April 23rd, 2010 The Committee
I. VOTING ON DELEGATE BINDING AT THE NEXT MEETING? NOT SO FAST
II. GOODBYE TO A DEAR FRIEND OF ALL COMPOSERS AND ARRANGERS
III. THEY JUST DON’T TAKE NO
IV. MESSAGE FROM THE AFM PRESIDENT
V. COMMENTS
VI. EVENTS
===========================
I. VOTING ON DELEGATE BINDING AT THE NEXT MEETING? NOT SO FAST
The Local (and more than likely the RMA) thinks they’re going to
be able to vote to bind the delegates (Telling them how they must
vote at the upcoming AFM convention) at this Monday’s meeting,…
they won’t. Not legally at least.
They screwed up on a procedural technicality that will make the binding of
delegates for the next AFM Convention impossible. (Even though it won’t stop
them from doing it.) Procedural technicalities are very important in these
matters, like deadlines, participation requirements, procedures mandated by
the Bylaws. Good intentions just don’t count when you show up the day after
the deadline, for instance.
CALL FOR THE MEMBERSHIP MEETING
When the Bylaws say that a vote to bind the delegates must be included in
the call for the membership meeting, and such notice is not included in the
call for the meeting, then no vote can be taken. (Or be valid.) What was published
on page 21 of the Overture (Not page 2, where the call for the meeting was placed)
was an explanation of what the members could do according to the Bylaws, but it
does not change the fact that proper notice was not given to the membership.
A vote on the issue was NOT slated for the meeting. No vote was slated, therefore
no vote can be taken.
Further, The note on page 2 to see page 21 was concerning the election of the
election board and had nothing directly to do with with the smaller rectangle box,
to the left of the Election Board notice that contained the information
for the binding of the delegates. Please take a look again and you will
see that the instructions to turn to page 21 was to see the information
for the Election Board, NOT delegate binding.
IRONY
Whether a formal binding vote can take place legally or not is a moot point anyway,
because the Local 47 convention delegates are all administration partisans and
will vote as a bloc, bound or not.
CAN THEY FOLLOW BYLAWS?
But what does it tell us about an administration who cannot follow their own Bylaws?
They’ll be upset to have this little technicality pointed out. They’ll be even madder to
be reminded that they did exactly the same thing three years ago before the last
convention.
They took a vote at a membership meeting to bind the delegates. And then several
days after the meeting an astute Bylaw-reading member pointed out that the proper
notice of the vote had not been published, and the vote had to be thrown out. (Very
quietly.) And now three years later, did they learn from their mistakes so this
embarrassment would never happen again?
No!
Was it incompetence or dishonesty?
It’s deja vu all over again. Did they think no one would remember or notice? Will they
be mad at themselves for being far too clever, and obvious technical incompetents?
No. They will be furious with the membership for wanting the rules to be followed.
Bad, bad membership! (We say GOOD, GOOD MEMBERSHIP)
Who was responsible for the misplacement of the non-notice/notice? It will
not stop them from taking the vote but bringing it up on the floor opens the
door for a challenge (if necessary) in the future (even at the convention).
This will not go unnoticed by those in the know nationwide.
THE COMMITTEE
=============================================
II. GOODBYE TO A DEAR FRIEND OF ALL COMPOSERS AND ARRANGERS
It is with great sadness that we say goodbye to a dear friend and
colleague, David Blumberg.
This tribute is excerpted and adapted from a MIX Magazine Article from 2006
and his bio on the ASMAC.org website..
Board of Directors
David Blumberg was born in Blythe, California moving to Los Angeles at the age
of 7. He studied music in college and privately with many teachers. He started out
as a trumpet player, spent some time on the road with Larry Elgart’s band and
then returned to L.A., his hometown, to begin a career in the recording industry.
He began his arranging career for a soul label named Venture Records created by
the legendary producer, Clarence Paul. After an inspiring conversation with Lyle
(Spud) Murphy, David became his student, studying the EIS course over the next
few years, developing a life long friendship.
