The album “The Velvet Underground & Nico” is remarkable for many reasons–not least the music. a. It is one of only two albums that I know of that names the cover designer rather than the band or the record’s title on the front (the other being Swedish band bob hund‘s 1996 LP “Omslag: Martin Kann“.) b. The cover provoked two lawsuits (more on those later). c. Gatefold covers had generally only been used for double albums. Elvis Presley’s “Elvis Is Back!” from 1956 is said to be the first gatefold cover for a single LP and “Sgt Pepper’s Lonely Hearts Club Band” was not released until two months after the Velvets’ album.

In 1965 Andy Warhol became The Velvet Underground‘s manager and he booked them into New York’s Scepter Studios in April 1966 to record the group’s first album which was de facto produced by studio owner Norman Dolph rather than by Warhol. Warhol insisted that chanteuse Nico (real name Christa Päffgen) sing on the album and she sang on three songs. For unknown reasons some songs were rerecorded and some new songs recorded by producer Tom Wilson in Los Angeles later that year. Wilson was a staff producer for Columbia (and later Verve) Records and had produced three of Bob Dylan‘s early albums (“Another Side of Bob Dylan“, “The Times They Are A’Changin’“, four tracks on “The Freewheelin’ Bob Dylan“, “Bringing It All Back Home“) including the hit single “Like a Rolling Stone“. Warhol offered the album to Columbia Records, who turned it down! Then through the Andy Warhol association Verve Records agreed to release it. Logically enough, as Nico was not a member of the group the album’s title was “The Velvet Underground & Nico. The “&” emphasizing the fact.

Warhol gave his Banana painting to the band for the album cover. The removable banana on the front was difficult to produce and delayed the album’s release until March 1967. Acy R. Lehman, who designed the cover, decided on the gatefold to be able to include photos of the band members taken by Paul Morrissey, and colour photos by Verve photographer Hugo. I have seen the large band photo on the rear cover credited to Andy Warhol, so I am not sure it was by him or, as stated in the album credits, by Hugo.

The rear cover photograph showed actor Eric Emerson the lights projected behind the band with his inverted face superimposed on the picture of Lou Reed‘s head. This is commonly called the “Torso” version”. Emerson was in need of money as he had been charged with drug offenses and sued Verve Records to pay him for the use of his photograph. Verve refused to pay and recalled as many copies as it could and stuck a large black sticker over the offending photograph. On subsequent printings of the album sleeve the photograph was airbrushed to obscure Emerson’s portrait before the album could be reissued in June 1967. This delay badly affected the album’s sales; only about 30,000 copies being sold between 1967 and 1972 – I must be one of the early buyers as I bought my copy in late 1967 on the strength of the review in Rolling Stone. Brian Eno is quoted as saying in 1982 “everyone who bought one of those 30,000 copies started a band.” – obviously, with one exception – me!

There were promo copies distributed with the “Torso” cover which had white or yellow record labels. I think all promos were mono versions with “Torso” rear cover. There are three versions of the cover of the original American release: a first state with the “torso” rear cover, a second state with the sticker over the upper part of the torso picture and the third state with Emerson airbrushed out.

This album has never been out of print since it was originally released. There have been several variations on the cover design and recent re-issues have once again reverted to the original “torso” rear cover photo. Some re-issues have appeared with coloured vinyl (yellow or red) and a limited edition by Newbury Comics is on black and yellow vinyl.

The original UK version was released with a single cover and the banana was not peelable. A later German re-issue showed only the peeled banana and other re-issues have added the album’s title to the front cover. There are at least three picture disc versions of the album; two from Russia on the Vinyl Lovers label (one in a die-cut card sleeve and one in a clear plastic sleeve. These have the title at upper left and “Andy Warhol” at lower right while the third picture disc has all the text at upper left, including “Andy Warhol”.

I mentioned at the start of this essay that the album was the cause of two law suits. The first was Eric Emerson’s suit for compensation for the use of his face on the cover. This was resolved by Verve airbrushing out the offending face. However it seems that the hatchet has been buried since as recent re-issues have reinstated the torso picture on the back.

The second law suit was when The Warhol Foundation in 2012 licensed the banana image for use on smart phone and iPad accessories. Lou Reed and John Cale sued the Foundation, claiming that Warhol had given them the image and that The Warhol Foundation did not have the right to license it to third parties. The case was settled out of court the following year. Neither party has revealed the terms of the settlement.

The Velvet Underground & Nico is a great album with a great cover that is one of the ten most recognisable covers, alongside “Sgt Pepper“, “The Dark Side of the Moon“, “Sticky Fingers“, Nirvana’s “Nevermind“, Bruce Springsteen’s “Born to Run“, “Never Mind the Bollocks–Here’s the Sex Pistols“–and you can name the others.