fountainhead: March 2003 Archives

Google Rank

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Thanks to everyone out there in web world who has helped to make this site more successful than I ever thought possible!

Google nows ranks delawaredestroyers.com the 5th most popular GT site on the web. Rock on! Of course, it still sits behind Tero's site (which hasn't been updated in four years!!) and the site at queensu.ca which has hasn't existed for five years but which was the inspiration for this site. Anybody else out there remember the "name your kid George" contest or the little GT heads used to review the albums?

And while I'm naming links, let me acknowledge the important work of Ms. Louann's Man. He maintains a database of all the Destroyer shows. Please visit and support his site, Thoroly Destroyed.

From the klpx rock pile...

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GEORGE THOROGOOD: Won

brief article from krmg.com

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George Thorogood & the Destroyers return Tuesday (March 25th) with a new album called Ride 'Til I Die. The title comes from a John Lee Hooker song that Thorogood covers on the album, with him on acoustic guitar, backed by drummer Jeff Simon and guitarist Jim Suhler.

Ride 'Til I Die is the first new set of material from the band since 1999's Half A Boy, Half A Man. Thorogood says that if it wasn't for the first song on the album, "Greedy Man," the set wouldn't have been made: "'Greedy Man' is the reason that CD sits in front of you. I heard it four years ago, and I had no record deal at the time when I heard it--and I did not wish to have a record deal at the time. I said, 'I think we have enough songs now where we can just play live and not have to worry about it.' And then I found that song, and I said, 'This song is so great, it's perfect for us, but now I gotta find 12 other ones, and then we gotta get a record deal, and they're gonna want more than one record,' and all the stuff that goes with it."

Thorogood kicks off an extensive North American tour on April 8th in Bakersfield, California.


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Tweak

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Okay, so maybe I was a little sleepy last night as I added the lyrics for the new album!

Going over my work today with fresh eyes, I was able to catch many slight errors and few biggies. As of five minutes ago, however, everything is patched up and should be a-ok. As always, please let me know on the message board if you find that a correction needs to be made...

My review of "Ride 'Til I Die" on Amazon.com

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"Ride 'Til I Die" is the greatest record of all time. Simple as that.

The heavens must have been aligned perfectly during the recording of this album, because something like this comes along once in a lifetime, if you're lucky.

All the pieces have come together for the Destroyers on this one. Industry legend Jim Gaines takes over the production helm from Terry Manning, and he has pulled a masterpiece from the guys. The production is better than anything you've ever heard, and the mix is perfect - you can every little thing, and you'll be glad you can. This is also the first record to include the newest Destroyer, Jim Suhler, and his contributions make a huge impact.

For me, "Maverick" was always the definitive Destroyer album. Until now. Take "Maverick" and mix it with "Move It On Over" and then take it to the tenth power and beyond.

For whatever reason, George and the boys have been reinvigorated, they've been shot full of adrenaline and power and melody and harmony and rhythm and boogie, boogie, boogie. Suddenly, the band members are all 21 again and ready to prove to the world that they are, without a doubt, the greatest rock band on the planet. They succeed.

Take whatever measures you need to take to secure yourself a copy of this disc, and the sooner the better. You'll be smiling and dancing and pumping your fists, you'll be doing whatever it is you do when you feel happy and alive and free. You'll also be listening to this one twenty years from now doing the same thing.

Like I said before, "Ride 'Til I Die" is the greatest record of all time. Simple as that.

New album lyrics have been posted

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Hey hey all you rock and rollers out there!

I have spent the evening doing my webmasterly and super-fan duties by transcribing and posting for you the lyrics to the brand new album the very same day it was released.

Hope you're enjoying it as much as I am (more on that tomorrow), but in case you need a little help with the words, here ya go. Have fun!

Eight Hours

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In eight hours, I will have the new CD in my paws.

I cannot describe to you what the Destroyers mean to me, and have meant to me for so long now. Fifteen years! Oh, that fateful day when my best buddy lent me his Maverick cassette and I took it home, put on my headphones, and I came alive. It was like falling in love at first sight - I knew from the first notes of "Gear Jammer" that I'd found musical nirvana, my home. Nothing else does it for me like the Destroyers do.

And following in the grand tradition, I will be at the record store the moment it opens to purchase my copy of the new CD. In '91 I had to skip school for Boogie People, and I've skipped work for every other album. Today will be no different. I owe it to the band. I owe it to myself.

"You Don't Love Me" radio airplay

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According to Friday Morning Quarterback (FMQB.com), "You Don't Love Me (You Don't Care), the first single from the forthcoming album from George Thorogood & The Destroyers, Ride Til I Die, is the 2nd most added song to mainstream rock radio this week.

Similarly, Radio & Records lists the song as the 4th most added song.

Craig Kilborn performance

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I just saw George and Jim perform "Ride Til I Die" on the the Late Late Show with Craig Kilborn, and I am so proud of the guys!

George usually seems so nervous when he knows he's being videotaped. But not tonight. Tonight he was very comfortable in his own skin, very confident and calm. It was a perfect performance...truly. GT introduced the song as being written by John Lee Hooker and taught to them by John Hammond, and then he ripped into the song. His playing was right on point, his vocals just like the recorded version. There wasn't a single flub as far as I could discern. Jim sat on a stool next to him and provided the electric fills like the pro that he is. Awesome.

What terrific exposure this was for them and the rest of the band...wow.

Congratulations guys!

Believe it or not, Tower Records has each track in its entirety available to stream...

Go to the Tower Records website and have a listen. Warning: you may find yourself listening to the tracks again and again and again and again and again and again and again and again and again!

