Moondog Vs. Moondog

You all know the name Allan Freed. You know his rise and his fall and about the payola scandal and the whole sordid story.  You might even know that he sometimes referred to himself as "moondog" or "the moondog" and to his listeners as "moondoggers."  His show was "The Moondog House" the "Moondog Houseparty" or even "the Moondog Rock and Roll Party." The Moondog thing began around July of 1951 while he was still in Cleveland on 850 WJW-AM.

The problem began in 1954 when he got hired by 1010 WINS-AM. Actually he did a concert in Newark, NJ in advance of his move win WINS, "The Moondog Coronation Ball." But in New York City the name Moondog was already in use by Louis T. Hardin, a blind eccentric street musician who dressed like a viking. Hardin was no crazy hobo. He attended the Memphis Conservatory of Music. Hardin was a professional musician who'd already done work with film scores. He picketed WINS, Freed sued to scare him off. It didn't work. Hardin filed his own claim to defend his brand name. It was ugly.  Even Igor Stravinsky came to his defense. (You can read the documentation here.)  In his complaint he stated that Freed was inspired by an instrumental recording named the "Moondog Symphony" that he had written. This may seem apocryphal but Freed all but cops to it in the court transcript. I had initially assumed this to be untrue sine Hardin had only recorded four sides on 78 rpm by the suit in 1954. [more here] How WJW got copies I can't venture to guess.

Freed contended that his on-air name was "Moondog House" and that WJW actually had the rights to the term. He further claimed that his show was the Alan Freed show. Even more interesting is that WJW in getting the rights to the name "Moondog" used them to enjoin Freed from using the name when he left. But that was all in Cleveland. Hardin had been using the name Moondog since 1947 in New York. Despite the archaic definition of moondog (a synonym for moonbow) Hardin actually just took the name from a howling dog.

Freed lost. He was enjoined from using the name Moondog and had to pay damages to Hardin. He re-named his show during the trial to"The Alan Freed Rock and Roll Party." Moodog continued to dress like a viking, and to write and record eccentric music of no popular consequence. Freed's answers to some money questions in deposition would come back to haunt him later. Moondog ended up out living Freed by 34 years, but Freeds's fame appears to be outliving them both.

Booze, Broads and Bribes

It's sort of a chicken and the egg scenario. Did payola exist before it was illegal? Well, wasn't always illegal, but even after it was, most people didn't care or at least they acted like they didn't. It is still quite common as you might guess. I actually can put a date to the appearance of payola on the American consciousness: November of 1959. It was a hard year: Buddy Holly and the Big Bopper died, Castro took Havana, and the perception of radio changed forever.

It's a simple cause and effect sequence of events. Lets' do this in chronological order. On Memorial day weekend May 28th - 31st was the second Annual Todd Storz' Disc Jockey Convention. It was held at the Americana Hotel in Miami. This was located at the oceanfront on 97th Street, Bal Harbour, Miami Beach.  Their promotional literature of the day described itself thus

"...the magnificent Americana features the award-winning cuisine of the Gaucho Steak House, Dominion Coffee House, Bal Masque Supper Club and Carioca Lounge. An outdoor pool and all-weather enclosed pool are part of the delightful cabana and garden area..."

It was designed by the flamboyant Morris Lapidus, a neo-baroque Miami architect who defined a number of other modern hotels that defined the 1950s 'Miami Beach' resort hotel style.  The Americana was to Miami what the Sands was to Las Vegas. (It was demolished in 2007.) Needless to say... this conference was really a big blow out. About fifty record labels contributed funding  lascivious four-day party in Miami.  I don't have dollar amounts, but they were probably unspeakable.  The book Something In the Air by Marc Fisher described it in gory detail:

"...Todd Storz hosted the biggest, most raucous convention of deejays staged to date.  the Americana Hotel in Miami Beach was the setting for a bacchanalia for twenty-five hundred deejays, with free bottles of liquor and prostitutes on call all week long.  In one eight-hour party at the Americana featuring the Count Basie Orchestra, two thousand bottles of bourbon were consumed. Hired women were instructed to make themselves available to any deejay..."

