Author Archives: destroyerofharmony

Copyright, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

COPYRIGHT = Powerful Organisations Fighting Over Who Gets The Biggest Slice Of The Pie

The artists have the power. They are the ones that create the works, the songs. But it is the rights holders of the artist’s work (otherwise known as the Copyright Holders, aka, Record Labels) that are trying to organise deals with ISP’s, the Courts, technology start-ups, streaming services and the Government. They are the gatekeepers in the middle and they are more richer than they have ever been.

They are flush with cash. The internet was supposed to level the playing field against the major labels but it only made them stronger.

Why?

Because they are using their massive catalogs as leverage against streaming services and other technological start-ups. Much in the same they used their power against artists. And all of this because the artists sold away their power so that they could be given the chance to record and be a star. Like today, companies like Spotify are selling their shares to the record labels so that they could operate.

In Australia, the Attorney General’s Department is trying to make the ISP’s the RIAA Surveillance Force.

If anyone should be organising these deals it should be the ARTISTS/PERFORMERS with the USERS/CONSUMERS. No Corporations in the middle should be involved.

But that is not the case.

Because the Record Labels have benefited greatly from this Government created monopoly. Even in the U.S, the House of Representatives judiciary subcommittee will be meeting to discuss music licensing. The RIAA will be there, streaming services like Spotify and Pandora will be there and the music licensing groups will be there.

But why are they all there?

They are all there to ensure they get as large a slice as they can from the Copyright pie. Hell, YouTube is starting a streaming service and they are negotiating for lower rates than their competitors

Bad form.

As usual, missing in all of these Copyright discussions is the PUBLIC and the ARTISTS.

Copyright was created to promote progress in science and useful arts. It was never created to be a social welfare tool and it was definitely not created to enrich corporations and turn them into powerful monopolies.

Copyright laws need changing but that will never happen as the ones (RIAA, Record Labels) that control the money, will stand to lose a lot of it. That is why these corporations are NOT looking at ways to make Copyright better. They are just looking at ways to get the biggest slice of the current pie when it comes to Copyright.

Hey, pretty pretty
With the sweet sweet eyes
Order me up another slice of your pie
– “Slice Of Your Pie” – Motley Crue

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Classic Songs to Be Discovered, Derivative Works, Music, My Stories, Unsung Heroes

The Classic Game Changer Albums

Is there any artist or band out there that can totally wow us like the first time that bands like Dream Theater, Motley Crue, Metallica, Guns N Roses, Pink Floyd, Rush, Iron Maiden, AC/DC, Van Halen, Twisted Sister, KISS, Judas Priest, Black Sabbath, Blizzard Of Ozz, Rainbow and so many others did.

Don’t get me wrong, I hear bands that are good all the time and most of those bands sound like the bands that I have mentioned however they still do not make me feel like when I first heard those classic bands mentioned above.

I know that people will argue the point, however they really need to put themselves back into that head space of that era.

Just think about it.

Put yourself back in 1983 and Metallica is on stage. You are watching this band play a hundred miles a hour and they are in your face. Then think back 10 years from that point and pick anything that resembles what Metallica does on that night in any shape or form.

The same for Van Halen. Imagine it is 1978 and you are there watching Eddie Van Halen on stage and he is ripping up the fretboard with hammer ons, legato runs and finger tapping. He isn’t doing it as part of an extended jam or a guitar solo moment, he is doing it as part of the songs riffs and leads. Then think back 10 years and find another guitarist that resembled what Eddie Van Halen is doing on that night.

Of course, people will argue that Jeff Beck, Eric Clapton, Jimmy Page and Jimi Hendrix were all doing the rounds in 1968. That’s a decent argument. Then I say go back another ten years from then to 1958 and then you will see what a massive change was happening during that twenty year period.

Hell, the sales of guitars jumped astronomically from the fifties to the eighties. That should be proof enough of the change that was happening during that time as music started to cross boundaries and become worldwide.

There is no doubt that music has played a vital role in our society. We listen to it, we play it, we create it and we use it for almost everything.

Regardless of where people’s loyalties lay when it comes to their favourite artist, the truth is this; there are only a handful of truly great hard rock albums from start to finish that will stand the test of time. Of course there there are albums with a handful or just one truly great rock songs that will stand the test of time.

Since Metallica is in the news a lot with their request by fans tour happening, the new song “The Lords Of Summer” doing the rounds, plus all the petitions in place to kick them off a festival, lets kick off with them.

There is no doubt that the “Black” album is their TRULY Classic moment. One album that encapsulated and re-defined and re-classified a genre. A game changer in every sense.

What about the albums that came before the Black album?

“…And Justice For All” had two defining songs in “One” and “Harvester Of Sorrow”. Other songs that on any given day could be up there or are up there are “Blackened” and “And Justice For All”. The album wasn’t a game changer in any way as it just built on the three albums that came before it.

