TOM BRUSKY

News & Editorial Archives - 2023

How Was It Done?
December 5, 2023

It goes without saying how much I appreciate the positive reception whenever I release new music. It's a driving motivator that encourages me to keep making music, so thank you all for your kind words. The feedback that stands out most, however, are the questions. When my music piques the interest fellow musicians wanting to know more about my process, I humbly feel as though I must be doing something right.

The main preparatory step in the recording of these covers was, of course, critical listening of the originals. I put on reference headphones and focused my ears on every single instrument, vocal part, and effect, one at a time. Take the kick drum, for example — I'd listen to it very closely to figure out what kind of kick it was, and which of my many virtual instrument libraries would be most likely to have kicks that match the closest. I'd then load those libraries and audition the kick drums until I found one I liked best.

Once I found the right kick drum sound, I'd tweak the sound with tuning, EQ, and transient shaping, or perhaps layer it with other sounds. (Most of the snares in these songs are layered from two to four sounds.) Then I'd listen to the reverb to distinguish what kind of reverb it is (hall, room, plate, etc.) and adust the parameters of the reverb (size, length, diffusion, color, imaging, etc.) until I was able to approximate the general sound.

The process was the same for the rest of the instruments. I'd critically listen to the basses, guitars, synths, and everything else, audition my virtual instrument libraries, and figure out how to best replicate the instruments in the original recordings. The bass on "I Wanna Dance with Somebody" for example, is a sound I created by layering a bass guitar with a sample library and a soft synth.

Software-based synthesizers were crucial to this project because getting the right sound required synth programming. I'd start with a preset that got me in the general ballpark, and then edit LFOs, envelopes, filters, and effects until I got the kind of sound I wanted.

I didn't obsess over matching sounds or mixes exactly because a cover song doesn't have to be a sonic clone of the original. If you recreate a sonic clone of a song that's been out for 35-40 years, the new version won't have anything refreshing to offer the listeners' ears.

What I personally feel is most refreshing about these songs is hearing them sung by people who could feel and deliver the vibe and energy of the original vocalists. Dan Tutsch really dug in to find that Bill Medley gusto. Abby Kramer, as we all know, turns every song she touches into gold. Sydney Burris recaptured the sweetness of the original Jets vocal beyond expectation. Aaron J Robinson beautifully internalized my updated arrangement of the Chicago ballad. And I'm positive Whitney Houston would be very proud of Josie Day for having put her heart and soul into her song.





Spotify Fixing to "Reverse-Robin-Hood" Independent Artists
December 4, 2023

As the story goes, Robin Hood robbed from the rich and gave to the poor. His ethics were arguably controversial, but now imagine what his literary reputation would be like if he'd have robbed from the poor to give to the rich.

Spotify recently announced that, starting in January of 2024, any song that receives less than 1,000 streams per year will have its earned royalties stripped away from the artist and placed in a pool to be redistributed to Spotify's more popular artists.

This is major news because the majority of artists on Spotify's platform are not household names. They're independent, local bands and musicians like me. According to reports, two-thirds of Spotify's entire music catalog receives less than 1,000 plays a year. This new strategy will redirect tens of millions of dollars in annual royalties from those lesser-known artists to their more popular artists, which includes mainstream artists like Rihanna, Drake and Taylor Swift.

Needless to say, the major record labels and publishers who represent those mainstream artists gave their thumbs up.

I have over 50 tracks on Spotify. I receive over a thousand streams per year, but cumulatively, not per song. Therefore 100% of my Spotify revenue from all 50+ songs will be taken away from me.

One can argue it's only a loss of a few dollars a year and therefore no big deal, but to me it's not about the money — it's about the principle. I have nothing against Taylor Swift, but she's not the one putting hundreds of hours of hard work and thousands of dollars into my productions. I am. For Spotify to freely give her my modest but justly-earned compensation because she's more popular than me is wrong on so many levels.

After the 1st of the year, I'm going to wait for a short time to see if Spotify comes under enough pressure to reverse or modify their decision. If they don't, then I will have to remove all of my music from the platform. This won't be fun because Spotify, with over 500 million active users and 225 million subscribers, is the world's largest streaming music platform. I'll lose a major medium of exposure. But every artist who stays on Spotify faces this moral dilemma:

If you don't get 1,000 streams per song, you'll be selling yourself out by letting Spotify and their preferentially-treated artists take 100% of the profits from your hard work. If you do get 1,000 or more streams per song, you'll become one of those preferentially-treated artists receiving royalties that were earned by, and stripped away from, your fellow hard-working, independent artists.








New EP Is Out Two Weeks Ahead of Release!
December 1, 2023









How the Music Modernization Act Set Song Licensing Back Over 100 Years
November 30, 2023


To make song royalty disbursements and licensing more streamlined and efficient for the modern age, the Music Modernization Act (MMA) was signed into law in 2018. The Act established the Mechanical Licensing Collective (MLC) whose purpose is to issue blanket licenses to digital music providers, such as Spotify and YouTube, allowing them to stream music. These providers report song plays to the MLC, and the MLC then distributes royalties to the appropriate artist or copyright holder.

Prior to the MLC's blanket licensing which started January 1, 2021, if you recorded a cover song and wanted to post it on your website for people to play, you would purchase a digital streaming license from one of the major song licensers. It was an easy process — you simply paid for as many plays as you expected to receive, and if you received more, you relicensed the song.

The MMA and MLC, however, have created a frustrating paradox:

A blanket license from the MLC is now the only practical means of securing permission to stream cover songs, and only major digital music providers like Spotify and YouTube can get a blanket license. The channels for independent musicians to license cover songs for streaming have been closed. If an independent musician wants to stream songs from their website, they're now left with two options:

1. Submit their song to a digital distributor who will distribute it to digital music providers licensed by the MLC, and then embed a player from one of those providers on their website.

