Publicity photographs of musicians and entertainers, mostly jazz musicians, such as Duke Ellington, Louis Armstrong, Miles Davis, and Dizzy Gillespie, but including many rock and even a few classical performers. The collection also contains tape recorded radio interviews conducted between 1970 and 2003. In addition there are posters relating to musical performances.
Scope and Contents:
This collection was formed by W. Royal Stokes in the course of his professional work as a music and arts critic. It is composed primarily of publicity portraits of musical performers, both single acts and groups. The emphasis is on jazz musicians and singers, although many rock stars and groups, and other popular musical performers are included. Even a few classical musicians are represented. The pictures are primarily mass-produced black and white publicity photographs distributed to newspapers, writers, etc., by agents for entertainment personalities. Some prints were made from the original negatives, while others clearly were made from copy negatives after typography was stripped together with a print and re-photographed. However, there are some rarer original photographs included in the collection, such as personal color snapshots, higher quality prints by art photographers, etc. Nearly all the prints are unmounted, and are 8 x 10 inches or smaller in size. The bulk of the photographs date from circa 1970 to 2000, however, a number of the earlier photographs are included as well as slightly later examples.
Arrangement:
The collection is divided into nine series.
Series 1, Photographs of Musicians and Ensembles, circa 1970-2000; undated
Subseries 1.1, Musicians and Ensembles
Subseries 1.2, Recording Company Photographs
Subseries 1.3, Unidentified Musicians
Series 2, Photographs of Performances, 1987-2002; undated
Subseries 2.1, Music Festivals, 1987-2002; undated
Subseries 2.2, Concerts, Music Clubs and Other Venues, 1920s-1940s and circa 1980s-1990s; undated
Series 3, Formal and Informal Groups, circa 1980s-2000; undated
Series 4, Photographs of Musicians in Films, Radio, Television and Theater, 1940s-2000; undated
Series 5, Photographs of Subjects and Products related to Musicians and Music, 1970-2000; undated
Series 6, Photographs of Non-Musicians, circa 1980s-2000; undated
Series 7, Interviews with Musicians, 1970-2003
Series 8, Audiovisual Materials, 1970-2003
Subseries 8.1, Audio Recordings - Audiocassettes
Subseries 8.2, Audio Recordings-Audiotapes
Series 9, Posters, 1976-1990; undated
Biographical / Historical:
Born in Washington, D.C., W. Royal Stokes served in the Army and then embarked on an academic career, teaching at the University of Pittsburgh, Tufts University, Brock University and the University of Colorado. He left the academic profession in 1969 and become a writer, broadcaster and lecturer, journalist, and critic and authority on jazz music. A follower of jazz since his teens in the 1940s, Stokes has written about music for such publications as Down Beat, Jazz Times, and the Washington Post, and hosted the public radio shows "I Thought I Heard Buddy Bolden Say . . ." and "Since Minton's". Today he is the editor of the quarterly Jazz Notes, and is the author of The Jazz Scene: An Informal History From New Orleans to 1990 and Swing Era New York: The Jazz Photographs of Charles Peterson.. He is also the author of Living the Jazz Life: Conversations with Forty Musicians about Their Careers in Jazz (Oxford; New York: Oxford University Press, 2000). Dr. Stokes lives in Silver Spring, Maryland.
Materials in the Archives Center, National Museum of Ameican History:
Duke Ellington Collection, 1928-1988 (AC0301)
Herman Leonard Photoprints, 1948-1993
Frank Driggs Collection of Duke Ellington Photographic Reference Prints [copyprints], 1923-1972
Jazz Oral History Collection, 1988-1990
Ernie Smith Jazz Film Collection, 1910s-1970s (mostly 1930s-1960s)
Jeffrey Kliman Photographs
Stephanie Myers Jazz Photographs, 1984-1987, 2005
Chico O'Farrill Papers
Paquito D'Rivera Papers, 1989-2000.
Louis Armstrong Music Manuscripts, undated
Tito Puente Papers, 1962-1965.
Audrey Wells "Women in Jazz Radio Series, 1981-1982
Mongo Santamaria Papers, 1965-2001
Ramsey Lewis Collection, 1950-2007
Earl Newman Collection of Monterey Jazz Festival Posters, 1963-2009
James Arkatov Collection of Jazz Photographs, 1995-2003
Francis Wolff Jazz Photoprints, 1953-1966
Floyd Levin Jazz Reference Collection, circa 1920s-2006
Jazz Oral History Program Collection, 1992-2009
Leslie Schinella Collection of Gene Krupa Materials
Provenance:
Donated by W. Royal Stokes to the Archives Center in 2001.
Restrictions:
Collection is open for research.
Rights:
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
Topic:
Jazz musicians -- 1950-2000 -- United States Search this
Whitney, Gertrude Vanderbilt, 1875-1942 Search this
Extent:
11.8 Linear feet
Type:
Collection descriptions
Archival materials
Video recordings
Sound recordings
Interviews
Date:
1857-circa 2010
Summary:
The Avis Berman research material on Juliana Force, inaugural director of the Whitney Museum of American Art, measures 11.8 linear feet and dates from 1857 to circa 2010. The collection is comprised of Berman's research and writing files in preparation for her book, Rebels on Eighth Street: Juliana Force and the Whitney Museum of American Art, published in 1990. Included are manuscript drafts, correspondence, photographs, photocopies of archival material, notes, printed material, and theirty-seven recordings of interviews with numerous artists, as well as a few unidentified recordings. Berman's manuscript is also contained in digital format on twenty-three electronic disks. Research topics include Gertrude Vanderbilt Whitney, the Whitney Museum, Whitney Studio Galleries and Club, MacDougal Alley, Force and the Rieser family, and historical events of the early 1900s.
Scope and Contents:
The Avis Berman research material on Juliana Force, inaugural director of the Whitney Museum of American Art, measures 11.8 linear feet and dates from 1857 to circa 2010. The collection is comprised of Berman's research and writing files in preparation for her book, Rebels on Eighth Street: Juliana Force and the Whitney Museum of American Art, published in 1990. Included are manuscript drafts, correspondence, photographs, photocopies of archival material, notes, printed material, and theirty-seven recordings of interviews with numerous artists, as well as a few unidentified recordings. Berman's manuscript is also contained in digital format on twenty-three electronic disks. Research topics include Gertrude Vanderbilt Whitney, the Whitney Museum, Whitney Studio Galleries and Club, MacDougal Alley, Force and the Rieser family, and historical events of the early 1900s.
Arrangement:
The collection is arranged as two series.
Series 1: Writing Project Files, circa 1980s (1.6 linear feet; Boxes 1-2)
Series 2: Research and Subject Files, 1857-circa 2010 (10.2 linear feet; Boxes 2-13, OVs 14-15)
Biographical / Historical:
Avis Berman (1949- ) is a writer, curator, and historian of American art, architecture and culture based in New
York, N.Y. She holds a bachelor's degree from Bucknell University and an master's degree from Rutgers
Univerisy, both in English literature. She is the author of numerous books including Rebels on Eighth Street:
Juliana Force and the Whitney Museum of American Art; James McNeill Whistler; and Edward Hopper's
New York. She was also co-author and editor of Katharine Kuh's memoir, My Love Affair with Modern Art:
Behind the Scenes with a Legendary Curator.
Berman has written numerous articles on subjects including painting, sculpture, photography, illustration,
design, architecture, and the social history of the visual arts for a broad range of publications including The
New York Times, The New York Review of Books, The Washington Post, Smithsonian, Saturday Review,
The Boston Book Review, American Art, ARTnews, The San Francisco Examiner, The Boston Globe, The
Philadelphia Inquirer, The Baltimore Sun, Art in America, Art & Antiques, House & Garden, and Architectural
Digest.
Throughout the 1980s 1990s and 2000s Avis served as a consultant for the Archives of American Art,
Washington, D.C., in her capacity as interviewer for the oral history project for which she has researched and
interviewed countless artists, collectors, and other figures in the art world in Europe and the United States.
Related Materials:
Also in the Archives are the Avis Berman research material on Katharine Kuh, 1939-2006, research material on art and artists, 1976-1994, research material on Elie Nadelman, 2001, and an interview of Reuben Nakian conducted by Berman for the Archives Oral History Program, June 1981.
Provenance:
The collection was donated in 2020 and 2021 by Avis Berman.
Restrictions:
This collection is open for research. Access to original papers requires an appointment and is limited to the Archives' Washington, D.C. Research Center.
Rights:
The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
The donor has retained all intellectual property rights, including copyright, that they may own in the following material: all writings by Avis Berman.
Occupation:
Art historians -- New York (State) -- New York Search this
Authors -- New York (State) -- New York Search this
Collection consists of records documenting one of the oldest advertising agencies created in Philadelphia. The company then moves to New York and expanses to international markets. During its history NW Ayer & Sons acquires a number of other advertising agencies and is eventually purchased. The largest portion of the collection is print advertisements but also
includes radio and television. NW Ayer is known for some of the slogans created for major American companies.
Scope and Contents:
The collection consists primarily of proof sheets of advertisements created by NW Ayer & Son, Incorporated for their clients. These materials are in series one through thirteen and consist primarily of print advertisements. There are also billboards, radio and television commercials. The advertisements range from consumer to corporate and industrial products. The majority of the advertisements were created for Ayer's New York, Chicago, Los Angeles and international offices. Printed advertisements created by Cunningham & Walsh, Hixson & Jorgensen and Newell-Emmett are also included among these materials. Researchers who are interested in records created by Ayer in the course of operating an advertising agency will find these materials in Series fourteen-nineteen.
Series fourteen consists of advertisements created by NW Ayer & Son to promote their services to potential clients.
Series fifteen are scrapbooks of some of the earliest advertisements created by the company. Series sixteen are publications. Some of the publications were created by Ayer while others were about Ayer or the advertising industry in general. Provides good background materials and puts the company in perspective. Series eighteen are the legal records. Materials relating to employees including photographs, oral histories etc. are found in series nineteen.
Series twenty is one of the smallest amounts of materials and includes information relating to the history of NW Ayer & Son.
The container lists for series one-thirteen are part of a database and are searchable. The list has been printed for the convenience of the researcher and is included in this finding aid. Series fourteen-twenty container lists are also a part of the finding aid but are not in a searchable format.
Series 1, Scrapbooks of Client Advertisements, circa 1870-1920, is arranged into three boxes by chronological date. There are two bound scrapbooks and one box of folders containing loose scrapbook pages. NW Ayer & Son compiled an assortment of their earliest ads and placed them into scrapbooks. Besides the earliest advertisements, the scrapbooks contain requests to run advertisements, reading notices and listings of papers Ayer advertised in. The early advertisements themselves range from medical remedies to jewelry to machines to clothing to education and more. Most of the advertisements in the bound scrapbooks are dated.
Series 2, Proofsheets, circa 1870-1930, NW Ayer was fond of creating scrapbooks containing proofsheets. The series contains proofsheets created between 1892 and 1930, organized into 526 boxes. For convenience of storage, access and arrangement, the scrapbooks were disassembled and the pages placed in original order in flat archival storage boxes. The proofsheets are arranged by book number rather than client name. Usually the boxes contain a listing of the clients and sometimes the dates of the advertisements to be found within the box.
Series 3, Proofsheets, circa 1920-1975, is organized into 532 oversize boxes, and contain proofsheets and tearsheets created between 1920 and 1972. Within this series, materials are arranged alphabetically by company name (occasionally subdivided by brand or product), and thereunder chronologically by date of production. Many major, national advertisers are represented, including American Telephone & Telegraph, Armour Company, Canada Dry, Cannon Mills, Carrier Corporation, Domino Sugar, Caterpillar tractor company, Ford Motor Company, General Electric, Goodyear, Hills Bros. Coffee, Ladies Home Journal, National Dairy, Plymouth (Chrysler Corporation), Steinway, TV Guide, United Airlines and the United States Army. Also contained in this series are three scrapbooks of client advertisements including Canada Dry, Ford Motor, and Victor Talking Machine.
Series 4, 2001 Addendum, circa 1976-2001, is organized into ninety three oversized boxes,one folder and contains proofsheets for select Ayer clients, created between 1975 and 2001. Within this series, materials are arranged alphabetically by client name and there under chronologically by date of production. Major national advertisers represented include American Telephone & Telegraph, Avon, the United States Army, DeBeers Consolidated Diamond Mines, Dupont, TV Guide, Sealtest, Kraft Foods, Gillette, General Motors, Cannon Mills.
Series 5, Billboards, circa 1952-1956, consists of mounted and un-mounted original art/mock-ups. Twenty-two pieces of original art created as mock-ups for Texaco billboards.
Series 6, Film and Video Commercials, 1967-1970,
Series 7, Radio and Television Materials, 1933-1993, undated, is arranged into eight boxes and includes radio scripts, television scripts, and story boards for commercials.
Subseries 7.1, Scripts and storyboards for Radio and Television Commercials, dates Scripts for radio and television commercials includes title, date, length of commercial, advertising agency, client information
NW Ayer's radio and television materials mainly focus on the American Telegraph and Telephone account. Some of Ayer's materials relate to Bell Telephone Hours.
Storyboards are used in television and film to assist the director in working with crew to tell the story. To show the viewer through the use of figures, visual effects and camera angles. When directors first start thinking about their storyboard they create a story in their mind. They think of all the camera angles, visual effects and how the figures will interact in their mind. They try to create an extraordinary story in their head to attract the viewer (YOU) In order for the storyboard to be entirely effective it can't be a passive document. When done properly, a storyboard serves as a central design, meeting the needs of many team members including graphics artists, video personnel and programmers.
Another function of a storyboard is to help the team communicate during the training development process. This communication is very important in working with a large team as in the movie King, produced in 1996. Figures help the director explain to the crew how they are going to record the film and how to present it to the audience. Sometimes the director wants special effects to be added to the film, but his budget might not be that big so the director will have to change the story to fit their budget.
The Visual Effects are an important part in the storyboards it adds a special touch of creativity to your film. Camera angles are an important expects in your film because the camera angles determine where the viewing audience will look. If you want your audience to look at a certain object you must turn their attention to it by focusing on that object and maybe you might try blocking something out. Then you will have your audience's attention and you may do whatever else you have to, it could be scaring them are just surprising them or whatever you do.
Also included is talent information and log sheets relating to the storage of the commercials.
Bell Telephone Hour Program, 1942-[19??], The Bell Telephone Hour, also known as The Telephone Hour, was a five minute musical program which began April 29, 1940 on National Broadcasting Company Radio and was heard on NBC until June 30, 1958. Sponsored by Bell Telephone showcased the best in classical and Broadway music, reaching eight to nine million listeners each week. It continued on television from 1959 to 1968.