“Master Of Puppets” is a pivotal album in Metallica’s career for two reasons. It was the first Metallica album that was a true Metallica album, written by the band and it was the last album to feature Cliff Burton before his tragic death.

The one two knock out punch of “Battery” and “Master Of Puppets” is undeniable. However the next two songs, although good are mere imitations of songs 3 and 4 from the “Ride The Lightning” album. “Disposable Heroes” picks it up, while “Leper Messiah” is a foreshadowing of the “Black” album style. “Orion” is a great instrumental to fans of instrumental music like me and “Damage, Inc.” is jarring and in your face, which people either dig or detest.

The first four Metallica albums could easily be packaged into one GAME CHANGER album.

1. Battery
2. Master Of Puppets
3. For Whom The Bells Toll
4. One
5. Disposable Heroes
6. Harvester Of Sorrow
7. Creeping Death
8. The Call Of Ktulu
9. Seek And Destroy

Same deal for Motley Crue. Their first four albums could easily be packaged into one GAME CHANGER album.

1. Live Wire
2. Shout At The Devil
3. Looks That Kill
4. Red Hot
5. Home Sweet Home
6. Wild Side
7. Girls, Girls, Girls
8. Too Young To Fall In Love
9. Too Fast For Love
10.On With The Show

Here are a few more game changer albums from the Eighties;

Bon Jovi – Slippery When Wet

It gave Jon Bon Jovi a career that he is still doing victory laps on almost 30 years later.

Guns N Roses – Appetite For Destruction

It gave Axl Rose a career that he is still doing victory laps on it. It also gave Slash and Duff a springboard to go solo.

Def Leppard – Hysteria

“Pyromania” got the ball rolling and “Hysteria” after laying dormant for a year went viral.

Motley Crue – Dr Feelgood

Sobriety leads to a lot of clarity and groove and a number 1 album.

Van Halen – 1984

The definitive statement of Californian Rock, launching David Lee Roth and Eddie Van Halen into every household of the planet

AC/DC – Back In Black

It launched the band world wide and solidified the growing reputation of a young producer called Mutt Lange.

Twisted Sister – Stay Hungry

It gave the band two cultural video clips and when they reformed in 2001, it was the launching pad for the next wave of SMF’s.

Ozzy Osbourne – Blizzard Of Ozz

It re-established Ozzy by giving his solo career a real boost and it gave the world the talents of Randy Rhoads and the lyrical writing talents of Bob Daisley.

Judas Priest – Screaming For Vengeance

It paved the way for metal to burn up the charts again in the U.S that no one saw coming.

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Asphalt Ballet

It’s 1991 and “Use Your Illusion” parts one and two have hit the charts. However it was Asphalt Ballet’s debut album that initially had the most radio take up, beating out the juggernaut that was Guns N Roses.

And what a great band name, using a police slang term for a motorcyclist crashing and skidding along the road at high speed.

Their so called overnight success was over 14 years in the making that began in different states and different cities, far removed from the Sunset Strip of LA.

Vocalist Gary Jeffries has a huge story to tell. He put in a lot of time playing the bar circuit and his origin story dates back to the Seventies. Eventually he came to L.A in the mid Eighties to audition for QUIET RIOT after original vocalist Kevin DuBrow left. He didn’t get that gig, losing out to Paul Shortino from Rough Cutt.

After that he played with guitar virtuoso Alex Masi, Passion, Baronette and Broken Rule. That eventually led to a group called Mistreated which by sheer luck rehearsed next to Jeffries other bands. Guitarists, Danny Clarke and Julius J. Ulrich along with bassist Terry Phillips and drummer Mikki Kiner all came from “Mistreated”.

And before recruiting singer Gary Jefferies in 1989, Mistreated had a Bon Jovi meets Warrant pop rock sound. As they once said, “it wasn’t a believable thing and that they were doing it make a buck.” With Jeffries in the fold, Mistreated became King Kong and then Asphalt Ballet and the sound went to a more organic southern delta blues rock vibe.

As was the norm back then, bands needed to get a buzz happening and Asphalt Ballet did just that on the Los Angeles bar circuit, which eventually got the attention of Virgin Records via a recommendation from Myron Grombacher, drummer for Pat Benatar.

Start with the debut album. They wanted to call the album “Mood Swing” and once you sink your teeth into it, that is exactly what you will get.

It was produced by Greg Edward who paid his dues as an engineer on big albums like “Scarecrow” from John Cougar Mellencamp and “Like a Rock” from Bob Seger and the Silver Bullet Band. Virgin Records released the album and it looks like they had no idea how to promote the band or the album in a changing musical landscape.

“Soul Survive”

What a song and what a groove. It gets the head nodding and the foot tapping. It’s written by guitarist Danny Clarke and it’s rooted in the AC/DC style of blues rock.

