Two years ago, the RIAA won a piracy lawsuit against two sites that offered YouTube-rippers. For those that don’t know, these sites allow the user to turn a YouTube video into an mp3.
After the verdict, the RIAA demanded $83 million in damages from the site owners.
“If the record companies can really get multi-million dollar judgments without having to prove a single instance of infringement within the United States, then no one who operates a website is safe,” Gurvits (Defense Lawyer) said at the time.
There has to be some onus on the RIAA to prove infringement.
And they can’t because they don’t know who infringed.
It’s easy to get a techie to run a report and say that the YouTube ripping sites were accessed by U.S IP addresses. But. It’s not easy to prove who is responsible when their evidence is made up of IP addresses.
But accessing the sites doesn’t constitute Copyright infringement. And the RIAA cannot prove what infringement took place or what videos from YouTube were turned into mp3s.
So why is the law allowing them to bring cases to trial without this proof.
JASON ALDEAN
The song “Try That In A Small Town” came out in May 2023 and it was out of the public conversation. It was a dud and no one cared enough to listen to it. His true fans did but no one else.
Then someone (Critic Zero) started the backlash against the song in the middle of July, 2023 and by doing so, they amplified the song by providing much needed free marketing.
The criticism then spread to other blogs and news outlets faster than Covid and as a by product the streams and downloads of the song kept going up. In the space of two weeks the songs Spotify numbers went from 1.5 million to 12.3 million.
To top off the controversy, Aldean and his team had to edit the music video because it contained footage which was copyrighted.
SPOTIFY INCREASE
The price of Premium Family is changing from A$18.99/month to A$20.99/month.
My favorite part is the reason Spotify gives for the increase, which is word for word to what Netflix gave a year ago;
We’re increasing the price of Premium Family so that we can continue to invest in and innovate on our product offerings and features, and bring you the best experience.
Really.
It’s nice to know that Spotify is using subscription money to pay people for podcasts that a lot of their customers don’t like.
BAND I’M SEEING
I’ve got tickets to watch “The Night Flight Orchestra” in Sydney next Friday. Readers of the blog will know that I am a fan. Each album has been reviewed glowingly.
In case you are interested.
You can read the debut album “Internal Affairs” (2012) review here.
It was released in 2004 on Ytse Jam Records, the official bootleg label of the band created by Mike Portnoy and John Petrucci, but Portnoy was the main driver.
Yep, the thing that bands are doing right now, Dream Theater has been doing it since 2003. Marillion, one of Portnoy’s favorite bands have been doing it even earlier via their fan club.
This was also released as part of their Inside Out record deal via the “Lost Not Forgotten Archives” on 12 May, 2023.
The CD contains pre-production demos as well as instrumental versions of the songs and songs that did not make it on to the album, or were recorded around the same time. Also included are six tracks the band recorded as a Christmas gift for their friends.
The band started this recording process as Majesty. By the end of it they would be Dream Theater.
They started it with Chris Collins as the vocalist. Then a whole year would pass before Charlie Dominici would join Mike Portnoy, John Petrucci, Johnny Myung and Kevin Moore. This is the band that recorded the debut album.
Afterlife – Instrumental Demo
It’s my favorite track from the debut album and it was the first new track they wrote upon returning home from Berklee in the Summer of 1986.
It’s straight ahead speed technical Metal and the instrumental demo highlights it.
And Johnny Myung is one hell of a bassist.
The harmony solo between the keys and guitar is still here, however the solo before is different to the recorded version.
The song was performed live with vocalist Chris Collins however it had different lyrics and melodies.
The Killing Hand – Instrumental Demo
It’s weird how my two favorite songs on the debut are the first two songs written.
You can say this song is the start of the Dream Theater epics.
That section after the solo still hooks me.
The Ones Who Help to Set the Sun – Instrumental Demo
The working title of this song was “Death Of Spock”.
It’s the most progressive of the tracks so far and the Arabic Metal feel is very prominent in the demo.
The Rush influence is also prominent when you hear the song instrumentally.
Ytse Jam – Instrumental Demo
Well the song was written to be an instrumental so instrumental demo doesn’t make sense.
