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Nothing From Nothing Gets Nothing
February 8, 2008
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"It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change."
-- Charles DarwinReacting to changes in the marketplace are essential for the survival of any business in today's world. And with so many things changing daily, the urgency to react is even greater.
After 9/11, the travel and hospitality industry realized it had to do something fast to encourage people to get people into airline seats and hotel rooms again. They quickly reacted, created customer retention programs and at the same time went to online travel sites and wholesalers with pricing plans that were so low, people started to book their own travel and airline reservations. Hotel occupancies rose, airlines started selling seats, and the way people viewed purchasing travel changed forever, as traditional brick and mortar travel agencies went out of business because they couldn't compete with online prices.
Almost every automobile manufacturer realized when sales slowed down several years ago that if they didn't do something right quick, the inventory of unsold vehicles would soon rise faster than the tide at sundown. They quickly reacted and went to 0% financing, offered rebates, lowered prices across the board, and created new strategic alliances with online websites that helped people secure the best deals available locally. Those same programs are in place today as auto companies fight for bigger market share in a more competitive environment.
Over the past few years, all major food chains discovered that the choices for people dining out had increased greatly in number as the pressures for capturing the disposable income from consumers increased. Almost all companies lowered prices, created customer rewards programs, and offered more "bang for the buck" with a variety of new menus.
While the media talks about the recession were in, almost in, or that has been going on now for months, the nation's biggest retailer isn't waiting for any official announcement of the country's financial well-being. This past week, Wal-Mart announced it was lowering prices even more, by as much as 10%-30%. How long do you think it will be before Target and K-Mart do the same?
"If your environment is changing, you must change with it. If you don't, you perish."
-- Curtis E. SahakianThe music industry has gone through more changes in the past decade than ever before in history.
The Internet brought file-sharing and P2P downloading to tens of millions of people. The CD, a digital disc comprised of ones and zeroes like all digital programs, brought with it the ability for people to burn copies without any loss in audio quality. It also made it easy for others to counterfeit copies globally and piracy exploded.
DVDs compete with disposable entertainment dollars at retail, and DVDs now sell for as much as CDs when on sale, and often, titles a year or older sell for less.
It's estimated the video game industry will gross over $20 billion this year and even more beyond that as technology enables games to become more and more sophisticated and compete with Hollywood's global film business.
CD sales in the music industry, here and globally, declined at an alarming rate again last year. As fast as digital sales grow, the revenues can't match those that CDs provided the industry for so long.
As my good friend, USC Thonrton School Of Music Professor Jerry Del Colliano, said in a recent blog post: "The record labels have a pricing problem. For years they've profited from overpriced CDs because -- well, they could. Now they can't."
It's time for all responsible industry leaders to seriously look at what their industry has done in the past decade to combat all the forces that have forced the industry to shrink in size, slash costs (well, I guess not ALL costs ... I hear all the major labels are still throwing big Grammy parties), and resulted in profits being sucked down the drain.
What has the industry done?
1. It eliminated Napster when it became too big to ignore, and label execs realized their own kids were spending hours every night downloading the same stuff they were trying to sell people for at $18 a CD.
There were actually some who thought that getting rid of Napster at that time was the answer to all the industry's online problems. They didn't know that by the time they got rid of Napster in its original application, it had already spawned dozens and dozens of offspring. I assume many realized that when their kids were STILL downloading even after Napster's free P2P music had gone away, that something else was wrong.
Eliminating Napster did nothing of course to stop rampant file-sharing. In fact, file-sharing and downloading is as rampant as it's ever been, despite all the industry spin to the contrary.
Why the labels didn't get the hint then that things were forever changed is beyond me. Maybe they did and they hoped they could shut down all the "Napsters" out there. Har-har-hardee-har-har.
2. The industry and it's lame-duck association, the RIAA, decided to embark on a crusade to sue individuals who downloaded music illegally in hopes of discouraging all others to return to the counter at retail outlets across the country.
It's 2008. Does anybody actually believe for one second that any of the lawsuits have done a thing to discourage people from downloading music illegally? On the contrary, as I mentioned already, all the evidence suggests that P2P usage has not declined at all.
The RIAA continues to waste money for their relentless pursuit of ... well, their relentless pursuit to prove they actually do something to earn all those big salaries, paid for by money received from all the member labels.
(And as always, I'll say it again. If anybody reading this has any evidence to suggest the RIAA has done something meaningful to contribute to the industry it allegedly serves, please feel free to e-mail me.)
3. While it took an innovative company like Apple to create the world's first successful online music store, the labels sat idly by and thought little of it until there were over 100 million iPods sold and iTunes passed the three billion songs sold threshold. Oh yeah, and CD sales continued to plummet.
