Wednesday, May 11, 2011


Live from Mother's Day May 8! Max Vasquez performs "People" (Jule Styne/Bob Merrill), first made famous by Barbra Streisand in the hit Broadway show, Funny Girl.

Tuesday, May 10, 2011

Loves Me Like A Rock

Sang this on Mother's Day May 8 2011 at my church with my friends Dick, Alan and Harry, with Dave on piano. I posted this up so my mom can see it. She lives far away and missed the service. Ain't YouTube just great for stuff like that?

So, I googled songs about mothers when they asked me to perform and Paul Simon's Loves Me Like A Rock came up in the middle of a bunch of corny old songs- and I do mean corny! Then I called Dave and asked him if we could have the boys back me on it and he came up with such a great arrangement in 2 days! We rehearsed it a few times on Wednesday and on Sunday we just went for it.

I was a little nervous as we only ran it a few times, but I knew the song ok by then, having listened to it over again from the video online. I only messed up one word- two times in the song- ugh! I'll let you figure out which... But the sentiment was there.

Which is, to sing to my mother how much I appreciate to no end that my mom loves me and for having supported this crazy dream of mine for so long- even when she really didn't want to. It is not easy for an artist's parent to see them through their never-ending roller-coaster ride of fast failures and even shorter successes. My mom is definitely amazing!

Anyway, I ramble. Please enjoy this video we made with absolute love.

Tuesday, April 12, 2011

The Randy Van Horne Singers live Saturday April 16 7PM at Coffee Gallery Backstage

The legendary swinging Jazz Vocal group, The Randy Van Horne Singers will be doing a rare live set on Saturday April 16 7PM at the Coffee Gallery Backstage in Altadena. Come hang out and be delighted by this amazing 20 voice Jazz Vocal Orchestra!

Coffee Gallery Backstage
2029 N. Lake - Altadena, CA 91001
Saturday, April 16, 2011 at 7:00 PM
Seating is limited so Phone For Reservations: (626) 794-2424
Admission: $15.00

A rare live jazz & swingin' night by the next generation of the legendary group that you grew up hearing on The Flintstones, Yogi Bear, The Jetsons and more Hanna/Barbera cartoons!

Don't miss it!!
We've worked very hard for the past few years to bring you a tight and swinging show. Come share the fruits of our labors of love!

About The Randy Van Horne Singers

The Randy Van Horne Singers
were among the most prolific and respected session vocalists of the space age pop era. In addition to contributions to classic LPs from exotica maestros like Martin Denny and Esquivel, their buoyant harmonies are immortalized via classic TV themes including The Flintstones and The Jetsons. Founder and arranger Randy Van Horne worked in Hollywood in 1949, forming his first vocal group, the Encores, and touring with the Billy May Orchestra. In the 50s, Van Horne focused on session work with a new ensemble, The Randy Van Horne Singers , which signed with RCA Victor to cut the LP Swingin' Singin'.

In the years to follow the lineup at various times assembled a who's who of session vocal greats; among them Marni Nixon, Marilyn King, Clark Burroughs, Gene Merlino, Thurl Ravenscroft and Bob Zwirn. Albums like Sleigh Ride, The Clef Dwellers and the MGM release Sing a Song of Goodman are notable both for their light, joyful harmonies and Van Horne's clever, jazz-inspired arrangements.
At the peak of their renown, the Van Horne Singers assumed backup duties on sessions headlined by artists such as Dean Martin and Mel Tormé, and were regulars on television's The Nat King Cole Show. The Randy Van Horne Singers were admired for their contributions to the space age pop genre, with highlights including Martin Denny's Afro-Desia and Esquivel's Other Worlds Other Sounds. In 1958, composer Hoyt Curtin contracted the Van Horne Singers to perform the title theme to animators Hanna/Barbera's The Huckleberry Hound Show, The Flintstones, The Jetsons, Yogi Bear, and others. These themes are immortalized in the collective memory of the baby boomer generation.

Randy continued to arrange and write music, directed several other vocal and instrumental groups, and formed a new lineup of The Randy Van Horne Singers , which he was involved with up to his passing September 26, 2007 in Woodland Hills, California. The group carries on his grand tradition to this day, and are performing shows again! New members include director Alan Wilson and recording artists Max Vasquez, Harry Middlebrooks, Art Depew, Lynn Keller, Billie Barnum, Franny McCartney and others in the current 20 member ensemble.

