Category Archives: Copyright

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

Money In Music

“I’m not lying when I say I’ve got £100 in my bank account right now. In the six years I’ve been doing this, I’m not anywhere near the wage that I used to be on when I was a copper.”
Dan Tompkins – TesseracT’s old vocalist who has become the new vocalist again.

You see, being a Police Officer is a job on a salary. It is a community need to have Police Officers. They are there to keep public order and to enforce the rules. Now, being a singer in a progressive rock band means that you are one of many in a crowded marketplace. There is no salary and no guaranteed income. Everyone needs to make a living, however you need to be in the industry for the music first. Money comes a distant second.

Simply economics 101 dictates, when there is unlimited supply of a similar product, demand is low. When supply is limited, demand is high. At this point in time, there is a lot of new music coming out everyday.

So what are the fans going to latch onto?

We don’t know, there is just too much noise, so we wait. Meanwhile that act is percolating, spreading slowly from city to city, country to country. But that takes time. In some cases, a lot of time.

So, it’s time to bust a myth.

Being in a band is a financial struggle.

Being in a band with a label behind you is also a financial struggle, unless you are in the one percent of acts that cross over. The label will give you an advance that they will need to recoup from sales, touring, etc. However if you are in a band and you have an audience that cares, you can monetize that audience so that life is not a financial struggle.

In today’s market, the audience needs to go and find you. The hype and marketing of the past doesn’t work anymore.

TesseracT is a good band who are good musicians and songwriters. However, the big money-oriented labels find these kinds of acts no longer acceptable, unless they start making millions on an indie label.

It’s just a shame that so many fall by the wayside because there’s just too much saturation. It’s always been that way. There’s plenty of good music, it’s just in different places than the equivalent of what being on the radio used to be.

Being an artist means that you have to work for free and if you have worked for free and have built up an audience, then it’s up to you to monetize them. Normally, the record label would enter at this point in time. However, the myth of the label as the hero is greatly exaggerated. I remember the transitional period in the early 80s after MTV broke and made everyone a star and music become a sales driven vehicle.

Look at Protest The Hero. They had a label deal. They sold decently. They had decent film clips. They toured a lot. Then the sales dried up. By the end of it, they had no label and no money. They could have packed it in and done something different.

So what did they do?

They went to their fans to see if anyone cared. They set a target of $125K. They got a lot of hate in the process. Days after launching Indiegogo, they broke past their target. The fans cared.

Just this week, I got an email from Protest about another campaign, a subscription based service. I signed up straight away for the $25 package. Imagine they get the same 10,000 people signing up. You do the math.

Coheed and Cambria broke away from the label’s and went DIY for “The Afterman” releases. Claude got creative with the release package for the double album release and offered up an excellent Super Deluxe package at $70.

And they get opening week sales of 49,500. Assuming those sales are a mixture of Super Deluxe and Normal releases, the gross return is still pretty impressive. Then they had second week sales of 10,200. Third week sales of 4,000. Fourth week sales of 2,800. After four weeks, the band had moved over 60,000 units of the “Ascension” album. Then they went on a year-long victory lap around the world. During that tour, “Descension” comes out, three months after “Ascension” and it moves 40,600 units.

Again, you do the math on gross sales.

It’s hard making money in music, there is no doubt about it, but so is every business enterprise. There is no guarantee that every start-up will succeed, and it’s the same deal for artists. But history has taught us one thing. The artists that stick it out, percolating on the fringes, do end up crossing over. Pink Floyd, Yes, Metallica, Iron Maiden, Def Leppard, Nirvana, Pearl Jam, Nine Inch Nails and Disturbed are just a few acts that come to mind quickly. And then, the sky is the limit.

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Copyright, Music, My Stories, Piracy, Stupidity, Unsung Heroes

Royalties

What happens to the pool of money when more people start to adopt a streaming service?

You see, when more people are listening (either to ad-supported free or subscription services), more money is generated. The higher the amount of money generated, the better the payouts.

What did the music industry have before streaming?

They had the iTunes store and the record labels were still hoping that people would go back to buying CD’s. Otherwise, there was a lot of copyright infringement which led to $0 in income.

So in comes streaming via YouTube at the lowest entry point.

Free for the customer.

The aim of the service is easy. Get millions upon millions of people to use it.

Streaming is a disruptive technology. YouTube demonstrated this and in its early beginnings it didn’t care about copyrights at first. Remember back in 2007 when Viacom sued YouTube for $1 billion, because they claimed that YouTube was nothing more than a piracy site. Sort of like how the VCR was nothing but a piracy tool by the MPAA, or the MP3 player. Yet, all of these services, once they had a chance to grow proved to be a profitable tool for the entertainment industries.

So from YouTube, other streaming services enter the market. They all pay the record labels a license to have music on their service. Freemium was enabled to compete and kill off piracy.

Every stream (regardless if it’s on the free platform or the subscription platform) generates a royalty payment back to the labels. The more people who stream, the bigger the dollars going back to the record labels, copyright collection agencies and the publishers.

If freemium goes away, it doesn’t mean that people will start to pay again. Sort of like how people stopped to pay $18 for CD after Napster and in the process, killed off Tower Records and other brick and mortar shops.

The recording business side of music has already hit rock bottom.

Now the only way is up.

Recorded music revenues are increasing due to the monies coming in from streaming services.

Our move to an on demand culture means that streaming has won.

There will always be the 10% who will never pay for anything. But 90% would. Sometimes they will pay more, sometimes less, sometimes none.

