DVD review: Musical reunion of The MOB, April 2011 in Sioux Falls, South Dakota

Here we review the DVD that resulted from the induction of the Chicago-originated horn band, The MOB, into the South Dakota Rock and Roll Music Association Hall of Fame, in a concert filmed April 16, 2011. The Music Association, now just its fourth year, has managed to honor and reinvigorate many great bands of the midwest in a very short time.

For The MOB, these musicians faced a daunting challenge and price to pay to gather together and accept this very special honor. Doubts abounded, silently if not aloud. Would ‘the magic’ still be there after three decades had elapsed? Could they all still play like they had back in the day? Would they all still remember how the once perfectly memorized tunes were arranged to be played? And could they rehearse in 3 days’ time and make it sound just like it had before?

More questions than answers accompanied that unforgettable night in Sioux Falls, South Dakota. The South Dakota Rock and Roll Music Association wisely videotaped the entire night’s performances, of which The MOB’s was just one. But because their music undergirded the country’s (then) burgeoning interest in a show band, a horn band, and a fun band from 1966–1980, this single DVD is the only subject of this review.

As Doug Lund, the MC and a director of the South Dakota Rock and Roll Music Association board, announced the final performers for the evening: he shared some facts: The MOB was formed in Chicago in the mid-60s, the first band to boast a full horn section. They toured the country in a series of endless one-nighters, honing their craft. Original members included ‘Little’ Artie Herrera, Jimmy ‘Ford’ Franz, Mike ‘Paris’ Sistak, ‘Big Al’ Herrera, Gary ‘Stevens’ Beisbier, Jimmy ‘Soul’ Holvay, Tony ‘Roman’ Nedza, and Bobby ‘The Cheese’ Ruffino.

This perfect combination was the resultant amalgam of Jimmy Ford and the Executives (Bands #1 and 2), who’d been part of the Dick Clark Caravan of Stars tours, with musicians who’d also been part of the band The Chicagoans, and, before that, The Maybees, who then invited Artie and Al Herrera (Little Artie and the Pharaohs), to join them. The new formation would up leaving some players out in the cold, but not to worry; some castoffs wound up being part of recording gold in the band Chicago Transit Authority. But that’s another story.

Got that? The MOB indeed. The name came from the clever mind and deadpan sense of humor of songwriter Jim Holvay, who was tuned to a late-night crime movie on TV in 1966. Hailing from Chicago, well, you know where the carnations and pin stripe suits ideas sprang up. But it worked. For 14 years they worked, as The MOB, week after week, night after night, mostly on the road all over the United States and Canada.

Although much of fame and fortune eluded them, in comparison to Chicago, Blood Sweat and Tears, The Buckinghams, Chase, etc. in the Chicago pop rock horn sound identity, no question that The MOB was the very first ‘show band’ to put their full efforts into pleasing a live adult (vs. teenage) audience in clubs and upscale bars.

The other groups were more directed at teenagers listening to transistor radios in the 60s. So, it’s comparing apples and oranges to put The MOB into a category other than Chicago showband who made their mark in the Midwest, New York, Las Vegas, Los Angeles and parts of Canada, and of course, the Mocamba Club in Sioux Falls, South Dakota, three to four times a year.

What took place in South Dakota was only 1/8th devoted to The MOB (the full evening was preserved and pressed onto four separate CDs), but they were the group who closed the evening’s program.

After the introduction of the band and a brief history, the Sioux Falls induction DVD opens onto the faces of the principles, as lit up with megawatt excitement after being gone from the public eye some 30 years. One can only imagine what was going through their heads as Jimmy “Soul” Holvay counted off. Mike Sistak “Paris” joined him in guitar, as “Little Albert” Maligmat on bass and Bobby “The Cheese” Ruffino began the vamp that led into the horn intro to one of the favorites, Darrell Banks’ “Open the Door to Your Heart.”

