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24 The <strong>Nashville</strong> Musician October-December 2006<br />

Recording<br />

<strong>Musicians</strong><br />

<strong>Association</strong><br />

a.k.a. RMA’s<br />

^ . . . Corner Dave Pomeroy, RMA President<br />

By now, almost everyone who is not living<br />

under a rock knows that technology is<br />

changing our world at an ever increasing pace.<br />

The Internet has forever changed the way that<br />

the world gets its news, how it does business<br />

and especially, how it entertains itself. New<br />

business models are being developed every<br />

moment of every day all over the world, and<br />

any one of them could alter the landscape of<br />

the music business forever.<br />

The major record labels are owned by large<br />

corporations who are frantically trying to figure<br />

out how to turn these new technologies<br />

into revenue to help them survive in a market<br />

that has been invaded by TV, movies, DVDs,<br />

videogames and many other forms of entertainment.<br />

Do you think that these companies<br />

care about the artists, musicians and<br />

songwriters who create the music they sell?<br />

They consistently don’t want to pay us<br />

properly or include us in the “found money”<br />

generated by these new technologies. I have<br />

participated in every round of the latest Phono<br />

Agreement negotiations, which have been<br />

prolonged and often contentious, and unfortunately,<br />

the end result is that we STILL do<br />

not have a deal, even though we THOUGHT<br />

we had a tentative agreement last May. Because<br />

of this, the pay raises for Master and<br />

Low Budget Scales that we negotiated for this<br />

year have not taken effect. (Limited Pressing<br />

and Demo Scales are local and set by Local<br />

257.)<br />

Assuming we can finally agree on terms,<br />

the cumulative bump up in pay and pension<br />

next year will be larger, but that won’t bring<br />

back the lost wages and our share of the income<br />

these new technologies are already<br />

bringing in. Many of the issues that are unresolved<br />

relate to the exploitation of “new media”<br />

- Ringtones, ringbacks, and rates for audio<br />

and video downloads. I have been trying<br />

to stay on top of the latest developments, and<br />

I can say cautiously that we ARE moving forward,<br />

but at a much slower pace than I would<br />

like to see.<br />

Hopefully we will have good news to report<br />

in the near future and an Agreement that<br />

incorporates the new technologies in a way<br />

that we can live with. These Agreements are<br />

not perfect by any means, but they are still<br />

the best protection we have against unauthorized<br />

use of our work.<br />

Something else that has come up this year<br />

is a Videogame proposal from another Local<br />

which allows videogame work to be done as<br />

a “buy-out” at a scale that corresponds roughly<br />

to our Demo scale. To make matters even<br />

worse, this proposal would allow music made<br />

for a videogame to be used for ANY other<br />

purpose wihout any additional payments to<br />

musicians who worked on the recording! It’s<br />

not hard to imagine how a major artist could<br />

record a “Soundtrack to a Videogame” and<br />

subsequently decide to release it as an album<br />

and/or license it for film or television work,<br />

ALL WITHOUT ANY ADDITIONAL NEW<br />

USE PAYMENTS!<br />

This proposal is very short-sighted and<br />

dangerous, and if adopted, could easily and<br />

severely compromise, if not eliminate, New<br />

Use and Re-Use payments and our participation<br />

in the Phono and Film Special Payments<br />

Funds. The RMA has offered our own very<br />

fair and reasonable Videogame proposal that<br />

is very well researched and preserves the New<br />

Use and other payments that we deserve.<br />

Rest assured, the RMA is doing all we can<br />

to convince AFM Leadership to do the right<br />

thing and reject any type of buy-out proposal.<br />

It should be noted Local 257 President and<br />

AFM Vice President Harold Bradley has supported<br />

our “no buy-out” position in AFM<br />

meetings on this issue. Thanks, Harold, and<br />

congratulations from all of us on your selec-<br />

tion as the first session player to enter the<br />

Country Music Hall of Fame!<br />

I wish that there was not a need for the<br />

Recording <strong>Musicians</strong> <strong>Association</strong>. Those of us<br />

