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LOUISIANA MUSIC COMMISSION

Ellis L. Marsalis Jr. CHAIRMAN Bernie Cyrus EXECUTIVE DIRECTOR Steve Picou ASSISTANT DIRECTOR

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September/October 1998
Louisiana Music Commission News and Editorials

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Wednesday October 28

Congress Messes with Songwriters' Rights: Three Steps Forward, One Step Back

Congress has passed the Sonny Bono Copyright Term Extension Act (S.505) which gives songwriters and the holders of song rights an additional 20 years of ownership and protection. However, attached to the bill was the doublespeak-titled "Fairness in Music Licensing Act" which reduces the revenue stream of songs by exempting many restaurants and clubs with less than 3,750 square feet from paying royalties. Additionally, Congress passed the WIPO act which standardizes intellectual property rights protections and collections among sovereign nations. The Sonny Bono Copyright Term Extension Act is a major piece of legislation that greatly extends the time in which royalties can be collected for intellectual property. The previous term was life (of the writer) plus 50 years. Now that term is life plus 70 years for new works and for works written prior to 1978, and additional 20 years has been added. Basically, Congress has added 20 years to existing and new copyrights, a significant extension.

On the other hand, the National Restaurant Association, working with the author of the music licensing bill, Rep. Sensenbrenner (R), has long sought exemptions for its membership from paying royalties to agencies like ASCAP and BMI. The lobbying group joined with religious broadcasters to fashioned the misleadingly named Fairness in Music Licensing Act (FML). In the compromise that was passed as part of the Sonny Bono Act, the FML act was greatly altered from its original state. As passed, the only exemptions are for eating and drinking establishments with no more than 3,750 gross square feet (excluding parking areas) which are utilizing music sources that are broadcast via radio, television, cable or satellite. This means that your average pub which has the local radio station blaring will not have to pay fees of a few hundred dollars a year to ASCAP and BMI. The also means that clubs with DJs, bands and such will still pay. Whether this affects club owners' utilization of local talent is a big question. Club owners still being hit by the royalty agencies could decide to move to broadcast music in some cases, but the likelihood of larger venues altering their formats is unlikely.

Another issue noted here previously is the WIPO treaties which standardize the processes for copyrights internationally. That act was recently passed by Congress. All in all, songwriters fared about as well as can be expected in Congress. However, ASCAP and BMI are quite outraged that the FML act compromises were not fully discussed or agreed upon prior to passage. Indeed, in notes on their homepages, both agencies are furious that the compromises they did agree to were altered without their input. In the long run the changes will affect their bottom line administration and thus their payments to songwriters. Initial projections are that songwriters will see approximately a 5% annual reduction. However, the 20 year extension balances out that 5% considerably. For example, if an annual royalty check of $1,000 were to be reduced by $50 but extended 20 years (and remained consistent), the songwriter would see an additional $19,000 while losing out on only $1,000 overall. The extension of copyright thus far outweighs the loss of revenue from the restaurants and bars.

 

Fats Domino to Receive National Medal of Arts at White House Ceremony

Today's Times-Picayune reports that Louisiana's most legendary rock 'n roller, Fats Domino, will be given the National Medal of Arts by President Clinton in a White House ceremony on November 5. Domino will be joined by 12 other recipients including musician Ramblin' Jack Elliot, actor Gregory Peck and author Phillip Roth. Fats Domino has sold more than 65 million records world wide, second only to Elvis as a rock 'n roll artist for sales, and has had more number one hits than any artist in Louisiana history. Fats Domino's music history defined rock and roll as it evolved out of the rhythm and blues of the deep South. Domino's recordings make him the father of rock and roll, though that title is often credited to such players as Little Richard and Chuck Berry. Since Little Richard made his breakthrough recordings in New Orleans, we know that the Fat Man, and many other great New Orleans r&b artists who recorded at Cosimo Matassa's studios (the maternity ward of rock and roll) are the true parents! Since the president makes the final decision as to who gets the award (picking from a list of more than 200 nominees) we're happy to give William Jefferson Clinton credit for his wise choice.

 

SPECIAL NOTE: I (SP) will be leaving the land of Cajuns to visit the land of Bajans (testing your geographical knowledge, aren't I) from Oct. 29 until Nov. 5. So there will be no updates until after Nov. 6. Thanks to all for visiting our site!