John Mogen on Hammond B-3 (a member of the South Dakota R&R Music Association board) was clearly delighted to share the stage. Mogen did Tony “Roman” Nedza proud, as the horn section waited for their cue and Jimmy “Ford” Franz’s trumpet and Larry “Lone Bone” McCabe’s trombone found home base, as the evening’s final act started swinging and didn’t stop for over an hour.

As Big Al sang his first notes, 2,000 people knew that ‘this man still had it.’ Herrera took each line, ‘Walk right on in, stretch out your arms, let your love light shine on my soul baby,’ delivered in a 24-karat style, and held the audience in the palm of his hand. And he didn’t let go for a full hour.

Next, Herrera called on Holvay to join him in one of their former favorite duets, ‘Who’s Makin Love (to your old lady)’, as Bobby Ruffino precisely delivered the magic backbeat, fresh from Las Vegas special delivery to Sioux Falls. The camaraderie between the two men was evident, as was the fun they were having interacting with the audience.

A highlight of the even was the introduction of ‘Little Artie’ Herrera, who’d joined the MOB during its formative first year 1966-1967, but who’d been called by Uncle Sam into military service. Artie never got to sing with the band after that. So, after a 44-year absence from performing with them, Holvay gave Artie his signature song, ‘Turn on Your Love Light,’ and Artie Herrera breathed such passion into that tune as he danced onstage like a Broadway pro, that you would have sworn that he’d been singing it every day of his life, all of his life.

Jimmy Ford (falling right back into his familiar emcee role), introduced the Sioux Falls natives who’d joined The MOB on stage. Ford explained that there were 14 people on the stage ‘because they wanted the best show for the audience’ (including Rich Hastings, Ryan Staley, James Dittman, Gavin Wiig, and, Ken Hoyng, who’d rehearsed the group). Ford next introduced trombonist Larry McCabe (who’d toured with Ruffino and Holvay as well as the Maynard Ferguson Band), and then he introduced his longtime friend Mike Sistak.

Sistak, clearly a crowd sentimental favorite, offered a gentle tenor on ‘The Worst That Could Happen,’ made famous by Johnny Maestro and the Brooklyn Bridge. Sistak sang under the watchful regard and affection of Al and Artie Herrera and Albert Maligmat, who were pleased to sing background for him.

As Al Herrera took the mike again, The MOB blew the roof off the place in a rousing rendition of ‘Disappear’ by Holvay and Beisbier (Mercury Records). The powerful and moving anthem was perfect as Herrera’s voice and Ruffino’s drums called and answered echoed, a crowd-favorite, a kiss-off song following a broken love (I think you’d better get up and go, hit the road, baby”). When Al sang softly into his swelling ‘ohhhhhhh’ echoed by his brother and Maligmat, it was time for goosebumps.

Albert Maligmat, who flew in from Hawaii (where he’s a fulltime entertainer as well as respected Christian gospel artist) owned ‘Savin’ My Love for You,’ with Jimmy Ford pounding the conga drums like there was no tomorrow, and Bobby Ruffino in the pocket. As the horns punctuated the chorus, Maligmat ran a bass clinic during the song and surprised the audience with a batch of scat singing that had Artie Herrera glowing with pride. While Sistak and Holvay nodded and grooved with the horn section, Ford’s congas owned the middle of the song. The horns and drums came back up loud and proud and Maligmat found a new octave that he probably didn’t even have in the 80s.

As Big Al took the audience back into his focus, he held forth ‘I Dig Everything About You,’ it was poignant to watch Maligmat smile as the mutual pride was clear between the two singers. You had to wonder what it was like for Holvay to step up to the mike and sing backup on a song he’d written 45 years earlier that had found its way into the memories of DJs across the country. Even syndicated oldies DJ, Scott Shannon, has said that ‘I Dig Everything About You’ was one of his favorite songs ever, but the reality is that it remains a well-kept secret in terms of commercial success.

As the crowd sang their part ‘answers’ to “I dig everything about ya” back to Big Al, the horn section hit it perfectly. Ruffino clapped the drumsticks together as the band put down their instruments and made their way off the stage.