who are fortunate enough to be in the position<br />

of getting paid to do recording work are typically<br />

too busy to keep an eye on the inner workings<br />

of the AFM and its relationship with its<br />

own members and with Industry. However, if<br />

we don’t pay attention and keep working with<br />

our heads in the sand, the rug can be pulled<br />

out from under us in a heartbeat, and how and<br />

why it happened won’t even matter.<br />

For many years, the RMA has brought its<br />

collective knowledge to the bargaining table<br />

and helped protect our ability to make a living.<br />

The RMA is a watchdog for the concerns<br />

of recording musicians, which at times may<br />

differ greatly from the majority of the AFM,<br />

and even its leadership. While it is understandable<br />

that those who do not “do what we do”<br />

may have a different viewpoint on what our<br />

important issues are, that single fact gives us<br />

all the more reason for to stick together and<br />

get involved. It is a healthy part of any decision<br />

making process to have honest, knowledgeable<br />

feedback and opinions on the issues<br />

that affect us everyday, and that is what the<br />

RMA brings to the AFM’s table.<br />

If you are a recording or touring musician,<br />

you should know that the RMA is working tirelessly<br />

on YOUR behalf and protecting YOUR<br />

rights. It’s easy to do nothing, and think that<br />

as long as you are busy, everything is OK. The<br />

reality is that NOW, more than ever, we have<br />

to stand up for ourselves and speak with a unified<br />

voice. The RMA is that voice and if you<br />

are a member, you can help change OUR<br />

Union for the better. It’s your future - Join the<br />

RMA!<br />

Musically Yours,<br />

Dave Pomeroy<br />

President - RMA <strong>Nashville</strong><br />

P.S. The long rumored RMA <strong>Nashville</strong> Directory<br />

will be a reality next year. This will be<br />

made available as an invaluable resource for<br />

producers, publishers, and songwriters who<br />

want to quickly locate the best of <strong>Nashville</strong>’s<br />

recording musicians. Be sure and renew for<br />

2007 early at so you<br />

will be included!<br />

Writer-musician-promoter<br />

Tillman Franks dead at 86<br />

Bassist-songwriter-manager Tillman<br />

Franks died Oct. 26 in Shreveport, La., following<br />

a long illness. He was in a hospice at<br />

the time of his death.<br />

Franks was well known in Shreveport, especially<br />

during the historic KWKH-Louisiana<br />

Hayride era, and was involved with the careers<br />

of many of its earliest stars, among them Hank<br />

Williams, Johnny Horton, <strong>Web</strong>b Pierce, Kitty<br />

Wells, Johnnie & Jack, Red Sovine, Faron<br />

Young, Claude King, Goldie Hill, Jim Reeves,<br />

Slim Whitman, Elvis Presley and David Houston.<br />

At one point, he led his own band the Rainbow<br />

Valley Boys, and was with Pierce’s Southern<br />

Valley Boys, where he was referred to by<br />

the nickname “Radar.” He later managed<br />

Pierce, who was soon signed to Decca Records<br />

and onto WSM’s Grand Ole Opry program.<br />

He was born Sept. 29, 1920 in Stamps,<br />

Ark., and he was 2 years old when his family<br />

moved to Shreveport. At 14, he taught himself<br />

to play guitar. While attending suburban Byrd<br />

High School, Tillman formed his first band,<br />

the Rainbow Boys.<br />

During World War II, Franks served with<br />

distinction in the Army Air Corps, including<br />

service on Saipan in the Pacific. While in the<br />

military he also formed a band, this time in-<br />

cluding fellow GI (and future folk star) Pete<br />

Seeger as a key member.<br />

When the Hayride premiered April 3, 1948,<br />

Franks performed, playing bass for the Bailes<br />

Brothers. In time, Tillman co-wrote <strong>Web</strong>b’s “If<br />

Crying Could Make You Care,” Kitty Wells’<br />

“How Far Is Heaven,” Claude King’s “The<br />

