Category Archives: Copyright

Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity

What If Led Zeppelin Decided To Start Taking Bands To Court for Copying Them?

The “Stairway To Heaven” case is the tip of the iceberg for cases like this.

Mark my words, Metallica (or the corporations who will own the Metallica copyrights in the years ahead) will be sued for plagiarism by the corporations and heirs of artists from the NWOBHM movement that Metallica used on their first three albums, and the California skate-punk band they ripped off for “Enter Sandman”.

Remember Copyright was designed to encourage creativity, but in the hands of corporations and heirs of the actual creators (who never should have held the Copyright of a deceased artist), copyright is now building up to have the opposite effect, “discouraging, rather than stimulating, music creativity.”

As the Conversation article states;

“I don’t think that it is appropriate to consider the act of devising a tune that simply has the same “feel” and “groove” as another as copyright infringement. This is how music creativity often works. Musicians frequently build upon earlier arrangements and styles, and so the increasing occurrence of cases such as these should give us pause.”

“Borrowing from earlier pieces is a structural element of music creation in many genres (a tune cannot always be created from scratch by just improvising). Classical music composers such as Handel, Beethoven, Shubert, Mozart, Bach and Puccini all significantly borrowed from earlier colleagues. The same holds true for jazz (which has built upon popular music and opera), rockabilly (influenced by country), rhythm and blues (which derives from boogie-woogie and gospel) and the Jamaican music scene (where traditionally covering and arranging each other’s tunes was widespread and largely accepted).”

Now, the term “original” means “not the same as anything or anyone else and therefore special and interesting”. It would be difficult to find a musician who has never listened to music written by someone else.

And yes, there are artists that did do something that “sounded not like anything else”, however if you take away the sonics, the root notes of every song are tied back to a composition that came before it and so forth. Even the evil sounding tri-tone made famous in the song “Black Sabbath” has its roots to classical music. The whole British Rock invasion of the Sixties was tied to the American blues of the Thirties.

It’s pretty safe to say that the majority of music out there is unoriginal.

Just think of how many metal and hard rocks songs have a riff over an A pedal point or an E pedal point that sounds similar in feel and groove?

But for some reason, our litigious society wants music to follow the same citing mechanisms as a University essay, with citations, footnotes and a discography of music used as an influence for the song.

At the root of it all is the descending bass line, played in the same key and an attorney called Francis Malofiy, who is well-known at bringing copyright infringement suits against any song that sounds similar to another because the acts/estates he represents are so original and their music could not have been influenced by other .

It’s easy to sue Led Zeppelin, because others have done it and its well-known that Jimmy Page likes to build on past works. But man, Led Zeppelin, actually Page and Plant in particular can sue a whole generation of artists for copying their feel and groove.

Let’s start with the most obvious (of the top of my head);

  • Robert Plant to sue David Coverdale from Whitesnake for copying Plant’s vocal feel in every Whitesnake song between 1978 and 1982.
  • Robert Pant to sue Lenny Wolf from Kingdom Come for copying Plant’s vocal feel and phrasing in every Kingdom Song between 1988 and 2016.
  • Jimmy Page to sue Lenny Wolf from Kingdom Come for copying “Kashmir” and calling the song “Get It On”.
  • Robert Plant to sue Randy Jackson from Zebra for copying Plant’s vocal feel
  • Jimmy Page and the Bonham estate to sue Coheed and Cambria for the song “Welcome Home” because it sounds a lot like “Kashmir” and for the drums having the same feel and groove as “Kashmir”.
  • Jimmy Page suing Tool because songs on “Aenima” sound a lot like “No Quarter”.
  • Jimmy Page and Robert Plant suing Billy Squier for the verse in “You Should Be High Lover” because it sounds a lot like “Black Dog”.
  • Jimmy Page and Robert Plant suing Wolfmother for the song “Woman”.
  • Jimmy Page suing Jet, for the song “Cold Hard Bitch” and how it sounds a lot like “Communication Breakdown”.
  • Jimmy Page suing Soundgarden for “Pretty Noose” because it sounds like the love child of “Kashmir” and “Whole Lotta Love”.
  • Jimmy Page suing Steve Vai for a three note sequence in his song “The Attitude Song” that is derived from “The Ocean”.

See the absurdity of it all.

I am sure there are a million bands out there that have ripped off Led Zeppelin and there are a million acts that Led Zeppelin has ripped off. But Led Zeppelin made what came before, BETTER and made a lot of MONEY from it.

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Classic Songs to Be Discovered, Copyright, Derivative Works, Influenced, Music, My Stories, Piracy

A Little Bit More Of A Little Ain’t Enough

A Little Ain’t Enough is the third studio album by David Lee Roth, released in January 1991 through Warner Music Group.

It was certified gold on April 11, 1991 and by 1996, it was out of print. Funny that.

You see, back then, this meant that the only way to get the album was via the second-hand record/Cd store or by finding a brick and mortar store that had a new copy not sold yet from the original print run.

“Out of print” in record label speak means that the album wasn’t selling enough for the record label to keep a master press waiting to produce more copies. When the music industry was controlled by the record labels these kinds of scenarios were real and often. However, in the era of streaming, the music is never out of print. It is available 24/7, at your fingertips.

