Legal Manuevers

I have been fascinated to read about several entertainment industry related cases and decided to share them with you. Technology, business practices, and other events are changing the industry and changing how the industry and those in it operate.

The first case involved actor Jared Leto and his band 30 Seconds to Mars being sued by their record company EMI/Virgin. The record company filed suit against the band for damages totaling $30 million dollars. Mike Masnick, who writes for Techdirt.com shared the following thoughts on the legal actions by the band and the record company.

"It's always fun to remember stories like the following one the next time you hear some RIAA exec claim that it represents musicians. The RIAA (Recording Industry Association of America) represents the record labels and record labels are continually at odds with musicians -- sometimes to extreme levels. Wired reported that EMI/Virgin Records had sued the band 30 Seconds To Mars for $30 million recently. Wired now points us to the response from 30 Seconds To Mars, where the band notes that the lawsuit appears to have a lot more to do with the band opting out of its contract. The band points out that, under California law, a contract of more than seven years is not valid -- and the contract EMI held with the band was for nine years.

So why opt out? Perhaps this has something to do with it:

If you think the fact that we have sold in excess of 2 million records and have never been paid a penny is pretty unbelievable, well, so do we. And the fact that EMI informed us that not only aren't they going to pay us AT ALL but that we are still 1.4 million dollars in debt to them is even crazier. That the next record we make will be used to pay off that old supposed debt just makes you start wondering what is going on. Shouldn't a record company be able to turn a profit from selling that many records? Or, at the very least, break even? We think so.

The RIAA itself will be the subject of future research for me but this article is interesting to all who are in the entertainment business and wish to be fully compensated for the work we have done. 30 Seconds to Mars cited the De Havilland Law that states "no service contract in California is valid after seven years" This is great to know for all parties before signing a deal. The record companies seem to be experts at not compensating artist. Does the law where the record company is based take prescendent over where the artist are based? I am not aware if a similar law is in place in New York but what if a NY label signed a California band, does the De Havilland Law protect the band in the same way? The De Havilland Law is named after actress Olivia De Havilland after a successful lawsuit on her behalf which set the prescendent. It has been challenged but no definitive understanding of exactly the application to record deals has emerged because both sides are attempting to muddy the waters.



"In 1987, the record companies lobbied legislators to pass an amendment to the Labor Code Section 2855, which applies only to recording artists and allows record companies to sue recording artists for damages if the artists do not fulfill their original contract.
After seven years, this amendment is no longer relevant, according to Cappello, and artists have the legal right to terminate a recording contract without repercussions, he said."

It is ridicoulous for a record company to sell 2 million records by an artist and claim that they have lost money. It would be almost impossible. Without reviewing the entire contract between the band and record label, we don't know if they provided tour support. Marketing, distribution, recording cost, and advance should have all been more then covered with 2 million units sold. It is true that record companies are masters at manipulating the books to control artist and minimize what they need to pay to the artist. Joe Strummer form the Clash said it was a form of child abuse. Many artist sign deals at a young age and without proper representation. They have no real idea what they are signing and what the contract language means. George Michael ended up spending millions to be freed from his record deal. Strummer decided to "bore them out" because he didn't want to waste millions to be released form an unfair deal. He limited his work to film scores, producing, and performing the 1-2 songs per other artist albums or soundtracks that his contract allowed for and a few tours fronting the Pogues. When he was released he got back to music after signing a deal with Hellcat & Epitath Records. He selected them because of his managements experience with the label and the fact that Hellcat Founder Rancid's Tim Armstrong was a huge fan of Strummer's and he knew he would be treated well and fairly.

I believe artist should write into the language of their record deal that they have full rights to oversee all cost and review all accounting documents related to their business with the label. If the label is claiming to have spent $18 million on marketing for the band then they should need to produce detailed documents of where and how the money was spent. It would be wise for the artist to need to approve any spending on their behalf before it occurs. It will help keep the artist cost under control. Artist must act as an active participant in business decisions made involving their business! I know many artist don't like to think of their art as a business but it is! The artist who don't treat it as such usually end up broke and at the mercy of their record label.