The description sounds colored perhaps, or exaggerated. It's not. Fisher cites his source: the testimony of Edward Eicher, convention manager at the Americana Hotel before the U.S. House of Representatives. Almost every informed source describes it as an orgy of drugs, whores and booze. In Voice Over. The Making of Black Radio William Barlow described it similarly:

"...besides the around-the-clock receptions, parties, concerts and gambling junkets to nearby Havana, the convention featured one of the largest contingents of hookers ever assembled in a Miami Beach hotel. (The prostitutes were recruited from as far away as New York City.) Although the record companies spent an estimated $250,000 on this spectacle, and their top executives were in attendance, it was the DJs who were pilloried in the press."

Eight months passed between the investigation and the hearings. For radio it was eight brutal months in which every other media platform beat the tar out of them. It was a full-on media flogging. Payola was the vocab word of the day every damn day.When WABC fired Freed on November 20th the flood gates opened:

June 08 - Time Magazine: P is For Payola
Nov. 16 - Billboard: Clearing The Air 
Nov. 23 - Life Magazine: Gimmie, Gimmie, Gimmie,On the Old Payola
Nov. 25 - Miami Herald: Booze, Broads, Bribes 
Dec. 04 - Billboard ...Payola Scandal
Dec. 05 - The Nation: Payola, Sing A Song For Sixpence
Dec. 07 - Life Magazine: Payola Axes 'King' Freed
Dec. 14 - Billboard: Thorn In Industry Side
Dec. 17 -  Jet: Music Experts Predict Death of Rock 'N' Roll
Jan. 01 -U.S. News & World Report: Payola- An Inside Story
Jan. 18 - Billboard: Slugfest at FCC Hearings
Jan. 21 - Jet: Disc Firms Pay me $855 Monthly  
Jan. 25 - Billboard: Payola Crackdown

On February 8th 1960 the House Special Subcommittee on Legislative Oversight began it's investigation.  it was chaired by Oren Harris [D] of Arkansas. But while the crimes were real, the investigation was a sham. The big star witness was Norman Prescott of WBZ-AM. The feds confronted him with canceled checks from record distributors and blackmailed him into testifying.From there it was a slaughter eventually leading to the inevitable recriminations, criminalization and frequent investigations of today.

It went on for a year.By June of 1959 Billboard was publicly questioning whether there should be a 3rd Annual Todd Storz' Disc Jockey Convention. The first convention had been in Kansas City in 1958. Mitch Miller used it as a forum to harangue rock programmers and to blame rock n' roll music for the vagaries of youth. He got a standing ovation.  In some deranged way the 2nd convention was used to "prove" his point. some stations dropped their tainted DJs and flipped formats. In the end Todd Storz walked. He got off scot-free. His stations being Top-40 were purported to be immune from the influence of payola as they did not debut records. He used the corrupt commerce at his own convention as a marketing gimmick for his own Top-40 Format. It was bunk of course.

Many stations held on to rock n' roll.  Some even fired back at TV and print media. WSAI-AM in Cincinnati took their local paper to task with a series of "Newspaper Critiques." Print had been soft balling and/or quietly promoting their advertisers products. the CBS Network got in on it and they not-so-gently reminded their friends in print that hypocrisy is even less appealing than bribery. In the end they had already taken down Freed, and dozens of other DJs.. for some reason they didn't want Storz or Dick Clark or anyone else. Justice was ultimately as indiscriminate as it was symbolic.

A tale of two DJS

In the mid fifties there were two very mighty DJs. Thsi was a world long before MTV or VJs and as entertainers went... without being a rockstar they were as big as big got.

I'm talking about Dick Clark and Alan Freed.

I mentioned Mr. Moondong himself in my poston the Sony Paola scandal and later thought I was unfair. I threw his name out ther ewithout any backstory at all. Most of us are vaguely aware of the story, vaguely aware that hew was bribed. Nobody sems to know by whom, for what record or for how much.... So let me put it in prespective.