Poignantly some of the band members watched the audience for a reaction, and the horn section began chanting “gotta get back, back on the raod, back on the road again,” as The MOB came back to the stage for their encore.

And what an encore it was. One of Herrera’s signature songs on stage has always been, and will always be, his dramatic encore number. Before he began singing, he shared thanks to God, and remembered one of two missing MOBsters, Tony Roman (Nedza), who passed away but whose absence was marked by a full-color poster on an easel onstage. Beisbier (Gary Stevens) was not named during the show (nor was his picture displayed), but some of his best work was performed that night.

Herrera continued his prayer with, ‘life is short, you never know.’ Taking on a slightly more serious tone, Big Al encouraged the audience to ‘love their neighbors, be kind, ask what you can do for one another.’ It was a perfect entrée to the song (au. H. Woods, J. Campbell, and R. Connelly) recorded by so many artists. For one night in South Dakota, Big Al added his imprimatur. The Holvay-Beisbier arrangement of the oft-recorded song took on its own, best, life that night in Sioux Falls, even better than the superb Joe DeFrancesco production of The MOB on Twinight Records ‘back in the day,’ as they say.

In perfect sync with Ruffino’s drums, by the time Al was down to his tuxedo vest, repeating ‘try a little tenderness,’ the horns filled the air with unforgettable notes. The crowd responded by yelling ‘Big Alllll, Big Alllll’ and called for one more song.

Not one to disappoint, the band delivered their encore to the audience with ‘Let the Good Times Roll.’ Each MOB member took a turn at the verse, as the band came together on the chorus...’Hey everybody, tell everybody The MOB is back in town.’ Yeah, that’s clear.

Odds are better than even that the folks of Sioux Falls will invite this band back. For all of the band members, they’ve moved on with their lives, beautifully, since dissolving their musical entity. As South Dakota music historian Alan Schrank said (and the slogan permanently on the T-shirts prepared for the evening, ‘The Party’s not quite over.’ The best way to truly appreciate the power of this band is to order the DVD for your own collection.

The only aspect of excellence lacking from this performance is that Gary Beisbier was not in attendance for the honors ceremony and performance. Beisbier was, and remains, a talented songwriter, arranger and sax player, even if press coverage is sometimes lacking and his name is misspelled (even on the record labels). But when you move on to careers that don’t involve music, life and schedules are not always that flexible, and choices are made. There is no question that Beisbier’s songwriting skills and his understated but dynamic saxophone talent remain as much a part of the reunion weekend in both song and love of the craft. Many people have remarked how they ‘missed seeing Gary.’

Dennis Holvay remembers that Beisbier ‘could play two saxophones at one time while Jimmy Ford was triple-tonguing the trumpet.’ With Herrera’s voice and the wicked dance steps of all the guys, added to Holvay’s gymnastic splits of the late 60s and 70s, it’s really the stuff of legend until you see it for yourself.

But, you have to be patient and work hard to find it. It’s out there, thanks to Joseph Pytel, Chicago music historian and Joe Accardi (Beloit Pop House fame). These two men are the core talent to assure that fans will not forget the best music of The MOB back in the day. Pytel has created over 33 videos on YouTube directly featuring The MOB and its members, including the Herrera Brothers (Little Artie and the Pharaohs, Kane and Abel), Holvay, Beisbier, et al. For 30 years, Accardi’s book, “Beloit’s Club Pop House” had the only photo of The MOB in print. But it was that photo that connected Ana Lord to Accardi’s web site, where Joe Pytel also posted, as had Dennis Holvay (Jim’s brother), looking for video footage from days gone by.

Because The MOB has been essentially inactive as a performing band, one has only Internet resources to refer to if you’re looking to know more about who was really influential in creating the band. Beisbier, and Holvay for that matter, are known for their work with The MOB but they are better known as the songwriting duo behind ‘Hey Baby, They’re Playing Our Song,’ ‘Susan,’ and ‘Don’t You Care,’ the first two songs also credited with Jim Guercio as co-writer.