National Broadcasting television specials sponsored by the Bell System, 1957-1987includes information relating to Science series, Bell system Theshold Series, Bell telephone hour and commercial and public sponsored programs
Series 8, Chicago Office Print Advertisements, 1954-1989, is arranged alphabetically by the name of the client in ninety boxes and six oversize folders. Clients include Illinois Bell Telephone (1955-1989), Microswitch (1969-1989), Teletype (1975-1984), John Deere (1974-1989) and Caterpillar (1966-1972) are particularly well represented. Other clients of interest include Dr. Scholl's shoes (circa 1968-1972), the Girl Scouts (1976-1980), Sunbeam Personal Products Company (1973-1981), Bell and Howell (1974-1983) and Alberto Culver shampoos (1967-1971), Honeywell, Incorporated, Blue Cross and Blue Shield Associations, Kraft, Incorporated, Sears, Roebuck and Company, and YMCA.
Series 9, Los Angeles Office Materials, 1950s-1987, include printed advertisements created by this office and information relating to the employees.
Subseries 9.1, Print Advertisements, 1977-1987, printed advertisements arranged in one box alphabetically by client. There is a sparse sampling of clients from this particular Ayer branch office. The majority of the advertisements contained within this series are from Pizza Hut (1986-1987). Also included are Computer Automation (1977-1978), State of the Art, Incorporated (1982) and Toshiba (1986).
Subseries 9.2, Personnel Files, 1950s-1970s, includes cards of employees who worked in the Los Angeles office. Information on the cards includes name, address, telephone number, birthday, date hired, departure date and why (retired, terminated, resigned, etc) and position. Not all cards have all information. There is also a photograph of the employees on the cards.
Series 10, Foreign Print Advertisements, 1977-1991, undated, NW Ayer maintained partnerships with international companies such as Sloanas Ayer in Argentina, Connaghan & May Paton Ayer in Australia, Moussault Ayer in Belgium, NW Ayer, LTD. in Canada, GMC Ayer in France, Co-Partner Ayer in Germany, Wong Lam Wang in Hong Kong, MacHarman Ayer in New Zealand, Grupo de Diseno Ayer in Spain, Nedeby Ayer in Sweden, and Ayer Barker in United Kingdom. This group of material is a small sampling of advertisements created from these International offices. It is arranged alphabetically by client. There are quite a few automobile advertisements (i.e. Audi, Fiat, General Motors, Mercedes-Benz, and Volkswagen). In addition there are numerous advertisements for various personal items from MacLean's toothpaste to Quick athletic shoes to Labello lip balm, etc. Most of the advertisements have the creator's name printed on the advertisements.
Series 11, Cunningham & Walsh, Incorporated Materials, 1915-1987, undated contains 98 boxes 11 folders materials from the New York advertising agency acquired by NW Ayer in the 1960s. The company began with Newel-Emmett, an agency of nine men which broke up in 1949. Two of the men Fred Walsh and Jack Cunningham formed this agency in bearing their names in 1950. The agency created "let your fingers for the walking campaign for American Telephone & Telegraph, Mother Nature for Chiffon, and Mrs. Olson for Folgers's coffee and let the good times roll for Kawasaki motorcycle. In 1986, NW Ayer Incorporated purchased Cunningham & Walsh Incorporated.
Subseries 11.1, Print Advertisements, 1915-1987, are contained in ninety eight boxes of primarily print advertisements arranged alphabetically by client name. Clients that are particularly well represented are Graybar (electrical implements, circa1926-1937), Johns-Manulle (circa1915-1971), Smith and Corono typewriters (circa 1934-1960), Sunshine Biscuit Company (circa 1925-1961), Texaco Company (circa 1936-1961), Western Electric (circa 1920- 1971) and Yellow Pages (circa 1936-1971). Cunningham and Walsh also represented several travel and tourism industry clients, including Cook Travel Services (circa 1951-1962), Italian Line (circa 1953-1961), Narragansett and Croft (circa 1956-1960) and Northwest Airlines (circa 1946-1955). There are photographs of Texaco advertisements dating from 1913-1962. There is also a scrapbook of advertisements from the Western Electric Company dating from 1920-1922.
Subseries 11.2, Radio and Television Advertisements, 1963-1967, consist of materials created for Western Electric. Materials are arranged in chronological order.
Subseries 11.3, Company Related Materials, 1962-1986, undated include client lists, information relating to NW Ayer purchase and annual report 1962.
Series 12, Hixson & Jorgensen Materials, 1953-1971, a Los Angeles advertising company, merged with Ayer in 1969. This series is housed in one box. Within the box are four scrapbooks and folders with a hodgepodge of materials relating to advertising. Of most interest are the scrapbooks. Two scrapbooks deal with Hixson and Jorgensen's self promotion ad campaign "the right appeal gets action" (1953-1957). The other two scrapbooks contain news clippings about the company and its activities (1959-1971).
Series 13, Newell-Emmet, 1942-1957, founded in 1919 and governed in the 1940s by a partnership of nine men. The partnership broke up in 1949 when the men went their separate ways. The materials consist of print advertisements for one of client, Permutit Company, a water conditioning company. The materials are arranged in one box in chronological order.
Series 14, House Print Advertisements, 1870-1991, 16 boxes consists of advertisements or self-promotion advertisements to campaign for new clients. The series is arranged chronologically by date into fifteen boxes. Within the series are two scrapbooks containing self promotion ads from 1888-1919 and 1892-1895. Numerous house ads relate to Ayer's "Human Contact" campaign. In addition to the self promotion ads, Ayer ran advertisements expounding about particular concepts or themes for example, one month the concept would "understand" while another month would be "teamwork" and yet another would be on "imagination". Some of the self promotion ads target specific groups like Philadelphia businessmen. Other advertisements incorporate the fine arts.
Series 15, Scrapbooks, 1872-1959, relates to company events, records and news clippings about Ayer's history. The six boxes are arranged by chronological date. Two of the boxes focus solely on the death of founder F.W. Ayer (1923). Another box houses a scrapbook that showcases Ayer's annual Typography Exhibition (1931-1959). One box contains a scrapbook that specifically deals with correspondences relating to Ayer's advertising. Yet another box's contents are folders of loose pages from scrapbooks that have newspaper clippings, order forms, correspondences and other company records. In one box, a bound scrapbook houses a variety of materials relating to Ayer and advertising (i.e. newspaper clippings, competitor's advertisements, NW Ayer's advertisements, correspondences for advertisements, clippings regarding the "theory of advertising."
Series 16, Publications, 1849-2006, are housed in thirty four boxes and are arranged into three main categories.
Subseries 16.1, House Publications, 1876-1994, covers diverse topics; some proscriptive works about the Ayer method in advertising, some commemorating people, anniversaries or events in the life of the agency. Materials consist of scattered issues of the employee newsletter The Next Step 1920-1921. The materials are arranged in chronological order by date of publication. Ayer in the News, The Show Windows of an Advertising Agency, 1915, book form of advertisements published on the cover of Printer's Ink, highlighting Ayer's relations with advertisers. The Story of the States, 1916, Reprint in book form of a series of articles published in Printer's Ink for the purpose of adding some pertinent fact, progressive thought and prophetic vision to the Nationalism of Advertising highlights major businesses, manufacturer, natural resources and other qualities or attractions of each state. The Book of the Golden Celebration, 1919, includes welcome address and closing remarks by founder F. Wayland Ayer, The Next Step, 1920 employee newsletter with photographs, employee profiles, in-house jokes, etc., Advertising Advertising: A Series of Fifty-two Advertisements scheduled one time a week. Twenty-seven, thirty and forty inches, a day of the week optional with publisher, 1924
Subseries 16.2, Publications about NW Ayer, 1949-2006, includes a book first published in 1939. Includes articles, documenting events and is arranged chronologically by date of publication.
Subseries 16.3, General Publications about Advertising, 1922-1974, are arranged chronologically by date of publication and relate primarily to the history of advertising.
Subseries 16.4, Publications about Other Subjects, 1948-1964, include four books about the tobacco industry primarily the history of the American Tobacco Company and Lorillard Company from the Cunningham and Walsh library.
Series 17, Business Records, circa 1885-1990s
Subseries 17.1, Contracts, 1885-1908, undated, are arranged alphabetically and span from 1885-1908. The majority of the contracts are with newspaper and magazine publishers from around the country.
Subseries 17.2, General client information, 1911-1999, undated, including active and cancelled lists with dates, client gains, historical client list, (should move this to series 20) Ayer Plan User Guide Strategic Planning for Human Contact, undated
Subseries 17.3, Individual Client Account Information, 1950s-1990s, undated, contain information used by Ayer to create advertisements for some of its clients. American Telephone &Telegraph Corporate Case History, American Telephone &Telegraph Corporate advertisement memo, commissioned artists for DeBeers advertisements, DeBeers information relating to the creative process and photography credits, a case history for DeBeers Consolidated Mines, Ltd., The Diamond Engagement Ring, Managing Communication at all levels, DuPont publications, JC Penny Marketing Communication Plan Recommendation, Leaf, Incorporated, Saturn presentation, and USAREC oral presentation.
Subseries 17.4, Potential Clients, 1993, includes grouping has a questionnaire sent to Ayer by a potential client. Questionnaire response for Prudential Securities, 1993 Prudential Securities advertising account review, 1993.
Subseries 17.5, Financial Records, 1929-1938, includes balance sheet, 1929 May 1 Balance sheet and adjustments Consolidated statement of assets and liabilities, Expenses 191936-37 Business review and expenses, 1937 and 1938 Business review and expenses comparative statement, 1937 and 1938.
Series 18, Legal Records, circa 1911-1982, Ayer's legal records are arranged by twelve subject groupings within four boxes. The twelve groupings are advertising service agreements (circa 1918-1982), bylaws, copyright claims, correspondences, international correspondences, dissolution of trusts, stock information, agreements between partners, incorporation materials, reduction of capital, property information and miscellaneous materials. The bulk of the materials are the advertising service agreements. These agreements are between Ayer and their clients and state the services Ayer will offer and at what cost. The bylaws are Ayer's company bylaws from 1969 and 1972. The copyright claims are certificates stating Ayer's ownership over certain published materials (i.e. "Policy", Media Equalizer Model, and Don Newman's Washington Square Experiment). The correspondences relate to either the voting trust and receipts for agreement or the New York Corporation. The international correspondences are from either Ayer's Canadian office or London office. The dissolutions of trusts contains materials about the dividend trust of Wilfred F. Fry, the investment trust of Winfred W. Fry, the voting trust, and the New York corporation. The stock information has stock certificates and capital stock information. The agreements between partners (1911-1916) specify the terms between F.W. Ayer and his partners. The incorporation materials (circa 1929-1977) deal with Ayer advertising agency becoming incorporated in the state of Delaware. The reduction of capital grouping is a notification that shares of stock have been retired. The property information grouping contains property deeds and insurance policy (circa 1921-1939), a property appraisal (1934), and a bill of sale (1948). The miscellaneous grouping contains a house memo regarding a set of board meeting minutes and a registry of foreign companies in Commonwealth of Pennsylvania (1929-1954).
Subseries 18.1, Advertising Service Agreements, 1918-1982
Subseries 18.2, Bylaw Materials, 1969-1972
Subseries 18.3, Copyright Claims, 1962-1969
Subseries 18.4, Correspondence, 1928-1933
Subseries 18.5, International Office Correspondence, 1947-1948
Subseries 18.6, Dissolution of Trusts, 1934-1937
Subseries 18.7, Stock Information, 1934-1974
Subseries 18.8, Agreements between Partners, 1911-1916
Series 19, Personnel Records, circa 1889-2001, are arranged into eight groupings within eight boxes. The groupings are employee card files, photographs, Ayer alumni, biographies, speeches, recollections, oral histories, and miscellaneous. Typed manuscript of book A Copy Writer Speaks by George Cecil, NW Ayer, Incorporated copy head 1920s-1950s
Subseries 19.1, Employee card files, circa 1892-1915; 1929-1963, consists of index cards with the name, age, job title, date and wage increases, date of hire/fire, as well as remarks about the employee's service and/or reasons for seeking or leaving the job. Materials are arranged alphabetically by the last name of the employee within three boxes.
Subseries 19.2, Photographs, circa 1924-1984, undated, are housed in two boxes. The photographs grouped together by subjects i.e. personnel, company events, Ayer buildings, and miscellaneous. This grouping primarily consists of personnel photographs. Includes a glass plate negative dated 1924 of NW Ayer.
Subseries 19.3, Ayer Alumni, circa 1989-98, include employees who have left Ayer. There is a listing of Ayer "graduates" and their current job. Emeritus, Ayer's alumni newsletter 1989-1996, makes up the majority of materials in this grouping. The newsletter keeps the alumni up to date with the happenings of Ayer and what has become of former Ayer employees. Emeritus is a quarterly newsletter devoted to the activities, thoughts and feelings of Ayer alumni a body of people who consists of retirees and former employees.
Subseries 19.4, Biographical Information, circa 1889-1994, undated, prominent members of Ayer's operations had biographical sketches completed of them. This was true for the bio sketches of Robert Ervin, Louis T. Hagopian, and George A. Rink. There is a substantial file on Dorothy Dignam ("Mis Dig"), a leading woman in the advertising world from the 1930s to the 1950s. Also of interest is a video ("The Siano Man") compiled by Ayer employees to commemorate Jerry Siano's retirement from Ayer in 1994. The series is arranged alphabetically by last name.
Subseries 19.5, Speeches, circa 1919-1931; 1975, contains speeches made by Wilfred W. Fry and Neal W. O'Connor. Wilfred W. Fry had various speaking engagements connected with Ayer. Contained in this group is a sampling of his speeches from 1919 to 1931. Neal O'Connor's speech "Advertising: Who Says It's a Young People's Business" was given at the Central Region Convention for the American Association of Advertising Agencies in Chicago on November 6, 1975. The speeches are arranged alphabetically by the speaker's last name.
Subseries 19.6, Recollections, 1954-1984, undated, are arranged alphabetically by last name. These are recollections from Ayer employees about the company and its advertisements. Some recollections are specifically about certain types of advertisements, like farm equipment while others reflect on F. W. Ayer and the company.
Subseries 19.7, Oral History Interview Transcripts, 1983-1985; 1989-1991, include interviews with key NW Ayer personnel, conducted by Ayer alumnae Howard Davis, Brad Lynch and Don Sholl (Vice President creative) for the Oral History Program. The materials are arranged alphabetically by the last name of the interviewee.
Subseries 19.8, Oral History Interview Audio Tapes, 1985-1990, include interviews on audiotape the materials are arranged alphabetically by the last name of the interviewee.
