In March 1965, after a legal battle with King Records, Brown agreed to a new contract with a higher royalty rate than their previous agreement, plus Brown's own publishing company and complete artistic control. Brown promptly went into a Charlotte, North Carolina, studio and cut "Papa's Got a Brand New Bag."
King Records executive Syd Nathan gave a copy of this to New York DJ Frankie Cocker, who hated the new James Brown style but was impressed with the response when he put it on the air anyway. When King Records released the track as a single, Smash Records, the label Brown had leased some of his songs to that prompted the lawsuit, released an instrumental version of the song. As part of the ruling, Smash Records could release only instrumental versions of Brown's songs.
Brown had recorded the very similar sounding "Out Of Sight
" for Smash earlier that year, violating his King contract. James retooled the song, using a riff his band had been playing live, as a peace offering to King.