More than 40 bands are scheduled to perform on two stages at the first ever Louisiana Original Music Festival in Baton Rouge. The event takes place Saturday at 2149 N. Foster Drive.

As if Dread Zeppelin wasn't enough, now trombonist Mark Mullins is leading some of New Orleans' finest musicians in a special night of Led Zeppelin tunes. Guitarist Jimmy Robinson (Woodenhead, Twangorama, Mixed Knots), vocalist extraordinaire Leigh 'Lil Queenie' Harris (Mixed Knots), drummer Russell Batiste (Funky Meters), bassist James Singleton (Astral Project, 3Now4), and trombonist Mullins (Mulebone, Harry Connick, George Porter Jr.) will kick things off on Wednesday October 28 at Tipitina's French Quarter at 10PM. Opening the show will be Hobson's Choice with avant garde pedal steel player Dave Easley.  

La. Supreme Court Punts Amusement Tax Back to Judge Giarrusso

In a ruling that has angered some in the local music industry, the Louisiana State Supreme Court has failed to be the final arbiter in settling the seemingly endless saga of the City of New Orleans Amusement Tax. The court ruling is mixed news for the plaintiffs. On the positive side, the judges did not rule the original appeal moot because of the reduction of the tax from 5% to 2%, a move that City attorneys hoped would invalidate the case since it (the case) was filed prior to the tax reduction. Instead, the justices remanded the case back to Civil District Judge Robin Giarrusso, whose original rulings were appealed by the City. The court posed two major questions in sending the case back to Judge Giarrusso: 1. If the tax is unconstitutional, who should be refunded--patrons or the venues_ and 2. Does the city's Home Rule Charter allow New Orleans to enact ordinances that override state legislation_ The latter question is the one most observers hoped that the Supreme Court would answer, and the failure of the high court to deal with that question is what has frustrated some. The good news is that despite the "emergency" appeal by the city and their legislative maneuvering to try to adhere to the original state law that enabled the tax and thus make the appeal moot, the court did not kill the case and rule in the city's favor. Instead, they have returned the case to Judge Giarrusso, who has shown no patience for the city's arguments and is unlikely to rule against herself. The bad news is that it likely will take more time and money to settle the matter.

As noted in a previous story, Mayor Morial has proposed a property "service fee" that must be passed by voters in December that would end the tax and solve several city budget dilemmas. The LMC wrote to the mayor seeking to determine whether the tax would be legally dead in event of voter passage of the service fee but has not received a response. The LMC is prepared to support the fee proposal if the city proves that the Amusement Tax would be legally dead when the fee passes.

The latest edition of the OffBeat Louisiana Music Directory is now available. The most indispensable reference of Louisiana's music industry is bigger than ever. Suggested retail is $30 and well worth every cent. Contact OffBeat at 504-522-5533 and get your copy. Listings include every imaginable htmlect of the state's music industry, including artists and businesses. Our well-worn copy gets used every day. Thanks to the staff of OffBeat for working so hard to make this edition more comprehensive, easier to read and filled with extra details and more listings.

In a refreshing bit of good news in a week that started out tragic, the Black Music Hall of Fame in Perseverance Hall in Armstrong Park will have an unveiling ceremony at 7 PM Friday to officially open the AFO Records exhibit. AFO Records, founded by Harold Battiste and friends, is an influential record label started in the 1960s to showcase African-American jazz artists. OffBeat Magazine features Battiste on the cover of its recent issue and has a full story on the history of the label. After the ceremonies at Armstrong Park, the party moves to the Red Room on St. Charles Avenue where such luminaries as Allen Toussaint, Dr. John, Henry Butler and a who's who of music greats will perform to honor Battiste. Harold Battiste is a past member of the LMC, former music director for Sonny & Cher and a producer whose credits include the seminal recordings of Sam Cooke. (See previous story on Harold's relationship with Sonny Bono.)