Subseries 19.10, General Materials, 1940; 1970, includes agency directory entry including a list of the employees, 1970s, annual banquet program for the Curfew Club May 22, 1940 a group formed by the Philadelphia employee in 1938. It sponsored numerous sports, social and educational activities. Groups were formed in public speaking, music appreciation and a series of talks on Monday evenings title the modern woman. The front page was a series of talks for general interest. A list of officers, 1991, Twenty five year club membership, 1973 December 1, List of NW Ayer graduates, 1970, List of Officers, 1991 May 31, Obituary for Leo Lionni, 1999 October 17, List of photographers of advertisements, 2001
Series 20, Background and History Information, 1817-1999, undated includes a chronology, 1817-1990, quick reference timeline, 1848-1923, loose pages from a scrapbook containing examples of correspondence, envelopes, advertisements dating from 1875-1878; slogans coined by NW Ayer & Sons, Incorporated, 1899-1990, history of management, 1909-1923, articles and photographs about the building and art galleries, 1926-1976, publications about the Philadelphia building, 1929, pamphlet relating to memories of NW Ayer & Sons, Incorporated, 1930s-1950s, television history, 1940-1948, Article about the history of the company, 1950 January, pocket guide, 1982, AdWeek reports about standings for advertising agencies, information relating to Human Contact which is NW Ayer's Information relating to Human Contact, undated which is their philosophy on advertising.
Series 21, Materials Created by other Advertising Agencies, 1945-1978, undated, consists of print advertisements collected by Ayer from other major advertising companies. The companies include Doyle Dane Bernback, Incorporated, Leo Burnett Company, Grey Advertising Agency, D'Arcy Ad Agency, Scali, McCabe, Sloves, Incorporated and Erwin Wasey Company. The materials are arranged in alphabetical order by client and include products from Ralston Purina and Van Camp (Chicken of the Sea), Kellogg, American Export Lines and No Nonsense Fashions.
Series 22, 2010 Addendum of Print Advertisements, circa 1879s-1999, undated, includes material given to the Archives Center in 2010. It is organized into seventy one oversized boxes and contains proofsheets of print advertisements for select Ayer clients. These are arranged alphabetically by client name and include substantial quantities of materials from American Telephone &Telegraph (1945-1996), Bahamas Ministry of Tourism (1967-1987), Carrier (1971-1981), Citibank (1973-1991), DeBeers (1940s-1960s and1990s), Electric Companies Advertising Program [ECAP] (1942-1970s), General Motors (1989-1998), J.C. Penney (1983-1986), Newsweek (1966-1975), and Proctor and Gamble (1980s-1890s). There are also numerous other clients represented by smaller quantities of materials.
Subseries 22.2, Print Advertisements on Glass Plate Negatives, 1879-1881, undated, include Cannon towels, Cheny Brothers silks, Cornish & Company organs and pianos, Enterprise Manufacturing Company, 1879 sad iron, an ad from Harper's Weekly 1881 for ladies clothing, Ostermoor & Company mattresses, Pear's soap, Porter's cough balsam, Steinway pianos.
Series 23, Microfilm of Print Advertisements, circa 1908-1985, consists of three boxes of printed advertisements for the American Telephone and Telegraph Company. Some of the same advertisements might also be found in series two, three and four.
Arrangement:
The collection is arranged into twenty-three series.
Series 1: Scrapbooks of Client Print Advertisements, circa 1870-1920
Series 2: Proofsheets, circa 1870-1930
Series 3: Proofsheets, circa 1920-1975
Series 4: 2001 Addendum, circa 1976-2001
Series 5: Billboards, circa 1952-1956
Series 6: Audiovisual Materials
Series 7: Radio and Television Materials, 1933-1993, undated
Series 8: Chicago Office Print Advertisements, 1954-1989
Series 9: Los Angeles Office Materials, 1950s-1987
Subseries 9.1: Printed Advertisements, 1977-1987
Subseries 9.2: Personnel Files, 1950s-1970s
Series 10: Foreign Print Advertisements, 1977-1991, undated
Series 11: Cunningham & Walsh Incorporated Materials, 1915-1987, undated
Subseries 11.1: Printed Advertisements, 1915-1987
Subseries 11.2: Radio and Television Advertisements, 1963-1967
Subseries 11.3: Company Related Materials, 1962-1986, undated
Series 12: Hixson & Jorgensen Materials, 1953-1971, undated
Series 13: Newell-Emmet, 1942-1957
Series 14: House Print Advertisements, 1870-1991
Series 15: Scrapbooks, 1872-1959
Series 16: Publications, 1849-2006
Subseries 16.1: House Publications, 1876-1994
Subseries 16.2: Publications about NW Ayer, 1949-1995
Subseries 16.3: General Publications about Advertising, 1922-2006
Subseries 16.4: Publications about other Subjects, 1948-1964
Series 17, Business Records, circa 1885-1990s
Subseries 17.1: Contracts, 1885-1908, undated
Subseries 17.2: General Client Information, 1911-1999, undated
Subseries 22.2: Print Advertisements on Glass Plate Negatives, 1879-1881, undated
Series 23: Microfilm of Print Advertisements, circa 1908-1985
Biographical / Historical:
Founded in Philadelphia in 1869, NW Ayer & Son is one of the oldest and largest advertising agencies in America. For most of its history, it was the undisputed leader and innovator in the field of advertising. In 1876, NW Ayer & Son pioneered the "open contract", a revolutionary change in the method of billing for advertising which became the industry standard for the next hundred years. NW Ayer pioneered the use of fine art in advertising and established the industry's first art department. It was the first agency to use a full-time copywriter and the first to institute a copy department. The agency relocated to New York City in 1974. During its long history, the agency's clients included many "blue-chip" clients, including American Telephone & Telegraph, DeBeers Consolidated Diamond Mines, Ford Motor Company, Nabisco, R. J. Reynolds and United Airlines. However, in later years, the Ayer's inherent conservatism left the agency vulnerable to the creative revolution of the 1960s and 1970s, the advertising industry restructuring of the 1980s and the economic recession of the early 1990s. The agency was bought out by a Korean investor in 1993. In 1996, NW Ayer merged with another struggling top twenty United States advertising agency, Darcy, Masius, Benton & Bowles, under the umbrella of the McManus Group. Ayer continues to operate as a separate, full-service agency.
Through a series of buyouts and mergers, Ayer traces its lineage to the first advertising agency founded in the United States, a Philadelphia agency begun by Volney Palmer in 1841. Palmer began his career in advertising as a newspaper agent, acting as middleman between newspaper publishers and advertisers across the country. By 1849, Palmer had founded his own newspaper, V. B. Palmer's Register and Spirit of the Press, and had developed a complete system of advertising which included securing advertising space and placing ads in scores of commercial, political, religious, scientific and agricultural journals across the country. Palmer went one step further than the "space jobbers" of the day when he began offering "advertisements carefully drawn for those who have not the time to prepare an original copy." Always an enthusiastic promoter of advertising as an incentive to trade and American economic growth, Palmer promised advertisers that "every dollar paid for advertising in country newspapers will pay back twenty-fold" and encouraged skeptical consumers that "he who wishes to buy cheap should buy of those who advertise." When Palmer died in 1863, the agency was bought by his bookkeeper, John Joy, who joined with another Philadelphia advertising agency to form Joy, Coe & Sharpe. That agency was bought out again in 1868 and renamed Coe, Wetherill & Company. In 1877, Coe, Wetherill and Company was bought out by the newly formed NW Ayer & Son.
Francis Wayland Ayer was an ambitious young schoolteacher with an entrepreneurial streak. Having worked for a year soliciting advertisements on a commission basis for the publisher of the National Baptist weekly, Francis Ayer saw the potential to turn a profit as an advertising agent. In 1869, Ayer persuaded his father, Nathan Wheeler Ayer, to join him in business, and with an initial investment of only $250.00, NW Ayer & Son was born. Notwithstanding a smallpox epidemic in Philadelphia in 1871 and the general economic depression of the early 1870s, the agency flourished. The senior Ayer died in 1873, leaving his interest in the agency to his wife, but Francis W. Ayer bought her out, consolidating his interest in the company's management. In 1877, with Coe, Wetherill & Company (the successor to Palmer's 1841 agency) on the verge of bankruptcy and heavily indebted to Ayer for advertising it had placed in Ayer publications, Ayer assumed ownership of that agency. Thus did NW Ayer lay claim to being the oldest advertising agency in the country.
Both Nathan Wheeler and Francis Wayland Ayer began their careers as schoolteachers, and one of their legacies was a commitment to the cause of education: correspondence schools and institutions of higher learning were historically well-represented among Ayer clients. Just after World War I, the agency was heralded as "co-founder of more schools than any citizen of this country" for its conspicuous efforts to advertise private schools. Well into the 1960s, an "Education Department" at Ayer prepared advertisements for over three hundred private schools, camps and colleges, representing almost half the regional and national advertising done for such institutions. In fact, to its clients Ayer presented advertising itself as being akin to a system of education. In 1886, Ayer began promoting the virtues of the Ayer way advertising with the slogan, "Keeping Everlastingly at It Brings Success."
The agency's goals were simple: "to make advertising pay the advertiser, to spend the advertiser's money as though it were our own, to develop, magnify and dignify advertising as a business." Initially, Ayer's fortunes were tied to newspapers, and the agency began to make a name for itself as compiler and publisher of a widely used American Newspaper Annual. During the first years, Ayer's singular goal was "to get business, place it [in newspapers] and get money for it"; after several years as an independent space broker, however, Francis Ayer resolved "not to be an order taker any longer." This decision led NW Ayer and Son to a change in its mode of conducting business which would revolutionize the advertising industry: in 1876, Ayer pioneered the "open contract" with Diggee & Conard, Philadelphia raised growers and agricultural suppliers. Prior to the open contract, NW Ayer & Sons and most agencies operated as "space-jobbers," independent wholesalers of advertising space, in which the opportunities for graft and corrupt practices were virtually unlimited. In contrast, the open contract, wherein the advertiser paid a fixed commission based on the volume of advertising placed, aligned the advertising agent firmly on the side of the advertiser and gave advertisers access to the actual rates charged by newspapers and religious journals. The open contract with a fixed commission has been hailed by advertising pioneer Albert Lasker as one of the "three great landmarks in advertising history." (The other two were Lasker's own development of "reason-why" advertising copy and J. Walter Thompson's pioneering of sex appeal in an advertisement for Woodbury's soap.) Although the transition to the open contract did not happen overnight, by 1884, nearly three-quarters of Ayer's advertising billings were on an open contract basis. Since Ayer was, by the 1890s, the largest agency in America, the switch to direct payment by advertisers had a significant impact on the advertising industry, as other agencies were forced to respond to Ayer's higher standard. Just as important, the open contract helped to establish N W Ayer's long-standing reputation for "clean ethics and fair dealing" -- a reputation the agency has guarded jealously for over a century.
The open contract also helped to establish Ayer as a full service advertising agency and to regularize the production of advertising in-house. From that point forward, Ayer routinely offered advice and service beyond the mere placement of advertisements. Ayer set another milestone for the industry in 1888, when Jarvis Wood was hired as the industry's first full-time copywriter. Wood was joined by a second full time copywriter four years later, and the Copy Department was formally established in 1900. The industry's first Art Department grew out of the Copy Department when Ayer hired its first commercial artist to assist with copy preparation in 1898; twelve years later Ayer became the first agency to offer the services of a full time art director, whose sole responsibility was the design and illustration of ads.
Ayer's leadership in the use of fine art in advertising has roots in this period, but achieved its highest expression under the guidance of legendary art director Charles Coiner. Coiner joined Ayer in 1924, after graduating from the Chicago Academy of Fine Arts. Despite early resistance from some clients, Coiner was adamant that "the use of outstanding palette and original art forms bring a greater return in readership, in impact and prestige for the advertiser." To this end, Coiner marshaled the talents of notable painters, illustrators and photographers, including N.C. Wyeth and Rockwell Kent (Steinway), Georgia O'Keefe (Dole), Leo Lionni (DuPont), Edward Steichen (Steinway, Cannon Mills), Charles Sheeler (Ford), and Irving Penn (DeBeers). Coiner believed that there was a practical side to the use of fine art in advertising, and his success (and Ayer's) lay in the marriage of research and copywriting with fine art, an arrangement Coiner termed "art for business sake." Coiner's efforts won both awards and attention for a series completed in the 1950s for the Container Corporation of America. Titled "Great Ideas of Western Man" the campaign featured abstract and modern paintings and sculpture by leading U.S. and foreign artists, linked with Western philosophical writings in an early example of advertising designed primarily to bolster corporate image. In 1994, Charles Coiner was posthumously named to the American Advertising Federation's Hall of Fame, the first full time art director ever chosen for that honor.
Coiner and fellow art director Paul Darrow also created legendary advertising with the "A Diamond Is Forever" campaign for DeBeers; ads featured the work of Pablo Picasso, Salvador Dali and other modernist painters. The "A Diamond is Forever" tagline was written in 1949 by Frances Gerety, a woman copywriter at Ayer from 1943 to 1970. In 1999, Ad Age magazine cited "A Diamond is Forever" as the most memorable advertising slogan of the twentieth century.
Coiner also earned respect for his volunteer government service during World War II; he designed the armbands for civil defense volunteers and logos for the National Recovery Administration and Community Chest. As a founding member of the Advertising Council in 1945, Ayer has had a long-standing commitment to public service advertising. In the mid-1980s, Ayer became a leading force in the Reagan-era "War on Drugs". Lou Hagopian, Ayer's sixth CEO, brokered the establishment of the Partnership for a Drug-Free America, a media coalition which generated as much as a million dollars a day in donated advertising space and time to prevent the use and abuse of illegal drugs. Famous names appear among NW Ayer's clientele from the very earliest days of the agency. Retailer John Wanamaker, Jay Cooke and Company, and Montgomery Ward's mail-order business were among the first Ayer clients. The agency has represented at least twenty automobile manufacturers, including Cadillac, Chrysler, Ford, General Motors, Plymouth, and Rolls-Royce. Other major, long-term clients through the years have included American Telephone & Telegraph, Canada Dry, Cannon Mills, Hills Bros. Coffee Company, Kellogg's, R. J. Reynolds, Steinway and Sons, United Airlines, and the United States Army. By the time of Ayer's hundredth anniversary in 1969, some of these companies had been Ayer clients for decades if not generations, and the longevity of those relationships was for many years a source of Ayer's strength.
But the advertising industry began to change in the late 1960s and 1970s, due in part to a "creative revolution." Small advertising agencies won attention with provocative copywriting and art direction that more closely resembled art than advertising. Advances in market research allowed clients to more narrowly tailor their advertising messages to distinct groups of consumers, and this led to a rise in targeted marketing which could more readily be doled out to specialized small agencies than to larger, established firms like NW Ayer & Son. The civil rights and anti-war movements also contributed to increasing public skepticism with the values of corporate America, and by extension, with some national advertising campaigns. Older, more conservative firms like Ayer were hard pressed to meet these new challenges.
About 1970, in an effort to meet these challenges and to establish a foothold on the West Coast, Ayer bought out two smaller agencies--Hixson & Jorgenson (Los Angeles) and Frederick E. Baker (Seattle). The agency relocated from Philadelphia to New York City in 1974 in an attempt both to consolidate operations (Ayer had operated a New York office since the 1920s) and to be closer to the historic center of the advertising industry. Riding the wave of mergers that characterized the advertising industry in the late 1980s and 1990s, Ayer continued to grow through the acquisition of Cunningham & Walsh in 1986 and Rink Wells in 19xx.