One would think at that point somebody at some label might have had the idea to launch a similar online store with some great innovative ideas. The labels are the content owners along with their artists. Think of the possibilities that exist for the creative thinkers to entice the music consumer to come back to an online store that offers more than just a download for 99 cents.
What have the labels done instead? Criticized Steve Jobs for "cannibalizing CD sales" (the same thing the labels' own "Now That's What I Call Music" Series do) and tried to create a coalition against Apple in hopes of keeping a bigger piece of the pie for themselves.
The answer to all online success lies in strategic alliances and ubiquity. Any hopes the labels have for increasing the price of online songs will only result in more online theft.
4. The labels and NARAS embarked on a multi-media campaign of commercials to discourage people from downloading. The campaign cost millions, and it was viewed as completely hypocritical to the audience. It's hard to talk about how piracy is robbing you of your hard-earned dollars when the same audience sees how today's pop stars live on shows like "MTV Cribs."
That same audience witnessed the excesses of music industry execs who dined on lavish expense accounts, threw big parties, drove around in their Porsches, Ferraris, Mercedes, etc., and made the big-buck salaries.
Needless to say, the campaign was a bust.
So that's about it. If I missed something, please let me know.
Today, CD prices are still too high compared to other entertainment options. Why?
The labels have yet to create a great online experience where consumers can buy music? What are they waiting for?
The RIAA is drowning in a sea of useless litigation. How does any label executive defend their annual contributions to the association?
One reader sent me an e-mail a few weeks ago and said, "I can't believe that the industry does nothing...why? The demise of the music industry will no doubt be studied in business schools in years to come. It's a textbook example of an industry and its leaders who ignored all the warning signs all around them, and did nothing."
GETTING THE MUSIC OUT THERE...FUNNELING PASSION INTO BUILDING YOUR OWN LABEL... EVEN IF THESE DIFFICULT TIMES
There's a whole of changes going on in the industry, and this new section of the newsletter occasionally features interviews with people working in various capacities in the industry who are succeeding in "getting the music out there" in a myriad of different ways as the industry sails through heavy storms.
The section features talks with managers, independent label people, artists, marketing professionals, hi-tech people, retailers and others in the industry who have a worthwhile story to tell that might be of interest to you, the readers.
This week, I talk with industry veteran Joe Reagoso, now the President/CEO of his own label, Friday Music. Some people might think starting a label is simply crazy considering the downturn in the music business overall, but Joe has taken the passion he carried as a promotion executive and created a very successful independent label that has grown significantly over the past few years.
I was always amazed at Joe's depth of knowledge about music and we used to spend hours talking about great pop music and the artists we loved.
Utilizing his industry experience, his knowledge of the music he grew up on, and with lots of hard work and putting in long hours, Joe now has over 250 titles on the Friday Music label.
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SM: Why don't you start by telling us when you first got the idea to start your own label? Was it something you thought of while you were still doing promotion in the industry, or did the idea occur after you left your last label gig?
JR: Like so many people, I always wanted to do my own thing. But, how do you find the resources and the time to develop an idea like "I want my own record company" when you are working 24/7 for a major label for over two decades of your life?
I was always "promoting" records, even as a kid. You know, doing stuff like bringing albums to school, playing them after class for people and getting them into the music. I vividly remember drawing album covers all the time. I would daydream in fourth grade and make up album covers, with long haired hippies with guitars ... guys that looked like John Lennon or Frank Zappa. I would design these cool record labels. I was a strange one indeed...hooked on MAD Magazine, Canned Heat, The Monkees, The Doors, The Beatles at 8 years old.
That enthusiasm stuck with me over the next four decades. You hired me at MCA (he really did, folks!), then I spent some time at Atlantic, and I enjoyed a long run at BMG with our good friends Butch Waugh, Joe Galante and Skip Bishop, then I went back to MCA when Skip stole me back. I rode the national promotion thing for a long time, but in late 2001, I knew it was time for me to make a move. Things at the major labels were already starting to change.
I went to see Yes do a show at the Tower in Philly with my good friends, the late Ed Sciaky from WMMR and Michael Lessner from Live Nation, and I couldn't believe the audience. It was all kids, parents, guys, and they were all carrying box sets, CDs, posters, books, you name it. Here is the ultimate progressive-rock band playing a three-nighter in Philly; each show was sold out and people were grabbing everything in sight. That night convinced me that classic rock will never die, and for the past six years now, we have been keeping the story alive with this unique company called Friday Music.
SM: What was the most difficult hurdle you encountered in starting the label?
JR: As you can imagine, there were some very challenging hurdles in starting the label. First, I needed to find artists who believed in my ability to develop a label, and then finding a distributor who would distribute a new label. Money and resources are always a challenge, especially when you use your own money. I've always been good at budgeting money and now with my own company, it's even more important to keep an eye on expenses, but not at the expense of the quality of our catalog.