And the artists complaining of getting screwed need to re-negotiate with their labels, who are using the artist catalogue as leverage to;

  • obtain high license fees from the streaming service
  • obtain a share/stake of the streaming service, so when it goes public the labels cash in
  • be paid the 70% royalties from the streaming service

So it’s no surprise that a Publishing company owned by a record label is up in arms over royalty payments that haven’t come to them.

Especially when the record label and publishing company in question, Victory Records are well-known for not paying artists their royalties. I am sure there are accounting issues with the royalty payment system and there are many reasons for that.

Did you know that a lot of money just goes missing in the music industry?

A report from Berklee College of Music estimates that 20 to 50 % of royalty payments get lost in transition and do not make it to the ones who created the songs. The same report puts a $45 billion value to the music industry. When you do the math, you realise that is a pretty big sum that just goes missing.

As the Fusion article states;
“Companies that stream music—like Spotify, Pandora or Apple—pay artists in exchange for playing their songs. Somewhere between the company cutting a check to cover the music and the artist— be they a performer, a songwriter, a sound engineer, or a producer— depositing money into a checking account, dollars are disappearing.”

It’s a well-known fact that the record labels are very creative when it comes to their accounting, and until the industry increases its transparency, there will always be misuse of royalties.

Which leads to stories like this?

In case you don’t want to click on the link, it is the story of James Blunt, who claimed via Twitter that he gets paid £00.0004499368 per stream (converted to dollars he’s getting $0.0006968992 per stream). If it relates to Spotify streams only, then the final payment that Blunt is finally getting is pretty low and is further evidence of the record label and collection agencies skimming a lot from the initial payment.

And if you think you can’t make money from streaming, then read this article.

And where does all of this leave the music fan, cranky as hell as they hear over and over again how they need to pay for music, when in fact we overpay for concert tickets and merchandise. A successful act today is making more dollars than they’ve ever made, however it is less from recordings. And we are looking for ease of use first and foremost. That’s how Spotify killed P2P to begin with, through convenience. And convenience is going to generate a lot of money for the recording industry. Let’s hope they put that money back to the people who deserve it, the creators.

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Copyright, Music, My Stories, Piracy, Stupidity

Copyright Will Expire Say When

I’ve been listening to a few new album releases while reading a few articles on Copyright. As everyone knows, copyright lasts for the life of the creator plus 70 years.

In 2015, Matt Heafy from Trivium turns 29 years of age and Claude Sanchez from Coheed and Cambria turns 37 years of age. According to various research, males are expected to live to about 80. If all goes to plan then their copyrights on “Silence In The Snow” and “The Color Before The Sun” (both released in 2015) is expected to expire/enter the public domain on 1 January 2136 and 2128 respectively.

That’s right people, the way copyright currently stands around most western societies, “Silence In The Snow” and “The Color Before The Sun” will be protected by copyright for 121 and 113 years respectively.

Now remember, Copyright was designed to provide creators of works an incentive to create more works by rewarding the creator with a number of rights for a limited period of time. After the copyright expires, the work enters into the public domain so that any person can copy the work in part or in whole in as many as different ways possible. The whole British rock movement happened because most of the blues, jazz and folk standards from the 1930’s were out of copyright, free for others to build upon.

However, from Copyrights beginnings, the terms have been extended a number of times, so that in 2015 we have a copyright that protects works for a long time.

Hell, even a song like “Smoke On The Water” will still be under copyright long after I am dead, and I was born after the song was released.

Jon Lord’s Copyright will expire in 2082, as he passed away in 2012. Ritchie Blackmore’s, Ian Gillan’s and Roger Glover’s Copyright will expire in 2095 while and Ian Paice’s Copyright will expire in 2098 provided they all live up to 80 years of age.

So what we have is a problem where the public finds it difficult to build upon works protected by copyright to create new products.

So who do you think will benefiting from this long copyright extension after death?

Will the family members of the creator benefit?

Will the third-party who owns the Copyright because the creator or the family of the creator sold/licensed the copyright to them for a fee and for a time period benefit?

In the future to come, I expect to see a music publisher purchase the Copyrights to an obscure NWOBHM song called “Rainbow Warrior” from a band called Bleak House and then take Metallica to court under plagiarism claims for “Welcome Home (Sanitarium). Or a music publisher who owns the copyrights to “Sad But True” and “Symphony Of Destruction” from Metallica and Megadeth, then taking Avenged Sevenfold to court under plagiarism claims for “This Means War” and “Heretic”.

Sort of like how the music publishing company Larrikin who purchased the copyright to the children’s song “Kookaburra Sits in the Old Gum Tree” from the Public Trustee, sued Men At Work for a 10 second flute solo on their song “Down Under” that sounded similar to the melody in the children’s song. .

The sad part is that the Copyright collection societies are posting record collections, while still screaming for restrictive and longer copyright terms.

It’s basically these kind of societies along with powerful rights holders like Disney and the Record Labels that have lobbied governments to extend the scope of copyright. And it doesn’t look like changing anytime soon and the courts will be clogged up with plagiarism suits, when in fact, all of those suits should be thrown out. Because no music is created in a vacuum.

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

Guess What: Not A Lot Has Changed

“In 1981, there was a crackdown after the big payola scandal of the late 70s. Right at the beginning of the 80s, the record companies were being safe. They were not handing out advances. They would advance your recording budget, but that was it.”
Brian Forsythe – Kix

So what has changed in 2015.

The record labels are still being safe and with recording costs so low, the recording budget is even lower.

