Nearfest Weekend 2007
…And Then There Was One…
Yes, and yet again comes another Nearfest. I worked this one out the best I could under the circumstances dealt to me. Jack couldn’t go this year due to personal issues, George; well we don’t even know where he is at the moment, and Roger and Bob? They gave up years ago. So

That One Shot Of Magma Is Dripping On My Leg
The show started out with Magma’s off shoot, One Shot. One Shot has a pseudo Crimson feel that blew minds with their set. Granted, the band had some technical difficulties in the beginning of their set, but when they got rolling, they were heavy and hot. Hard to believe they are in Magma if you never heard of them before. One thing I kept watching during their set was

CHAD: Meet Me Backstage
TOM: Ok
As I approach the backstage, I have no all access pass yet, so I wait instead of barreling through the back like people have in the past. Chad meets me, we go backstage, and there is Jimmy Johnson, Chad Wackerman, and Allan waiting to take the stage. I look at Jimmy Johnson and say, “Dude, your bass playing makes me cry…” He responds with, “My bass playing makes me cry too..” We laughed for a minute until Kevin Feeley goes, “GO. GO. GET OUT THERE. BRING THEM ON.” Allan had already walked out on stage. The crowd starts. I then go out on the stage.

One With Extra Extra, Please.
I woke up just as IZZ was getting on stage. I rushed to iron a shirt, (yes I care what I look like when I leave places), eat something, then bolt to Zoellner. I was craving one thing, and one thing only. Greg Jones Coffee. I know I tend to exaggerate at times. I can’t on this. This is the best cup of coffee I have ever had. I love Dunkin Donuts, I love 7-11 coffee, but I am sorry, this is no
The 2007 Gloveball Championship
As Bob Drake’s ensemble played, so did the 2007 Gloveball Championship overlooking the beautiful rolling hills of Bethlehem’s Zoellner Arts Center. Sponsored by Jagermeister, the breakfast of champions. Before leaving for this fictitious annual event, I shared a pulled pork sandwich with Molly. Molly was a hottie. Perfectly contoured with beautiful eyes, a shapely figure, and sweetly affectionate. Molly was a Rottweiler mix that used her eyes and eyebrows to get what she wanted. Typical woman. But at least we bonded. It was off to the game. Let’s explain the rules.
1) You need to have a cubed sticks tied to together 2 inches by 2 inches preferably spiked at the end or with nails at the end for full effect.
2) You need an auto mechanics dirty cloth/leather glove to give it some weight. Also remember, it has to be large and not important. Preferably yellow as well.
3) Stand 20 feet from your opponent. Put the glove on to the end of your stick.
4) Pitch the glove either over hand or under hand BUT using your stick.
5) If the opponent hits it, the pitcher must throw his stick spear-like at the batter.
6) If you hit the opponent, he doesn’t get a point and it counts as an out. There are 3 outs.
7) If you miss the opponent, he gets a point, and another at bat.
8) So in actuality, you can have the lead over your opponent, but still lose.
The matchup was between Ray Weston, lead vocalist of Echolyn, and Tom Hyatt, bassist of Echolyn as well. These two were neck in neck, and Ray seemed to have the slight advantage. As the Newears.org guys watched from afar with mixed spirits, Ray was clocking the glove, pushing it up to the roof of the Newears Winnebago quite frequently. But just then, sloppy play would give Ray 2 outs while Tom had only had 1 out. Time was against Ray. Ray had a lot of power behind his swing but it just seemed that Tom was better equipped for striking out and missing the spear. Despite Ray’s 10-7 lead, Tom would win on a final spear on Ray. One can only wonder what next season will bring. Congratulations Tom.
Bombing The Wall
As always, at least on the Saturday portion of the weekend, I have to reserve the second half of the day to radio show prep within the confines of the University Station Bar in Bethlehem, PA. That means meeting up with Davin Flateau, the master of Aural Moon, and Keith “The Man”
Can You Lower It Please?
Our first guest of the night would be Sean McFee, host of the Aural Moon radio show Progressive Shores. We talked about his show, Progquebec, and most humorously, Hoppertunity Box. Sean is truly one of the good guys of the scene I can always count on in a pinch and has a great sense of what’s good and not to mention his knowledge of music is
Here are the myths and facts in relation to this:
MYTH: Broadcast radio, satellite radio and Internet Radio pay the same amount of royalties to creators of music, or pay proportionate relative to the size of their businesses.