Holvay, of course, wrote ‘Kind of a Drag.’ Carl Giammarese and Nick Fortuna credit and identify Holvay’s and Beisbier’s songwriting talents in concerts as they introduce their songs to audiences around the country. Poignantly, few people know the songwriting duo for The MOB but they certainly do for the music of The Buckinghams.Funny how life turns out.

The MOB’s songs, written by Holvay and Beisbier, were so strong in their arrangements that they literally demanded to be ‘seen’ in addition to being ‘heard,’ much the way of the big bands traveling college campuses in the 40s, and show bands traveling in the 50s and early 60s. Commercial radio in the 60s may have not been ready to appreciate the true shining light that was, and is, The MOB, to the extent of having someone run to the record store to get their latest release.

Instead, The MOB really was a performing phenomenon that people ran to the box office to get tickets before shows sold out. Thanks to the South Dakota Rock & Roll Music Association, wait no longer. Two thousand people jammed into the Ramkota Exhibit Hall on April 16th 2011, and multiple video cameras captured the memories that those men had waited some 30 years to ever dream of, and realize coming true.

In addition to The MOB, other The SDRR Music Association inducted 7 other outstanding bands with rich heritages, strong fan bases, and local popularity. These bands include: The Torres, The X-Men, The Pilgrims, Don Robar & the Monarchs, Chateaux/Shattoes, DD & the Fayrohs, Steve Ellis & the Starfires as well. A full four-disk set of DVDs of the full induction evening can be ordered together, or individually at their online store:

Programs, t-shirts, and other memorabilia are also available. You’ll be surprised, and pleased, by how reasonable the prices are and how fast the orders are filled when these volunteers act! All proceeds sustain the operations of the association in recognizing and keeping great music alive for future generations to know and understand how important these artists were to South Dakota.

The Board of Directors of the South Dakota Rock and Roll Music Association includes Chair, Don Fritz, Treasurer, Terry Tausz, Doug Lund, Myron Lee, John Mogen, Mark Aspaas, and Rick Knobe. Hats off to the board, for their recognition of one of Chicago’s best and brightest groups, men who have matured today into even greater musicians today than they were back in the day.

In life, with experience comes wisdom, and an implied understanding of how life on the road can be costly, yet precious. Simultaneously, those were days they wouldn’t trade for the world. They were truly a band of brothers, and when the call came out from South Dakota’s Rock and Roll Music Association, you can hear them all saying it. You know you can. ‘Hey, we’re getting the band back together!’

Whatever happens in the future, from 1966–1980, a love of music and for one another as brothers kept them together. Faith brought them back together and faith led them into prayers of thanks and prayers for one another during the weekend, which spilled over into worship services the next day where Willie Bertsch had invited Albert Maligmat and Big Al Herrera to sing at his church (about 5 hours after the induction ceremony ended). Hope brings them discussions of ‘what next’ could be around the corner for them to return to South Dakota one day down the road. The Bible chapter of 1 Corinthians 13:13 says, ‘Three things will last forever—faith, hope, and love, and the greatest of these is love.’ South Dakota loves The MOB and clearly, The MOB loves South Dakota.

The 4th class of the Sioux Falls Hall of Fame has been announced. The induction ceremony will again be at the Ramkota Exhibit Hall, April 21, 2012. The bands to be inducted include: The Bleach Boys (Sioux Falls); Jay-Bee and the Kats (Mitchell-Huron), Gordon Bird and the Sting Rays/Original Stingrays (Madison); Gemini 6 (Flandreau); Kenny Miller (Deadwood); Chevelles (Aberdeen); Scotty Lee and the Stingrays (Volga); DJ and the Cats (Presho-Brookings); John McCormick and Something New (Salem); DJ and the Ruanways (Spirit Lake); and, the Gestures (Mankato).

Thanks to the SDRRHF Board of Directors, many of whom shared their time and background for the interviews in this series, their first-rate organizational skills (Terry Tausz) and the heartfelt passion for the best music of the 1960s (Don Fritz), as well as their musical talents on stage (John Mogen) when asked to step up and stand in place of a beloved keyboardist and MOBster.