Yeah, of course, we all know that the record labels had a massive boom that started with “Thriller” in 1984 and that allowed them to take more risks. And for some reason it looks like musicians and the labels are only looking at the boom when they compare now vs then. Typical revisionist history.

“None of us knew what we were doing. We were just so excited to have a record deal. There are writer’s royalties, and the mechanical royalties that go to the band. The record company gets paid back through the mechanical until the bill (advancement) is paid off. Donnie was the main songwriter, so he was still getting his (writers) money. By the time we got to “Blow My Fuse” – our biggest selling record – we were two million dollars in debt.” 
Brian Forsythe – Kix

Even in the era of information, with everything is at our fingertips, artists are still unaware of their entitlements. And when they do find out, it is the crux of every argument. Especially between band members because every band has a person that just writes better songs than the others at certain points of time, or in some cases always. Kix’s bass player Donnie Purdell, was another Nikki Sixx. He was crucial to Kix.

It should act as no surprise to anyone that bands in the Seventies, Eighties or Nineties, ended up with such large debts to the label. That is the label creative accounting machine at its best. And the shameful part of it all is that current musicians still look at the past to gauge what success means in 2015.

“Go pull up the sales for 1985, 1986 for heavy metal bands. I guarantee you it’s ten times what it is now. That doesn’t mean there’s ten times less fans — in fact, I think there’s more heavy metal fans now than possibly there ever was. But the bottom line is the numbers show that metal bands are not selling what they did back in the day, and that’s because of Internet piracy. I don’t wanna get on that subject, because it always turns into a depressing, negative subject, but it is a fact. So the answer to the question, ‘Would that record sell more in 1985?’ I would say the answer would be yes.”
Shawn Drover – Act of Defiance

Shawn Drover, wishes it was 1985 and 1986 because for some reason, he believes that he will have more money in his pocket and if his new band “Act Of Defiance” sold a million copies of an album, they would be mega rich and popular. Brian Forsythe from Kix, lived that period and ended up with a $2 million debt, even though they had albums that sold in excess of a million.

And guess what venues they are playing right now?

Clubs and theaters.

Dokken albums achieved Platinum awards and the band today plays clubs and theaters. Stryper and Ratt albums achieved Platinum awards and the bands today play clubs and theaters.

A sale of a record never equaled a fan. It’s the usual comparison between;

  • a person that purchased a record, heard it once and hated it
    vs
  • a person that purchased a record, heard it, loved it and listened to it every day
    vs
  • a person that purchased a record, heard the popular songs and then moved on to whatever else was popular

So why do artists still see sales as important today?

Metal and rock artists still sell. There is no doubt about that. Especially the ones that connect with audiences. But sales is not the only stat that artists should be basing their careers on.

With all of the streaming services out there, the most important stat is how many listens an artist is getting and in which cities they are getting those listens.

The second most important stat is how many illegal P2P downloads an artist is getting and in which cities they are getting these illegal downloads. These listeners/downloaders need to be monetized in different ways.

Otherwise if you are an artist and you are waiting for profits to come in from recorded music sales, then you need to change your business model.

“I’ve never seen a check. Donnie probably still gets writer’s royalty checks. The rest of the money is going back to the record company. Donnie was such a better songwriter. For every 20 songs he would write, I would write one. We were working on his songs all the time and we never even had time to write our own stuff. Back in the early days I may have gotten a couple checks. The biggest one was maybe $350. One time I remember getting one for $1.99. I could count the amount of checks I’ve received on one hand.”
Brian Forsythe – Kix

Remember all of the stories that have come out over the last five years from artists complaining about their low royalty payouts from streaming services. Guess that in 30 years nothing much has really changed. For the small amount of 1% artists that have broken through to mega status, it’s all good.

For the rest, it is still the same story.

“The standard stat given is that 90% of major label deals “fail.” That does not mean they are not profitable for the label. The way RIAA accounting works, the labels can make out like a bandit on many of those record deals, while the artist gets hung out to dry.”
Mike Masnick, Techdirt

Nothing has changed on that front, even with the rise of the internet, Napster, P2P illegal downloading and so forth. The 90% stat was relevant even in the golden years of recorded music sales and it is still relevant now.

“We never expected to get rich, but we certainly didn’t expect to be millions of dollars in debt.”
Jared Leto – Thirty Seconds To Mars

No artist expects to get rich. The need to create is the calling card. However, when they start making money and they see the recording executives living it up while the actual creators are not, then money becomes an important conversation point.

The recording industry has always been known for its creative accounting.

Remember when Tom Petty declared himself bankrupt to get out of a recording contract because he had no money to show after two very successful albums in the seventies.

It all goes against what Gene Simmons said about rock music in general being murdered due to internet piracy. It’s a very narrow-minded and hostile view to have to all of the change that has happened in music. It also mimics, the view that the record labels have held.

A hostile one.

However as Tim Westergren, the Chief Strategy Officer – Pandora (until last year) states;

“I think we’re moving out of an era where the music industry is looking for enemies and into one where it’s now looking for allies.”

The record labels have been dragged kicking and screaming into cassettes, mp3’s and then streaming. Guess what happened. It increased their bottom line on all occassions. Guess that not much has changed in the era of change when it comes to record label abuses.

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

Keep On Selling In A Free World

Five Finger Death Punch moved 119,000 units of their new album “Got Your Six”. 114,000 of those units are pure album sales and it a time of free, it even surpassed the 112,000 opening sales week of 2013’s “The Wrong Side Of Heaven And The Righteous Side Of Hell: Volume 1”.