Charlie Bering, a New Orleans music institution who was a member of the staff of the New Orleans Jazz & Heritage Festival since 1978, a member of the LMC from 1992-94 and a force in the local music scene for more than three decades as the operator of such legendary clubs as Lu & Charlie's and Charlie B's, has died. Bering had suffered for the last few years with a debilitating disease. He was 62. Though few knew it, Charlie was a talented piano player who chose to work behind the scenes rather than on stage. Bering was celebrated this year by his many friends at a tribute held at the old location of Lu & Charlie's on Rampart Street, now a hotel. The LMC is saddened by his passing. We will have more information as it becomes available.

The untimely and violent death of Gospel singer Raymond Myles has prompted a tribute to the flamboyant performer to be staged by his friend (and producer of Myles' NYNO records release) Allen Toussaint, this Thursday, October 15 at Tipitina's French Quarter starting at 9PM.

A public memorial service will be held from 2PM to 7PM at the Municipal Auditorium in Armstrong Park with music to follow starting at 7PM. Myles' funeral services will be held at the Greater St. Stephen Full Gospel Baptist Church at 5600 Read Blvd. in New Orleans East at 10AM on Monday.

Caffeine Music's songwriters' nights continue with performances by Tommy Malone of Tiny Town, Theresa Andersson of the Anders Osborne band, Caleb Guillote of Dead Eye Dick, and Van Hudson. The show takes place at Carrollton Station on Sunday, October 25 and hereinafter every last Sunday at the same location. For more information, see this press release. The first songwriters' night was supposed to be done in conjunction with LMNOP 's songwriters' workshop, but was interrupted by the exodus of more than a million folks anticipating Hurricane Georges.

Maggie Mortensen, a dynamic music activist who left New Orleans last year to deal with family matters, is still contributing to the local music scene. This time, Maggie has gotten herself into something big--she's helping stage a Blues Harp Summit in Glendora, Mississippi that will feature many of the greatest living harmonica players in the world leading workshops for all ages. According to her press release, Lee Oskar, Blind Mississippi Morris, Jumpin' Johnny Sansone, Bruce 'Sunpie' Barnes, Rockin' Jake of New Orleans, Mark McGrain (of the Anders Osborne Band), Steve Cheseborough (of Living Blues Magazine), and regional players Dave Thaden and Ron Pierce have all committed to the weekend. Tentatively scheduled to attend are also Rod Piazza, Paul deLay, and T.J. Wheeler. The event is scheduled for December 5 & 6. See the press release for the whole story.

Today's Advocate features a story about a group of community organizations, including Volunteers in Public Schools, the B.R. Fire Department and local musicians seeking donations of old band instruments to be refurbished and distributed to needy children in Baton Rouge area schools. People interested in donating instruments can drop them off at Baton Rouge fire stations. The group is seeking to collect as many instruments as possible by October 31. The donated instruments will then be inspected and repaired as necessary and provided to needy students. For more information, check out the Advocate online site.

N.O. Gospel singer Raymond Myles was murdered last night in an apparent robbery/car jacking. Myles was one of the city's most flamboyant and popular Gospel singers. The Louisiana Music Archive has more on this tragic event which took place near Elysian Fields and Chartres streets, a busy area not far from many popular clubs. The LMC sends it condolences to the family and friends of Myles. We'll post funeral information as soon as it becomes available.

The Stanley Scott Cancer Center is offering free mammograms during the month of October to members of the Arts Council of New Orleans and all patients of the LSU Medical Center Musicians' Clinic. The Stanley Scott Cancer Center can be reached via phone at 504-568-5151 and is located at 2025 Gravier Street in New Orleans.  

10th Annual N.O. Film & Video Fest Features Music Forum

The 10th Annual N.O. Film & Video Festival, now underway, has teamed with LMNOP and ASCAP to present a panel on "Making Music That Works for Movies" featuring Terence Blanchard, Suzi Civita of Warner Brothers, Kevin Coogan of ASCAP, Jonathan McHugh of New Line and moderated by Jay Weigel, an LMC commissioner and Director of the Contemporary Arts Center. The panel will be from 3 to 4:30 PM tomorrow, Saturday October 10 at the Westin Canal Place. Admission is only $10. There will be a showcase following the panel featuring Entourage, Jim McCormick and Lenny McDaniel at Tipitina's French Quarter, 223 N. Peters Street.