“I’ve seen the system fall apart from the rules
And all our Presidents lie
I’ve seen the needle and the damage it’s done
The wreckage left behind”

The system has gotten worse and the war on drugs has been lost. We have our own democratic governments spying on us and storing our information in massive data banks.

“I’ve seen the broken dreams and broken hearts
I’ve seen the strong be cruel
I’ve seen a man driven by success
And break the golden rules”

It seems that all we read about today are people committing some form of crime. All in the name of money. The RIAA claims that they are victims of copyright infringement. Then you get the minority and the poor claim that they are victims of corrupted or over zealous law enforcement officers. And the list of injustice just goes on and on. All the name of money.

Instead of singing “WAR, WHAT IS IT GOOD FOR?”, the catch cry of 2014 should be “MONEY, WHAT IS IT GOOD FOR?”

“Tuesday’s Rain”

It’s the complete opposite of “Soul Survive” and this one is written by guitarist Julius Ulrich. It’s the Yang to Clarke’s Yin.

“As I wait for my new high
And sit on my mood swing
And drift out like the tide
Into the deep blue sea”

That’s what life in general is all about. Mood swings and reactions that move us about each day.

“End Of My Rope”

Another melancholic rocker written by Julius Ulrich.

“Well it’s a ruthless world with a painted face
Ain’t nothin’ gonna change but the time and place”

Aint that the truth. Different cities and different people all over the world are experiencing the same pain. Heartbreak, the loss of a loved one and so on.

“Winners and losers, beggars and choosers
Talkers, doers lost in illusion
Lawyers, villains, hometown killings
It’s all the same to me down at the end of my rope

Well lord, I’m losing hope, yeah!
Down at the end of my rope”

That’s it, right there, the unwritten law of the street. There are winners and there are losers. There are beggars and there are choosers. People that talk it up and there are people who actually do it. But when you are always hanging on, all of the shit that goes on up top is all the same. It doesn’t make a difference to you down at the bottom.

“Heaven Winds Blow”

Another song written by Danny Clarke and this time it’s got this Southern Skynyrd vibe happening.

He said you can’t stop and worry about the things that you’ve done
There’ll be no more looking back when the judgment day comes
Judgment day is coming, yeah!

A conversation with the Lord Almighty. We are a long time dead, but alive for a little while. So live it up until the heaven winds blow.

“Blood on the Highway”

Written by Julius Ulrich and Gary Jeffries. The “When The Levee Breaks” groove is hypnotizing and it hooked me in from the get go. Bon Jovi and their Nashville songwriting team ripped them off for “We Got It Goin On” from the Lost Highway album in 2007. But then again, it is a typical blues rock groove and Keith Richards once said, “YOU CANT COPYRIGHT THE BLUES”.

Living like there’s no tomorrow
Lovin when it comes my way
Well it’s a lonely road, a new town to go every day

So many songs written about life on the road. It isn’t a pop culture phenomenon like “Turn The Page” or “Wanted Dead Or Alive” but man, this song is a classic song just waiting to be discovered.

“Goodbye Yesterday”

It is written by guitarist Danny Clarke and Julius Ulrich. It is “Tuesday’s Rain” merged with “Soul Survives”. And for some reason I can’t stop shaking that Tesla connection from my mind when I hear this song.

“Wasted Time”

People might not know this song, but man its got the best lyric line ever committed.

Life done wait for you
Precious wasted time

Julius Ulrich, West Arkeen and Danny Clarke wrote this song. West Arkeen (RIP) also did some work with Guns N Roses and the “Use Your Illusion” albums. It’s got that Blues Gospel vibe that I dig.

Hearing this song again today, seventeen years after West Arkeen’s death due an accidental drug overdose, it sure is wasted time. The Skid Row song of the same name just hits home.

“Is it all, just wasted time
Can you live with yourself
When you think of what
You left behind”

“Taking a Walk”

This is a great song, again written by Julius Ulrich. The whole album is showing the eclectic style of Ulrich. In this case, he has crafted a song that merges the Van Halen SoCal vibe, with some pedal point metal riffing and a lot of swing.

“Do It All Over Again”

It’s a simple 12 bar blues acoustic ditty written by guitarists Clarke and Ulrich.

I’m no social grace, I’m no millionaire
I don’t wear a tie, I don’t comb my hair
If I sing out loud to myself, give me the stage

I’ve got a few things I can call my own
My TV’s broke, I ain’t got no phone
I’m doin’ just fine and I thank you just the same

Don’t mind the shape I’m in
I don’t mind if you let me in
‘Cause if I had the chance
I’d do it all over again

I get by on caffeine and alcohol
Some days I walk and there’s some I crawl
A few bad moves, it’s just a part of the game, yeah it is

A lot of artists just stopped soldiering on once they lost their deals in the wake of Grunge or they changed their styles to match the Seattle Grunge sounds.