Meet your newest Destroyer! Pt. 1

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Arno Hecht played his very first show with Delaware Destroyers last night, and I haven't even mentioned him yet! Sorry for the delinquency, but here is a brief bio:

From kewn.com

Arno Hecht and the UPTOWN HORNS established their solid reputation as one of America's foremost horn sections through fifteen years of recording, touring, and TV appearances with a virtual who's who of the pop music pantheon. If you've heard James Brown's "Living in America", Tbe B52's "Love Shack", Buster Poindexter's "Hot,Hot,Hot", or Cameo's "Word Up", you've heard the Uptown Horns. They played the Rolling Stones "Steel Wheels/ Urban Jungle" world tour in '89-'90 and recorded and played with a broad range of artists from Billy Joel to Public Enemy, Cindy Lauper to Ray Charles, B.B. King to REM.

The Real Story of The Destroyers vs. John Forward

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UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

985 F.2d 604; 1993 U.S. App. LEXIS 1360; 25 U.S.P.Q.2D (BNA) 1733; Copy. L. Rep. (CCH) P27,054


January 29, 1993, Decided

SUBSEQUENT HISTORY: [**1] As Amended April 15, 1993.

PRIOR HISTORY:
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Hon. Joseph L. Tauro, U.S. District Judge

DISPOSITION: Affirmed.

CASE SUMMARY

PROCEDURAL POSTURE: Appellant sought review of a decision of the United States District Court for the District of Massachusetts that found appellee held the copyright of tapes and enjoined appellant from making commercial use of the recordings.

OVERVIEW: Appellant sought review of a decision that ruled appellee held the copyright to a tape and enjoined appellant from making commercial use of it. The court determined that the physical transfer of the tape merely created a presumption and the ultimate question was one of intent. The court held appellee never surrendered the copyright and the transfer of the tape's ownership was not a sharply defined event distinct from the reservation of appellee's rights. The court held the works for hire doctrine failed because appellant neither employed, commissioned, compensated, nor agreed to compensate appellee. The doctrine of joint ownership also failed because appellant made no musical or artistic contribution to the tapes, and he was not engaged in artistically supervising and editing the production.

OUTCOME: The court affirmed the decision of the lower court because appellee did not surrender the copyright when it transferred ownership of the tapes to appellant, the tapes were not commissioned work, and appellant was not a joint owner.

CORE TERMS: band, tape, ownership, recording, session, Copyright Act, commissioned, common law, played, hire, musical, songs, demo, blues, album, et seq, commissioning, reservation, compensate, authorship, contractor, artistic, qualify, enjoyment, producer, arranged, recorded, editing

CORE CONCEPTS - Hide Concepts

Copyright Law : Subject Matter : Common Law Copyright
Determination of copyright ownership is governed by the common law of copyright where tapes were unpublished and were recorded prior to the January 1, 1978, effective date of the Copyright Act of 1976, 17 U.S.C.S.� 101 et seq.

Copyright Law : Ownership : Initial Ownership
The creator of a work is, at least presumptively, its author and the owner of the copyright.

Copyright Law : Ownership : Works Made for Hire
Under the "works for hire" doctrine, an employer is deemed the "author" and copyright holder of a work created by an employee acting within the scope of employment.


COUNSEL: Richard J. Shea with whom Kenneth M. Goldberg was on brief for appellant.

Gordon P. Katz with whom Kim E. Perry and Jay M. Fialkov were on brief for appellee.

JUDGES: Before Cyr and Boudin, Circuit Judges, and Hornby, * District Judge.

* of the District of Maine, sitting by designation.

OPINIONBY: BOUDIN

OPINION: [*604] BOUDIN, Circuit Judge.

This is an appeal from a final judgment determining the copyright ownership of certain unpublished tape recordings of the musical group George Thorogood and the Destroyers (the "Band"). The district court ruled that the Band held the copyright to the tapes and enjoined appellant John Forward from making commercial use of the recordings. We affirm.

The basic facts can be briefly stated. Forward is a music aficionado and record collector with a special interest in blues and country music. In 1975, Forward was working as a bus driver when he first met Thorogood at a Boston nightclub where the Band was performing. Forward was immediately taken with the Band's act and struck up a friendship with Thorogood. Thorogood and his fellow band members, [**2] a drummer and a guitar player, had been playing together at East Coast colleges and clubs since 1973.

Upon learning that the Band had yet to release its first album, Forward began a campaign to persuade his friends at Rounder Records to sign the Band to a recording contract. Rounder Records is a small, Boston-based [*605] record company specializing in blues and folk music. As part of this effort, Forward arranged and paid for two recording sessions for the Band in 1976. The purpose of the sessions was to create a "demo" tape that would capture Rounder Records' interest. At Forward's invitation, one of the principals of Rounder Records attended the Band's second recording session. Other than requesting specific songs to be recorded, Forward's contribution to the sessions was limited to arranging and paying for them.

Rounder Records was impressed by what it heard; the day after the second session, it arranged to sign the Band to a contract. The Band agreed that Forward could keep the tapes for his own enjoyment, and they have remained in his possession ever since. In 1977, the Band's first album was released under the Rounder Records label. Forward was singled out for "special thanks" in [**3] the album's acknowledgements. Since then, Thorogood and the Destroyers have released a number of records and gone on to achieve success as a blues/rock band.

The dispute between the parties arose in early 1988, when Forward told the Band that he intended to sell the 1976 tapes to a record company for commercial release. The Band objected, fearing that release of the tapes would harm its reputation; they were, the district court found, of "relatively primitive quality" compared to the Band's published work. On July 5, 1988, Forward filed suit in the district court, seeking a declaratory judgment that he held the common law copyright to the tapes. Determination of copyright ownership is governed by the common law of copyright because the tapes are unpublished and were recorded in 1976, prior to the January 1, 1978, effective date of the Copyright Act of 1976, 17 U.S.C. � 101 et seq. n1 The Band responded with a counterclaim for declaratory and injunctive relief.