Hal Davis at Motown Records decided to begin using David, and this association
lasted over eleven years garnering 14 gold albums. Doing their first three Jackson
Five albums, he received his first #1 record on Michael “Jackson’s Got To Be There”.
The next #1 arrangement was for Dinah Ross, titled Love Hangover. At Motown he
worked with Gladys Knight, Stevie Wonder, Smokey Robinson, the Miracles, Jermaine
Jackson, Leon Ware, the Four Tops, Norman Whitfield, Holland-Dozier-Holland, and
many other artists. For Marvin Gaye he arranged the album I Want You which is
considered a classic. Other arrangements for Marvin were the song, You Sure Love
to Ball, and the Dinah & Marvin duet album. At other labels during that same period,
he worked with Quincy Jones on the Body Heat album including Everything Must
Change, and orchestrations on several of Q’s films.
Other artists he worked with were Nat and Cannonball Adderly, Wayne Shorter, Milt
Jackson, Barbra Streisand, Frank Sinatra, Melissa Manchester, Tim Buckley, Nils Lofgrin,
Neil Young, Spirit, Bobby Womack, Patti LaBelle, James Brown, Johnny Mathis, Eric
Clapton, Natalie Cole, Gene Page, Joe Sample, Frankie Valli, David Byrne, Cameo, Peabo
Bryson, Johnny Nash, Anita Baker, Tina Turner, Patti Austin, Jerry Butler, Syreeta, Jimmy
Smith, Andy Williams, Nick Cave and the Bad Seeds, Dakota Staton, Tony Martin and
many others.
In 1979 he was the arranger on Gloria Gaynor’s #1 record I Will Survive, which was v
oted the #1 dance record of the last 20 years. In recent years he has arranged for
David Benoit including the American Landscape album, three albums with Maxwell
for Sony, including This Woman’s Work, as arranger on Ellis Hall’s Straight Ahead album,
orchestration for Robbie Buchanan for Barbra Streisand’s Movie album, and orchestrated
for Jorge Calandrelli for Sissle.
He was the arranger on three songs on the new duets album for the legendary Ray
Charles, titled Genius Loves Company, with Norah Jones, Diana Krall and Gladys Knight.
In film, David has worked as orchestrator or arranger for Herbie Hancock on four films, i
ncluding Round Midnight which won the Academy Award for music in 1987. He also
worked on films with Elmer Bernstein, Bob Alcivar, Neil Young, Fred Karlin, and Frank Stalone.
As a composer, he scored the TV show The Spectacular World of Guinness Records with
Tony Martin Jr. and did several shorts, animated features, commercials and Multi-
Media/CD Roms. In 1999, he composed the music for the feature, Unconditional Love,
for Horne Entertainment.
Projects completed during the past couple of years include arranging strings for a new
Stevie Wonder song, “Passionate Raindrops,” penning four arrangements for Ray Charles’
Grammy-winning Genius Loves Company and a bunch more for American Idol. I
He has had numerous concert performances of his classical compositions for orchestra,
string quartet, chamber groups, and brass/wind ensembles.
When David was not writing and arranging music, he was passionately teaching
the Equal Interval System (EIS) composition method of Lyle (Spud) Murphy, the great jazz
arranger for the likes of Benny Goodman, Tommy Dorsey and many others. Like other
accolytes I’ve spoken with, Blumberg was a devout follower of Murphy.
But even Spud doesn’t have credits to match Blumberg’s.
David was a longtime board member of ASMAC, Chair of the Master Class/Workshop
Committee, a Governor of Naras, member of ASCAP and the Professional Musicians
Union.
David is survived by his wife, Evelyne Claude Blumberg, his daughter
and son-in-law Elodie and Kyle Hara his granddaughter, Brylee Hara,
two sisters Laurel Airica and Ronne Fonfa and his loving companion
dog, Ricky.
SLIDESHOW TRIBUTE
You can view a slideshow tribute to David’s life, created by his dear friend and colleague,
Larry Goldman, here:
http://tinyurl.com/3xglwox
============================
III. THEY JUST DON’T TAKE NO
… as an answer when there’s money to be soaked from
RMA Rank and FIle.