KBON FM is now webcasting via RealAudio on the World Wide Web. The station, located in the heart of Cajun Louisiana in Eunice, features a mix of country, Cajun, Swamp Pop, zydeco, R&B, Blues, Oldies and Gospel music, mostly by Louisiana artists. Utilizing the tag line "Louisiana Proud," KBON station manager/owner Paul Marx is operating the only commercial radio station in Louisiana with a playlist comprised of more than 70% Louisiana music. The station broadcasts at a frequency of 101.1 and covers the Acadiana region centered around Eunice, Mamou, Ville Platte and Opelousas. See previous story and previous press release KBON-FM Plays Louisiana Music.

Mayor Marc Morial has proposed a property fee to help New Orleans deal with several long-standing financial problems including the Amusement Tax. The fee, assessed at .05 cents per square foot of property for residential owners and .09 cents per square foot for businesses would raise approximately $50 million for the City. The funds would be used to help raise the pay of city workers and Orleans Parish teachers, expand the police force and a variety of other things, including ending the Amusement Tax. An announcement was staged yesterday at Gallier Hall. The proposition is expected to appear on the ballot for Orleans Parish voters in December. We'll have more on this later.  

Etc. Arts Monthly Adds Forum to Site

Lafayette-based etc. arts culture communications monthly, one of the last independent papers in that city now that the same company that owns the daily newspaper now also owns the weekly (has anyone now in government really studied the Sherman Anti-Trust Act_), has expanded its website to include a forum. Web surfers can now post messages and inquiries and join discussions on various topics concerning all things Louisiana. Their site, a great source of information about arts, music and culture, is maintained by Victor LeBlanc of Netwwworks.com. Victor is also responsible for the recently online site of the Varsity, Baton Rouge's premier music venue near the LSU campus.

Another Louisiana site is webcasting Louisiana music full time. Louisianaradio.com, a private venture launched by Reese and Shamus Fuller, Pineville natives now living in Lafayette, features a format that "showcases all of the musical styles born and raised here in Louisiana," according to their press release. The site currently features classic New Orleans Rhythm & Blues, swamp pop, blues, jazz, Cajun, zydeco and New Orleans brass bands. A show called "Louisiana Spotlight" will feature interviews. Louisianaradio.com is also working with several Louisiana radio stations to rebroadcast locally produced shows. The site joins other net broadcasters including WWOZ, KBON and Radio Free New Orleans, a site operated by Neworleansonline.com. For more information on Louisiana radio stations on the internet, visit the MIT List of Radio Stations on the Web.

As those of you who access this site via our Welcome page already know, the LMC now has its own domain name: www.louisianamusic.org. We expect a few bugs in the process of changing over, but so far things are going well. Hopefully, the name change will get us a few more hits. Our old email address will forward automatically. Please bookmark our new location and we apologize for any inconvenience. Special thanks to Steve Berrigan at CommNet for assistance in making these changes.  

FREE LMNOP Songwriting Workshop Sunday

The first LMNOP workshop, part of a series leading up to the 1999 LMNOP conference, will be held Sunday at Carrollton Station on Willow Street in New Orleans starting at 6PM. There is no charge to attend. As we noted in a previous article, this is a must-attend workshop. Songwriter Ralph Murphy will be talking about how to write hit songs, and he knows what he is talking about. As the writer/producer/publisher of more than 20 Number 1 hits, Ralph will be talking about basic principles that he applies everyday to the craft of songwriting. Don't miss this workshop, it could change the way you approach songwriting and help you make money! Following Ralph's presentation will be a Songwriters' Night sponsored by Caffeine Music.

The Fall schedule of Jazz at the Sandbar, the University of New Orleans' nationally acclaimed jazz club, is out and as follows. All dates are on Wednesday nights. Special thanks to Jason Patterson and New Orleans Jazz Centennial Celebration for assistance with booking these gigs. For more information call UNO Jazz Studies at 504-280-6039.

