Category Archives: Copyright

Copyright, Derivative Works, Music, My Stories, Stupidity

Even More Abuses Of Copyright

Copyright, copyright, copyright.

What kind of world do we live in, where a law that is meant to give a creator a monopoly on their works and encourage creativity for a certain period of time is being used for everything else except creativity.

First up is Axl Rose. In the past he has used copyright (via the DMCA Takedown Notice Scheme) to shakedown websites over album leaks and now (via a shonky firm called Web Sheriff) is using copyright to take down unflattering pictures of himself.

Here we have a Government law, (the DMCA) used in the name of copyright as a censorship tool without any consequences for fake claims.

Next, is a company called Smart Circle who is going after a WordPress blogger that is critical of the company. It looks like Smart Circle didn’t like seeing pictures of their Executive Team with devil horns and fire put up on the blog. So of course, the company sent WordPress a takedown notice, however WordPress left them online. Freedom of speech and fair use comes into play here. As the Torrentfreak article states;

Not pleased with this decision, Smart Circle asked the court for a DMCA subpoena against the blog owner, which a clerk has now signed off on. This means that the company can compel WordPress.com to hand over the personal details of the blog owner.

Yep, it’s nice to see how copyright gets abused to take down the voices of others.

Next.

AMC, the creator of “The Walking Dead” TV show and HBO the creator of “Game Of Thrones” are ramping up their abuses of copyright to take down websites that are “predicting” what would happen or who would die in the TV shows. In both instances, AMC and HBO are accusing the people behind the websites/Facebook pages of violating copyright law.

“What the?” is the first thing that comes to mind. Here the DMCA is being used in the name of copyright to silence fans of the TV shows from talking about them.

For “The Walking Dead” forum users, if they post who they believe their Lucille victim is and if they are right, then AMC will sue them. Well anyone who has read the comic books or gone to Wikipedia to catch up on the comic book stories will see that Glen is the Lucille victim. If the TV show chooses to run with that storyline then it’s no big secret is it.

So how does writing about it, lead to a copyright claim. Remember, copyright was designed to encourage creativity. It wasn’t designed to be used in a ridiculous manner by taking down websites/forums/Facebook pages, predicting what will happen in a TV show.

Then we have the many cases happening about “plagiarism” or “copyright theft” or “influence”.

“Stairway To Heaven” is going to court, almost 50 years after the song was released. Was copyright created to serve the heirs of creators and be used as a pension fund by these people.

Ed Sheeran is going to court because two Californian songwriters claim that they were ripped off. In a nut shell, the songwriters wrote a song called “Amazing” which was used by an X Factor winner and retitled “Amazing 2”. The songwriters then claim that “Amazing 2” was copied by Ed Sheeran and called “Photograph”.

“The chorus sections of Amazing and the infringing Photograph share 39 identical notes — meaning the notes are identical in pitch, rhythmic duration, and placement in the measure.”

Is Copyright designed to sue anyone who has a hit song because your song failed?

Of course not.

But every artist pours their blood, sweat and tears into their songs so they must be entitled to a piece of the pie in some way.

Their songs are their children so they must be entitled to something if a song that sounds similar to their song makes a connection with audiences. The fact that the songs these artists created in the first place are based on other songs that came before doesn’t seem to make it into the conversation.

Which is sad.

Jimmy Page is testifying that the passage in “Stairway” is a thousand years old and generational. However in a courtroom, in front of people who have no idea how music works, Page’s comments don’t hold much weight. These people don’t understand that music is a sum of many influences that our brain mixes together and when we create music, our brain blends what we have heard and stored and what comes out is unique and original. Their might be some overlap here and there, but doesn’t equate to plagiarism.

And when the same jurors are asked to assess the two songs based on various legalities, Page’s comments don’t benefit his case at all.