The Record Labels and their predatory exploitive practices are to blame here, more so than Grunge or the saturation of the market place with inferior hard rock bands. The artists slaved away without a chance in hell of recouping because no one monitored or regulated the creative accounting practices of the labels.

Vocalist Gary Jeffries decided to leave during the tour for the debut album. The band had been out on the road for 12 months and in the majority of the cities they played, no one could find a copy of their album.

They did in stores and acoustic gigs in record stores and there wasn’t a copy of the CD in the store.

Back in 1991/1992, the rule of thumb was that if a band plays a city and rocks the audience, then those fans would go out and buy the album. In the case of Asphalt Ballet, the album wasn’t in the stores so how can the fans buy it. Basically, the record label failed their artist. To top it off, the label then pulled the plug on any further touring because sales weren’t high enough. How ironic.

That was when their manager stepped up and financed a tour with “Shotgun Messiah” which as the headlining act, had no pull. Eventually, after living on $160 a week and with Virgin pushing the band to get a little bit more grunge sounding, vocalist Jeffries went back to Louisiana and a few days later he was working a normal job, trying to make an income to support his pregnant wife.

The band was thousands in debt based on the recouping label formula. Asphalt Ballet’s manager sweet talked Virgin to front up enough cash for a new album and after doing the CD, “Pigs”, they were dropped before any tour began.

But we have the debut album. Cherish it as a great piece of rock and roll music.

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A to Z of Making It, Copyright, Music, My Stories, Stupidity, Treating Fans Like Shit

What Do Artists Need? Stronger Copyright Laws or Better Business Models

I absolutely support that musicians should be paid for their work.

What I don’t get is how the record labels and misguided artists feel entitled to push for stronger copyright enforcement as a way to guarantee an income which is contrary to the foundations of what copyright was designed to do.

As we all know, Copyright laws have been hijacked by Corporations that at this point in time, copyright is contrary to freedom, and in particular freedom of speech, to a degree where it is illegal to sing “Happy Birthday” at a birthday party.

The “Happy Birthday” song goes all the way back to 1893 and right now it is “protected” by copyright until 2030 because someone decided to retroactively place it back under copyright. If that doesn’t tell everybody that something is very wrong with Copyright then I really don’t know what will.

Because people who really believe in stronger copyright laws believe that if those extra enforcement laws do not exist then musicians will cease to create. Those same people believe that if people are not paid upfront to write an album, then musicians will cease to create.

The maximalist viewpoint doesn’t seem to be supported.

Look at Sweden, the birth place of Spotify and The Pirate Bay. Guess what, the country has a thriving culture around music. Sweden to me is the scene to be at right now. Other policy changes by the Swedish Government around making medical care free has also contributed to this vibrant music scene. And all of this has been achieved with the threat of copyright infringement.

Remember all of the lies that have come out from the entertainment industries.

“Home taping killed music” was a good one. Guess that is why the music business and as a by-product the recording business grew exponentially once cassettes came into the market. I guess that is why no popular music has been made since cassettes came into the market.

The point is that copyright protectionism is purely about protecting old business models. Stronger Copyright has nothing to do about supporting thriving new industries. Stronger Copyright has nothing to do about finding new ways of doing things. The thing is the Copyright cartels have had a big win in successfully skewing the argument that file sharing is “theft”.

Remember all of those commercials about stealing that seemed to appear on a legally purchased DVD. The irony. I purchase a DVD and then I get blasted with ads that links copyright infringement to theft. BUT, if file sharing was actually “stealing”, then file-sharers could no doubt be prosecuted under existing theft law.

But they don’t. Because file sharing is not theft of property. It is a violation of copyright. That’s an important difference.

Duplicating a pile of 1’s and 0’s does not deprive anybody of the original content. What all of this copying does is drive down the value of the product. What is the price of a song when the internet is littered with millions of copies of the same song and they are free.

That right there is a market with a customer base in the billions and it needed to be satisfied. And that is where YouTube, Spotify, Pandora and other streaming services come into play. They are there to monetize that market by competing with free through ad-supported business models. Hey, if it is good enough for the free to air TV networks, why can’t it be good enough for music networks.

But this “free market” has a big problem when it runs up against Government protected monopolies.

And the thing is, people do also pay for music. Many studies are actually showing that the biggest consumers of illegal media are also the biggest purchasers of legal media. Ultimately this seems to show that people are more than happy to pay for content they enjoy.

Metallica’s self-titled Black album is still moving on average 2000 units a week. And it is doing this even though millions of copies of the album are available to be downloaded for free. It is doing this even though it is available for streaming on Spotify and YouTube.

Volbeat has been selling records on a weekly basis in the U.S since 2011. They are doing these numbers even though their album/s are available to be downloaded on peer-to-peer networks. They are doing these numbers even though their albums are available for streaming.

Same deal with Five Finger Death Punch, Avenged Sevenfold and Skillet. Still selling, regardless of the state of piracy.