2. Personally contact the publisher of the song and request permission or negotiate a fee.

Yes, you read that 2nd option correctly — if an artist wants to license a cover song for streaming on their website or any other smaller platform not covered by an MLC blanket license, they literally have to contact the publisher who holds the copyright to the song and request permission or negotiate a licensing fee. This is exactly how cover songs were authorized for distribution prior to the advent of mechanical licenses in 1909!

A rep from one major licensing company advised me that when it comes to contacting publishers for streaming permission, not to expect results. Publishers apparently now count on all their streaming royalties to come through the MLC and don't bother dealing with or responding to individual requests for streaming licenses — not even from major licensing companies.

The Harry Fox Agency still offers and issues digital streaming licenses through their licensing service Songfile, but apparently only for songs copyrighted by their affiliated publishers. [And their database seems to be plagued with mismatched song information which could inadvertently steer artists toward licensing the wrong songs.]

In fairness to the MMA, most artists today embed players from major platforms like Spotify and Apple Music, so it's not an issue for them. I could go that route since most of my music is on those platforms, and I'd even earn a few cents in royalties, but I personally don't care for their embedded players as they typically employ modal overlays, ads, or other annoyances. It's always been my preference to present my music in uninterrupted form for the maximum benefit of the listener. For that reason, licensing streams was always my preferred strategy for cover songs. I hope someday digital streaming licensing will come back to us independent musicians, but I think it's safe to assume that ship has sailed.




Why Some Musicians Have to Be Told to Smile
October 6, 2023

Ever wonder why the accordion player sometimes seems to stare into space or look so solemn? It could be that they're bored, but the more likely reason is that they're concentrating.

Every musician possesses a finite amount of musical brainpower. How much they possess is determined by how talented they are, and how much of it they allocate to performing varies on several factors.

Below is a graphic showing how an experienced, accordion-playing bandleader may allocate their brainpower during a typical performance. They don't use all their brainpower for performing because they don't need to. Through years of practice and performing, a lot of what they do has become second nature. They don't have to think about every note they're playing or singing because muscle memory is doing a lot of the heavy lifting. So while they are performing, a percentage of their mind is free for other tasks... like smiling:


But stressors can affect with bandleader's concentration, forcing him to allocate more of it to performing. Stressors can include being unable to hear well due to poor acoustics or inept sound technicians, having to play ahead or behind the drummer to prevent him from dragging or rushing the tempo, performing new material, and adapting their repertoire and arrangements to gel with new musicians. These kinds of stressors leave the bandleader significantly less brainpower for other tasks:

Like a typical polka bandleader, I have good days and bad days. On a good day, the drummer will lock onto my tempo, allowing me to relax and enjoy playing instead of continually having to hold him back or push him forward. On a good day, I'll hear myself clearly instead of having to allocate brainpower to deciphering what notes I'm playing or singing. Good days are fun, and they're what make being a polka bandleader worth all the hard work.

But sometimes gigs can be stressful, and when they are, it leads to mental exhaustion. Notice how crowded that second graphic is. After a four-hour gig under such conditions, I am completely spent. When I get home, I can't do anything that requires thinking because my brain is toast. I need a good night's sleep to recharge.

Some bandleaders have committed smiling to muscle memory so that they automatically do it without thinking. This is a good skill to have because smiling and concentrating don't go hand-in-hand.

So the next time you see a bandleader looking so serious and solemn, it's OK to say, "Hey! Smile!" Bandleaders actually enjoy the lighthearted banter. But to put yourself in their shoes, try maintaining an authentic smile while you're running multiplication tables in your head as you're weaving your way through heavy traffic on the freeway while trying to follow a football game on the radio. It's not as easy as it sounds.






A Sneak Peek Into That One Person's Odd Social Media Behavior
August 31, 2023

Have you noticed that people who continually post messages of love, empathy, and tolerance on social media are often the most judgmental, intolerant, and bitter people in real life? Ever wonder why that is?

Last year when I wrote an article explaining why I don't use social media, I touched on a connection between social media and mental health. It generated some feedback, and since the topic of social media and narcissistic personality disorder came up in recent conversation in a discussion forum to which I belong, I decided to use my blog to shed more light on why we notice some social media users failing to live by the mantras they preach.

Below is a graphic showing how emotionally healthy people see the world around them. They generally see people as reflections of themselves — mostly good-natured and harmless. Friendships and relationships come naturally.



People with narrcissistic personality disorder (NPD), however, have a very different view of the world around them:



People with NPD have a very fragile ego, and their Kryptonite is criticism. Narcissists cannot handle the feeling of being judged or deemed wrong. It doesn't take much for a narcissist's mind to perceive a benign, harmless comment as a hostile, personal attack. To shield themselves from this perceived hostility, narcissists are very slow to trust anyone. In extreme cases they may even choose to live in relative isolation.

Since a narcissist lives in constant fear of being judged, their threshold of tolerance for other people's behavior toward them is unrealistically low, as shown by the extremely thin friend zone in the graphic above. Very few people in a narcissist's life will ever make it into their friend zone, and if they do, it's usually just for a short period of time. As long as the person is in agreement with how the narcissist thinks, the narcissist will keep that person in their friend zone. But when the person says anything that challenges or critiques the narcissist's way of thinking, which is guaranteed to happen at some point, the narcissist will perceive it as an attack, snap, and cast that person into their foe zone. This is why narcissists' friendships and relationships are often short-lived and come to sudden, dramatic ends.

The irony about NPD is that narcissists believe they possess a superior sense of tolerance and empathy which makes them a perfect, lovable friend — it's everyone else who's narcissistic, judgmental, apathetic, shallow, and untrustworthy. The narcissist believes the size of their friend zone is normal and their perception of what's required to be their friend is also normal. They're unhappy because it seems like everyone in the world is apparently too shallow, intolerant, and judgmental to be their friend.

