Robert Johnson photos

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This photo is probably one of the most recognized photos of an original bluesman. Even people who don't know much about the blues know this photo.




“King of the Delta Blues” (Robert Johnson)



Robert Johnson Studio portrait
Here's a better version of it.

WSJ.com - Blues Rift: Snapshots Of a Music Legend Lead to Tug of War:
n about 1935, Mississippi bluesman Robert Johnson mounted a stool at Memphis's Hooks Brothers Photography studio, picked up his Gibson L-1 guitar, tipped his fedora and gazed into a camera lens.


Nearly four decades later, Mr. Johnson's half-sister dug the resulting photo out of a cedar chest to show to a dogged blues historian who had tracked her down. The trunk she opened that afternoon in 1973 has since turned into a Pandora's box.


That now-famous photograph and another one that was buried in the chest have become the subjects of a convoluted legal tug of war between the blues sleuth and relatives of the legendary musician, who died penniless and without a will in 1938. At stake: Who is the rightful owner of the iconic images, the only known photographs of the legendary musician, and who holds their lucrative copyrights?


The dispute is the final chapter in an epic legal struggle, now entering its 15th year, over Mr. Johnson's legacy. Earlier, a dramatic trial elevated a sole heir from a handful of contenders, entitling a once-poor truck driver to share in the lucrative rights to Mr. Johnson's music. Now the dispute over the photos is proving just as tangled, thrusting the blues historian and his business dealings into the spotlight.




Robert Johnson


This is not quite as iconic, but still I've seen it a thousand times (sometimes the cigarette is airbrushed out, for some god-awful reason).

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For decades after Mr. Johnson's death, little was publicly known about him beyond the 29 haunting country-blues songs he recorded in Texas in 1936 and 1937, including “Love in Vain” and “Hell Hound on My Trail.” When CBS Records' Columbia label released a batch of them on a 1961 LP, the company apparently assumed he had left behind no likenesses of himself, and no heirs. The album was illustrated with a drawing.

Blues historian Stephen LaVere, now 61 years old, first learned about Mr. Johnson's half-sister, Carrie Thompson, as he searched for leads in Mississippi in 1973. When he reached Ms. Thompson by phone at her home in Churchton, Md., he asked whether she had any photos.

“It's funny you should ask,” he recalls her saying. “I had lost it for a long time, but I found it in a Bible.” An excited Mr. LaVere raced to Maryland.

When she handed him the Hooks Brothers photo, he thought “album cover.” With Ms. Thompson's permission, he took the photo to a professional photographer, who produced a negative for him.

As Mr. LaVere and Ms. Thompson rummaged through the trunk during a later visit, Mr. LaVere came upon a scrap of paper, face down. Turning it over, he saw a small photo of a man staring intently, a cigarette dangling from his lips, guitar in hand. “Oh, that's little Robert,” Ms. Thompson told him. Mr. LaVere copied that one, too.

What Mr. LaVere did next has made him a controversial figure in the blues world. He persuaded the elderly woman to assign him the rights to the photos and other memorabilia. Assuming her to be Mr. Johnson's only living heir, he also persuaded her to transfer her rights to Mr. Johnson's songs and recordings, which until then had been treated as in the public domain. In exchange, he promised her 50% of any royalties the material produced. He told her he would commercially promote Mr. Johnson's music.

But Mr. LaVere, it turned out, wasn't the first outsider to lay eyes on a Johnson photo. After Mr. LaVere struck a deal with CBS Records to release a new Robert Johnson collection, another sleuth, cultural historian Mack McCormick, insisted to CBS that he had secured rights to biographical information about Mr. Johnson during an earlier visit with Ms. Thompson. Mr. McCormick came away from his visit with a photo of Mr. Johnson and his nephew, a sailor. Mr. McCormick declines today to comment on where that picture is. (Although he does not have a copy, Mr. LaVere claims rights to that photo as well.)

Wary of legal problems, CBS put the record on ice, where it stayed for 15 years. Finally, in 1990, without the cooperation of Mr. McCormick, CBS Records released a boxed set of Mr. Johnson's recordings, with the Hooks Brothers portrait on the cover. It sold more than a million copies.

As the royalties rolled in, the trouble began. By then, Ms. Thompson had died, leaving her estate to her half-sister, Annye Anderson, a retired schoolteacher who is now 78, and Ms. Thompson's grandson, Robert Harris, a Chicago landscaper, now in his forties. Ms. Anderson opened court proceedings to establish her claim on Mr. Johnson's estate.