The Randy Van Horne Singers:

Bill Marles, piano accompanist

Lynn Keller
Franny McCartney
Darice Richman
Suzanne Waters

Billie Barnum
Diane Gardemann
Patti Glick
Angela Michael

Harry Middlebrooks
A.J. Teshin
Max Vasquez
Alan Wilson (conductor)

Art Depew
John Drinkwater
Steve Grant
Bill Havis

Click to see our YouTube video!:

Friday, February 25, 2011

New Music Store

My first album in five years is available digitally here for only $12.99

Monday, February 14, 2011

Dawning Of The Light Ages II

My new album, "Dawning Of The Light Ages II: Moment of First Ray", in the Ambient/New Age/Third Stream cross genre will be released in mid February. I stand by it as my most ambitious musical project. It began two years ago to the month, and I took time to make it a delight to enjoy whether in meditation, or relaxing. Until February, presale orders include the first album. Both will be available only in digital format through my online store:
pre-sale link: DawningCDsale
sample song: EverythingChanges

Clearly, I had a musical agenda for this new project. My instinct has been to create certain atmospheres as I had on the original album in 1988, when the first album was begun. However, my intentions to update sonic landscape with new technology & sound designs and integrating organic instrumentation in the mix was at the forefront of my plans. Yet, integrated with sounds and influences from the past. In this new project I pay tribute to some of my biggest influences including Miles Davis, Pat Metheny, Jon Hassel, Peter Gabriel, Phillip Glass, Edgar Froesse, Tangerine Dream, Rick Wakeman, Ryuchi Sakamoto, Steven Reich, Joe Zawinul and several other pioneeers in electronic music. At the same time it's my own distinct sound and style. Each sound is custom designed and programmed by myself.

Having worked as an intern on Jon Hassel's Cityscapes in 1988/89 gave me insight into the mind of a bleeding edge innovator who'd been working with the likes of Brian Eno et al! Degrees of separation indeed. Having performed during the Rave movoment inspired me to create more electronic music. Now, I've gotten back to integrating acoustic instruments with electronics and synthesis.

During the late 70s I'd immersed myself equally in Miles Davis, Edgar Froesse, Joe Zawinul and traditional Bebop, as well as the pop/rock acts of the day such as Zeppelin, Yes etc. In the 80s I'd studied the works of Gary Numan, Depeche Mode and other New Wave artists using synthesizers. In the 90s and 2000s, I immersed myself in the Electronica field, paying close attention to Toby Marks(Banco De Gaia), Eat Static, 808 State and many others.

When I began to write with electronic instruments and MIDI in the early 80s, I'd experiment with programming sound designs, performing in the studio with free-form stream of consciousness tracks I'd create and dub over... Often in meditative and/or controlled hallucinogenic states brought about by psychotropics and deep meditation trance. This brought about the development of the first Dawning album.

I am not recreating that particular project or the mind expansion experiments, as my writing skills have developed well enough not to depend on external influences. This time, I expand upon the fields of new modern electronics, colors and rhythms, particularly in the virtual realm. This is not however, an academic sojourn in the past, but a celebration of music in it's purest-and- artificial forms. Weighty as I may make the content sound, I assure my listeners a fun romp through imagination through sound. I am also very proud to be working with William King, brilliant nature photographer and a dear friend since 1976. The photos add so much beauty to this album. Our collaboration from the first Dawning album can be seen here: Everlasting

Plus, special guests, Simon Lau from Malaysia, Cesar Cotacachi from Peru, Jimmy Street, Alan Wilson, Jeff Stetson(U.S.) - and my remix of one of my favorite compositions by Peter Gabriel from U.K.!

Thursday, March 11, 2010

Music Biz Tip #...

....took a break from writing business plans and marketing strategies, etc., for my clients- to pass this on to my emerging friends with bands who don't know why the Big League guys aren't showing up to their gigs... This next Music Biz Tip is just as it's important as hiring the right studio, engineers and mastering team for your thoughtfully worked out recordings of songs you find meaningful enough for you to want to share with the world- if not more so.