In the U.S, Iron Maiden moved 75,000 of their “The Book Of Souls” album and in a time of free, it is Iron Maiden’s best sales week since Nielsen Music began measuring sales in 1991. It even surpassed 2010’s “The Final Frontier” sales by 12,000 units. Again in a time of free, you would expect a sales decline to happen.

In the U.K, Iron Maiden moved over 60,000 units and Five Finger Death Punch also landed in the Top 10.

In Australia, we know that Iron Maiden came in a Number 2 and Five Finger Death Punch at Number 3.

Both of the above bands have had their BEST SALES week for these latest releases. Especially in the U.S market. For Iron Maiden, it is their best sales week since 1991. Consider that. Piracy was at an all-time low in 1991 however in 2015, when piracy is meant to be at an all time high, bands sell more than before in opening weeks.

But it’s not always like that.

Disturbed’s “Immortalized” sold 98,000 total copies. If you compare these sales with 2002, when their second album “Believe” sold 284,000 copies you can see a steep decline in first week sales.

2005’s “Ten Thousand Fists” sold 239,000 copies, 2008’s “Indestructible” sold 253,000 copies and 2010’s “Asylum” sold 179,000 copies. On the same week that Disturbed made their comeback, Swedish metal act Ghost had opening week sales of 29,000 units of their second album “Meliora”

So what does all of the above tell us?

Has anyone seen the latest MTV Video Music Awards?

How many metal and hard rock bands got mentioned

If you are an artist in 2015, there is no use comparing 2015 to 1985.

Shawn Drover can complain all he wants.

The truth is, no one really cares about his new act “Act Of Defiance” first album at this point in time.

What the above data shows me, is that the music business is not all about the first album. It is about what comes after the first album. Remember, “Kill Em All” from Metallica had a life span of about nine months, before Metallica was back in the studio recording “Ride The Lightning”. That album also had a nine month life span before Metallica was back in the studio to record “Master of Puppets”.

There is no doubt that internet piracy has affected every genre, especially the metal and hard rock genre.

Does that mean that there is no money in music?

Of course not.

Publishing agency, BMI raked in $1.013 billion dollars for the financial year. ASCAP, also raked in $1.001 billion. This is money, earned by agencies for licensing out artists songs to radio, TV, streaming services and other platforms. And the reason for this big boom is;

  • Music streaming

But with everything corporate, the payouts to artists comes after both BMI and ASCAP subtract their operating expenses and other creative expenses from the revenue. This is what happens when you have a monopoly on music licensing. You abuse it.

BMI actually paid $877 million to its thousands of members, including songwriters like Dave Grohl, Linkin Park, Nickelback and Evanescence. ASCAP on the other hand paid its members $883 million.

What about that?

ASCAP had less revenue than BMI but paid out more. Regardless, when you add the expenses that both organisations kept, that is another $600 million kept away from artists.

But BMI blamed their legal fight against Pandora for the reduced payouts?

And certain artists have jumped on the bandwagon to criticise Pandora. But so many are clueless to the work that Pandora has done to help the recording industry and the music industry at large. They have 80 million listeners.

But did you know that Five Finger Death Punch partnered with Pandora to launch their album “Got Your Six”. Mumford and Sons, partnered with Pandora for a live stream of a concert. Jack White did the same. All of these partnerships led to Pandora increasing their fan base and the artists increasing their exposure and sales.

Pandora put on 79 live events last year and this year it’s expected to rise to 120.

This is on top of Pandora paying out half its revenue to SoundExchange in licensing fees, which in turn has ensured that the company is in a loss position. Other countries are not that quick to embrace Pandora, because to date, the service only operates in the U.S., Australia and New Zealand.

Which is silly.

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

INTERESTING: In A World Of Free, Metal and Rock Music Still Continues To Sell

There is a great article over at the Metal Insider website.

If you are too lazy to click on the link, the article covers the biggest selling metal and rock albums for 2015.

From the results, it’s pretty obvious that metal and rock fans like to purchase music. There is still a collectors mindset there. What’s even more fascinating is that a lot of the albums that have sold a decent amount in 2015 were not even released in 2015.

NOTE: The figures are based on U.S sales.

“Master of Puppets” was released in 1986 and in 2015 it sold 107,800 units. The self-titled “Metallica” album released in 1991 has sold another 77,100 units in 2015. It is well on its way to 17 million units sold in total.

Now think about for a second.

All of Metallica’s music is available on streaming services for paid subscriptions and for free. All of their music is available for downloading via legal options and illegal options. And they still continue to sell.

A band’s longevity is based around the need to replenish their fan base year after year. If you are not doing that then expect to play smaller venues. Dokken and Ratt are two bands that come to mind who haven’t replenished their fan bases from the Eighties. Both bands in the Eighties had platinum sales and played arenas. Today, they have almost no sales and play clubs.  Of course, not having the main creative forces in the current version of the band plays a part, however, even if Lynch and Pilson or Pearcy and Croucier did rejoin Dokken and Ratt respectively, it doesn’t mean that millions of people would be interested.

Metallica,  however is doing a good job at replenishing their fan base based on their selected live performances in new markets and in markets that have high rates of piracy.  They basically have a whole new generation of music fans who more or less consumed the music of Metallica for free and in most cases illegally. However, that still hasn’t stopped them from selling music and concert tickets.

As business people, the move to their own label “Blackened Recordings” was a no-brainer.

The record is how it all starts. It hooks the audience in. Anyone born in the Nineties, will know Metallica as the conformist poster artist for the labels in the Napster case. Anyone born in the Seventies and early Eighties know Metallica as a non-conformist band that pushed boundaries.

