Hound Dog and The Infamous Bear Cat

[luisam]

Any true rock ‘n’ roll / blues fan is familiar with the Leiber and Stoller hit song, Hound Dog. It was originally recorded by Willie Mae “Big Mama” Thornton in 1952 and released the following year on Peacock Records. Freddie Bell and the Bellboys’ 1955 version would go on to become the template for Elvis Presley’s 1956 hit. Somehow the song would not only encourage the trend of rock ‘n’ roll singers doing covers of R&B hits, but would also inspire many cover versions in different genres, as well as parodies and “answer songs.”

Hound Dog would eventually become one of the most litigated songs in recorded music history; a lawsuit filed in 1953 over one answer record in particular would force Sun Records owner, Sam Phillips, to the brink of filing bankruptcy and finally to the decision to sell his contract with Elvis Presley to RCA.

Mike Stoller, co-author of “Hound Dog,” explained that the song came together very quickly. Leiber and Stoller were invited to meet with R&B writer, musician, and bandleader, Johnny Otis. After listening to ”Big Mama” Thornton sing the songwriting duo composed in about fifteen minutes what would eventually become one of the biggest selling singles of all time, included in the “500 Greatest Songs of All Time” by Rolling Stone Magazine. They returned to Otis’ home to present the song to Big Mama. The next day at the studio they recorded it in just two takes, the result was a smash R&B hit.

This was Thornton’s first big hit, and many other artists and labels were quick to try and cash in. While Thornton’s original was still on the charts, Little Esther recorded a version, as did numerous other R&B and country singers. Additionally, there were numerous “answer songs” which were common during the 1950s. Among the more popular answers songs were John Brim’s “Rattlesnake,” Roy Brown’s “Mr. Hound Dog’s in Town,” and Jimmy Wilson’s “Call Me a Hound Dog.” The most successful answer song was Rufus Thomas’s “Bear Cat”, released on Sun Records. Sun Records owner Sam Phillips, after hearing the Thornton hit, quickly re-wrote the lyrics to Hound Dog. Phillips’ new lyrics were written from a male perspective. Without changing the melody or chord structure, Phillips called local disc jockey Rufus Thomas to see if he’d be interested in singing the song. Using an arrangement based on the Thornton record, the Rufus Thomas song was a virtual copy, complete with cat meowing and hissing sounds to mimic the barking in the original. Bear Cat” was also an immediate hit. Released just weeks after the Thornton’s “Hound Dog,” “Bear Cat” raced to the number three spot on the R&B charts.

 

Here are the once controversial lyrics

 

You know what you said about me, don't you woman...
 

Well, you ain't nothin' but a bear cat
Been scratchin' at my door

You ain't nothin' but a bear cat
Been scratchin' at my door
You can purr pretty kitty
But I ain't gonna rub you no more
 

You said you was a long-hair
But I can see through that

You said you was a long-hair
But I can see through that
And mama I know

You're just an old bear cat

 

You ain't nothin' but a bear cat
Been scratchin' at my door
Ain't nothin' but a bear cat
You been scratchin' at my door
You can purr pretty kitty
But I ain't gonna rub you no more

 

Whoa, rub you!
Whoa, git with it now
Git it, git it, git it, git it!
Oh, listen to that old cat
Meooowwww... scat!
Oh, tip it miss kitty
Tip it honey, tip it!
Hey!
I'm tellin' you honey...

 

You made me feel so mean
Made me moan and groan
You made me feel so mean
You made me moan and groan
You ain't wantin' no man
You're just lookin' for an old soup bone

 

You ain't nothin' but a bear cat
Been scratchin' at my door
You're just an old bear cat
Been scratchin' at my door
You can purr pretty kitty
But I ain't gonna rub you no more
 

Meow, meow
Meoooww, meoooowwwww!