But the disorder is the cause of the narcissist's unhappiness because it warps their perception of people. There's nothing wrong with 99% of the people in the narcissist's foe zone – they're adequately kind and compassionate. The narcissist's fear of criticism, however, causes them to vet everyone around them with prejudice and be quick to cast them off as foes for impractical, inconsequential reasons. This is what gives the narcissist their judgemental, apathetic, intolerant nature, which they project onto everyone around them.

The key to a narcissist finding happiness and contentment is rebuilding their self-esteem to where criticism no longer affects them. Then they'll be able to see and accept people as most of them truly are: well-intentioned and harmless. A narcissist is never truly reformed until their victim mindset of "I've been hurt by so many people" changes to "I now understand why I let myself feel hurt by so many people." Their friend zone will widen to a normal state, and the reformed narcissist will then be able to function normally and happily in the world.

So where does social media come into play?

In the real world, narcissists can't hide their intolerant, judgmental nature. Everyone in their life eventually sees who they're dealing with. This leads to discord which the narcissist internalizes as criticism. All this discord/criticism makes the real world seem like a hostile place to a narcissist.

Social media, however, gives the narcissist a place to go where they can do something they can't do in real life: control what everyone sees and says. They can create a facade to mask their vulnerability, and they can delete anyone or anything that poses a threat to their ego.



An emotionally-healthy person (above) does not feel threatened by people, so they are accepting of them. Their social media world mirrors their real world.

A narcissist (below) sees people as potential threats. Narcissists, due to their belief they possess superior tolerance and empathy, believe their friend zone is the behavioral standard by which everyone ought to conform. Those who do not conform are considered inferior and are summarily blocked/banned.



As we've all noticed, narcissists are known for filling up their social media pages with positive affirmations, wishes of love and self-empowerment, tips for living well, and inspirational quotes. They do this to "generate supply," which is a clinical term that roughly translates to "fish for validation." Every compliment they receive acts like a Band-Aid which gives them temporary relief from their low self-esteem. But these Band-Aids don't actually fix their self-esteem, which is why narcissists who use social media as a crutch in lieu of seeking professional help never change.

Needless to say, people who post daily messages of love, inspiration, and wisdom are not all narcissists. [I hardly think the Dalai Lama is a narcissist.] But everyone knows at least one person who incessantly posts about the importance of being strong, tolerant, and understanding, yet, when someone challenges one little thing they say or do, they fly off the handle with a volatile, emotional tirade, completely contradicting all the uplifting messages they've been posting. They may even shut down and disappear from social media for a few days to piece their emotions back together.

And then they go right back to posting how important it is for people to be strong, tolerant, and understanding.

While it may seem fun to push a narcissist's buttons and watch them flip their lid, I recommend you don't do that. NPD is a legitimate mental health condition. People with NPD are more prone to substance abuse, and one of the effects of NPD can be debilitating depression. Substance abuse and depression can be a life-threatening concoction. You can't gauge the seriousness of one's depression by what they post on the internet.

One last word of advice: If you find yourself debating a narcissist in an internet discussion forum, stop. There's no point. Just like a bad driver never misses their exit, a narcissist never loses an argument.







For Polka Bandleaders, Oktoberfest is Not All Fun and Games
August 30, 2023

Oktoberfest is what I consider to be a polka musician's "Black Friday" because there's always more than enough work to go around. On Saturdays during the peak Oktoberfest season from early September to early October, the number of venues and events wanting live polka music always exceeds the supply of bands.

For polka musicians, this is a wonderful situation, but for bandleaders, booking these events and hiring thier musicians can feel like manning the operator's desk at Grand Central Station.

When it comes to booking bands for Oktoberfest, the early bird gets the worm. Events that book a year in advance will get their choice of bands, and the leaders of those bands will get their choice of musicians. But most Oktoberfest inquires come in much later, usually in August, and that's when things get hairy.

When an inquiry for an event comes in, a bandleader will call around to his preferred musicians to find out who is available to play. This is when the bandleader starts putting together a list of who is available and who isn't. But around Oktoberfest, it rarely ends there. A typical scenario goes like this:

While the bandleader is checking musician availability for this event, a second event inquires about live music for the same day. By default the bandleader will give priority to the first inquiry that comes in, so he gives both events a quote and first event a 24-hour window to accept or reject it. But, before the first event can even respond, one of the musicians informs the bandleader that another band called to inquire about booking him for another event, so he wouldn't know his availablity until later that day or tomorrow. While the bandleader is busy reassessing musician availability for the first event, a third event inquiry rolls in and the process repeats.

Scenarios like this are common during Oktoberfest, especially for the busiest Saturdays when a band may receive up to ten inquiries for the same date. It exemplifies how cut-throat the Oktoberfest season is. The availability of bands and musicians can change literally from one hour to the next. When you play music for a living, you have to stay on top of Oktoberfest inquiries and musician availability, and that requires fast and furious communication by phone, text, and email. But nothing is guaranteed because when it comes right down to it, band and musician availability is determined mostly by one thing: the timing of the inquiry. After that, it's just pure luck.

When I am able to take a late booking for Oktoberfest, I prompt the venue to sign the contract quickly. I'm sure it comes off like a cheesy sales pitch, but it's not. There's a reason. Polka musicians are free agents. They are free to take the first confirmed gig that comes their way. With the demand for polka musicians being so high during Oktoberfest, the sooner a bandleader can confirm a gig with a contract, the sooner he can lock in his band's preferred musicians for that gig. A delay in signing the contract can result in the bandleader having to downsize his band because one of his musicians was poached by another band for another event.