The whole Napster kerfuffle in the end just showed why it was not a good idea for Metallica to get in the way of people experiencing their music. However, they have learnt that by making their music available everywhere, they see better returns in other areas.

As an artist, it is a privilege for people to listen to your music. Respect that.

“Back In Black” from AC/DC was released in 1980. In 2015 so far, it has sold 110,000 units in the U.S.  The new album, “Rock Or Bust”, released in 2014, has sold 143,400 units in 2015.  Put it down to the band being on the road and building awareness of the new album. It just goes to show that the blanket marketing campaigns before the album release date, the Grammy appearance and all of the other medical issues/jail issues in the media meant nothing in 2015.

You see, when the music eco system was controlled by the record labels, the marketing blitz by the labels meant something. In 2015, it means nothing.

From the 2015 releases, Breaking Benjamin’s “Dark Before Dawn” has sold 209,000 units so far, Marilyn Manson’s “The Pale Emperor” has sold 124,200 units so far and Halestorm’s “Into The Wild Life” has sold 114,500 units so far.

From the 2014 releases, Foo Fighters “Sonic Highways” album has sold 87,800 in 2015, for total sales in 480,000 so far. Slipknot’s “5: The Gray Chapter” has sold 84,000 units in 2015, for total sales of 344,000 units. Nickelback’s “No Fixed Address” album has sold 101,000 units in 2015. Like the Foo Fighters it is approaching Gold status.

Led Zeppelin continues to be a selling machine, so why would they create new music when Copyright grants them and the owners of their songs, rights for the next 110 years to exploit the works.

In case you are wondering “Led Zeppelin 4” sold 75,000 units and “Physical Graffiti” sold 112,400 units in 2015.

Kid Rock’s debut “Devil Without A Cause” is still selling. For 2015 alone, it has moved 86,000 units. Add that to the other 10 million units it has sold so far.

So what is all of the above telling us.

Eventually people will pay, however if a piece of music that people want to check out is not available for free, they will turn away until it becomes convenient. Don’t expect people to pay just because you want them too.

And for all of those critics saying the new bands cannot attain the same level of success as their Seventies and Eighties counterparts, well have a look at some other stats.

 

As influential as Black Sabbath was to metal music, they are being outsold by Linkin Park, Korn and even Limp Bizkit.

Also for all of Gene Simmons and Paul Stanley’s comments about rock being dead because no one is buying recorded music, well, Kiss has never really been a big seller of recorded music anyway. Their 21 million is pretty tame compared to Metallica’s 62 million. In the end, the live show is where it’s at. Deliver there and make that show a cultural event, the sky is the limit.

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

The Same Piracy Issues That Affect Metal Bands Affect Other Genres As Well

I’m over the “whole rock is dead” stories, the “copyright infringement is stealing” stories or “because of the internet/piracy no new artists will come out and be as big as the artists that came before them” stories.

First, let’s look at artists that are not in the metal/rock arena that have faced the same struggles/issues as metal/rock artists.

“The Script” is a pop rock band from Ireland. Their first album came out in 2008, when internet piracy on music was at extreme highs. It had Platinum certifications in Europe, Ireland, UK and Australia.

The second album “Science and Faith” came out in 2010 and it also had Platinum certifications in Ireland, UK and Australia.

Album number three, titled “3” came out in 2012 and it had Platinum certifications in Ireland and the UK, with Gold certifications in Australia and Philippines.

The fourth album “No Sound Without Silence” released in 2014 has Platinum certifications for UK and New Zealand with a Gold certification for Australia.

So the albums haven’t sold millions upon millions. They have no RIAA certifications for sales in the U.S, however their singles have;

Their main song, “Hall Of Fame”, released in August 2012, was certified 2x Platinum in June 2013. Their new song “Superheroes” was certified Gold in March 2015. The song “The Man Who Can’t Be Moved” released in 2008, was certified Platinum is May 2013. The song “Nothing” released in January 2011 was certified Gold in December 2011. The song “Breakeven” released in March 2009 was certified 2x Platinum in May 2011. The song “For The First Time” released in January 2011 was certified Platinum in July 2013.

The statistics to me are saying that the songs are more important than the whole album package. And guess what, it’s always been that way, even in the heyday of the Seventies, Eighties and Nineties.

To continue, they also played the “O2 Arena” in London on March 13 and 14.

They sold 32,404 tickets from the 35,167 tickets available. A ticket for the concert was either $US52.57 or $US41.07. The total gross earnings of these two shows for the promoter SJM Concerts was $1,670,320US.

You see the same issues that affect metal and rock musicians, affect The Script. However that didn’t stop them from making a lot of money for their record label from recorded music and to have gross concert sales of over a million dollars.

Florida Georgia Line is a country duo that formed in 2010. In 2012, “Here’s to the Good Times” came out. The album has sold over 2 million copies in the U.S for a double Platinum certification. In 2014, “Anything Goes” came out. That album has sold over 715,000 copies in the US and it already has a Gold certification.

But the interesting part is the song certifications.

The song “Cruise” released in April 2012 was certified 9x Platinum in January 2015. The song “This Is How We Roll” released in December 2012, was certified 3 x Platinum in February 2015. The song “Round Here” released in December 2012, was certified 2 x Platinum in June 2015. The song “Dirt” released in July 2014, was certified 2 x Platinum in April 2015. The song “Get Your Shine On” released in December 2012, was certified 2 x Platinum in September 2014. The song “Here’s To The Good Times” released in December 2012, was certified 2 x Platinum in July 2014. The song “Stay” released in December 2014, was certified Platinum in March 2015.