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n1 See M. Nimmer & D. Nimmer, 1 Nimmer on Copyright � 2.10[A] n.18, at 2-147 (1992) ("Nimmer"). See also Roth v. Pritikin, 710 F.2d 934, 938 (2d Cir.) (1976 Act, which preempts the common law of copyright as of January 1, 1978, determines the rights but not the identity of the copyright owners of works created prior to that date), cert. denied, 464 U.S. 961, 78 L. Ed. 2d 337, 104 S. Ct. 394 (1983).

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In the district court, Forward advanced a number of theories in support of his claim to copyright ownership. After a five-day bench trial, the district court filed its findings of fact and conclusions of law, ruling that Forward did not hold the copyright under any of the theories he advanced. Forward v. Thorogood, 758 F. Supp. 782 (D. Mass. 1991). The court entered judgment for the Band, declaring Thorogood and other Band members to be the copyright owners and permanently enjoining Forward from commercially exploiting the tapes. Forward now appeals.

On this appeal, Forward's first theory in support of his claim of copyright ownership is based on his ownership and possession of the tapes. According to Forward, ownership of a copyrightable work carries with it ownership of the copyright. Alternatively, he argues that the evidence mandated a finding that the copyright was implicitly transferred to him along with the demo tapes. We find no merit in either claim.

The creator of a work is, at least presumptively, its author and the owner of the copyright, Community for Creative Non-Violence v. Reid, 490 U.S. 730, 737, 104 L. Ed. 2d 811, 109 S. Ct. 2166 (1989). [**5] The performer of a musical work is the author, as it were, of the performance. 1 Nimmer � 2.10[A](2)(a), at 2-149. The courts, in applying the common law of copyright, did in a number of cases infer from an unconditional sale of a manuscript or painting an intent to transfer the copyright. 3 Nimmer � 10.09[B], at 10-76.1. This doctrine, often criticized and subject to various judicial and statutory exclusions, id., is the source of Forward's principal claim. The difficulty for Forward is that even under the doctrine this physical transfer merely created a presumption and the ultimate question was one of intent. Id.

In this case, the district court found that "neither the band nor any of its [*606] members ever conveyed, or agreed to convey, their copyright interest in the tapes to Forward." 758 F. Supp. at 784. Rather the Band allowed Forward to keep the tapes solely for his personal enjoyment. Id. Forward's disregard of this central finding is premised on a highly artificial attempt to claim "constructive possession" of the tapes from the outset and then to argue that any reservation by the Band at the end of the sessions was an invalid attempt [**6] to reconvey or qualify his copyright. The reality is that the Band never surrendered the copyright in the first place and the transfer of the tapes' ownership to Forward was not a sharply defined event distinct from the reservation of the Band's rights.

Forward argues that the district court's finding is mistaken, pointing in particular to a 1979 check for $ 500 made out to him from Rounder Records on behalf of the Band. A notation indicates that the check was for an "advance option" on the tapes, and Forward argues that the check constitutes an "unambiguous admission" that he owned the copyright. The Band counters that, shortly before Forward was given the check, another demo tape made by the Band had been sold by a third party to a record company. The Band claims that, to prevent another such misadventure, it sought an option on the physical tapes held by Forward. Although Forward contests this explanation, the district court heard the evidence, chose reasonably between conflicting inferences as to the import of the check, and that is the end of the matter. See Anderson v. City of Bessemer City, 470 U.S. 564, 573-74, 84 L. Ed. 2d 518, 105 S. Ct. 1504 (1985); Fed. R. Civ. P. 52(a). [**7]

Forward's second theory of copyright ownership involves the "works for hire" doctrine. Under this doctrine, a judicially developed notion later codified in the Copyright Act of 1909, 17 U.S.C. � 1 et seq., an employer is deemed the "author" and copyright holder of a work created by an employee acting within the scope of employment. Although initially confined to the traditional employer-employee relationship, the doctrine has been expanded to include commissioned works created by independent contractors, with courts treating the contractor as an employee and creating a presumption of copyright ownership in the commissioning party at whose "instance and expense" the work was done. See, e.g., Murray v. Gelderman, 566 F.2d 1307, 1310 (5th Cir. 1978); Brattleboro Publishing Co. v. Winmill Publishing Corp., 369 F.2d 565, 567-68 (2d Cir. 1966). n2 Forward maintains that the tapes, created at his "instance and expense," are commissioned works to which he holds the copyright.

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n2 The Copyright Act of 1976 altered the works for hire doctrine so that only certain types of commissioned works qualify as works for hire, and then only if the parties have agreed in writing to treat it as such. See Community for Creative Non-Violence, 490 U.S. at 738. The Act's provisions on works for hire operate prospectively and do not govern this case.

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The district court rejected this claim, finding that the evidence did not support it. The court said that, although Forward booked and paid for the studio time, he neither employed nor commissioned the band members nor did he compensate or agree to compensate them. 758 F. Supp. at 784. While the lack of compensation may not be decisive, see, e.g., Community for Creative Non-Violence, 490 U.S. at 734 (donated commissioned work), the evidence as a whole amply supports the trial judge's conclusion. Nothing suggests that the tapes were prepared for the use and benefit of Forward. Rather, the purpose was to provide demo tapes to entice a recording company. Forward was a fan and friend who fostered this effort, not the Archbishop of Saltzburg commissioning works by Mozart.

Finally, Forward argues that he is at least a co-owner of the copyright as a "joint author" of the tape recordings. The doctrine of joint authorship, recognized at common law, is incorporated in the current Copyright Act of 1976. 17 U.S.C. � 201(a). In appraising this claim, our concern is with Forward's musical or artistic [**9] contribution [*607] rather than his encouragement to the Band or his logistical support.

