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Subseries 5. Post-Mortem Royalty Statements & Correspondence 1864-1900

Scope and Content Notes:

This subseries includes records and correspondence regarding Foster's earnings after his death. These were all records kept and maintained by Foster's brother, Morrison, who entered into an agreement with each of Foster's original publishers that secured any earnings for Foster's widow, Jane, and his daughter, Marion, and who took it upon himself to re-register many of Foster's songs so that they remained under copyright after their initial expiration. Of greatest interest perhaps are Morrison's early letters with William A. Pond, a publisher who tried to avoid paying Foster's heirs. Morrison refused to relent to their bullying tactics. Also of interest is Morrison's attempt to restore his brother's name on "Old Folks at Home" which had been attributed to E.P. Christy.

D196 July 1884 statement of royalties from William A. Pond & Co., July 1, 1884

$4.35 in royalties.

D197 Letter from William A. Pond enclosed with January 1884 royalty statement, February 4, 1884

Two payments for $49.50 each.

D198 Cover letter for January 1888 royalty statement from William A. Pond & Co., April 13, 1888

$103.50 in royalties.

D199a Cover letter for July 1888 royalty statement from William A. Pond & Co., July 26, 1888

$178 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D199b July 1888 royalty statement from William A. Pond & Co., July 1, 1888
D200a Cover letter for January 1889 royalty statement from William A. Pond & Co., March 14, 1889

$61.50 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D200b January 1889 Royalty statement from William A. Pond & Co., January 1, 1889
D201 July 1889 Royalty statement from William A. Pond & Co., July 1, 1889

$99 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D202 January 1888 royalty statement from William A. Pond & Co., January 1, 1888

$103.50 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D203 Cover letter for January 1887 royalties from William A. Pond & Co., February 9, 1887
D204 Cover letter for January 1886 royalties from William A. Pond & Co., January 21, 1886

$42.15 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D205a Cover letter for July 1886 royalty statement from William A. Pond & Co., August 30, 1886

$47.25 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D205b July 1886 royalties statement from William A. Pond & Co., July 1, 1886
D206 Cover letter for July 1887 royalties, September 8, 1887

Two checks for $77.25.

D207 Letter from William A. Pond & Co. to Morrison Foster, June 21, 1879

Letter to Morrison saying that the copyrights don't need to be entered in the name of Foster's heirs. Morrison's response is on the back of the letter, indicating Pond is mistaken.

D208 Letter from William A. Pond & Co. to Morrison Foster, August 8, 1879

Requesting that Morrison redraw agreements to fix errors. Wants to be able to sell copies on hand he has of songs that were printed before the copyright expiration. Claims Stephen owed them over $1,000 at the time of his death. Morrison's response on back includes that he made the changes and indicated that there is no way he will permit them to continue to sell songs with expired copyrights.

D209 Letter from William A. Pond to Morrison Foster, September 2, 1879

Returning signed agreement, with a few more corrections. Insisting Morrison allow them to sell copies on hand without providing royalties to heirs, especially since Stephen owed them $1,000.

D210 Letter from Morrison Foster to William A. Pond & Co., September 4, 1879

Indicating the check supposed to be enclosed in his Sept. 2nd letter was not there, but even if it were, it would not be accepted until the matter about royalties on songs with expired copyrights has been resolved. Until all is resolved the contract remains in abeyance. He cannot fathom why they keep bringing up the money Stephen owed them when Stephen made them thousands of dollars.

D211 Letter from William A. Pond to Morrison Foster, September 9, 1879

Seeking to correct Morrison's claim that they were planning on printing a large quantity of songs just before the copyrights expired and selling them -- what Pond wants to do is merely get rid of the stock they already have. Also enclosed the missing check. Morrison's response on back indicates he agrees.

D212 Letter from Jane (Foster) Wiley to Morrison Foster, August 9, 1888

Acknowledging royalty checks from Ditson that he sent to Jane for her and Marion. She will present Marion with her check when she visits hers and will have her acknowledge the receipt.

D213 Letter from Jane (Foster) Wiley to Morrison Foster, July 31, 1888

Acknowledging receipt of royalty check.

D214 Postcard from William A. Pond & Co. to Morrison Foster, June 27, 1879

Cannot respond to Morrison's request until he answers his.