The songs “Sippin’ On Fire”, “Sun Daze” and “Anything Goes” all released with the album in October 2014, were certified Gold by June 2015, January 2015 and December 2014 respectively.

Like “The Script”, the statistics to me are saying that the songs are more important than the whole album package. It’s always been that way, even in the heyday of the Seventies, Eighties and Nineties.

To continue, they played the Florida Credit Union Amphitheatre in Tampa on May 29, 2015. They sold 18,135 tickets from the 19,239 tickets available. A ticket for the concert was either $59.75 or $25. The total gross earnings of the show for the promoter Live Nation was $693,231

You see the same issues that affect metal and rock musicians, affect Florida Georgia Line. However that didn’t stop them from making a lot of money for their record label from recorded music and to have gross concert sales of over a million dollars.

Meanwhile, Halestorm played a sold out show in Anaheim, California on June 5, 2015. 1704 tickets got sold. A ticket costed $25. Halestorm have no certifications however they are consistent sellers for their label. They have a niche audience and haven’t crossed over yet.

A lot of sales in the Eighties for metal and rock acts were driving because all of the artists crossed over into the Mainstream during that time.

Now, metal and rock acts are back in their niches. This time around a certain elitism is also attached to these niches. It’s not the internet’s fault, or P2P piracy’s fault.

One of the biggest critics of P2P downloading is Scott Ian from Anthrax. Well, lucky for Scott Ian and Anthrax, they keep on getting put on tours as openers.

Let’s look at some Boxscore returns from Volbeat’s recent run of live shows in the U.S;

Volbeat, Anthrax, Crobot
Rushmore Plaza Civic Center Rapid City, S.D. April 25, 2015
GROSS: $127,645
TIX SALES: 3,236 / 5,000

Volbeat, Anthrax, Crobot
Spokane Arena Spokane, Wash. April 27, 2015
GROSS: $97,806
TIX SALES: 2,500 / 5,000

Volbeat, Anthrax, Crobot
Adams Center Missoula, Mont. April 28, 2015
GROSS: $92,407
TIX SALES: 2,355 / 5,000

Volbeat, Anthrax, Crobot
WaMu Theater Seattle, Wash. April 29, 2015
GROSS:$126,936
TIX SALES: 3,256 / 5,000

Volbeat, Anthrax, Crobot Brandt Centre Regina, Saskatchewan May 6, 2015
GROSS:$115,055
TIX SALES: 2,824 / 5,000

Volbeat, Anthrax, Crobot, Three Days Grace, In This Moment
Alliant Energy Center Madison, Wis. May 10, 2015
GROSS:$110,929
TIX SALES: 2,947 / 5,000

Volbeat, Anthrax, Crobot
General Motors Centre Oshawa, Ontario May 12, 2015
GROSS:$81,242
TIX SALES: 2,023 / 2,776

Volbeat, Anthrax, Crobot
TD Place Arena Ottawa, Ontario May 13, 2015
GROSS:$76,721
TIX SALES: 1,763 / 5,000

Volbeat, Anthrax, Crobot
Cepsum Montreal, Quebec May 15, 2015
GROSS:$80,565
TIX SALES: 1,946 / 5,000

Volbeat, Anthrax, Crobot
Dow Event Center Arena Saginaw, Mich. May 18, 2015
GROSS:$88,034
TIX SALES: 2,224 / 5,000

Volbeat, Anthrax, Crobot
Ford Center Evansville, Ind. May 19, 2015
GROSS:$71,715
TIX SALES: 1,832 / 3,500

Volbeat, Anthrax, Crobot
Aragon Ballroom Chicago, Ill. May 20, 2015
GROSS:$88,524
TIX SALES: 2,229 / 4,745

Volbeat, Anthrax, Crobot
Tyson Events Center Sioux City, Iowa May 22, 2015
GROSS:$76,990
TIX SALES: 1,973 / 5,000

Volbeat, Anthrax, Crobot
Verizon Theatre Grand Prairie, Texas May 27, 2015
GROSS:$71,636
TIX SALES: 1,827 / 3,697

Volbeat, Anthrax, Crobot
Bayou Music Center Houston, Texas May 28, 2015
GROSS:$79,474
TIX SALES: 2,012 / 3,304

Volbeat, Anthrax, Crobot
Pop’s Sauget, Ill. May 31, 2015
GROSS:$68,996
TIX SALES: 1,802 / 3,500

The truth is, any metal band in 2015 is in a niche market.

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

In Copyright Corporations Trust

I have a Google Alert set up called “Copyright Music”. Each day, I get five to ten alerts about Copyright stories.

Let’s not kid ourselves about Copyright in 2015. It is a monopoly that is controlled by greedy corporations who contribute nothing of value to the public domain or to the music industry.

A lost Beatles concert film from February 1964 (51 years ago) has been stopped from getting released because Sony and Apple Corps (The Beatles label) took the film makers to court screaming copyright breaches.

The breach is due to the film containing eight songs out of twelve that are still under Copyright.

So who is Copyright benefiting here?

You need to remember that it was due to a lack of copyright on standard blues and folk classics that benefited the British Rock invasion in the Sixties and Seventies. I can tell you that between 1955 and 1975, no song recorded 51 years ago, in other words from 1904 to 1924 was still under copyright. And look at the music we got.

It is due to copyrights expiring that we have a song from the 19th-century by a little known guitarist called Francisco Tartego now known as “The ‘Nokia tune”.