So what is it. Do artists need stronger copyright laws or better business models and terms that pay them a fair days pay for a fair days work?

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Classic Songs to Be Discovered, Influenced, Music, My Stories, Treating Fans Like Shit, Unsung Heroes

John Corabi and That 1994 Motley Crue Album

The first time I came across John Corabi was when I purchased the “Let It Scream” album by The Scream. It was early 1992. It was on heavy rotation. Then a few months after I got into “The Scream” it was announced that John Corabi had joined Motley Crue. Back then news didn’t travel as fast as it does today and to be honest, the source of the news for me in Australia was the rock magazines that I purchased.

I had mixed feelings. As a Motley fan from the early days I was disappointed. As a Scream fan after one CD, I was disappointed. But the thought of Corabi’s bluesy voice merging with the Crue was an intriguing prospect.

John Corabi should take the Motley Crue album of 1994 on the road this year. If Motley Crue choose to ignore their greatest work because Vince Neil didn’t sing on it then there is no reason why John Corabi should ignore it. There is a market there for it. If he is playing 1000 to 2000 capacity venues they should sell out. But the challenge that Corabi and his team have is getting that awareness out to that market that wants to see this happen. They can post it online, but that does not mean that the audience will see it.

People that have read this blog, will know that I have a lot of time for this album.

Twenty years on the album has survived the test of time. Darker, bluesier, ballsier, kick-ass rock and roll. What about the production from Bob Rock?

It has some of the best playing the band had and has ever done. And it was so ahead of its time that the record label just didn’t know what to do with it and how to market it.

People said they ripped off Alice In Chains because it packed serious groove. Umm, listen to the Girls and Feelgood albums. They also grooved.

People said they jumped on the grunge bandwagon because they down tuned. For most of their career Motley Crue down tuned.

What about all the scattered Zeppelin and Beatles influence all over the record? Nikki Sixx said that he was trying to write his own Physical Graffiti. And he succeeded.

It’s just a really great record with the unfortunate truth that it was released by Motley Crue.

In a perfect world, Motley Crue would include John Corabi and his backing band on their farewell tour and how cool would it be to have Mick Mars play guitar on a song during the set or Tommy Lee or Nikki Sixx come out and play their parts on a song.

But we don’t live in a perfect world and the album still remains hidden from any new fans connecting with it.

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A to Z of Making It, Copyright, Music, My Stories, Piracy

Then (1984) and Now (2014)

Then
A large marketing budget broke bands.

Now
Fans break bands.

Then
Musicians and bands were picked out of a pool of people by record label representatives based on the strength of the songs and the buzz around them.

Now
Musicians and bands are still picked out of a pool of people by record label representatives based on how they look and dress.

Then
Radio fed us streams of crafted products created by the record label machine.

Now
Radio hasn’t really changed however people can stream songs on playlists that they have created.

Then
You HAD to go into a big expensive studio to record.

Now
Musicians at home can record, mix and master their own work with little money.

Then
Bands/Artists wrote what they wanted and then the record label told them what they wanted and then the bands would go back and re-write songs to what the record label wanted.

Now
Bands/Artists can create whatever they want and in the version they want.

Then
A record label was needed to release music.

Now
Bands and artists can release their music in the way they want. No label is needed.

Then
It was hard being a musician. There was no guarantee that a band or an artist would make money from music.

Now
It’s still hard being a musician. There was no guarantee that a band or an artist would make money from music.

Then
Unknowns had no way of reaching millions.

Now
Unknowns can reach hundreds of millions of people with their music.

Then
Piracy was an issue however it still didn’t deter bands and artists from creating new music.

Now
Piracy is still an issue and it still doesn’t deter bands and artists from creating new music.

Then
Musicians rarely banked on making cash from recordings

Now
Musicians feel entitled that they should be making cash from recordings because they poured their heart and soul into it.

Then
Musicians focused on creating, recording and playing live.

Now
Musicians have their fingers in a lot of pies to make a living.

Then
Musicians obsessed about booking shows. That is where people went to find new music.

Now
Musicians hardly play shows. They are more selective. And people don’t go to watch unknown bands anymore, as they have so many different avenues to find new music.

Then
Music was the event.

Now
TV Shows are the events with music being relegated to a sideshow.

Then
Musicians made a living by putting the hours in.

Now
Those same musicians are still making a living by putting the hours in.

Then
Musicians did the hard work of building up a local fan base.

Now
Musicians want to take over the world in an instant.

Then
There was a monopoly on the distribution. There was a monopoly on the price.

Now
That monopoly has been replaced by the internet.

Then
The cream of the crop always rises to the top.

Now
The cream of the crop still rises to the top. It just takes a little bit longer.

Then
The record labels killed off genres by pushing acts they signed to copy other acts.

Now
99 percent of artists and musicians still copy other acts. That 1 percent that do it differently are the ones that have a career.