D215 January 1890 royalty statement from William A. Pond & Co., January 1, 1890

$46.50 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D216 July 1896 Royalty Statement from William A. Pond & Co., August 1, 1896

$19.80 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D217 July 1895 Royalty Statement from William A. Pond & Co., July 1, 1895

$90.75 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D218 January 1896 royalty statement from William A. Pond & Co., February 1, 1896

$37.20 in royalties.

D219 July 1894 royalty statement from William A. Pond & Co., July 1, 1894

$116.25 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D220 Cover letter for July 1893 royalty statement from William A. Pond & Co., July 5, 1893

$75.00 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D222 Royalty statement for January, 1893, from William A. Pond & Co., January 1, 1893
D223a Cover letter for July 1892 royalty statement from William A. Pond & Co., October 27, 1892

$76.50 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D223b July 1892 royalty statement from William A. Pond & Co., July 1, 1892
D224a Cover letter for January 1892 royalty statement from William A. Pond & Co., May 23, 1892

$67.50 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D224b January 1892 royalty statement from William A. Pond & Co., January 1, 1892
D225 July 1891 royalty statement and cover letter from William A. Pond & Co., November 23, 1891
D226 Letter from William A. Pond to Morrison Foster, May 3, 1890

Forwarding request from J.S. Unger of Reading, PA, to use the airs of "Old Dog Tray" and "My Old Kentucky Home" in a military band arrangement.

D227 Cover letter for July 1890 royalty statement, October 13, 1890

$108.25 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D228 Letter from Jane (Foster) Wiley to Morrison Foster, September 7, 1889

Acknowledging receipt of royalty check.

D229 July 1890 royalty statement from William A. Pond & Co. July 1, 1890

$108.75 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D230 January 1891 royalty statement from William A. Pond & Co., January 1, 1891

$82.50 in royalties. Note in Morrison's hand that he distributed it to Jane & Marion.

D231 Letter from William A Pond to Morrison Foster, May 11, 1890

Responding to a Library of Congress letter claiming that two copies of "Oh, Boys Carry me 'long" hadn't been deposited as required. Pond forwards the letter claiming they did.

D232 Letter from William A. Pond & Co. to Morrison Foster, June 18, 1879

Requesting to republish Foster's songs. Morrison's response on back indicates that he is fine, but would like a $100 advance and 3 cent per copy royalty.

D233 Letter from William A. Pond & Co. to Morrison Foster, June 3, 1879

Clarifying past royalty agreements and how royalty rate was tied to price. Proposes $50 advance instead of $100. Morrison's response on back: requests 3 cent uniform royalty regardless of price. Asking for a list of songs that Ponds owns that expire that year and asks that Pond reenter them for copyright in Jane and Marion's names. Suggests it would be great for them to issue a cheap volume of Foster's melodies.

D234 Letter from William A. Pond & Co. to Morrison Foster, May 28, 1879

List of songs that have already expired. List of what they will reenter in their name.

D235 Letter from William A. Pond & Co. to Morrison Foster, May 19, 1879

More discussion of copyright renewals, new royalty agreement for reissues.

D236 Letter from William A. Pond & Co. to Morrison Foster, July 8, 1879

Agreeing to his proposition from June to pay Marion & Jane a three cents per copy royalty, and $100 advance. Would like the heirs to recognize the reentry. Emphasizes that it's legal to re-copyright under the publisher's name provided heirs assent to it. Morrison's response on back indicates that it is Pond's responsibility (and expense) to re-enter copyrights. Wants the $1.00 it cost him to reenter "Oh, Boys."

D237 Letter from Morrison Foster to William A. Pond & Co., May 31, 1879

This letter is a copy. Granting permission to publish songs for 3 and 4 cent royalty. Lists songs. Requesting $20.00 advance against royalties. Copyrights must be taken out in Jane and Marion's names. Asking if anything was done about those songs originally copyrighted in 1849 and 1850, as well as "Farewell Old Cottage." Also wants a copy of previous royalties.

D238 Library of Congress Directions for Securing Copyrights, 1888
D239 Library of Congress Directions Securing Copyrights, 1874
D240 Letter from Library of Congress to Morrison Foster, May 14, 1889

Regarding copyright dates he queried.

D241a Cover letter for agreement from Attorney George Murray to Morrison Foster, July 3, 1889

Regarding Morrison Foster's proposed contract with S.T. Gordon. Morrison's response in his hand on bottom; authorized $10 advance. Includes two copies of the agreement.