Who knew back in the 19th century that when he wrote the song called “Gran Vals” would end up being one of the most-played songs in music history.

So what we have here is a situation where corporations who hold the copyrights to old songs, fighting tooth and nail to keep these copyrights. And these greedy corporations are changing laws to suit their business models.

Copyright exists to create incentives for artists to make new works. Extending the rights for recordings made in the 1970s and earlier doesn’t encourage new music. At best, it might generate some income for the small number of “oldies” labels and rights holders whose recordings still have commercial value.

There is no greater Copyright sin than the case against Men At Work. The band lost a court case in 2010 because a judge found that a 10 second flute riff in the 1981 song “Down Under” copied parts of a song called “Kookaburra Sits in the Old Gumtree” from 1934.

As the article states;

“Kookaburra is a simple, four-bar tune. Men at Work were found liable for copying two of these bars. The Court found that this copying was sufficient to award Larrikin Music Publishing – the current owners of Kookaburra Sits in the Old Gumtree – 5% of Down Under’s royalties from 2002 onwards.”

The disconnect here is that people/company who didn’t even write the song “Kookaburra Sits In The Old Gumtree” suing the Men At Work writers almost 30 years after the release of their song and 67 years after the “Kookaburra” song was released.

So who is Copyright benefiting here?

Remember copyright is designed to promote creativity. The writer of the song has passed away. On death, all copyright used to cease and the works would fall into the Public Domain. It hasn’t been that way for at least 60 years.

Led Zeppelin who are no strangers to infringement lawsuits have another one on their hands, albeit 43 years later from when “Stairway To Heaven” was released.

Expect Metallica to cop a few lawsuits in the future once the copyrights to some obscure NWOBHM songs end up with Corporations. Just think of the songs “Welcome Home” and “Enter Sandman”. If i was Metallica Inc, I would be the ones purchasing the rights to the NWOBHM songs they copied otherwise a lawsuit will eventuate.

If you need further evidence about how important Copyright is to corporations (instead of artists) look no further than the donations these corporations give to politicians.

Since Copyright became a financial windfall for the Corporations that hold the rights to songs, we have those same corporate entities via their lobby groups donating to political parties in the name of Copyright.

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Copyright, Music, My Stories, Piracy, Stupidity, Unsung Heroes

Rock/Metal Quotes

“Our first deal, for example, was for five records, so there was development there. They looked at it as: ‘Let’s invest in these first two records, and if nothing happens, no big deal. Maybe the third record will be the turning point, and then four and five we’re on the gravy train.’ I think that was the record company’s perspective.”
Alex Lifeson. RUSH

It was always the fan that had the power. Fans invest in the artist. It never mattered what the record company thought or believed as it was the fan who decided if the piece of vinyl was worth their money. The labels had the gatekeeping power to decide who got to a recording studio or who didn’t. And they used that power wisely to accumulate artists’ copyrights.

“If we were to release those same three records now: Fly By Night – the record company would’ve gone, ‘Okay, let’s hang on.’ With Caress of Steel, they would’ve dropped us right away, because it was a commercially unsuccessful record, but we needed to make that record to make 2112. So there would be no 2112 for Rush in 2015. I’d go back to plumbing or some other job. That just doesn’t exist now, whereas back then, as nervous as they were, they still were there to support us.”
Alex Lifeson. RUSH

The labels did not support the artist. They supported a copyright monopoly. Their accountants knew very early on that holding the copyrights for songs would be a big financial winner for them in the future. The labels have used their accumulated copyrights as leverage to negotiate licence fees with Apple Music, Pandora, Spotify, Deezer and all of the other streaming services.

To prove my point, let’s look at an Italian hard rock/metal label called Frontiers Records. Look at the albums they have released, especially in the last five years. You will see a trend of certain artists, re-recording their best songs from the Eighties and Seventies and putting these recorded versions under a new Copyright. Frontiers will pay the artist for their work, and they keep the copyrights of these forgeries for a very long time.

Who is the winner here?

The artist or the record label.

“For new bands, everybody makes CDs. Years ago, nobody had CDs. You had to have a record deal. Everybody’s got it [now]. And there’s so much competition. The Internet is good in a way to get your stuff out there, but the whole music industry is wrecked.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

“For me, it’s an interesting dichotomy. Because, on one hand, you’ve got people who are streaming, but then they use that to decide whether or not they wanna buy the album, as opposed to illegal downloading. But then there’s the other side of it where people are kind of using it as, basically, satellite radio, where it’s, like, ‘I’m just gonna listen to this.’ But people still pay a subscription for it. So, in one way or another, the economy is still working. It’s just that… We can’t catch up with the technology; that’s the problem. There’s so many innovations that the powers that be can’t figure out… they can’t get ahead of it.”
Corey Taylor. SLIPKNOT/STONE SOUR

The gatekeepers are no more. It’s an open market and simple economics rule. Supply vs Demand. Music at the moment is in huge supply and the demand from the fans is spread thin.

For example, in the next three months there are about 40 albums that I am interested in listening too.

For August, I am looking forward to Soulfly’s “Archangel”, Bon Jovi’s “Burning Bridges”, Disturbed’s “Immortalized”, Pop Evil’s “Up”, Five Finger Death Punch’s “Got Your Six”, Fear Factory’s “Genexus”, Bullet for My Valentine’s “Venom”, Act of Defiance’s “Birth and the Burial”, P.O.D.’s “The Awakening”, Motörhead’s “Bad Magic” and Soilwork’s “The Ride Majestic”.