During this transitional period, Ayer received widespread acclaim for its work for the United States Army, which included the widely recognized slogan "Be All You Can Be". Ayer first acquired the Army recruitment account in 1967 and with help from its direct marketing arm, the agency was widely credited with helping the Army reach its recruitment goals despite an unpopular war and plummeting enlistments after the elimination of the draft in 1973. Ayer held the account for two decades, from the Vietnam War through the Cold War, but lost the account in 1986 amid government charges that an Ayer employee assigned to the account accepted kickbacks from a New York film production house. Despite Ayer's position as the country's 18th largest agency (with billings of $880 million in 1985), the loss of the agency's second largest account hit hard.
NW Ayer made up for the loss of the $100 million dollar a year Army account and made headlines for being on the winning end of the largest account switch in advertising history to date, when fast food giant Burger King moved its $200 million dollar advertising account from arch-rival J. Walter Thompson in 1987. Burger King must have had drive-thru service in mind, however, and Ayer made headlines again when it lost the account just eighteen months later in another record-breaking account switch. Another devastating blow to the agency was the loss of its lead position on the American Telegraph and Telephone account. Ayer pioneered telecommunications advertising in 1908, when the agency was selected to craft advertising for the Bell System's universal telephone service. Despite valiant efforts to keep an account the agency had held for most of the twentieth century, and for which they had written such memorable corporate slogans as American Telephone &Telegraph "The Voice with a Smile" and "Reach Out and Touch Someone", the agency lost the account in 1996.
After a wave of mergers and acquisitions in the late 1980s, the economic recession of the early 1990s hit Madison Avenue hard, and Ayer was particularly vulnerable. Despite the agency's long history and roster of "blue-chip" clients, Ayer was not known for cutting-edge creative work. Moreover, though the agency had offices overseas, Ayer had never built a strong multinational presence, and many of the smaller international offices were sold during the financial turmoil of the 1980s. This left a real void in the new climate of global marketplace consolidation. By about 1990, earnings were declining (although Ayer was still among the top twenty United States agencies in billings), and the agency was suffering from client defections, high management turnover, expensive real estate commitments and deferred executive compensation deals, all fallout of the high-flying 1980s. This was the atmosphere in 1993, when W.Y. Choi, a Korean investor who had already assembled a media and marketing empire in his homeland, began looking for an American partner to form an international advertising network. Jerry Siano, the former creative director who had recently been named Ayer's seventh CEO, was in no position to refuse Choi's offer of $35 million to buy the now floundering agency. The infusion of cash was no magic bullet, however. Choi took a wait-and-see approach, allowing his partner Richard Humphreys to make key decisions about Ayer's future, including the purging of senior executives and the installation of two new CEOs in as many years.
The agency's downward trend continued with the loss of another longtime client, the DeBeers diamond cartel in 1995. Adweek reported that Ayer's billings fell from $892 million in 1990 to less than $850 million in 1995. Several top executives defected abruptly, and the agency failed to attract major new accounts. Ayer was facing the loss not merely of revenue and personnel, but the loss of much of the respect it once commanded. Ayer remained among the twenty largest U.S. agencies, but an aura of uncertainty hung over the agency like a cloud. A new CEO was appointed, and Mary Lou Quinlan became the agency's first woman CEO in 1995. A year later, Ayer and another struggling top twenty agency, D'arcy, Masius, Benton & Bowles, combined as part of the McManus Group of companies. In 1998, the McManus Group had worldwide billings of more than $6.5 billion.
Under the McManus Group, Ayer was able to expand its international operations and begin to rebuild a stronger global presence. Several important new clients were won in 1997 and 1998, including Avon, General Motors, Kitchenaid, several Procter & Gamble brands and, most notably, Continental Airlines worldwide accounts. Born in the nineteenth century, Ayer may be one of a very few advertising agencies to successfully weather the economic and cultural transitions of both the twentieth and twentieth first centuries. Ayer was eventually acquired by the Publicis Groupe based in Paris, France which closed down the N.W. Ayer offices in 2002.
Related Materials:
Materials in the Archives Center
Warshaw Collection of Business Americana (AC0060)
Hills Bros. Coffee Incorporated Records (AC0395)
Provenance:
The collection was donated by N W Ayer ABH International, April 15, 1975 and by Ayer & Partners, October 30, 1996.
Restrictions:
The collection is open for research use.
Physical Access: Researchers must use microfilm copy. Researchers must handle unprotected photographs with gloves. Researchers must use reference copies of audiovisual materials. When no reference copy exists, the Archives Center staff will produce reference copies on an "as needed" basis, as resources allow.
Technical Access: Viewing the film portion of the collection without reference copies requires special appointment, please inquire; listening to audio discs requires special arrangement. Do not use original materials when available on reference video or audio tapes.
Rights:
Publication and production quality duplication is restricted due to complex copyright, publicity rights, and right to privacy issues. Potential users must receive written permission from appropriate rights holders prior to obtaining high quality copies. Archives Center cost-recovery and use fees may apply when requesting reproductions.
Arthur Ehrat invented and patented a breakaway basketball rim, fashioning his prototypes from bolts, metal braces and one key part: a piece of the heavy-duty coil spring on a John Deere cultivator. His invention helped to revolutionize the way basketball is played because players could slam dunk the ball with fewer injuries and without bending the rims or breaking backboards. This collection includes correspondence, legal documents --such as patent papers, litigation files and licensing agreements --photographs and sketches that relate to the basketball invention, as well as materials regarding his two field spreader patents and other invention ideas.
Scope and Contents:
The collection is divided into five series and consists of approximately seven cubic feet.
This collection includes correspondence and legal documents--such as patent papers, litigation files and licensing agreements--that relate to Arthur Ehrat's basketball goal, as well as materials regarding his field spreader patents and other invention ideas. The bulk of the collection is made up of attorney correspondence, patent infringement documents, and patent licensing documents. The collection also contains handwritten notes by Arthur Ehrat and his attorneys, sketches of his inventions, an oral history interview, and photographs.
Attorney McPherson Moore sent many of the legal documents and correspondence to Ehrat. These documents were assembled by the law firms for which Moore worked. The original order has been preserved.
The correspondence consists of letters from attorney McPherson Moore to Ehrat and from Moore or his associates to other attorneys regarding litigation, pending licensing agreements, and other actions. The correspondence contains handwritten notes, promotional materials for sporting goods companies, drafts of legal documents, copies of patents and other enclosures. The majority of the correspondence is copies.
Correspondence found throughout the collection is key to understanding the legal documents because it provides insight into the legal negotiations behind the settlement and licensing process, and the diligence necessary to protect a viable patent from infringement. Correspondence should be read in conjunction with litigation and licensing documents to gain a better sense of the negotiations between attorneys and how and why the legal documents were created.
Throughout this collection, reference is made to legal terms, including pleadings, production documents, discovery, patent infringement, file histories, and Bates numbers. Series 3, Civil Action and Settlement Records has numerous sets of pleadings, which are the legal documents filed in a lawsuit. These documents encompass complaints, petitions, answers, motions, declarations, and memoranda.
The discovery process is the effort of one party to a lawsuit to get information from the other party prior to a trial. This is done through depositions, requests for or production of documents, and interrogatories (written questions to the other party).6
Bates numbers --named after the Bates Automatic Numbering Machine patented in the late 1800s --are used to identify documents with a unique number. The parties to a lawsuit use these numbers to keep papers in order when they are sent to the other party during discovery. This collection contains sets of production documents stamped with Bates numbers. (See Series 3, Subseries 8: Ehrat v. Icon, Proform and K's Merchandise, 1984-1996)7
Patent infringement is "the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver."8
A patent file history (also called a file wrapper) is a folder maintained by the United States Patent and Trademark Office. It contains all of the correspondence and documents from a patent application.9 See Series 2, Subseries 2 for the file history of Ehrat's United States Patent No. 4,365,802.
Series 1: Background Materials, 1968-2005, 2011
This series, which is further divided into three subseries, comprises oral history interviews, early sketches of Ehrat's basketball goal, articles about slam dunking, Ehrat's breakaway rim, correspondence and notes, income and expense records (including legal expenses), photographs and facsimiles of photographs, and invoices from the components Ehrat purchased when he created prototypes. One receipt documents the heater Bob Copelin purchased for his new shed in 1975, around the time Ehrat began inventing. This was significant when Ehrat was trying to prove to the United States Patent Office that he had his idea before Frederick Tyner.
Subseries 1: Ehrat History, 1968-2005
Correspondence in this subseries includes a handwritten list of possible names for the basketball rim, one which Ehrat titled, "The Rebounder Has Been Tested." The correspondence also contains copies of letters sent to the United States Patent Office intended to prove that Ehrat's rim was unique; a letter from National Basketball Association saying that, after testing, it is going to use Kenneth Mahoney's (Toss Back) rim instead of Ehrat's; letters from basketball halls of fame; and copies of e-mail from the Smithsonian. This subseries has an original sketch of Ehrat's basketball goal with annotations. Also included is a 1 D2" VHS tape of Ehrat explaining the components he used to fashion his first breakaway rim prototypes and a news segment in which Ehrat was interviewed about his invention at the Chicago Board of Trade. The audio and video recordings contain some repetition of information.
Subseries 2: Photographs and Clippings, 1973-2005
Color photocopies of photographs depicting early rims; a birthday gathering for Ehrat's father, William Ehrat, circa 1974-1975 (used to help prove that he was working on the rim before Frederick Tyner); Ehrat giving a rim to Virden High School; Ehrat with sportscaster Dick Vitale; and a studio shot of his daughters, Rose, Jo, Sharon, Jane, and Linda.
Three photographs in this subseries show prototype rims with coil springs. Ehrat holds up one of these photographs in the video history, but he does not discuss the photographs' origin. There are no markings of any kind on the photographs.
Subseries 2 also contains field photographs taken by John Fleckner, National Museum of American History staff, in May 2005. Field photographs include: the grain elevator Ehrat managed; rim prototypes; and a donated rim hanging on the gym wall at Virden High School.
Articles in this subseries are from the Virden Recorder, The State Journal-Register, Chicago Tribune, The Wall Street Journal, and Kentucky Living. The topics covered include collapsible rims and breakaway rims; Ehrat and his invention; and the Smithsonian Institution's interest in the breakaway rim. Also included is a clipping from Farmers Elevator Co.'s meeting minutes from December 15, 1973, in which the board voted to relinquish rights to any patent or product created by Ehrat.
Subseries 3: Oral History Interview, 2005
A May, 2005, interview of Ehrat by John Fleckner at Ehrat's home in Virden, IL. Ehrat discusses his background, attorney Ralph Staubly, basketball rims he built, and a slam dunk contest that his nephew Randy Albrecht helped organize in the early 1980s at St. Louis Community College. Subseries 3 also contains Digital video disks (DVD) in which Ehrat discusses the documents he sent to the Archives Center, National Museum of American History. There is some repetition of topics discussed in the audio and video recordings.
Series 2: Patent Records for Basketball Rim, 1865-1984 (bulk 1970s-1984)
This series, divided into four subseries, contains copies of patents used as research or as prior art for Ehrat's patent application, a file history of the patent, correspondence/notes from Ehrat and his attorneys, and legal papers sent from Ehrat's first attorney, Ralph Staubly, to McPherson Moore.
Subseries 1: Ehrat and Dittrich Patents, 1979-1984
Copies of Ehrat's United States Patent No. 4,365,802, deformation-preventing swingable mount for basketball goals and William Dittrich's two patents, United States Patent No. 4,151,989, basketball practice device and United States Patent No. 4,465,277, basketball goal structure.
Subseries 2: Research and File History, 1865-1984
The complete patent file history consists of a list of actions taken (rejections, appeals, civil action filed) on the patent application for United States Patent No. 4,365,802. Pages 19-23 are copies of letters sent to United States Patent Office to establish the rim's unique qualities after the examiner's interference search found Frederick Tyner's patent (United States Patent No. 4,111, 420, Energy-absorbing basketball goal/backboard unit) and ruled Ehrat's invention was too similar.
Subseries 3: Correspondence and Notes, 1976-1984
Two sets of letters from acquaintances. The first set, 1977-1978, was sent to the United States Patent Office and provide a sense of the invention's unique quality. The second set, 1983-1984, consists of letters written by Ehrat's friends and was used in Basketball Products International and Ehrat v. Mt. Vernon School District and Porter (Series 3, Subseries 1) to establish that Ehrat had his breakaway rim idea before Frederick Tyner. A letter in the correspondence folder for this litigation, dated February 23, 1984, mentions that copies of these letters were sent to Basketball Products International. Also in this subseries is a transcript of a phone conversation between Ehrat and attorney McPherson Moore about when Ehrat had the idea for a breakaway rim and who knew about it.
Subseries 4: Files from Ehrat's First Attorney, Ralph Staubly, 1976-1982
Includes the file about Ehrat sent from Ralph Staubly to McPherson Moore when Ehrat changed legal representation in 1983. The folder contains originals, copies, and drafts of documents sent to the United States Patent Office, some with annotations. Also included is a high school basketball rulebook, 1977-1978, and the notes Ralph Staubly used to write an affidavit for Ehrat's patent application in which Ehrat swears he invented before Frederick Tyner.
Series 3: Civil Action and Settlement Records, 1984-1996
This series is divided into eight subseries. It contains full and partial sets of case pleadings, with pleadings indices, from eight court cases, attorney correspondence and notes, depositions of Ehrat and Frederick Tyner, case judgments, and signed settlements.
In 1984, Ehrat and Basketball Products International were plaintiffs or defendants together in five civil action lawsuits that involved sporting goods companies, including Porter Equipment Company, Gared Company, and Toss Back. These lawsuits and their correspondence should be consulted in conjunction with one another.
Subseries 1: Basketball Products International and Ehrat v. Mt. Vernon School District and Porter, 1984
Civil action, February 1984-June 1984: The complaint alleges patent infringement by sporting goods company Porter for manufacturing products embodying the invention, and infringement by Mt. Vernon School District (WA) for purchasing Porter basketball goals. Action dismissed June 11, 1984. This subseries contains the subpoena and deposition of Frederick Tyner regarding United States Patent No. 4,111, 420, Energy-absorbing basketball goal/backboard unit. It also contains plaintiff's exhibits, numbered 1-31, which include Tyner's notes, documents, and facsimiles of photographs related to his patented basketball goal.
Subseries 2: Porter Equipment Company v. Basketball Products International and Ehrat, 1984
Civil action, April 1984-June 1984: The complaint alleges that Ehrat's and Basketball Products International's patents are invalid and unenforceable and that Porter and Mt. Vernon School District did not infringe. Porter calls for dismissal or transfer of the case. The pleadings index for Vol. 1 has a note at the bottom that says "Start Vol. 2," but Vol. 2 is not in the collection.
