34Below Finds More Luck Handling Its Own Affairs

 
 


May 19, 2004

    Hey, bands: For $500, a radio promotions company will put your band on a 12-city tour from L.A. to Chicago and pay for airfare, a tour bus, meals and hotel accommodations. The company will also promote your music to radio stations in the markets where you'll be performing.

    Is it worth a shot? 34Below figured it was.

    The Carlsbad-based pop-rock quartet was recruited last fall by an Arizona company called 97 Radio for a promotional tour featuring six bands. It wasn't the first time 97 Radio contacted the band, said guitarist/singer Chris James, but this time 34Below was no longer with a record label and figured the relatively modest financial risk was worth taking.

    The tour never happened. James said he became suspicious in January, when details of the imminent tour were still unknown.

    "They took everybody's money, then stopped returning e-mails or phone calls," said James. "I kept calling, 'Where's the itinerary on this?' They talked a real good game, even to sucker us into the thing."

    Finally after unreturned calls and vague assurances, James said, he received an e-mail announcing the tour was off because funding fell through.

    James said his credit card company credited him the $500 when he reported it as an improper charge. James said 34Below's experience mirrored that of more than 20 other bands who had also booked with 97 Radio for either a six-band winter club tour or a spring beach tour.

    James said reps of clubs slated on the winter tour ---- venues such as the Roxy in L.A., Galaxy Theatre in Santa Ana and Launchpad in Albuquerque ---- told him that they had never heard of 97 Radio. Local chamber of commerces for cities listed on the spring break tour didn't know of any beach concerts coming to their towns, he said.

    In his research, James came across a series of articles written by online reporter John Foxworthy that were highly critical of 97 Radio. James said Foxworthy fed him more bands with similar complaints and adds that he is still getting e-mails.

    The bands filed a complaint with the Phoenix district attorney's office in February, James said.

    James is waiting for news on that end, but said he has cause for some satisfaction.

    "I helped maybe 20 bands get their money back," James said, tallying the cumulative dollar amount at more than $15,000. "I could have just walked away, but I was so p---- at the situation."

    William Foreman, 97 Radio founder Carlo K. Oddo's attorney, said Monday that his client "vehemently denies any improper or illegal conduct, and he's doing his best to actively review 97 Radio's situation and to make people who were involved in it made whole."

    Rolling Stone published a story in March about 97 Radio's canceled spring tour. Twenty-eight-year-old singer Ellee Ven told the magazine that she paid 97 Radio $3,600 for a slot on the tour scheduled to visit coastal cities from Miami Beach to Rocky Point, Mexico. The magazine said it talked to seven musicians who paid a combined $10,500 to appear on the beach tour.

    "I take strong exception to the accusations that my company 'ripped off' or 'scammed' artists who used the services of 97 Radio and by implication, Talent 2K," Oddo wrote in a letter published by Rolling Stone in its May 27 edition.
 

    Talent 2K is a company owned by Oddo that charges bands to shop their demos to record labels. Oddo blamed the beach tour's demise on an "overzealous independent salesman and by a competitor who, through his web site, sabotaged the tour while it was still being organized."

    "We have refunded many participants who paid in advance, and we are in the process of reviewing any claims that are sent to us," Oddo wrote.

    34Below signed off on the tour, James said, because it didn't seem that unrealistic that a radio promotions company could put together a tour perhaps funded by sponsors. 97 Radio's tour lined up markets in which 34Below had garnered radio play, so that made it appear the company was knowledgeable about the band.

    "I didn't even think to go to Yahoo and type in 97 Radio," James said.

    This is not the first time that the band's plans have been tripped up by outside forces. A few years ago, 34Below was gunning for a big breakthrough when the EMI-affiliated label NFE released the band's polished debut, "Is It You?"

    "They told us, 'Stop selling CDs, stop playing out live,' " James said of what was a start-up label that eventually ran out of money.

    The idea was to go into hiding, record and write songs and resurface when NFE hopefully had radio stations hooked on a song.

    "We went from 200 shows a year to maybe six shows a year. We opened up for Sugar Ray and the Calling ... but we felt like we really lost momentum," James said.

    Today, however, 34Below ---- James, singer Steve Ybarra, drummer Mike Trout and bassist Brian Maples ---- is taking care of itself. The band's latest CD, an all-acoustic set called "Live at Dublin Square," came out on its own record label, Blue Crown Records. The band has some West Coast dates planned before it heads east in August to perform at some Wyland galleries, where the famous marine artist will be giving painting demonstrations and signing books and paintings.

    James said "Live at Dublin Square" is selling well despite being available only on cdbaby.com, amazon.com, the band's web site and at shows.

    Chances are you've heard 34Below without realizing it. The band's song "It's All Right Here" was featured in a prominent Sycuan Casino TV spot for a year and a half.

    "We were doing it at Street Scene. We came to the chorus and you see everyone's heads turn and look at us and they started singing it."

    Even more impressive than that confirmation of advertising's power is what steady touring in certain markets will achieve for a band.

    "We're big in Coos Bay," James said with a laugh.

    It's not Japan, but a coastal Oregon tourist town will do for now.


Stephen Rubin (NCTimes.com)

 

 

 

2004