Masnick, concluded his article with a very strong statement against the RIAA, that I felt was worth sharing. "So, at what point will the press and politicians stop buying the RIAA's claims that it's looking out for the musicians and trying to get them paid? The RIAA has always been in the business of not paying musicians."

In 2009, 30 Seconds to Mars and their record label settled their dispute and continue to work together. The exact terms and conditions of the settlement agreement remain unkown.

The next case I was drawn to is Courtney Love being sued by the parent company of her record label Vivendi Universal and her countersuit against the same label. This case has numerous similarities to the 30 Seconds to Mars case. The record company filed lawsuit because it claims that Love did not deliver the 5 albums that the contract called for. Love claims that the terms of the contract are unfair to artist, is an industry practice by record labels that operate under unfair contracts, terms, and work conditions.

According to ABC News, {"Labels, nevertheless, continue to intimidate artists who try to end contracts after seven years by suing them for lost profits, the attorney added. Cappello said this suit "will shake the very core of the way business is conducted in the music industry, and it will give countless musicians the financial and artistic freedom they do not currently enjoy."
"I'm one in a long line of artists who have tried to break free since the [Universal/PolyGram] merger," Love said. "Beck, Garbage, Sheryl Crow, and others have tried to leave or sue that company and they've all been shut down or threatened."
Crow's attorney, Jay Cooper, said, "Sheryl expressed some unhappiness but never threatened to sue, and eventually, we renegotiated the contract."}

Courtney Love's band Hole Celebrity Skin

 The De Havilland Law appears to be best used not to be freed from a record deal but to renegotiate the deal. That is what 30 Seconds to Mars did and that is what Sheryl Crow did. It appears the labels can be pressured into striking a more fair agreement but if an artist wants to be free to sign with a competitor label they will fight it until the bitter end.

Perhaps labels should be more fair in the contracts they sign an artist to and their business practices. Yes, the record industry and those who work for it have become enormously wealthy operating the way they have but it has always been unfair. Now artist and their representation are becoming aware and informed enough to fight back. These battles going on are reshaping the industry even if it takes a long time. I do not expect the industry to start being fair because a few artist have managed to renegotiate or get out of their deals. However, continued pressure, loss or revenue and artist simply starting their own labels may force them to do so in the future. If you are an artist reading this you have been warned to be very cautious in your business relationships within the entertainment industry. Hole: Malibu

The final case I wanted to discuss involves Joel Osteen and Lakewood Church. I enjoy listening to Joel's televised sermon's every week. They help focus my brain on the positive and it is often needed in these challenging times. This case is interesting because the two parties had signed a licensing agreement for use of the song Signaling Through The Flames. What has sparked the lawsuit is disagreement of when the agreement ended or will end.

Brenda Sapino Jeffreys writes that, "The plaintiffs allege in the complaint that the defendants entered into a “limited licensing agreement” to use “Signaling Through the Flames” on their website and in certain venues, but that agreement expired on Feb. 1, 2011, after one year, and the defendants did not renew it. Lakewood spokesman Donald Iloff writes, “The music in question is 1 minute of background music which Lakewood Church had a license to use. The plaintiff is apparently confused about the scope of the license, and are now demanding $3 million for uses that are authorized. We think this is unreasonable.” This appears to be the main issue because both parties agree that Lakewood did at some point have the proper licensing agreement for the song. Is it still in force or has it expired. Did one or both sides not fully understand the terms of the agreement. It appears clear there has not been an intentional  unauthorized use of the song. It seems that a fair agreement on compensation can be reached easily when there is a ruling on what the terms licensing agreement are.