Sept. 9	Jesse Davis
Sept. 16	Nicholas Simion
Sept. 23	Ron Eschete
Sept. 30	Bill Huntington
Oct. 7	Fred Hersch
Oct. 14	Phillip Manuel
Oct. 21	Nicholas Payton
Oct. 28	Glenn Patscha
Nov. 4	Tim Laughlin
Nov. 11	Johnny Vidacovich
Nov. 18	UNO Big Band w/ Leah Chase

Johnny Adams, one of the finest singers all time, died this past Monday after a long bout with cancer. He was 66. Funeral arrangements are being handled by Rhodes Funeral Home at the corner of Washington and Broad. Wake/visitation is from 4 to 9 PM on Thursday with music from 7 to 9 PM. Services and procession are scheduled for 11 AM this Friday. There will be a repast (lunch) at the Rock 'n Bowl on Carrollton at 1 PM Friday. Adams will be interred in Providence Memorial on Airline Drive, the same cemetery as Mahalia Jackson and James Booker. The family is asking that rather than flowers, donations be made to help pay for Adams huge medical bills, donations can be made at the funeral service. Greg Hardison has posted Adams' obituary courtesy of Rounder Records. For more information, contact Rhodes at 504-822-7162.  

Cutting Edge Roots Music Conference Gets Underway Tomorrow

The Cutting Edge Roots Music Gathering gets underway tomorrow. The conference, dogged by continuing controversy caused primarily by a long-standing disagreement between conference founder/organizer Eric Cager and OffBeat publisher Jan Ramsey, this year will face not only the wrath of Ms. Ramsey, but anticipated bad weather which comes on the heels of a near-record rainfall a week ago that flooded much of the city and surrounding area. The conference will take place this year at the Old US Mint, an historic building located at the corner of Esplanade and Decatur. For the full story on panels, performances and other information on the Cutting Edge, visit their website.

COMMENTARY: The LMC is again supporting the efforts of the Cutting Edge Roots Music Conference and urges all--even critics--to attend and determine firsthand the overall value and quality of the conference. This conference is always interesting, presents good panels and performances, and is worth attending. Despite the continuing bad relationship between Eric Cager and OffBeat's Jan Ramsey, the LMC sees value in this and other conferences and seminars that deal with the nuts and bolts of the music business. Besides the obvious importance of continuing education to be obtained, these forums present a networking opportunity for local music professionals that should not be missed. The biggest enemy of these conferences is not the personality conflict and competition amongst conference organizers, but the apathy of the music community. If local musicians and music business professionals don't attend, then it matters not what topics are to be covered or which panelists and speakers are to be featured.

Local music professionals need to know more about this business and need to spend more time talking to each other and to visiting music business pros. As Jan Ramsey knows, the only way to get more musicians to attend events is to offer free food and accolades. Perhaps more of these conferences should find ways to do something similar. It seems the only way to get Louisiana's apathetic music community to get together in large numbers for their own good. (See Previous Story)

 

Jimmie Davis 99th Birthday Party to be Held Saturday

Former Louisiana Governor Jimmie Davis, whose composition "You Are My Sunshine" is one of the best known and loved songs in the world, is to be feted at a large celebration this Saturday at Rebel State Commemorative Area in Marthaville (near Natchitoches) this Saturday. A long list of dignitaries, musicians and politicians are scheduled to honor Governor Davis, who has vowed to live to be 100 so that he can claim to have lived in three centuries. The event gets underway at 5 PM. For more information contact event producer, Robert Gentry, at the Sabine Index, at 318-256-3495.

 

LMNOP Launches New LMNOProgram with Free Songwriter Workshop

"Murphy's Laws: How to Write a Radio Hit" a workshop scheduled for Sunday, September 27 at 6 PM at Carrollton Station at 8140 Willow, is to be the latest LMNOProgram to start a series of workshops leading up to the LMNOP music conference to he held April 25-28, 1999 in New Orleans. Ralph Murphy, a writer, producer and publisher of more than 20 Number 1 hit songs, is a fascinating and informative teacher whose past workshop for LMNOP was well attended and extremely informative. Ralph is also a past president of NARAS and a current vice president of ASCAP in Nashville. He is an experience lecturer who enjoys helping songwriters learn the basic rules of writing hit songs. We highly recommend this particular workshop, and are grateful to both LMNOP and Ralph Murphy for making this highly useful and potentially valuable information available to Louisiana songwriters for free. For more information, contact Scott Aiges at LMNOP at 504-592-9800.