The district court found that "Forward made no musical or artistic contribution" to the tapes, explaining that Forward did not serve as the engineer at the sessions or direct the manner in which the songs were played or sung. 758 F. Supp. at 784. The trial judge noted that Forward did request that certain songs be played but "the band then played those songs in precisely the same manner that it always played them." Id. The district court's concise and unqualified findings are fully supported by the evidence

Forward has only one legal prop for his contrary claim and it is a weak one. In the House Report on the Copyright Act of 1976, the committee observed that the copyright in sound recordings "will usually, though not always, involve 'authorship' both . . . [by the artist and by] the record producer responsible for setting up the recording session, capturing and electronically processing the sounds, and compiling and editing them to make the final sound recording." H. Rep. No. 94-1476, 94th Cong., 2d Sess. 56 (1976). It is apparent from this passage that the "producer" [**10] envisaged by the committee is one who engages in artistically supervising and editing the production. See generally 1 Nimmer � 2.10[A](2)(b), at 2-150 to 2-151. That is exactly what Forward did not do in this case.

The Band has sought an award of attorney's fees expended in this court, arguing that Forward's appeal is frivolous. We think that the appeal comes very close to the line but does not quite step over it and therefore deny the motion.

Affirmed.

Copyright

BY KATIE ANDERSON

Staff Reporter

Ron Smith is not the average WVUD deejay.

Although he works for the university station, he wasn't always the one spinning the records - he was once making them.

Smith, a former member of George Thorogood and The Destroyers, now hosts a blues show on the university radio station.

He is one of three members to start the Wilmington-based band in 1973, which would become famous for songs such as "Bad to the Bone."

Smith says a shared love for blues and rock 'n' roll inspired The Destroyers to start up.

He was involved with The Destroyers as a rhythm guitarist for the first three years. He says its earlier songs were covers of classic blues and rock 'n' roll songs such as Jimmy Reed's "Big Boss Man" and Chuck Berry's "No Particular Place To Go."

The band played in Philadelphia, Boston, New York City and bars such as Romelle's and the Big Boar Inn in Delaware.

"It was a great adventure," Smith says. "Every performance was like a little victory. It was us against the world."

Although most people may not recognize the band by its name, many people are familiar with its tunes.

"We had fans," Smith says. "It was nothing like what you see on MTV, but people wanted to hang out with us."

Smith wasn't a part of the Destoyers when its hit song "Bad to the Bone" was released in 1977, but he says the lyrics and melody were derived from a Bo Diddley song.

Roundhouse Records signed the Destroyers in 1976 - the year Smith left the band.

"Paths were diverging and I couldn't see myself going down that path," he says.

Smith says he wanted to explore other job opportunities.

The band always possessed great potential, but he says it became apparent he wouldn't be able to support himself with this lifestyle.

Smith acknowledges that in the early days there were ups and downs. He says the band was living out of a white Chevy high cube van resembling a bread truck, and most of its money was going toward getting the next gig.

The other members were not elated with his decision, but they did not resent it, he says.

The three original members - Smith, Thorogood and Jeff Simon - have remained friends since Smith's departure.

Smith says The Destroyers are still around and Thorogood and Simon remain involved with the band. This past summer the group performed in Wilmington at the Big Kahuna.

He says he sees the other guys every once in a while but concedes that he misses playing with The Destroyers as well as the camaraderie between the members.

The year following his exit, Smith began working at WVUD after his roommate offered him the job as an on-air personality.

At age 47, Smith has been spinning blues records for a quarter of a century.

The affection he harbors for the blues keeps him nestled at WVUD, where he desires to give this genre more commercial exposure.

"If you want to hear music that was inspiration for The Destroyers, listen to WVUD on Fridays," Smith says. "Blues music is timeless and speaks through the ages."


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Hank "Hurricane" Carter Leaves After 23 Years

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The one with more sax appeal than you can feel...

It was announced today that Hank Carter has left the band for personal reasons.

As unbelievable as it sounds, it is true.

Hurricane, you will be greatly missed.

As a side note, I must make a statement regarding the handling of this situation by the Destroyers camp. I am highly upset, even offended, by the way this was announced. One sentence on the Destroyers home page. One sentence! After 23 years! On top of that, there is an entire article about how excited everyone is about the new sax player...I understand the excitement, but couldn't that wait for a few days to give Hank his due? I don't understand. I hope Hank does.

GT interview with the late, great Sheila Rene'

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Q&A with George Thorogood

Sheila Rene': We're rolling (tape) now.

George Thorogood: That's an appropriate button you're wearing, "I Love Rock And Roll." That's you. That says it all.

SR: It's the title of a Joan Jett song. I just found it one day and bought it. Speaking of songs, I have in my hands one fine new album. You've found some great tunes here. What brought these particular songs to your attention?

GT: What or who? Well, it came to my attention if we don't have an album out, we won't get too many more gigs; and you've got to have an album to get gigs. To have an album you have to have songs. To have songs that nobody has done before or you've never done before. The well was tapped out. We put a lot of people out on point looking for material. We got some help from Bob Thiele and little or no help from Waddy Wachtel.

SR: No? That's not what I've heard.

GT: That guy's crazy! He's crazier than I am. I made the mistake of mentioning Frank Zappa's tune "Trouble Everyday." He said 'we're going to record that thing.' I said 'we're not going to record that. That's Frank's. That's "Like A Rolling Stone" to Dylan. That's Frank's.' Waddy comes back with 'you're not leaving here without recording it.' I said 'it won't be easy.' Waddy says 'I don't care. And he made me do it.'

SR: It's my favorite song on the album for me.

GT: Then it was worth it to get Sheila Rene' to come speak to me this afternoon.

SR: Absolutely - and you speak of his genius. What was it for you?

GT: That's like combing the globe and trying to put your finger on God's best work. All of it was beautiful, all of it was great. His attitude, his style and there was never any music he could not master. He was funny and musically equipped. He had it all as opposed to guys like me who get up and beat the hell out of one chord and pretend like they're always testing for an hour and a half.

SR: (laughing) You're right.