When venues book late, sometimes luck can be on their side:

A couple weeks ago, my band received an inquiry for a Saturday Oktoberfest event. Less than an hour later, a second inquiry came in for the same Saturday. I provided price quotes to both venues, but informed them that the first venue had a 24-hour window to commit to booking us before we'd become fair game for the second venue. The first venue did not commit, which gave the second venue a shot at booking us. But they, too, did not commit. Both venues expressed a lot of interest, but even after several days went by, neither had pulled the trigger. Although neither venue was obligated to hire us, both were taking a big risk because a third venue could have came along at any time and sniped us for that date. It's a miracle that didn't happen. [The second venue finally did commit to hiring us.]






It's "Legacy Band" Not "Tribute Band"
August 18, 2023

Almost everywhere the Steve Meisner Legacy Band has performed, we've been inadvertently advertised as the Steve Meisner Tribute Band. While we understand this advertising has had the best of intentions, there is a distinct difference between a legacy band and a tribute band that needs to be clarified.

A tribute band is a band whose only goal is to sound like, look like, and play nothing but the music of another band. Tribute bands exist all over the world, mimicking everyone from Abba to Zepplin. The musicians in tribute bands usually have no association or affiliation with the band they're mimicking.

The Steve Meisner Legacy Band is not a tribute band because we are made up of the band's actual members, and although we perform a good number of songs that Steve was known for playing, each guest accordionist brings their own style and repertoire to each performance. The Steve Meisner Legacy Band doesn't try to mimic Steve Meisner, nor would we ever use his name to secure new gigs. We're merely honoring him by fulfilling his contracts, and, at the request of a handful of venues that were special to Steve and his band, we may maintain a few of his annual, longstanding performances.





New Spy App From the Parent Company of Facebook
July 8, 2023

Meta's new app Threads, which is designed to compete with Twitter, garnered 70 million subscribers within the first 48 hours of its launch. Out of curiosity, I'd be interested to know how many of those first 70 million bothered to read the app's privacy policy, which — for the purposes of advertising, analytics, app personalization, app functionality, and other undisclosed purposes — allows for the collection of the following data from each user:

Name, email address, phone number, other contact info, user ID, device ID, purchase history, credit and financial info including other financial info, precise location, physical address, list of contacts, emails or text messages, audio data, photos/videos, gameplay content, other user content, search and browsing history, product interaction, advertising data, other usage data, diagnostics, health and fitness, sensitive info, and other data types.

As if the sheer amount of data being collected isn't enough, has the word "other" ever looked so ominous?

People haphazardly sign up with social media under the false assumption that such a large, well-known company with hundreds of millions of users would never exploit their privacy on such a grand scale, but that's exactly why social media exists. It started in the 1990s as a way to connect people, but when it was discovered how much information was generated by people using social media and how much that information was worth to advertisers amd government agencies, social media was transformed into a gigantic data mining industry.

Whether you use Facebook, Instagram, Google, Threads, or whatever, you are feeding an enormous machine vast quantities of data about you. Social media services make it sound like they are keeping your data safe by not selling data that is personally identifiable, but big tech internet companies like data brokers are all taking advantage of an unregulated loophole that allows them to merge non-identifiable information they acquire with personal information they already have. This allows all of them to amass enormous, detailed profiles of people's private lives... all legally.

If you've signed up for Threads, enjoy your time on it, but just like all other social media platforms, you won't find me there.



 
 

New Single to Honor Steve Meisner is Released
June 28, 2023


I'm usually elated whenever I announce the release of a new single. Under the circumstances, however, this song's release is bittersweet as it honors the life and legacy of our departed friend, Steve Meisner.

"Go Rest High on That Mountain" is a beautiful, uplifting memorial song written and composed by Vince Gill. I never had any intentions of recording a cover of it, but when Steve passed away, I knew it would make a fitting tribute.

Steve was a fan of a song I wrote a couple years ago called "My Daddy Lives On". He complimented me on its simple, evocative, Nashville-style arrangement, so when it came time to produce a tribute song for him, I knew that was the route I wanted to go.

I began arranging and recording this song on June 4, and finished production in the studio on June 26.

The stunningly poignant vocal is performed by Abby Broeniman. Abby, granddaughter of the late Dorf Kapelle bandleader Ernie Broeniman, is the vocalist who shared a duet with Steve on my 2022 album, Escape to Polka Paradise. Steve was a fan of Abby's singing and would no doubt appreciate the incredible job she did on this project.

People have asked me how to get in touch with Abby to thank her and compliment her on her vocals, so she's given me her permission to publicly share her email address: abbykramer61@gmail.com

Joining Abby and me on this song are two of my fellow bandmates from Steve's band: Jerry Bieniek and Don Hunjadi, friend and fellow recording artist Mollie B, and Nashville-based session vocalist Craig Palmer. My thanks to all of them and to Ted Lange for their contributions to this project.

I've covered the cost of the song's licensing, so it is free for you to play and/or download. I also put together a video slideshow to accompany and deliver the song. I hope the music and pictures bring you peace and comfort as you keep the Meisner family in your thoughts and prayers.

UPDATE JULY 2, 2023: As most of you know, I eschew social media. As a result, I am not privy to the reactions and feedback received by this song on Steve Meisner's Facebook page, but friends and fellow musicians have informed me that it's received over 10,000 plays, over 500 likes, and nearly 200 comments. I am humbled and overwhelmed by all your kind words. On behalf of Abby, Craig, Don, Jerry, Mollie, and Ted... thank you so much!


 


 
 

If a Music Retailer Offers to Sell You an Album Copied to a USB Flash Drive
June 27, 2023
 


A concerned consumer of polka music recently forwarded me information from the latest issue of a polka music retailer's newsletter. Something seemed fishy to them, and they wanted to run it by me for my opinion.

