Meet the first music bootlegger
DJ Spooky once called Lionel Mapleson "one of America's first bootleggers" of music, but that's something of a misnomer.
First off, Mapleson was riffing tracks from his employer, the New York Metropolitan Opera, in an official role as the opera's librarian. (It'd be like Suge Knight stealing from Dr. Dre. … which, let's admit it, probably happened.) Second, he technically wasn't doing anything illegal at the time—because at the time, copyright law didn't cover recordings at all.
And while it eventually did, Mapleson quit while he was ahead—stopping his recording efforts around 1904. The Copyright Act of 1909 came around five years later.
Mapleson was putting music to wax in the most literal way possible: He was making wax cylinders of portions of operas, using a machine handmade by Italian audiophile Gianni Bettini. His recordings came at a time when audio recordings were a brand new phenomenon. The rules hadn't been written yet.
But they were about to be—because player pianos were making the whole sound-can't-be-copyrighted thing a problem. When the Supreme Court decided in the 1908 case White-Smith Music Publishing Co. v. Apollo Co. that mechanical reproductions of sound recordings—both those by folks like Mapleson and player-piano recordings—couldn't be copyrighted, it directly led to the Copyright Act of 1909, which created the chain of events we know today.
Thanks to player pianos, we have bootlegs.
Five notable moments in bootlegging history
- If the first example of bootlegged music sounds crazy, what does that make the possibility that Shakespeare's own sonnets were published in a bootleg format? The 2009 book So Long as Men Can Breathe: The Untold Story of Shakespeare's Sonnets suggests that one of Shakespeare's greatest works was never actually meant to see the light of day.
- The 1950 film musical Annie Get Your Gun was famous for its troubled production—including the departure of its main star, Judy Garland, who was fired about a month into filming and replaced with Betty Hutton. However, she had already recorded an album's worth of songs. Those songs showed up in a series of bootleg releases, the first of which appeared in the 1960s.
- In the late 1960s, a bootleg "record label" sprang up around the Los Angeles area, and the records they were throwing out were pretty crazy. The label, Trade Mark of Quality, first made its mark with what's widely believed to be the first widely bootlegged recording, Bob Dylan's Great White Wonder. The release became so well-known that Dylan had to release his own version, 1975's The Basement Tapes.
- Album leaks are pretty common in the digital age, but the first album leak of this nature is surprising simply because of how early in the game it was. The 1993 Depeche Mode album Songs of Faith and Devotion showed up online somehow, despite the leak literally predating the MP3 format—and also ensuring the file sizes were likely massive.
- In 1994, a Famicom game that was likely produced in Asia called Somari took the two most popular video game mascots of the era—Mario and Sonic—and combined their key elements into a single game. In other words, it's a Sonic game starring Mario.
That time Brian Wilson rapped for his therapist
Most people familiar with Brian Wilson's descent into mental illness and drug addiction got their basic details from the classic 1991 Barenaked Ladies song "Brian Wilson."
BNL's early hit, which is arguably as classic as many Beach Boys hits, was a catchy number that offers a knowing but appreciative look at a man who inspired some of the best, most ambitious pop music ever put to tape—but by 1992 had become shorthand for mental illness. But the tune only really scratches the surface of the tale.
To give you an idea of how bad things had gotten, you have to get your hands on a copy of Sweet Insanity, the recording Wilson made with Eugene Landy. Now, Landy was his therapist, but like a Marvin Gaye song that was lifted by Robin Thicke, the lines were blurred, and eventually Landy became his business manager, started producing his records, and even held control over a Wilson autobiography that was largely plagiarized from other biographies.
Landy got so close to his primary patient that he was eventually stripped of his medical license and was slapped with a restraining order.
Anyway, back to Sweet Insanity. This album was rejected by Wilson's label, Sire Records, in 1990. Part of the reason for that might be the tune "Smart Girls," in which Brian Wilson raps.
When we say Brian Wilson raps, we don't mean like Ed Robertson of the Barenaked Ladies dropped goofy rhymes in "One Week." We mean he raps like you would imagine a guy 49-year-old man might if his life was being controlled by a sketchy therapist. It samples some Beach Boy songs, poorly, and includes unfortunate/sexist lyrics like this:
All the songs I used to write
Talked about girls who weren't too bright
Round round get around I got around
What I was lookin' for I never found
As time goes on I've seen the light
Intelligent chicks are dynamite
The album was, of course, later bootlegged, and Wilson has gone on to create much better albums since. But it's evidence that perhaps some bootlegs are meant to stay forgotten.
Apologies to Deadheads, but there's a band that's even better at winning the bootleg game than Garcia and company were. Fifteen years ago, the grunge band Pearl Jam decided to release official bootlegs of all of its live shows on its most recent tour. The goal was to ensure the quality of what fans were getting—while preventing ripoffs in the process.
Over a six-month period, the band released 72 (!) separate live albums, one for every shop on the tour. At the time, Pearl Jam's studio albums were flagging sales-wise, but the band's ability to turn fan club efforts into commercial success was solid: Earlier that year, the band's live recording of "Last Kiss" became the biggest hit of its career. It was a brilliant, effective strategy.
If you can't beat the bootleggers, make them redundant by giving them what they want.