Meeting deadlines, mastering music, dealing correctly with each artist is more than a full-time job. I try to remember that each album we release is like your own child. You want the best graphics, the best sound, and then you need to convince consumers to take care of your "kids."
Friday Music is a brand that I want the consumer to know they can count on every time for superb quality in terms of artistry, sound and graphics. We truly strive to release music that people have been searching for and if they like it, they usually buy more music from us because they can be assured of getting quality product.
SM: Once you did start the label, was it as daunting a task as we've heard, or did you find it less difficult than expected?
JR: It's more daunting a task then one could imagine. Especially with all of the piracy, theft of music, store closings, while trying to stand out above the rest with your own music, and all at a time when there are so many other entertainment choices a consumer can have. It is definitely not for the faint of heart by any means. It's something that requires complete dedication 24/7. You need to be patient, persistent, think long term and adapt to change.
I wish I could say it was less difficult, but as we grow, it soon becomes more demanding...the more creative you need to be, the more artists you want to have on board, the more production techniques you need to master, and so on. But, just to be here talking to you about it all makes it a very rewarding thing for me. It's a make-believe dream come true for me.
SM: What was the first project you sought to secure for Friday Music and how did it come about?
JR: I had a wish list of some things that I knew could sell. I would have liked to release a lot of obscure titles, and we do that as well, but you have to make revenue, or you wind up going out of business, so I gravitated towards some really good stuff that I was able to secure from The Guess Who, Canned Heat, Manfred Mann's Earth Band, Procol Harum, etc. Our first few albums were Flash's 'Flash/Out of Our Hands' (yes, the band with that infamous album cover) and Triumvirat's "Spartacus." Both are consistent sellers for us, and both are over 30 years old! But the progressive rock buyer gets younger every day, and they discover fine artists like these and others that we have on the roster.
SM: After the first few signings, did things start to accelerate?
JR: It wasn't an overnight success, and for me I looked at it very realistically. I knew it wasn't going to be an easy ordeal, but anything that is ever really a success in our field is never easy. But we stuck with it, and now it's become an interesting brand to the consumer and critics alike.
When the first CD hit, and I saw it in my own hands, listened to it on my stereo, and then I saw it in stores, and then on the Internet, it was then I kind of knew we had something special that was going to resonate with the classic rock buyers.
When I first kicked off Flash, Triumvirat, and a Guess Who album called "Shakin' All Over/Hey Ho/ It's Time." I was at the 2003 NAB in Philadelphia, and I remember getting the promo copies and giving them to a bunch of old radio buddies. I think they thought I was nuts at the time. Five years later, these albums are still in print, and we have about 250 other albums now in our catalog since those releases.
SM: What kind of distribution did you have initially? And has it changed?
JR: We started with a small but credible distributor for a couple of years, but we outgrew them in a very short time due to the level of releases and the need for better exposure and sales opportunities. In the last two years, we have signed deals with three major distribution companies: RYKO (WEA) in the U.S.A, Universal Music in Canada and Pinnacle overseas. Plus we also work with all of the digital companies like iTunes, etc.
SM: Do you find the albums you release sell better at independent music retailers? And what are some of the trends you see developing on the horizon at retail?
JR: You need both the major and the independent retailer to make it these days. You always did. There are some great big box accounts, which have incredible rock music buyers that know to grab the new Johnny Winter, Joe Lynn Turner or David Lee Roth projects for their chains, and then you have to give equal props to the mighty indie accounts. These entrepreneurs are doing the same thing that we do, and with all of the bad press the labels and retail has been taking over the past number of years, I could name you a ton of accounts, both major and indie, that have stayed in the business because they love it, and will do what it takes to hang in there.
Losing Tower Records was horrible. What a great store. Tower had created such a great retail environment for people to buy music. It hurt a lot of us. We all took some major losses there, but again, if this is what you do, you stick with it. A number of other accounts have taken the lead and now you see more sales at other accounts that Tower shoppers have moved on to.
In terms of futures, many consumers today are calling for high-quality vinyl releases and we hear their call. Therefore, we are developing an exceptional catalog now with 180 Gram Audiophile releases to capture that hi-fi enthusiast, and for the fans that missed vinyl the first time around. Our first release on Friday Music Vinyl is The Doobie Brother's "Minute By Minute." I figured if I wanted to make a statement about our commitment to this format and to the classic rock genre, why not start the division off with a four-time Grammy Award winning album, filled with #1 hits, and probably one of the best sonically recorded albums of all time. We'll be following up this first 180 Gram Vinyl release with more Doobie Brothers platinum-plus titles like "The Captain And Me," plus America's multi-platinum debut "Horse With No Name," Tower Of Power's "What Is Hip" album, our Johnny Winter albums, and more.
