
Posted on May 25 2011 11:00 AM
spskins wrote:
Based on thrift store/garage sale prevalence, it seems
like the Surfaris "Wipe Out/Surfer Joe" would be the
top seller.
That is my gut feeling, too, though based on much less hands on experience. Still, even I have a (late) copy I bought somewhere back when LPs were the medium, and I only got Surf Beat recently, as a CD. Of course, the Wipe Out/Surfer Joe LP is the Dot LP, and so, except for those two cuts, this is also really a Challengers (Mark I) effort.
In assessing all of this you have to realize that under Dale Smallin's inexperienced guidence the Surfaris had sold both the composition rights to the two songs (Surfer Joe/Wipe Out) and the rights to the masters of their original recordings of them to Miraleste (Delvy) and Robin Hood Music (John Marascalco). In turn, these two had contracted national distribution rights to Dot and the Canadian and Commonwealth (etc.) distribution rights to Gil. When early reactions to the single were promising and Dot asked for additional cuts to make an LP, the equally inexperienced Delvy, always a go getter who believed that history was what he was writing, jumped on it using his own band.
At what point and to what extent Delvy (and his band) realized this had been a mistake I don't know. The moral issues are clear enough, but I am not entirely clear on the legal issues involved. Certainly using the name the Surfaris must have been one, even though the name was probably not registered in any way, and it was certainly also an issue, maybe the primary legal one at the time, that Dot used a picture of the Surfaris on the cover of the LP and also that this picture included Jim Pash, the saxophonist, who was underage (as were they all), and who was not in any of the songs on the Dot LP, having been absent the day of the recording session. (His dad needed him at the store.)
A clear error, too, at least tactically, was that the Surfaris were not under contract to Dot, Delvy (Princess and Miraleste) or anyone else. When they realized this, they signed with Decca using that name, and I think it was Decca which took steps to secure rights to the name when they quickly discovered those other Surfaris (the Customs aka the Surfaris aka the Original Surfaris) also using it. As far as it can be determined this was a coincidence. Their name change antedated any possible motivation of capitalizing on it.
I don't know if Decca noticed at the time the additional coincidence that the (Original) Surfaris had also recorded (and released) a song called Wipeout, the one that Merrel Fankhauser wrote, a nice song in its own right, but quite a different one.
The Decca action concerning the name Surfatis is sometimes identified as a suit, but it seems to have been settled by arbitration. The court of any suit and the arbitrator are not known and the decision is not in circulation. The essentials were that the Surfaris had rights to the unmodified name on the strength of having had hits under it, but the other band were allowed to call themselves the Original Surfaris because they had been around longer. I don't know if the arbitrator realized that this greater length of existence had been under the names the Vogues and then the Customs and that the relative order in which the two bands assumed the name Surfaris is much less secure. Apparently it was about the same time.
It is also not entirely clear what the absolute and relative chronology were of the Dot request to Delvy for an LP, Delvy's recording of the needed cuts with the Challengers (Mark I), his sending this material to Dot, his request to the Surfaris (Smallin) for the desired material, and the turning in of the Surfaris' material to Delvy. That material was apparently received so shortly before release of the LP that it was immediately obvious to everyone that it could never have been delivered to Dot in time to be used in the release. And, of course, it was obviously not the same material.
The Surfaris did eventually recover partial control of their composition and masters as I understand it. Incidentally, the Surfaris recordings for the Dot LP have never been discovered or recovered and their fate is unkown.
References: Dalley 1996 and a few internet sources, e.g., the dispute arising from the Gil contract is online. The month by month chronology of this is critical to understanding it and I have made a draft tabular version of that to consult.
Last edited: May 25, 2011 11:44:13