FAREPLAY has just filed yet another appeal of the rulings on their
lawsuits against the AFM. Both lawsuit were dismissed WITH
Prejudice, and they even had three shots at it!
RMA rank and file - Don’t be fooled, Ask yourself where the money
you turn over is going.
A very well placed recording musician put it this way:
“unbelievable…. still begging, and still more money to lawyers….. ”
Not to mention the AFM rank and file dues that will be spent fighting
these bogus appeals. As we said before, they (Rishik and the Dynastic
Duo) are just trying to keep the AFM in turmoil until the convention.
RMA rank and file and some of you RMA board members - it’s time to
muzzle your folks. The damage they are doing to your organization
and future of the entire federation cannot be overstated.
THE COMMITTEE
===========================
IV. MESSAGE FROM THE AFM PRESIDENT
Recently, Local 47 reported that they believed their computer system had been
accessed inappropriately by the AFM West Coast Office.
The AFM has access to Local 47’s computer system, but Local 47 is contending
that the AFM West Coast Office “might” have gone into areas they were not
supposed to.
Below is a reaction from AFM President Thomas Lee:
************
Dear AFM Members,
This message is to bring you up-to-date on a current AFM matter that recently
came to my attention. On February 9, 2009, I hired an Office Manager to manage
the day-to-day operations of the West Coast Office (WCO). I asked her to focus
on increasing the new use billings and collections, which is one of the top
priorities of the WCO. In addition to regular office manager duties, she also
coordinated a team approach to problem solving and brought all segments of the
office together with an emphasis on communication, productivity and efficiency.
During the reorganization of the office, it was clear that the AFM did not have
many of the B-report forms readily available in order to invoice the companies
using AFM recordings in a new medium. In coordination with Local 47, the AFM
was granted access to Ensemble, Local 47’s database, which allowed the Federation
to retrieve B-report forms as needed. This cooperative effort, which was mutually
beneficial, had a significant impact in new use billings in 2009.
In order to enable the connection, the AFM purchased two computers and placed
them in Local 47’s computer room. Local 47 officials then linked the AFM computers
to its Ensemble database. Direct access to Local 47’s B-report forms streamlined
new use billings and collections.
Please keep in mind that pursuant to Article 15, Section 7 of the Bylaws, “Locals shall
submit copies of all Electronic Media report forms to the Federation.” This ensures
that the AFM accurately bills and collects payments on behalf of all musicians whose
works are used in new mediums. The AFM has not compromised any “confidential
membership data” from Local 47’s database. The AFM’s principle interest in having
access to Local 47’s B-report forms is to obtain pertinent information for new use
billings and collections.
At some point during the last few weeks I became aware that the WCO might have
downloaded some of the B-report forms instead of locating and printing the B-
report forms from Ensemble. As a result of this unauthorized downloading Local
47 officials disconnected the WCO from access to Ensemble. I confirmed that this
was the case with President Vince Trombetta during the Jingles negotiations held
in New York from April 6 to April 9, 2010. President Trombetta can confirm that
I stated during our conversation that this downloading without permission from
Local 47 was completely unacceptable. I further stated that I knew nothing about
it, that had I been aware of it I would have immediately stopped it at once, it was
not authorized by me and I would immediately launch an investigation into the
matter.
That investigation is in process and whatever action is necessary to rectify this
issue will be taken.
Sincerely,
Thomas F. Lee
President
AFM
===========================
IV. COMMENTS
The comments below and elsewhere in this mailing represent the
typically uncensored views of the readers and not necessarily those
of the COMMITTEE. In the faith that freedom of expression allows
for the birth and ascendancy of the most beneficial ideas, all sentiments
expressed are welcome, subject to the bounds of good taste and
decorum. If you disagree with an opinion expressed by any contributor,
we encourage you to rebut it here.
ABOUT THE LAWSUITS APPEAL…
Rishik is simply prolonging the inevitable and charging people
for doing so.
