On this day (March 17) in 1973, Eric Weissberg was at the top of the country albums chart with Dueling Banjos, the soundtrack from the hit film Deliverance. Spurred forward by the popularity of its instrumental title track, the album remained at No. 1 for four consecutive weeks. However, the song’s original composer, Arthur “Guitar Boogie” Smith, was not credited. As a result, he launched a lawsuit that sent a clear message to the entertainment industry.
Videos by American Songwriter
Some look at the widely known facts of Dueling Banjos and its title track and believe that Weissberg ripped Smith off, recorded his song, and raked in the profit. However, according to Weissberg, that isn’t the case. In fact, he states that the record label, Warner Bros., was at fault. Moreover, Smith wasn’t the only person who got the short end of the stick. More on that later.
The song in question was originally called “Fuedin’ Banjos.” Smith wrote it in 1954 and recorded it with Don Reno. Smith played a four-string banjo, and Reno played a five-string. The song then flew under the radar for nearly two decades. When “Dueling Banjos” became a hit in the 1970s, Smith launched a lawsuit against Weissberg and Warner Bros. In the end, they settled out of court. The label paid the song’s original composer a healthy sum and credited him on future releases of the album.
Eric Weissberg Shares His Side of the Story
In a letter penned by Eric Weissberg and shared by Banjo Newsletter, he told his side of the “Dueling Banjos” story. To start with, the Deliverance soundtrack was a slightly modified version of an album called New Dimensions in Banjo and Bluegrass, recorded by Weissberg and Marshall Brickman in 1962.
Originally released on Elektra Records, New Dimensions had attribution issues. Songs by Bill Monroe and Earl Scruggs weren’t properly attributed on the album. When Weissberg took this issue to the label, they shrugged it off. “Well, the covers and labels have been printed, and it’s too late to correct those things now,” he was told.
In the early 1970s, Weissberg was doing session work in New York when he got a call to record a tune called “Dueling Banjos” for a movie. He accepted the gig, and he teamed up with Steve Mandell in Georgia to cut the song. About a year later, he learned that their rendition of “Dueling Banjos” had been released as a single. As a result, he hired a lawyer.
He told the lawyer that he could record a dozen bluegrass songs and have an album ready to release in less than a week. His attorney called Warner Brothers and was told the album was already out.
Warner Bros. had acquired Elektra Records and its catalog. They then took New Dimensions in Banjo and Bluegrass, changed the cover, the title, and stripped the liner notes. Additionally, they removed two songs–“No Title Yet Blues” and “Black Rock Turnpike”–written by Weissberg and Brickman, respectively.
It Just Gets Worse from There
“A number of truly wrong things happened here. The new company, WB, which should have known better, perpetuated incorrect credits,” Eric Weissberg wrote. “The statement on the ND album, ‘All selections not otherwise credited were arranged and adapted by Eric Weissberg and Marshall Brickman and are used by permission,’ was not even carried over to the ‘soundtrack’ album. Also, not transferred were the names of our band members, legends like Clarence White and Gordon Terry. And, amazingly, Marshall Brickman, who played lead banjo on half the tunes, is not credited,” he continued.
He points out that the label re-released his and Brickman’s work without contacting them. Furthermore, Warner Bros. removed songs penned by Weissberg and Brickman. He believes this was done to avoid paying royalties on the songs.
Weissberg then highlighted the major lesson that this situation taught. “Big companies do what they want and worry about it later, if ever.”
Featured Image by Andy Kropa/Getty Images
Leave a Reply
Only members can comment. Become a member. Already a member? Log in.