GT: You can't explain genius any more than you can explain the air we breathe. Asking me to explain that is ridiculous. I can't explain it any better than I did. The greatest minds in rock and roll couldn't figure him out - what have I got to lose?

SR: Give me the Waddy Wachtel story. He came to see you perform one night and decided he wanted to work with you. Yes?

GT: Naturally, I'm the last to know anything. Waddy Wachtel, as you know, has this great body of work from the '70s, '80s and '90s. He's everybody's guy. It came to my attention that he wanted to work with me. I never knew about his work until he worked with Keith Richards. I said 'Keith with a studio musician? I don't know about that.' But Waddy is a unique case and I went to see the Expensive Winos live and he supplied the guitar on that tour. I said 'okay, this is kinda funky, this makes it.' I met him and the problem was shuting the two of us up (laughter) to get us to play the music. It was like finding this long lost soul brother that you'd lost around 13 or 14 years of age. His whole childhood was mirrored of mine, completely. The difference between us is that he mastered the guitar. He's another genius.

SR: George, you're great.

GT I've got another story for you. He did three things in the studio that no one have been able to make me do. They've not even tried. He got me to play a little slower, turn down and shut up for five minutes. That's an impossibility and I did it.

SR: What a great soul you have. I read a quote from you once stating that the reason you and John Lee Hooker were so good together was that you both did it wrong.

GT: (laughing) Exactly. I'm still doing it wrong. I need people like Waddy or Hank Carter just so it's not real wrong. Just to balance it out. I was fond of saying 'I love playing the guitar so much that I never took time to stop and learn how to play.' I still go up to people and say 'show me something today.' Wow, that's cool when did you learn that and they say when I was 13.'

SR: You didn't pick up a guitar that early.

GT: Yeah, here I am in my 40's and I never took the proper time to learn the proper way. John Lee Hooker is a very primitive player; he's very driven, very rhythmic and he's not too concerned about technique. He's just concerned about how it makes him feel or other people feel. I'm the same way.

SR: I think John Lee just turned 80 and selfishly, I had to tell this man now how much he means to me. His music and his humanity.

GT: Thank you. I look pretty good for 80.

SR: No, darlin' not you. I remember Hooker showing up to play with you at the Warfield in San Francisco one night and he brought his own six-pack.

GT: That's Hooker. He's always thinking about somebody else.

SR: And now he's working with his daughter on an album.

GT: That's great.

SR: "Jail Bait" was written by Andre Williams. Did he record this song first? I know I've heard this song a long time ago.

GT: That's the idea. Wow, what's the date today?

SR: Today is May 14.

GT: Okay, let's phone up the UPI and Natural Museum of History on the phone. Mark this date since it's the first time anybody stumped Sheila Rene'. No, no, no. You usually get everything first. I usually go over my records and you know this stuff. This is the first one.

SR: No, did he record it first? Who was he?

GT: Who is he? He's still working.

SR: Wow.

GT: I called up Elvin Bishop and told him that I was going to record this song, "Jail Bait." There was a pause and he said 'that's Andre Williams.' I asked what he thought of that? He goes 'Yeah that's a good one.' Then I thought 'Oh, no. Elvin was thinking about doing this song, too.' Waddy walked into the Rolling Stone's camp and Keith Richards gave him holy hell about "Jail Bait." Richards said 'you guys.' And it would be a great song for Bishop to record. It's hard to find obscure material anymore. It's almost impossible.

SR: I know. That's why I'm curious about these songs.

GT: Elvin was tipping his hat; and at the same time kicking me in the butt for saying I was doing that one.

SR: You have 462 websites all around the world.

GT: Is that good?

SR: George, that's very good.

GT: Let me write this down.

SR: I couldn't get into all of them but it was so great to see. What's up with Olga in Finland?

GT: Sheila, I don't even know what a website is. (laughter abounds) The last website I saw had some kind of spider in it. (lots of laughing in the room)

SR: Oh, no.

GT: I don't know about the Internet or websites. I don't know about computers.

SR: A lot of your fans certainly do.

GT: I'm not putting the knock on it. I haven't had time. I've been making records, cutting sound, laying down tunes and boogying on the bandstand.

SR: John Hiatt is an old buddy of yours and his tune "The Usual" made it on this new album. That guy is such a great writer.

GT: Old. How old is John?

SR: I'd guess late '40s.

GT: That's not old.

SR: Hey, give me a break, I'm 58.

GT: You said old friend.

SR: George, it is in years and ...

GT: I think you mean a long-time acquaintance.

SR: There you go. I know the song "The Usual."

GT: What album is it on, do you know?

SR: No, not off hand.

GT: I was told that it was never recorded by him. Where did you hear it?

SR: I believe he has played it live. I'd say a Cow Palace show. He has such a great sense of humor.

GT: All his stuff is funny. He's a funny writer.

SR: Elmore James is represented well with his "Manhattan Slide."

GT: I don't think we missed too many people on this record. We got a little of everybody.

SR: Even a new Thorogood tune, "Night Rider."

GT: Yeah, right. I wrote that song quote unquote. It took me about eight minutes to get those lyrics together because Waddy said 'you got this riff what do you want to call this thing?' I go 'Let's look through the Allman Brothers entire catalog then the Doobie Brothers and Johnny Winter and see how many Night Rider's there are out there. He said 'you got lyrics?' and I said 'Sure, I got lyrics.' Of course, I didn't at that time. I went home and snuck off to the toilet and starting writing.

SR: It's amazing to me how many musicians write in the toilet.

GT: The thing about it is that you've...some times you work better when there's a gun to your head. I had to do it. I had no choice.

SR: This is the ninth album with EMI. They must be doing something right.

GT: Really? You can tell that to our manager.

SR: I just mean that you wouldn't stick around if they weren't doing right by you.