The lesson in the above case and all of the cases is to fully understand the law, rights, & responsibilities. Hire quality experts to guide and approve any deal you are involved in. One of the best lessons I have heard from many legal experts over the years is that what a contract does not say can be more important then when the contract does say. If you are being recruited by a company for a record deal, film deal or any thing else and they are treating you well, being very kind to you, giving you gifts, taking you to expensive dinners, and telling you how much they love you. Understand that all those good feelings will not help you if you enter a dispute with the company. The only thing that will help you is to have handled your business like a true professional.
Joel Osteen "Don't Lose Your Joy"

Writing on these three cases made hear The Clash's Complete Control in my head while typing, so I decided to post it as the relevant record of the week. It is the Clash's response to their record label releasing their song "Remote Control" as the next single instead of the track the band felt was best and overall their feelings of mistreatment and manipulation by their record label and management. The song came to fruition when their manager Bernie Rhodes and Sex Pistols manager Malcom McLaren called the two bands together for a meeting and stated that they "Demand Complete Control". The meeting ended at that moment with both bands laughing hysterically as they stumbled out into the streets of London repeating the phrase "Complete Control" as the two bands headed off in different directions. The Clash's "Know Your Rights" may have been a relevant recording as well but I'll save it for another time.

Photo 1: Copyright@Sanderbaks.com
Mike Masnick's full article can be found here: http://www.techdirt.com/articles/20080820/0204472040.shtml
Hellcat Logo: Copyright@Hellcat Records
Photo 2: Copyright@JaredLeto
The full ABC News presentation on Courtney Love can be found here: http://abcnews.go.com/Entertainment/story?id=108872&page=1
Photo 3: Copyright@Courntey Love
Photo 4: Copyright@Joel Osteen
Brenda Sapino Jeffreys' full article can be found here: http://texaslawyer.typepad.com/texas_lawyer_blog/2011/08/recording-artists-and-record-company-owners-sue-lakewood-church-pastor-joel-osteen-and-co-pastor-vic.html

HOW THE DEATH OF AMY WINEHOUSE REFLECTS ON THE ENTERTAINMENT INDUSTRY

It was announced on July 23, 2011 that British singer Amy Winehouse died in her London home. It has created a buzz all around the world but not because it happened but that it finally happened. The world has been expecting Amy's death for several years. Amy was a talented singer and could have had a secure and profitable career for decades to come. She could have done things in her life time with ease that most people dream of doing. She has critical acclaim heaped onto her, she won 5 Grammy Awards,  she won a Brit Award for Best British Female Artist; and she was a three time winner of the Ivor Novello Award. It simply wasn't good enough for her. It wasn't going to make her happy or fulfilled. Amy had dark, dark demons inside of her. She has battled drug & alcohol abuse and several health issues associated with that abuse. What was she hoping to get out of them? Was she trying to mask some pain? Why did Amy begin using drug and alcohol in the first place? Did she do it to fit in or because she was modeling the behavior of famous performers she admired? Was she abusing herself to try to avoid dealing with deep-seeded emotional issues? I do not know and perhaps few others do. I do wonder about those people around Amy who continued to help her use drugs. I know her parents (God Bless them) tried to save her and get her off drugs but there had to be many friends and business associates around her that enabled her. A junkie is much easier to manipulate and control then a person who's mind, body, and soul are sober. I believe some people had an interest in keeping her a drug addict. Could a clean and sober Amy continue to sing her hit Rehab? Did the marketing department help seal her image as Amy the talented druggie who sings Rehab? If you recall how much fame and praise this song earned Amy you'll see that it may have helped seal her identity, self-image, and ultimately her fate. Much of the world's media cheered on Amy's drug addiction and her defiance of a sober life. Perhaps if they had condemned her she would have had more incentive to become clean and sober? How many more artist will fall into the trap of the abuse, manipulation, and exploitation of those in and around the entertainment business?