And if we never had copyright infringement, we never would have had streaming.

Anyway, in the February 1991 issue of Hot Metal (Australia’s Premier Metal Mag) there was a review of the “A Little Aint Enough” album. It was reviewed by Robyn Doreian who at the time was also the Editor of the magazine. She gave it four skulls out of five.

Here it is in italics. The non-italics are my extra comments to the review.

Diamond Dave is one of the TRUE stars left in the music business today.

He’s in a category of his own in that he has re-defined the parameters of music to suit his individual flamboyant tastes and not without a hint of tongue in cheek humour. I mean, who else can resurrect a bargain bin tune like “That’s Life”, and transform it into a glitzy Hollywood-style bump and grind production…

David Lee Roth invented the word “show business!”.

Since departing the near-legendary Van Halen, he’s collaborated with the likes of Steve Vai, Billy Sheehan and Greg Bissonette to produce several fine solo albums, reaching the pinnacle with 1986’s “Eat Em And Smile”.

Gone are the old crew, with only Bissonette remaining, while the rest of the musicians are hired hands. I must admit, at times I find myself pining for the supremo guitarmanship of Steve Vai, as those two egocentric characters truly shone together musically, and Jason Becker must have found it difficult to fill the shows of his predecessor.

The guitar magazines I was purchasing all spoke about Jason Becker and how this album would cement his status as a bonafide guitar hero. By 1990, Becker had already released two Cacophony albums with co-guitarist Marty Friedman, as well as his debut solo album, “Perpetual Burn”. Marty Friedman was already cementing his stature in Megadeth and the guitar community waited for Becker to do the same with a known entity or band.

Little did we know that Becker would be struck down with ALS (Lou Gehrig’s Disease). Initially, Becker’s life expectancy from the doctors was set to three to five years. He outlived that terminal diagnosis. By 1996, Becker lost the ability to speak. His father along with Jason developed a way to communicate via eye movements.

This time around with his fourth effort, “A Little Aint Enough”, we see Diamond Dave coming up with a more diverse sound incorporating his favourite source of inspiration – the blues – plus his trademark stomping in our face rock and roll.

The first track, “Lil’ Ain’t Enough” is Roth through and through with its rifferama on full overdrive and overabundant vocals filing every conceivable crevice. Along the way we are treated to loads of bluesy-type tunes such as “Hammerhead Shark”, “Sensible Shoes” and “Dogtown Shuffle”. More than apparent on the punchy “Last Call”, one cannot help but notice the obvious similarity in riffs to Aerosmith’s “Walk This Way”. A tad blatant perhaps…

All of the trademarks of David Lee Roth are here in full swing. Be warned he’s back – but then again he’s never really been away!

To me it wasn’t an album about favourite tracks. It was an album about moods and a certain section in each song. To me “moods” is the essence of rock music. Typical of the MTV era, the record had three to four quality songs.

So let’s digest the album.

The Good

The opening title track “A Lil’ Ain’t Enough” is written by Robbie Nevil and David Lee Roth and the obvious leadoff single. Actually, what a strange fucking combination in songwriters. Robbie Nevil is the dude that wrote and had a hit with “Cest La Vie”, a song I really disliked.

Was vaccinated with a phonograph needle one summer break

What a line. How many people can relate to the above lyric?

Summer and music go hand in hand.

“Lady Luck” is written by ex Dio guitarist Craig Goldy and Roth. This song deserved to be the second single. I dig the “Dream Evil” sounding riff. It’s even got Dio-esque lyrics. The below is from “Lady Luck”.

I’m off an’ runnin’
Clear off the beaten path
I don’t know where I’m headed
But I know that I ain’t comin’ back

Meanwhile, the Dio song “I Could Have Been A Dreamer has “Running with the wolf pack / Feel like I’m never coming back”.

“Sensible Shoes” is written by another songwriting committee. This time it is Dennis Morgan, David Lee Roth and Preston Sturges. Back in ’91’ I was like, who are these guys?  Regardless, what was the label or Roth thinking about releasing it as a single. I would have released “The Dogtown Shuffle”, a tune written by the band at the time, Steven Hunter, Roth and Brett Tuggle. It’s got a groove that swings and it’s far superior.

“The Dogtown Shuffle”

Ain’t too much distance ‘tween a pat on the back
And a kick in the pants

Brilliant lyrics and so much truth.

Buried deep at the tail end of the album are the Jason Becker and David Lee Roth penned tunes, “It’s Showtime!” and “Drop in the Bucket”. “It’s Showtime” should have a single.

“It’s Showtime!”

We’ll need 10 percent and that’s off the top
Gross, not net to me
Here today, gone late today
And it’s club dates in the sticks

That’s showtime for you.

Just leave your name and number
In the dumpster when you’re through
Oh yeah
Don’t call us, we’ll call you

The Underrated

“Shoot It” is very Rolling Stones sounding, merged with Free “All Right Now”.

“Baby’s on Fire” has this “Immigrant Song” drum groove that I love.

“40 Below” is another rocker that reminds me of “All In The Name Of Rock” from Motley Crue.

The Filler

The single “Tell the Truth” sounds too much like “Black Velvet” for me to like.