————————————
Wonder how much more money they’re going to bleed from the
“faithful” to keep these suits going…
————————————
It is OK for the membership to bind the delegates AS LONG AS there is due
notice. If you go to page 21 of the April Overture you will find what they
will characterize as DUE NOTICE regarding the binding of the delegates.
What I want to know why this DUE NOTICE is NOT included in the agenda in
the “call of the meeting” on page 2? Article VIII section 7 says the DUE
NOTICE is to be included in the “call of the meeting”. As far as I am
concerned the call of the meeting (including the agenda) is on page 2 and
not page 21. Why on earth would the editor of the Overture put such an
important issue on page 21? No doubt they will try to point to the Due
Notice clause of our bylaws and say well….it was “in the April
Overture”….see page 21. My argument will be, that not putting issue of
binding the delegates on the listed agenda for the April 26 meeting did not
“properly give due notice” to the membership because a reasonable person
looking at the “call of the meeting” on page 2 would not have been informed
of the issue.
Thanks!
————————————
If the tune were so legit, then why doesn’t the AFM go after
Vancouver AFM member Simon James who contracts non-AFM work in
Seattle (WITHIN N. America)? Since the COMMITTEE doesn’t “broadcast”
this, It appears that it is the one doing the cover.
==========================
VI. CONCERTS AND EVENTS
———————————
4/24/10
SAN FERNANDO VALLEY SYMPHONY ORCHESTRA
James Domine, Conductor
Saturday, April 24 2010 at 8 pm
Pierce College - Winnetka - Theatre and Performing Arts Center
General Admission - $25
Seniors (60+) and Students - $20
ON THE CONCERT
- Bela Bartok Violin Concerto (1937-38)
With Soloist Agnes Szekely Schwartz
- MYTHOS, opus 160 for full orchestra by Michael Kibbe
A set of five tone-poems based on characters from ancient
Greek mythology: Arachne, Syrinx, Phaeton, Charron and Bacchus.
- Claude Debussy’s Prelude To the Afternoon Of a Faun,
- Selections from The Legend Of Taliesin by James Domine.
All together an interesting and colorful program!
———————————
4/28/10
Canoga Park Bowl and the
SAN FERNANDO VALLEY SYMPHONY ORCHESTRA
present
Concerts at the Bowl
Wednesday Evenings at 8:30pm
In the Royal Room
April 28th
The Blues Bandits
with David Reo, Jimi Dee, Gary Herbig,
Larry Muradian and Scott Firestone
Admission Free
20122 Vanowen Street, Winnetka, CA
Persons under 21 years of age not admitted.
——————————–
4/29/10
2010 ASMAC GOLDEN SCORE AWARDS HONORS
On Thursday, April 29th, 2010, ASMAC (American Society of Music Arrangers
and Composers) will present it’s GOLDEN SCORE AWARDS BANQUET.
This year we are honoring:
MARC SHAIMAN -Composing
SAMMY NESTICO - Arranging
The AWARDS ceremony and dinner will take place at the Universal
Hilton starting at 6pm with a silent auction. The dinner, presentation
and entertainment will happen later in the evening.
Tickets are $250 each for individuals.
For more information call 818-994-4661
———————————-
5/3/10
MARKS WATTERS AT CSUN
WIth a 65-Piece Media Composition and Studio Ensemble
conducted by the composer
Monday, May 3rd, 2010
18111 Nordoff Street
Northridge, CA 91330-8236
Plaza del Sol Performance Hall
8 PM $10/$7/$5
The concert will be featuring music by Mark Waters that has never
been performed live in concert!
Featured music from:
-Aladdin and the King of Thieves
-The RunThrough Time (The 1996 Summer Olympics)
-ALASKA: Dance of the Caribou (Disney’s True Life Adventures)
-Coraline (Video Game)
-Ben-10: ALien Force (VIdeo Game)
Parking is $6 and can be purchased at the Info Booths on either
Lindley Ave./East University Drive or Prairie Street
SEE YOU THERE!
———————————
5/5/10
FREE ADMISSION GLENDALE NOON CONCERTS
RELAX DURING YOUR LUNCH HOUR WITH LIVE MUSIC
Light lunch created by ANGELA’S BISTRO available for $6.