Amy is already more popular in the hours after her death then she was during her life. Sales of Winehouse's albums increased 37 times between Friday and Saturday, while track sales were up by 23 times according to The Official Charts Co. They are expecting a number one for her shortly. The people purchasing the album now are not fans or lovers of her music, they are those who enjoy the freak show, the rubberneckers slowing down to visit the car wreck, and the Jerry Springer watchers. I often refer to this segment of society as "the sheep". They listen to what the media tells them is good and they embrace it, not because they have made the decision for themselves but because they are going where the largest crowd is. They are often the ones led to slaughter. I remember several people telling me when Britney Spears released her first single they thought it was terrible but they kept hearing it on the radio and seeing the video on TV and eventually thought it was good. It got jammed down their throats enough times by the manipulators in the entertainment business and they accepted it. How sad is it that people are skyrocketing sales of her album after her death when they didn't value it enough to purchase it when she was alive? Amy isn't around to enjoy the increased sales and exposure. I am hoping the money goes to her family but make no mistake, her record company, publishing company, and numerous others are going to profit off of her big time!

Pete Townshend once said that he eventually realized Rock-N-Roll was fueled by bodies. It is true, many musicians die young and most of them do it to themselves. I remember reading other musicians saying they tried various drugs, got a house somewhere, got a certain guitar or car because a musician they admired did so. How stupid and immature is that? However, it fits the emotional profile of many who enter the entertainment business. They want the acceptance and don't realize how expensive the cost is. The musicians I grew up admiring were like De mi-gods to me but the only time they ever looked pathetic in my eyes was when they were talking about drug use. I learned never to use drugs because of the price I observed them paying. Topper Headon was the best drummer in the world until he began abusing heroin. Producer Sandy Pearlman had Topper play the drum tracks once the normal way and then once backwards on every track of The Clash's "Give 'Em Enough Rope".  He could play any style of music expertly, he was a seasoned performer, and was nick-named the "Human Drum Machine". Even when abusing drugs Topper was a great musician, Topper is one of the main writers of Rock The Casbah. The other members of the Clash could no longer tolerate his drug abuse and they fired him from one of the biggest bands in the world. Sadly this was one of the events that led to the premature end of the Clash. This cost all of them in money, fame, emotion, success etc. and it cost their fans dearly. Thankfully after many years of struggle, attempts at rehab and even time in prison for providing the heroin that killed a friend Topper has been clean and sober for many years and still drumming incredibly even if he isn't in a major band. This is what I would have hoped for Amy but I believe Topper had better people around him that put him ahead of money or their own self interest.

I wonder what impact it would have on the world if athletes, artist, entertainers, and politicians actually had to pay severe consequences for their actions? Too often they get away with a slap on the wrist compared to the consequences the average citizen would pay. What message would it send to the next generation that if you do something wrong you pay a severe price? Amy Winehouse paid with her life but the media, those who will profit off her, and others will glorify Amy show much that the only message people will get from it is that Amy's behavior is great and there is a lot of benefits from acting as she did. Amy's body has been tossed onto the fire that is Rock-N-Roll it will help fuel an industry that profits too much of these types of events.

@ All Photos, video, and media rights belong to the owner of those rights.

PROVOKING INSPIRATION

I watched a fantastic and inspiring speech by J.K. Rowling and wanted to share my insights on her insight. J.K. Rowling is best known for being the author and creator of the Harry Potter series of books. Her books are some of the best-selling of all time and have been turned into a immensely valuable movie & merchandise franchise.

Rowling grew up in a family of little financial wealth and after college graduation would fall to "lowest level of poverty one could endure in Great Britain without being homeless". In her, June 2008 speech at Harvard University Rowling details her life post-college and prior to mega success in a speech she entitled The Fringe Benefits of Failure. She is a enjoyable public speaker. She immediately won the audience by telling them of the weeks of anxiety she had over giving the speech but that it "helped her to lose weight and now all that I have to do is squint at the red banners in the back and pretend that I am at the world's largest Gryffindor convention". She threw in a gay wizard joke and also maintains a enjoyable pace and remains on topic while entertaining her audience.