Subseries 3: Gared Company v. Basketball Products International and Ehrat, 1984-1988
Civil action, March 1984-October 1984: This action is in response to letters sent by attorney McPherson Moore threatening a lawsuit if Gared Company does not cease manufacture of infringing goals. Gared Company files a complaint for declaratory judgment, calling the patent invalid and alleging unfair competition. A stipulated dismissal of complaint was signed by Moore and Ralph Kalish, Gared Company's legal counsel. Declaratory judgment is the judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.
Of note in this subseries is the deposition of Ehrat regarding his involvement with Gared Company and the city of St. Louis, where the company is based. Gared Company's counsel, Ralph Kalish, asks Ehrat questions about his nephew, Randy Albrecht. Ehrat purchased 12 rims from Gared Company, on the advice of his nephew, for the purpose of building and testing his releasable basketball goals. Kalish tries to assess whether there was a profit motive and how Gared Company's goals factored into that.
Subseries 4: Basketball Products International and Ehrat v. Gared Company, 1984
Civil action, April 1984-June 1984: Complaint filed against Gared Company and Athletic Supply (which purchased Gared Company goals) for patent infringement. The case was dismissed.
Subseries 5: Basketball Products International and Ehrat v. Toss Back
Civil action, May 1984-June 1984: Complaint filed against Toss Back and the cities of Seattle and Tacoma (which purchased Toss Back basketball goals) for patent infringement. There is no evidence of a settlement or of court action. Toss Back signed a licensing agreement with Ehrat in 1985 (See Series 4, Licensing Agreements).
Subseries 6: Ehrat v. Gared Company and Nixdorff-Krein Industries, 1982-1990 (bulk 1987-1990)
Civil action, 1988-1990: Complaint filed against sports equipment company Gared and its parent company, Nixdorff-Krein Industries, for patent infringement. Request for passing case for settlement filed by Ehrat's attorney, McPherson Moore, and granted by the court. The signed settlement is in this subseries. This subseries has file histories of Gared Company patents. A file history (or file wrapper) is a folder kept at the United States Patent and Trademark Office that has all of the correspondence and documents from a patent application
Subseries 7: Ehrat v. Diversified Products, 1989-1994
Civil action, 1993: A complaint was filed against Diversified Products after a series of letters calling for the company to cease manufacture and sales of infringing basketball goals went unheeded. The parties were granted a consent judgment to settle out of court. The signed settlement is in this subseries.
Subseries 8: Ehrat v. Icon Health & Fitness Inc., Pro Form Fitness Products Inc., and K's Merchandise Mart, 1984-1996 (bulk 1994-1996)
The Icon Health & Fitness Inc. (hereinafter Icon) pleadings consist of two volumes, Vols. 2 and 3. Vol. 1 is missing. There is a draft of the first page of Ehrat's complaint against Icon in Box 9, Folder 3. A consent judgment was entered, and the parties settled out of court. The signed settlement is in this subseries.
There are two categories of production documents in this subseries, those for the plaintiff (three folders) and those for the defendant (seven folders), that have Bates numbers affixed to or printed on the bottom of the pages. Bates numbers are used to identify documents with a unique number. The parties to a lawsuit use these numbers to keep papers in order when they are sent to the other party during discovery.
The plaintiff's production documents include Bates numbers 1-205. Numbers 1-105 contain Ehrat's patent file history; numbers 107-205 are copies of Ehrat's licensing agreements through 1993.
In the defendant's production documents, one folder has Bates # I10001 and other numbered pages that are not in a particular order. Bates numbers I10068- I10882 include the file history for United States Patent No. 4,365,802, deformation-preventing swingable mount for basketball goals; correspondence among defendant's attorneys; copies of patents; and copies of licensing agreements through 1993.
Series 4: Licensing Agreements, 1982-2000 (bulk 1980s-1990s)
This series is divided into twenty-six subseries and encompasses materials pertaining to Ehrat's relationships with numerous companies that manufacture or sell sports equipment. These materials include correspondence and notes, licensing agreements and drafts of agreements, Dun and Bradstreet financial reports, catalogs, pamphlets, and other promotional materials. Ehrat and attorney McPherson Moore used the promotional materials to determine whether the companies were marketing or selling basketball goals that infringed on Ehrat's patent, then contacted the companies about licensing Ehrat's patent. With the exception of Subseries 1: Correspondence and Subseries 6: William Dittrich Patents, each subseries represents a different company.
To better understand Ehrat's relationships with these companies, researchers should consult Subseries 1: Correspondence, as well as the correspondence within specific subseries, in conjunction with licensing agreements and other documents in this series.
There are thirteen signed licensing agreements in this series, some of which bear original signatures. Ehrat's first licensee was with Basketball Products International, which signed an exclusive agreement in 1983. In November, 1984, after five civil action lawsuits in which Ehrat and Basketball Products International were either co-plaintiffs or co-defendants, the company signed a nonexclusive licensing agreement. Drafts of the agreements exist for some companies, but there is no evidence that the agreements were signed. In some cases, correspondence indicates which companies were not interested in entering into an agreement.
Ehrat's licensees include Huffy (signed May 1988); Basketball Products International, exclusive license (signed July 1983), nonexclusive license (signed November 1984); Toss Back (signed January 1985); Porter Equipment Company (signed 1985 and 1989); RDH Enterprises/Schutt (signed August 1991); Industrial Machine Specialties/Bison (signed January 1987); Lifetime Products (signed March 1989); Fisher-Price (owned by Quaker Oats, signed April 1988); Indian Industries/Harvard Sports (signed June 1991); McCullough (signed April 1990); and Sure Shot (signed March 1991).
Companies in this series without signed licensing agreements include Medart; Blazon-Flexible Flyer; Spang/Today's Kids; Sports and Leisure/Ideas That Sell; Wilson Sporting Goods; Hutch Sporting Goods; Aalco; Bergfeld Recreation; Future Pro; MacGregor; Pro-Bound; Architectural Design Products; and Hyland Engineering.
Settlements and licensing agreements that Ehrat signed with Gared Company, Diversified Products, and Icon appear only in Series 3, Civil Action and Settlement Records.
Subseries 6, William Dittrich Patents, contains correspondence and documents relating to the patent and royalty agreement Dittrich made with Ehrat in 1987. Dittrich had two basketball-related patents but had difficulty getting companies to license with him because there was confusion about his patents and those of Ehrat and Frederick Tyner. Dittrich contacted Ehrat's attorney, McPherson Moore, and they worked out an agreement. Ehrat acquired Dittrich's patents and they joined forces to attract licensing agreements and to split royalties and litigation settlements. Subseries 6 also has the transcript of a 1986 phone conference between William Dittrich and McPherson Moore regarding a possible joint agreement with Ehrat and the patent file history for United States Patent No. 4,151,989, basketball practice device. There is no file history for Dittrich's other patent, United States Patent No. 4,465,277, basketball goal structure, but there are pieces of the file history in this subseries. Subseries 6 also includes drafts and signed patent assignment papers and a signed licensing agreement between Ehrat and Dittrich, 1987.
Subseries 9, Lifetime Products, consists of itemized lists of attorney's fees from McPherson Moore for November 30, 1987, to February 28, 1989. The fees are for research, phone calls, photocopies, correspondence, and litigation documents for Ehrat v. Gared Company. The companies listed in these papers include Gared Company, Lifetime, Huffy, Fisher-Price, Sports and Leisure, Today's Kids, Toss Back, and Blazon.
Subseries 16, McCullough contains a Dunk-Kit (see Box 18), which Ehrat purchased in 1989. The Dunk-Kit is a set of springs and bolts that turn a set basketball goal into a breakaway goal. According to attorney McPherson Moore, the springs and bolts constituted an infringement of Ehrat's patent. McCullough disagreed with this assessment but eventually agreed to a monetary settlement.
Series 5: Field Spreader Patents and Other Ideas, 1977-2003
Subseries 1: Field Spreader Patents, 1977-2003
This subseries contains copies of Ehrat's two field spreader patents: United States Patent No. 4,358,054, field-sprayer tank-vehicle having means for on-site metering and mixing of soil-treating chemicals and United States Patent No. 4,588,127, material-spreading field vehicle having means for on-site metering and mixing of soil-treating chemicals. It also contains magazines, articles, and pamphlets on agricultural equipment and litigation documents between SoilTeq and Ag-Chem.
Subseries 2: Other Ideas, 1971-1998
In the late 1980s and early 1990s, Ehrat came up with ideas for other inventions, but none of them were patentable. This subseries has original sketches for "electric clippers with box for holding clippings;" a beverage can with multiple containers; and an "automobile refreshment temperature control." Included in the folders are letters that outline the ideas behind the inventions and the reasons they were not patented. Also included are copies of patents that relate to Ehrat's ideas.
Series 6: Toby Dittrich Files, 1889-1997
This series, which is further divided into five subseries, contains administrative records, prior art, patent records, correspondence, litigation materials, financial records, marketing and sales materials, photographs, and newspaper clippings from William A. (Toby) Dittrich. Dittrich invented the "Dunk King" break-away basketball rim in the mid 1970s while he was a physics professor at Pacific Lutheran University in Washington State. Dittrich patented and marketed his rim with mixed success before selling the rights to his patents to Arthur Ehrat in the mid 1980s. The two agreed to market and license their products independently, and cooperatively share royalties and settlements from patent infringement cases.
Arrangement:
The collection is divided into five series.
Series 1: Background materials, 1968-2005
Subseries 1: Ehrat History, 1968-2005, 2011
Subseries 2: Photographs and Clippings, 1973-2005
Subseries 3: Oral History, 2005
Series 2: Patent records for basketball rim,1865-1984
Subseries 1: Ehrat and Dittrich Patents, 1979-1984
Subseries 2: Research and File History, 1865-1984
Subseries 3: Correspondence and Notes, 1976-1984
Subseries 4: Files from First Attorney, Ralph Staubly, 1976-1982
Series 3: Civil action and settlement records, 1984-1996
Subseries 1: Basketball Products International and Ehrat v. Mt. Vernon School District and Porter Equipment Company, 1984
Subseries 2: Porter Equipment Company v. Basketball Products International and Ehrat, 1984
Subseries 3: Gared Company v. Basketball Products International and Ehrat, 1984-1988
Subseries 4: Basketball Products International and Ehrat v. Gared Company --Pleadings, 1984
Subseries 5: Basketball Products International and Ehrat v. Toss Back, 1984
Subseries 6: Ehrat v. Gared Company and Nixdorff-Krein Industries, 1982-1989 (bulk 1987-1989)
Subseries 7: Ehrat v. Diversified Products, 1989-1994
Subseries 8: Ehrat v. Icon Health & Fitness Inc., Pro Form fitness Products, Inc. and K's Merchandise Mart, 1984-1996 (bulk 1994-1996)
Series 4: Licensing agreements, 1982-2000 (bulk 1980s-mid-1990s)
Subseries 5: Other Inventions and Ideas, 1978-1980
Biographical / Historical:
Arthur Henry Ehrat was born December 20, 1924. He grew up on a farm near Shobonier, IL, east of St. Louis. Ehrat had four sisters and a brother: Dorothea, Ruth, Bernice, Grace and Walter. Growing up on a farm during the Great Depression, Ehrat learned farming skills, including milking, baling, and operating heavy equipment such as threshing machines. After graduating from Vandalia High School he moved to Wheaton, IL, to work on a farm. From the latter part of 1945 until 1947, Ehrat was an Army medic, stationed in Fort Sheridan, IL; Camp Atterbury, IN; Fort Meade, MD; and Manila, Philippines. After his Army service, Ehrat moved back to Illinois and spent a few years farming with his brother.
In the early 1950s Ehrat lived with his sister Bernice and her family in Minneapolis while attending a two-year course at Minneapolis Business College. Upon completion of the course, he returned to Virden, IL and worked at a grain elevator. Ehrat met Mary Mardell Worth in Virden. They were married June 27, 1954, and had five daughters: Rose, Jo, Sharon, Jane and Linda. Ehrat managed the grain elevator at Farmers Elevator Co. in Lowder, IL for nearly 30 years.
In the mid-1970s, Ehrat's nephew, Randy Albrecht, a coach at St. Louis University, mentioned that basketball players were slamming the basketball ball through the rim and hurting themselves, as well as bending or breaking the rims, which were affixed directly to the backboard. The bent rims had to be straightened, causing a delay of game. While Ehrat never had a strong interest in the game of basketball, Albrecht suggested his uncle, who was known as a tinkerer, come up with a safer basketball rim. The conversation sparked a few ideas. Ehrat bought a flimsy $20 basketball rim and began building a prototype.
Basketball fans during the 1940s and 1950s didn't see many slam dunks. Despite the leaping ability of stars Bob Kurland, George Mikan, and James Clifford Pollard, aka "the Kangaroo Kid," the dunk shot was considered showboating and was often done only in practice. Basketball players, whose average size was smaller in the mid-20th century, viewed the dunk as a low-percentage shot compared with the ubiquitous jump-shot.
In 1967, the National Collegiate Athletic Association (NCAA) outlawed dunking. A few years later, Julius "Dr. J" Erving, who played professionally for the American Basketball Association's Virginia Squires, re-ignited excitement about basketball with his high-flying slams. In the first half of 1976, a few months before Ehrat first applied for a patent, the dunk was reinstated in college basketball.
At the professional level, flamboyant hoops star Darryl "Dr. Dunk" Dawkins shattered some glass backboards in the late 1970s and early 1980s, which prompted the National Basketball Association (NBA) to ban the shattering of backboards and make collapsible rims mandatory. The NBA's call for collapsible rims, along with the NCAA's reinstatement of the dunk, opened the door for innovations in basketball rims.
Collapsible rims, which folded down when pressure was applied to them, were the precursor to breakaway rims and had to be manually put back in place. Ehrat created a safer basketball rim that automatically snapped back after a slam dunk.
Ehrat's first rim, used a door spring. It was bolted to two plates, one that remained fastened while the other flexed down under pressure. The hinge was not strong enough, so he focused on creating a detent. A detent is a device that holds one mechanical part in relation to another so the device can be released when force is applied. If someone slam dunks a basketball and pulls on the rim, a detent would allow the rim to flex downward with minimal pressure on the backboard. Ehrat fitted some heavy-duty magnets between metal plates on the rim, but this did not work as he envisioned.
The turning point came when Ehrat decided to use a spring mechanism. Drawing upon his agricultural background, he pulled a spring from a John Deere cultivator, cutting it to fit the basketball rim. The thick, sturdy coil was able to withstand more than a hundred pounds of pressure before yielding downward and would push the rim back into place. In addition to the spring, he tested ball bearings, bolts, and corner braces before finding the right combination that would hold at least 150 pounds of pressure.
Once he had viable prototypes, Ehrat tested their durability. He sent one to Virden High School and enlisted Randy Albrecht, to test the other prototypes. Albrecht used his connections as a basketball coach at St. Louis Community College at Meramec to have prototypes installed at the schools where he worked. The rims were sent to other high schools and colleges by Ehrat. For more information on where the prototypes went, see his deposition in Series 3, Subseries 3. Ehrat estimated in his deposition that he built approximately 36-40 prototype rims.