 

 

 

 

 

You may find reference to lyrics of Hound Dog, both for Big Mama's en Elvis Presley's versions and links to YouTube in my post

 

Peacock Records owner Don Robey was also the owner of Lion Music Publishing Company, with whom Leiber and Stoller signed. Robey originally registered “Hound Dog” listing himself and Thornton as authors, then amended the copyright to credit Leiber, Stoller, and Otis. This was because Otis had falsely told Robey he was a writer of the song and that he had power of attorney for Leiber and Stoller. Leiber and Stoller, who were still in their late teens, had to have their mothers sign the contracts with Lion Music. Robey, like most publishing company owners at the time, had already retained legal services to protect his works; he was quick to contact Phillips regarding the licensing of the song that now belonged to his publishing company. When Phillips refused to respond, Robey filed a lawsuit against Sun Records and Sam Phillips for copyright infringement, requesting royalties and damages. Robey and his company prevailed, and Phillips was required to pay. Sun Records, already in a financially unstable position, could have gone under. It is reported that Phillips was required to pay to Lion 2% of royalties for Bear Cat as well as court costs. It is no coincidence that Phillips subsequently decided to sell the Elvis Presley contract to RCA Victor for an estimated $35,000.

This would only be the beginning of litigation over “Hound Dog.” Robey’s company would regularly defend its interest in the song in court, notably against Johnny Otis. Under exclusive contract to Valjo Music Publishing Corporation, a subsidiary of King Records, Otis had been listed on the original registration as a writer of “Hound Dog.” King/Valjo filed suit against Lion for royalties due on the Thornton original. Lion responded by filing a countersuit against King for their release of the cover version by Little Esther. Lion would prove successful in court, and Johnny Otis would be removed as a credited writer.

In October of 1956, after the success of Presley’s “Hound Dog,” Otis and Valjo filed a lawsuit for ownership and publishing rights, again claiming authorship of the song. Otis filed suit in the Southern District Court of New York against Elvis Presley Music, Inc., Jerry Leiber and Mike Stoller. According to the official court transcripts, Big Mama Thornton testified that Otis had no part in the writing of the song, and that she had contributed her improvisational comments during the guitar solo. The court ultimately ruled against Otis, and the sole credit of authorship went to Leiber and Stoller.

In May of 1973, Don Robey sold his interests to ABC-Dunhill Records. Among the songs from the Lion Music and the Duke/Peacock and other subsidiaries were the rights to “Hound Dog.” According to Stoller, part of the deal between Robey and ABC-Dunhill was a payment to Leiber and Stoller for all outstanding domestic and foreign royalties collected to that point. It was a simple settlement arrangement between Leiber and Stoller’s attorney and the two other entities. As he recalls, there was no need for a lawsuit, just a simple settlement offer and acceptance.

“Hound Dog” has received numerous honors and distinctions. A hit on the R&B, Country and Pop charts by various artists, the Presley version was number one on all three in 1956. Both the Thornton and Presley versions have been used in countless films, as well as being included in the 1995 Broadway musical, Smokey Joe’s Café, and the 2005 musical, All Shook Up. Since its release, countless artists have covered “Hound Dog,” including Eric Clapton, Jimi Hendrix, John Lennon, and Macy Gray. The Presley version was inducted into the Grammy Hall of Fame, and the Rock and Roll Hall of Fame has included it as one of the top 500 songs that shaped Rock and Roll, suggesting that licensing opportunities are still available.

When asked what advice he would give to songwriters about legal issues, Stoller replied, “When you start out, everybody rips you off… it is a part of growth.”

The lesson he learned along the way was that “you need good representation to handle all the copyrights.” As far as “Bear Cat” (which now lists Leiber and Stoller as the writers) goes, Big Mama Thorton sang it best over sixty years ago: “You told me you was high class, but I can see through that…and daddy, I know, you ain’t no real cool cat!”

The final conclusion is that after 55 years, Leiber and Stoller are among the most successful songwriters of the 20^th century, “Hound Dog” is remembered as a masterpiece, and “Big Mama” Thorton as one of the great blues singers and precursors of rock ‘n’ roll. On the other hand, “Bear Cat” is just a case of plagiarism, no one remembers Johnny Otis or Rufus Thomas and Sam Phillips will be remembered as a record executive and music producer who played an important role in the emergence and development of rock and roll and the one who, having in his hands one of the greatest contracts of record industry, lost it in the most foolish way. Guess not even himself wanted to be remembered as the author of the Bear Cat scheme.