It is provocative to go to a world renowned university where so many Presidents, Congress people, business leaders, and other titans of numerous fields have graduated from and speak about failure and how it can be beneficial. Harvard sells the success of its university and those who have graduated from it. They don't focus on failure they focus on success. Harvard invited J.K. Rowling to speak because she is so successful and wealthy. The graduates are eager to get our in the world and make their mark and yet she is going to come there and tell them that failure can be a good thing? She did and it may have been the most valuable lesson they learned during their entire tenure at Harvard. She pointed out that although Harvard does not insulate people from life and its ups-and-downs that by the fact they were Harvard graduates they probably had not yet truly come to know failure.

She discusses the importance of following your passion and ambition and not the ambitions and goals that others have for you. Her parents never wanted her to become a writer, they felt it would lead only to a live of unhappiness and poverty yet when she finally began to follow her own passion it led to nearly unmatched wealth in the world, fulfillment, and happiness. Her and her parents both wanted the same things for her but they had different ideas of how she should obtain those goals. After following a path that was her parents and not her own for 7 years after graduation she found herself on government assistance, was diagnosed with clinical depression, contemplated suicide, divorced, a single parent, and directionless.

During her Harvard speech she said "Failure meant a stripping away of the inessential. I stopped pretending to myself that I was anything than what I was, and began to direct all my energy to finishing the only work that mattered to me. Had I really succeeded at anything else, I might never have found the determination to succeed in the one area where I truly belonged. I was set free, because my greatest fear had been realized, and I was still alive, and I still had a daughter whom I adored, and I had an old typewriter, and a big idea. And so rock bottom became a solid foundation on which I rebuilt my life."

While living on welfare and odd jobs she began writing her first Harry Potter book. She knew before she ever attended college she desired to write novels but her parents pushed her towards a different path that was not her own.What has she gained from her failure and the insight and perspective to finally follow her own passion?

"As of March 2011, when its latest world billionaires list was published, Forbes estimated Rowling's net worth to be US$1 billion.^[9] The 2008 Sunday Times Rich List estimated Rowling's fortune at £560 million ($798 million), ranking her as the twelfth richest woman in Great Britain.^[10] Forbes ranked Rowling as the forty-eighth most powerful celebrity of 2007,^[11] and Time magazine named her as a runner-up for its 2007 Person of the Year, noting the social, moral, and political inspiration she has given her fandom.^[12] In October 2010, J. K. Rowling was named 'Most Influential Woman in Britain' by leading magazine editors.^[13] She has become a notable philanthropist, supporting such charities as Comic Relief, One Parent Families, Multiple Sclerosis Society of Great Britain, and Lumos (formerly the Children's High Level Group)."-Sourced from Wikipedia.org

I found her speech empowering, moving, and 100% similar to my own life journey. My parents, especially my Father often had different goals for me then I did for myself. I have always been drawn to creativity, music, film, writing, reading, sports, communication, animals, history, travel, leadership, innovation, and excitement, etc.. The first job I accepted after graduation was OK but the company was not honest and was constantly trying to rewrite agreements to avoid paying me the agreed compensation as the goals were reached. I quit and formed my own business producing sports related seminars. I organized, sold, promoted the first one in 2.5 months and earned a significant 5-figure profit. I went to my parents house following the event and when asked informed my Dad how much I earned and he replied "that is great now go get a job". He'd often call me up to tell me about the assistant manager he met while shopping that wasn't earning half-annually of what I made in 2.5 months. I had plenty of other people that wanted to offer me low-expectations because that is where their comfort so is but it has never been where mine is. I am a high-achiever and need to be in order to be at my happiest.


