Author Archive

Download An Album, Go To Prison?

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Federal prosecutors in Los Angeles are pursuing a 6-month prison term for a Los Angeles man who pleaded guilty in December to one misdemeanor count of uploading pre-release Guns N’ Roses tracks, according to court documents.

Read the full article here.

I’ve been following these articles about digital rights management (or as I prefer to call it, digital restriction management) and “illegal downloading” and all the other garbage that the music industry is regurgitating in an effort to maintain their cartel. The article linked above takes the cake.

While the guy that leaked the Chinese Democracy album does deserve some form of punishment, I think 6 months in prison is an over the top bully tactic for both the government and the recording industry, especially considering the “crime” he committed is considered a misdemeanor. It seems to me that a fine of a couple hundred dollars is a bit more reasonable than prison time. Hell, you’d be better off going to Best Buy and stealing it from there. The punishment for getting caught would be much less severe and you wouldn’t have the stigma of having been in prison on your record.

Times are changing and the music cartel doesn’t want to evolve. What scares them most is that with digital distribution, music consumers can pick and choose the songs they want as opposed to being force fed the filler music you find on most releases. I’ve found that the people I know that purchase music on iTunes, Napster, Rhapsody, etc. actually spend more money because since they’re picking only the songs they want, they’re buying more songs. The phrase “you can’t see the forest for the trees” rings true here.

The bottom line is that the Internet has changed the way the music industry operates, whether they like it or not and it would be in their best interest to find a way to use some form of digital distribution to their advantage.

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Posted by Allen D. Tate - March 15, 2009 at 8:17 AM

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Grandpa Gets Audited

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The IRS decides to audit Grandpa, and summons him to the IRS office.

The IRS auditor was not surprised when Grandpa showed up with his attorney.

The auditor said, ‘Well, sir, you have an extravagant lifestyle and no full-time employment, Which you explain by saying that you win money gambling. I’m not sure the IRS finds that believable.’

I’m a great gambler, and I can prove it,’ says Grandpa. ‘How about a demonstration?’

The auditor thinks for a moment and said, ‘Okay. Go ahead.’

Grandpa says, ‘I’ll bet you a thou sand dollars that I can bite my own eye.’

The auditor thinks a moment and says, ‘It’s a bet.’

Grandpa removes his glass eye and bites it. The auditor’s jaw drops.

Grandpa says, ‘Now, I’ll bet you two thousand dollars that I can bite my other eye.’

Now the auditor can tell Grandpa isn’t blind, so he takes the bet.

Grandpa removes his dentures and bites his good eye.

The stunned auditor now realizes he has wagered and lost three grand, with Grandpa’s attorney as a witness. He starts to get nervous.

‘Want to go double or nothing?’ Grandpa asks ‘I’ll bet you six thousand dollars that I can stand on one side of your desk, and pee into that wastebasket on the other side, and never get a drop anywhere in between.’

The auditor, twice burned, is cautious now, but he looks carefully and decides there’s no way this old guy could possibly manage that stunt, so he agrees again.

Grandpa stands beside the desk and unzips his pants, but although he strains mightily, he can’t make the stream reach the wastebasket on the other side, so he pretty much urinates all over the auditor’s desk.

The auditor leaps with joy, realizing that he has just turned a major loss into a huge win.

But Grandpa’s own attorney moans and puts his head in his hands.

‘Are you okay?’ the auditor asks.

‘Not really,’ says the attorney. ‘This morning, when Grandpa told me he’d been summoned for an audit, he bet me twenty-five thousand dollars that he could come in here and piss all over your desk and that you’d be happy about it!’

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Posted by Allen D. Tate - February 25, 2009 at 9:42 AM

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Ten Questions With Jim Gaines

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1. Welcome to Kick Acts, Jim. Can you tell us a little about yourself?

Not much to tell here. My name is Jim Gaines and I have been a bass player for over 40 years. I was born and raised in Evansville where I have spent most of my life with the exception of a 7-year break which during that time I was playing with a road band headquartered in Terre Haute, IN.  I have been back in Evansville for about 12 years, with my wife Cindy and our herd of cats.

Jim Gaines2. Right now, you’re playing in a band called Woodsboro. Tell us about the band, who the members are and where you can be found online.