That is when gravel-truck driver Claud Johnson, now 73, materialized with a birth certificate listing as his father “R.L. Johnson, laborer.” His claim on the estate was supported by a sworn statement from an elderly woman who claimed to have witnessed sexual relations between Claud's mother and the itinerant musician in the woods along a country road nine months before Claud's birth. A 1998 ruling named Claud Johnson sole heir, entitling him to $1.3 million in royalties that had accumulated in the estate, plus future royalties. Ms. Anderson got nothing, and her appeal was unsuccessful.

The ruling, which entitled Claud Johnson to split proceeds from his father's music with Mr. LaVere, threw ownership of the photos and their copyrights into limbo. Did the photos belong to Claud or to Ms. Anderson and Mr. Harris? And what about the copyrights, which Mr. LaVere said he had secured following his 1974 agreement with Ms. Thompson? Under his deal with CBS, those copyrights were yielding royalties of their own, although it remains unclear what portion of several million dollars of royalties is attributable to the photos.

“We can only guess what has been earned,” said Mr. Nevas, the lawyer for Ms. Anderson. “It is certainly in the six figures and probably in the seven,” a range Mr. LaVere says he wouldn't dispute. Ms. Anderson and Mr. Harris, their lawyer claims, haven't seen a penny.

Ms. Anderson and Mr. Harris filed suit in 2000 against Mr. LaVere, Claud Johnson and Sony Corp.'s music division, which had purchased CBS Records. The photographs were family mementos, they argued, not the property of the estate. Moreover, they claimed, in 1980 Ms. Anderson's half-sister Carrie had rescinded the agreement under which Mr. LaVere had obtained the rights. Mr. LaVere refused to relinquish the rights, the lawsuit said. After several years of legal maneuvering between the parties, the Mississippi Supreme Court last December ordered the dispute to trial.

The case promises to bring questions about the images to a boil. Mr. LaVere says the miniature photo he found in the trunk is a photo-booth portrait. Ms. Anderson says her sister took it herself with a Kodak, which, if true, could make it easier for her to argue that it doesn't belong to the Johnson estate.

Nonsense, responds Mr. LaVere, who is unwilling to surrender his copyrights. Photo booths render pictures as mirror images, he says, so that the original pictured the right-handed Mr. Johnson as a left-handed guitarist.

6 Comments

Without a doubt, Annye and Robert sould be entitiled to the photos. What's right is right. They are sure blood.

I agree with you Gregory. Sony ought to settle with these women, Sony/Columbia has made plenty of cash off of R. Johnson already.

First of all, thanks for the unbiased article. It was informative and direct. Secondly, this is a tough issue. The photos would never have been discovered if it wasn't for LaVere, so he is entitled to something. But most of all, I almost pity anyone fortunate enough to profit off of Robert Johnson. The corruption of something so pure, so soulfull, so eloquent as the art of blues. He played to live, we should listen to live. And the reason I pity them is because if Johnson truly believed himself that the devil possesed his soul, then all who profit from the work of a devil will reap devilish rewards. Thanks again.

You make valid points, Jason. It is just unfortunate that all the parties in this dispute cannot come to agreement.

Just my opinion as I see things. The agreement between LaVere And Carrie Thompson should be honored in regard to momentos and photos. They were her property, not the property of estate. (They wouldn't even be Robert's property if he were still alive.) The recordings, if Paramount paid Johnson for them at the time they were recorded, little as that payment might have been, they should be the owners. The "previously unreleased cuts" might be in dispute, but in all likelihood Paramount also acquired the legal rights to them as well as anything else recorded in those sessions.

I see Claude Johnson (Robert's supposed illegitimate son) as having rights only to future uses (starting at the time of his filing for paternity/heir status)of Robert Johnson's name and/or trademark, etc.

Incidentally, I have a photograph (the Hooks Brothers photo) that has been in my possession since the late 1960s. Obviously more than one copy was printed. I bought it (framed) for ten cents at a yard-sale as I travelled near Greenwood, Mississippi back then. It was framed under glass (and had been trimmed slightly to fit the frame). On the back of the photo was written in faded pencil simply "Robert." The copper had begun to "bleed" around the edges over the years. I bought it because I thought it was kind of a neat picture, being a young college kid who was just starting to explore old-time blues. Just a picture of some long-ago country bluesman. I didn't know it was Robert Johnson, and probably wouldn't have thought anything much about it if I had known. I didn't think that something like that could ever become such a valuable commodity fought over in court battles. Country-blues was an almost-dead genre very few knew or cared much about back then. Amazing how things can change.

Did anyone reading this story REALLY think ANYONE involved in the ARTS is beyond corruption?Grow to hell up!!!!!Sorry,when you get in bed with the DEVIL,you will get burned by the DEVIL,period.
yours in tone,taste and tenacity
Rory "Bluesthug" Connolly

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