When I began the mastering process on the Doobies, I almost died and went to heaven. Good gosh, just replaying "What A Fool Believes" over and over again. Listening to the voice of Michael McDonald, looking at the album cover proof, and feeling a tear in my eye knowing that this is what my life is supposed to be about. This was my favorite band in college, and here they are now on Friday Music.
I just completed the Tower Of Power album. Man, oh man ... Lenny Williams is such a great singer. But he outdoes himself with "So Very Hard To Go" and "What Is Hip" The Tower Of Power horns, the drum hits, I mean everything is just slammin'. A top-10 gold album in the mid '70s....and it sounds like it was recorded today. They were way ahead of their time in the studio and it shows. Wait until you hear it.
SM: How involved are you in overseeing every release on the label?
JR: I'm involved in everything. A & R, production, artwork, distribution, marketing and publicity, administration, etc. No kidding. It's called the new world of the record biz, it's multi-tasking and staying in business, Joe Reagoso style. I was talking with one of my artist's managers, and he flattered me when he said he wanted to open a panel at SXSW this year, and call it "Joe Reagoso 101."
When I have to budget my own dollars and allocation of time, it can be very difficult. That is probably the hardest thing for me, the business side. I wish I could sit here all day and knock out creative decisions and develop music in the studio, but the bottom line is that it's a business. The margins of profit are very tight, and you can't slip up. Costs are tremendous, there are just so many variables that make up one compact disc, one vinyl album, or a download. So it kills me, when people who steal say shit like, "Well, I can buy a blank disc for 10 cents, why should I pay more?" If they only knew or cared about what goes into delivering the quality in music.
SM: How do you go about finding new artists and albums for Friday Music? Are you at the point yet where some artists are actually calling you and seeking information about the label?
JR: I tell everyone that Friday Music is my favorite record collection. Fortunately, I grew up with a lot of these albums and artists, and when you go to our website www.fridaymusic.com , you get the essence of what we're all about. As a rule, I try to stay with albums that sound great, gems that people forgot about, or new things from legends like Richie Furay, Dave Mason, Ray Manzarek and Canned Heat.
SM: What role does the Internet play in your overall sales strategy? Is Friday Music's catalog available at iTunes, amazon?
JR: iTunes, Rhapsody, E-music, all of them. They are all great and an incredible asset to our business. A lot of it is found business, because there are fans that may just want one or two tracks, and then they will wind up buying the physical CD if they liked the couple of tunes they downloaded (legally). The online stores are so essential to the labels these days, but you really have to meet their needs effectively and rapidly and stay on top of them.
SM: What decision making processes go into deciding what artists and albums you might want to add to the Friday Music roster?
JR: Quality of the artist's music and no hassles, or forget it. If it sucks, I walk away from it. Let someone else have it, no matter what it's worth, because in the end it's called sanity.
SM: I assume your years of promotion experience have helped immensely. Do you still talk to any radio people?
JR: All the time. I wish they could play albums from two decades ago, but hell, they have enough problems trying to play stuff that is new, let alone classic rock music.
I talk with a good majority of the programmers who are still doing their gigs on the airwaves here and there, and you have to love all the folks that showed up at XM and Sirius. There are some really good old friends at both of those outlets, and thank God for that! Their listeners need their daily dose of classic rock and progressive rock music. They are our audience indeed!
SM: You've carved out quite a nice niche market with the label ... what's been some of your highlights.
JR: Thank you. I am pretty humble and thankful about this whole thing. Most notably, getting our first major distribution deals with RYKO, then UMG and Pinnacle. It has changed our world here at Friday Music for the better and for the roster of my artists as well. A lot of this success is because of the major distributors. I mean I blinked one fine day and our records were in the stores like never before. These are three very strong and mighty distribution forces; they all have impeccable leadership and viable sales teams. They are helping to make Friday Music a brand in the consumer's mind, and I thank God for each and every person at these companies.
2006 was a turning point year for us. We had a couple of chart hits at AC radio with Dave Mason and Randy Bachman, plus we acquired the rights to several of David Lee Roth's solo albums before anyone had any idea there was going to be a Van Halen reunion tour.
The RYKO convention was pretty cool in New Orleans. I love that town! Dave Mason and his band opened the convention the first night, and blew the doors down. The retailers were blown away! Plus, we achieved a #3 AC hit that week on the FMQB chart with his new song "Deaf Dumb and Blind." It was a definitive night for all of us.
Plus we tapped into the Deep Purple catalog this year, along with solo releases from Joe Lynn Turner, the late Tommy Bolin, so it's been a very good time. I remember moving to California last year, driving down Pacific Coast Highway listening to "Burn" by Deep Purple, and I prayed and wished for some Deep Purple albums to release on the label. My wishes came true when we released three incredible albums from the mid-'70s: "Stormbringer," "Made In Europe" and "Come Taste The Band." Now, in 2008, we currently have one of the best selling box sets in the rock genre with Tommy Bolin "The Ulitmate: Redux." It's amazing. Tommy had a very short time on earth, but he left us a treasure trove of music to last for many years, and his fan base is exceptional and very loyal. Our good friend and ace guitarist/label owner Steve Vai contributed his thoughts in the liner notes, too. A very credible artist and fan of Tommy Bolin, he takes the torch that Bolin lit, and now carries it to whole new level with his unique guitar style.