Woodsboro can best be described as a patchwork of musical tastes. It started out as a “country” band, but has evolved into something a little more funky and edgier.  We still do traditional and modern country along with some classic rock, but it also has developed a strong Southern vibe to it as well. You’re just as likely to hear Jessica by the Allman Brothers or a Kid Rock tune as you are to hear something by George Jones. The band members are Jim Pease- vocals and guitar,  Jim Perkins- drums and vocals, Jim Garrett- electric and acoustic guitars, Harold Stuckey- guitar and vocals, and myself on bass and vocals. You can find us on the web at www.woodsboroband.com.

And yes, I’m aware of all the “Jims” in the band, but The Jimmies was already taken.

3. What gear do you use?

My current weapons of choice are a 2001 Fender Hot Rod P Bass and a 1987 MJ Engineering 5 String Bass alternately known as either Savannah or The AmpSlayer, depending on what’s getting blown up at the moment. Amplification and cabinets consists of a mixed bag of Ashly, JBL, Mesa, and Carvin gear.  Fred Bassett keeps trying to sell me things, but has yet to succeed.

4. Tell us about some of your experiences in your time as a musician. Have you ever been in a national or regional touring band? What can you tell us about that?

The experiences in my career as a musician have ranged from the good, the bad, and the ugly to downright unprintable, but all and all it’s been a great ride.

I was fortunate enough to have been able to work with a lot of great players at an early age. I did my first club gig at just shy of 16 and a lot of the players were 5 to as much as 20 years my senior, so I was held to a little different standard in regards to my learning curve. Mistakes weren’t really an option, so I had to work a bit harder than most guys were willing to do that age.

I owe a great deal to bands from the 70’s era of Free Reign and September Sunn and players like Rudy Hillenbrandt, Kenny Lowe, Charlie Davis, Jim Overby, Kenny Kraft, Bill Ball, Neil Long, and a host of others for their willingness to take in a young musician just learning his craft. I learned something from them all.  Last but not least I’d also like to include the great Andy Timmons in that list.  Even though our time together was brief, he is hands down one of the finest guitarists I’ve ever worked with and he taught me things that I still apply to my playing today.

I spent a very intense 8 years from 1989 to 1997 with a duo of brothers from Newburgh, IN, Randy and Ronnie Beard who performed as The Beards. We worked at various times throughout the Midwest using Terre Haute, IN as our home base, but the main focus was Nashville.  The best way I can describe the band is a cross between Motley Crue and Alabama. It was balls to the wall rock and roll with strong vocal harmonies.

We actually had more in common musically with ZZ Top than George Jones, but it worked very well and played to packed rooms.  The band independently released a single that charted very well regionally (unheard of in Nashville at the time), received great reviews, and showcased several times for all of the major labels in NashVegas, but despite stellar songwriting, “A” list songs pitched to us, and a strong push from several Nashville insiders, it just never could quite get over the hump.

Hell, a song we shopped to the majors and were turned down on was one of the biggest country crossover hits of 1993. Given some of the acts that broke out of Nashville afterwards, I’ll always consider it just being ahead of the curve by about a year or so.

I’ll always look back to that period of my playing as expanding my abilities as a live/session player and arranger but it’s also where I learned about the true ruthless and heartless nature of the music industry.  Local band politics aren’t squat compared to that.  Burned me out so badly , that I took nearly a year off when it was all said and done. Worked a day job and fished.

5. Tell us a greatest gig story.

Even though just about every gig has its moments, there’s 3 that stand out here.  The first was opening for the Charlie Daniels Band in 1990 at the Evansville Coliseum in front of a sold out crowd. Nothing like playing for the hometown crowd, that and Kevin Book was my bass roadie.

The second was opening for Alabama and the Oak Ridge Boys the same year at the RCA Dome in front of about 50,000 people. Probably one of the most electrifying gigs I’ve ever played and I still get goosebumps thinking back on it.