“Hammerhead Shark” just didn’t belong on the album. It’s pedestrian at best.

“Last Call” should have been called “Walk This Way”.

 

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

The Past Is Done. The Future Is Here.

The Internet age.

Where everything is thrown against a wall and whatever sticks, ends up lasting forever.

In other words, first week sale numbers don’t mean a thing. The scorched earth publicity and marketing push by the label for an album release don’t mean a thing.

If any artist is focusing on the here and now, its contra to the way  the music business works in the connected Internet era. We’re (the fans) are only concerned with what lasts.

But the media tries to sell it so that everybody who is involved in music deserves to be rich from music. But how many are willing to do the work, especially when nobody’s paying attention to them.

Being in music isn’t about the highs or lows, winning and losing. It’s about surviving.

Here is a little secret.

The ones that end up winning in the future are creating their catalogues away from the radar, in stealth mode.

And it’s not easy.

Every musician is competing against the means of production. The costs to create content are low and we (the people) are overwhelmed.

What do we read, what do we watch and what do we listen to?

Everybody’s got a book to read, a documentary to watch, a track to listen to and no one’s got time to do it all. The last four years of my Guitar World subscription are still in the plastic wrappers the magazines came in.

Unopened. As a subscriber since 1986, I thought I would keep it going until this year is over. So January 2017 is my last issue.

The last time I read the magazine, it sounded like the article was written by the PR company instead of the actual journalist. There was no guts to the story and there was no in-depth analysis. Nothing at all. Gone are the days when Wolf Marshall used to go In Deep into players styles and so forth.

But the press over the last fifteen years believes it must promote everything and is rarely critical. And the press is missing the point how we are in the midst of a revolution, living in an era of chaos that will not last forever. But no one is reporting it. It’s all about piracy, copyright trolls, Spotify royalties or something so far removed from the real issue.

Fewer people will be successful from now on than before, despite everyone being able to create. We are going to have just superstars and niches.

And for all of those rock bands and metal bands, guess what, it’s still about the one song that hooks people in. But not all people. The entire world doesn’t live and breathe music. Remember that in your quest for global dominance.

And one last thing.

Spotify is not the problem, YouTube is. YouTube has more visitors and pays less. At least on Spotify you get the whole album along with the “song” that draws people in. Notice on YouTube it’s never the whole album. Yeah I know that some user accounts on YouTube have the whole album up but you need to look for them, go deep. So if you are in the album game, then you want your fans going to Spotify. But not a lot of artists are willing to say that.

But the album is fading. Yeah I know it makes great profits, but a 70 minute album with two good songs is a bad fit for today’s listeners. We don’t have time to listen to an album twenty times to get it. That’s what we did when we had no cash and could only afford one disc. But that was in the past. You don’t see the telegram and analog mobiles coming back.

The past is done. The future is here.

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Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity, Treating Fans Like Shit

There Is A Reason Why Copyright Terms Are Very Long

There is a reason why Copyright terms are very long.

Yep, older recordings are outselling newer recordings. So instead of those older recordings being in the public domain as they should have been, they are locked up for terms that seem like they will never end.

So what does this tell us about people and music consumption?

We don’t mind purchasing music, especially music recorded a long time ago which has shown itself as enduring and forever. Hell in twenty years’ time, don’t be surprised if “Hail To The King” and “The Blackening” are outselling all before them. But in 20 years’ time, who would benefit from those catalogue sales.

Would Robb Flynn from Machine Head (or the rest of the guys that played and performed on the album) benefit from those catalogue sales?

Same deal for Avenged Sevenfold.

“Hamlet” by Shakespeare is the biggest seller when it comes to books. The book was written in the 16th century, in the public domain for centuries after that and people still could make money from it. So is the public domain such a bad thing.

Would Hamlet be as popular today if it was locked away under copyright protectionist practices.

Think of all of the people who have made money from longer Copyright terms.

  • Lawyers (from all of the lawsuits)
  • Record Labels (from signing artists to one-sided contracts)
  • Publishing/Licensing Agencies (set up by the record labels, so they could double dip)
  • Collection Agencies (set up the record labels, so they could triple dip)

Each song I write has two separate copyrights. One for the sound recording and the other for the musical work.

If I sign a record deal, the label will licence the rights to exploit the ‘sound recording’ copyright from me (and then own it for a long time) and the publisher (an agency set up the label) will take care of my ‘musical work’ copyrights. Who benefits from this arrangement in the long run?

If I write a song with other people, I would need to put a contract in place that agrees on the percentage splits.

If I write a song and I have a session musician or just a friend who comes in to play an instrument, I would need to have an agreement in place (via writing, which means lawyers) about what payment they will get for playing on the song and how does that transfer over to royalty payments down the line on the sound recording.

Because Copyright Laws are written to suit the interests of the Corporations who licence (in other words, own) copyrights, we live in a world where copyright is a mess.

A court decided that Robin Thicke and Pharrell Williams are guilty of copyright infringement for their hit song “Blurred Lines,” because of a “feel”. The court ordered the duo to pay $7.4 million to the estate of Marvin Gaye.