GT: Doing right by me was allowing me to record the material that I know we need to keep the Delaware Destroyer's head above water. It has been a real struggle the last couple of years. A real struggle. I mean it's... you know this band. They always say that hindsight is 20/20. Probably the only person who knows this band better than Mike Donahue or Jeff Simon is me. I know what works for our group. I know the material that works. To go to a company and say we've got this song, "Get A Haircut...Get A Real Job," "I Drink Alone." Something like that or "Born To Be Bad" or "If You Don't Start Drinkin' I'm Gonna Leave." Now if they present a script, right? Then they say 'I don't think this is a good move for you." What's this movie about? I play the part of an ex-drunken gun fighter in the old days of the West and I keep falling off my saddle. Then they go 'I don't think this is good material for you.' Did you ever think of doing Shakespeare? You follow what I'm saying. That's the rough edges when you say doing right by somebody. Well, doing right by somebody is a loaded question. Do you mean doing right by giving me lots of money or lots of promotion or lots of freedom.

SR: All the above.

GT: Freedom. That's what it's all about. That's what everything is about. Free to do your job. You have a style that you do, right? A style since you've been doing this. When you're with a company and they say this is not how it works anymore, then it's like saying Westerns aren't selling anymore. So Clint Eastwood did not stop making Westerns, he just stopped making movies because that's what he makes. Okay, it's not what the kids are buying so I said fine I won't make any records. This is the work I do. So, as far as doing right, it's like you go out on a date and you want to be yourself. When that starts to get confused and they say if you're gonna do that you might only sell 200,000 copies. So, I'll sell 2,000,000 copies. 200,000 people will be happy. That's what you call the give and take. That's why I'm always sparing. I'm getting pretty exhausted about it.

SR: Yeah... I understand.

GT: It seems that everytime we get around to making a record there are all new people in the company, in the business and they're always saying 'What can we do for George Thorogood?' I tell them that I'm not a rookie no more. This is what I do. You hire John Wayne to do a Western. The heads of Columbia say we've got to get this guy's career going. I say 'Wake up! It's been going' (laughing) It's been going for 20 years now.

SR: You do seem to have worked out a pattern where you do you music, tour until you drop. Interesting tours with very interesting bands like ZZ Top and the Rolling Stones. Two, three years, you come back and do another one.

GT: Sheila, you want to start your own record company?

SR: (laughter) No, no, no.

GT: I know. It's just refreshing to have someone come up to you and say 'looks like you know what you're doing.'

SR: Oh, yeah. Everybody knows you know what you're doing.

GT: I learn for you people. I learn from the Elvin Bishop, The Allman Brothers, The Stones and the Bill Grahams. That was my school. I tell our producer listen here's where it's at. I didn't write the book I just memorized it. I don't come in here saying that I've got this unique system. It's not that unique. I just watched how it was done by the pros. When I first met you I was learning.

SR: George...

GT: When I had out my first record out I wasn't coming with the answers. I'm coming with the questions. (laughing). I interviewed you. I wanted a crash course on how this thing was done.

SR: I remember you jumping in one leap from the sidewalk into the back seat of my Volkswagen convertible. My producer Eileen Duhne' was in the front seat. Duhne' and Michael Coats send their best. Coats said to tell you that he has a son who's a lefty. Were you a lefty in your baseball days?

GT: (laughing) No. I'm right handed all the way. Maybe I should have been a lefty. It wouldn't have hurt me either way.

SR: I can't help but notice your snakeskin bracelet. Is Mom still making the snakeskin jackets?

GT: Thank you. (laughing) No, she has retired, been retired.

SR: Does it make you feel good, all kidding aside, to be back out with ZZ Top. Are they fun on tour?

GT: When they're around. They keep to themselves and they have a schedule that they have and they have to conserve their energy for the show. What's fun is any time you're out and you lay new material on your people. When they start to pop on it, that's the real fun part. You select material for ages and you don't know if it'll work It's a process, first you have a gut instinct that the song will work for us. Then you have to see if you can play it and then you look to see if no one has recorded it recently. Then you've got to sell it to the record company, oh boy! Then you have to see if you can squeeze it on the radio. The final test is can you play it live and if you can, does the audience dig it. If they do then you've got enough to keep you going for another 18 months or two years. That's a hard process to go through. A lot of artists don't care or at least that's what Waddy says. Many artists just don't concern themselves with that kind of conscious approach to it. A lot of those people aren't opening for ZZ Top either. (laughing) They're sitting home waiting for the phone to ring and book 'em somewhere.

SR: "Rockin' My Life Away" That's what we do. You dedicate that song to our "Killer" Jerry Lee Lewis.

GT: Yeah, absolutely. It's his tune and he brought it to my attention. I didn't want him to come looking for me. (laughing) He's not the kind of man I want to have on my bad side.

SR: I understand. This tour kicked off May 9 with ZZ Top. You're going through May 31 and then what?

GT: Then I'm going back to Los Angeles and we'll see. I'm taking these things one block at a time in my life. It's too dangerous to just wing it anymore. It takes much more preparation than it used to take. There's just so much money involved. It used to be that there was 18 places to play in the world. There was the Ash Grove, The Bitter End, Bottom Line, Fillmore East and Fillmore West, the Warfield, the Troubadour. That was it. Now it has completely changed. And we don't have the big guy anymore. We don't have him to help us out. We don't have him take over and just do it. All we had to do was show up and play. We're at the world's mercy now. It used to be that you could come to Mr. Graham and you could say 'Mr. Graham my voice is weak. I'm trying to get this part in this picture. I don't know if rock and roll is any good. I don't know if I can get any work plus they're trying to deport my son-in-law and I want to do a lot of work.' Bill Graham would just say (GT does his BG voice here) 'Not to worry Tex, I'll make 'em a offer they can't refuse.' You were in good hands. All you had to do was show up.

SR: Bill Graham. I think of him often.