This is a variation of an article I wrote for my readers a few years ago. New readers, please subscribe to my blog and go back into the archives for a lot of useful information which may be of value to those of you wanting to enter the professional music business arena. What do I know? ...I've navigated through 34 years of this business without having to run back to Jacksonhole or wherever to run that hardware store... It's not a bad thing if that's what one wants to do,
but if you have a music biz career in your heart, well... I have also produced a music business talk radio show that was respected by industry professionals in 2007, a hit Latin American radio show in 1999, license my music and my signed writers music to multimedia opportunities(games, tv, films, etc), produce albums and songs. I am writing a book in a series of 4, and am a keynote speaker from time to time. Oh, yeah, and folks tell me they like my trumpet playing too for some reason...

New readers: I tell a bunch of my own stories and plug my videos etc here more frequently the last couple years, but go back far enough thru the blogspot to get to those articles... or not. They ain't all pearls...

Music Business Tip #... Getting The Big PPL To See Your Gig

So your musical unit has expanded into approaching "non-friend", "non-family", "non-fan" professional scouts to come see what you got. Industry people such as music journalists(oh yeah, you need those folks on your side), managers, agents, A&R scouts and the many other just as needed music business related pro's necessary to support the "machine".

When extending invitations out to these folks, keep in mind a few things to advance your "music company", [aka: band, solo artist, dancing bear, etc]. Some consider this topic somewhat taboo to speak about or controversial, but I don't play out like in did my youth,so, I'm not worried about pissing Leonard Feather off. (but he's dead anyway, bless his soul)...

For one, you are competing with many other acts in a concentrated metropolitan area, (all vying for the same attention of decision makers you want coming to yours), who know how to play the heck out of this game better with stronger funding and support. So why would they want to see you, if you are not the real next Beatles or Nirvana EVERYBODY'S talking about?

So, it is an often unspoken yet accepted protocol in the language of music business matters that there are certain amenities and show of good will to get these people to attend your event/performance. These not only include their travel and entrance, but also more often than not, extend to their meals and some drinks, and well, sometimes they want the same for their entourage/escort, etc ...that's for the advanced lecture. Also, if you want to list the performing members of the night and song-list it will always be appreciated. these things let them know you are running a "small business" rather than just a kids' band with a dream. If you are your own manager, take heed and think businesslike when you're off the stage. Or split a percentage with a successful manager so you don't have to think about these dirty dishes in the sink. But you love playing your music, and you know that the days of some scout secretly checking you out from the big recording company that wants you are pretty much- stories from 80s back issues of Musician Magazine. So now you get out there and smile and shake hands, because you know that broody moody rock posturing B.S. doesn't impress the ex ketchup corporation execs that now run music
and Vegas.

It's come up once or twice in conversations with (unnamed sources) veteran(big) A&R guys and journalists, etc., that some actually send a list of their requirements back to anyone who wants them to see their thing. They know that there are WAY more rock trios in l.A. than there are music biz career makers. The ball is in your court then to see if you're a serious entrant into the big league market.

These diplomatic (and expected) courtesies, as well as some interaction with the artists in private settings, like making sure they get sought after VIP backstage privileges, make your scout excited about bonding with the acts' music, as well as with the artists personally. If they're let into the group's inner circle it can seem to them like hanging out with Warhol would have been if you have the magic ingredients of a rising star. You want to make them feel lucky and comfortable to be in on this next big thing before anyone else sees it.

Then, as your game face plan and action improves, more will accept your invitations, from hearing the star buzz. Don't blame the reporter, and don't even blame the system or A&R guys. It's the same system if you're a construction guy going for that high rise contract. Or a traveling jewelry salesman trying to keep his 30 year customer, or a newbie engineer trying to get that GM contract to use your windshield wiper design on their next model. ...You're taking that Supervisor in Milwaukee for a steak dinner and remembering their kids names and hobbies... As rebellious and glamorous as Rock 'N' Roll sounds, it's the same system. Learn it well.

Practicing this music business (Martha-like) protocol increases your chances of gaining not only their interest in getting involved in raising your products' success, but, as this is still a small town, a good word spreads like fire, but an unfavorable one spreads like a bomb. The artists I have observed who didn't have thoughtful management to consider these things worth making the effort for are not on the radar for very long. Learning how to play your instruments and writing songs
does not make you any more special than the other good looking kid in Tallahassee that does what you do as well with lyrics just as deep. If he's playing this real life "Guitar Hero: Music Business Mogul"(patent pending) scenario better than you, guess who gets the gig?