 

Smithsonian/PBS Production River of Song Set to Premier in New Orleans Wed. Sept. 30 Aboard River Explorer Followed by Free Concert on Riverfront

River of Song, a four part series produced by the Smithsonian Institution, the Filmmaker's Collaborative and South Carolina ETV, will premier the final episode of the four part series, "Louisiana: Where Music is King," in a special showing aboard the newly launched River Explorer, a luxury floating hotel owned by New Orleans Riverbarge Excursion Lines, on Wednesday, September 30 at 4 PM. The series, consisting of four one hour episodes, was five years in the making, and will air on PBS in early 1999. The showing of final episode is part of a series of premiers taking place at cities along the Mississippi River, including St. Louis and Ste. Genevieve Missouri, Hickman Kentucky, Memphis Tennessee, Helena Arkansas, Greenville, Vicksburg and Natchez Mississippi, and Alton Illinois. The public screening in New Orleans will take place in the Sprague Room aboard the River Explorer, which will be docked at Woldenberg Park, and will also feature a Q & A session with the filmmakers. After the screening a free concert will be held at the Hibernia Stage in Woldenberg Park featuring Irma Thomas, Geno Delafose and Henry Butler, all of whom are featured in the episode. For more information contact Ray Delia at WYES at 504-483-8480. The event is sponsored by WYES, the New Orleans Tourism Marketing Commission, the Louisiana Music Commission, the Louisiana Film and Video Commission and French Quarter Festivals.

 

Celebrity Bartender's Ball Nets Funds for LSU Med Center's Musicians' Clinic

The LSU Medical Center's Musicians' Clinic was the beneficiary of a Celebrity Bartender's Ball, sponsored by Budweiser and featuring New Orleans After Midnight hosts Bernie Cyrus and Erika Schwartz. The event, held this past Sunday at the House of Blues, featured music by Tom's House and raised more than $1,000. The LSU Medical Center's Musicians' Clinic is a cooperative endeavor of the LSU Medical Center and the LSU Healthcare Network and charges a minimum payment of $10. Musicians from Louisiana are eligible for reduced-cost healthcare based on needs and financial status. The clinic, the first of its kind in the United States, was launched with assistance from the New Orleans Jazz & Heritage Foundation and the American Federation of Musicians Local 174-496. For more information, contact the clinic at 599-0000. Appointments are scheduled on Wednesday afternoons from 1 to 4:30 PM. (See Previous Story)

SPECIAL NOTE: I (SP) will be out of the office from 9/9 until 9/15, so there will be no updates until then. Also please note that Bernie Cyrus suffered the loss of his sister Claudia Whitely whose funeral is tomorrow at 11AM. Bultman Funeral Home on St. Charles Ave. is in charge of the services. Bernie will be unavailable until sometime next week.

UPDATED 1/4/99: The LMC has compiled a list of 32 Louisiana radio stations that actively feature Louisiana music in their regular formats. The list has been forwarded to OffBeat for the upcoming Louisiana Music Directory, which will be going to press later this week. The list was compiled as part of a survey of Louisiana radio stations conducted by the LMC over the past several months. The radio stations were contacted by phone. The list of stations includes: KAPB, KBRH, KBON, KCIL, KEDM, KEUN, KEZM, KJEF, KKAY, KKND, KLIL, KQKI, KROF, KROK, KRVS, KSLO, KSLU, KVPI, KWDF, KXOR, KXZZ, KYKZ, WASO, WBOX, WBRH, WKSY, WRKF, WRNO, WTUL, WWNO, WWOZ, WYNK.

This listing is constantly changing, and we recommend that you contact any station before sending material. It is always best to establish a personal contact before mailing any unsolicited tapes or CDs. Don't waste your money sending your product unless you know someone is going to respond. We hope to improve upon this survey by adding some of the stations to the Louisiana Music Network.

The list of stations includes public radio, high school and college stations. The types of music include country, swamp pop, Cajun, gospel, zydeco, rock, classical and eclectic. For an updated listing of Louisiana radio stations on the web, visit MIT's US Radio Stations on the Internet site which lists radio stations by state. At last visit, there were more than 90 Louisiana stations on the web of which 18 are webcasting. (See Page Listing Radio Stations and Addresses)

 

Louisiana Music Commission
3330 N. Causeway Blvd. Suite 438
Metairie LA 70002
Phone: 504-838-5600 Fax: 504-838-5280

Email: lmc@louisianamusic.org

©1997, 1998 Louisiana Music Commission
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