GT: I'll never, ever forget...it might say the Rolling Stones, J. Geils and George Thorogood and the Destroyers, but what did it always say above those names?

SR: In unison, Bill Graham Presents.

GT: Always. (laughing) Even now it says that.

SR: Even now.

GT: What I'm saying is that it's tough to make those moves anymore. You really have to do your research. When Mr. Graham was around it was a little easier. He did all the worrying, all the connecting and you just played the guitar. That's the way it should be.

SR: Every once in a while before I moved to Texas I would get a vision at the Fillmore or the Warfield venue of Bill taking notes on his yellow note pad. He's still around.

GT: Bill and Frank are probably hanging together. While we were messing around with "Trouble Everyday" I'd mention Frank Zappa and people were really cheering and happy about Frank. I said 'You know Frank, he just split because he was done with this. He had turned us on to everything we could possibly be turned on to. Now, he's waiting for us.'

SR: Jim Ladd, an old buddy of yours. This is going to run from tape on his website, radio2000.com.

GT: Yeah, but you keep using the word old.

SR: I'm sorry. I'm thinking long-time acquaintances.

GT: Yeah, right. I just spoke to Ladd recently. We talk all the time.

SR: Great.

GT: Guess what we talk about?

SR: What?

GT: Rock and roll. He's Mr. Rock and Roll. He's the guy.

SR: So, I'm into good music. I don't care what you call it. I bring this up because the tune is "Get Back To Rockin'."

GT: I meant it in a universal way. Get back into rockin' is us. I heard it and that's us. It was a demo tape from a guy from Texas. If there's a song that's us, that's the one. I didn't mean it in a musical term. As opposed to killing, hating, beating, maiming and whatever. This is what the music did for me. It got us off the path.

SR: What's the path?

GT: When I was in junior high, there was a thing called the path. Guys who wanted to impress girls would come up to some little guy and say 'meet me at the path.' There would be fights there. You dreaded the path. You had to fight him in front of the whole school and get beaten or you chickened out and then you still looked bad. The Beatles came along and no body went to the path anymore, they went home and listened to the records. Get back into rockin'!

SR: At this point in your career, what are you looking to as a new challenge.

GT: My challenge 20 years ago was to break in and stay in. That was a big one. If you're playing slide guitar you have one thing going for you and one thing going against you. All the people you're trying to play for are hip people. They're already hip to Ry Cooder, Canned Heat, Savoy Brown and John Hammond. They're all hip to that style of guitar...Duane Allman and Johnny Winter. That's how I play all right? However, those guys are the greatest guitarists in the world. So, you're going to really have to deliver. So they're aware of what you're doing but at the same time you're going to have to be really, really good at it for them to hire you. That was the big one.

SR: And now?

GT: To work with the big boys I've got to be at least as good as the big boys in some fashion. My challenge now that I have the gig is to keep it. That's the challenge. Pete Rose said that when he was a kid all he ever wanted to think about or do, was to be a big league baseball player. When he was 40 and he was still in the big league he said 'that's all I want now.' So ever since I can remember all I've wanted to do is be in a successful rock band. It's a struggle now just to stay in it. It's harder to stay in it than to break into it. That is my motivation every time I step on the bandstand. You've got 50 per cent who've heard you a lot so you have to be better than the last time they heard you. Then there's the other 50 percent who've never, ever seen you before so you have to blow them away, too. It's always there with me. If you don't go well you're not going to make anymore records and Bill Graham Presents isn't going to hire you and ZZ Top isn't going to ask you to open their shows. If you fade then Sheila Rene' is not going to come around and talk to you about Jim Ladd. (laughing) so that's my motivation. That's my challenge.

SR: I don't know what it is about the slide guitar that hits me like the metal doesn't, country doesn't. I can't figure out what that sliding does. What's your favorite guitar at this point.

GT: Right now?

SR: What are you playing on stage tomorrow night?

GT: That's my favorite guitar. Always has been. The Gibson 125.

SR: You and Ted stick with those Gibsons.

GT: I broke into playing on an acoustic guitar and I've tried a million guitars. It's like people drive certain cars because their bodies fit into that car better. I've tried other instruments and they didn't work for me at all. That was good because I'm the only guy who plays the Gibson 125. Nugent doesn't play a 125; he plays a Birdland, a much more sophisticated instrument.

SR: One last question George. Are you a happy man, with your music and your personal life?

GT: Yeah, I'm lucky to be one of the two percenters in the world. I've always argued with Tommy Lasorda when he was always saying he has the greatest job in the world. I'd say 'Sorry Tommy, I get paid to play my guitar in a band and Waddy is probably the only other person I've met...Keith Richards doesn't say that, but he lives that. He loves it. I run into so many people who do this for a living and they're always groaning. Especially the rock guys. Not the Blues cats. Hooker is very happy. All the rockers seem to be miserable. They're either not famous enough, or not rich enough. I pulled Brian Setzer to the side once and I said 'Brian, every night you go on stage you're Eddie Cochran reincarnated. Don't you remember when you were in highschool and you were nothing. You couldn't even do 15 push ups in gym. They gave you grief for being a freak or creep or whatever? You make your living playing a guitar. What's the deal here?' Some people come to see us and they ask 'why is this guy so happy?' I say well excuse me, I'm living my dream every night. Who cares if it's out of tune and I sing a little flat?

SR: It's a party.

GT: I get down to the ballpark and say 'Just give me a uniform, put me in the lineup. I don't care where I play.

SR: Is there anyone that you haven't collaborated with that you would like to play with?

GT: Collaborated with?

SR: Yeah, written with, played with, wrote a song with, just hung out and talked to? You've worked with some dynamite musicians in your lifetime.

GT: That's a good question.

SR: You've met them, played with them.