Then
The Record label set up was basically a lot of non-creative people living off the backs of those who create content

Now
The record label set up is still the same, however it is starting to diminish.

Then
Artists believed that once they got signed by a record deal, fame and riches would follow.

Now
Artists know that there is no single solution and they are aware that record labels rip off the artists.

Then
Artists and Bands had two paths of getting our music out. The record label path or the do it yourself path.

Now
Artists and bands have hundreds of paths for pushing our music out. They just need to work harder at it.

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A to Z of Making It, Copyright, Music, My Stories, Piracy, Stupidity

Billion Dollar Deals and Still No RESPECT for Pre-1972 Artists

How would you feel as a musician and as a creator today as you hear and read about all of these board room deals taking place between technology companies and the record labels?

Millions upon millions are exchanged from a technological company to the record labels.

WHY?

Because if a technological company wants to offer a music service they need to license the music catalogue that the record labels hold. And the music catalogue that the record labels hold is music created by artists, songwriters and producers, including those same artists that are supporting the PRE-1972 RESPECT ACT. So where is the windfall for the artists from all of these backroom deals. In a nutshell it is their music that the record labels are using as leverage.

The RESPECT ACT says that some of the biggest digital radio services in the world have decided to stop paying royalties to artists who recorded music before February 15, 1972. It looks like the record labels never paid any royalties to these artists.

The Allman Brothers have sued Universal Music and Sony Music for unpaid iTunes royalties. The Temptations sued Universal for not paying iTunes royalties properly. The Beatles sued EMI over unpaid royalties. Martha Reeves sued Motown for unpaid royalties. Roger McGuinn, from the Byrds, has never received royalties (beyond a “modest advance”) for the 15 albums he recorded with the band.

The RESPECT ACT says these companies believe that they can use pre-1972 recordings for free, forever. It looks like the record labels use these pre-1972 recordings to negotiate licensing deals, without any compensation to the original artists and the writers.

The RESPECT ACT says that while the artists of today are paid royalties every time their songs are played, the inspirational artists who came before them — Motown acts, the legends of Jazz and Blues, and the musicians who gave birth to Rock n’ Roll — all get nothing. Um, those acts never got nothing in the first place from the record labels. Modest advances maybe.

The RESPECT Act states that the decision by these companies to cut off royalties for pre-1972 recordings caused artists and record labels to lose an estimated $60 million in royalties. Music is how artists pay the rent, provide for their family, and plan for the future.

Um, what about the estimated millions of royalties that the artists have lost due to creative record label accounting.

And what about all of the producers and songwriters that worked on those music catalogues that the record labels now own and use as a bargaining chip. Based on all of the research funded by the RIAA, producers and songwriters are the ones that are hurt the most because of piracy. It looks like they are really hurt by the streaming licensing deals.

Seriously think about it.

SPOTIFY had to pay a hefty license fee to operate and in the US they had to give up half the company.
BEATS also had to pay a license to the record labels and give up some equity.
APPLE also paid the labels to license their music.
GOOGLE, AMAZON and PANDORA also have paid the labels. The list just goes on.

Some could argue that the artists, producers and songwriters got paid a decent advance for their music. And the norm in the past has been to give the songwriters and the producers a modest advance for their work in exchange for any future royalties earned. But at that time when the advance is paid no one knows how big that potential song or album could be. Or vice versa, no one knows how bad that song or album could be. But if the song or album does blow up, it doesn’t mean that the producer or the songwriter will start getting some decent royalties.

Because then the maths start to get more complicated due to that record label black hole formula known as RECOUPED. When that formula starts to be applied to any money earned from royalties there is a 99.9% chance that the artists will not receive a cent.

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Classic Songs to Be Discovered, Derivative Works, Influenced, Music, My Stories, Unsung Heroes

Luv Power From The Sacred Groove

By 1993, everything changed. The Record Labels threw their lots in with the Grunge movement, abandoning the majority of the hard rock and heavy metal bands they had on their roster. However, the hard rock and metal releases still kept on coming. The only issue was that they became harder to get in Australia.

My initial top ten at that time consisted off the following albums;

1. Vince Neil – Exposed
2. Coverdale Page – Coverdale Page
3. Blue Murder – Nothin’ But Trouble
4. George Lynch – Sacred Groove
5. Savatage – Edge Of Thorns
6. Aerosmith – Get A Grip
7. Meat Loaf – Bat Out Of Hell II: Back Into Hell
8. Candlebox – Candlebox
9. Scorpions – Face the Heat
10. Poison – Native Tongue

In five years time, the list would retroactively change to include Tool – Undertow, Smashing Pumpkins – Siamese Dream, Harem Scarem – Mood Swings, Death – Individual Thought Patterns and Rush – Counterparts.