In the newsletter, the retailer was advertising CDs for sale as usual, but also specified that if you don't want a CD, they could copy the music from any CD to a USB drive and then ship you the drive. Since CD players are obsolete, this can be a very valuable service for some consumers, especially those who drive newer cars.

What raised a red flag and triggered alarm bells, however, was the included comment that if you order an album on a USB drive, to specify whether or not you want them to ship out the CD as well.

If you ever see an offer like this, ALWAYS SAY YES. It's very important you insist the retailer ship the CD with the USB drive, even if you have no way of playing CDs. Here's why:

A band can track sales of their albums, but they can't track sales of third-party copies of their albums. If a band sells a retailer 25 CDs, the retailer can only sell 25 CDs before they need to order more. But if the retailer copies the band's album from CD to USB drive and sells the drives, the band can't track those sales. The retailer might only buy 25 CDs, but they could potentially sell hundreds of copies of the albums on USB without the band ever knowing.

By insisting the CD be included with the USB drive, you are protecting the band's copyright by ensuring the retailer can't sell more albums than what they buy from the band.

When I contacted the retailer, they assured me that if a customer buys an album on USB and tells them to keep the CD, they will voluntarily take one CD out of their inventory and return it to the band. I do not personally know this retailer so I am not going to make any assumptions, but even if they have the best of intentions, their album-on-USB strategy, from a business perspective, has not been implemented in the most practical way and still triggers red flags that ought to be addressed and fixed.





 

The True Measure of Meisner
June 5, 2023
 

Over the spring, I'd been trying to decide on a good date to make my latest album, Escape to Polka Paradise, available to the public via digital streaming platforms. The date I chose, quite arbitrarily, was June 1. On that date, the album dropped on Apple Music, Spotify, and most other major streaming platforms.

It's a news story that never made it onto my website. Needless to say, far more important news was breaking that day — the untimely loss of our friend, Steve Meisner.

For several days, my brain was in a fog that hampered everything I did, but as the fog slowly started to lift, I thought about how the album — which features Steve singing two songs — went live on the same day he passed away. Was there any meaning to this coincidence?

As I pondered these thoughts, I found that meaning in a memory that came back to me. It was a memory of the recording session that took place last year in May, when Steve was at my studio recording his vocals for the album. At the time, it was insignificant. In retrospect, however, it defines who Steve was at his core, and needs to be shared.

Professional studio albums incur a lot of expenses, one of which is paying the musicians and vocalists. Escape to Polka Paradise cost over $5,000 to produce, but, with the exception of a small stack of CDs, not a penny of that went to Steve Meisner. After he finished recording his vocal tracks for the album, I tried to pay him for his services, but he flatly refused to take any money from me.

"Tom," he said, "I don't want your money. As long you're happy with the vocal tracks, then I'm happy."

I thanked him profusely while still trying to jam a couple $100 bills into his pocket, but he kept pushing my hand away.

"Steve, at the very least, can I reimburse you for gas driving up here from Whitewater?"

"No, thanks," he sternly but sincerely replied as I reluctantly capitulated.

As we were exiting the studio and getting ready to walk up the stairs, he spied a roll of bubble wrap on the floor.

"I'll tell ya what, Tom, I'll take that roll of bubble wrap right there. How about that?"

He then explained how one of his grandkids [I can't remember which one] loved bubblewrap and would have an absolute ball with it. Without hesitating I picked up the roll and plunked it in his arms. We both smiled and shared a laugh.

In retrospect, that small gesture says so much about Steve Meisner. There he was — one of the most revered titans in the history of the genre — walking out my door with nothing but a $30 roll of bubblewrap, and happy as a clam.

Steve Meisner was a great musician, but his profession, quite simply, was making people happy. His talent only defined him as a musician. What defined him as a man was how masterfully he used that talent as a vehicle to spread the love in his heart to others.






Booking Events at Senior Living and Elder Care Facilities
May 31, 2023
 

Like most bandleaders, I lower my band's rates for senior living residences, veterans homes, and facilities for rehabilitation, memory care, and assisted living.

A few years ago, my drummer and I were asked to play for an Oktoberfest party for the residents at an elder healthcare facility in Milwaukee. While we played, however, I noticed that only a handful of residents were ever around. All of the people milling about were younger and dressed casual.

It turned out that we were not primarily playing for the residents — we were playing for corporate executives and staff. It was their party, although residents were invited. In essence, we were playing for a corporate event, but were inadvertently bamboozled into charging our discounted rate.

What triggered my memory of this situation is that we were recently hired by a senior living facility to play for one of their bi-monthly socials "for the residents." As I would normally do, I offered a discounted rate. A couple weeks before the event, I discovered the facility was advertising this event to the public. It turns out this was not just another social for the residents — it was also a promotional event for the facility.

I don't blame the facility for bamboozling us because they did not know I was offering them a discounted rate, but by inadvertently misrepresenting the nature of the event to me, they managed to book my band for a price less than what I would have charged any other venue for a public event.

The purpose of this article is to educate both elder living/healthcare facilities and bandleaders about the importance of communicating the true nature of an event.

Bands typically have three different rate tiers depending on the type of event: discounted/charitable, public, and private/corporate. If a band is playing for the residents and their families, they'll charge a discounted rate. If they are playing for the general public, they'll charge a public rate. If they are playing for the facility itself (such as for a corporate staff holiday party) they'll charge a private rate.

If you are a senior living or elder care facility hiring a band for a function, be specific about whom the event is for.

If you are a band hired to play "for the residents" of a senior living or elder healthcare facility, make absolutely certain you are playing for the residents before you offer your discounted rate. I will be adding a clause to my contract mentioning the discounted rate, the reasoning behind the discount, and asserting my right to void the discount if the nature of the event was miscommunicated or misrepresented during the hiring process.