This was an era where there were no Federal payola laws. NONE. So these were violations only of state law. A lot of equity trading law, and related contract law has changed since then too so please, really listen to this one.

In 1957 Alan Freed got a show on WABC-AM new york. He'd come over from WINS-AM and had to for legal reasons related to a vagrant musician had to change his DJ name and his show name. Never mind that his PIA would forbid this today but just know that he was at WABC at this point, his new show was "Big Beat" and that Dick Clark by all reports hated his guts.

So Alan takes a bribe, and then a couple more. Later on he would he would put the tally in court documents at about $30,650 from seven record labels. Just previousto this WABC asked all staff to sign contracts stating that they had never taken bribes and never would. Alan refused. It made him a target and it was a poor choice. But it might have been unavoidable. The State of New York fined him $300.
Regardless. He was out at WABC after the arrest came down. He moved to KDAY in Los Angeles. Three years later he was busted again for taking $2,700 in payola from Sun records among others. The bust sent him to WQAM in Miami... and onward.

Dick Clark was running American Bandstand at this point. He signed the contract. Dick claimed to have never taken payola. Tuth told, he probably hadn't. Instead he held stock in 33 music companies. In court he admitted that these "investments" were making him $500,000 a year. On his show he frequenty played songs by bands wherein he held label intrest or publishing monies.

For example. He owned a peice of Duane Eddy. So Duane got played more than say... The Beatles. This went on until WABC pressured him to divest the "questionable conflicts." Dick didnt exactly take payola since he would only have to bribe himself.

TOTALS:
Alan Freed: under $35,000
Dick Clark: over $10,000,000 (probably more)

But Dick played the game and American rascist politics was pretty mad at Alan for refusing to play the lame-ass WHITE VERSIONS of black R&B hits. Dick Played Pat Boone versions. Alan played the original singles when they orignially came out. He was spinning cuts by by Joe Turner, Little Richard and Fats Domino. Thats why there were congressional hearings. It was not about the damn 30 grand.

BUSTED FOR PAYOLA

I try to avoid current events, but this really got me going (since I am an ex-promo man myself). The way the gears have turned in the record industry hasn't changed in half a century. This most recent Sony scandal isnt going to change a thing. There will be a few new sacrifical lambs.Alan Freed was driven out of the buisness. Sony will probably make a charitable contribution. The Radio staitons will probably get a tersely worded warning.

If you hadn't heard... Sony got busted for Payola.
Below are quotes from emails naming radio stations they bribed for airplay.
I quote some great lines below. but the full text from Spitzer is here:
http://www.oag.state.ny.us/press/2005/jul/payola2.pdf

In discussing a bribe given to a radio programmer in Buffalo, one promotion executive at Sony BMG's Epic Records wrote to a colleague at Epic: "Two weeks ago, it cost us over 4000.00 to get Franz [Ferdinand] on WKSE. That is what the four trips to Miami and hotel cost . . . At the end of the day, [David] Universal added GC [Good Charlotte] and Gretchen Wilson and hit Alex up for another grand and they settled for $750.00. So almost $5000.00 in two weeks for overnight airplay. He told me that Tommy really wanted him to do it so he cut the deal."

Another Epic employee who was trying to promote the group Audioslave to a Clear Channel programmer asked in an email: "WHAT DO I HAVE TO DO TO GET AUDIOSLAVE ON WKSS THIS WEEK?!!? Whatever you can dream up, I can make it happen."

A promotion employee unhappy with the times assigned for spins of the song "I Drove All Night" by Celine Dion wrote this internal email: "OK, HERE IT IS IN BLACK AND WHITE AND IT'S SERIOUS: IF A RADIO STATION GOT A FLYAWAY TO A CELINE [DION] SHOW IN LAS VEGAS FOR THE ADD, AND THEY'RE PLAYING THE SONG ALL IN OVERNIGHTS, THEY ARE NOT GETTING THE FLYAWAY. PLEASE FIX THE OVERNIGHT ROTATIONS IMMEDIATELY."