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November 14, 2009

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Columnist Joe Delaney: Issue of taped music rears head again

Thursday, Oct. 11, 2001 | 8:31 a.m.

The late Rogers was a good friend and we spent much time together during his tenure as sound engineer in the Caesars Palace Circus Maximus ... Despite our closeness, I had no idea Rogers was recording live performances ... The custom in Las Vegas, not written to my knowledge, was that a tape would be made of the opening-night performance only for artists wishing to critique their work the night before.

It appears that Rogers actually taped more than opening-night shows with tapes of a quality suitable for commercial release ... Upon Rogers' death about five years ago, those tapes came into the possession of his stepson, Gilbert Cebellero ... During this period, the 1970s and 1980s, the owners of Caesars Palace and the musicians who worked at the hotel did so under terms of an agreement with the local union.

All terms of the agreement were complied with covering the live performances of the musicians ... Rogers had no legal right and I doubt he had prior permission to record these performances.

If these performances were also intended for eventual release on CD, prior written notice to all concerned was required under a separate American Federation of Musicians (AFM) agreement covering recording procedures ... In addition, the agreement clearly stated terms that required separate payments to participating musicians for each 15 minutes of recorded material.

Neon Tonic Records, a subsidiary of Concord Inc., actually produced a CD containing live performances of a number of Caesars Palace artists, including Frank Sinatra, Sammy Davis Jr. and Andy Williams ... I understand that 20,000 copies were produced using the Caesars Palace name in the packaging to be sold exclusively there for a three-month period at a suggested price of $25.

Potential gross: $500,000 ... After the three-month period the CD was to be given a national release on the Concord Records label ... Concord is a respected company with releases by Rosemary Clooney and top artists in the jazz field ... One must assume that agreements have been made with the Caesars Palace stars, having not heard anything to the contrary.

CD production is apparently at a standstill since the matter is in litigation as a result of a suit filed by the Musicians Union of Las Vegas Local 369 on behalf of the musicians who performed on the recordings.

In a recent column in another local paper, Ethan Crimmins, identified as president on the Neon Tonic label, has reportedly said that after more than 20 years the union could not look beyond the fact that the tapes were illegally recorded and seemed to base its requests more on emotion than logic.

It seems obvious that the union is basing its requests on compliance by all concerned with an existing agreement ... If it goes to trial, this is a case that could have far-reaching implications ... Working musicians have not fared well in Las Vegas since the hotels decided that taped music was better than the totality of a live performance.

Star-policy rundown

It's David Brenner, 8 p.m. and the Amazing Johnathan, 10 p.m. (Golden Nugget); Mac King afternoons, Clint Holmes evenings (Harrah's); Kenny Chesney plus Society of Seven in separate rooms (LV Hilton); Blue Man Group (Luxor); George Carlin, plus Rick Springfield starring in "EFX Alive" (MGM Grand); Siegfried & Roy and Danny Gans in separate theaters (Mirage).

Plus Lance Burton (Monte Carlo); Rita Rudner (New York-New York); Smothers Brothers (Orleans); Scintas (Rio); Steve Wyrick and Michael Holly in separate theaters (Sahara); Wayne Newton (Stardust); Randy Travis, Friday only (Sunset Station); Rick Thomas (Tropicana) and Melinda, First Lady of Magic (Venetian).

Recommended: One of the best country impressions shows anywhere is "Honky Tonk Angels" at the Gold Coast ... With all of the Elvis impressionists in town, the best presentation is by Trent Carlini as "The Dream King" (Boardwalk Casino) ... Most evening fun, the real Las Vegas: Sonny King, Blackie Hunt, the Lt. Gov., his wife, Lorraine Hunt, and friends (Fridays and Saturdays) at the Bootlegger.

Peter Anthony, Dennis Bono, Tommy Deering plus King and the Hunts and a fine quartet topped off one of the best Old-Timers Reunion Dinners in recent years, last Sunday at the Stardust ... This Saturday at the Stardust it's Les Brown's Band of Renown, led by Les Brown Jr. and featuring longtime column favorite Butch Stone.

Thursday special: Marv Koral's All-Stars with Carl Fontana, Gus Mancuso, Bog Badgley and Pat Sherrod at the Jazzed Cafe and Vinoteca ... See you Friday.

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