It took six years, from July 1976 to December 1982, for Ehrat to receive the patent on his basketball goal (United States Patent No. 4,365,802, Deformation-preventing swingable mount for basketball goals). His application was rejected twice, with patent examiner Paul Shapiro noting that Frederick C. Tyner held a patent for a similar basketball goal (United States Patent No. 4,111, 420, energy-absorbing basketball goal/backboard unit).
Ehrat and his attorney, Ralph Staubly, pursued an appeal of the rejection. Staubly, a retired patent examiner had moved to Springfield, IL, in the 1970s to open a private practice. A major part of the appeal involved notarized letters from acquaintances who said that Ehrat's invention was unique and would be an asset to the sport of basketball. He also proved, through copies of canceled checks and a rough sketch of his invention, that he was working on his breakaway basketball goal in 1975 before Frederick Tyner conceived of his. In a 1984 deposition (Series 3, Subseries 1), Tyner placed the date of his invention near the last week of March or first week of April 1976, not long after he heard that the NCAA had reinstated dunking.
Ehrat won the appeal, effectively rendering the Tyner patent invalid. After Staubly fell ill and moved to Texas, and in early 1983, Ehrat found a new patent attorney,McPherson Moore of the St. Louis firm Rogers, Eilers and Howell, who became Ehrat's main legal counsel for approximately 20 years.
In February, 1983, two months after Ehrat received his patent, his attorney McPherson Moore sent certified letters to more than 60 sporting goods companies to announce the patent. The letters were sent to alert companies of possible infringement and to garner interest in licensing agreements.
During the basketball goal patent's 17-year lifespan, Ehrat obtained a dozen companies as licensees. Only Fisher-Price and Schutt Manufacturing signed without much difficulty. Ehrat worked to get the other companies licensed, in some cases filing patent infringement lawsuits or threatening to file them. Ehrat's first licensing agreement, signed in 1983, was with Basketball Products International.
Ehrat was involved in eight civil action lawsuits, five of which took place in 1984, when he had to prove for a second time that he had his idea for a breakaway goal before Tyner. Ehrat also defended his patent against other, similar patents issued to sporting goods companies in the early 1980s. Kenneth Mahoney of Toss Back, Charles Engle of Gared Company, and the Porter Equipment Co. all received patents for basketball goal devices, citing Ehrat's patent as prior art. Ehrat was involved in lawsuits with all three companies.
In 1986, Ehrat and attorney McPherson Moore were contacted by William "Toby" Dittrich, who held two patents --United States Patent No. 4,151,989, basketball practice device and United States Patent No. 4,465,277, basketball goal structure. Dittrich was having difficulty licensing his patents to companies because of the confusion over Ehrat's and Tyner's patents. Dittrich assigned his patents to Ehrat in 1987 and they signed a joint licensing agreement to split royalties and settlement money.
In addition to his basketball goal patent, Ehrat also holds two patents for agricultural inventions: United States Patent No. 4,358,054, field-sprayer tank-vehicle having means for on-site metering and mixing of soil-treating chemicals; and United States Patent No. 4,588,127, material-spreading field vehicle having means for on-site metering and mixing of soil-treating chemicals.
Arthur Ehrat died on July 9, 2015.
Related Materials:
Artifacts related to this collection were donated to the Museum's Division of Music, Sports and Entertainment, now the Division of Culture and Arts.
Provenance:
Donated to the Archives Center in 2005 by Arthur Ehrat. An addenda of materials related to Toby Dittrich was donated by Toby Dittrich in 2014.
Restrictions:
The collection is open for research.
Rights:
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
Reproductions of two photographs of Michael Jordan and Spike Lee, each with a basketball, advertising Air Jordan shoes. Photographer unidentified.
Local Numbers:
03044801.tif (AC Scan)
General:
In Box 27, Folder: Print Ads.
Collection Restrictions:
Collection is open for research but the master (preservation) tapes are stored off-site and special arrangements must be made to work with it. Contact the Archives Center for information at archivescenter@si.edu or 202-633-3270.
Collection Rights:
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
The collection includes four 90 minute audio tapes of interviews with Mr. Soltoff covering biographical information, education, work experience and professional career. Also included are: The interviewer's handwritten notes summarizing the interviews; and copies "Notes from Misosys", a publication on computer software edited by Mr. Soltoff.
Arrangement:
Divided into 3 series: 1) Audio tapes (four) of Roy Soltoff interviews by Jon Eklund, 1983; 2) Notes by Jon Eklund summarizing Soltoff interviews; 3) Publication, "Notes from Misosys", 1983 (six issues) edited by Soltoff.
Biographical / Historical:
This collection is primarily the product of four interviews with Roy Soltoff, a noted microcomputer programmer, conducted and taped in 1983 by Dr. Jon B. Eklund, Curator of Physical Sciences, NMAH.
Provenance:
Collection donated by Roy Soltoff.
Restrictions:
Collection is open for research.
Rights:
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
Avis Berman research material on art and artists measures 2.4 linear feet and dates from 1976-1994. Included are interviews conducted by Berman, correspondence, printed material, and drafts of writing for articles and essays published by Berman in preparation for various books, articles and exhibitions, magazines and museum and gallery catalog essays. Subjects include Romare Bearden, Adelyn Breeskin, Howard Chandler Christy, Chaim Gross, Geoffrey Holder and Carmen de Lavallade, Jacob Lawrence, Marisol, Mary Miss, Reuben Nakian, Maxfield Parrish, Helen Farr Sloan, John Sloan, Raphael Soyer, and others.
Scope and Contents:
Avis Berman research material on art and artists measures 2.4 linear feet and dates from 1976-1994. Included are interviews conducted by Berman, correspondence, printed material, and drafts of writing for articles and essays published by Berman in preparation for various books, articles and exhibitions, magazines and museum and gallery catalog essays. Subjects include Romare Bearden, Adelyn Breeskin, Howard Chandler Christy, Chaim Gross, Geoffrey Holder and Carmen de Lavallade, Jacob Lawrence, Marisol, Mary Miss, Reuben Nakian, Maxfield Parrish, Helen Farr Sloan, John Sloan, Raphael Soyer, and others.
Correspondence consists primarily of letters received from artists and art professionals Berman contacted during her research process for various assignments. This type of correspondence also appears in the artist and art workers files and the topical files of this collection.
The artist and art workers files contains a wide range of research material including correspondence, notes, and copies of published articles and book chapters, generally collected in preparation for a writing assignment. Some drafts for those writing assignments appear in the files as well.
Topical files consist of research materials compiled by Avis Berman on topics she researched and deloped primarily for the sake of writing projects, including correspondence, notes, and copies of published sources.
Arrangement:
The collection is arranged in three series:
Series 1: Correspondence, 1983-1989 (0.1 Linear feet: Box 1)
Series 2: Artists and Art Workers Files, circa 1976-1990 (1.2 Linear feet: Box 1-2)
Series 3: Topical Files, circa 1980-1994 (1.1 Linear feet: Box 2-3)
Biographical / Historical:
Avis Berman (1949- ) is a writer, curator, and historian of American art, architecture and culture based in New York, N.Y. She holds a bachelor's degree from Bucknell University and an master's degree from Rutgers Univerisy, both in English literature. She is the author of numerous books including Rebels on Eighth Street: Juliana Force and the Whitney Museum of American Art; James McNeill Whistler; and Edward Hopper's New York. She was also co-author and editor of Katharine Kuh's memoir, My Love Affair with Modern Art: Behind the Scenes with a Legendary Curator.
Berman has written numerous articles on subjects including painting, sculpture, photography, illustration, design, architecture, and the social history of the visual arts for a broad range of publications including The New York Times, The New York Review of Books, The Washington Post, Smithsonian, Saturday Review, The Boston Book Review, American Art, ARTnews, The San Francisco Examiner, The Boston Globe, The Philadelphia Inquirer, The Baltimore Sun, Art in America, Art & Antiques, House & Garden, and Architectural Digest.
Throughout the 1980s 1990s and 2000s Avis served as a consultant for the Archives of American Art, Washington, D.C., in her capacity as interviewer for the oral history project for which she has researched and interviewed countless artists, collectors, and other figures in the art world in Europe and the United States.
Related Materials:
Also in the Archives are the Avis Berman research material on Katharine Kuh, 1939-2006, research material on Julianna Force, circa 1930-2020, research material on Elie Nadelman, 2001, and an interview of Reuben Nakian conducted by Berman for the Archives Oral History Program, June 1981.
Provenance:
The collection was donated incrementally by Avis Berman 1981-1993 and 2021.
Restrictions:
This collection is open for research. Access to original papers requires an appointment and is limited to the Archives' Washington, D.C. Research Center.
Rights:
Interviews with Gross, Lawrence, and Nakian: Authorization to quote or reproduce for purposes of publication requires written permission from Avis Berman. Contact Reference Services for more information.
The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
The donor has retained all intellectual property rights, including copyright, that they may own in the following material: All writings by Avis Berman.
Occupation:
Art historians -- New York (State) -- New York Search this
Art critics -- New York (State) -- New York Search this
Authors -- New York (State) -- New York Search this
Kaslov, Steve, ca. 1888-1949 (King of the Red Bandanna Romany Gypsies ) Search this
Extent:
0.25 Cubic feet (4 boxes)
Type:
Collection descriptions
Archival materials
Photographs
Oral history
Interviews
Audio cassettes
Place:
Virgin Islands -- 1930-1940
New York (N.Y.) -- 1930-1940
Bowery (New York, N.Y.) -- 1930-1940
Chinatown (New York, N.Y.) -- 1930-1940
St. Thomas (Virgin Islands) -- 1930-1940
Date:
1985 - 1986
1930 - 1943
Scope and Contents:
This collection contains 273 silver gelatin photoprints (Series 1), most of which apparently were made during the 1930s and early 1940s, contemporaneously with the original negatives. All are 8" x 10" or slightly smaller, unmounted except for flush mounted linen on the backs of some prints. The photographs were made primarily in two locations, New York City and the Virgin Islands. The Virgin Islands pictures were made as part of a special documentary project in 1939, as described above, whereas the New York photographs stem from Mr. Alland's largely self assigned documentation of various ethnic and religious groups in New York from approximately 1932 to 1943. The projects include photographs of the "Red Bandanna" Romany Gypsy group in the Bowery, a black Jewish congregation, Mohawk Indians in Brooklyn, and other groups, which required extensive exploration, research, and photographing over periods of many days or weeks. A variety of miscellaneous ethnic and religious groups are covered in the general "Other Religions" and "Nationalities" folders. The contents of the "Judaism" folder include primarily New York sites and people, but there are also additional views of a synagogue from the Virgin Islands project.
Series 2 of the collection contains four cassette tape recordings of two interviews with Mr. Alland, three made by Richard Ahlborn (with Eugene Ostroff and Matt Salo) in 1985, and one by David Haberstich and Richard Ahlborn, June 2-3, 1986 (at which time the photographs were donated). The tapes include readings from his autobiography, personal reminiscences on his experiences as an immigrant and a photographer, and commentary on the photographs.
Arrangement:
The collection is arranged into two series.
Series 1: Photoprints, 1930-1943
Series 2: Audiotape Cassettes, 1985-1986
The photographs are arranged topically and by nationality.
Biographical / Historical:
Alexander Alland, Sr., was born in Sevastopol, Crimea (formerly in the Soviet Union) on 6 August 1902. His last name originally was Landschaft, but he legally changed it to Alland following the birth of his son. Alland's interest in photography began at the age of twelve, when he helped a local photographer with darkroom work. He constructed his own camera from cardboard with a simple meniscus lens and exposed glass plate negatives with the device.
Toward the end of the Civil War in Russia in 1920, Alland relocated in Constantinople, Turkey, where he was hired as an apprentice by a graduate of the Vienna Academy of Photography. When the Union Nationale des Combatants Francais went on a pilgrimage to Gallipoli, a former battle zone on the Dardanelles, he was asked to accompany them in order to document events. After having his request for a pay increase refused, he left his employer two years later and opened his own portrait studio, "Photo d'Art Russe." When civil unrest threatened Constantinople in 1923, he decided to emigrate to the United States.
During his first years in the United States he worked in photo finishing businesses while engaged in home portraiture independently. He married in 1929 and a son, Alexander, Jr., was born. In the 1930s he became one of the best known photographers portraying the life of immigrants and various ethnic groups in New York. (1) In 1936 he was appointed supervisor of the Photo Mural section of the W.P.A. Federal Art Project, and worked as a free lance photographer for magazines and periodicals featuring the activities of various ethnic groups living in New York City. He specialized in making photomurals with montage techniques. (2)
In 1937 Alland became photography instructor at the American Artists' School and joined the American Artists Congress. In 1939, his first book, Portrait of New York, was published and he became president of the "Exploration Photo Syndicate" and went to the U.S. Virgin Islands as part of a project to produce a pictorial record of the West Indian Islands. His photographs appeared in publications and were exhibited at the New School for Social Research and at the Schomberg Collection. In 1942 he joined the staff of Common Ground magazine as photography editor and was appointed by the National Youth Administration to supervise their photography workshop. His book American Counterpoint appeared in 1943 and was selected as "One of the Fifty Best Books of the Year." The original prints from that book were exhibited at the Museum of the City of New York, which also exhibited a portfolio of his work on American Gypsies. In 1944 he became director of an agency, "Pictures for Democracy," and in 1945 his book The Springfield Plan was proclaimed another "One of the Fifty Best Books of the Year."
During World War II Alland did technical photography for the War Department, receiving a commendation for this work. After another book My Dog Rinty was published, he left New York City to establish a school of photography, combined with a school of dance directed by his wife, Alexandra, a professional dancer and choreographer. (3) He then began to exhibit his own photographs and to collect glass plate negatives and vintage prints by significant photographers. He is perhaps best known for locating a collection of Jacob Riis negatives and making them available. In 1974 Aperture published his biography, Jacob A. Riis: Photographer and Citizen4. Because of his efforts in providing the Riis negatives to the Museum of the City of New York, that institution awarded a special commemorative medal to him in 1973. The Riis book was followed by two more studies of photographers, Jessie Tarbox Beals, First Woman News Photographer (5) and Heinrich Tonnies, Cartes de Visite Photographer Extraordinaire. (6)
Retrospective exhibitions of Alland's work were held in two major Danish museums in summer 1979 and he was honored for contributions to the cultural history of Denmark. In 1991 studies for his photomural work were included in an historical survey exhibition of American photomontage at the University of Maryland at College Park. (7).
Sources
1. My text is based upon the biographical information recorded on my taped interviews with Mr. Alland in this collection, but see also Bonnie Yochelson, The Committed Eye: Alexander Alland's Photography. New York: The Museum of the City of New York, Inc., 1991.
2. Merry A. Foresta, "Art and Document: Photography of the Works Progress Administration's Federal Art Project," in Official Images: New Deal Photography (essays by Foresta, Pete Daniel, Maren Stange, and Sally Stein), Washington: Smithsonian Institution Press, 1987, p. 153, based on an interview with Alland, January 1987.