The third might come as a surprise.  I spent the last few years with The Beards working in a side project with Randy Beard that promoted reading and writing skills to Kindergarten through 3rd Grade and special needs/at risk children. We would write songs with the kids in a writing session and present them to the entire student body later in the day with just guitar, bass, a drum machine and the kids singing their songs to the entire school.  Creativity and spontaneity at its finest.  By the time the band folded in 1997 , I’d venture to say that the program had been presented to well over 100, 000 students and educators nationwide and Randy’s website puts current figures at over 1 million since the program’s inception.  Probably one of the coolest and most personally rewarding things I’ve ever done as a musician.

6. Now tell us one about a worst gig.

A tie here.

Probably the worst was the last night of a long road gig. Let’s just let it suffice to say that there are certain band dynamics that can become very evil when they rise to the surface, even more so when they are one sided and driven by enablers. The tension and animosity was a living thing and bordered on psychological warfare at the end of the night. I was never so happy to see 4 hours over in my life.   Loaded my gear, headed for Evanspatch with my new wife and never looked back.

A very close second would have to be a gig I spent about 6 months in here locally.  I have an low tolerance for rock stars and even less tolerance for rock stars who can’t play their way out of a bag and think they’re Quincy Jones.  That’s all I’m sayin’ about that one.

7. How have things changed since your early days as a musician?

Aside from the ever shrinking number of venues and the seemingly smaller pool of musicians to pull from, I can’t say that things have changed tremendously over the last 35 years. A lot of the issues, politics, and general crap are still the same.

One thing that really sticks out to me is the decline in music programs overall, not so much locally, but on a national level. The lack of music programs in big city schools and the decline in funding of the ones that are still there is pretty absurd to me and it already shows on some levels.

I had a vocal music teacher in grade school that allowed me to drag a bass and amp to school on a nearly daily basis from the 5th grade on and she saw to it that I got a grade in instrumental music even though I didn’t play in the school band outside of one year playing coronet. She taught me about all the things that a kid dragging around an electric bass just didn’t usually learn in grade school.

That kind of thing just isn’t fostered or encouraged anymore on a large scale basis that I’m aware of and it’s really a shame.  I’ve actually read recently about a music program being put into some school systems that considers a turntable to be a musical instrument and I have to honestly say that I take exception to that.  You can’t learn theory, composition, structure, and performance in Scratching 101. Sorry DJs, but it’s just a tool and without musicians giving you something to spin on it, it would just be a place to set your beer.

Jim Gaines8. What inspired you to become a musician?

I was exposed to music at a very early age by my grandfather and his brothers. It was always being played in some form or another, but I’d say the Beatles are what truly set it in stone. I actually remember where I was when I saw their first appearance on the Ed Sullivan Show and I lay the blame for all of this squarely at their feet.

9. Who are your musical heroes & why?

This has been a varied list throughout the years. The previously mentioned players and my grandfather are there for the obvious reasons, with the addition of guys like Scott Tingley, Kim Sutherland, Keith Fitzgerald, and Paul Skelton for their influences on my formative years with the bass. I replaced Scott in Free Reign in around 1979 or so and Kim in The Beards in 1989, so in my mind it was a passing of the torch of sorts when I think about the influence they had on me in the early days. There also the who’s who list of players like McCartney, Jamerson, Pastorius, Oakley and others that influenced me with their approach to melody and groove to a point that can still be heard in my playing today. Wouldn’t dare compare myself to any of them, but you can hear bits and pieces if you listen. Currently , I’m looking  to Oteil Burbridge of The Allman Brothers Band for inspiration. Tone and technique for days and will only play over the top when it fits. Not a Wankmaster like a lot of bass players out there.

10. This is the question called “Shout It Out Loud” and it where you get to answer the question I didn’t ask or talk about whatever you want. JIM, SHOUT IT OUT LOUD!

I’d like to use this spot to tip my hat to some folks.  Most of all I’d like to thank my wife, best friend, and forever soul mate Cindy.  She was there during the days of my road trip, privy to the inner circle before and after our getting together, and witnessed first hand the madness of a band on the brink, its fall into obscurity and knows all too well the ups, downs, in betweens, and the heartache that is attached to the music business.  She has supported me through thick and thin and every musician should be so lucky to have a woman that understands the business so well.  I’m really glad we found each other.

