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TWO LOUIES, December 2000 REWIND 1993

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TWO LOUIES, December 2000 REWIND 1993 OREGON MUSIC / DECEMBER 2000 PRODUCTION/VENUE GUIDE SPEND YOUR NEW YEAR’S EVE WITH FLOATER AND SPECIAL GUESTS AT THE ALADDIN THEATER Tickets on sale November 27th Available at Ticketmaster and the Aladdin Boxoffice Questions: [email protected] PO Box 603, McMinnville, Or 97218 • www.floatermusic.com • www.elementalrecords.com 2 - TWO LOUIES, December 2000 REWIND 1993 hirty years after is was recorded at Northwestern for a little over fifty Tbucks, Portland’s Greatest Hit,“Louie Louie” written by Richard Berry and recorded by the Kingsmen was honored by the Oregon Historical Society and BMI with a large bronze plaque dedicated at the site. The Kingsmen and Paul Revere & The Raiders both recorded “Louie Louie” at Bob Lindahl’s studio. The Raiders version was the first to find a label (Columbia) and regional suc- Richard Berry Band l to r: Rich Gooch-bass, Mark Spangler-guitar, Richard Berry, Jon Koonce-drums, cess, but the Kingsmen’s version on Wand rose Gregg Perry-Hammond B-3. Not pictured Gary Ogan-piano, Renato Caranto-Saxophone. through Billboard’s charts peaking at #2 in January of 1964. The same week, Cashbox Attending the most prestigious moment in The day after the plaque ceremony Richard reported “Louie Louie” #1. Portland popular music history were the writer Berry headlined the 1993 Waterfront Blues The July 2nd 1993 plaque dedication was of “Louie Louie” Richard Berry, Chet Orloff of Festival with a backup band of distinguished the first co-promotion uniting the Oregon the Oregon Historical Society, the producer of local musicians. Berry passed away at his home Historical Society’s sound and recording archives the Kingsmen’s hit Ken Chase, Raiders manager in Los Angeles in January of 1997. In April of and the Oregon Music Coalition, the organiza- Roger Hart, and Kingsmen guitarist Mike 1998 the Kingsmen were awarded ownership of tions now behind the Oregon Music Hall of Mitchell. Mitchell is the only musician on “Louie the master tape of “Louie Louie” in a precedent Fame. Louie” who still performs with the band. setting appeals court ruling. 3 – TWO LOUIES, December 2000 RELEASING YOUR OWN RECORD: A LEGAL but is such common (and often fatal) problem ic about how the producer’s credits are to be list- CHECKLIST that I feel obliged to mention it here anyway. ed. For musicians performing on the record who By Bart Day 4. Mechanical Licenses. For any cover songs are signed to a label, they will normally need to appearing on the record, you must obtain a be credited as appearing “Courtesy Of” their or artists who are releasing their own mechanical license from the owner of the song label. record for the first time, without the (i.e., the song’s publisher), authorizing the song 9. Liability Releases/Permission Forms. You Finvolvement or assistance of a label, to be recorded, and providing for the payment of need to consider the possible necessity of getting the process can be a little intimidating, and it can mechanical royalties. In many cases this license a liability release or permission form signed in be easy to miss some key legal details in the can be obtained from The Harry Fox Agency any of the following scenarios: (a) If a photo- process. (212/ 370-5330, or http:www.nmpa.org). Allow graph and/or artistic image of an individual out- Therefore, here is a very basic checklist of six to eight weeks for this process. side the group is included in the artwork, (b) If issues to be considered when releasing a record. For songs not licensable through Harry Fox, any of the artwork which you are going to use is Bear in mind, though, that your own particular you must contact the publisher directly. Usually owned by any third party, or (c) If any logos or trademarks owned by third parties appear in your “If there are investors involved, certain documents artwork. There can be some tricky legal issues in this area, so be very careful here. will need to be prepared, in order to comply with 10. Copyright Notices for Songs. Be sure certain Federal and State securities laws.” that the liner notes contain the correct copyright notices for all of the songs on the record, i.e., circumstances may dictate that you take certain the easiest way to do so is to obtain the publish- both for your original songs and any cover songs steps which are different from, or in addition to, er’s contact info from the “song indexing” which you are using. Information about copy- the various steps mentioned below. Also bear in departments at ASCAP and BMI. right notices can be obtained at mind that, due to space limitations here, it has 5. Sampling Clearances. If you are includ- http://lcweb.loc.gov/copyright/. Also, make sure been necessary to