241b Agreement from Attorney George Murray to Morrison Foster (copy for Gordon & Son), July 3, 1889
241c Agreement from Attorney George Murray to Morrison Foster (Morrison Foster's copy), July 3, 1889
D242 Letter from S.T. Gordon & Son to Morrison Foster, April 15, 1889

Request to renew copyrights for Foster's compositions held by Gordon.

D243 Letter from S.T. Gordon & Son to Morrison Foster, April 22, 1889

Denying Morrison's request to have Gordon list all of their Foster titles and when the copyrights run out as it's too much work.

D244 Letter from Attorney George F. Murray to Morrison Foster, July 9, 1889

Regarding the contract Morrison is attempting to negotiate with S.T. Gordon.

D245 Letter from S.T. Gordon to Morrison Foster, July 9, 1889

Declining Morrison's request for a $10 advance to renew "Why Have My Loved Ones Gone."

D246 Letter from Library of Congress to Morrison Foster, June 28, 1889

Info on renewing copyright. Note in Morrison's hand that there is no certificate of copyright and that S.T. Gordon will take care of taking it out.

D247 Letter from Morrison Foster to Library of Congress, June 26, 1889

Inquiring about submitting "Why Have My Loved Ones Gone" for re-copyright. Item is a copy.

D248 Letter from S.T. Gordon to Morrison Foster, June 22, 1889

Request to resubmit "Why Have My Loved Ones Gone?" for copyright.

D249 Letter from S.T. Gordon & Son to Morrison Foster, May 9, 1889

Requesting a response to his request for renewing Why Have My Loved Ones Gone.

D250 Letter from S.T. Gordon & Son to Morrison Foster, May 14, 1889
D251 From Oliver Ditson & Co. to Morrison Foster, April 28, 1879

Alerting him that they have all the business plates & rights from Firth Pond and a convoluted tale of their trying to renew copyright for "Old Folks at Home."

D252 Letter from Oliver Ditson & Co. to Mrs. Stephen Foster (Jane Wiley), March 29, 1879

Trying to contact her.

D253 Letter from Oliver Ditson & Co. to Mrs. Stephen Foster (Jane D. Wiley), April 22, 1879

Wants to renew "Old Folks at Home" copyright, offering her either a royalty or $100 flat.

D254 Letter from Oliver Ditson & Co. to Morrison Foster, May 13, 1879

Responding to Morrison's modifications to contract, requesting only two royalty periods rather than four, and indicating that it is not in their practice to pay for arrangements

D255 Letter/agreement from Morrison Foster to Oliver Ditson, May 10, 1879

Item is a copy. Draft agreement requesting checks be made payable to Jane's married name, requesting removal of Christy's name from "Old Folks at Home," granting permission to renew "Old Folks at Home."

D256 Letter from Morrison Foster to Oliver Ditson & Co., May 5, 1879

Item is a copy; describing how Christy came to be listed as author of OFAH, offering to renew copyright if they pay Jane $100 plus 3 cent royalty.

D257 Letter from Oliver Ditson & Co. to Morrison Foster, May 19, 1879

Agreeing to his terms.

D258 Letter from Oliver Ditson & Co. to Morrison Foster, August 2, 1880

Enclosing payment of $132.00.

D259 Letter from Oliver Ditson & Co. to Morrison Foster, May 7, 1879

Terms accepted; clipping of new copyright notice enclosed.

D260 Letter from Oliver Ditson & Co. to Morrison Foster, March 18, 1881

Print run of "Old Folks at Home," royalty periods.

D261 January 1881 cover letter & royalty statement from Oliver Ditson & Co., March 12, 1881

$72.60 in royalties. Note in Morrison's hand of how he dispersed funds.

D262a Cover letter for July 1882 royalty statement from Oliver Ditson & Co., August 2, 1882

$94.11 in royalties. Note in Morrison's hand of how he dispersed funds. Includes request from the Yale College Songs editor to include "Old Folks at Home" in their collection.

D262b July 1882 royalty statement from Oliver Ditson & Co., August 2, 1882
D263 January 1882 royalty statement, January 1, 1882

$110.28 in royalties. Note in Morrison's hand of how he dispersed funds.