But a real favourite of mine at that time was “Sacred Groove” from George Lynch. It is god damn solid album, combining guitar instrumentals with hard rock songs that featured some of the best singers.

The best instrumental track by far on the album is “Tierra Del Fuego”. A six-minute tour de force in Flamenco Hard Rock music.

Then you have the D-tuned instrumental, “Luv Power from the Mama Head”, which has all the trademarks riffs and licks that George Lynch is known for. From the outset it is prototypical Lynch and man I was hooked in by that groove.

Finally, there is a nice little Western sounding number in “I Will Remember” that Lynch also used when he returned to Dokken.

The best vocal track on the album is “We Don’t Own The World”, that has vocals by Matthew and Gunnar Nelson. The song is actually written by George Lynch and Don Dokken.

The intro guitar figure reminds me a little bit of “Street Of Dreams” from Rainbow, a little bit of “Woman From Tokyo” from Deep Purple and slightly reminiscent to “Nothing Can Keep Me From You” from Eric Johnson. I love that in a song.

Don Dokken was supposed to sing on the track, however he failed to show up at the studio. So Lynch got the Nelson twins who were in the studio next door recording the ill-fated “Imaginator” album, which ending up being rejected by Geffen and John Kalodner.

Prior to hearing this track, I really had no idea who the Nelson brothers where, however afterwards I sought them out and I came across their excellent “After The Rain” album that also features the great lead guitar talents of a certain Australian called Brett Garsed.

“Flesh And Blood” based on the album sequencing is actually the first vocal song. It is written by George Lynch and Jeff Pilson and this time it has the excellent Ray Gillen on vocals. This is a rare gem as Ray was to pass away that same year. That awesome groove sets it up and Lynch owns that solo. How good is that whammy bar trill lick that kicks it off? Then Ray Gillen just takes over on the outro.

Glenn Hughes involvement with George Lynch goes back to the Lynch Mob days, when he recorded scratch vocals on the second album, so that new singer Robert Mason could follow. On Lynch’s first proper solo outing, he sings on two songs, “Not Necessary Evil” and “Cry Of The Brave”. Both of the songs have music written by Lynch and lyrics by Hughes. This period of Hughes’s career is the one I like the most. He was everywhere. Solo project, George Lynch, John Norum, blues project and many more.

It’s a shame that we never saw further collaborations between Lynch and Nelson or Lynch N Gillen album or Lynch N Hughes. album.

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Copyright, Music, My Stories, Stupidity, Treating Fans Like Shit, Unsung Heroes

The “Respect Act” Does Nothing For The Artists But Everything For The RIAA and SoundExchange

I have been doing some reading on the “Respect Act” that is being pushed by SoundExchange the performance rights organization in the US that collects royalties. So the 1976 Copyright Act, made sound recordings from 1972 and after covered leaving all pre-1972 sound recordings in legal no mans land. Proponents for these recordings have suggested that one way forward is to retroactively say that all pre-1972 sound recordings are under federal copyright law.

BUT….

The RIAA has battled tooth and nail against this. Here are the reasons why;

Did you know that the copyright under state laws lasts so much longer. So in turn the record labels get to keep the copyright for a longer period. So the Record Labels and the RIAA like this.

Did you know that the copyright under state laws does not have any termination rights. The Record labels and the RIAA like this. In the 1976 Copyright Act, the original creator is allowed to take back their copyrights for all recordings released in 1978 and after. The Record Labels and the RIAA don’t like this and this is one of the main reasons why the RIAA has battled hard to not put PRE-1972 Recordings under FEDERAL COPYRIGHT.

Did you know that the copyright under state laws does not have a public performance right. That means that there are no necessary licenses for the streaming of such works. And it has been accepted in this way for over 40 years. And the “RESPECT Act” would only extend the performance rights part of the state laws to pre-1972 sound recordings, while leaving everything else about those works uncovered by federal copyright law. So the RIAA with SoundExchange is putting only the parts of copyright law that it likes on pre-1972 sound recordings, while keeping the remainder under state laws.

Yep it sure sounds like some RESPECT for the artists. This is from the press release;

“Project72 kicks off with an open letter, signed by more than 70 recording artists, calling on digital radio to treat all sound recordings equally and to “pay for all the music they play.”

I like how they emphasise the “pay for all the music they play.” So who will actually get paid? History has dictated that it will not be the artist.

I remember reading a statement from Roger McGuinn that he made before the U.S. Senate Judiciary Committee on July 11, 2000. And yes he is a supporter of “Project 72”.

Hello, my name is Roger McGuinn. My experience in the music business began in 1960 with my recording of “Tonight In Person” on RCA Records. I played guitar and banjo for the folk group the “Limeliters.” I subsequently recorded two albums with the folk group the “Chad Mitchell Trio.” I toured and recorded with Bobby Darin and was the musical director of Judy Collins’ third album. In each of those situations I was not a royalty artist, but a musician for hire.