GT: I've got one thing left. I've got one move left. I met your man James Brown over in London. I met him and I finally met B.B. King. I went to see Little Richard live for the first time and met him afterwards. I made sure I called Jim Ladd the next day to tell him all about it. I finally went to see Dylan, met Dylan. I've played with the Rolling Stones. I've met John Fogerty, played with him. At least I talked with Dylan, that's something. There's only one thing left.

SR: Have you heard who's managing Fogerty?

GT: Yeah, Bill Graham Management. I played with Carlos Santana in New Zealand. He was amazing and wonderful. Of course, I worked with John Lee Hooker. So, I'm going to put the question to you? Who's left to talk to, meet and work with? Who's left?

SR: Don Was.

GT: I think I can think of a bigger name than that.

SR: I'm not thinking big names as much as I am producer.

GT: I don't mean working with. I mean meeting eye to eye, shaking their hands.

SR: Yeah, but Was has produced most of the people you mentioned.

GT: He's not a performer.

SR: He certainly is. He was in the band Was (Not Was). He has just come out with a tribute to Hank Williams. (Thorogood's rendition of "Move It On Over" put him in the spotlight, big time.)

GT: See Hank Williams would be another name for the list, but he's dead.

SR: I understand that.

GT: Okay, I'm going to retrack here. Let's go right up the totem pole here. John Lee Hooker, Howlin' Wolf, Muddy Waters, B.B. King, Little Richard and Jerry Lee Lewis. Now we get into John Fogerty, David Crosby, Bob Dylan, The Stones, who's left?

SR: I see your point. Who's left?

GT: Come on. Are you crazy? The Beatles. That's all that's left. I've never met any of them or worked with those people.

SR: There are three left.

GT: Yes, there is and I'm going to meet one of them at least. They played in Madison Square Garden with Bob Dylan at the tribute show. Dylan was up there and Tom Petty and the Heartbreakers we backing him up. George Harrison was playing guitar with him. We were told that nobody could come near the stage while this is happening. Luckily, some of the guys working there were people that had worked in our crew sometime along the line. They knew me and knew I was there. I said 'All I want to do is one thing.' They asked 'What's that?' I said 'I want to sit on some part of the stage. Nobody has to see me with my guitar. I'm not going to play it or plug it in. I'm going to sit on the stage while one of the Beatles and Bob Dylan are playing.' I can say I was on stage with the Beatles and Dylan. You see. You don't find many cats like me that talk like that.

SR: You're absolutely right.

GT: Waddy Wachtel talks like that.

SR: That's why you guys hit it off so well.

GT: Exactly. When I was in the 11th grade I didn't hear nothing about producing records or anything. I said 'I'm going to grow my hair long, play a guitar and hang out with the Beatles, the Stones and Dylan.' The Beatles are the only ones left. When Ringo Starr takes out his All-Stars, I've got a great opening band for him.

SR: Damn right.

GT: I don't think I'm ever going to get a chance to open for McCartney. I don't think that's going to happen.

SR: Why not? He's coming out again.

GT: Okay, my name is on the list.

SR: I'll do what I can. (more laughter)

GT: There's one more act that I've somehow missed. I've never seen him and I'd love to work with them. That's Bob Seger and the Silver Bullet Band. I think that would be a good rock and roll show.

SR: Damn right. He's out touring now too. Get your manager on it!

GT: Other than that, like you said, Don Was. That would be a great thing to have an album produced with him, but that's fine. My motivation is before I leave this planet...is to meet and play with the Beatles. I talked with Zappa on the phone once. That's was good enough.

SR: I got to interview him twice.

GT: See there, you know what I'm talking about. If I were an actor, I'd be saying I've worked with Pacino, DeNiro, Hoffman, Nickolson, but I haven't worked with the fat kid yet.

SR: Brando.

GT: Beatles. Brando. Brando. Beatles.

SR: Thank you for a good album. Thanks for coming back again.

GT: You're welcome.

SR: Thanks for this time with you today. I love you, George.

GT: Always, Sheila. My pleasure. Keep up the good work.

view interview

New picture of Jon Paris & the guys

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As the time draws near to the release of the new album, I'm trying to post something new here everyday. I'm trying to track down interviews and press releases and such, just to have them here all collected in one place. I like where this is all heading.

There are several improvements that I know need to be made, and everything in due time. The next two big improvements will be to the tour dates page and to the band page. Both of those are extremely lame right now. I promise, in the next month they will be updated dramatically.

Now for the most exciting news, at least for me...I'm adding a new pic of GT and the guys with Jon Paris. If ya don't know who Jon Paris is, trek on over to his homepage and learn. It's a terrific website, and it's only because of the generosity of the webmaster that I'm adding the pic. You all will enjoy it greatly. Jon and the Destroyers are long-time buddies, as some of you know. I was lucky enough to catch two or three pics of them together backstage while Johnnie Johnson played at the Madison Blues Festival a couple of years ago.

Classic Rock Revisited review of RTID

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George is back for the attack with a 13-track CD featuring everything Thorogood. Slide guitar, funny lyrics, toe-tapping rhythms and the best damn backing band this side of Delaware.

amazon.com review of RTID

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Since the early 1980s, George Thorogood has delivered heart-felt tributes to his favored blues and rockabilly artists, and he

New News

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As you can see, I've made a major update to this News page. It's now utilizing Movable Type, the coolest content management system in the world.

I'll be posting items here far more often than in the past, and the posts will be categorized for your viewing pleasure.

Have fun and rock on!

Who Do You Love?

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Hey guys! Sittin' here listenin' to the new "greatest hits" collection from Rounder. The sound on these newly remastered songs is terrific, and you've gotta love the live and previously unreleased "Who Do You Love." Just awesome!

I've updated the album page with the new info and uploaded six new pictures from the booklet. They're worth a look, you'll find them on the fourth picture page. Later tonight I'll transcribe the liner notes, but right now I'm off to take a nap.