FACT: The smallest medium – Internet radio – pays the most royalties; and under the new CRB royalty scheme the smallest webcasters will pay the highest relative royalties in amounts shockingly disproportionate to their revenue. Broadcast radio, an industry with $20 billion in annual revenue, is exempt and pays no performance royalties to record companies or recording artists. Satellite radio, which has approximately $2 billion in annual revenue pays between 3 and 7% of revenue in sound recording performance royalties.
The six largest Internet-only radio services anticipate combined revenue of only $37.5 million in 2006, but will pay a whopping 47% (or $17.6 million) in sound recording performance royalties under the new CRB ruling. In 2008 combined revenues will total only $73.6 million, but royalties will be 58% or $42.4 million.
Small Internet radio services are essentially bankrupted by the CRB ruling, with most anticipating royalty obligations equaling or exceeding total revenue.
MYTH: Internet Radio isn’t really that big anyway. Most people still listen to traditional FM radio.
FACT: At some point every day more than 7 million Americans are listening to Internet radio. Studies by Arbitron and Bridge Ratings conclude that between 50 and 70 million Americans listen to Internet radio every month, and about 20 percent of 18-34 year olds listen to Internet radio every week.
MYTH: If Internet Radio is so big the higher royalty rates should be affordable.
FACT: Internet radio is a relatively new industry with advertising models still developing. Some services rely on banner ads; others are selling traditional audio ads; and still others rely on sponsorships. The vast majority of Webcasters will not be able to generate enough advertising revenue to pay their new, higher royalty fees.
MYTH: The webcasters’ previous royalty rate was too low and needed to be increased to ensure that artists and record companies are paid fairly.
FACT: Bankrupting the Internet radio industry will not benefit artists or record companies, as total industry royalties will diminish. Moreover, the demise of Internet radio will be particularly harmful to independent artists and record labels whose music is rarely played on broadcast radio. The American Association of Independent Music reports that less than 10% of terrestrial radio performances are independent music but more than 37% of non-terrestrial radio is independent music. This benefits artists, labels and music fans.
When Congress provided webcasters a guaranteed “statutory license” to perform sound recordings, Congress intended that Internet radio would flourish as a competitive medium offering diverse programming and paying a royalty. Tripling webcasters royalties undermines all these goals.
MYTH: Big webcasters can afford these royalties and they will each offer hundreds or thousands of channels, so what’s the big deal?
FACT: The CRB royalty is so high that even the biggest Internet-only radio services – including Yahoo, AOL, MTV and RealNetworks – will pay a combined 50+ percent of their revenue for only this single royalty. The only way to make a profitable, scalable business will be to attract the largest audience and advertisers while reducing overhead and innovation. The result will be “mass appeal” Internet radio programming that will look much more like today’s broadcast radio, rather than the diverse programming that exemplifies today’s Internet radio.
MYTH: The rate is only increasing from 7/100 of a penny per song streamed to 19/100 of a penny per song streamed over a 5-year period.
FACT: Nearly tripling the per-song royalty rate is only the first insult.
No Revenue-based Royalty Option. Prior to this decision all small webcasters and some large webcasters had the choice of paying royalties based on a percentage of their revenue that typically equaled 10-12%. But the CRB decision did not offer a revenue-based royalty option for any webcasters.
Retroactive Impact. The CRB decision is effective as of January 2006, so if it actually becomes effective for only one day its impact will be immediate as the past due royalties alone will be enough to bankrupt virtually all small and mid-sized webcasters.
Per Station Minimum. The CRB piled on even more, by imposing a $500 per channel minimum royalty that for many services will far exceed the annual royalties that would otherwise be due even after the CRB decision. One advantage of Internet radio is that it is not limited by spectrum capacity or bandwidth capacity, which enables several services literally to offer 10,000 or 100,000 stations and more. By penalizing this innovation and creativity the CRB further ensures that Internet radio will become less creative, less dynamic, less of an opportunity for non-mainstream artists and genres, and will look more like broadcast radio in the future.
So there you have it. That’s it in a nutshell. Don’t worry, we’ll win.