Regardless, it’s a fan favorite and that Intro gets peoples attention immediately.
Cry for Freedom – Instrumental Demo
I needed to rehear it to remember it. A leftover from their Berklee jams.
Standard riffing that seems lost without a vocal melody.
But I do like the Sunset Strip riff from about 2.40 and then the change in feel at 3.00. The drums play a simple groove, the synth takes the lead and it sounds like “Stranger Things” took it for their intro. Or maybe the band was heavily influenced by the “Signals” album from Rush.
It’s also been preformed live with Chris Collins.
Resurrection of Ernie – Instrumental Demo
It’s like a John Carpenter soundtrack piece and I like it.
The music here has never been used or rewritten for another song, so it’s a true rarity.
Drum Solo – Instrumental Demo
I hate drum solos in concert and I hate them on albums. If they add some music to it and have the drums doing intricate things then I’m all in.
Portnoy created it for a contest that Modern Drummer magazine was running. The prize, “Neal Peart’s Tama Drum Set”.
Portnoy submitted it under the title “Peartnoy’s Complaint”.
He didn’t win.
A Fortune in Lies – Instrumental Demo
It is the opening track on the album. I still get hooked on the verse riff and how the keys decorate it.
And in the demo here, there’s no Chorus
Only A Matter of Time – Instrumental Demo
It’s missing the excellent synth lead which defines it.
A Fortune in Lies – Early Charlie Demo
Charlie Dominici is a great vocalist.
But at 36 years of age when he joined the band, he was always on borrowed time with the Dream Theater guys.
Mike Portnoy said it was like having Billy Joel singing in Queensrÿche. In this case it was more Steve Perry singing in Dream Theater.
A good singer in the wrong band, they would amicably part ways after this album.
Afterlife – Early Charlie Demo
My favorite track with a killer chorus. But you had to wait for it.
The Ones Who Help to Set the Sun – Early Charlie Demo
You hear a lot of Marillion in the demo and I like it.
These “Early Charlie” Demos are the ones that got the band signed. A friend of Portnoy’s had an ex-band mate who left Combat Records to start Mechanic Records and on June 23 of 1988, Majesty signed their deal.
Once signed, Terry Date was selected as Producer, who at the time had a reputation for making albums sound great on a low budget.
Portnoy’s 4 track came out and away they went with the Pre-Production demos.
A Fortune in Lies
Afterlife
Ytse Jam
Only A Matter of Time
The Ones Who Help to Set the Sun
The Killing Hand
Light Fuse and Get Away
All of the pre-production demos are more polished than the instrumental demos.
The solos are still a work in progress however most of the elements are there.
“Light Fuse And Get Away” was newly written during this phase.
“Status Seeker” was written just before they entered the studio and never demoed.
The entire album was recorded and mixed in 3 weeks.
Shortly before the release, the guys were informed of another unsigned band who held the registered trademark for the name Majesty. So they had to change their name.
And Dream Theater was born.
The album dropped on March 6, 1989 to little promotion and fanfare. The label reneged on their promise to fund a video and provide touring support.
It was dead on arrival as the guys retreated back to their basement rehearsal studio and their day jobs at delis, Chinese food places and music stores.
To Live Forever – Xmas Demo
The song was written after the guys watched “Rattle and Hum” from U2.
It’s stuff like this which I like from Dream Theater. They would take all kind of influences and still make it sound like Dream Theater.
On here, you can really here the pop vocals in Dominici.
Mission Impossible – Xmas Demo
A little jam with Portnoy losing his shit at the end of the song at Petrucci who was wailing away.
Golden Slumbers/Carry that Weight/The End – Xmas Demo
A Beatles medley.
O Holy Night – Xmas Demo
It’s not a Xmas demo with a Xmas song.
A Vision ’89 – Xmas Demo
I like Dominici’s vocals as well. Then again I’m a fan of this song, so I enjoy all versions of it.
This one is very Queensryche like.
And there you have it.
If you want to hear Dream Theater as a technical speed Metal band with various influences of other styles then this is the album.
The actors have joined the writers in taking industrial action, because they want streaming giants to agree to a fairer split of profits and better working conditions.