D264 July 1882 royalty statement from Oliver Ditson & Co., July 1, 1882

$125.88 in royalties. Note in Morrison's hand of how he dispersed funds.

D265 Postcard from Oliver Ditson & Co. to Morrison Foster, February 4, 1883

Reassuring him that the Yale Songbook will correct "Old Folks at Home" in next edition.

D266 July 1883 royalty statement from Oliver Ditson & Co., July 1, 1883

$71.45 in royalties. Note in Morrison's hand indicating how the funds were dispersed.

D267 January 1883 royalty statement from Oliver Ditson & Co., January 1, 1883

$151.88 in royalties. Note in Morrison's hand indicating how the funds were dispersed.

D268 January 1884 royalty statement from Oliver Ditson & Co., January 1, 1884

$37.15 in royalties. Note in Morrison's hand indicating how the funds were dispersed.

D269 Letter from Jane (Foster) Wiley to Morrison Foster, August 24, 1884

Acknowledging that she received the July royalties.

D270a Cover letter for July 1884 royalty statement from Oliver Ditson & Co., August 15, 1884

$80.63 in royalties. Note in Morrison's hand indicating how he dispersed the funds.

D270b July 1884 royalty statement from Oliver Ditson & Co., August 15, 1884
D271a Cover letter for January 1885 royalty statement from Oliver Ditson & Co., July 3, 1885

$85.60 in royalties. Note in Morrison's hand indicating how he dispersed the funds.

D271b July 1885 royalty statement from Oliver Ditson & Co., January 1, 1885

$85.89 in royalties. Note in Morrison's hand indicating how he dispersed the funds.

D272 January 1886 royalty statement from Oliver Ditson & Co., January 23, 1886

$69.90 in royalties. Note in Morrison's hand indicating how he dispersed the funds.

D273 July 1886 royalty statement from Oliver Ditson & Co., July 1, 1886

$100.08 in royalties. Note in Morrison's hand indicating how he dispersed the funds.

D274 Letter from Oliver Ditson & Co. to Morrison Foster, August 31, 1886

Asking him to forward sheet music to Jane.

D275 January 1887 royalties and cover letter from Oliver Ditson & Co., February 3, 1887

$30.96 in royalties. Note in Morrison's hand indicating how he dispersed the funds.

D276 July 1887 royalty statement from Oliver Ditson & Co., July 1, 1887

$131.63 in royalties. Note in Morrison's hand indicating how he dispersed funds.

D277 January 1888 royalty statement from Oliver Ditson & Co., January 1, 1888

$61.11 in royalties. Note in Morrison's hand indicating how he dispersed funds.

D278 July 1887 royalty statement from William A. Pond & Co. July 1, 1887

$77.25 in royalties. Note in Morrison's hand indicating how he dispersed funds.

D279 July 1888 royalty statement from Oliver Ditson & Co., July 1, 1888

$161.10 in royalties. Note in Morrison's hand indicating how he dispersed funds.

D280 January 1889 royalty statement from Oliver Ditson & Co., January 1, 1889

$61.41 in royalties. Note in Morrison's hand indicating how he dispersed funds.

D281 July 1889 royalty statement from Oliver Ditson & Co., July 1, 1889

$94.56 in royalties. Note in Morrison's hand indicating how he dispersed funds.

D282 Letter from Oliver Ditson & Co. to Morrison Foster, February 13, 1889

Regarding check from Ticknor & Co. for "Massa's in de Cold Ground." On back of letter is Morrison's notes about how he distributed the money.

D283 Letter from Oliver Ditson & Co. to Morrison Foster, December 17, 1889

Cover letter and signed agreement to pursue legal action against Echo Music for copyright infringement.

D284 Letter from Oliver Ditson & Co. to Morrison Foster, December 10, 1889

Regarding pursuing legal action against Echo Music Co. for copyright violation.

D285 January 1890 royalty statement from Oliver Ditson & Co., January 1, 1890

$77.61 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D286 January 1891 royalty statement from Oliver Ditson & Co., January 1, 1891

$81.37 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D287 July 1891 royalty statement from Oliver Ditson & Co., July 1, 1891

$84.30 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D288 July 1890 royalty statement from Oliver Ditson & Co., July 1, 1890

$181.57 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D289 Letter from Jane (Foster) Wiley to Morrison Foster, August 10, 1890

Acknowledgement that she received his royalty check.