As we got ready to close out the show with some
selections from Cozy’s new pile of goodies, he said some of the most powerful things in relation to our show and its impact. So help me god, when I make it to a PD position for a satellite station, Cozy is in my administration and will be a regular DJ. Keep in mind during all this, Keith is snapping photos. Please thank him. Then not to mention, Davin Flateau paid tribute to our show as well saying powerful things about the importance of Aural Moon and shows like the gagliarchives. It was touching. I have to say in a strange way, this was my favorite simulcast in my life’s history of the show. Just as we were wrapping up and starting to pack, the unthinkable happened. Karl Eisenhart, who really had no sleep in the weekend, accidentally shut down the main power source. The next thing I hear is Davin yell “NOOOOOOOOOO” I turned around and broke into a sweat. He held his head in his hands. But thank god for temporary folders. We found it, and saved it. All 5 or 6 hours of that night’s madness. I was spent. But I honestly felt like I accomplished something. It was a great feeling. I handed the hotel key to my new roommate Lynn, and the rest my friends, was history. I walked around for a bit trying to come down from the insanity and finally laid down by 4:30 AM. Unfortunately, Lynn is a snorer. Ave Verum Trembling Lovers
I woke up in a fog. My back hurt, my legs hurt, and my brain hurt. I was exhausted. Indukti was due on in 5 minutes. I flashed into the shower and flashed my ass right out the dow’. I made it to backstage and Greg Jones goodness and I was in heaven. I chugged it and headed to the theater to watch Indukti ravage our souls with a dose of blistering metallic lightening featuring
highlights from their album S.U.S.A.R. from 2 years back. I with hundreds of others gave them a STANDING ovation. They were incredible. They rivaled Greg’s coffee. I moseyed through the Nearfest audience, meeting with close friends and listeners…stopped and chatted with Floyd, the Aural Moon gang, Cyndee and Jeff of Scattered Planets, Gary Green, Chad, Kevin Feeley, Cozy, Sean, and so many others. I meant some cool promoters including Stefanie Freedman of xpanse who shared the same love of music but only out on the west coast. She’s a world traveler and knows her stuff. I had to cut the conversation short to get in to see La Maschera Di Cera. The set was incredible. Especially Orpheus. I personally went back stage to thank them for a great set. We talked about Italy, about where my family was from, what it is now etc. It was good times. It was then on to the band I waited to see all weekend(Next to Secret Oyster) in Pure Reason Revolution. I was stoked. Jim Robinson and I sat next to one another not to miss this beginning. IT WAS AWESOME. Besides the chick in the half skirt that screamed in our ear every 4.5 minutes with words like “YEAH”, and “SHOW THEM”…I was like…wtf? Maybe she is related to that guy that was at the Strawbs show I went to last year. Anyway, the set was great. The vocal mix was a bit low unfortunately and I had a hard time hearing Jon sing and the red hot Chloe Alper. I met up with them backstage as well to thank them for not only being great, but giving a shot in the arm to the world of prog rock in 2006 with their #1 album of the year as voted by our listeners in The Dark Third. Chloe was absolutely stunning in person. I brought up how I remembered her teen music start in ‘Period Pains’. She blushed. I felt bad. I was like, oh wait, you are like way beyond that now. I just thought it was cool that you were kinda “Anti-Spice Girls”. We laughed for a minute, but then my stomach called me. It was time to eat. Cozy and I chatted on the phone and decided that Lehigh Pizza was the place to go. It was off to the Pizzeria, but first it was time to stop back at the MAC machine to tap for money and smokes. This is where my nightmare begins. I tapped my card to find out that there were insufficient funds. I broke out into a sweat. We came to the realization that we were never floated out on the NF card like I was told I would be, and was decked for 347$ with no $ in sight to get me home. I never imagined that. So in my panic, Rob put a band aid on it but then it led to me not being able to leave for the room I evidently already paid for so Kevin talked me into DJ’ing that night. No internet show or anything, just flip CD’s. So I obliged because it’s hard for me to say no to someone who reciprocates and appreciates the work I do promotionally speaking. So I was in. Cozy fed me, and it was time to get drunk. I rarely have ever gotten tanked at Nearfest, but tonight was the night.