Call (605) 362-1223 or visit www.southdakotarockandrollmusicassociation.com to order last year’s DVD or for more information tickets to this year’s induction ceremony. The journey that began because Ana M. Lord was on a mission to revive the music that resonated within her heart from childhood may have taken four years to come to fruition, but along the way, she met and made many wonderful new friends who will last a lifetime: Alan Schrank, Joe Accardi, Joseph Pytel, and of course, Mike Sistak. As Alan Schrank so poignantly summed up the entire experience: ‘The party’s not quite over.’ Truer words were never spoken.

Artie Wayne vs. the music industry: Can a nice guy finish first?

Reading the Artie Wayne biography, ‘I Did it for a Song,’ readers are moved, nay compelled, to ask themselves two basic questions.

Question 1: Can nice guys finish first in business? Answer: Which business? Response: The Music business.

Question 2: Which nice guy? Answer: Artie Wayne. Response: The answer is up to you, the reader to decide.

Do you know Artie Wayne? If you love rock and roll music, chances are good you’ve heard his name at some point in the last 50 years. And it could be for a number of reasons. Among other things, Wayne is a singer, songwriter, demo guy, promoter, producer, record label executive, nurturer of creativity, messenger of great ideas, and more. He’s more than a Renaissance guy. He’s a futurist, in the best sense of the word.

Most importantly, Wayne’s best skill is having been, and still being ‘the man in the middle’ of some of the best music ever to go from ‘how about this?’ to ‘vinyl is final’ stages. And as Wayne says, ‘he did it for a song.’

Poignantly, that is the exact title of his recently released autobiography, unquestionably one of the best and fastest fun reads of 2011. Have you read ‘I Did it for a Song’ yet? Perhaps you have, if you belong to an elite group of music lovers, who lives and breathes music so much that you haunt vintage record stores and multiple garage sales for that one missing 45 or 33 to define your collection.

Or, you have read it if you’re one of those types to check in often on blogs such as ‘The Pop Culture Addict,’ ‘Forgotten Hits,’ or even ‘Artie Wayne on the Web.’ If so, then you probably scout out treasures on eBay, you have alerts set to find a copy of a song or album that means the world to you. We know you.

You’re also the music lover who reads liner notes and knows the name of the recording studio, the recording engineer, arranger, composer, publisher and who played bass on those Billboard chart hits across the country for the past 50 years, a period in which the genre of rock and roll rose, soared, and crested into the genre we now enjoy as “classic rock music.”

In a Perfect World

In a perfect world, the music industry is an assortment of vibrant personalities, creative talents, unique business and music skills and opportunities to bring all these factors together. When combined, bright people of like minds and commensurate talents find each other, join forces and create great musical works.

Creating a music product that is known and appreciated from Middletown, CT to San Jacinto, CA is usually done for the sheer joy of creation. That’s in a perfect world. But inevitably external variables creep into the equation, introducing imperfections and exceptions, advance sales, chart positions, units moved, power rotations, remainders, returns, pre-orders, gold and platinum certification, the Grammy Awards and who will be nominated for the controversial, dubious Rock and Roll Hall of Fame.

So, who is Artie Wayne? He’s a man who lives in that perfect world, believes in the basic goodness of others, and has trusted more than a few people to do the right thing by him, particularly when they said that they would in the first place. During his career, within the upper echelon of the music business, he’s found some of the faith and trust he’s placed in others to be well worth his time.

Others have disappointed him in large measure, but he doesn’t absorb the negative energy of their misdeeds. Instead, he figures it’s just a matter of time before they do right by him. A do-right man, as the song goes.

Artie actually entered this world as Wayne Kent, a great name on two levels. One, it’s strong, to the point, and sounds like a guy who’d grow up to be an executive, doesn’t it? Two, it’s gently amusing that both names comprise portions of the alter egos of two cartoon heroes whom people are always counting on to rescue them and in fact, save the world.