Yes, that’s right, the children of Marvin Gaye, who have contributed nothing to the musical industry have a secure pension fund set up because copyright terms changed to include another 70 years after death. The Corporations give them a bone, while they take in the gold.

The bigger the song, expect the lawsuit to come.

Even when people do get clearances to use the music of another artist, they still get sued. The Verve’s Richard Ashcroft negotiated a cost to use a sample from the Rolling Stones ““The Last Time” for “Bitter Sweet Symphony”. The Stones sued after, when the song became a hit, because the sample that was cleared was the song.

In the end, Copyright is important for a creator, however the current mess that is known as Copyright, benefits the Corporation, otherwise known as the Record Labels, the Movie Studios, the Publishing and Collection Agencies and of course, the Lawyers more than the creator.

John Fogerty said something similar like “Get yourself a lawyer to look over the contract and then get yourself another lawyer to look over the contract and what the other lawyer said” after he was duped out of his Creedence songs;

For those that don’t know, I will let Wikipedia tell his story about being sued for copyright infringement because he copied himself;

John Fogerty was the lead singer of the popular rock group Creedence Clearwater Revival. In 1970, while part of the group, he wrote the song “Run Through the Jungle.” Fantasy Records, the record label to which Creedence Clearwater Revival was signed, eventually acquired the exclusive publishing rights to the song.

Creedence Clearwater Revival disbanded in 1972, and Fogerty began a solo career with another music label. In 1985, Fogerty published the song “The Old Man Down the Road”, which he released on Warner Bros. Records.

Fantasy sued Fogerty for copyright infringement, claiming that “The Old Man Down the Road” was essentially the music to “Run Through the Jungle” with new words.

So I end this post, the same way I started it; there is a reason why Copyright terms are very long.

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

CrueVice

“I don’t tell artists what they want to hear, I tell them what I know to be true.”
Allen Kovac – Manager 

By the end of the Eighties and the early Nineties, Motley Crue was an arena band. By the beginning of the two thousands, the arena crowds of the Eighties and early Nineties had withered down to the loyalist crowds of a club/theatre act. The change of musical climate didn’t help matters. The change of lead singers during this period also didn’t help matters. The polarizing “Generation Swine” album and the B grade “New Tattoo” didn’t help matters. Cancelled tours and shows also didn’t help matters. As a fan, you had a sense that the glory days of the past were over.

But little did the fans know that in 1994, Nikki Sixx cleaned out the old management team and in comes Allen Kovac.

“At the time, they were very dysfunctional. I said (to them) I wasn’t going to take them on unless they had an operating agreement that allowed us to make decisions in a more businesslike way, with shareholders meetings and board of directors meetings. There’s still plenty of chaos in this band, but because of the operating structure, they succeed.”
Allen Kovac

Nikki Sixx was given a tie-breaking vote. From then on, Motley Crue was reborn and the decisions made during those years came to fruition in 2003, when a newly reformed Motley Crue started to play sold out shows around the world. It’s important to note that two very important events also happened during this 9 year period.

  • In 1998, Motley Crue got control of their recorded masters and publishing. This was unprecedented in the recording business as all the income the record labels derive is from exploiting the recorded masters, however Motley Crue pulled it off and a few years ago so did Metallica.
  • In 2001, “The Dirt” brought a worded element to the visual and audio shenanigans that is Motley Crue.

“Without owning their own masters and publishing, I don’t know if there would have been a Mötley Crüe in the lean years. It’s part of having multiple sources of income for your business, not just one.”
Allen Kovac

“That book became a tent post. We marketed it like a record and we dropped a greatest hits album with it. Some people said, ‘This book could be career suicide for you,’ but it has connected with so many people.”
Allen Kovac

In 2005, after 25 years of Motley Crue, Nikki Sixx wanted to do other things.

“We had to face reality. I told Nikki the truth: out of all of Motley, you’re the least known. The guitar player [Mick Mars] was in all the guitar magazines, the drummer [Tommy Lee] had been a celebrity for decades and the singer [Vince Neil] is the front man. We had to think creatively to get over that barrier.”
Allen Kovac

To get over the barrier, Kovac encouraged the book and music release of a journal that Sixx kept from 1987. “The Heroin Diaries: A Year In The Life Of A Shattered Rock Star” was released in 2007. The rise of Nikki was beginning. Kovacs then pitched the idea of a radio station on iHeart Radio. Sixx Sense arrived in 2010.

“Nikki now makes more money from his radio show than he does in Motley Crue.”
Allen Kovac

The radio franchise gets half of the generated ad revenue.

And guess what Sixx AM are doing next?

Yep, that’s right, they are releasing a double album in 2016, months apart.

Allen Kovac tested the waters of a double release with Five Finger Death Punch a few years back to great success. In 2013, Kovac pushed to the band to record 2 albums worth of material and release them only months apart. Then he put them on the road supporting Avenged Sevenfold, which saw less money in appearance fees but more money in from merch sales. In 2015, “Got Your Six” was one of the biggest selling metal/rock albums for the year.

“I met with Jeff [Kwatinetz, FFDP’s label boss and former manager] and said, look, I can make Five Finger a global arena band, but there’s no way to do it if the label deal keeps taking merch and touring income so aggressively. Eventually, he agreed; it became a true partnership.”
Allen Kovac 

People can jump up and down about streaming payouts or piracy.