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

The Whole Damn Thing Has Turned To Dust

Tremonti windowed the release of “Dust” and kept it from Spotify for 4 weeks. This windowing process denies Spotify Premium fans a chance to listen to it. It’s discriminatory . It didn’t make me go out and buy the CD to hear it. I was actually tempted to search for it on the pirate sites to download it, however it just proved too much effort. And to purchase an mp3 just doesn’t come into the equation for me. And then YouTube, the service that pays less had it up.

Anyway, it feels like yesterday that I was listening to “Cauterize”. It was my number 7 for 2015 releases. So here we are almost a year later with “Dust”.

“In the words of the immortal YODA, a solid listen, this album is. An outstanding song, there is not. Intention of Tremonti, was not the hit single.”

It’s how I started my review of “Cauterize” and it still rings true for “Dust”.

Mark Tremonti has shown the world that he was the brains and driving force behind Creed. He kept his career trajectory going with Alter Bridge. In the downtime, he also started his own solo band.

After Creed finished up, he went away and mastered the art of shred. Along with his brother they formed Fret12. It’s a record label, book publisher (you should check out the “The Sound And The Story” specials and the diverse guitarists involved) and an overall one stop shop for all things Tremonti and other projects. His PRS guitars are state of the art and brilliant to play. Trust me on that one as I have one. The PRS through the 5150 is the perfect sound for me.

And via Alter Bridge, Tremonti is filling the void left behind by Led Zeppelin. Myles Kennedy is one of the best vocalists of the modern era ala Robert Plant and Mark Tremonti is a prolific writer and innovator ala Jimmy Page. And the real good musicians always rebuild their careers after their initial success. Jimmy Page did it after “The Yardbirds” and Mark Tremonti continues to do it after “Creed”.

Evan as “Dust” hits the streets, Alter Bridge are recording their next album. The work ethic is high.

“My Last Mistake”
It’s a thrash-a-thon. Like “Cauterize” before it, it’s a speed metal song. The chorus is excellent.

Just like tragedy
Folks line up to see
We forget and the problem’s gone
It just ain’t right to move on

It’s a sick symptom of society where we fail to hold to account, the people responsible for the tragedy. The GFC perps went on college speaking tours and high-five jobs at the financial firms they organised laws to benefit. They escaped unscathed, while the middle class and lower class got their homes foreclosed. Every time there is a shooting there is outrage, however nothing is done after on gun reform.

For all of the laws passed to spy on citizens in the name of terror, not one terrorist act have they stopped. And after each terrorist attack, our privacy and liberties erode a little bit more. The people need to hold to account the people responsible. But we cannot devote the time because the people responsible have us hooked line and sinker. We can’t take time of work because the income means more to us than the cause.

“Once Dead”
It’s another thrash-a-thon speed metal song, with a blast beat groove and a wicked arena rock chorus. It’s a great mix. Garrett Whitlock cements himself as a powerhouse drummer on this one.

We sink like a stone
Once dead once belonged

Sinking like a stone means to fail completely and once dead to me; means, your time is up. So in other words, the lyrics can be paraphrased as;
We have failed in life
And now our time is up

“Tore My Heart Out”
It’s a derivative version of “Dust” but unique enough to be a stand alone. Tremonti thought of changing the title because he didn’t want another song title with “heart” in it. “Another Heart” is on “Cauterize”. And that outro riff is like a crazy train going off the rails.

Show your will and do your part
Or be blind right from the start

“Catching Fire”
There is an interview with Tremonti (I think at whatculture.com) where he states the riff that starts the bridge, he’s had since high school. I dig little insights like that. You just don’t know when the time will come for an idea to blossom into a song.

The whole world’s catching fire again

“Betray Me”
How could you betray me
Remember hope, remember faith, remember trust

Venomous lyrics and sweep picking makes an appearance. Remember Malmsteen. Actually, how many fans of Creed/Alter Bridge, would know of Malmsteen?

“Dust”
But the piece de-resistance like “Providence” from the previous album is “Dust”. In the original track listing, “Dust” was the closer, however it got moved up to track number 4.