Batman, as you know, was Gotham City millionaire Bruce Wayne by day; and Superman, of course, was mild-mannered reporter Clark Kent, he of the Daily Planet. Put them together and you have Wayne Kent. I doubt he ever once thought about that, yet the longer you visit with Artie Wayne, and the more you learn of his amazing abilities to make others’ dreams come true, as he introduces the world to yet undiscovered talents, the more likely you are to search him for a cape and a mask.

Just Call Him Artie

The name switch came from his being bright enough to use his real name, Wayne Kent, for songs he’d written for ASCAP publishing. His pseudonym for BMI songs was Art Wayne. It was not all that unusual back in the day to have a show biz stage name if you didn’t like the name your parents gave you. But he was savvy enough, early on, to know that he could be in both publishing organizations with a little panache and an extra non de plume. His friend and colleague, Ed Silvers, began calling him ‘Artie,’ and hence, ‘Artie Wayne’ became the bon vivant of the music business. He has not let go of the spotlight yet. He owns it. It belongs to him. That, and a few other things are due him.

How and where he’d get into the music business was never a worry. Artie seemed to have a sixth sense and proclivity for being in the right place at the right time. As a young songwriter working on future hits with a great friend, Ben Raleigh, Artie’s natural confidence and magnetic personality took them far up the ranks in short measure, all because of a positive attitude he still has to this very day. It started with Bo Diddley and Bobby Darin.

Going into Bo Diddley’s backstage dressing room before his appearance on Alan Freed’s TV show, ‘The Big Beat,’ Artie was just hoping for an autograph. Instead, Bo showed him how to get his famous ‘Hey, Bo Diddley’ riff, even tuning Artie’s guitar to an open E-chord for him. The lesson ended when (get this) Jimmy Clanton, Jackie Wilson, and Bobby Darin come through the door, interrupting the lesson to play Diddley a test pressing of Bobby’s song, ‘Dream Lover.’

Incredible Breaks, Breaking Records

Wayne and Darin became good friends, with much in common as two Bronx boys who loved music. Darin encouraged Artie in his songwriting and is responsible for not only starting Artie’s career as a songwriter, he kept it from ending. Artie shared with Darin his excitement, as he was about to sign a management contract with Alan Freed. Darin knew something that Artie (and most of the rest of America) didn’t, that Freed’s house of cards was soon about to come down with the revelation of the payola scam. Darin suggested to Artie that he go see a publishing friend of his who was officing at 1650 Broadway.

What an incredible break that was. Turned out the company was Aldon Music, and the friend was Don Kirshner. And thus began Wayne’s career. His book of 70 chapters is chock full of star-studded stories like this but the funny thing is, Artie doesn’t think of himself as a star and perhaps he’s not. He’s actually a starmaker. He perceives himself to be a regular guy, born under a lucky star, and never does seem to be affected by all the glitz and glamour that were once a part of his daily life.

Without giving the whole story away, Artie’s career went from songwriter/singer, to demo man, to producer, to (with partner Kelli Ross) running Quincy Jones’ New York publishing companies. And he didn’t stop there. At the pinnacle of his career with Warner Brothers Music, his title was General Professional Manager, and Director of Creative Services.

He ran the ‘New York, Nashville and L.A. offices out of Hollywood,’ and represented the ‘songs of Badfinger, Jackson Browne, Bob Dylan, the Faces, 5th Dimension, the Kinks, George Clinton, Gordon Lightfoot, Mahavishnu Orchestra, John McLaughlin, Joni Mitchell, Van Morrison, Graham Nash, Randy Newman, J.D.Souther, Stephen Stills, John Sebastian, Sly and the Family Stone, Carly Simon, Jimmy Webb, Allan Toussaint, Donny Hathaway, Neil Young, Glenn Frey, Don Henley, and Dick and Don Addrisi.’ He was the chief ringleader of a group of brash boys of bravado, ‘The Warner Raiders’, seven stalwart songpluggers whose mission was to know every single song in their catalog and find artists and producers to record them. Their successes were legendary.