I went on to greater success in sports, music, and business consulting. However, I haven't yet achieved the levels I am meant for. The reason is because like J.K.'s parents I had people placing their low expectations, goals, and fears upon me. Often when an opportunity for greater success would be presented it would frighten or overwhelm me because of the programming I allowed to occur over the years. I was leading a good life nonetheless when due to a manufactures defect my Toyota 4Runner lost control, flipped over, and spun around on the roof several times before finally coming to a stop on one of the busiest roads in Gainesville, FL during rush hour. I barely was able to keep my beloved Golden Retriever Dakota in the vehicle by placing my hands on him every time I saw red flash before me. When we came to a stop I was hanging upside-down by my seat belt and he was standing on the roof just above the windshield.  He ran off when they pried the doors open and I was worried I'd lose him after just saving him. Thankfully he came out of the bushes he hid himself in to avoid capture by the good Samaritans that were chasing him. I stood there holding him on the median after the EMT's, witnesses, and most of the police had left, the rain pouring down upon us, my paid off vehicle being totaled and assessing where I was and what I needed to do to make it better. I figured I would just go out and make even more money to again drive a new vehicle without payments, to cover the increased insurance, and to regain my life via the physical therapy I would obviously need. I had no idea of where my life was headed. I spent the next 4 years in physical therapy, working sporadically because of the pain. I faced unsteady income but at times still every substantial.

I was pushed into new lines of work, I would meet my hero about a month later and by the end of the year Joe Strummer would have been dead. My Father passed away in October after a battle with Parkinson's. Reading about J.K.'s Mother battling Multiple-Sclerosis reminded me of my Father and I know how that disease effected her and her Mother even before her passing. I'd have other episodes of very bad fortune, identity theft more then once, numerous friends, dogs, loved ones, and clients dying unexpectedly. Each one a new trauma and brought back the pain of the previous ones. I decided that everyone with low expectations must be right and that was the way to have a good and safe life. It wasn't it was a way to become miserable, unhappy, and directionless. All the life was sapped out of me and I allowed it. Thank God I had my dog Dakota to love and inspire me! I do not know what I would have done with out him, he took care of me during the worst years of my life and often was my only direct companionship and source of love as my family did not live nearby.

What I hope anyone reading gets out of J.K. and my story is the minute you start pursuing those things in life that you are passionate about you become happier and lighter. J.K. is extra inspiring to me because like her I am a writer, work in the entertainment industry, and as it turns out we are both huge Clash fans. Joe Strummer often repeated "What one person can do another can do" and listening to J.K. and the Clash connection it made me think of Joe.


When you start following your life's passions life become significantly easier for you in all areas. It isn't always perfect but it is 100% better. J.K. rightfully states that "achievable goals are the first step to self-improvement."

If you are reading this and unfulfilled be a good student and take to heart the lessons J.K. and I learned the hard way. She passionately implored you to discover your true ambitions and pursue them without delay and I can tell you it is the best lesson you will ever learn and you don't have to go to Harvard to get it.


In Loving Memory of Dakota Oberon Baldacchino June 22, 1999-January 7th, 2011. If I can live my life the way he lived his, I will have a extroadinary and happy life.

THE MEDICINE SHOW!

     I am in a hotel room in New York at the moment. As I type this, I have a tremendous view of Citi-Field. I don't believe the law allows for someone to come to NY and sit in their hotel room working but I am without a choice at the moment. Tomorrow morning, I will move into my next NY Headquarters across from Rockefeller Center for a series of important meetings. My brain is racing trying to anticipate every scenario and the proper response. It is an impossible task! It is best to be centered with the knowledge that I prepared well, am focused, and capable. I simply dislike going into meetings that I am uncertain of the topic!

     My parents and sisters lived in Brooklyn, until they moved down to Florida. I was conceived mere weeks after they had moved into their new house (the one I grew up in). I am sure they were in a celebatory mood to be so close to the beach! Having visited family and taken several business trips to New York and New Jersey, I often pondered what my life would have been like had I grown up here. I surely never would have had the freedom that I enjoyed in Daytona Beach, never learned to surf, play beach volleyball, soccer would have been doubtful, certainly no one would have hired me to fly stunt and hyper-kites on the beach right? Have I mentioned how much I enjoyed the thousands of Spring Break girls that were dropped off less then a block from my door every Saturday? Growing up in Florida certainly was the best fit for me but I am some how back in NY discussing opportunities.