 

Have You Gotten a Video Deleted by YouTube or Facebook?
May 15, 2023
 
A follow-up to my March article on copyrights


The Digital Millennium Copyright Act of 1998 gave copyright holders a standardized means of filing copyright infringement claims on the internet. When a claim is processed and the infringing material is removed, it's known as a "DMCA takedown." Over the years I've filed about a half-dozen takedown requests for both my music and photos, all of which were successful.

DMCA takedowns are still the industry standard strategy for removing infringing material, except the strategy bears the disadvantage of requiring human intervention, which I'll explain.

When social media took off in the 2000s, something became evidently clear: the average social media user is not a copyright lawyer; they don't understand the mechanics of unauthorized distribution. It didn't take long for social media sites and burgeoning video sites like Facebook and YouTube to become flooded with copyrighted material. Whether it was footage from a live concert or an upload of a family singing Happy Birthday to their dog, videos containing copyrighted music were being uploaded at a rate that far outpaced the rate at which DMCA takedown requests could be filed and processed by humans. Something needed to be done to speed up the process, and that's where systems like Content ID come in.

Content ID is a fully automated system used by YouTube that detects copyright infringement and takes action. Here's an oversimplified explanation of how it works:

When independent artists or record labels digitally distribute their original music to YouTube, their music is submitted to the Content ID music database. Think of this database as as being like the Library of Congress for recorded music — it's absolutely enormous. Whenever anyone uploads a video to YouTube, all of the music in their video is matched against all of the music in the Content ID database to see if any of it matches.

If a match is detected, an automated action is taken against the person who uploaded the infringing material. Typically, either the video is deleted and the uploader receives a copyright strike on their account, or ads are inserted into the video so that the copyright holder earns a small royalty from each stream.

Other services, such as Spotify and Facebook, also have their own content identification systems in place.

Since systems like Content ID are fully automated, detecting and acting on copyright infringements has become fast and efficient, but sometimes the systems screw up and require human intervention. People have been known to receive erroneous copyright strikes, and sometimes artists will receive strikes against themselves for infringing on their own material. But for the few headaches they cause, automated systems like Content ID are an absolute necessity in today's fast-paced social media world.
 

 



New Single Released!
May 5, 2023







"New" Photo of Kittling
April 8, 2023


Last week, I gathered all my video clips of Kittling (1992-2009) and Snickers (2009-2021) and compiled them into two seamless videos. It's something I had been meaning to do for a long time because all the clips are fragmented across 30 years of various video formats — VHS, AVI, MOV, and MP4.

Above is a still photo taken from a VHS clip of Kittling when she was two years old.




 

Bad Drivers Caught On (My) Camera
April 2, 2023

The internet is full of video recordings of stupid drivers. I find those videos rather entertaining, so I thought I'd put together my own, short video of three close calls that I caught on my dash cam. Enjoy!



 



 

Europe's Murderous Volksmusik Gangs
April 1, 2023


Veronique Schweigler, Switzerland's 2019 Cheese Princess, proudly brandishes her Alpenthuggen gang affiliation

It started as a bar fight between two musicians. Today, it's Central Europe's deadliest gang rivalry.

In 2014, at a tavern in the quaint Austrian village of Schädenheijer, a disagreement over the authenticity of the region's folk music erupted between two musicians — a local button box player from the valley, and an Alphorn player from the mountain settlement of Wuenzerdorf. As the argument escalated and more tavern patrons became involved, a rift developed between the valley locals and the moutain visitors. It is not known who threw the first beer, but within seconds, the tavern became a violent and bloody battleground between the two sides. This event is known today as the Schädenheijer Brawl.

Over two dozen people were injured in the melee. One musician, clarinet player Saška Zloblak, died after being struck in the head by a ceramic beer stein.

Two days later, in the nearby mountain town of Kleßergnitt, trumpet player Florijan Mlačnik, who was not involved in the Schädenheijer Brawl, was gunned down inside his barn while milking his cow. A handwritten note assumed to have been left by the killer said Maščevanje za Saška! — Revenge for Saška!

Word of the revenge murder spread quickly throughout the Alps, echoing from mountain to mountain and sparking increased violence between the two growing factions. By the end of the year, ten more musicians, two radio deejays, and a tavern owner had been slain.

Today, folk musicians and fans throughout south-central Europe are divided into two warring factions: the Alpenthuggen and the Tirolerbluuds, commonly referred to as the A-Ts and T-Bs. The A-Ts control the mountainous high country, while the T-Bs control the riverways and valleys.

Since the Schädenheijer Brawl, more than 130 members of both gangs have been killed by their rivals. Statistically, some of the most remote, picturesque regions of Switzerland, Austria, and Slovenia are now the deadliest places to live on the continent.


Schonnäu-Konigsleiter, Austria — the murder capital of Europe

In an early attempt to escape the violence, people from the valleys fled to the mountains while people from mountains fled to the valleys. It didn't work as they all crossed paths in the foothills and ended up fighting anyway.

"What's making things extra complicated," said Slovenia's Director General of Police, Andrea Valesko, "is that the T-B's gang sign is the same as waving hello. I mean, who's the Einstein who came up with that? It's affecting our tourism industry. Imagine innocently waving to a passing goat herder while visiting Switzerland and getting your head blown off. That actually happened last year."

"Wait... maybe don't print that last part," Valesko added.

The gang rivalry has changed the way many people in south-central Europe live. Gun and ammunition sales in and around the Alps have increased 800% over the last five years. As soon as children are old enough to churn butter, they are sent to the local armory for weapons training. One out of every four haystacks conceals a machine gun nest. Residents have installed metal bars on the doors and windows of their chalets. Cows are not allowed to graze outside past their 7pm curfew.