Wayne was also known as performer Shadow Mann, and he is a songwriter who co-wrote ‘Midnight Mary’ with friend and songwriter, Ben Raleigh and wrote ‘3000 Miles’ recorded by Brian Hyland, just to name a few. Wayne recorded on 'Tomorrow Records and worked on Morris Levy’s Roulette Records, the home of music of Tommy James and the Shondells. Now, you know who Artie Wayne is. Right?

You Don’t Know Artie Wayne at All

Artie Wayne is not some paragraph on a long-ago resume of one whose life was lived on the backs, shoulders, or coattails of a bunch of rockers. Not by a long shot. Artie is one of those guys who made magic happen.

By being in the right place at the right time, he was able to draw upon a huge catalog of songs he managed, controlled, or knew a guy who did, and make certain that the right producer, the right singer, the right instrumentalist, and the right industry bigwig heard it all and, more importantly, bought it and signed on the dotted line for it. Future security for virtually everyone but Artie himself.

It’s not much of a stretch to think that he truly believed, in his heart of hearts, that if he took care of the business, the business would take care of him. So far, it hasn’t always worked out that way. But here’s Artie Wayne, ever the optimist, certain that he can get those in charge to see the light and make things right. That remains to be seen, but after talking for an hour with Wayne, you are convinced that he’s right.

Sharing Wayne’s story is best left to him to tell. The untold story is here, and in it is the question: ‘Does the Music Industry really take care of its own?’ Artie was so busy doing deals for other people that he failed to write himself into contracts where he could have. Innocently or naively, you be the judge, he was counting on people to remember him ‘later,’ yet only a handful of people did.

Among those who he considers great friends today are songwriter Alan O’Day (‘Angie Baby,’ ‘Train of Thought,’ ‘Undercover Angel’) and Allan Rinde (of Cash Box and later Columbia Records), who have remained his lifelong friends and trusted associates. There are others but sadly, some have already passed away.

The Royalty Statement Said ‘What’?

The biggest, most important ‘do right’ question came to light this week when Wayne opened up his royalty statement and was shocked to see that: ‘This last quarter is the first time in my career that I didn’t receive one penny in royalties as a songwriter or publisher. What is even more devastating is the big Michael Jackson payoff I was expecting from having two of my songs in four different posthumous releases fizzled out. Supposedly, only a few thousand units were sold…but I don’t believe it…do you?’

The two songs Wayne co-wrote are ‘Touch the One You Love’ and ‘Little Christmas Tree’ and they’ve been re-released since 2009. You can imagine the skyrocketing numbers of posthumous sales of any recording by Michael Jackson in the past year.

So, as Wayne states, he ‘called to ask for a $5,000 advance,’ and the corporation could expect to recoup that based on Jackson’s longstanding popularity. They didn’t give him the $5,000 but they did give him $2,500. The next period, Wayne said the corporate statement, stemming ultimately from the conglomerate music entity, had not recouped the advance. Hmm. Interesting. So he waited a while and asked for another $2,500 advance. They gave him $1,500. Even more shocking as Wayne read the statement over the phone, he’d been credited with earning $40 in that quarter, and the company wasn’t going to pay out until the sum reached $50.

Let’s do the math. As cowriter Wayne would earn $.02 on each sale/download whatever. Earning $40 means that only 2,000 units were sold that quarter. The $4,000 advanced by the company to Wayne was not charity. It was an expectation of something Wayne contends is the reality, of the elevated status of any new, unreleased, rereleased items in the Michael Jackson catalog. Does that 2,000 units look right, in a quarter that hung in the precipice between the announcement of Jackson’s death and this month’s national news updates of the ongoing criminal trial for Jackson’s death being considered wrongful vs. accidental?