     The best part of this week is on Tuesday evening I will be attending the Big Audio Dynamite concert at the Roseland Ballroom. The Roseland is a historic NY venue. It was at the Roseland decades ago that my Mother and Father first laid eyes on each other. My Dad requested my Mother to indulge him in a dance and that was the beginning of it all and me!

     I do not know the name of the first song that really caught my interest and made me more aware of music. I was very young, I can hear the song in my head and could probably name that tune if I were not so sleep deprived and sick. I then remember hearing and really liking The Sugar Hill Gang and Molly Hatchett. Not long after I heard, The Clash's version of "I Fought the Law" and that one hooked me. It stood out above the rest and took hold. However, I didn't know the name of the band and at that age probably not the song.

http://www.youtube.com/watch?v=TjQobv6ztF4&feature=fvwrel

      I may not have the order correct but I remember being at my Aunt's house in Brooklyn and my cousins blaring Billy Joel. It was so loud and seemed to have the feel New York to a young kid. "Train in Vain" also by the Clash was the next song to really took hold of me.  Joe Strummer sang "I Fought the Law" and Mick Jones sang "Train in Vain", I had no idea until years later that it was the same group.

http://www.youtube.com/watch?v=oIx7k2gYT1I&feature=related

     Every album was different! There were so many different styles of music on some of the albums it was amazing, if not overwhelming. This was a band that progressed and refused to be typecast. I learned from the Clash to avoid being categorized at all cost because it would limit what you could do and it was also a way for people to attempt to control and attack you. Strummer, Jones, Paul Simonon, and Topper Headon all took lead vocals on at least one song. If you follow the history of music you understand how vital the Clash was and still is to music. Bono and The Edge from U2, Tom Morrello from Rage Against the Machine, Damon Albarn, KT Tunstall, The Red Hot Chili Peppers, The Beastie Boys, Billy Bragg and many others freely admit that the Clash (and the members post-Clash projects) were and are huge influence on them. "There never would have been a U2 without the Clash", said Bono.

     I turned 10 in 1982. I'd been listening to bands like Quiet Riot and Men at Work but then Combat Rock came out and songs like "Should I Stay or Should I Go" and "Rock the Casbah" were all over the radio and blaring out of every one's boom box (no IPODS and earphones back then) and car stereos. These songs went deep into my bones and became part of me. We didn't have MTV at the time but there was a Kasey Kasem TV show on Saturday's and a really good show on the USA Network that was the best thing that network has ever done.

http://www.youtube.com/watch?v=bJ9r8LMU9bQ

     Now I knew the name of the band, what they looked like (brilliant) and the name of the album and it would be mine. Seeing the Clash performing in their videos and live clips left me stunned. They looked, sounded, and moved fantastically!

http://www.youtube.com/watch?v=trolcS3V7dY

      The above video was filmed at Shea Stadium, it's replacement that sits on the same site fills up the large window of my hotel room as I type this. I had no intention of staying in Queens tonight but the connection is not lost on me.

      My Dad took me to purchase the album one Saturday. I couldn't wait to play it! Finally, I could hear the songs as much as I wanted and whenever I wanted. The first song on Combat Rock is "Know Your Rights" and after the first few bars my Dad ejected the tape! I immediately pushed it back in and realized I was onto something special! My Dad would eventually learn to enjoy them.

http://www.youtube.com/watch?v=PrtC8wP_bFI

      The next few months were spent trying to obtain all of the Clash's albums. Especially going backwards, in order of release, and expecting to hear "Rock the Casbah" on each album I would get surprised and enlightened with each. I was speaking with an older girl at my Dojo and speaking of my love of the Clash. I thought I had all the albums but she informed me I was missing the first and gave it to me at the next class. My Father braced himself for the ride home when he saw what I was holding in my hands. The guitar fire power of Clash City Rockers did not disappoint.