In the wake of the increased gang rivalry, some residents have diversified to meet the needs of their fellow gang affiliates. Franc Horvat, 62, an accordion teacher from Odjušova, Slovenia, became a certified firearms instructor. He offers his students accordion lessons followed by semi-automatic weapons and hand-to-hand combat training.

"We need to raise our children on authentic folk music. Real music. Not that dang blasted crap the A-Ts play," exclaimed Horvat while flashing the Tirolerbluuds gang sign. "And we need to train these kids to kill the A-Ts so we can finally live in peace."


Anja (14) with her accordion/firearms instructor, Franc Horvat





Goodwill Now Nation's #1 Polka Music Retailer
April 1, 2023


It wasn't that long ago polka albums were flying off the shelves of retailers like Rod's Music and T.K Frank's Polka Records. It was the heyday of polka album sales when vendors competed for table space and online shops updated their websites.

Many retailers have since folded, but one has picked up where they left off: Goodwill. Ask any polka enthusiast where they buy their music, and they'll all mention Goodwill. It may sound prestigious to have a nationwide store handling the bulk of the country's polka album sales, however, it comes with a catch.

"When I heard Goodwill was such a big retailer of polka music, I stopped in with a box of my band's CDs and asked what they were paying," said Wisconsin musician Emil "Skip" Dallman of the Dallman Dutchmen. "The kid behind the counter just looked at me funny and handed me a donation slip."

$0.00. That's the current wholesale album price Goodwill is paying to polka bands.

"The distribution has been excellent, though," added Dallman. "We were able to get our albums in every Goodwill store between Cedarburg and Kenosha, and it only cost us about seventy bucks in gas."

 


 

Julie Andrews Burns to Death; Mollie B in Custody
April 1, 2023


The Brentwood, California residence of Dame Julie Andrews engulfed in flames

The world's most renown musical songstress, Julie Andrews, 87, was tragically killed yesterday after allegedly being set on fire by polka star Mollie Busta, known professionally as "Mollie B". Surveillance video obtained by police shows Busta entering Andrews' residence in Brentwood, CA on the evening of March 31. She confronted Andrews, doused her with gasoline, threw a lit match on her, and fled the residence.

Busta was identified in the video by a polka fan working in the Brentwood police department. She was spotted and arrested in Santa Monica later that evening. Busta is being held without bail at the Los Angeles Celebrity Detention Spa & Resort pending charges.

"At this time, we are trying to come up with the appropriate charges, but new information discovered during our investigation is making this rather difficult," said Los Angeles County Sheriff, Timothy Guerrero.

The new information is a text message on a mobile phone which Busta voluntarily gave to authorities. The text is part of a conversation with musician Tom Brusky of Milwaukee, Wisconsin. In the conversation, Busta and Brusky appear to be discussing the vocal style in which Busta should sing one of Brusky's music productions. Guerrero is particularly focused on what is believed to be an auto-corrected typo:


"In this particular instance," explained Guerrero, "it's highly unlikely we will pursue homicide charges. Or arson charges for that matter. It's kind of obvious Tom Brusky's instruction to Mollie was to emulate Julie Andrews, not immolate her. It's just a very sad, tragic misunderstanding caused by a phone app."

We reached out to Los Angeles District Attorney Christine Walker to ask whether or not she intends to go easy on Mollie's charges based on the auto-corrected typo. Walker replied via text:

— Yes, these kinds of thongs harpoon all the time. We'll mosh likely be charring Ms. Buster with 3rd Decree Négligée Engenderment for failure to recognize the auto-corrected typo. That's a Class E misdemeanor perishable by up to a maxivan fine of $150 and 40 hours of commune tea servants. —

Although the death of Julie Andrews exemplifies the potential danger of auto-corrected texting, the most horrific auto-corrected typo on record occured shortly before Christmas in 2015, when the children at Sunnyview Day Care in Pocatello, Idaho were taken to the local community center to have their pictures taken with Satan.
 


Aiden Laravee, 4, thought he was going to the Pocatello Community Center to see Santa.









Artificial Intelligence and Music
March 31, 2022
 
AI has infiltrated the music industry, but it is not welcome in my studio


My last article was motivated by all the buzz regarding the uncharted waters of copyrighting artificially-created material. Artificial intelligence, commonly abbreviated AI, is a very hot topic in music forums lately.

Chances are you don't know how much AI has infiltrated your life over just the past two years. More and more of the content you're seeing and hearing every day — music, art, films, photos, advertising, articles — is being artificially created.

The benefits to AI creation are speed and cost. They days of laboring over writing music and lyrics, commissioning artists and photographers, and hiring journalists to create fillers for newspapers are numbered. More and more people in these industries are embracing AI to speed up their workflow and cut labor expenses.

AI has already infested the music industry to the point that none of us can be certain if the music we're hearing behind a TV commercial was created entirely by a human, created by a human with the aid of AI software, or created entirely by AI software. AI-generated pop songs have already been playing on the radio for several years. Library music tracks – the generic, cookie-cutter instrumentals you often hear behind videos – are being churned out by AI-assisted producers.

None of this really affects me because music is both an art and an industry, and I am an artist. Just like robots replaced assembly line workers in the auto industry, over the next ten years, AI will replace many of the musicians who currently make a living producing music for clients, such TV/radio producers and video game developers. I'm not involved in that section of the industry. In the coming years, those clients will begin employing AI software to generate the music they need because AI doesn't ask for contracts, licensing fees, or royalties. It will put a lot of industry musicians out of work, but AI will never prevent artists from creating.

