[Dixielandjazz] Rules

Stephen Barbone barbonestreet@earthlink.net
Fri, 13 Sep 2002 13:45:26 -0400

Al Levy wrote: (polite snip)

"I asked Joe if he would mind my placing a small display in the hat
check room and letting the attendant sell them. He said - no problem.
Manager of the club said no problem but he would like a copy for himself

Placard info mentioned my name as a member of the band. The band name
and Joe's name were in largest type.

I was fired by Joe. Whatcha' think?"

Al & List Mates:

I think if Joe fired you because of what you did, after he gave
permission, he was unethical. When Tex's Band plays one of the Mardi
Gras jobs I book under the name Barbone Street, I tell him to go ahead
and sell Rent Party Reveler CDs while there, and to distribute
literature about the various cruises and festivals where he is
appearing. He in turn, refers all the local gig interest to me. That is
the "stand-up" thing to do and it helps us both.

As a lawyer (not practicing since 1963 or so) I always like to remember
that there is a big difference between illegal and unethical. What is
unethical is often not illegal. The band leader had a legal right to
fire Al.

US politicians know the difference and many who are unethical, have been
brought before the ethics committee of the US Congress, but few have
been put in jail for violating the law. Most, like one here locally in
New Jersey this year, run again for election after a slap on the wrist
by the "ethics committee". Some get re-elected.

If it is legal you have a legal right to do it. But that does not make
it ethical. A sideman may well be within his "legal" rights to solicit
gigs, while they are going on, as in Romans' example. However a person
doing that, regardless of amateur or professional status should take a
good look at himself/herself in the mirror.

Biggest cop-out in the world?  "But what I did was not illegal".

Steve Barbone