The end of the year gave us a top-15 Blues album in Billboard with Johnny Winter and his first installment with us called "Live Bootleg Series Volume One." This is such a thrill for me. I recently looked at the amazon.com rankings, and we were the #1 Live Blues Album and #7 Overall Blues Album. This is a great victory for the artist, for the retail folks that made it happen, and especially for me. As we signed our deal, I remember telling him that this meant a great deal to me. He kind of mentored me musically since the sixth grade and I played alongside of his records for years on my guitar. Just to have Johnny aboard has been a very important chapter to our success.
SM: Would you consider signing any new artists at some point if you heard something exceptional?
JR: We have and we are continuing to look at all possibilities, but it has to be exceptional and it has to have a story at retail and at the concert/live performance level before we take a leap.
SM: What is in store for the rest of the year?
My good friend Ray Manzarek (The Doors) and Roy Rogers, the great blues/slide player from the Bay area, are delivering this very classy album called "Ballads Before The Rain." It features just these two master musicians on nine new tracks including some very cool bluesy versions of the Doors' classics "The Crystal Ship" and "Riders On The Storm."
We are re-releasing Paul Rodgers' first solo album "Cut Loose," which will be a 25th Silver Anniversary Limited Edition CD. Paul has graciously given us the green light to include graphics seen nowhere else -- liner notes, lyrics, photos, memorabilia, plus new quotes from some of his best friends like Jimmy Page, Brian May and Paul Stanley. We are also going to re-release his second solo album "The Law" w/ Kenney Jones from The Faces and The Who, another limited edition with some bonuses nowhere else but here. Think about this guy -- 40th year in the music industry, 25th year as a solo artist. A lot of us call him "The Voice." He just cut a new recording with Queen, opened for the Led Zeppelin concert at the Royal Albert Hall, plays with his own band on a regular basis, it's like he is a 20-year-old rock star again. You have to go to his shows ... nothing but hits!
Canned Heat has been a very consistent seller with us and we have many more projects in the works with them, including a comprehensive box set on the final days of Bob "The Bear" Hite. Fito De La Parra is one of the coolest guys on the planet. He has so many stories about growing up in Canned Heat, and we get together several times a year to develop new projects. Bob Hite was a pivotal fixture during the legendary "Summer Of Love," into Woodstock, and then throughout the '70s until his death in the early 1980s. I met Fito when he was co-headlining with John Mayall in Philly when I was about 21. We have been the best of friends for a long, long time. Funny guy. He just breaks me up.
Johnny Winter has more "Live Bootleg Series" projects over the next bunch of years here, and we kick of 2008 with "Volume Two" in March. His career is golden lately. His appearances on the PBS Special "Crossroads with Eric Clapton" has been such a boost for the guy. He will be touring extensively worldwide this Spring and Summer.
The folks at Tommy Bolin Archives have brought a plethora of material here, and we have about 20+ albums in the works to be remastered and re-released in conjunction with Johnnie Bolin, Tommy's younger brother. Johnnie is a solid drummer in his own right, and has been playing the past 10 years with Black Oak Arkansas.
This is just the beginning. Look for more Manfred Mann, Renaissance, Wishbone Ash, Dave Mason, etc. More vinyl as I discussed earlier, plus more digital only releases from some of our key artists as well.
SM: Do you support retail with any special materials, or do your distributors watch over that?
JR: We advertise at retail and with specialty magazines, and we sponsor in-store appearances, special club/concert events, etc. We do things like samplers, digital samplers, CD listening stations, Friday Music T-shirts, you know, autographed items and more. When our distributors need promotional materials and ideas from us, we most definitely honor their requests.
SM: It's obvious that your passion for music has fueled your success. Possessing that passion is so essential, yet I see so many people in the business today without it...it's sad. How do you view the music industry overall today?
JR: The passion thing is either innate or you just don't have it. You cannot learn the music business; you have to have it inside you...you may learn the systems, new ways of doing things, etc., but either you are born with passion or you're not. I think Trump once said something like, "follow your dreams and the money will follow." With that being said, the road from a dream to making some money is a hard road for a lot of us, but sometimes you do get thrown an opportunity now and then. My good friend and music mogul Ron DeMarino often says, "The wheel only goes around so many times in your life" and that philosophy has guided some of my decisions about what to do since I got into this business. In a Cliff Notes version, hard work, being humble EARLY, honesty, pay your bills on time, and sticking with it.