Can You Lower It Please? Part II
So I setup at the bar again with my music but was thrilled I didn’t have to talk. The expletives
would have flowed steadily. So I started serving up some music and sat down with Jonathan Cooke, the road manager for Pure Reason Revolution. We shot the breeze for a long while, while I turned him on to the beverage known as Yuengling, established 1829. After rapping with the band again over shots, it was then I saw the always jovial Leonardo Pavkovic of the Moonjune Records label. We started drinking some more with the music of the Pat Metheny Group’s The Way Up on. It was just then that a bald gentleman walked over to the table. He looked pretty pissed off, which I was wondering what could you be mad at with this playing in the background. He says to me, “Yeah, you need to lower this.” At first I thought he worked there. I said, “Do you work for the hotel?” “No, but you need to turn this down.” I said, “Well I’m sorry, but if you have a problem with the volume, you may need to talk to Kevin Feeley. This is his equipment and I was instructed not to touch ANY of the levels on this board. It’s not my equipment.” Disgustedly he responds, “Do you know who I am?” I just looked at this guy with the thought in my head, are you serious? The attitude was shocking. “I’m sorry, who are you?” “You don’t know who I am? Well I’m Robert Rich, and you need to turn this down.” Quite frankly, it could have been Pat Metheny and I wouldn’t have turned it down. “Ok, well I’m Tom Gagliardi, and I am still not turning it down. Talk to Kevin. Thanks.” That just added insult to injury. And you are again…? I don’t even know who you are. Klaus Schulze shows me more respect and he’s Klaus Schulze.
FACT: The smallest medium – Internet radio – pays the most royalties; and under the new CRB royalty scheme the smallest webcasters will pay the highest relative royalties in amounts shockingly disproportionate to their revenue. Broadcast radio, an industry with $20 billion in annual revenue, is exempt and pays no performance royalties to record companies or recording artists. Satellite radio, which has approximately $2 billion in annual revenue pays between 3 and 7% of revenue in sound recording performance royalties.
The six largest Internet-only radio services anticipate combined revenue of only $37.5 million in 2006, but will pay a whopping 47% (or $17.6 million) in sound recording performance royalties under the new CRB ruling. In 2008 combined revenues will total only $73.6 million, but royalties will be 58% or $42.4 million.
Small Internet radio services are essentially bankrupted by the CRB ruling, with most anticipating royalty obligations equaling or exceeding total revenue.
MYTH: Internet Radio isn’t really that big anyway. Most people still listen to traditional FM radio.
FACT: At some point every day more than 7 million Americans are listening to Internet radio. Studies by Arbitron and Bridge Ratings conclude that between 50 and 70 million Americans listen to Internet radio every month, and about 20 percent of 18-34 year olds listen to Internet radio every week.
MYTH: If Internet Radio is so big the higher royalty rates should be affordable.
FACT: Internet radio is a relatively new industry with advertising models still developing. Some services rely on banner ads; others are selling traditional audio ads; and still others rely on sponsorships. The vast majority of Webcasters will not be able to generate enough advertising revenue to pay their new, higher royalty fees.
MYTH: The webcasters’ previous royalty rate was too low and needed to be increased to ensure that artists and record companies are paid fairly.
FACT: Bankrupting the Internet radio industry will not benefit artists or record companies, as total industry royalties will diminish. Moreover, the demise of Internet radio will be particularly harmful to independent artists and record labels whose music is rarely played on broadcast radio. The American Association of Independent Music reports that less than 10% of terrestrial radio performances are independent music but more than 37% of non-terrestrial radio is independent music. This benefits artists, labels and music fans.
When Congress provided webcasters a guaranteed “statutory license” to perform sound recordings, Congress intended that Internet radio would flourish as a competitive medium offering diverse programming and paying a royalty. Tripling webcasters royalties undermines all these goals.
MYTH: Big webcasters can afford these royalties and they will each offer hundreds or thousands of channels, so what’s the big deal?
FACT: The CRB royalty is so high that even the biggest Internet-only radio services – including Yahoo, AOL, MTV and RealNetworks – will pay a combined 50+ percent of their revenue for only this single royalty. The only way to make a profitable, scalable business will be to attract the largest audience and advertisers while reducing overhead and innovation. The result will be “mass appeal” Internet radio programming that will look much more like today’s broadcast radio, rather than the diverse programming that exemplifies today’s Internet radio.