Others just move on to other revenue streams. They adapt.

In music it’s always been about the art (song writing/music) first and money and commerce is a by-product of the song writing.

When the music business was controlled by the record labels, it was booming because of the income derived from CD sales and block buster albums. So the advances/budgets were huge and people were conditioned to believe that it was all golden brick roads forever.

The truth is, music is still booming. There is more money in music right now than there has ever been. However the labels don’t control the distribution. There are other key players. Instead of the brick and mortar record shops, we have online music shops. Instead of ownership we have access.

Tell me how many anti-piracy laws have been passed over the last 50 years and then tell me how many of those laws have had an effect on piracy. Think back all the way back to when cassettes came out.

In my view, the legacy players have no desire to stop piracy. It is an excuse they use to take back control of the distribution of music. The record labels want it be like the old way, where the only way to create quality music required expensive studios and the only way to be heard was to sign a recording contract stacked in the record labels favour. So what is an artist to do where exploitation is the name of the game when it comes to music?

Arm yourselves with information. Don’t buy in to every headline that reads “Piracy decimated the music business”, “Spotify decimated the music business” and so on. Read more and read far and wide. Google is at your fingertips.

If you start to make money, surround yourself with people who challenge you and tell you the truth. And be prepared to adjust your vision time and time again and be prepared to fail as well because if failure is not an option, then neither is success. I think Seth Godin said that once. Because in the band that created “Dr Feelgood” also created “Generation Swine”.

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Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity

The Public Domain Issue

January 1 of each new year is meant to be when certain works come out of copyright and into the Public Domain. However, each year, the Corporations in charge seem to lobby hard to get the terms extended. As such, the public domain is becoming less and less.

An artist is bringing a class action suit against Spotify for Copyright Infringement. It’s a perfect example of how far removed copyright is at this point in time, especially when Spotify obtained the music they have on their service from the record labels. The users didn’t upload it. Is YouTube such a perfect citizen when it comes to paying for mechanical licenses?

The case to free “Happy Birthday To You” a song penned in 1893 and still under the copyright control of a corporation is another example of the great Copyright Hijack.

The whole “Santa Claus Is Comin’ To Town” copyright suit is another example of what a farce copyright is. A corporation had the rights to the song and they made a lot of money from licensing it out. Now a judge has ruled that the rights will go back to the children of the creators. It’s worth noting that the creators of the song died between 1975 and 1985. As far as I am concerned this song from the 1930’s is MEANT to be in the Public Domain and out of copyright. Read the article to see the absurdity of it all.

Here is another example of copyright stupidity.

Canada had shorter copyright terms, which meant early Beatles recordings entered the public domain. The record labels didn’t like this, so they lobbied/bribed hard in secret and copyright was extended on sound recordings for 20 years that are still under copyright without any debate or public discussion. Anyway a company called Stargrove Entertainment saw an opportunity to make money by releasing a CD of public domain Beatles music. By default it became a top seller in Canada and that’s when the Empire known as the Record Labels decided to strike back, because hey, the 60 year monopoly they had on the sound recordings was not enough.

Some of the Record Labels tricks included;

  • While the sound recordings are in the public domain, the compositions remain under copyright. So Stargrove paid the standard licensing fee and the record labels via the publishing companies they owned, decided to not approve the mechanical license and refunded Stargrove’s royalty payment.
  • Universal then interfered with the distributor so they could resolve “the public domain issue.”
  • Universal started posting negative reviews online of the Beatles CD.

Let’s remember the purpose of copyright. It gives the creator the right to stop people from copying their works for a certain period of time. Basically it is a monopoly given to the creator, so they have an incentive to create more works. Once upon a time that monopoly lasted 14 years and as soon as corporate entities started to make money from this monopoly, the length of time increased to life of the author plus seventy years.

In order for creators to be granted a monopoly on their works for a period of time, the trade-off was that once the copyright term expired, the works would fall into the public domain, which would mean they could be shared, adapted, improved, remixed and basically new stories be created.

I am still dumbfounded as to how people believe that a copyright term of 70 years after the death of the creator is a normal copyright term.

What incentive does a creator have to create more works when they have departed the land of the living?

It’s all about money and its driven by the blockbuster albums that continue to make money for decades. However, the majority of other creative works might have enjoyed a brief window of success and sales during a period of time and their value is very low compared to the block buster releases. Labels try to sign the artist for five albums on a 360 deal, with the promise to negotiate the original deal depending on how hot the artist becomes. It never happens without any incidence or litigation.

For example, Dokken and RATT had platinum certifications in the Eighties. If you look at their output it was five albums. The label made money and the bands saw money and success. In 2015, the value of their musical output is not the same in the eyes of the corporations compared to the value of Bon Jovi’s, Metallica, Motley Crue or Bruce Springsteen output. Metallica wasn’t as big as Ratt and Dokken in the Eighties, but we all know how that turned out after the behemoth “Black” album in the Nineties.