LOCATION: The Chapel at FIRST BAPTIST CHURCH OF GLENDALE
209 N. Louise St. (at Wilson)
Glendale CA 91206
818 242 2113
Every FIRST & THIRD Wednesday at 12:10- 12:40 pm
On Wednesday APRIL 7, 2010 at 12:10-12:40 pm
MAY 5, 2010
ANTONIN DVORAK Terzetto for 2 violins & viola
Jacqueline Suzuki - violin
Ami Levy - violin
Dimitri Kourka - viola
LOCATION: The Chapel at FIRST BAPTIST CHURCH OF
GLENDALE
209 N. Louise St. (at Wilson)
Glendale CA 91206
818 242 2113
Map & venue info http://www.fbcglendale.net
More info email teena.frazier@fbcglendale.net
*****************************************
UPCOMING CONCERTS in the same series:
(every FIRST & THIRD WEDNESDAY at 12:10-12:40 pm)
MAY 19. 2010
Works for violoncello & piano
Simone Vitucci - violoncello
Susan Svrcek - piano
JUNE 2, 2010
ANGELES CONSORT
Music of the late 16th to 18th century
Jason Yoshida - lute
Suzanna Giordano Gignac - Baroque violin & viola
Janet Worsley Strauss - Baroque violin
Leif Woodward - Baroque cello
CONCERT UPDATES:
http://www.glendalenoonconcerts.blogspot.com
Map & venue info http://www.fbcglendale.net
More info email teena.frazier@fbcglendale.net
(every FIRST & THIRD WEDNESDAY at 12:10-12:40 pm
—————————-
5/23/10
THE LOS ANGELES PIERCE SYMPHONIC WINDS
Presents
“An Illustrated Sonic Journey Through Wagner’s Ring”
Including classic illustrations by Arthur Rackham, Gil Kane and
P. Craig Russell.
Pre-concert presentation at 12PM and 3PM by Neal Brostoff, formerly
of American Jewish University, current Pierce COllege faculty member
“Richard Wagner: Human blemishes, flawed legacy.”
Concert’s Begin at 1PM and 4PM
Performing Arts Building, Pierce College
General Adminssion $25
Faculty Student and Seniors $15
“Encore” class members admitted free
Seating is limited
===========================
UNTIL NEXT TIME,
THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47
Visit us at www.responsible47.com
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April 9th, 2010 The Committee
I. NEXT GENERAL MEMBERSHIP MEETING IS APRIL 26th
II. SECOND “RECORDING MUSICIANS/FAREPLAY” LAWSUIT DISMISSED
III. NON-UNION LABOR REIGNS AT LOCAL 47 AGAIN
IV. IN THEIR OWN WORDS
V. COMMENTS
VI. EVENTS
===========================
I. NEXT MEMBERSHIP MEETING APRIL 26 AT THE LOCAL
Colleagues,
Our next membership meeting is Monday, April 26th at 7pm at
the Local. Please come down and be a part of your Local.
If you read the minutes in the April Overture, you’ll find that several
resolutions were brought to the legislative committee, but all were
ultimately dropped.
We think something is up and we think we can expect those resolutions
(whatever they are.) will be re-filed for inclusion in the July meeting,
typically the least attended meeting of the year.
Please be prepared to attend the July meeting should those
resolutions find there way onto the agenda for that meeting.
THE COMMITTEE
===========================
II. SECOND “RECORDING MUSICIANS/FAREPLAY” LAWSUIT DISMISSED
On April 6th, 2010, the 2nd of the two “RECORDING MUSICIANS/FAREPLAY”
LAWSUITS was dismissed. Both of their lawsuits have now been dismissed
WITH PREJUDICE.
As it was put to us by a source at the AFM:
“No more bites at the apple from this judge for Rishik”.
We at the COMMITTEE always knew what a sham the lawsuits were,
simply trying to keep the present AFM administration in turmoil until
the convention this June and wasting thousands of dollars from misled
RMA rank and file members plus dues from tens of thousands of national
AFM colleagues across the federation the AFM had to spend in this
litigation. These lawsuits just needed to get out of the purview of Local
47 and into the hands of a truly independent party.
