". Omits some of the repetitions (perhaps to fit on the record??)
1948-10 Fred Waring (cond.), "and His Pennsylvanians" (glee club, soloists, orch, choir), Eric Siday (arr.) Decca 24500

with "White Christmas"

Article Discogs.com YouTube Orchestral arr. with multiple soloists (different soloist for each day?). Male soloists for 6+; Text differs from Austin: "gave to me"; "4 mocking birds"; "5 golden rings" (3 time); massive slowdown on "7 swans a swimming"; "9 ladies waiting"; "10 lords a leaping"; "11 pipers piping" (tutti men); "12 drummers drumming" (tutti with big rall). General tempo is very rapid.
1949-11 Bing Crosby (vocals), Andrews Sisters (vocals, arr.), Vic Schoen (conductor, arr.), orchestra. from Album "Christmas Greetings"

Decca DL-5020 (6 78s), A-715 (LP)

Billboard (p. 38), Discogs.com YouTube Beautiful, whimsical, orchestral arrangement. Alternates male / female on each verse. Austin text.
1950-10 Ames Brothers (vocals), orchestra with "Wassail Song"

Coral 60267

Billboard. Discogs.com YouTube Male vocal quartet with gentle orchestral accompaniment -- quite similar to the the Crosby recording / arrangement. Austin text.
1950-12 George Thalben-Ball (cond., "additional harmonies"), The Templars (choir) HMV B9995

with "See amid the Winter's Snow", "O Little Town of Bethlehem"

Gramophone Dicogs.com
1950-12 Tom Glazer (vocals, guitar?), (orch.) YPR 225

With "Little Bitty Baby"

Billboard, Discogs.com YouTube Simple recording for children with a light woodwind arrangement. Slightly more elaborate than Glazer's previous 1946 recording. "gave to me". Speeds up in the long repetitions.


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