I have had the great fortune to have met a number of great players too numerous to list and people who I am still able to count among my friends, including several that stick out in my mind.  Dave Martin, Steve Krietzer, Bob Green, and his sons Eli and Jordan are all great players and I thank Dead Weight and its revolving cast of characters for pulling me out of the funk that nearly caused me to hang it up for good. These guys brought me back into focus when I needed it the most.

Shawn Needham, who showed me that I can play tunes that I never thought I could, and Jim Perkins, who makes my job playing bass an easy one and the rest of the guys in the Woodsboro Gang that make it an adventure.

Lee Ramirez is an all around class act that could be a great bass player if he’d just get his hand below the fifth fret ( just kiddin’ Bro’ ! Love ya’ mean it !)

Last but not least, I’d also like to give a shout out to my Low End Brother Jon Rochner. Jon and I have been friends for probably over 20 years and in my humble opinion, he is The Master Of The Eternal Groove. I never fail to learn something from him every time I see him play and we should all aspire to attain his level of talent and humility.  A great player who has hooked me up with many a gig and an all around great guy who I am very proud to call my friend.

That’s it!
Bring on the dancing chicken . . . .

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Posted by Allen D. Tate - February 20, 2009 at 9:18 AM

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Nikki Sixx – You’re A Douche

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On February 2, 2009, at a concert in San Diego, CA, Nikki Sixx pulled his usual “pitch his bottle of water to the crowd” routine while he was talking to the crowd. Seconds after he pitched the bottle, someone pitched it right back on stage. Nikki unleashed a verbal assault on the girl who threw it back. Check it out:

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Why is it OK for him to throw the bottle out there but when someone returns the favor, he turns in to a cry baby? Judging by the way he was holding out his bass, it looked to me like he was wanting a roadie to grab it so he could jump out into the crowd. Maybe not, but that was my perception. Anyway, Nikki Sixx, now I think you’re a douche. Way to treat your fans. You’ve put a huge stain on the image of one of my all time favorite bands. You should have just stuck with playing your bass and collecting your ticket sales.

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Posted by Allen D. Tate - February 18, 2009 at 10:05 AM

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My New Urologist

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As men age, we start seeing more and more of the medical world and its employees, which nowadays seems to have more and more women as our Physicians and Therapists , etc., and in this case a new Urologist for me. My family Doctor just recently referred me to a recent graduate, female urologist. I saw her yesterday, and she’s absolutely drop-dead gorgeous… She told me that I must stop masturbating. I asked her why, and she said, “Because I’m trying to examine you……”

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Posted by Allen D. Tate - February 13, 2009 at 3:12 PM

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John Hussmann’s “The Break”

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This video is my writing partner, John Hussmann, performing his original song “The Break” at the Fox & Hound in Evansville some time in January 2009. Enjoy!

[youtube]te59RIZflWY[/youtube]

You can find John on Facebook.

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Posted by Allen D. Tate - February 2, 2009 at 5:33 PM

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Ace Frehley/Derrek Hawkins Fractured Mirror Studio Jam

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Taken from the AceFrehley.com email newsletter I received today.

Here’s a video clip of the Fractured Mirror Jam Derrek & I messed around with during the holidays. During one of the sessions, we took a break, I gave my studio assistant my camera and jammed out this tune from my ’78 solo record. The picture’s a bit dark, but that’s the vibe I like during recording… Check it out!!

[youtube]EAQnrs5zrEA[/youtube]

C’mon Ace, where’s your fuckin’ solo album? :o)

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Posted by Allen D. Tate - January 23, 2009 at 7:44 PM

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Indie Artist TJR Gets Video Removed Fom YouTube

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You recently wrote and released a song called “American Idol” that basically calls the show out for discriminating against people over the age of 29. Did you audition for the show and get rejected? If not, what was your inspiration for the song?

I have never auditioned for the show. I never would. My inspiration for the song was all these well intentioned folks who saw me playing at a gig, would walk up to me and recommend that I audition for the show. I would always answer “American Idol discriminates against people of age”.

How do you feel about the age cut off knowing the judges are well over 29 and knowing there is so much more older talent out there that is not allowed to participate? Do you think we should have an AI for all ages?

When I found out that they don’t allow anyone over 29 to compete, It just struck me how wrong that was and it also struck me that so much of America either wasn’t aware of it, or turned a blind eye to it.

