As had been my wont when traversing this stretch of 7th Avenue, I stopped into a small record store I knew on the way to the train depot. (It might have been a J&R Music Annex on the west side maybe at 36th Street.) While nonchalantly browsing through the rock bin I happened upon the Heart divider, looked inside and was taken aback as there was a copy of Heart's Magazine.
But the cardboard used for the album jacket felt thin? And there was a little white sticker on the jacket back that was blank? And the jacket itself was unwrapped but placed in a plastic sleeve? After a moment of consternation, I realized it was different from what I was accustomed to in the United States - plus the jacket back mentioned something about London. I've since found out that 50,000 copies of Mushroom's original release of Magazine had been pressed for North America. Some of these were sold in stores, mostly in Los Angeles and Hollywood, Florida. But the album was also briefly released in Europe through Arista Records (under catalog identifier SPARTY 1024). What I had found was an imported copy of this European release - my first store-bought import. I refer to this LP as Magazine (The SPARTY 1024 LP) when it comes up in casual conversation.
Heart had a contract with Mushroom Records for two albums. Magazine was originally intended to follow-up their 1976 Mushroom debut Dreamboat Annie. The group began recording 5 songs that would have been part of this second album. Then, Shelly Siegel took out an ad in Rolling Stone to congratulate the respective successes of the group and his company. The ad showed a picture of Heart group members (and sisters) Ann and Nancy Wilson bare-shouldered with the suggestive caption, It was only our first time.
According to legend, after one live appearance when a reporter suggested that the sisters were sexual partners, Ann returned to her hotel room and wrote the lyrics to Barracuda to relieve her frustration.
None to pleased with this advertisement, Heart also felt that they had now proven themselves as hit-makers and expected Mushroom to act accordingly and raise their contracted royalty rate. To the surprise of the group and their producer, Mike Flicker, the label refused to pay and decided not to release a second Heart album. Flicker ended his relationship with the label and Heart followed, believing they had no obligation to stay without their producer. They accepted a more lucrative offer from CBS Records (now Sony BMG) subsidiary, Portrait Records and began preparing Little Queen - seemingly breaching the contract with Mushroom.
Shelly Siegel though believed Mushroom had the legal right to release a second Heart album so he compiled the rough mixes of the 5 studio recordings (Devil Delight, the single Heartless, the Badfinger chestnut Without You, Magazine and Just the Wine), B-side Here Song and three live songs recorded in 1975 at the Aquarius Tavern and released the collection as Magazine. The back cover of the LP carries a disclaimer.
Mushroom Records regrets that a contractual dispute has made it necessary to complete this record without the cooperation or endorsement of the group Heart, who have expressly disclaimed artistic involvement in completing this record. We did not feel that a contractual dispute should prevent the public from hearing and enjoying these incredible tunes and recordings.
Unhappy with the demo-like-quality of the release, Heart took Mushroom to court to stop the sale of the album. The Seattle court ruled that Mushroom had to recall the album and unsold copies were reportedly destroyed. When the dust settled, the judge found in Mushroom's favor and required that Heart honor their contract and provide a second album. Heart chose to fulfill this obligation by working with the original Magazine tapes: remixing the songs, adding new lead vocals and editing. Reportedly, Mushroom employed a security guard to make sure that the group didn't try to erase the multitrack master tapes while in the studio.
The official revised version of the album was released with a different track sequence (and no disclaimer) in April 1978. Heart was never particularly happy with the album's sound but nevertheless it peaked at number 17 on the Billboard album chart and sold over a million copies. Heartless was a Top 40 hit. In the early 1980s Mushroom Records went out of business, and Heart's two albums for the label were purchased and re-issued by Capitol Records.
Which brings us back to the spring of 1977 and me holding the now rare long player Magazine, the SPARTY 1024 LP with disclaimer. I ran to the cash register, ran out the store, ran to Penn Station, ran up and down the aisles of the train as it chugged along past Merrick, Bellmore, Wantagh, Seaford and Massapequa to stop at Massapequa Park. I made it home and dropped the platter on the turntable. Those very tunes I heard that day are the very same ones I've digitized and posted as Heart_Magazine_SPARTY_1024_Vinyl.
Track listing - 1977 Release "Heartless" (Ann Wilson, Nancy Wilson) – 5:00 "Without You" (Peter Ham, Tom Evans) – 4:44 "Just The Wine" (A. Wilson, N. Wilson) – 4:30 "Magazine" (A. Wilson, N. Wilson) – 6:55 "Here Song" (A. Wilson) – 1:35 "Devil Delight" (A. Wilson, N. Wilson) – 4:58 "Blues Medley" – 7:11 (Mother Earth) (You Shook Me Babe) (Peter Chapman, Lewis Simkin, Willie Dixon) "I've Got The Music In Me" (Bias Boshell) – 6:01 Track listing - 1978 Remixed Release (not included in download) "Heartless" (A. Wilson, N. Wilson) – 5:02 "Devil Delight" (A. Wilson, N. Wilson) – 5:00 "Just The Wine" (A. Wilson, N. Wilson) – 4:16 "Without You" (Ham, Evans) – 4:42 "Magazine" (A. Wilson, N. Wilson) – 6:22 "Here Song" (A. Wilson) – 1:34 "Mother Earth Blues" (Chapman, Simkin, Dixon) – 5:59 "I've Got The Music In Me" (Boshell) – 6:18 Performers Ann Wilson: vocals, guitar, keyboards, violin, flute Nancy Wilson: vocals, guitar, piano Michael DeRosier: drums Roger Fisher: guitar, steel guitar Steve Fossen: bass guitar, percussion Howard Leese: guitar, keyboards, synthesizer, vocals