It grooves from the opening notes and it’s a song to define a career. The syncopated call and response of the riff and vocals, immediately hook you in.

You can hear the years of practice, the honing of his chops and how he called Shred teachers from the 80’s in Troy Stetina and Michael Angelo Batio to brush up his technique. Even after he sold 30 million plus records with Creed, he still worked at improving.

Tremonti stated that “’Dust’ is about how it feels to watch a close friend lose confidence in you.” And that’s what great songwriting is. Evidence of humanity.

And the Pre-Chorus, is a riff, building up to a Chorus that rocks hard with emotion and groove.

The whole damn thing has turned to dust
The ashes you left to bury us

There are other tracks on the album like;

“Rising Storm”
The song was meant to be called “Lay To Waste” however when Tremonti recorded the song in Garageband, it was called “Rising Storm” and the song title just stuck around.

“Unable To See”
It’s a derivative version of “Waters Rising” from Alter Bridge. The intro is from “The Sound and the Story DVD” and another musical idea that was written 20 plus years ago. Tremonti also stated over at whatculture.com;

“Unable to See” has some of the oldest parts on the entire record. The chorus of that song comes from a pre-chorus of a song I’d written for the One Day Remains record, the first Alter Bridge record, so that’s many years old, so there’s definitely some history scattered throughout.

Still we love to see a smile
But we are wronged by the ones that would never

If you take the relationship perspective to the lyric, it would be that we are surrounded by people who see the glass half empty and if you take a world view perspective, it would be about the terrorists who are trying to turn all of our cities into a desolate wasteland like their home city.

“The Cage”
Is that some chicken-picking going on masquerading as tapping? And the lyrics are very strong, almost venomous.

Take your words, they’re worth nothing, let your evil show

It’s another way to say, that the beliefs of people who try to affect our freedoms and liberties mean nothing to us and whenever their evil shows, they just push us together, something even the best intentioned governments couldn’t do.

“Never Wrong”
It could have been on an Alter Bridge album.

Tremonti is a guitar hero, as good as any of the Eighties shredders. He had multi-platinum success with Creed, an act that was devoid of guitar solos and lumped in with the Nu-Metal, Alternative Rock scene. It brought out the haters, jealous that a person who could shred, didn’t shred. In the end, people live and breathe on the songs they write, not on the guitar solos they write and Tremonti has built a consistent legacy. The pinnacle of his career in my eyes would be when his second act, Alter Bridge played the Wembley Arena. And dont be surprised if Tremonti the band get there as well.

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

The Streaming Wars, iTunes Suspending Downloads Due To Decreased Sales While Bandcamp Sees An Increase in Sales

“It’s (streaming) not the enemy and the thing that frustrates me is the old guys, and I call ’em the old guards; now what a nasty position to be in to be thought of as a gatekeeper. Because you’re a rockstar, you’ve been around 20, 30 years — some of ’em 40 years — and you say, ‘Bah humbug to streaming!’ You say, ‘Bah humbug to rock. Rock is dead. There’s no hope for the future. Put your guitars down and go get a job in a bank.’ It’s, like, that’s not the message that young musicians and fans need to hear. They need to hear, ‘Streaming is your friend. The listening experience is more exciting. Pick up your guitars, there’s a career for you out there. The next Elton John’s out there. The next Metallica’s out there. The next Beatles is out there. The next Muse is out there — they’re out there.’ They’re young, they need to be pushed to be the best they can be; they don’t need to be told there’s no future. There’s money and there’s hope, and what money gives musicians is the opportunity to have stability. And with stability you can continue to create music and, when an artist is creating music, we get to do interviews and talk about it.”
Nikki Sixx 

Suddenly Google has become the baddie when it comes to piracy being. The tech giant is accused of the same crimes that Napster, Limewire, The Pirate Bay, MegaUpload, etc. were accused of previously.