My first position as a royalty artist came in 1964 when I signed a recording contract with Columbia Records as the leader of the folk-rock band the “Byrds.” During my tenure with the Byrds I recorded over fifteen albums. In most cases a modest advance against royalties was all the money I received for my participation in these recording projects.

In 1973 my work with the Byrds ended. I embarked on a solo recording career on Columbia Records, and recorded five albums. The only money I’ve received for these albums was the modest advance paid prior to each recording.

In 1977 I recorded three albums for Capitol Records in the group “McGuinn, Clark, and Hillman.” Even though the song “Don’t You Write Her Off” was a top 40 hit, the only money I received from Capitol Records was in the form of a modest advance.

In 1989 I recorded a solo CD, “Back from Rio”, for Arista Records. This CD sold approximately 500,000 copies worldwide, and aside from a modest advance, I have received no royalties from that project.

The same is true of my 1996 recording of “Live From Mars” for Hollywood Records. In all cases the publicity generated by having recordings available and promoted on radio created an audience for my live performances. My performing work is how I make my living. Even though I’ve recorded over twenty-five records, I cannot support my family on record royalties alone.

In a Ultimate Classic Rock interview, Roger McGuinn mentioned the following;

“In my case, I recorded ‘So You Want to Be a Rock ‘n’ Roll Star’ with Chris Hillman and the Byrds. Chris and I wrote it in ’67 and it was on our ‘Younger Than Yesterday’ album that came out that year. Then Patti Smith covered it in the ‘70s and Tom Petty covered it in the mid-‘80s and they both get paid royalties for performance but the Byrds don’t. It doesn’t seem fair.”

The RESPECT Act would still not change the part about getting paid royalties from the cover versions that people made of the song and the unfortunate part is that most of the royalties paid for digital streaming would go to the record labels who only paid him a small advance.

Did you also know that George Holding, the American Representative that is bringing in the legislation used to work for a law firm called Kilpatrick Townsend & Stockton that is well-known for its intellectual property practice. Sure sounds like a lot of RESPECT for the artists.

Did you also that John Conyer, the American Representative that is also supporting the legislation was involved in a copyright controversy when he opposed a bill that would make federally funded research freely available to the public. Conyers was influenced by publishing houses who contributed significant money to him.

Did you also know that Mark Farner, of Grand Funk Railroad would still not get a cent from his pre-1972 songs because after a dispute with the band’s manager over his $350 a week employee payments, he had to give up all the rights to the music.

I am all for artists getting paid. BUT in this case they are being used. They will not see a cent of these monies.

Another great article on the subject.

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A to Z of Making It, Classic Songs to Be Discovered, Music, My Stories, Unsung Heroes

Daybreak Embrace And The Music Business

Let me tell you a truth.

Once upon a time, back in the Record Label controlled music business no one would have heard any music from Daybreak Embrace is outside of their South Florida scene. Back then, bands would release independent EP’s and singles in the hope to generate a big enough buzz at their live shows that they would get signed. Then once they got signed there was no guarantee that the band would still get a chance to release music on that label.

So a band like Daybreak Embrace could be at it for a long time before the world could get a chance to hear their music. However that is not the case in 2014. And I for one, am glad about that.

I really enjoyed Daybreak Embrace’s 2010 EP “Tomorrow Awaits”. From that EP “Thirty–Six” is a dead set classic and “Sanctuary” is not that far behind. This is where people should start.

So I was curious as to what new music they had released since then.

I go to Spotify, type in their name and I see that they have new music. The “Mercury” EP was released in 2013. Damn, how did I miss that. The Modern Rock scene in the U.S is a very crowded marketplace. You have bands like Shinedown, Three Days Grace, Three Doors Down, Alter Bridge, Lifehouse and many more. So if a band is to rise above the saturated marketplace, then they need to be great.

Producer and songwriter, “Paul Trust” has played a big part in recording the band at a high level. Sometimes all bands need these kind of experienced people. Daybreak Embrace by the way is James Wamsley (vocals), Giann Rubio (drums), Dan Cartagena (lead guitar), Keneth Figueroa (guitar) and Dani Costa (bass).

Yep, I know they are not rock star names like Slash, Nikki Sixx, Jay Jay French or Ace Frehley. But that doesn’t mean they don’t rock.

With all the beautiful things that the Internet has brought us, one thing hasn’t changed.

It is still difficult for a band to get attention and the odds of success are still very low.

However good bands always came from left field and from a place completely unexpected. They are around for years before they are fully embraced. Like all technological startups there are early adopters before critical mass.

For any band, first comes the music and then comes the fan base.

For managers and record labels, they don’t care what the music sounds like. They only care that it has an audience.

And that is the hardest part for any band. Proving that it has an audience so that they can gain entrance into a bigger league. And that doesn’t happen overnight or within a year or within five years. Remember that every overnight sensation is years in the making.

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