It is true today that the passion has fallen apart a bit. Look, people steal music. Kids don't cut lawns for a new album or to buy a single. A whole generation of youth grew up not playing instruments, or not buying a record. How can you rebuild the confidence of a sales staff at a label when giant record stores get sold because the real estate is more valuable than the music and the customers inside the buildings? Major labels laying off thousands on a yearly basis. It's bad stuff all around.
Like many others, I saw this coming seven years ago. A lot of people who were working in the business weren't really into it at that time. It was a great paycheck, good benefits, but after the party was over, you knew they weren't long for the music industry.
In previous times in our business, promotion and sales people were like "farm teams" formed at the local branch levels or from regional one-stops. These "farm teams" grew a good amount of the local talent and executives who went on to national success from the 1960's through the early '80s. When the majors started to close down specific branches, that meant finding label talent was closed down, too. I was one of the last lucky ones to be engaged in that world. I worked in a one-stop in Philly at the age of 17, I met all of the heads of promotion and sales at the majors, made good friends with all of them, and when I graduated from college, I could make a few calls and get some work, which eventually turned into my first gigs at the majors like MCA and WEA
Today, it is a different animal all together, but there are definitely survivors and people that want to keep this industry flowing. It all comes home for me when I can look back a week ago, and listen to the final mastering of "Minute By Minute," or take a phone call from any of my artists, or get a five-star review on a Johnny Winter album, then I know, for sure, that this is what I am here for. This is what the passion was all about; I wish it happened two decades ago, but all good things happen in time.
If you'd like to contact Joe Reagoso, you can e-mail him at: sales@fridaymusic.com.
Lawyers Seek To KO File-Sharing Lawsuits, Claim Unlawful Investigations
From mediapost.comNote: My thanks again to Attorney and friend Ray Beckerman, a member of the Electronic Frontier Foundation, and active, along with his colleague Ty Rogers, in representing consumers targeted by the RIAA for file sharing. Ray pointed out to me that in the story below "had they researched this well, they would have discovered the claim has also been made in Florida and Texas, and in each case got the RIAA to go away with its tail between its legs."
The Texas case is SONY v. Crain. See: http://recordingindustryvspeople.blogspot.com/2007/12/riaa-drops-claims-against-texas.html.
The Florida case is UMG v. Del Cid. See: http://recordingindustryvspeople.blogspot.com/2007/10/umg-v-del-cid-florida-case-in-which.html.
As always, thanks Ray.
The story...
For five years, the Recording Industry Association of America has relied on the company MediaSentry to gather evidence for lawsuits against alleged online file-sharers. But now MediaSentry's tactics are being called into question by defense lawyers, who argue that courts should bar key evidence or quash subpoenas based on allegedly improper investigations.
In at least three cases now pending across the country--in New York, Oregon and Massachusetts--lawyers have alleged that MediaSentry is not a licensed private investigator in the states where the lawsuits were brought. Therefore, they argue, the RIAA should not be allowed to use information gathered by the company in court.
Read more about it by clicking here.
Record Companies Go After China's Baidu
From cnet.comThree global record companies have launched legal proceedings against China's top Internet search engine Baidu.com, accusing it of violating copyright by giving access to music files.
Universal Music, Sony BMG Music Entertainment (Hong Kong), and Warner Music Hong Kong have asked a court to order Baidu to remove all links on its music delivery service to copyright-infringing tracks that they own the rights to, the International Federation of the Phonographic Industry said in a statement.
Read more about it by clicking here.
The 7 Most Unforgivable Grammy Award Snubs of All Time
From cracked.comThe Best Rock & Roll Recording category in 1966 was so jam packed with awesome that even the "blindfolded man chucking darts at nominees" method could have yielded a deserving winner. The list included several future classics: "Eleanor Rigby" (The Beatles), "Good Vibrations" (The Beach Boys), "Last Train To Clarksville" (The Monkees), "Cherish" (The Association) and "Monday Monday" (The Mamas and the Papas). Take your pick, it's all magic, baby! Here we have arguably The Beach Boys' and Beatles' finest moments ever squaring off, head to head, one night only!
Who will take home the gold? Oh yeah, some bullshit novelty single called "Winchester Cathedral" was nominated also, but, they wouldn't dare. Right?
Read more about it by clicking here.
Online Retailing to Grow Slower, But At $30 Billion Annually
A recent report from Forrester Research, summarized by Internet Retailer, shows that Online retail sales in 2007 reached $175 billion, a 21% increase over $144.6 billion in 2006.
Read more about it by clicking here.
Apple Doubles iPhone, iPod Touch Capacity
From cnet.comApple doubled the capacity of the iPhone and the iPod Touch on Tuesday for an additional $100. The iPhone once again comes in two capacities: 8GB for $399 and now 16GB for $499. Apple sold 8GB and 4GB varieties on iPhone Day, but it discontinued the 4GB model after it cut the price of the 8GB model to $399. Something like 90% of all early iPhone buyers opted for the 8GB version.