And a recent Black Mirror episode has made em all worried about digital replicas, so they want further protection in this area.
Mark Ruffalo went on to say that while actors and screenwriters have “made great content”, the business brains behind them had “created an empire of billionaires”, who are “laughing like fat cats” and “believe we are no longer of value”.
You see, actors are paid residuals. Residuals are a form of royalty paid to actors when movies and TV shows air on television after their initial run.
Residuals came into practice in the 60s and were updated to include Cable TV. But it doesn’t work for streaming because streaming shows aren’t scheduled.
Hwang Dong-hyuk, the creator of “Squid Game,” forfeited all residuals when he cut a deal with Netflix.
It earned Netflix nearly US$1 billion, but Hwang got none of that bounty.
You see, Hwang would get a large upfront fee to create “Squid Game”. It would be large enough to tempt him to forfeit all residuals. Netflix and Hwang both gambled and Netflix won.
And while some actors are paid well because they had the “old gatekeeper power” to get residuals higher, the rest struggle, while the streaming services and studios along with their CEO’s earn billions and multi-millions.
WHAT MAKES IT
Because no one knows what will make it big. Here is a snippet from a newsletter that Billy Oppenheimer writes;
Zemeckis replied with “It’s a minefield, Tom. You never know what’s good…It’s a minefield! It’s a goddam minefield! We may be sowing the seeds of our own destruction.”
There is no safety net or guarantee that things will become popular.
After Bon Jovi finished recording “Slippery When Wet”, producer Bruce Fairbairn was hoping it would get a Gold Certification, which is 500,000 sales in the U.S. Currently the album is at 13,364,000 units sold.
David Coverdale just recovered from surgery after a bad sinus infection. He had fired everyone. He was over $3 million in debt to Geffen. The music to the songs which would make up the 1987 album were recorded. All he had to do was sing.
And he hoped there was a place for Whitesnake in the market dominated by Bon Jovi, Motley Crue, Scorpions and Europe. It’s at 8 million and counting in U.S sales.
“Welcome to the Jungle” from Guns N’ Roses performed poorly in both the United States and the United Kingdom when first released in September 1987.
As the band’s popularity grew steadily in 1988, on the back of “Sweet Child O Mine” and their ferocious live performances, it became a sleeper hit in the US and reached the top 10 of the Billboard charts. It was then re-released in the UK, charting within the top 40 there.
In June 2005, it was certified Gold in the U.S.
By 2017, it surpassed 3 million in sales however it’s never been re-certified.
Nirvana’s second album “Nevermind” was released in September 1991 with low expectations, hoping to sell 500,000 copies.
The album entered the Billboard 200 at number 144.
It entered the top 40 in November.
When December rolled around, the album was selling 300,000 copies a week.
By January 1992, it replaced Michael Jackson’s “Dangerous” at number 1 on the Billboard charts.
The album has gone on to sell over 30 million copies worldwide.
When Def Leppard released “Hysteria” in 1987, they were expecting the same sales as “Pyromania”. In addition, due to the lengthy recording process, in order to break even they had to sell a minimum of 5 million albums.
After 8 months, the album had sold 3 million in the U.S and the band was preparing to wrap up their tour, take a short break and go back into the studio.
Then “Pour Some Sugar On Me” and “Love Bites” hit the airwaves. The popularity of the singles led to renewed interest in the album and the band was back on the road.
The “Hysteria” tour ended on 27th October 1988. By then the album had moved 7 million units in the U.S. It was basically moving a million units a month in the U.S from June.
By May 1990, the album was at 10 million units in the U.S. and it’s still selling today.
DO THE WORK YOU LOVE
It’s a strong mindset to work on a project and knowing that no one will possibly care about it once it’s released.
But the ones that do it, do it because it’s a need to create and they live to create. If it’s successful, the money and fame is a byproduct of their need to create.
THE JOURNEY
When Bruce Springsteen dropped “Born to Run” in 1975 he was 11 years into his journey. During those years he was in and out of numerous bands and his first two albums as a solo artist bombed.
When “Appetite For Destruction” came out in 1987, Guns N Roses were an 7 year over night success. And the album was a slow burner. It took over a year to get traction and once it did, it was outselling everyone.