So from a copyright term perspective, the self-titled Metallica album is of a higher value compared to Dokken’s or RATT’s discography. And it is because of these blockbuster albums that Copyright terms get extended. Metallica and their heirs or the corporate entity that will own their rights will get richer while Dokken and Ratt fade into obscurity, locked up in 100 year copyright terms.

This article states that Copyright should be about 30 years.

Copyright should last a more-than-generous 30 years, and no longer. The Lord of the Rings would have been in the public domain in 1986, 13 years after Tolkien’s death. He would have been fine and his great trilogy would still have been written. Mickey Mouse would have been in the public domain in 1959. A tiny minority of wealthy creators would be somewhat poorer under such a scheme. But our culture would be vastly richer.

That would mean “Smoke On The Water” would be in the public domain and not locked up for a century plus. It would mean the Black Album would be in the public domain by 2021 for others to build on and enhance. It would mean that “Were Not Gonna Take It” would have entered the public domain in 2014.

I am sure Deep Purple, Metallica and Twisted Sister would be able to cope with that?

It would mean that Dokken and Ratt songs from the Eighties would be in the Public Domain for people to build upon and re-create, which means the songs live on and our culture is richer. Cast your mind back to the whole Sixties British movement, including the Beatles success is due to building upon blues works from the 1930’s.

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Copyright, Music, My Stories, Stupidity

Ripped Off – Here Is My Middle Finger Salute

“Gettin’ ripped off, underpaid” ….. from “It’s A Long Way To The Top If You Wanna Rock ‘N’ Roll”

Bon Scott knew his stuff. For a person who had been trying to make it for a long time, he was well seasoned and experienced enough to come up with some great lyrics. He was a perfect fit to the youthism of the Young brothers. If you take the time to dig deep into his lyrics, you will notice a certain theme of being ripped off by promoters and record label execs, which is polar opposite to what artists are saying today. With so much backlash against streaming services and royalty payments, more and more artists are going on record to state that the “fan doesn’t support and respect music”.

So how can the music industry explain how bands that have performed live have not been paid the monies owed to them by the promoters?

The fans that supposedly “don’t support and respect music” purchased their $180 plus concert ticket. Surely this is a show of support to the acts on the bill that people value and respect music.

“So if you’ve got the money, we’ve got the sound,
You put it up and we’ll put it down,
If you got the dollar, we got the song,
Just wanna boogie woogie all night long” ….. from “Aint No Fun (Waiting Around To Be A Millionaire)”

For those that don’t know, the 2016 Soundwave Festival in Australia has been cancelled due to poor ticket sales. However, the roots of the problems go back. From the 2015 edition of Soundwave, a lot of bands are still owed money from their festival appearance.

For the full list, click on this link.

Here is a selection of a few;

The main artists;

  • Soundgarden — $2,132,075.00
  • Slipknot — $1,645,299.29
  • The Smashing Pumpkins — $1,267,446.43
  • Faith No More — $751,076.20
  • Marilyn Manson — $588,000.56
  • Incubus — $571,428.58
  • Slash — $484,628.00
  • Fall Out Boy — $394,107.14
  • Judas Priest — $349,560.55
  • Ministry — $203,952.01
  • Godsmack — $200,000.00
  • Lamb of God — $161,323.33

The medium-sized and self-financed artists;

  • Papa Roach — $93,050.93
  • Steel Panther — $92,517.57
  • Fear Factory — $78,263.96
  • Apocalyptica — $65,601.90
  • Falling In Reverse — $54,064.98
  • Atreyu — $52,044.64
  • New Found Glory — $43,279.88
  • Nothing More — $35,000.00
  • Of Mice and Men — $29,040.00
  • Killer Be Killed — $24,513.00
  • Escape the Fate — $21,985.68
  • Dragonforce — $21,000.00
  • Monuments — $19,153.00
  • Animals as Leaders — $16,607.14
  • Nonpoint — $8,137.54
  • Ne Obliviscaris — $5,720.60

Commissions to an agency for organising acts;

  • Live Nation Worldwide, Inc — $1,180,325.56

That’s some serious dollars taken from the hard-working hands of the fans and not paid to the artists. You see, a fan believes that the act would be getting their cut. It’s an unwritten law that it will happen. The fan also knows that the promoter, venue and so forth would also get their cut. Which in a lot of cases is more than the acts cut.

“Living on a shoe string,
A fifty cent millionaire,
Open to charity,
Rock ‘n’ roller welfare” ….. from “Down Payment Blues”

Life is tough and when you don’t get paid, it’s even tougher, because we all have other commitments that we need to make. So are the fans to blame again for not supporting music.

Are the fans to blame when managers, promoters and record labels rip off the artists?

“It’s a song (“I Believe In You) I wrote a long time ago. Well a long time before it got put on a record, which is kind of a drag in a way because our original managers ripped us off for our publishing (on) the first two Yesterday and Today records. We haven’t received a penny publishing to this day from those two records. I wrote “I Believe in You” about the time they were managing us so when I put it on the “Earthshaker” record well after they were gone they still took my publishing and never gave me a cent for “I Believe In You”. Anyway it was written a long time ago about a break up that I had with a long-time relationship I had with a girl so the song inspired itself more or less.”
Dave Meniketti 

There is a lot of money to be made in music and the fans are spending. The fans respect music and value music. It’s a shame that the corporate entities that benefit largely from the music that artists create don’t value and respect music in the same way.