D290 January 1892 royalty statement from Oliver Ditson & Co., January 1, 1892

$88.97 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D291 July 1882 royalty statement from William A. Pond & Co., August 10, 1882

$19.65 in royalties.

D292 January 1887 royalty statement from William A. Pond & Co., January 1, 1887

$15.75 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D293 July 1884 royalty statement from William A. Pond & Co., July 1, 1884

$23.25 in royalties.

D294 January 1884 royalty statement from William A. Pond & Co., January 1, 1884

$27.60 in royalties.

D295 January 1884 royalty statement from William A. Pond & Co., January 1, 1884

On notepaper. Not a duplicate of D294. A continuation perhaps?

D296 July 1883 royalty statement from William A. Pond & Co., July 1, 1883

$36.75 in royalties. On notepaper.

D297 January 1886 royalties from William A. Pond & Co., January 1, 1886

$46.50 in royalties.

D298 July 1892 royalty statement from Oliver Ditson & Co., July 1, 1892

$133.00 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D299 January 1893 royalty statement from Oliver Ditson & Co., January 1, 1893

$66.91 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D300 July 1893 royalty statement from Oliver Ditson Company, July 1, 1893

$85.64 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D301 January 1894 royalty statement from Oliver Ditson & Co., January 1, 1894

$21.76 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D302 July 1894 royalty statement from Oliver Ditson & Co., July 1, 1894

$15.25 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D303 January 1895 royalty statement from Oliver Ditson Company, January 1, 1895

$10.59 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D304 July 1895 royalty statement from Oliver Ditson Company, July 1, 1895

.90 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D305 January 1896 royalty statement from Oliver Ditson Company, January 1, 1896

.90 in royalty. Note in Morrison's hand regarding how he dispersed the funds. Also a note that Ditson has no permit to publish the two songs ("Gentle Annie" and "Nelly Bly").

D306 January 1897 royalty statement from Oliver Ditson & Company, January 1, 1897

.90 in royalty. Note in Morrison's hand regarding how he dispersed the funds.

D307 January 1898 royalty statement from Oliver Ditson Company, January 1, 1898

$7.95 in royalties. Note in Morrison's hand regarding how he dispersed the funds.

D308 Library of Congress Copyright Certificate for "Old Folks Quadrilles," February 28, 1881

Copyright renewal for "Old Folks Quadrilles."

D309 Library of Congress copyright certificate for "Comrades Fill No Glass for Me," July 11, 1883

Copyright renewal.

D310 Library of Congress copyright certificate for "Village Maiden," July 11, 1883

Copyright renewal.

D311 Library of Congress copyright certificate for "Oh Boys Carry Me 'Long," June 21, 1879

Copyright renewal

D312 Library of Congress copyright certificate for "Little Ella," November 14, 1881

Copyright renewal.

D313 Letter from Library of Congress to Morrison Foster, June 23, 1883

Quoting rates for copyright renewal certificates.

D314 Letter from Library of Congress to Morrison Foster, April 19, 1883

Sending him info on "Village Maiden" and "Comrades Fill No Glass for Me."

D315 Letter from Library of Congress to Morrison Foster, December 10, 1881

Sending him the report of the party making copyright searches.

D316 Copyright submission of "The White House Chair," September 3, 1885

Remitted to Library of Congress on Sept 2, 1885. Copyright #18766 issued Sept. 4, 1885

D317 Library of Congress Directions for Securing Copyrights, 1883

Note that this has since been amended.

D318 Library of Congress Directions for Securing Copyrights, 1888

Note that it was received in June 1889.

D319 List of songs and copyright dates for pieces that Foster only wrote the music for, undated
D320 Copyright request for "Why Have My Loved Ones Gone," June 26, 1889

Submitted by Morrison Foster to Library of Congress with $.50 fee to renew copyright in Jane and Marion's names.

D321 1831 copyright law assigning rights to widows and children,

Handwritten transcription of the act of February 3, 1831.

D322a List of Foster songs with copyright dates and publishers (when known), titled 1879 at the top,

Four separate lists, three in pencil one in pen, most likely in Morrison Foster's hand.

D322b List of Foster songs with copyright dates and publishers (when known), titled 1851 at the top, unknown
D322c List of Foster songs published by William A. Pond, undated
D322d List of Foster songs from 1853 and 1854, undated