It’s been ongoing for a while, especially around the takedown procedures. Suddenly musicians are now speaking up against the small payments from YouTube. Nikki Sixx and Deborah Harry spoke out against YouTube.

Manager Irving Azoff mentioned YouTube should allow musicians to opt out of the service, and if the musicians via their backers ask for their content to be removed it should be removed permanently and not allowed to be put back up without the consent of said musicians.

And if you have ten minutes, check out the latest rant against YouTube. It is a read of BenHur proportions.

And then there was a rumour of iTunes cancelling music downloads which was denied by Apple. However where there is a rumour, there is also some truth. The article states;

“Whether or not Apple wakes up one day and decides to tear down its iTunes music download store is not the most important thing.  Because they are already starting to get rid of it.  This phase-out is already happening and Apple is definitely assisting this process.  They are definitely not growing their download store and they are doing what it takes to make this die a natural death.”

The article talks about how Apple is blurring the lines between iTunes and Apple Music, by corrupting our iTunes downloads with the Apple Music product, even going as far as replacing your paid iTunes download with the a different version licensed for Apple Music. Apple believes by doing this process, the user would eventually give in and pay for an Apple Music Streaming subscription.

And the major record labels couldn’t care less. They will phase out CD’s and if mp3 downloads are phased out, the only mp3’s pirates can download are the web rips of YouTube songs. Which if you read the above, the labels are really pushing hard to tear down as well. All of this means the labels get back control of the distribution channel that Napster took away.

They have hedged their bets with every digital musical offering, taking decent percentage stakes in each of them, so when they get sold or go public, the labels stand to gain billions. Add to that the millions earned from licensing the songs that they hold copyrights for and you get to see how much money is going to the record labels and not the artists.

But hey, YouTube and Spotify is to blame.

Bandcamp has posted a counter argument to Apples “iTunes problem”.

  • Bandcamp grew by 35% last year.
  • Fans pay artists $4.3 million dollars every month using the site, and they buy about 25,000 records a day.
  • Nearly 6 million fans have bought music through Bandcamp.
  • Digital album sales on Bandcamp grew 14% in 2015 while dropping 3% industry-wide.
  • Track sales grew 11% while dropping 13% industry-wide.
  • Vinyl was up 40%.
  • Cassettes 49%…
  • Even CD sales grew 10% (down 11% industry-wide).

Bandcamp is not just a download store. When a user buys music on Bandcamp, they also get instant, unlimited streaming of that music via Bandcamp’s free apps as well as an optional, high-quality download.

In the past I have always mentioned that fans come in different ways and consume music in different ways and it looks like Bandcamp is positioned to capitalise on that.

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

Plagiarism

“There was really just one song ever written and that was by Adam and Eve. We just do variations”

Keith Richards as he was inducted into the Songwriters Hall of Fame in New York in 1993.

That my friends is music in a nutshell. All forms of art is inspired by the past. And then corporations came looking to profit from art and they lobbied the governments of the time to start writing laws. These laws would get enhanced until it got to a stage where the laws only benefit the corporation that controls/holds the copyright of the artist.

The word plagiarism in music is a dirty word.

If you look at a dictionary like the MERRIAM-WEBSTER ONLINE DICTIONARY, plagiarise means;

  • to steal and pass off (the ideas or words of another) as one’s own – Isn’t this what Sharon Osbourne did in Ozzy’s name for “Bark At The Moon”. Bob Daisley and Jake E. Lee wrote the album and Sharon had Ozzy listed as the sole songwriter.
  • to use (another’s production) without crediting the source – Isn’t this what Metallica did with “Enter Sandman” and “Welcome Home”. Kingdom Come did it. Every British Rock Invasion did it with the Blues of the 30’s and 40’s.
  • to commit literary theft – Isn’t this is what Robert Plant did with some of his Led Zeppelin lyrics.
  • to present as new and original an idea or product derived from an existing source – Isn’t this is the whole history of music. There is a pretty good chance that latest album of your favourite artist was influenced in sound and feel by songs of the past.