3. Photographic historian Anne Peterson, contractor for three Archives Center photographic collection projects between 1986 and 1982, reports that she studied ballet as a child with Mrs. Alland.
4. Ibid.
5. Ibid.
6. Ibid
7. See catalog by Cynthia Wayne, Dreams, Lies, and Exaggeration: Photomontage in America. The Art Gallery, University of Maryland at College Park, 1991 (exhibition at the gallery Oct. 21 Dec. 20, 1991).
Related Materials:
Materials in the Archives Center
Carlos de Wendler Funaro Gypsy Research Collection (AC0161)
Contains additional Alland photographs. De Wendler Funaro also photographed Steve Kaslov, his family, and his Bowery coppersmith workshop.
Provenance:
Collection donated by Alexander Alland, June 3, 1986.
Restrictions:
Collection is open for research.
Rights:
Copyrighted material: photographs may not be reproduced without written permission from the Estate of Alexander Alland, Sr.
Topic:
Synagogues -- Photographs -- 1930-1940 -- New York, N.Y. Search this
Newspapers -- Photographs -- 1930-1940 -- New York N.Y. Search this
Muslims -- Photographs -- 1930-1940 -- New York N.Y. Search this
Minorities -- Housing -- 1930-1940 -- New York (State) -- New York Search this
Minorities -- Housing -- 1930-1940 -- Virgin Islands Search this
This collection is the result of a year-long study of Campbell's "Red and White" Soups advertising and marketing, supported in part by a grant from the Campbell Soup Company. Thirty-one oral history interviews were conducted by Dr. Barbara Griffith for the project, and a variety of related materials were gathered by the Center for Advertising History staff. The objective of the project was to create a collection that provides documentation, in print and media, of the history and development of advertising for Campbell's Red and White Soups in the decades following World War II.
Scope and Contents:
This collection is the result of a year-long study of Campbell's "Red and White" Soups advertising and marketing campaigns. Oral histories conducted by Smithsonian Institution staff with individuals involved with the Campbell's Soup Corporation and its advertising campaigns form the core of the collection. Also included are clippings and background research files, abstracts of the oral history interviews, television and radio commercials, company publications, and promotional items and packaging.
A 2015 addition to the collection was born digital and consists of materials from the groundbreaking "Real Life Campaign" which featured inter-racial couples as well as a gay couple. These materials include storyboards, scripts, consumer feedback both postive and negative, focus group material, labels, commercials, supporting documentation on the development and implementation of the campaign. These materials are available in the Smithsonian Institution DIgital Asset Management System (DAMS).
Arrangement:
Collection is organized into nine series.
Series 1, Research Files, 1939-1989
Series 2, Interviewee Files, 1989-1990
Series 3, Oral Histories, 1989-1990
Series 4, Television Commercials, 1957-1990
Series 5, Radio Commercials, 1966-1975
Series 6, Print Advertisements, 1905-1989
Series 7, Promotional Items and Packaging, 1968-1991
Series 8, Company Publications, 1983-1988
Series 9, Real Life Campaign, 2015
Biographical / Historical:
The Campbell Soup Company's "Red and White" advertising campaigns are remarkable not only for their longevity, but for the consistency of the advertising message. Since 1898, when the red and white label was incorporated, the packaging and the message have changed only marginally. When Andy Warhol painted his pop art Campbell Soup cans in the early 1960s, he presented an immediately recognizable image with which all of America could identify.
Campbell's condensed soups, first marketed in 1897, have become a staple of the 20th century American household. The Joseph Campbell Preserve Company, a canning concern which grew out of an 1869 business partnership between a fruit merchant and an ice box manufacturer, was well established by the time Arthur Dorrance succeeded Joseph Campbell as president. When Dorrance's nephew, John T. Dorrance, a chemical engineer and organic chemist trained at MIT, developed a process for making condensed soup, the company was faced with the task of successfully marketing the revolutionary new convenience food. The soup won a gold medallion for excellence at the 1900 Paris Exposition, and the company incorporated the image on its labels and in its advertising.
In the developing consumer culture which began to grow during and after the industrial revolution, women were identified as the primary consumers of household goods and services. Homemakers have been the target of Campbell' s Red & White advertising since its inception, and this focus is reflected both in the content and the placement of the advertising. The identification of a predominately female consumer market was also influential in the creation of a widely recognized and long-lived symbol, the Campbell Kids, created in 1904 by Grace Gebbie Drayton. The Kids were meant to convey a sense of wholesomeness and physical well-being associated with eating Campbell Soups.
The advertising of the early teens and twenties most often consisted of black and white or two-color depictions of the can and the product, often accompanied by images of the rosy-cheeked Kids. A large portion of the ad was devoted to narrative description of the soups' healthful properties, suggesting that"Campbell Soups Give Vigor and Strength", "I Couldn't Keep House Without Campbell's Tomato Soup", and "If Every Woman Realized How Much Her Husband Likes Soup - She Would Serve It Everyday".
The advertising of the 1930s tended towards idealized illustrations of women and children; the Kids were less visible during the 1930s and 1940s, deemed too "chucklesome" for the Depression years, and too old-fashioned
during World War II. Ad copy continued its appeal to women's sense of responsibility for the well-being of husbands and children, with slogans suggesting "It Takes a Bright and Sparkling Flavor to Attract Children", "When a Man Says It's Good, It's Good", and "Wouldn 't I Be Silly to make It Myself?"
Campbell broadened the scope of its advertising by sponsoring radio programming, beginning in 1931 with the "Hollywood Hotel" program on CBS. Later radio sponsorships included the George Burns and Gracie Allen show, "Campbell Playhouse", "Amos and Andy", the "Jack Carson Show", "Hildegarde", and "Edward R. Murrow with the News", among others . The jingle "M'm M'm Good" was first aired during the radio broadcasts of this period, and was reinforced in the print advertising. Beginning in 1950, Campbell began to sponsor television shows, continuing its focus on women and children as primary purchasers and consumers of suop. Most notable among these sponsorships were "The Donna Reed Show" and "Lassie" . Print ads of the 1950s featuring Johnny Carson, Donna Reed, and the cast of the Lassie Show helped to reinforce the Company's sponsorship of these popular shows.
In 1954, Campbell moved its $10 million dollar condensed soup account from Ward Wheelock Company, the Philadelphia firm which had handled the account since 1910, to Batten, Barton, Durstine & Osborn (BBDO) of New York. By 1966, BBDO account executives urged "selective but not major" use of the Kids and the slogan "M'm M'm Good", choosing instead to employ advertising that stressed health claims and fitness issues rather than the wholesome, comforting associations of hot soup. The Kids became more athletic and less rotund.
Reflecting changes in American social and family structures Campbell' s advertising, began to depict the working wife and the busy schedules of a family "on the go". A 1960 ad declares "Good Things Begin to Happen When Working Girls Have Soup and Crackers" or "Somethings Happened to Supper". In light of the women 's movement, which was gaining momentum during this period, Campbell advertising remained decidedly traditional. In the 1970s, "Give Me the Campbell Life" recognized women 's expanded roles as working mothers, but "They Always Eat Better When You Remember the Soup" and "Get Your Campbells Worth" reveal a more conservative pitch to homemakers responsibilities. Other societal changes are suggested in the advertising, for instance, the "Soup is Good Food" and "Health Insurance" campaigns of the 1980s reflected a new emphasis on health and fitness.
In 1981 the company transferred the soup account to another New York firm, Backer Spielvogel and Bates . The 1980s saw a renewed emphasis on network primetime, strategic radio advertising (where ads for hot soup are tagged to reports of rain or snow, or are aired just before the noon lunch hour), and regional marketing of specialized products or packaging designed to appeal to local tastes and changing nutritional standards. These new products have engendered some changes in Campbell' s time-honored red and white label to emphasize the "new and improved" characteristics of the products
In 2015, Campbells developed the "Real Life" campaign. This campaign was groundbreaking in many ways. The commercials portrayed not only inter-racial couples but also a gay couple, two fathers and their son. This campaign had a product tie in with the 2015 release of the new installment in the motion picture franchise, Star Wars. The campaign received commentary from the public both pro and con. Campbells continued the campaign without revising or pulling any of its commercials. While running in selected markets, the campaign made nationwide headlines and pointed up the continuing change in the make-up of the American family.
Provenance:
Paul N. Mulcahy, V.P. Marketing Services, Campbell Soup Company,1990. Made for the National Museum of American History, Smithsonian Institution by the Center for Advertising History, 1989-1990.
Restrictions:
Collection is open for research.
Rights:
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
The Marlboro Oral History and Documentation Project is the result of a two-year effort supported in part by a gift from Philip Morris, Inc. Sixty oral history interviews and a variety of television commercials, print advertising, promotional materials, packaging, and industry publications were gathered to document Marlboro cigarette advertising. The bulk of the collection focuses on the period between 1954 and 1986, and examines the "Marlboro man", "Settle Back" and "Marlboro Country" campaigns. The collection is a rich source of information for researchers interested in advertising and marketing history, issues of smoking and health, and the export of both tobacco and American cultural symbols abroad.
The core of the collection is a series of interviews conducted during 1985-1987 by Dr. Scott Ellsworth, an independent scholar and oral historian. The broad range of interviewees included executives of Philip Morris, advertising agency personnel from Leo Burnett, photographers, production staff, sales and marketing personnel, and Marlboro cowboys.
Twenty-seven interviews were conducted overseas, in Argentina, Brazil, the Dominican Republic, Hong Kong, Switzerland, and West Germany. Conducted primarily with Marlboro licensee and affiliate staff, the interviews focus on the marketing and advertising history of Marlboro in the six nations. These interviews and others conducted with executives of Philip Morris International in New York City also address the history of Marlboro advertising in Africa, the Middle East, China, Eastern Europe and elsewhere in Europe and Latin America.
The interviews cover events from the 1930s through the 1980s. They focus on the theory and development of Marlboro advertising, its content and creation, and its modifications over the years. The foreign interviews also discuss the structure of the local cigarette marketplace, marketing and advertising techniques, and the use and modification of Marlboro advertising for different cultures.
Finding aids to the oral histories include abstracts of each interview indicating the major topic discussed, a cumulative index to personal names and topics in the interviews, and brief biographical and scope notes.
Arrangement:
Dthe collection is divided into seven series.
Series 1: Research Files, 1943-1987
Series 2, Interviewee Files, 1986
Series 3; Oral History Interviews, 1986
Series 4: Advertising Materials, 1926-1986
Series 5: Promotional items and packaging, 1926-1986
Series 6: Publications and Research Material, 1960-1988
Series 7: Travel Slides Generated by Project Team, 1926-1986
Biographical / Historical:
The history of Marlboro cigarettes offers insight into one of the great advertising and marketing success stories of the 20th century. Marlboro cigarettes were marketed from the Victorian era through the first half of this century as a women's cigarette, with tag-lines that aimed to appeal to female smokers, such as "Marlboro - Mild As May." In 1955, two transformations occurred which would affect both profitability and brand recognition: the addition of an integrated filter and the re-invention of the market through the debut of the "Marlboro Man" advertising campaign. The original Marlboro Man campaign featured close-up images of all kinds of men using the product -- the cowboy was one, along with lifeguards, sailors, drill sergeants, construction workers, gamblers and other types suggestive of a masculine spirit and rugged independence. By 1963, the "Marlboro Country" campaign began. This campaign focused on the cowboy and his symbolic canon: boots, hats, horses, and western landscapes. By the mid-1980s, Marlboro was the best-selling brand in the United States and the world, and the Marlboro cowboy was among the most widely recognized of American cultural symbols. Sold in over 180 nations, both the cigarettes and the ad campaign had become a global phenomena.
Provenance:
The collection was donated to the Archives Center by Philip Morris, Inc. in 1986.
Restrictions:
The materials in the Marlboro Collection are made available for research according to the established practices and principles of the Archives Center and the National Museum of American History.
Rights:
In making these materials available for research, the Smithsonian Institution makes no claims of ownership of the copyrights or related rights. All responsibility for infringement of legal authorship rights and or copyright is assumed by the user of the materials. In addition, the user indemnifies and holds harmless the Smithsonian Institution for all claims, actions, damages, judgments and expenses that may result from use of these materials.
In addition, the donor has imposed restrictions on reproduction or broadcast of collection materials by third parties. The reproduction or broadcast of print ads and television commercials in the collection is subject to prior written consent from: Nancy Lund, Vice President, Marketing,Philip Morris International, 120 Park Avenue, New York, NY 10017;(917) 663-5000
Avis Berman research material on Elie Nadelman measures one linear feet and dates from circa 1998-2002. The research material includes select correspondence regarding the research process, as well as notes and photocopies of material from Nadelman's personal and professional archives for the essay, "Sculptor in the Open Air: Elie Nadelman and the Folk and Popular Arts," written by Berman as a part of the publication Elie Nadelman: Classical Folk (American Federation of Arts, 2001).
Scope and Contents:
Avis Berman research material on Elie Nadelman measures one linear foot and dates from circa 1998-2002. The research material includes select correspondence regarding the research process, as well as notes and photocopies of material from Nadelman's personal and professional archives for the essay, "Sculptor in the Open Air: Elie Nadelman and the Folk and Popular Arts," written by Berman as a part of the publication Elie Nadelman: Classical Folk (American Federation of Arts, 2001).
Arrangement:
Due to its small size the collection is arranged in a single series.
Biographical / Historical:
Avis Berman (1949- ) is a writer, curator, and historian of American art, architecture and culture based in New York, N.Y.. She holds a bachelor's degree from Bucknell University and an master's degree from Rutgers University, both in English literature. She is the author of numerous books including Rebels on Eighth Street: Juliana Force and the Whitney Museum of American Art; James McNeill Whistler; and Edward Hopper's New York. She was also co-author and editor of Katharine Kuh's memoir, My Love Affair with Modern Art: Behind the Scenes with a Legendary Curator. Berman has written numerous articles on subjects including painting, sculpture, photography, illustration, design, architecture, and the social history of the visual arts for a broad range of publications including The New York Times, The New York Review of Books, The Washington Post, Smithsonian, Saturday Review, The Boston Book Review, American Art, ARTnews, The San Francisco Examiner, The Boston Globe, The Philadelphia Inquirer, The Baltimore Sun, Art in America, Art & Antiques, House & Garden, and Architectural Digest. Throughout the 1980s 1990s and 2000s Avis served as a consultant for the Archives of American Art, Washington, D.C., in her capacity as interviewer for the oral history project for which she has researched and interviewed countless artists, collectors, and other figures in the art world in Europe and the United States. Since 2001, Avis Berman has overseen the Roy Lichtenstein Foundation's oral history project.
Related Materials:
Also in the Archives are the Avis Berman research material on Katharine Kuh, 1939-2006, research material on Juliana Force, circa 1930-2020, research material on art and artists, 1976-1994, and an interview of Reuben Nakian conducted by Berman for the Archives Oral History Program, June 1981.
Provenance:
Donated in 2021 by Avis Berman.