    I cried when the Clash broke up or fired Mick Jones and hired 2 new guitar players. Still even at my young age I could see the benefits of now having Mick Jones make an album and the Clash making another. Blown away was when I first heard Medicine Show, it threw me for a loss, so did most of the songs on there because I nor anyone else had ever heard music like this because no one had ever done it. I could easily pick out some of the movie dialogue in their songs. Big Audio Dynamite was the first group to ever sample on their songs. Mick Jones was just continuing to progress in all forms of music and advancing it however he deemed fit.

http://www.youtube.com/watch?v=OXn32AztHBs&feature=related

     It is certainly not hard to imagine songs like "The Bottom Line", "E=MC2", and "Sony" were songs Mick Jones was developing for the next Clash album until he was fired. The band would tour the world many times over and released four albums. Eventually Mick would split from the other four original members of Big Audio Dynamite. He soon replaced them with three new guys, Nick Hawkins, Gary Stonedge, and Chris Kavanagh and released "The Globe" album which featured hits like "Rush", "The Globe", and "Innocent Child". "Rush" would become the Top Modern Rock track by Billboard Magazine. 

http://www.youtube.com/watch?v=gKMKgL9jwWQ

     I had started attending shows not long before this and when I learned Big Audio Dynamite was headlining The MTV 120 Minutes Tour and performing in Orlando, FL I knew I would be there.

http://www.youtube.com/watch?v=RhkXQ96ZLR0

     I couldn't stand Blind Melon who was the first act! Live was fantastic. Public Image Limited was good but highly turned off when John Lydon decided to moon the audience with his extremely pale British bum. Then Big Audio Dynamite took the stage and tour the roof off the place!

 http://www.youtube.com/watch?v=gKMKgL9jwWQ&feature=related

     I'd never seen a show that was continous by this time they'd added DJ Schapps. He'd come out and start the show and from that time on until the show was over there was never a second without music. Mixed in between all the BAD songs were DJ sets where he'd spin parts of a record and then the band would play along to it or change it up.

http://www.youtube.com/watch?v=RM4wCQvp558&feature=related
 
     I would go on to see Big Audio Dynamite three more times in concert and be front row every time! Later Big Audio Dynamite would come to an end because when their contract was up with Sony they signed with their managers new record label called Radioactive records. I'd like to believe Mick Jones would not have made that mistake because there was a huge conflict of interest with Gary Kurfirst representing both band and label. I had the same feeling when the Clash split, when Havana 3am split, the first Big Audio Dynamite as I did then. If I could only speak with them I could put them all back together again. I have always envisioned myself running their careers because I have a talent for it and a love and devotion to them and their music that I share for no other band.

 http://www.youtube.com/watch?v=rPrPNpzLHIk&feature=related

     I have come close, I managed Big Audio Dynamite guitarist Nick Hawkins and I managed Clash collaborator Mikey Dread. I had gone from being at the record store the minute it opened on the day the album came out to working up song ideas, booking shows, strategic planning, and having song ideas emailed or played for me as a work in progress and being asked for my input! It still gives me a laugh when I take a moment to reflect on it today. This shows you how powerful a tool for good or evil your will power and imagination can be. Blessed to have met Joe Strummer and struck up relationships with some of his band members, I know members of Havana 3am, Clash manager Tricia Ronane, and original and current Big Audio Dynamite drummer Greg Roberts. It made my heart warm watching Mick Jones and Paul Simonon tour together last year with the Gorillaz.

http://www.youtube.com/watch?v=WIZW4SGVbhA
 
     Tuesday night to see this band, where my Mom and Dad met, is going to beyond epic!

http://www.youtube.com/watch?v=BD2kWCfTcaU