I keep watch on several kids' careers I've been looking at many years since they were tykes. I'm not plugging them in this article, but they know who they are. At least the ones who have had longevity. The list grew short very quickly in a small amount of time. The survivors will be thrivers They become the ones who will be the next generations' heart throbs.

Or they work steadily thru their life with solid tour dates that make a pretty comfortable living while having a creativity filled life. Ol' man Dave Lee Roth is still working, but he makes a good and steady wage and still loves what he does when he wants to do it...

Do you think your act is serious enough to warrant the amount of investment it takes? Stage parents who complain about the status quo don't play this game for long. Justin, Britney and Sylvester Stallone's parents are people who knew to just do this to their fullest. Either your bands chips are all in or you're really just good weekend heroes with a story to tell when you're older in that office years from now. That's pretty cool too...

I'm not rich by any means, but I am wealthy in that I have stood my ground on what I want to do, gotten up after every knock to do it again and have been blessed to be creative, have a good support team who believes, and been a surviving music businessman/artist since I was young. I've traveled, played constantly epic gigs in front of 18 to 20 thousand kids and many warm and memorable 40 to 100 intimate performances for loving fans and so much more that I'm writing books about it all.

Coming up with an exciting marketing plan thrills me to no end these days for artists I believe in. Owning my own humble place also makes the struggle worthwhile too. Sorry for running on like this, but after 34 years of doing this, there is still excitement in doing something meaningful in trying to inspire y'all to reach your goals.

I'll be getting back to doing more of the music biz articles this year, like I used to. Thanks to you subscribers who've waited patiently. Bless you all and

Good night...


Monday, June 19, 2006

New Download Sites

Ok, so the other day Tim, my partner in The Magnus Project (also on, called me and told me his friends googled him and said they found us all over the place.So I tried this experiment and found all these wonderful links to all the albums I have been working so hard to release with a company that's been working with me to get all our stuff out there. Thanks for lettin me bend your ear and indulge myself in a little megalomyspacemania (and if by some chance you feel compelled to help us feed the kids, well, then, God Bless You all the more!): Here goes... -dbm/a/0-0/1400120767+1200000288/ n/b/-n/a/0-0/65+538+68+1200000291/0.html

Slidin' In

This is the latest upload for my peeps to dig. I recorded this in a studio I built for a guy that traded me time for my services. It's funny how this song came to be, and it's got a little bit of drama to the back story, too, making it an eventful session. I had written a country song which needed a Pedal Steel Guitar to make it real Nashville. So I got this guy from someone at the local mom&pop music store where I was working in the Palm Desert area(nothin but cows and speed freaks around me!). He comes to the studio and sets up. His pre-amp gear was so old that it made a lot of noise, so I hooked him up to my stuff and while we were setting him up earlier I had pushed record to get levels and hear what would come out. When we changed gear, I had forgotten to stop recording, cuz my back was towards the console. Anyway He was noodling around on some jazzy chords & stuff which sounded cool. After half an hour I turned around and saw the ticker going, so I stop the program(Steinberg's Wavelab- how's that for product placement?) and we hear back what he did. I said to him, "man there are some nuggets in there. mind if I keep it around and see if I can come up with something around it?" Rick (Shmitt) says "Sure why not." I keep meticulous notes on every session and it's activities, so I put this all down in my journal, because I am in the process of writing my book. Later that night I call him & tell him that I can make a song from slapping together some of the samples from his noodles and that I would share writing credits with him if anything came out of it. So I proceed to make what you are now listening to, over the next month or so. Then I put together a simple split letter agreement which he signed. Months later, I'm talking to some guy a neighbor forced on me to talk to, who was down on his luck & wanted to make some music with some one. Hesitantly, I returned the guy's call, and during the conversation found out he knew Rick the pedal guy. He asks me for his number. I didn't want to give it to him without asking Rick first, but he relented & I was tired & let my guard down. Well. Try to be nice & it comes back to bite you in the ass. He calls Rick,who I now know has horrible memory recall. He tells this cat that I sampled him and used his playing on some tune, forgetting that we had an agreement and insinuating that I did something wrong. The guy calls me back & yells that he won't want to work with some one who steals music! I was flabbergasted! To say the least. I call Rick and ask him what the hell he said to the guy, and he totally forgot we had been cool with the whole thing. To the point of having signed an agreement! Which he totally forgot about. So I told him to call the guy back because I don't work unethically and he needed to get that straight. To this day I don't know if he ever did because he has dropped off the face of the earth. Even his family doesn't know where Rick is. Karma? I don't know. But I am concerned as to his whereabouts because he may have some writer's shares coming to him if this song is any good. If anybody knows Rick Schmitt's whereabouts please let me know. Well , I hope you enjoyed a story from the wonderful hell that is my life.LOL... Enjoy the tune as well. TTFN