Restrictions:
This collection is open for research. Access to original papers requires an appointment and is limited to the Archives' Washington, D.C. Research Center.
Rights:
The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
The donor has retained all intellectual property rights, including copyright, that they may own in the following material: all writings by Avis Berman.
Occupation:
Art critics -- New York (State) -- New York Search this
Art historians -- New York (State) -- New York Search this
Authors -- New York (State) -- New York Search this
National Museum of American History (U.S.). Division of Computers, Information and Society Search this
Extent:
145 Cubic feet (341 document boxes)
Type:
Collection descriptions
Archival materials
Videotapes
Software
Questionnaires
Photographs
Interviews
Essays
Date:
1989-2000
Summary:
Collection documents an awards program established in 1989 as a partnership between Computerworld Magazine and the Smithsonian Institution. The Computer World Smithsonian Awards (CWSA) brought together the Chairmen of Chief Executive Officers of the world's foremost information technology companies with the world's leading universities, libraries and research institutions to document a revolution in progress—the global information technology revolution. The program identified men, women, organizations and institutions leading the technology revolution and asked them to contribute case studies. Collection consists of case studies which include questionnaires, essays, oral histories, conference proceedings, publications, video tapes, photographs, slides, software, and product samples about each project.
Scope and Contents:
An important part of the award process was that nominees actively created the permanent record of their work, for inclusion in the permanent CWSA archives at the Smithsonian. Strict guidelines were set up to ensure that a complete record was created. Each nomination had to be in the form of a packet of primary source materials about the project. Nominees were instructed on the types of materials to include and were required to answer a standard questionnaire and write an essay about the significance of the project. As a result, each case study includes a wealth of information about the project, including oral histories, conference proceedings, publications, video tapes, photographs and slides, software, examples of the product generated, and other records, as well as the standardized information required by the program. The collection is arranged into thirteen series chronologically.
Arrangement:
Collection is arranged into thirteen series.
Series 1, General
Series 2, 1989
Series, 3, 1990
Series 4, 1991
Series 5, 1992
Series 6, 1993
Series 7, 1994
Series 8, 1995
Series 9, 1996
Series 10, 1997
Series 11, 1998
Series 12, 1999
Series 13, 2000
Biographical / Historical:
Established in 1989 as a partnership between Computerworld Magazine and the Smithsonian Institution, the Computer World Smithsonian Awards (CWSA) Program brought together the Chairmen or Chief Executive Officers of the world's foremost information technology companies with the world's leading universities, libraries and research institutions to document a revolution in progress: the global information technology revolution.
The awards program was dedicated to identifying the men and women, organizations and institutions, that were leading this revolution and to recording the impact of their achievements on society. The first awards were presented in 1991 during a ceremony at NMAH. According to that year's press release, the CWSA awards were created to "recognize heroes of technological innovation, to demystify public perceptions of technology and to clearly identify the benefits technology brings to the lives of the general public."
Over the course of each year, members of the Chairmen's Committee would identify those organizations whose use of information technology had been especially noteworthy for the originality of its conception, the breadth of its vision, and the significance of its benefit to society. Those organizations were asked to contribute a case study regarding their project to the CWSA collection, which was to be housed at the Smithsonian's NMAH. Nominated projects were sorted into ten categories and winners were selected by a panel of distinguished representatives in each specialty. The first year's categories were: business and related services; education and academia; environment, education and agriculture; finance, insurance and real estate; government and non-profit organizations; manufacturing; media, arts and entertainment; medicine and health care; and transportation. The categories changed slightly over the years as the process was refined.
In 2001, the Smithsonian decided to sever its affiliation with the CWSA program. The program continued under the sole auspices of Computerworld magazine, without any Smithsonian connection. New case studies now "become part of the broader, worldwide collection, archived on the world wide web and also presented, in a variety of formats, to archives, museums, universities and libraries in each of the more than 40 countries on six continents represented by the award winners," according to their website (http://www.cwheroes.org/home.asp).
Related Materials:
The Division Information, Technology and Society (now Division of Medicine and Science) holds significant artifacts included with the nomination packets.
Provenance:
Division of the History of Technology
Restrictions:
Collection is open for research but is stored off-site and special arrangements must be made to work with it. Contact the Archives Center for information at archivescenter@si.edu or 202-633-3270.
Rights:
Copyright held by donor and/or heirs. Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Reproduction permission from Archives Center: fees for commercial use.] .
Oral histories conducted by Sid Bernstein was a noted advertising critic and columnist for Ad Age Magazine.
Scope and Contents note:
Audiotapes, Series 1: Interviews with Bernstein and others, conducted by Stacy A. Flaherty, coodinator and historian of the Center for Advertising History (an Archives Center program). Subseries 1.1 Audiocassette masters; Subseries 1.2: Reel-to-reel masters; Subseries 1.3: Audiocassettes for researcher use (2 copies).
Arrangement:
Collection is arranged into five series
Series 1: Oral history interviews (audiotapes)
Series 2: Interviewee files
Series 3: Bernstein article
Series 4: Bernstein on advertising
Series 5: Adminstrative
Biographical/Historical note:
Sid Bernstein was a noted advertising critic and columnist for Ad Age Magazine, a prominent trade publication for the advertising industry. This oral history project was supported by a grant from Crain Communications, Inc., New York.
Provenance:
Collection donated by Sid Bernstein of Crain Communications.
Restrictions:
Collection is open for research but audiovisual boxes3 and 4 are stored off-site and special arrangements must be made to work with it. Contact the Archives Center for information at archivescenter@si.edu or 202-633-3270.
Rights:
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
An interview of Robert Taylor conducted 1980 March 13-1990 June 7, by Robert Brown, for the Archives of American Art, in Marblehead, Massachusetts.
Biographical / Historical:
Robert Taylor (1925-2009) was an art, literary and music critic, author, educator, and lecturer from Boston, Massachusetts. Wrote for the Boston Herald, 1952-1967, Boston Globe, 1968-1989. Columns for New Boston Review, later appearing in "Atlantic Monthly," were written under pseudonym Count Bibesco.
General:
Originally recorded on 2 sound tape reels and 1 sound cassette. Reformatted in 2010 as 3 digital wav files. Duration is 2 hr., 46 min.
Provenance:
This interview is part of the Archives of American Art Oral History Program, started in 1958 to document the history of the visual arts in the United States, primarily through interviews with artists, historians, dealers, critics, and administrators.
Restrictions:
Transcript available on the Archives of American Art website.
Occupation:
Art critics -- Massachusetts -- Boston -- Interviews Search this
Topic:
Art, Modern -- 20th century -- Massachusetts -- Boston Search this
The Elisabeth Zogbaum papers regarding Franz Kline measure 11.5 linear feet and date from 1892 to circa 2005, bulk 1930-1990. Zogbaum was a close companion to the New York-based painter Franz Kline and she managed his estate after his death. These papers include biographical material on Franz Kline, documents related to the Franz Kline estate and Franz Kline Foundation, and other material about the artist compiled by Elisabeth Zogbaum. In addition to the aforementioned material, the collection also includes correspondence, exhibition files, printed material, Zogbaum's research and notes, photographic material, artifacts, sound recordings of interviews, and books from Franz Kline's personal library.
Scope and Contents:
The Elisabeth Zogbaum papers regarding Franz Kline measure 11.5 linear feet and date from 1892 to circa 2005, bulk 1930-1990. Zogbaum was a close companion to the New York-based painter Franz Kline and she managed his estate after his death. These papers include biographical material on Franz Kline, documents related to the Franz Kline estate and Franz Kline Foundation, and other material about the artist compiled by Elisabeth Zogbaum. In addition to the aforementioned material, the collection also includes correspondence, exhibition files, printed material, Zogbaum's research and notes, photographic material, artifacts, sound recordings, and books from Franz Kline's personal library.
Franz Kline biographical material includes Kline's passport, will, address books, biographical outlines, obituaries, health and financial records, high school yearbooks, military training camp material, bills and receipts, loose pages of a high school scrapbook, and other material. There are also drawings and sketches by Franz Kline and a few drawings by others.
Correspondence is divided into two sections: correspondence with Franz Kline and correspondence with Elisabeth Zogbaum. Franz Kline correspondence mostly consists of letters to Franz Kline from friends, colleagues, artists, museums, and galleries. Notable correspondents include Sabro Hasegawa, Hedy Lamarr, John Ferren, Jack Micheline, William Morris, and Shinichi Segui. Elisabeth Ross Zogbaum correspondence consists of condolence letters upon the death of Franz Kline and professional correspondence with museums, galleries, foundations and collectors regarding his art.
The estate of Franz Kline includes financial and legal records on the Franz Kline estate, which Elisabeth Zogbaum managed as the sole executrix. There are art inventories, price lists, condition reports, sales reports, correspondence, contracts, tax records, and documents related to Marlborough Gallery and other galleries.
The Franz Kline Foundation series includes a range of material, such as a survey of public and private collections with Franz Kline artwork, related to the catalogue raisonne which the foundation began work on but did not complete. The series also contains correspondence, administrative records, lists, inventories, and sound recordings.
Elisabeth Zogbaum research and notes includes lists, notes, printed material, correspondence, and sound recordings compiled by Zogbaum regarding Franz Kline. Zogbaum produced an audiovisual presentation consisting of slides of Kline's artwork and an accompanying soundtrack. She recorded dozens of conversations with artists, friends, dealers, and contemporaries of Kline, including James Brooks, Louise Bourgeois, Willem de Kooning, George McNeil, Joan Mitchell, Giuseppe Panza, Ludwig Sander, Aaron Siskind, Ray Spillenger, and Joe Stefanelli, among others.
Exhibition files consist of correspondence, loan forms and agreements, checklists, and itineraries on various posthumous Franz Kline exhibitions.
Printed material includes exhibition catalogs, announcements, clippings, press releases, newsletters, magazines, postcards, and other miscellaneous material. Most of the material is about Franz Kline, but there is also material about other artists.
Photographic material includes photographs of Franz Kline, Elisabeth Zogbaum, family, friends, other artists, houses, studios, artwork, exhibition installations, Japanese calligraphy, and other subjects. There are mostly photographic prints, but there are also a few negatives, slides, and transparencies. There is an album of Franz Kline's artwork.
Franz Kline Library consists of various books which were probably in his office. Some books contain articles about Franz Kline or images of his artwork. The rest are miscellanous titles that have been inscribed to Kline. There are also books with artwork by the artist Phil May.
There is a random assortment of artifacts that belonged to Franz Kline including a metal lantern, model car, tea pot, dominoes, a ring, and other objects.
Arrangement:
This collection is arranged as 10 series.
Series 1: Franz Kline Biographical Material, 1925-1962, circa 1998 (Box 1, OV 13; 0.6 linear feet)
Series 2: Correspondence, 1929-1998 (Boxes 1-2, OV 13; 0.7 linear feet)
Series 3: Estate of Franz Kline, 1955-1991 (Box 2; 0.4 linear feet)
Series 4: Franz Kline Foundation, circa 1961-1997, bulk 1980-1990 (Boxes 2-4, 19; 1.6 linear feet)
Series 5: Elisabeth Zogbaum Research and Notes, 1951-1995 (Box 4, 19, OV 14; 1.3 linear feet)
Series 6: Exhibition Files, 1954-1995, bulk 1963-1995 (Box 4; 0.4 linear feet)
Series 7: Printed Material, 1936-circa 2005 (Boxes 4-6, OV 14-15; 2.7 linear feet)
Series 8: Photographic Material, circa 1915-1962, bulk 1936-1962 (Boxes 6-7, OV 14; 0.7 linear feet)
Series 9: Franz Kline Library, 1892-1962 (Boxes 7-10, BV 16-18; 3.2 linear feet)
Series 10: Artifacts, circa 1930-circa 1962 (Boxes 11-12; 0.4 linear feet)
Biographical / Historical:
Elisabeth Zogbaum was a close friend and companion of Franz Kline. She was married to sculptor Wilfrid Meynell Zogbaum. Upon Kline's death in 1962, Elisabeth Zogbaum became the sole executrix of his estate and later the president of the Franz Kline Foundation.
Franz Kline was an Abstract Expressionist painter based in New York City. Kline was born in a coal-mining town in Pennsylvania in 1910. He studied art at Boston University and at the Heatherley Fine Art School in England. He moved to New York City in the late 1930s and became a widely recognized and acclaimed artist. He died in 1962.
Related Materials:
Also found in the Archives of American Art is an oral history interview with Elisabeth Zogbaum conducted by Garnett McCoy on December 3, 1981.
Provenance:
The Elisabeth Zogbaum papers regarding Franz Kline were donated to the archives in multiple installments from 1991 to 2010. The first 1991 donation was made by Elisabeth Ross Zogbaum. Subsequent donations in 2004 and 2010 were made by her son, Rufus Zogbaum.
Restrictions:
This collection is open for research. Access to original papers requires an appointment and is limited to the Archives' Washington, D.C. Research Center. Researchers interested in accessing audiovisual recordings in this collection must use access copies. Contact References Services for more information.
Rights:
Images of works of art by Franz Kline copyright held by Franz Kline Estate / Licensed by Artists Rights Society (ARS), NY. Requests for permission to reproduce images of works of art by Franz Kline should be submitted to ARS.
The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
Occupation:
Painters -- New York (State) -- New York Search this
Collection items available for reproduction, but the Archives Center makes no guarantees concerning copyright restrictions. Other intellectual property rights may apply. Archives Center cost-recovery and use fees may apply when requesting reproductions.
Collection Citation:
Campbell Soup Advertising Oral History and Documentation Project, Archives Center, National Museum of American History, Smithsonian Institution.
Material here includes nine sound recordings of interviews Castleman conducted with artists and printmakers including Jasper Johns, Roy Lichtenstein, Robert Rauschenberg, Jim Dine, Sidney Felson, Alan Solomon, Ken Tyler, David Hockney, Bill Goldston, Frank Stella, and James Rosenquist. Also included are recordings of Tatyana Grosman speaking about her life with Donna Stein, Diane Brintzenhofg, and others. These conversations were recorded in 1978-1981, reformatted to optical disks in 1994, and are available as digital audio files. One oral history transcript and one interview transcript with and about Riva Castleman are filed in the Biographical Material series.
Collection Restrictions:
Use of original papers requires an appointment and is limited to the Archives' Washington, D.C. Research Center. Contact Reference Services for more information.
Use of archival audiovisual recordings and born-digital records with no duplicate access copy requires advance notice.
Collection Rights:
The Archives of American Art makes its archival collections available for non-commercial, educational and personal use unless restricted by copyright and/or donor restrictions, including but not limited to access and publication restrictions. AAA makes no representations concerning such rights and restrictions and it is the user's responsibility to determine whether rights or restrictions exist and to obtain any necessary permission to access, use, reproduce and publish the collections. Please refer to the Smithsonian's Terms of Use for additional information.
Collection Citation:
Riva Castleman papers, 1871, 1930-2013. Archives of American Art, Smithsonian Institution.