MYTH: The rate is only increasing from 7/100 of a penny per song streamed to 19/100 of a penny per song streamed over a 5-year period.
FACT: Nearly tripling the per-song royalty rate is only the first insult.
No Revenue-based Royalty Option. Prior to this decision all small webcasters and some large webcasters had the choice of paying royalties based on a percentage of their revenue that typically equaled 10-12%. But the CRB decision did not offer a revenue-based royalty option for any webcasters.
Retroactive Impact. The CRB decision is effective as of January 2006, so if it actually becomes effective for only one day its impact will be immediate as the past due royalties alone will be enough to bankrupt virtually all small and mid-sized webcasters.
Per Station Minimum. The CRB piled on even more, by imposing a $500 per channel minimum royalty that for many services will far exceed the annual royalties that would otherwise be due even after the CRB decision. One advantage of Internet radio is that it is not limited by spectrum capacity or bandwidth capacity, which enables several services literally to offer 10,000 or 100,000 stations and more. By penalizing this innovation and creativity the CRB further ensures that Internet radio will become less creative, less dynamic, less of an opportunity for non-mainstream artists and genres, and will look more like broadcast radio in the future.
So there you have it. That’s it in a nutshell. Don’t worry, we’ll win.
As we got ready to close out the show with some
I woke up in a fog. My back hurt, my legs hurt, and my brain hurt. I was exhausted. Indukti was due on in 5 minutes. I flashed into the shower and flashed my ass right out the dow’. I made it to backstage and Greg Jones goodness and I was in heaven. I chugged it and headed to the theater to watch Indukti ravage our souls with a dose of blistering metallic lightening featuring
Can You Lower It Please? Part II
So I setup at the bar again with my music but was thrilled I didn’t have to talk. The expletives
The Long Goodbye
The after party was great. I hung out with Jello Biafra of The Dead Kennedy’s fame and came to realize he was pretty cool and evidently, a BIG Magma fan. I stopped for photos with listeners and fans, including shots with Christian Vander, Pure Reason Revolution, Paul Sears of The Muffins, and many others. I partied with Jim Robinson, Noreen, Ray and…well, to be honest, I was pretty hammered at that point and don’t remember. I later hung out with Indukti for a while as Ewa and I showed off our UK stripes, Keith and I took another long walk, I would then go on my Butterfinger binge while the boys from Nebelnest watched. The after party was great watching the entire staff that worked their blessed asses off ALL weekend FINALLY enjoy
some spirits while watching half of them nod out. I felt fuzzy despite being trashed. And then, it was off to bed. I woke up obviously hungover, and in a complete fog. I made it to my Jeep with sunglasses on with one thing in mind. Meet Cozy and Laura for breakfast at (THANK GOD) Perkins. What I didn’t know when I got there, was that there were 2 Perkins in the area. L I was upset. Thinking they left without me, I just sat and ate and as always, (you know this Jack) felt melancholy. Eh, it’s an event I look forward to all year, and now it was over. But it’s all good. Things went well at least with the people and the broadcast. When all was said and done, I helped Keith and Noreen get out of Bethlehem, PA and begin to head southeast. The rain was miserable at times, but it all began to clear once I crossed the Tacony Palmyra Bridge. Sigh. Home again. The Blueberry patch is much needed after this nonsensical at times weekend. Time to lick my wounds and count the damage. Only 52 weeks to go till Nearfest X. Ok, I’ll stop.
The after party was great. I hung out with Jello Biafra of The Dead Kennedy’s fame and came to realize he was pretty cool and evidently, a BIG Magma fan. I stopped for photos with listeners and fans, including shots with Christian Vander, Pure Reason Revolution, Paul Sears of The Muffins, and many others. I partied with Jim Robinson, Noreen, Ray and…well, to be honest, I was pretty hammered at that point and don’t remember. I later hung out with Indukti for a while as Ewa and I showed off our UK stripes, Keith and I took another long walk, I would then go on my Butterfinger binge while the boys from Nebelnest watched. The after party was great watching the entire staff that worked their blessed asses off ALL weekend FINALLY enjoy
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