U Got to Know

This track has been moved to my electronic group's project artist profile. Check it out, there are four more tunes of mine to enjoy. Boy was this a blast to make! This was truly a team effort with my friends and colleagues Tim White(prog), Jimmy Street(flute) and Jeff Stetson(guitar) and myself(prog, trumpet, bass, perc). Tim came up with the rough draft idea which we all quickly blossomed into this body-movin' treat! We are including it in our CD entitled "Vintage Vibrations" - The Magnus Project which is out on some download sites including itunes, beatport, emusic and napster. I'm very proud to have these fellows on the Maxx Vaxx Music Team.

My Miles Story

I was working at a film-score studio Group Four whgen I met these young hip-hop writers on a session with Will Smith when he was still Fresh Prince. I was practising my trumpet for an upcoming gig on a break and these guys were listening outside cause when I came back out they asked me to do a session for them. Later that week I show up at their studio and they tell me that one of the producers is Miles's nephew and they were doing a hip-hop jazz song, in the Amandla period groove style, as a present for his birthday and I was playing in this style at the time, having studied him intensely for 10 years..I was the only one they wanted on the recording out of a bunch of other horn players they knew. No, really, it didn't make me nervous at all! So I heard the thing practised it once and they got me on the first take(there were two more after that but they liked the 1st!). Well, come his birthday, they showed him the tune adn he said to Tim,his nephew - Wow this cat's stealin' my shit! Cool,cool..." Tim said he liked my playing and wanted to meet me, because Miles liked the fact that i was into his new stuff, which a lot of dumb purist jazz guys were still bitching about. But not me, I dug the hell out of it and now I'm even exploring jazz with drum and bass. So, they had made arrangements to meet with me and a week before we were to meet was the day he passed away. I'm still happy that he passed the flag to me in so many words. It truly inspired me to dedicate myself even more that I already was. He really was a truly great man.

New Home (for the moment)

Hi, I'm back in L.A. and living in Valley Glen(N. Hwd), and studying with a business/marketing guru, working with producer/publisher/DJ Nikki D'Kat on starting a DJ private school, starting classes @ Berklee in 3 weeks for publishing&legal certs, and getting all my duckies in a row for my publishing company. When I can, I write here and there. I suppose at some point I'm gonna have to start thinking about performing again to promote the stuff I put out for downloads, but no hurry. What about you? (Enough talk about me, how do you feel about me?haha) No, seriously, how've you been and what've you been up to yourself? We must get together at some point soon. Good hearin from ya, brother.

i's old skool b4 old skool wuz old skool, g

Check out my artist profile! and I am all about the music. I write and play all styles, all kinds, all notes and most instruments including the tables y'all. Been doin' it since 1976(got guitar strings older n most of y'all, but that's allright cuz you only get better with age. Started my own publishing company in '96 to stop weasels from ripping me and my friends off. So far so good. I recently got a song of mine and my buddy Treavor(Moontribe) on "My Name Is Earl" which is pretty funny for a network sitcom... Life has brought me blessings and nightmares that have tempered me into the wise old fool that I am ;] As Lennon said life's what happens when you make plans ;P
Sting, Wille Nelson, Seal, Peter Gabriel, every Jazz musician out there, and a supermodel or three, Mandy Moore and Drew Barrymore...
Music , literature, basketball, electronics, computers
Hey Now! Check out to hear a few of my own recent tunes Just too many great ones to mention here but categorically Jazz(Miles, Trane, Bird, Diz), pop(indie/alt, etc), rock, country(old skool), hip hop(Mos Def, Snoop, classical, ethnic(world)...
My Name Is Earl, Judging Amy, Robbie Knievel's Stunt Show on A&E (these are some of the shows my music has been in