greatly oversimplify some of ing any samples on your record, you need to that the song credits correctly state for each song the issues discussed below. obtain sample clearances from the publisher of the name of the song’s publisher and the pub- 1. Agreement Between Members of Group. the song sampled and the label which owns the lisher’s performing rights society (i.e., ASCAP, If it is a group (as opposed to a solo artist) releas- master being sampled. Do this as early as possi- BMI, etc.). ing the record, and if the group has not already ble, as there will be some instances in which 11. Copyrighting Your Original Material. formalized its relationship by way of a partner- either the publisher or label will not be willing to Certain copyright applications need to be filed ship agreement, incorporation, or limited liabili- issue a license, or the licensing fee which they promptly for your recordings and for your own ty company (“LLC”), then there should at least require may not be affordable. original songs. Use “Form SR” for copyrighting be a clear and simple agreement among the 6. “Work for Hire” Agreements. For any ses- the masters of the songs, “Form PA” for each of group members about how the finances of the sion people, engineers, etc. whom you are hiring, your original songs on the record, and “Form recording project will be handled. Also, inciden- it is wise to have them sign a short and simple VA” for the artwork (if you own the artwork and tally, it is always a good idea to deal with the issue “work for hire” agreement, to preclude any pos- want to copyright it). of the ownership of the group’s name, as early in sible future claims by them that they are owed 12. Registering Your Original Songs with the group’s career as possible. royalties or that they have ownership rights in BMI/ASCAP. Assuming that the record contains 2. Investors. If there are investors involved, the masters. one or more songs which you have written, and certain documents will need to be prepared, in 7. Producer Agreement. If you are using an assuming that you are affiliated (or are becoming order to comply with certain Federal and State outside producer, there needs to be a producer affiliated) with ASCAP or BMI, you will need to securities laws. Be especially careful here. agreement signed, defining (among other things) file “title registration” forms for each of your 3. Distribution and Promotion Strategy. how the various costs of the recording sessions original songs appearing on the record. This will Think ahead about how the record will be dis- will be handled, what advances (if any) will be enable your rights society (i.e., ASCAP or BMI) tributed, advertised, and promoted, and how paid to the producer, and what producer royal- to monitor the airplay of your material. much money will be needed to effectively market ties will be paid to the producer. 13. Trademark Notices/Registrations. Be the record. Sometimes all (or almost all) of the 8. Production Credits. Make sure that the very sure that you have the legal right to use the budget for the project is spent on recording and production credits listed in the liner notes—for group name and label name which you have cho- manufacturing costs, and there is little or no session people, producers, and others—conform sen, and consider the advantages of filing trade- money left to effectively advertise or promote the to any contractual requirements. For example, mark applications for those names. Also, make record. This, of course, is not really a legal issue, the producer agreement will often be very specif- continued on page 9 4 – TWO LOUIES, December 2000 5 - TWO LOUIES, December 2000 Because of Poor Steve’s penchant for wondrous. espousing the Lounge-drenched philosophy of “Bleeding Ceremony” begins with acoustic ratpacker Sammy Davis Jr., as well as that of the guitar and tweeky synth injections from key- consummate Cocktail alter-ego, Buddy Love boardist Dustin Lanker, before exploding into an (from Jerry Lewis’ The Nutty Professor), lazy Aerosmith-like strut, accentuated by Moss’ journalists often mistake the œurvre of Daddies’ chunky lead guitar. brass infused musings as some sort Cab Calloway Finally, “Saddest Thing,” in its stalwart tribute. Anyone familiar with Perry’s life and impeccability, could be the work of Johnny music know the guy is truly a Rocker, in the pure, Mercer and Jimmy Van Heusen— a prototypical existential sense of the term. Las Vegas cocktail lounge torch song— tailor- And anyone party to the incomprehensibly made for Billie Holiday, over forty years after her strange Perry stage shows of the early ‘90s prob- demise. Perry’s vocal is spectacular in it’s ably has a difficult time recognizing Poor Steve in Holiday-like phrasing, as is the brilliant sax work his guise as dapper Swing maven.
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