Comancheros” and several for Johnny Hortom,<br />

most notably “Honky Tonk Man,” “I’m a One<br />

Woman Man,” “When It’s Springtime in<br />

Alaska” and “Sink the Bismarck,” the latter<br />

two #1 country singles that crossed over.<br />

Franks served as manager for such key<br />

artists as Claude King, Jimmy C. Newman and<br />

Horton, with whom he was riding when a car<br />

crash claimed Johnny’s life (Nov. 5, 1960).<br />

As an artist himself, Franks charted Billboard<br />

with two Top 30 tunes he co-authored:<br />

“Tadpole” (1963, co-written with Merle<br />

Kilgore) and “When the World’s On Fire”<br />

(1964).<br />

Mr. Franks is survived by his widow Virginia,<br />

two daughters, two sons, eight grandchildren<br />

and a great-grandchild.<br />

Freddy Fender’s<br />

fight finally over<br />

Freddy Fender a.k.a. Baldemar Huerta<br />

Cancer has claimed Tex-Mex icon Freddy<br />

Fender, 69, who waged a courageous battle<br />

against the deadly disease over the past several<br />

years.<br />

Fender, best known for his #1 million-selling<br />

country cross-over singles “Before the<br />

Next Teardrop Falls” and “Wasted Days and<br />

Wasted Nights,” died at his home in Corpus<br />

Christi, Texas, Oct. 14, with his manager-wife<br />

Vangie Huerta by his side.<br />

A veteran of hard knocks, Fender was<br />

grateful on Jan. 24, 2002 that his daughter<br />

Marla Garcia donated a kidney (transplant) for<br />

him, helping to prolong his life. In 2004,<br />

Fender had a successful liver transplant.<br />

“Freddy was an icon for country music and<br />

the American dream. While recording a duet<br />

of ‘Before the Next Teardrop Falls’ with<br />

Freddy this year, it was evident that he still<br />

had the fire that burns in the belly of ‘true’<br />

artists. It was the first time I have ever had<br />

chill bumps in a studio. He was a champion<br />

and a warrior and now he has become my<br />

hero,” says singer Clay Walker in a prepared<br />

statement. “Thank you my friend - save a spot<br />

in heaven for me in your angel band.”<br />

Born Baldemar Huerta, June 4, 1937, in<br />

Benito, Texas, he was the son of immigrant<br />

Mexican parents and grew up in a “Barrio,”<br />

the term for a poor Hispanic neighborhood.<br />

Baldemar worked side by side with his parents<br />

in the fields during picking season in the<br />

Rio Grande Valley, where he heard fellow laborers<br />

entertaining themselves by singing.<br />

Music became his life-long love, and at age<br />

10 he won an amateur talent contest singing<br />

“Paloma Querida” at the Grand Theater in<br />

Harlingen. His prize was a tub-full of food (valued<br />

at $10). He also sang “Paloma Querida”<br />

when in 1947 he made his broadcast bow on<br />

KGBT-Harlingen radio.<br />

A decade later, he recorded in Spanish under<br />

his real name for the Falcon and Mission<br />

labels. Baldemar took time out to join the U.S.<br />

Marine Corps in 1954, serving for three years.<br />

As an artist, Huerta actually tried various<br />

music styles, including country, conjunto,<br />

rockabilly, R&B, playing under different stage<br />

names, among them El Be-Bop Kid (1957),<br />

Eddie Medina (1961) and Scotty Wayne<br />

(1962). Then in the mid-1970s he returned to<br />

the Anglicized Freddy Fender, a nom de plume<br />

he utilized briefly in 1958, taking the surname<br />

from the guitar he played, and “Freddy” be-<br />

cause it flowed well with Fender.<br />

It was in 1959, for Duncan Records in San<br />

Antonio, that he first recorded his then-poporiented<br />

cut “Wasted Days and Wasted<br />

Nights” (which he co-wrote with label owner<br />

Wayne Duncan). Early the following year, it<br />

registered nationally after being picked up by<br />

Imperial Records (home to such legends as<br />

Fats Domino).<br />

Arrested on a marijuana possession<br />

charge, however, Huerta's career was sidelined<br />

as he spent nearly three years of a five-year<br />