In music, if you play the notes A, B, C right after each other, you are technically playing the first three notes of a musical scale. And there is a 100% chance that those same three notes will appear in someone else’s song or have already appeared in a song written in the past.

So should we credit the person that came up with the Aeolian scale thousands of years ago for those three notes?

But if I was writing an essay I am required to credit anything that is the same as something that came before.

But what about the millions of songs that have A, B, C in a lead break or in a vocal melody or in a riff?

See how silly it gets when you start to use a scholarly term like plagiarism in music. Based on it’s dictionary meaning, then plagiarism has been around in music since the dawn of time.

But plagiarism is relevant these days because our culture believes it owns everything. We believe our ideas and words and stories are so original, we worry that others will “steal” them from us in some way and make millions of dollars from them, while we make nothing.

The fact that other people in the world are thinking the same ideas or writing similar words or living a life similar to ours, doesn’t even come into the equation.

And while plagiarism does exist in academic/literature circles, it really doesn’t exist in music. Because music is a sum of what came before it. If certain songs sound too similar, then that is copyright infringement and it exists in music.

That is what Vanilla Ice did when he lifted the bass line from “Under Pressure” and called it “Ice, Ice Baby”.

But when I hear Five Finger Death Punch lift the vocal melody from “The Ultimate Sin” and re-use it for two lines in an eight line verse in “Lift Me Up”, I call that “influenced by music that came before to create something new.” In other words, it is a derivative work.

But with so much money in music, especially around hit songs, the lines of inspiration have been reclassified as theft/plagiarism. Copyright infringement is now all about censorship and piracy.

And what you have is a jury of non-music experts setting precedents that blur the lines even more. And you have heirs of artists suing to protect their pension incomes, when the songs their deceased parent or grandparent wrote, should be in the PUBLIC DOMAIN as Copyright intended them to be.

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

Scott (Stealing) Ian

Piracy, Copyright Infringement, Plagiarism, Website Blocking, Trans Pacific Partnership (TPP) and on and on it goes.

Why would anyone create music?

The record labels via the RIAA have screamed black and blue that piracy is decimating the business. They fought tooth and nail against every digital service and start-up. Yet year after year, it was digital music that was making a fortune for them, because all digital monies are pure profit. There are no manufacturing costs (like vinyl and CD’s), there are no warehousing and distribution costs and there is no breakage.

Remember Napster. It showed the recording industry what the majority of customers want. Access to cherry pick the song they want and access to listen to whatever they want. 17 years later, you can say that what Napster started has almost become a reality. The only outlier is that people still want to download mp3’s for free.

Which brings me to Scott Ian!

Can someone please explain to him what stealing really means because he is making metal heads look stupid and uninformed?

Downloading a copy of an mp3 is not stealing because the mp3 is still up on the web for streaming, purchase or downloading. If anything, it is copyright infringement.

But the question that he fails to ask is why are fans of Anthrax downloading their music illegally?

Is it because;

  • They download music and have no intention to pay for anything, not even a concert ticket of the said artist?
  • They download music because they have no other way to get it?
  • They download music because they have no other way to get it and they will purchase the CD eventually and even a concert ticket
  • They download music because they don’t want to pay Apple to download it, but they want it on their phone, and have every intention to purchase a concert ticket when Anthrax hits their town?

I can go on and on with different types of viewpoints of fans.

The value of music was originally inflated, because we, the customers had to buy an album worth of songs for the three, maybe five good songs. The hard-core super fans will always purchase, however the rest will do what they want to do, when they want to do.

As a collector, I still pick up CD’s of bands when they are super cheap like $5, years after the album was released and after I’ve streamed the album to death. And they are still in the plastic wrapping which I am sure once I have joined the afterlife, my heirs will commit them to a second-hand store or just toss them. The value of music is different from person to person.