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It's A Wrap: The Internet Year 2007
From The Center For Media ResearchcomScore, in a recently released report "The 2007 U.S. Internet Year in Review," highlighting the major trends in U.S. Internet activity, finds that that top gaining properties and site categories featured some of the top Internet brands, including Google, Facebook, Wikipedia and Craigslist.
Social networking giant Facebook.com reaped the benefits of opening registration to all users, jumping 81% versus December 2006 to 34.7 million visitors in December 2007; Wikipedia sites gained 34% to reach nearly 52 million visitors, continuing its reign as the Web's most popular reference hub; Craigslist.org jumped 74% to 24.5 million visitors; AT&T grew 27% to 30.2 million visitors boosted by its exclusive deal with Apple as carrier for the iPhone.
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Verizon Opposes Network Filtering
From The New York TimesHollywood, in its struggle against Internet piracy, has called on Internet service providers to start filtering out access to certain peer-to-peer file-sharing destinations. AT&T, a provider of high-speed DSL service, has slowed down traffic its network sends to peer-to-peer sites. The telecom giant is also thinking about developing a system hat identify and block illegally copyrighted material being sent over its network.
However, Verizon, a rival ISP, opposes that concept. Tom Tauke, Verizon's executive vice president for public affairs, said the idea of network filtering raises privacy concerns and by acquiescing to Hollywood's request for network filtering, Verizon would be doing a disservice to itself. Phone companies have spent a century trying not to be liable for what people say over their lines.
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PC Magazine Offer: Burn CDs, DVDs, and Blu-Ray Discs for Free
PCMag.com is offering its registered users the full version of Ashampoo Burning Studio 6 for free. You just need to register at PCMag.com and you can download this simple-to-use CD, DVD, and Blu-ray burning software.
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GRAMMY UPDATE
It's the 50th anniversary of the Gammy Awards, so look for some good stuff Sunday night. Among the goodies: Jerry Lee Lewis and Little Richard will perform with John Fogerty; the casts of Cirque du Soleil's Beatles "LOVE" show and the film 'Across the Universe' revive "A Day in the Life" and "Let It Be" in tribute to The Beatles; Andrea Bocelli and Josh Groban will perform "The Prayer;" and there is supposed to be a star-studded tribute to Michael Jackson's "Thriller" as it celebrates its 25th anniversary.
THE BEATLES BLAST INTO SPACE
The Beatles became radio stars in a whole new way on Monday when NASA broadcasted the Beatles' song "Across the Universe" across the galaxy to Polaris, the North Star. "Send my love to the aliens," Paul McCartney told NASA through a Beatles historian. "All the best, Paul." The song, written by McCartney and John Lennon, will be flying at the speed of light. But it will take 431 years along a long and winding road to reach its final destination. That's because Polaris is 2.5 quadrillion miles away.
SHEA IS GOING AWAY
Billy Joel will be the last artist to play at New York's Shea Stadium with a July 16 concert billed as "The Last Play at Shea, From the Beatles to Billy." The show comes in the midst of the New York Mets' final season at Shea before the team moves into its new home at Citi Field in 2009. (For those to young to remember, The Beatles were the first group to ever fill Shea and a whole bunch of other stadiums. Prior to that, there was no such thing as "stadium or arena rock" concerts. The Beatles were the first to ever play such venues)
EX-IDOL HITCHED
She may have lost her record contract, but she locked up the producer. Ex-Idol runner-up Katherine McPhee wed producer Nick Cokas last Saturday. The two met in 2005 and got engaged last year.
SPICE GIRLS DONE
The Spice Girls' comeback world tour wrap at the end of this month, and the rest of the dates in Australia, China, South Africa and Argentina have been cancelled. "Sadly, the tour needs to come to an end by the end of February due to family and personal commitments for Emma, Geri, Mel B, Melanie C and Victoria," the group said in a statement.
BONNAROO LINEUP
Metallica and Pearl Jam have been tapped to headline the 2008 Bonnaroo Arts and Music Festival, taking place June 13-15 on a 700-acre farm in Manchester, Tenn. The lineup also includes Kanye West, Jack Johnson, Willie Nelson, B.B. King, the Raconteurs and Death Cab for Cutie. Robert Plant will appear with "'Raising Sand" collaborator Alison Krauss.
SEXY SADIE PASSES
The Maharishi Mahesh Yogi (and inspiration for The Beatles song "Sexy Sadie"), the transcendental meditation guru who hosted the Beatles at his Indian ashram in 1968, died Tuesday of natural causes at his home in the Dutch town of Vlodrop. He's believed to have been 91.