Unless Artists make a stand and take back their copyrights or organise better rates for themselves when they sell/license their rights to the corporations, then that copyright royalty pay rise will just end up with the corporate entity the artists sold their copyrights too.

SoundExchange, the organization that collects royalties is considering an appeal at the Copyright Tribunals decision to increase the royalty rate that Pandora and other stations needs to pay.

Now why would SoundExchange want to do that?

It’s because they have collected over $3 billion dollars in royalties since 2003 and once you take their standard 30% administration costs, it adds up to a lot of money for SoundExchange for doing absolutely nothing. But they want more of that pie.

Artists as usual get short-changed by all of the corporations taking their cut. And even when they perform live, it looks like they are still being shafted by the promoters.

In Australia, the recording industry revenues are growing and have been since 2012. And what was the defining moment in 2012 that caused this shift in revenue.

Of course, it was the arrival of Spotify in May 2012.

And that is what fans of music do. We double dip. I like to stream and on occasions I love owning something physical from the artists that I support.

Since 2008, those physical purchases include only the special deluxe pieces of art that bands produce. To pay $30 for a DVD/CD special edition album release is just not worth it. I would rather pay the $12 a month Spotify subscription and access that digitally. Recently, I was one of 40,000 people who purchased Coheed and Cambria’s “The Color Before The Sun” Super Deluxe Edition for $70US and I am one of many who have pre-ordered Dream Theater’s new album “The Astonishing” for $170.

Music doesn’t exist without its best customer; the fan. So as a fan, here is a big middle finger salute to all of those comments about fans of music not respecting music.

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Copyright, Music, My Stories, Stupidity

Politics and Music

“We also license our music very aggressively. This is for two reasons: We derive a huge income stream from this exploitation, and our music reaches listeners in new ways, building more fans.”
Jay Jay French

There has been a bit of backlash to politicians and other movements using popular songs as backing tracks to their campaigns and demonstrations. “We’re Not Gonna Take It” was exploited by Arnie for his California Governor campaign and recently by Trump for his presidential bid. Both times, the TS machine allowed it to happen. However, in 2012 Dee Snider asked Republican vice-presidential candidate Paul Ryan to stop using the song, because he did not support Ryan.

Prior to Trump using “We’re Not Gonna Take It” he used songs from other artists.

Steven Tyler asked Donald Trump to stop using the power ballad “Dream On” at his campaigns. Trump responded by saying that he found a better song to take its place.

Trump was also asked to stop using, R.E.M.’s “It’s the End of the World as We Know It (And I Feel Fine)” and Neil Young’s “Rockin’ in The Free World”.

In Australia, anti-Islam rally groups started to use a song from Cold Chisel at their rallies, which had Jimmy Barnes (the vocalist) taking to his Facebook page to state that he did not support these groups using the music.

So what right do artists have if any, to stop these exploitations from happening?

Did you know that Neil Young was asking Trump for money for his stupid PONO music player before Trump decided to enter politics. Then months later, Young is asking Trump to stop using his music because he doesn’t agree with his viewpoints nor does he want to be associated with it.

How can it be that it is okay for people to purchase the music of the artists, but not okay for those same people to use the music of the artists to prove a point or get a message through.

Don’t we live in a democratic society, where freedom of speech is valued?.

And then that Copyright word is put out there. If an artist sells their copyright to a corporation for a fee, then what right do they have to “use copyright” as a censorship tool. They have sold their right. You can’t have it both ways.

If anyone has the right to complain, then it is the corporation.

So which way do artists want?

I have read articles where Dee Snider is even contemplating telling Trump to not use “Were Not Gonna Take It” anymore, however I hope he doesn’t do so.

Because, in the end, music needs people to thrive and it can be used by the people in many different ways. Many supporters of political campaigns and movements are music fans. So while the artist thinks that they are taking a stand against the politician or the movement, as a by product of taking that stand they are also taking a stand against their own fan base.

Now, people might come from different walks of life and have differing viewpoints on a range of issues. Just because an artist doesn’t agree with a viewpoint it doesn’t mean the people should be stopped from using songs that they grew up with or songs that could get their message across in a way no speech could.

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Copyright, Music, My Stories, Stupidity

How Long Until The Streaming Well Goes Dry?

“Musicians can go out and play to fill the gaping hole that the lack of record sales has created, but streaming has actually become the saving grace for record companies. But it really is to the point of such diminishing returns for musicians that I have no words to describe it. I would turn around and say, “Okay, let’s make this work,” but now I’m hearing that new contracts that are sent out from friends of mine who are lawyers, that record companies now want to pass on paying even streaming royalties because they consider streaming “promotion.” That is beyond a grey area.”
David Coverdale

Streaming and Spotify is the best thing to ever happen the music industry. It competed with piracy and more or less won the battle. It’s subscriber base is growing and people are moving from freemium to the pay model. Adele’s record label is withholding her album from streaming services, however Pandora is streaming it, because as it happens, Pandora is a radio station.

But it is a long game. As Coverdale alludes too, the record labels want to wither away the streaming money tree as well, claiming all of the licensing fees and royalty payments for themselves. All of those writers and musicians complaining about Spotify or another streaming service, need to complain about their labels and publishers.