During these periods, “talented” and “schooled” musicians were in their thousands. But the biggest artists didn’t come from Julliard or Berklee.
If your are not committed to the journey talent doesn’t matter.
It’s all about Copyright, that little piece of legislation meant to give creators a monopoly on their works, so they could create new works, however the creators now sell or license their rights to a corporation, who then seem to hold onto the rights forever and by doing so, the Corporations keep lobbying hard to change laws so copyright lasts forever.
THE VALUE IN COPYRIGHTS KEEPS GETTING BIGGER
It’s 2008 and the Global Finacial Crisis decimated assets across the world. In these wastelands, the Investment Houses turned to Copyrights to balance portfolios.
The arrival of streaming services took off the cloak and funny math on royalties by the labels. While artists complained about the pay per stream rate, one thing they couldn’t complain about was the amount of money paid to the organizations that held the rights.
15 years later, these portfolios keep making money for the Investment Houses as the majority of music consumers transitioned to streaming.
In 2022, Germany generated 1.656 Billion in streaming revenue. The total income for the country was 2.07 Billion so streaming equated to 80 percent of it.
Globally in 2022, streaming revenues reached 17.5 billion U.S. dollars. 70 percent of total recorded music revenue.
If you are not getting a cut of it, someone else definitely is.
The unusual trial will determine which of the two handwritten wills, including one found in couch cushions, will come in force.
The interesting part is how Aretha valued her earnings from Copyright, which she listed as $1. Meanwhile, the Estate earned $4 million in one year after her death.
It is estimated that Spotify has paid the rights holder of Sabaton’s catalogue between $9.6 million and $15.9 million during this time.
If Sabaton owned their Masters 100%, then they would have received between $7.6 and $12.6 million dollars from Spotify. It equates to $507K and $840K per year. There are five members in the band, so taking the lower amount, each member would get $100K each. This takes into account that they have no manager percentage, accountant percentage and so forth.
If they had a 50% Royalty agreement with their label, they would have received between $3.7 and $6.3 million dollars. It equates to $247K and $420K.
If they had a 20% Royalty agreement with their label, they would have received between $1.5 and $2.5 million dollars as the label would get the other 80%. It equates to $100K and $167K. Taking the lower value, each member would receive $20K for the year, which comes to $1,666 per month. This takes into account that they have no manager percentage, accountant percentage and so forth.
RE-RECORDINGS
The Law states that artists can get back their rights after so many years. But the labels are fighting each case tooth and nail.
So if the artists have the means, they are creating new masters and are making those new masters as canon. This in turn gives them control over their music and they can then license these recordings to TV Shows and Movies and Games on their own terms.
Metal music is always resilient to changes in genres however it’s also easily adaptable to other genres or it can be used as a fusion element.
And fusion is happening everywhere.
Taylor Sheridan is good at mashing unrelated and different story ideas into one cohesive story. Yellowstone is a mash up of Classic Westerns, Medieval dramas with a lot of back story and political thrillers. Tulsa King is “The Godfather” in a Western setting.
And then I did some research on em, and they have a gimmick, wearing face covering like ninjas from an anime.
Will people talk about Michael Schenker in 20 years time?
We all knew who Michael Schenker was from his time in UFO and Scorpions, but none of us could name his MSG tunes correctly.
He wasn’t on MTV and back in the 80s, there was no Spotify, no YouTube, no BitTorrent and no internet where we could go and look up his MSG output.
Radio in Australia never played MSG.
Basically if you didn’t own his albums or know someone who did, it’s like he didn’t exist.
But he was all over the guitar magazines. It’s how I came across him.
The first MSG album came out in 1980 and it stiffs in the major U.S market. Japan however loved Schenker where his popularity remained high on the back of his Scorpions and UFO contributions.
The second MSG album came out in 1981 and it did nothing as well. Something had to change. Original singer Gary Barden was fired in 1982 and Graham Bonnet fresh from his stint in Rainbow was hired. Album number 3 came out the same year (along with the “Live at The Budokan” album) and again, it did nothing. Bonnet was fired and Barden was back in for the tour.