Musical Influences

I am posting later my list of whom I think are some of the best composers of the last few centuries. As to my influences, musical schizophrenia would be my best guess as to all the wide influences in my music, but I would say The Beatles, Frank Sinatra(my best impression!), Miles Davis, Depeche Mode, Bill Evans, Pat Metheny and Lyle Mays, Hank Williams(Sr.&Jr.), David Bowie, Santana, Ella Fitzgerald and Sarah Vaughan, X, Black Flag and the Dead Kennedys, Sting, Bob Marley, A.C. Jobim, AC/DC, The Grateful Dead, Pink Floyd, Count Basie, Louis Armstrong, Stevie Ray Vaughan, Matchbox Twenty, Dire Straits, Charlie Parker, Death Cab For Cutie, The Bravery, Sergio Mendez, Roxy Music, Depeche Mode, Tears For Fears, Joni Mitchell, Alicia Keys, Sonic Youth, Steely Dan, Dizzy Gillespie, Benny Goodman, Black Eyed Peas, Supergrass, Bjork, The Doors, Art Blakey, Stevie Wonder, Norah Jones, Snoop Dogg, Van Halen, James Taylor, Cole Porter, INXS, Spinal Tap, it just goes on like that... Jazz, Rock 'n' Roll, Electronica, Country, Blues, Funk, Soul, R&B...

©C in a Circle - Exceptions To The Rule: When Unlicensed Uses of a Copyright Are Not Infringements - Reprinted from Composers 101