The one thing that bothers me about AI is that it's being used as a crutch by creatively-challenged musicians to "create" new songs. The world has always been filled with musicians, and music production was traditionally a rather expensive endeavor reserved for only those who took it seriously. Over the past twenty years, however, the drop in the cost of computer technology paved the way for all the world's fame-starved teenagers to create laptop-based music production studios in their bedrooms. With no musical training whatsoever, these bedroom producers can download and splice together pre-fabricated beats and call themselves music producers. AI is advancing this phenomena by creating not just music for them, but lyrics as well.

Music AI, just like pre-fabbed beats and loops, will never be welcome in my studio because I take pride in calling myself a songwriter. I work the old-school way — I compose music with a piano and write lyrics with a pen and paper, aided by nothing more than a thesaurus. I use the latest virtual instrument synth and sample technology as tools to produce music, but you can rest assured my original songs and arrangements are, and will always be, products of the neurons firing in my frontal cortex... the way music's been created since the beginning of time.

 
 


 

A Common Misunderstanding About Copyrights
March 30, 2022


One of my favorite pastimes is watching Live on Patrol, a YouTube channel run by the Ramsey County Sheriff's Office in St. Paul, Minnesota. They livestream themselves on patrol several times a week. I believe they are the only law enforcement department currently livestreaming, but for the past five years, a police officer from a small Midwestern city also livestreamed his patrols. One of his hallmarks was singing, albeit terribly, while patrolling. He'd crank up his iPod over his car's stereo system and croon away as if no one were listening.

Everyone got a kick out of his vocally-challenged livestreams, except he kept on running into problems with Facebook shutting his streams down for violating song copyrights. After a while, he got smart and contacted the bands whose music he wanted to play. He'd get their permission to play their music, and use that permission to successfully appeal Facebook's actions and get his deleted videos reinstated.

But there was something he did that annoyed me much more than his singing: When he ranted about Facebook pulling down his videos, he would tell his audience that it was okay for them to play copyrighted music over the internet as long as they weren't making money from it.

This is a very common misconception about copyrights. A copyright violation is not determined by whether or not money changes hands. A copyright is purely about distribution. It's literally the right to make a copy of something. When you distribute someone else's copyrighted material without their permission, even if you're not making any money from the distribution, you're still potentially harming the copyright holder.

Here's a simplified analogy to explain this harm:

Let's say you're a photographer and you've just set up a kiosk to sell copies of your photographs. Then someone else sets up a kiosk right next to yours, fills it with unauthorized photocopies of your photographs, and instead of charging for them, gives them away for free. So now you're going to lose an entire day's worth of kiosk sales because the person next to you is giving away all your photos for free.

Even though they're not making any money, should they be allowed to tank your sales like that? Of course not. And that's why copyrights exist.

Song copyrights work the same way as the photo copyrights above. When you play someone else's copyrighted song on your podcast or social media page without permission or licensing, you are assuming control over the distribution of that song. Instead of fans getting the song through authorized channels which pay the artist/publisher royalties, they can now get the song from you for free and the artist/publisher gets nothing. That doesn't seem right, does it?

Another common and often related misconception about copyrights is that any non-profitable distribution of copyrighted material, like the kind mentioned above, is protected under the Fair Use doctrine. In a nut shell, the Fair Use doctrine upholds the distribution of copyrighted material, but only under a few specific conditions. For example, if a news network does a news segment about a song, Fair Use upholds their right to broadcast a snippet of that song in their segment. If a music university professor discusses a particular song during a lecture, Fair Use upholds his right to play portions of that song for his students. If a parodist pokes fun at a song by creating a lyrically funny version of it, Fair Use may uphold his right to share that version.

Generally speaking, as long as the distributor's commentary or criticism is focused specifically on the song itself (e.g. dissection of the chord structure, discussion of the song's history) and it's very clear they are not using the song for any other purpose or agenda (e.g. background music for a personal video, promotion of themselves or other products) their distribution is more likely to be upheld by Fair Use. But Fair Use is not a guaranteed shield of protection against a lawsuit. It's merely a legal defense that may be used in the event of a lawsuit.

Questions like these come up every now and then in the internet forums to which I belong. I find these business-oriented topics to be much more fascinating than the usual, "What's the best reverb plugin?" [a question typically followed by 200 responses... all of them different.] I'm not a lawyer by any stretch of the imagination, but as a recording musician, I have to educate myself about these topics. Hopefully the knowledge I learn can help you in some way.

At some point later this year, I will revisit the copyright topic, but the focus will be on DMCA takedowns and online platforms utilizing Content ID and automated copyright strikes.




 

Albums To Be Pulled From YouTube
March 5, 2022

I used to earn a royalty for every stream of my music on YouTube. But then, around last June, something changed; I stopped getting paid for over half of my music's streams. I recently contacted my digital distributor for an explanation, but they never replied. Over the following month, I sent them two reminders to reply and opened a second support ticket, but I never heard from them.

My distributor's reluctance to address the issue has given me cause for concern. Profits seem to be getting skimmed out of my pocket which is a serious breach of ethics, so I'm going to start pulling my music off the service. As soon as I can make it happen, my 2016 album The Holidays in Music, and my 2018 album Positively Polka, will be deleted from YouTube.

UPDATE March 9:

Both albums have been succesfully removed from YouTube. I am thinking about eventually removing the rest of my music from the service as well, but that leaves me in between a rock and hard place. YouTube is the world's biggest platform for music — if you have an album or single out, people expect to find it on YouTube. By taking my music off YouTube, I'll stop YouTube from taking advantage of me, but it will also make my music less discoverable.

Later this spring, I will be digitally distributing my 2022 album, Escape to Polka Paradise. It will be distributed to all the major platforms except YouTube, iHeart Radio, and TikTok. [The reason I no longer distribute my music to iHeart Radio is explained in this article. TikTok employs a non-standard model of paying streaming royalties which also takes advantage of artists.]




 
 

New Single Released!
January 20, 2023


 Copyright 2023, Tom Brusky LLC