Because the people who used to control music, have a short-term mindset. And it all comes down to money. Streaming service Rdio is gone, claiming bankruptcy. It didn’t have the user base to support the licensing fees it needed to pay. Pandora purchased it’s assets, however Pandora has its own problems with court cases (financed by the Record labels and the Publishers) around pre 72 recordings and royalty payments on those recordings and others. And it’s a battle for which service will win the streaming wars, as to the victor, 70% market share awaits them. Like how Facebook and Apple won the social media and phone wars.

The reason why the record labels are so powerful is because they have locked up culture and copyrights for a very long time. As I have posted before, “Smoke On The Water”, a song written in 1971, will still be under copyright once we enter the 2100’s. The writers/creators will have passed a long time before that, and there is a good chance that any heirs of theirs will also have moved on to the afterlife. But the main beneficiary in this copyright hijack, is the corporation.

So what we have in the music industry are Record Label Executives that contribute nothing to music, living it up, flying private, because they satisfy Wall Street and via their lobby group, the “RIAA”, fight to get laws approved to protect their business models.

“The old copyright model – the person who creates something owns it and anyone else that wants to use it or see it has to pay them – has expired in the same way that around the world you’re seeing structures and social norms [lapse] that were standard for many years. The old copyright model has expired. It can no longer exclusively control music.”
Steve Albini

The old copyright model only benefits the labels in this day and age, so it’s no surprise that they are fighting hard to get even longer copyright terms. It’s a monopoly they don’t want to lose, even at the expense of the public domain, because the public domain is how more works are generated.

The power to make change lies with the musicians.

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

Victory Records Saga

It’s been almost three weeks since Spotify pulled Victory Records catalogue of songs in a dispute over $23,000 in royalty payments to Another Victory, the Publishing Arm of Victory Records.

The Victory Records founder has stated in an email that somehow “found its way to the press” that if Victory’s catalogue of songs is not placed back on Spotify soon, with their histories and stream counts as they were, he would be forced to lay off staff and drop artists.

You see, it’s no longer about sales, but streams.

Did you see how Metallica, once anti-digital are on iTunes and Spotify? Did you see how Pink Floyd and Led Zeppelin also caved? It’s just a matter of time before the Beatles are there as well as the imitators of Beatles music are raking in due to holdout.

All the action is in streaming and that is where the artists need to be. The music business has undergone a revolution where a “hit song” is something people listen to forever and ever, not something which they buy once.

Forget about how the media trumpets Adele’s “25” as a music industry (it should be recording industry instead of music industry) saviour.

Adele’s figures of 1.1 million first week sales for her new single are impressive and news worthy. There is a limited supply of Adele music and she has a universal “mainstream” appeal (by the way all of the Eighties Hard Rock bands had this mainstream appeal with the backing of a cultural juggernaut in MTV). This in turn makes demand for her music very high.

As appealing as the first week numbers are, they are just numbers. A lot of the times the real hits are “slow burners”.

To use books as an example, Dan Brown’s “Angels and Demons” his second book, sold only 98 copies in its first week. It wasn’t until his fourth book “The DaVinci Code” which sold hundreds of millions that “Angels and Demons” got a second wind to the tune of about 40 million copies.

Five Finger Death Punch’s debut album only moved a couple of hundred copies when it came out. Within a few years it was certified “Gold” and it is still selling, almost 8 years later.

Def Leppard’s “Hysteria” was out for 12 months before it got a second wind on the backs of “Love Bites” and “Pour Some Sugar On Me”.

However, the tides of change set forth by the customer show that streaming is the way forward. Labels like Victory Records collect between 25 and 50 percent of their digital income from streaming services.

This whole saga highlights so many wrongs with the music business;

  • Lack of transparency
  • Bad data collection
  • The length of copyright terms means that heirs of the artists (kids, grandkids, step kids, business partners, lawyers, accountants, etc.) are “songwriters” of the song and they should be paid.
  • Who actually should be paid?
  • Missing money (about 25%) to songwriters due to all of the above not being met.
  • Artists selling away their copyrights to the labels for an instant pay-day (advance) and then the record label keeps all monies earned as “recoup costs” (charged expenses like recording costs, marketing budgets, advances) that the artist needs to pay back.
  • Who is the rights holder? The artist or the record label and/or publisher? Because it is the rights holder who is receiving the 70%. If a writer or artist isn’t seeing the money, the answer to their question can probably be found within their label or publisher contract.

But when artists are in control of their own copyrights with a lot fewer people in between, guess what happens. They actually make money if their music is listened too.

One song can earn a decent amount to the songwriter if there are fewer hands in the cookie jar. In the link, the take away line is that 10,929,203 streams on Spotify has resulted in royalty payments of $56,329.35 to the rights holder, which in this case is the artist and songwriter. If one song has been streamed that many times, by default, other songs from the artist will be streamed and the article talks about another song earning $37,000 from 11 million streams.

The consumers have made their choice that streaming has a future.

It’s time for artists to wake up and be smart about their choices when it comes to signing away their most valuable asset, their “COPYRIGHT”.

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