sentence in Angola State Prison (1960-’63).<br />

Country Music Hall of Famer Jimmie Davis,<br />

then Louisiana Governor, helped Fender obtain<br />

an early release. After being paroled,<br />

Freddy did session recordings in New Orleans,<br />

and also performed regularly at Papa Joe’s on<br />

Bourbon Street.<br />

From 1969 on, except for weekend gigs,<br />

he dropped out of music professionally while<br />

furthering his education at Del Mar College,<br />

thanks to earned military benefits. During this<br />

period, Freddy also became friends with Houston-based<br />

producer Huey P. Meaux.<br />

In 1974, he returned to the recording scene<br />

to cut the Ben Peters-Vivian Keith ballad “Before<br />

the Next Teardrop Falls,” on Meaux’s<br />

Crazy Cajun label. Picked up by ABC/Dot,<br />

the single charted country Jan. 11, 1975, and<br />

shot to the top of the country chart March 15<br />

(for two weeks), then also went #1 pop on May<br />

31. It won the CMA Single of the Year award.<br />

In turn, Fender was voted the Academy of<br />

Country Music’s Best New Male Singer<br />

(1975).<br />

His signature was singing portions of the<br />

lyrics in English and Spanish, which made<br />

them seem all the more romantic to female<br />

fans. As a result, Fender enjoyed a diverse fan<br />

base, ranging from country to pop to Tejano.<br />

Freddy’s follow-up single “Wasted Days<br />

and Wasted Nights” also went #1 country on<br />

Aug. 9, 1975, and peaked at #8 pop. Those<br />

two country-pop hits earned Fender the trade<br />

weekly Billboard’s Artist of the Year award, a<br />

well-deserved honor because before the year<br />

was out Fender hit #1 country again (Dec. 6)<br />

with “Secret Love,” via his cover of the 1954<br />

#1 Doris Day disc (his also hit Top 20 pop).<br />

Indeed from 1975 thru ’79, Freddy’s<br />

chartings were impressive, including another<br />

#1: “You’ll Lose a Good Thing,” which<br />

peaked pop at #32 in 1976.<br />

Covers were his refuge as he scored with<br />

his Top 10 version of “Since I Met You Baby,”<br />

an Ivory Joe Hunter classic; followed by successes<br />

on “The Wild Side of Life,” Hank<br />

Thompson’s top seller; and “Vaya Con Dios,”<br />

a #1 pop recording by Les Paul & Mary Ford.<br />

Writer Ben Peters had furnished “Living<br />

It Down,” yet another near-charttopper for<br />

Fender in 1976; and producer Meaux encouraged<br />

Freddy to cut Meaux’s “The Rains<br />

Came” (#4, 1977), an earlier hit for Sir Douglas<br />

Quintet.<br />

On May 17, 1977, Freddy sang with Hank<br />

Thompson, Roy Clark and Don Williams in a<br />

performance at New York’s Carnegie Hall, recorded<br />

live for ABC/Dot as “Country Comes<br />

to Carnegie Hall.” His own solo #1 albums<br />

were “Before the Next Teardrop Falls” and<br />

“Are You Ready For Freddy” in ’75. That<br />

same year he had a Top 10 LP “Since I Met<br />

You Baby.” Other Top Five albums: “Rock<br />

’n’ Country,” “If You’re Ever in Texas” and<br />

“The Best of Freddy Fender.”<br />

Fender is heard on the 1982 soundtrack for<br />

the Jack Nicholson film “The Border,” and<br />

appeared in the Robert Redford 1988 movie<br />

“The Milagro Beanfield War.”<br />

Freddy and friends Flaco Jimenez, Doug<br />

Sahm, and Augie Meyers became The Texas<br />

Tornados in ’90, earning a best performance<br />

Grammy for their Latino recording, “Soy de<br />

San Luis.” In 1998, he, Sahm and Jimenez<br />

joined Joe Ely, Cesar Rosas, Ruben Ramos<br />

and David Hidalgo as the Los Super Seven,<br />

and another Grammy was awarded for the new<br />

group’s self-titled album debut (1999).<br />

Climaxing an amazing comeback era,<br />

Fender was honored with yet a third Grammy<br />

in ’02, for a solo effort “La Musica de<br />

Baldemar Huerta,” featuring him paying homage<br />

to the songs he heard while growing up.<br />

(Continued on page 35)

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