Bernard Stollman (July 19, 1929 – April 19, 2015) was an American lawyer and the founder of the ESP-Disk
record label
"Big Three" music labels
A record label or record company is a brand or trademark of Sound recording and reproduction, music recordings and music videos, or the company that owns it. Sometimes, a record label is also a Music publisher, ...
.
Biography
He was born to a
Jewish
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
family in
New Brunswick, New Jersey
New Brunswick is a city (New Jersey), city in and the county seat of Middlesex County, New Jersey, Middlesex County, in the U.S. state of New Jersey.Plattsburgh, upstate
New York
New York most commonly refers to:
* New York (state), a state in the northeastern United States
* New York City, the most populous city in the United States, located in the state of New York
New York may also refer to:
Places United Kingdom
* ...
, where his parents owned a chain of women's wear stores. When he was 16, his family moved to
Forest Hills, Queens
Forest Hills is a neighborhood in the central portion of the borough of Queens in New York City. It is adjacent to Corona to the north, Rego Park and Glendale to the west, Forest Park to the south, Kew Gardens to the southeast and Flushing ...
, and he later attended
Columbia University
Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
and
Columbia Law School
Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City.
The school was founded in 1858 as the Columbia College Law School. The un ...
. In 1960, he started work as an unpaid intern for a law firm working on the estates of
Charlie Parker
Charles Parker Jr. (August 29, 1920 – March 12, 1955), nicknamed "Bird" or "Yardbird", was an American jazz Saxophone, saxophonist, bandleader, and composer. Parker was a highly influential soloist and leading figure in the development of beb ...
and
Billie Holiday
Billie Holiday (born Eleanora Fagan; April 7, 1915 – July 17, 1959) was an American jazz and swing music singer. Nicknamed "Lady Day" by her friend and music partner, Lester Young, Holiday made significant contributions to jazz music and pop ...
. Over the next few years he developed a love of
jazz
Jazz is a music genre that originated in the African-American communities of New Orleans, Louisiana, in the late 19th and early 20th centuries. Its roots are in blues, ragtime, European harmony, African rhythmic rituals, spirituals, h ...
Folkways Records
Folkways Records was a record label founded by Moses Asch that documented folk, world, and children's music. It was acquired by the Smithsonian Institution in 1987 and is now part of Smithsonian Folkways.
History
The Folkways Records & Service ...
, and began advising jazz and
rhythm and blues
Rhythm and blues, frequently abbreviated as R&B or R'n'B, is a genre of popular music that originated within African American communities in the 1940s. The term was originally used by record companies to describe recordings marketed predomina ...
Esperanto
Esperanto (, ) is the world's most widely spoken Constructed language, constructed international auxiliary language. Created by L. L. Zamenhof in 1887 to be 'the International Language' (), it is intended to be a universal second language for ...
, and made a recording of poetry and songs, ''Ni Kantu en Esperanto'', to promote the language, releasing it on his own label which he called ESP-Disk. Michael James McGonigal, ''Ni Kantu en Esperanto: the Story of ESP'', emusic.com /ref> After receiving funding from his parents, he decided to establish the record label as a serious venture, to promote non-commercial and experimental music which would not otherwise be heard. In 1963, he approached
free jazz
Free jazz, or free form in the early to mid-1970s, is a style of avant-garde jazz or an experimental approach to jazz improvisation that developed in the late 1950s and early 1960s, when musicians attempted to change or break down jazz conventi ...
pioneer
Albert Ayler
Albert Ayler (; July 13, 1936 – November 25, 1970) was an American avant-garde jazz saxophonist and composer.
After early experience playing rhythm and blues and bebop, Ayler began recording music during the free jazz era of the 1960s. Ho ...
in a
Harlem
Harlem is a neighborhood in Upper Manhattan, New York City. It is bounded roughly by the Hudson River on the west; the Harlem River and 155th Street on the north; Fifth Avenue on the east; and Central Park North on the south. The greater ...
club, and offered to record an album with him. The album, ''
Spiritual Unity
''Spiritual Unity'' is a studio album by American free jazz saxophonist Albert Ayler. It was recorded on July 10, 1964 in New York City, and features bassist Gary Peacock and drummer Sunny Murray. It was the first album recorded for Bernard Sto ...
'', became ESP's second release. Thereafter, he recorded such jazz musicians as
Sun Ra
Le Sony'r Ra (born Herman Poole Blount, May 22, 1914 – May 30, 1993), better known as Sun Ra, was an American jazz composer, bandleader, piano and synthesizer player, and poet known for his experimental music, "cosmic" philosophy, prolific ou ...
,
Pharoah Sanders
Pharoah Sanders (born Ferrell Lee Sanders; October 13, 1940 – September 24, 2022) was an American jazz saxophonist. Known for his overblowing, harmonic, and multiphonic techniques on the saxophone, as well as his use of "sheets of sound", San ...
,
Ornette Coleman
Randolph Denard Ornette Coleman (March 9, 1930 – June 11, 2015) was an American jazz saxophonist, trumpeter, violinist, and composer. He is best known as a principal founder of the free jazz genre, a term derived from his 1960 album '' Free Ja ...