THE WEEKLY BRITNEY SPEARS/TRAIN WRECK UPDATE
Britney Spears is out of the hospital. The singer was released from the psych ward at UCLA Medical Center Wednesday after almost a week of treatment. Where she was going is anyone's guess. We'll keep you posted.
THE WEEKLY AMY WINEHOUSE/TRAIN WRECK UPDATE
Amy Winehouse was questioned this week by London police over the content of the now infamous video published by the Sun tabloid last month in which the rehabbing "Rehab" singer is shown smoking from what appears to be a crack pipe, in addition to admitting to having taken six Valium at a late-night house party at her London home. A Scotland Yard spokesperson said "inquiries into the matter are continuing." In the meantime, Amy won't make the Grammy show; her visa was denied.
MADONNA DOES MALAWI
Madonna and Gucci have partnered up to toss a star-studded benefit for Malawi, taking place Wednesday at the United Nations. The event will feature performances by Alicia Keys, Timbaland and Rihanna.
HITTING THE ROAD
Mary J. Blige and Jay-Z are teaming up for a 25-date co-headlining tour of North America. The Heart of the City tour kicks off Mar. 22 in Miami and will make stops in Philadelphia, Boston, Washington, D.C. and Los Angeles, among other cities.
CHER DOES VEGAS
Cher has signed on to headline approximately 200 shows over three years at the Colosseum at Caesars Palace, beginning May 6. "I'm back, and I plan to give my fans the best experience yet," Cher said in a statement. "I think everybody knows I only do things in a big way." Really? We had no idea.
FREE IS ALWAYS BETTER
Move over, Ma Bell. Free directory assistance services such as 1-800-Free411 will ultimately overtake traditional paid assistance among mobile consumers once they become more aware of them, according to a new study by Opus Research. So put that number in your cell phone's memory banks and stop paying when you call information.
ARETHA AND CLIVE SPLIT
After a long-time association with Arista and Clive Davis, Aretha Franklin is no longer on the label.
Quotes of the week
"Well, maybe compared to yours. Mine always showed up to custody hearings and rarely did she show her vagina to the press."
-- Jimmy Kimmel, responding to Paris Hilton's comment that Britney Spears is a "great mother.""I just found out about 10 days ago that I must live 300 or 400 yards from Britney Spears... So now I have to move."
-- George Clooney, in Newsweek talking about the disadvantages of being in Spears' neighborhood. Uh, you just found out, George? Where the hell have you been this past year?"If I change my name again, y'all can have me certified as crazy. Alright?"
-- Diddy, on reports he's changing his name again, to the New York Post"There are men in suits. There are men in dresses. There are all sorts."
-- Victoria Beckham, on who's in the audience at Spice Girls concerts, on Good Morning America. Well, I don't think "all sorts" are really there, Victoria. I doubt very much that NASCAR, football, boxing and wrestling fans were in abundance."I'm fine being alone during the day, but I hate being alone at night. I like having friends around me, but now I'd much rather be at home. That's not to say I'll never go to a club again, because I'd be lying."
-- Lindsay Lohan in Glamour magazine, talking about her her current state of sobriety. Note, I said "current.""Amy Winehouse is really bummed that her visa was denied and now she won't make her appearance at The Grammy Awards show. Amy is nominated for 'Best Album' and really wanted to be there. Not to pick-up the award in case she wins...she heard that all the best drugs one could ever want are easy to get in Hollywood."
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The B-Side - 'Blips'
THE ONION (www.theonion.com) STORY OF THE WEEK:
Bob Seger Asks 'Seriously, Cleveland, How Are You?'
Hello again, Cleveland! It's me, Bob Seger. You may recall me from the rock-and-roll concert last night. First off, let me say that it was such an amazing show-we played all the hits, blew the roof off the place, and you were a great crowd. But, honestly, I was a bit surprised when I inquired as to how you were doing, and you responded with a curt "Woo!" and just left it at that. You might have thought it was a mere pleasantry on my part, but I really meant it: How are you?
You see, when I mentioned last night that I was going to Katmandu, it was just part of the act. I'm actually in Akron right now, and I'm available via phone or e-mail. If you prefer, we can meet face-to-face, grab some coffee, and just discuss whatever. School, work, politics, life in general-you name it. Even if nothing's really on your mind but you just want someone to talk to, I'll be here.
Read the rest here and laugh: http://tinyurl.com/26993e.
The Blogs
Check out a great blog by Jerry Del Colliano, the Director Executive Programs, Clinical Professor Music Industry & Recording Arts, at the Thornton School of Music,University of Southern California, by clicking here: http://www.insidemusicmedia.blogspot.com.
Box Office
Check The Daily & Weekly Box Office (and more film info) at: www.boxofficemojo.com
TinyURL
Check out www.tinyurl.com where you can make a smaller URL that will work for any webpage you wish to link to or reference. (As you can see, I'm using it in my news stories above!)
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