But how many artists can safely say they know who their hard-core fans are.

I bet you there are always fans who purchase deluxe bundles, every time the said artist releases an album.

Is that buyer information getting filtered back to the artist?

It’s these fans, Scott Ian should be caring about. Are they getting any bonus offer, a loyalty card, a discount to a concert or a simple personalised thank you that makes the fan feel special for supporting the artists with every release?

Imagine the fan getting a hand written letter sent to their address that thanks them for purchasing the last four super deluxe bundles of the said band, and here is a bonus mp3 album for you to download plus a special VIP pass for their upcoming concert.

Instead, the fans are made to feel like criminals, for streaming an album instead of buying,  for cherry picking a few songs instead of paying for all of them or for downloading the album illegally.

That’s not the way it’s done anymore.

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

Just Some Thoughts on Copyright, YouTube and Rock Music

Nikki Sixx and many others want Google to pay more for each YouTube stream so they could bring their payment rates up to the same standard of other streaming providers.

You notice how the people who are now speaking out against YouTube, are the ones who control the rights to their music. It’s because they know exactly what payments they are getting compared to other streaming services. The rest of the artists are clueless and at the whim of the record label creative accounting machine.

In case you were not aware, both Motley Crue and Metallica own their copyrights. Peter Mensch on behalf of Metallica spoke out about YouTube and called it the devil. Nikki Sixx is now calling out YouTube on payment rates.

Anthrax on the other hand are clueless. They kept their new album off Spotify for a few weeks, but it was all over YouTube via fan uploads. As a band, you cannot control what your fans do with your music and how they choose to share it but what you can control is how you release it. Anthrax can’t have the release cycle the way they want it to be (pre-Napster), much the same way any business that has customers, can’t run their business the way they did back in the past. Look at Apple as a perfect example of a business trying to operate like it did when Steve Jobs was alive, while Amazon, Facebook and Google have moved on and surpassed Apple as a leader.

Because the customers are king and they decide what is of value and what isn’t.

Imagine Prince’s post death stats if his music was actually available to be streamed on Spotify. In case you were not aware, every news outlet reported how his sales increased post death. It’s fantastic that his sales have gone through the roof again, as it will benefit his current management team/label. Not him.

And trust me when I say this, the people that will end up controlling Prince’s music will orchestrate a rich licensing deal for his music to be on streaming services. Because it’s all about the greed. Then the lawsuits would come against any artist who has a song that might feel and sound like a Prince song.

If people want to respect Copyright again, then all of Prince’s songs and his catalog of unreleased songs should be part of the Public Domain.

So which way do artists want.

Do they want strong Copyright enforcement forever and a day which leads to censorship and Corporate monopolies and billions of dollars in the hands of executives who created no art and fly in their own private jets, while the actual artists are paid pennies and fly economy?

Do they want the Tidal exclusives and making copyright infringement/piracy relevant again in the process?

Do they want their fans to purchase their music only, have big first week sales and to make copyright infringement/piracy relevant again in the process?

Do they want to make it as easy as possible for fans to access their music forever in any format the fan desires and as easily as possible?

Because in music there is a lot of value in recorded music, regardless if it’s streaming or mp3 purchases or actual vinyl/CD sales.

If you want to look at the value of recorded music and how you can make money when legal alternatives are better than the pirated alternatives, look no further than China. As a music market based on recorded sales, China, had no transactional recorded music business. Piracy was huge. However it is now bringing in some serious dollars. The difference here is that the record labels have built partnerships with the techies and ISP’s, instead of litigating them to death in the courts with stupid troll like suits and take down notices.

They tried a paid model in 2012, it failed. They tried again and again, until they got it exactly right for the CUSTOMER to buy in. Now digital music revenues in China brings in millions of dollars which were not there before at all. This is a good thing, but again, how much of it is going back to the actual artists.

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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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