And here we are at album number 4 released in 1983.
Commercially, it stiffed again in the major North American market. It’s forgotten from the conversation.
But it’s a favorite.
I could have picked alot of different songs from “Built To Destroy” as it’s that good. But this time around I wanted to write about “The Dogs Of War”.
It’s written by Gary Barden and Michael Schenker.
Drums and bass start it all off. A simple groove yet so catchy with Schenker decorating the Intro with feedback, chords and leads.
It builds until the verses kick in.
Nothing worth taking, all was forsaken
A sense of loss as there was nothing of value left to hold onto or protect.
Hit on the blind side, caught in the spotlights
Exposed and vulnerable, as if suddenly thrust into the spotlight without any preparation, leaving you exposed and defenseless.
Warning came late, no chance of alluding
It conveys a sense of helplessness and a lack of options.
Shadows were long as they forged through the night
I like the way this is delivered vocally. It’s almost classical and yet it feels new wave.
The line tells me it’s about perseverance and determination amidst challenging circumstances.
Looking for signs of the day, Deep in their minds as they walked out of sight
A sense of introspection and anticipation as we search for signs of hope or a brighter future. A mindset of seeking out positive change or opportunities in the midst of uncertainty or darkness.
The line “deep in their minds as they walked out of sight” suggests that despite being physically present, our minds are occupied with thoughts, hopes, and aspirations.
Mission completed all were defeated Branded with fire, now filled with desire
“Mission completed all were defeated” suggests that a goal or objective was successfully achieved, but it came at a cost. The mention of being “branded with fire” tells me that the experience was intense and left a lasting mark. However, instead of being discouraged or weakened, there is a newfound sense of determination and passion, as they are now “filled with desire” for more.
Message came through on the wings of a prayer Feelings were high for a time
The line “Message came through on the wings of a prayer” suggests that guidance or inspiration arrived unexpectedly, perhaps in a moment of spiritual connection or hope.
“Feelings were high for a time” indicates a period of excitement and enthusiasm following the completion of the mission. Emotions are intense and elevated during this phase, reflecting the sense of accomplishment and fulfillment.
Slap on the backs for the ones who had dared To run with the wolves of our time
These lines honor those who have dared to defy conventional norms and expectations, applauding their willingness to take risks and venture into uncharted territories.
They embody the spirit of running alongside the metaphorical “wolves” of their time, showcasing their courage and tenacity in the face of adversity.
Michael Schenker embodies this spirit. At 15 he left Germany to join UFO in the U.K. Imagine that, in 2023.
The dogs of war, will bite the hand for a price, and then hear them roar
The destructive nature of conflict and the willingness of certain individuals or entities to engage in acts of aggression or violence for personal gain. The phrase “dogs of war” symbolizes those who are eager to participate in warfare or engage in hostile actions. They are portrayed as fierce and relentless, driven by their own motives and desires.
The line “will bite the hand for a price” suggests that these individuals are willing to turn against their own benefactors or allies if offered a sufficient incentive.
It implies that loyalty can be easily swayed by material or monetary rewards, and they will not hesitate to betray those who once supported them.
Their mission completed, the innocents bleeding
Overall, this phrase captures the bittersweet nature of achieving a goal or objective while acknowledging the devastating impact on the innocent individuals caught in the crossfire.
To buy someone’s freedom’ who pays?
The question challenges the notion of freedom as something that can be easily obtained through financial means. It prompts us to consider whether true freedom can be bought and whether the act of purchasing it merely shifts the power dynamics or perpetuates a system of inequality.
A lot of the lyrics in the 80s got blasted and they still get blasted by music writers as being immature.
That is the case for some songs and some acts still make a living on writing simple immature lyrics with simple rhymes, laced with sexual innuendos.
Then you get other lyricists who write with some depth and double meanings. Gary Barden is one such lyricist. He’s also pushed out the “tease/please/knees” kind of lyrics as it was a symptom of the era he was in but overall his output is a lot more mature.
And Michael Schenker. He’s a lifer and what a rollercoaster lifestyle he’s had. He didn’t top the charts as a solo artist but his impact is as large as his UFO and Scorpions career.
destroyerofharmony 