For various reasons, Congress has identified ten types of unlicensed uses that they chose to allow to be made without requiring the users to compensate the copyright owners.By Gary Roth
As I’ve previously indicated, if a copyrighted song is used without permission (a license), it is considered an infringement, and the copyright owner is entitled to damages if his or her claims are proved in a lawsuit.
But for various reasons, Congress identified ten types of unlicensed uses that they chose to allow to be made without requiring the users to compensate the copyright owners. They all deal with the public performance or public display right that is granted to a copyright owner. Those that are performance-based are ones that the PROs cannot license, so members of ASCAP, BMI and SESAC will not receive royalties in those contexts.
Here is a summary of the eight exemptions that relate to music. Keep in mind that many of these are subject to past and future interpretation by the courts and many of the actual words used in the statute are defined specifically. I am paraphrasing for your information. Because they are a limitation on the exclusive rights of a copyright owner, these exemptions are rather specific in their requirements. The names of the exemptions are mine, not Congress’s.
The educational exemption: This exemption generally allows the performance or display of any work to be made in the course of face-to-face teaching in a formal or informal classroom of a non-profit educational institution. So if a teacher or student wants to play a song or show a film clip in that context, they can do so without having to get permission. However, if a video known to be a bootleg is shown, the exemption is lost and it is an infringement.
The educational exemption is limited to the performance and display rights. The exercise of the reproduction right, which needs to be licensed if a copy of the song or film clip is made (such as onto a computer hard drive), is not part of this exemption. But fair use principles may apply to that.
The closed-circuit exemption: This one is rather complex because it is in the nature of transmissions that they are open to an abuse of rights, so some additional protections were built in for the copyright owners. With one exception, the closed-circuit exemption covers the performance right in all non-dramatic literary or musical works and “reasonable and limited portions” of all other kinds of works, and the right to display a work comparable to what would be displayed in a live class.
This exemption can be used when a government or an accredited nonprofit educational institution transmits a work, if the use is made or overseen by an instructor as an integral part of a regular class session, if using the transmission is directly related to and of material assistance to the teaching content of the transmission, and if the transmission is made solely for and limited to students officially enrolled in the course or the officers or employees of the government as part of their official duties or employment. The transmitting body or institution also is required to institute copyright policies, provide informational materials that promote copyright law compliance and provide notice to students that the materials used in connection with the course may be subject to copyright protection. If the transmission is digital, technological measures must be implemented that reasonably prevent whoever gets it from retaining the work in accessible form for longer than the class session lasts and from making any unauthorized further dissemination. Also, the government or institution can’t engage in conduct that could reasonably be expected to interfere with any copyright owner’s controls against retention or unauthorized dissemination of the transmission.
As with the educational exemption, if the transmission is given by means of an illegal copy or phonorecord and the body or institution knew or had reason to believe it was illegal, the exemption is lost.
The religious exemption: This applies to the performance right in non-dramatic literary or musical works and to dramatic-musical works of a religious nature (such as “Jesus Christ Superstar"), as well as to the display rights in all works.
If the work is performed or displayed in the course of services at a place of worship or other religious assembly the unlicensed use is not an infringement. Thus, a church does not have to pay to perform copyrighted music during services. It does need to obtain a license to play the same music in the social hall when no services are in session.
The non-profit exemption: This exemption covers the performance of a non-dramatic literary or musical work if the performance is without any purpose of direct or indirect commercial advantage and without payment of any compensation to any performer, promoter or organizer, there is no direct or indirect admission charge and proceeds net of reasonable production costs are used exclusively for educational, religious or charitable purposes, and not for private financial gain. This is the exemption that a concert for charity would use, assuming all of the above requirements are met.
The exemption is lost if the performance is publicly transmitted or if the copyright owner objects to the performance in a signed writing of the proper kind at least a week in advance. That rule allows a copyright owner to pull his music from a charitable event that supports a cause that he or she does not support.
The transmission exemptions: There are two exemptions that I’ll call the transmission exemptions. One involves a single receiver and one involves more elaborate equipment used in small business places.
The first of the transmission exemptions covers the performance and display right in all works and allows a transmission to be heard in public on a single receiving apparatus of a kind commonly used in private homes. However, the exemption is lost if a direct charge is made to see or hear the transmission or the transmission is further transmitted to public. You can imagine how the definition of a single receiver “commonly found in private homes” has changed over the years. This exemption basically allows a commercial establishment to play one home-style radio or TV and not have to pay licensing fees for the music or videos that are heard by the employees and the patrons, which otherwise they do.
The other exemption involves multiple receivers used in small commercial establishments. This covers performance and display of non-dramatic musical works. The establishment is allowed to communicate a transmission or retransmission from a radio or TV station or (if audio-visual) by a cable or satellite carrier, but the place has to be of a certain size, which varies with whether or not it sells food and drink.
For a non-food/drink business, such as a clothing store, either the business must have less than 2000 gross square feet excluding parking, or if the business has more than that, it can be exempt if it uses a maximum of six audio speakers (of which no more than four can be in one room or adjoining outdoor space), or uses no more than four audio-visual devices (of which no more than one is in any room) and no device is bigger than 55 inches and the sound for the video is transmitted over no more than six speakers, again of which not more than four are in any room or adjoining outdoor space.
For a food/drink business, either the business must have less than 3750 gross square feet excluding parking, or if the business has more than that it uses a max of six speakers for audio with no more than four in one room or adjoining outdoor space, or no more than four audio-visual devices of which no more than one is in any room, no device is bigger than 55 inches and the sound is transmitted over no more than six speakers of which not more than four are in any room or adjoining outdoor space.
In both kinds of businesses, the exemption is lost if a direct charge is made to see or hear the transmission or retransmission, if the transmission or retransmission is further transmitted beyond the business area or the transmission or retransmission is not licensed by the copyright owner.
The county fair exemption: This covers performance of non-dramatic musical works made by a governmental body or non-profit agricultural or horticultural organization in the course of an annual agricultural or horticultural fair or exhibition conducted by the body or organization. Note that, while the body or organization running the fair is protected from being responsible for the infringement of a concessionaire, a business or a person at the fair, those persons and businesses themselves are not covered by this exemption.
The record store exemption: The record store exemption covers performances of non-dramatic musical works made by a vending establishment open to the public for the sole purpose of promoting retail sale of copies or recordings of the music or of the devices used to perform the music. So when you go into Best Buy to listen to new CDs or to shop for a stereo receiver, the store does not need to have a license to play the music coming from the listening kiosk or the stereo.
If there is any direct or indirect admission charge or the musical performances are transmitted beyond the immediate area where the sale is occurring or to outside of the establishment, the exemption will not apply.
The veterans and fraternal exemption: Finally, the veterans and fraternal exemption covers performances of non-dramatic literary and musical works used in the course of a social function organized and promoted by a nonprofit veterans or fraternal organization to which the general public isn’t invited (other than those people who the organization invites) if the proceeds net of reasonable production costs are used exclusively for charitable purposes and not for financial gain.
If this exemption is claimed by a college or university for its fraternities or sororities, it is not applicable if their social functions that use the music aren’t solely to raise funds for a specific charitable purpose.
Why are these particular kinds of performances and displays exempt? Most of them were the result of political compromises over the years to resolve matters that Congress felt needed to be addressed. Others were included to balance the rights of copyright owners and certain types of users that Congress felt obliged in the interest of public policy (or perhaps politics) to allow using copyrighted material without charge.
Now you know who can use your music under certain circumstances without having to pay for doing so. You may not agree with the exemptions, but since they are part of our law, you are obliged to accept them. exclusive by Gary Roth