,
Paul Bley
Paul Bley, Order of Canada, CM (November 10, 1932 – January 3, 2016) was a Canadian jazz pianist known for his contributions to the free jazz movement of the 1960s as well as his innovations and influence on trio playing and his early live per ...
and
Gato Barbieri
Leandro "Gato" Barbieri (November 28, 1932 – April 2, 2016) was an Argentine jazz tenor saxophonist who rose to fame during the free jazz movement in the 1960s and is known for his Latin jazz recordings of the 1970s. His nickname, Gato, is Spa ...
. He also recorded writers including
William Burroughs
William Seward Burroughs II (; February 5, 1914 – August 2, 1997) was an American writer and visual artist. He is widely considered a primary figure of the Beat Generation and a major postmodern author who influenced popular culture and ...
and
Timothy Leary
Timothy Francis Leary (October 22, 1920 – May 31, 1996) was an American psychologist and author known for his strong advocacy of psychedelic drugs. Evaluations of Leary are polarized, ranging from "bold oracle" to "publicity hound". Accordin ...
, and underground folk and rock acts including
The Fugs
The Fugs are an American rock band formed in New York City in late 1964, by the poets Ed Sanders and Tuli Kupferberg, with Ken Weaver (musician), Ken Weaver on drums. Soon afterward, they were joined by Peter Stampfel and Steve Weber of the Holy ...
The Holy Modal Rounders
The Holy Modal Rounders was an American folk music group, originally the duo of Peter Stampfel and Steve Weber, who formed in 1963 on the Lower East Side of New York City. Although they achieved only limited commercial and critical success in ...
.
Stollman faced allegations of not paying
royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or ...
Tom Rapp
Thomas Dale Rapp (March 8, 1947 – February 11, 2018) was an American singer and songwriter who led Pearls Before Swine (band), Pearls Before Swine, an influential psychedelic music, psychedelic folk rock group of the late 1960s and early 1970s ...
of the band Pearls Before Swine claimed that: "We never got any money from ESP. Never, not even like a hundred dollars or something. My real sense is that he tollmanwas abducted by aliens, and when he was probed it erased his memory of where all the money was".Peter Stampfel of the band Holy Modal Rounders and
The Fugs
The Fugs are an American rock band formed in New York City in late 1964, by the poets Ed Sanders and Tuli Kupferberg, with Ken Weaver (musician), Ken Weaver on drums. Soon afterward, they were joined by Peter Stampfel and Steve Weber of the Holy ...
claimed that Stollman told him that "the contract says that all rights belong to me. You have no royalties ever, ever, ever. The publishing is mine. You don’t own the songs anymore. We don’t owe you anything". Members of
The Fugs
The Fugs are an American rock band formed in New York City in late 1964, by the poets Ed Sanders and Tuli Kupferberg, with Ken Weaver (musician), Ken Weaver on drums. Soon afterward, they were joined by Peter Stampfel and Steve Weber of the Holy ...
have also stated claims that they received an unfavourable record contract. Ed Sanders said that "our royalty rate was less than 3%, one of the lower percentages in the history of western civilization". 801 Magazine, which featured an interview with Stollman in 2008, said that Stollman claimed that "he paid all the recording costs and gave the musicians small advances", and that "he never made any money from the music".
For an extended period Stollman pretended to represent the
Sun Ra
Le Sony'r Ra (born Herman Poole Blount, May 22, 1914 – May 30, 1993), better known as Sun Ra, was an American jazz composer, bandleader, piano and synthesizer player, and poet known for his experimental music, "cosmic" philosophy, prolific ou ...
estate. Irwin Chusid, who has served since 2013 as administrator of Sun Ra LLC (encompassing the lawful heirs of Sun Ra), said in a 2017 interview: "I found the man crazy, creepy, and vulturous. He tried for years to get the Ra heirs to allow him to represent the estate, but they rejected him each time. So in 2001 he drafted ... bogus document ndmanaged to convince a number of foreign sub-publishers, record labels, and performing rights organizations that he was the legit administrator. He pocketed all foreign and some domestic revenue for 13 years."
On the positive side, Stollman had artists sign a two-page contract for only one record, so that they could consider offers from larger labels if the album proved successful; and he gave them joint ownership with ESP, allowing for an equal partnership in contrast to the standard arrangement where a label has sole ownership of an album. It set, he claimed, “a new standard for the treatment of artists.”
ESP album sleeves contained the message ''"The artists alone decide what you hear on their ESP Disk"''. Although many of his label's releases were critically acclaimed, most did not sell well, and by the early 1970s his funds had been exhausted. Stollman married, moved to live on a farm in the
Catskill Mountains
The Catskill Mountains, also known as the Catskills, are a physiographic province and subrange of the larger Appalachian Mountains, located in southeastern New York. As a cultural and geographic region, the Catskills are generally defined a ...
, worked as a lawyer, and closed ESP-Disk in 1974. In the 1980s, he worked as an assistant
New York Attorney General
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...
, retiring in 1991. In 2005, he re-activated the ESP label, to reissue old recordings as well as making new recordings. He died of complications from prostate cancer in 2015.