I think the show should let anyone compete. The other reason I wrote the song is that I know some really great vocalists who are over 29 who would simply mop up the competition if given the chance. They should get that chance.

You came up with a concept video for the song. Can you tell us a little about it?

I thought it would be funny if we used clips from the show and made it look like I was auditioning. So we did just that. I greet the judges and play the song. We intercut clips of the judges reacting to me and at the end they tell me how awful I was. Then I act like one of those delusional contestants who can’t take the criticism. It’s pretty funny and I’m sorry that people can’t see it now.

Your video was only on YouTube for a few days before you received a takedown notice. Can you tell us what kind of notification, if any, you received before they removed your video?

We got an email notice saying that the video had been removed at the request of Fremantle International (the company that owns AI for copyright infringement.

How has it affected your career? Is it better or worse? Has the media picked up on the story yet?

It was great for the song to get that kind of attention for those brief few days, but who knows what it might have snowballed into if they hadn’t taken it down. Of course that is what Fremantle was afraid of. That it might snowball, that the media might pick up on it, and that it might start a public conversation about age discrimination.

A.I. is part of what’s wrong with our current music industry in that it worships youth culture. They really do think that the American Public cares how old you are vs how good you are.

Oh,…and the media has started to pick up on it, thanks to you. LOL

What course of action to you plan to take to “fight back” and assert your rights?

We are going to try releasing a video that doesn’t use any of their media.

Is there anything you’d like to say about this ordeal that I didn’t bring up?

It’s a real bummer that they couldn’t take a joke and took the video down. But I can’t think of anyone I would rather be banned by that American Idol.

Thanks for your time. Please tell the readers where they can find your music, videos and other fun stuff.

All my music is available at CD baby, Itunes, and the Amazon mp3 store. The single “American Idol” is only available on CDbaby.com but should be on those other outlets shortly.

I post videos all the time at http://www.youtube.com/musictjr

Join my email list by writing me at tjr@tjrmusic.com, and you will get 8 free songs from me, and you will be notified when I post exclusive free mp3’s to the mailing list.

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Posted by Allen D. Tate - January 23, 2009 at 7:10 PM

Categories: Al's News & Reviews   Tags:

Golf Injury

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Two women were playing golf. One teed off and watched in horror as her ball headed directly toward a foursome of men playing the next hole. The ball hit one of the men. He immediately clasped his hands together at his groin, fell to the ground and proceeded to roll around in agony.

The woman ran over to apologize. “Please allow me to help. I’m a Physical Therapist and I know I could relieve your pain if you’d allow me to”, she told him.

“Oh, no, I’ll be all right. I’ll be fine in a few minutes,” the man replied.

He was in obvious agony, lying in the fetal position, still clasping his hands together at his groin. At her persistence, however, he finally allowed her to help.

She gently took his hands away and laid them to the side, loosened his pants and put her hands inside. She administered tender and artful massage for several long minutes and asked,
“How does that feel?”

He replied, “It feels great, but I still think my thumb’s broken.”

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Posted by Allen D. Tate - January 22, 2009 at 8:08 AM

Categories: Humor   Tags:

Time Out Lounge Loses Liquor License

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According to a report I saw on News 25 this morning, the Executive Inn’s Timeout Lounge in Evansville has lost its liquor license due to late property and innkeeper taxes. Until all back taxes are paid, the lounge will remain closed and will likely have a negative effect on events that have already been booked at the Executive Inn. Since the liquor license has been revoked, no alcohol can be served at any event on the property. For the sake of the downtown community, I sincerely hope they get this issue resolved quickly. Downtown Evansville already has enough problems as it is.

Should the Time Out Lounge reopen soon, I really hope they rethink their “hiring a band” policy. It seems that instead of a band sending them a demo CD and a promo package, they are requiring any band that wants to get a regular gig to come in on a Tuesday night and play for free under the guise of it being an audition. If you read the forum posts, you’ll see that plenty of people called them out, and some call outs were very blunt. Personally, I would not go through the trouble of hauling my gear to any venue and play a live gig where they’re selling booze and getting paid while I’m supposedly auditioning.

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Posted by Allen D. Tate - January 22, 2009 at 8:01 AM

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