We’ve Already Been Down This Road Once Before

Just like Steve Popovich, the late industry promo genius of Columbia Records, had to do, it seems like Wayne is destined to don his cape and mask one more time and see if he can’t win it for the little guy, the good guy, and the guy by himself. Popovich created a web site that hundreds spent more than a few hours reading a few short years ago. The web URL, inactive today, was, ironically, onemansfightagainstsony.com. The industry lost Steve Popovich earlier this year and not only did grateful musicians write their own Internet tributes upon his passing, so, too, did Artie Wayne remember Steve in his ultra popular blog, ‘Artie Wayne on the Web’.

Popovich is another of those names that more insiders than record consumers know. He was the guy, to read what Clive Davis said in his biography years ago, who lived on Tab soda (remember that?) and bags of chips, slept on his couch at Black Rock headquarters in New York, and was on the phone working records 24/7 across the country. He’d be the button puncher with his car radio dial preset every where he went, listening to hear where and when his songs were played.

Good-natured Steve worked records into a frenzy and created buzz, wrote the buzz, kept the buzz going and was a licensed hitmaker. The man turned good little songs into solid gold pieces of history. And he’s gone now. He won his fight with Sony, and now he’s gone. It’s a crying shame but he’s almost forgotten, except by those who remembered where they came from and the names of all the ‘little people’ who he made their path of gold for, all without ever singing a note or playing a piano.

Is Artie Wayne destined to become another Steve Popovich? They have a lot in common: indefatigable, wide-eyed lovers of life, who live, breathe, love, consume any air filled with music. Plus, they were raised by their families to do the right thing. When Popovich won, in the settlement over ‘bookkeeping’ for his sales at his own Cleveland International Records (rereleasing Meat Loaf’s Bat out of Hell on CD was the centerpiece of the issue), it took all his energy to fight that fight. No one knew publicly what he made off the settlement, and the records were apparently sealed.

For Artie Wayne, it’s déjà vu, all over again. And who knows, his big label conglomerate might surprise everyone, and decide to do the right thing...eventually. Artie Wayne, at age 69, isn’t getting any younger. He still thinks and talks like he’s 25 years old, but you know how long things like this can drag on. And, let’s face it. It’s just not right.

You Decide Whether or Not a Nice Guy Can Finish First

So how can every reader decide whether nice guy Artie Wayne can finish first? The answer is right on your computer. Buy his book. For $9.95 you can get his e-book in any format you want: iPad, Kindle, e-Book, Word doc, it’s there. More than just buying his book, you’re sending him an affirmation that you support his efforts to go back to the mountain one more time to see if corporate conglomerates can rediscover their lost bookkeeping.

If you are a singer, songwriter, entertainer, producer, DJ, blogger, or music lover, even if you haven’t met Artie Wayne, send him your message that he’s not alone. It’s a pretty isolating business when you’re no longer in powerful positions. A lot of the friends who you think will remember you...may not. If you go up against a behemoth, you find out who your real friends are, another hard lesson to accept while you’re fighting a bigger one. The e-book is the best, fastest reading you’d ever hope to enjoy. In his you-are-there style of writing, you really are under the strobe lights, the spot lights, and the stage lights of the best days in the music business ever. They’re gone now. Sadly. Today's big music labels overflow with executives, lawyers, and folks who have gone to Wharton who tell you how many units you need to sell before they’ll sign you. It's taken all the fun out of making music for some.

We don’t any longer have those independent hustlers who moved records out of the backs of their cars. We don’t have the guy who will give you $20 cash because he knows you haven’t had a hot meal in a week while you try to get your band a gig somewhere. You have YouTube videos to showcase your work instead of being able to go live to prove yourself and develop a following. It's convoluted, confusing, and there's plenty of room for change available to bright minds willing to get in there and be a part of the solution and the future of music creation and delivery.

Classic rock lives. Artie Wayne has faith in humanity. Show him that you appreciate his spending 50 years in a business trying to help musicians achieve their dreams. At least post on his blog (http://artiewayne.wordpress.com/) and let him know he’s not the only one who cares about this. He asked for nothing for himself so many times that he helped others. For the love of music and love of people, he did it for a song. Rock on, Artie. Rock on.