Malaysian Blogs


I don't know if anybody reads any of this crap but it sure is nice to get it out of my system. Been here in Malaysia for 5 weeks now and I'm sort of getting used to the way things work. A bit slow to almost on the halt side but then again I was going at breakneck speed in L.A. before I came so I guess it's a good lesson in relaxation and kickin' it! I've made some good friends and fans. A few girlfriends here and there. So far I have played with several bands, DJ'd in a couple of clubs and play at the Sheraton steadily. None of it pays any good but I'll always be a whore for free drinks. What the hey... So now all the albums that the other writers have contributed to the publishing company are about to be distributed in a month or so, via the internet and whatnot, Nokia ringtones, XM satellite radio and the like. Things will gel here but they will take some time and I am in no particular hurry here in Paradise. Til next time....

Sittin Back In Malaysia

Here I am in Labuan almost two weeks now and I couldnt be happier - except for a slight case of pinkeye and the lack of good internet speed/access. But I am on an island paradise eating well and playing solo piano at the local Sheraton on Sundays. Beer and clothes as well as medical attention are good and cheap$. It is difficult o maintain the site at the moment but I believe things will improve in time. TTFN and will keep you posted....

I guess until I grow weary, get very busy, or an intern, I will try to post a new song every few weeks. Anything here you like enough to let me know, I will happily email to you an mp3 of it as a gift. Thank you all for the add and your support. Have a great New Year even when it gets older...

I've decided to post my electronic work on my profile so I can feature my more eclectic side here. Thanks for your support.

Movin On Out

Well, it looks like I am all set to move to Malaysia (Labuan, actually) for at least six months til "?", on Feb 2nd. It will be the longest trip on a plane for me and the farthest I've ever been from home. It sure is exciting, and I'm hoping to get to meet some of you Malaysian friends there during my residence. I know before too long that I'll be booking shows in that beautiful corner of the world, so I'll keep y'all posted. Looks like the world traveling chapter of my life is about to begin - Yey!

Thursday, April 27, 2006

It seems my music is officially out on electronic download format for sale, for the first time in my life. Now, I don't care if I grew up in a time where being a small band was difficult in trying to make it profitable. I'm here now, and it's a beautiful thing. I get the chance these days to show my music to the world, thanks to a good bloke named Tom, in a virtual space to people I could never have dreamed of. And I have been putting together my own website( These kinds of tools help struggling artists who never would've had such a chance, let's say, in my own youth, until recently. All sorts of good people from all over the world are getting the chance to hear what would have been obscure unknown bands and artists, that, although genious by nature, mostly went unheard by anyone other than their local neighborhood support groups. So, many struck out like '49ers in the Gold Rush, and headed out to Hollywood. Which of course would be the ruin of many kids' lives. I knew too many that had to sell their gear and live on the streets looking for handouts and too full of pride to call the families in Nebraska or wherever, to bring them back home. Now a band can do amazing work somewhere in Idaho, and, if they work really hard at it, are heard by five thousand people in four months time without leaving their own garage. I am so glad I get to witness and experience the beginning of something miraculous. Then there are the wondrous spots like this one where one can share their musings on whatever they'd like. TTFN...

Sunday, April 02, 2006

Hi, welcome to my blog spot. I'll be writing in here from time to time to let you in on some of the book I'm writing and other tidbits. Thanks for stopping by & enjoy! Lots of stories to come! Who the heck needs books these days?! Just hang on friends! I've got tales by the truckload.....
Max V