Once unbeholden parties got into the mix the results were inevitable.
Bravo to the judge for doing the right thing. We hope no more rank and file
monies are wasted on such piddling yet expensive political stunts.
THE DECISION
The following comes directly from the civil minutes of the dismissal order:
Page 5 - Paragraph One
All but one of the arguments presented in Plaintiff’s Opposition have been
addressed by this Court in prior orders dismissing Plaintiffs’ complaints
with leave to amend.
[The next three paragraphs explain why their last argument fails.]
Page 6 -
Because Plaintiffs do not present any labor union cases or statues to support
their argument, the Court declines Plaintiffs’ invitation extend Ahmanson
fiduciary duties to union members voting on dues increases. Thus,
Plaintiffs’ claims against AFM fail.
Plaintiffs have now had three attempts to plead viable claims. The Court
satisfied that the deficiencies of the complaint cannot be cured by
amendment. Accordingly, the Motions are GRANTED without leave to
amend.
DISPOSITION
The Motion to DIsmiss is GRANTED without leave to amend. Defendant
[AFM] may submit a brief, concise proposed judgment to the Court within
14 days of this Order.
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April 2nd, 2010 The Committee
I. WHERE OH WHERE HAS THE MEMBERS’ DOUGH GONE
II. 2010 ASMAC GOLDEN SCORE AWARDS HONORS
III. COMMENTS
IV. EVENTS
===========================
I. WHERE OH WHERE HAS THE MEMBERS’ DOUGH GONE
“OH WHERE, OH WHERE IS IT NOW?”
Over the past few years we’ve talked about two organizations that are
allegedly (And in our minds, definitely) front groups for the RMA.
1) PMG
The PMG (Professional Musicians Guild) was created to be a potential
rival recording union to the AFM. In fact, representatives of the PMG
showed up at at least one video game conference in San Francisco
some years ago claiming that the PMG was the entity companies are
supposed to negotiate with, NOT the AFM. A blatant, bald-faced
fabrication on their part.
They even got a reputable media reporter suckered into writing
articles about them printed in major industry newspapers.
JOINING
Many recording musicians found themselves pressured at sessions into
joining this group at $200 a pop. They were not strong armed, but
definitely, according to many of these musicians, led to believe that
if they didn’t join their work “might” be affected.
PMG WEBSITE GONE
Well, the PMG’s website is no longer active. the last time the group
reared it’s head was to give a plaque to a legendary recording trumpetist
who was also being honored by the Trumpet Guide, and this was
months and months ago.
We can’t help but wonder, where is all the money they took from their
“members?” Whose pockets did the money find it’s way into. Did it go to
trips? Ads? Travel to New York or Nashville for the benefit of the RMA?
If you’re a “member” of the PMG, you might want to find out, and whether
you might be due a return of those funds.
2) FAREPLAY
FAREPLAY, another RMA front group, was created to be a clearing house for
money donated by recording musicians to pay for lawsuits by “recording
musicians” against the AFM because they didn’t want to pay 2% dues on their
mailbox money, money that simply shows up in their mailbox from work
previously done.
These lawsuits have cost our AFM many thousands of dollars, OUR members
dollars, because a small group of recording musicians, egged on by a very
few of their leaders who are desperate to get rid of an AFM administration that
won’t genuflect to them. Ironically, These lawsuits have cost far more than the
money directly involved in that 2% of dues the RMA members are so worked-up
over.
DISMISSED WITH PREJUDICE
Both the lawsuits filed by these recording musicians were dismissed. At least one of
them WITH PREJUDICE (When a case is dismissed for good reason and the plaintiff
is barred from bringing an action on the same claim.). The musicians filed appeals
on both cases.
WEBSITE
Their website has seen no activity or co-orspondence since January, 2009, over a
year ago.
What happened to all the money those RMA members handed over? Whose pockets
has that money gone into.
If you were one of those who “pitched-in” Perhaps YOU should ask where it went?
THE COMMITTEE
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