For September, I am looking forward to Shinedown’s new one, Iron Maiden’s “The Book of Souls”, Slayer’s “Repentless” and Atreyu’s “Long Live”.

For October, I am looking forward to Children of Bodom’s “I Worship Chaos”, Collective Soul’s “See What You Started by Continuing”, Coheed and Cambria’s “The Color Before the Sun”, Deftones new one, Queensrÿche’s “Condition Hüman”, Sevendust’s “Kill the Flaw”, Trivium’s “Silence in the Snow”, W.A.S.P.’s “Golgotha” and Stryper’s “Fallen”.

Some I would buy and a lot I would just stream WHEN I HAVE THE TIME.

“All due respect to Mr. Simmons, I think when he talks about rock being dead, I think he talks about the old-school way of album-tour-album-tour-album-tour. That’s just not the way you do it anymore. There’s so many other things and ways to continue the history of this industry, and to continue to be on top. I mean, I’m looking out at headlining Download [festival] in the U.K. [Sarcastically] Yeah, rock is dead. That’s why there’s 85,000 people here at 11:30 at night in a downpour, and nobody left. Yeah, rock’s dead. Yeah.”

Corey Taylor. SLIPKNOT/STONE SOUR

Spot on. Fans of music haven’t disappeared and they haven’t resorted to freemium as the labels or the RIAA would like us to think. Fans still support music and artists in their own way. I purchase CD’s, I stream music, I download music and I go to concerts. The old model of album sales and then a tour is broken. So a new model is required.

“Well, we have such an incredible reaction to [JUDAS PRIEST’s latest album] ‘Redeemer Of Souls’ that really motivated us to crack the whip and get on with making the next record pretty quickly. The clock is ticking, you know. We can’t afford to wait three years, or five years now, to make the record. And especially while we’re having this great, kind of, vibe with the fans and just this massive PRIEST family love fest type of deal. You know, who wants to go home and sit down for a year?”
Rob Halford. JUDAS PRIEST

“Fewer records get sold or streamed, less money is there,” he continued. “You used to sell enough records to not go on tour. In the 90s, you used to make as much money on tour as you would selling records. Now you make one-tenth of that money on records sales or streaming. The biggest problem with the new record business is that I don’t know who the fans are. Fans are the people who will actually pay for something.”
Peter Mensch. MANAGER

They (the recording industry) have to. But probably the best route they should take, I think they’ve been playing catch-up for a long time — they’re constantly trying to readjust and adapt. I think that probably the truth of the matter, the answer is to start from scratch and create a whole new playbook. Build a whole new business plan off of that. I don’t think anybody, at least that I’m aware of, has done that, started with just a blank slate and just started over. I think that’s really what needs to be done. Just level the building and build something brand new.”
Dee Snider. TWISTED SISTER

Fans are people who will actually pay for something when they want to pay. Growing up the Eighties, I had a circle of friends who would wait with blank cassettes for the latest music I purchased. We had a running joke to say “the leeches are in the house”. These fans copied Motley Crue, Iron Maiden, Metallica, Megadeth, Whitesnake, Night Ranger and so many other bands from me. Their whole music collection was dubbed music.

So time goes on, they get older, they get jobs, the internet comes, Napster rises and suddenly they have money to spend. They didn’t start to purchase recorded music, they just downloaded that for free. What they did start to purchase was concert tickets for the bands they liked. When Maiden toured Australia for the “Caught Somewhere Back In Time” tour, they went to the shows in Sydney and Melbourne. I only went to the Sydney shows. When Motley Crue came for the Carnival Of Sins tour they went to the shows around Australia. I only went to the Sydney show. When Metallica came, they went to the shows around Australia, plus the Soundwave shows and so on. When Megadeth came, they went to their shows.

“Because, at the end of the day, it’s about people knowing the music, not owning it.”
Corey Taylor. SLIPKNOT/STONE SOUR

Perfectly said.

“The only thing that’s really been affected is albums sales. Because there’s still just as many rock fans out there as there were, and there’s a whole new generation coming up. I mean, the contracts that you signed back then — even today — you’d have to sell five, six million at a pop to be able to turn a profit. So, for people like me, it wasn’t about making money off the album sales. I mean, it’s be nice, but it wasn’t the essential.”
Corey Taylor. SLIPKNOT/STONE SOUR

“I’m talking about the cost to buy a CD. You can get a brand new record from your favourite band for ten dollars, basically. And even that’s high, ’cause most bands will sell ’em cheaper, especially the first or two the records are out. So, for ten bucks you can get a new record. I mean, it wasn’t that long ago that CDs cost $18.99 at the Virgin Megastore. Records cost half what they used to cost, and people aren’t buying them as much, which is crazy to me. It’s never been cheaper. What more do the people want?”
Scott Ian. ANTHRAX

No one wanted to buy an album. WE WANTED TO LISTEN TO MUSIC. It was unfortunate that the music we wanted to listen to was put on a piece of vinyl or a CD or a cassette and sold at a very high price.

“For me, the album is the calling card. You hope people are hearing the music, but it’s not essential to sell the music, and that’s the thing you kind of have to balance today.”
Corey Taylor. SLIPKNOT/STONE SOUR

“Right now I don’t even know what the music business is. I have no idea. There’s no record stores. We live in Los Angeles, and the radio sucks. It’s better elsewhere. The bands put an album out, and they don’t play it. Then everybody downloads it for free. And it’s a mess. ‘Cause people need to earn money when they play music, just like you go earn money when you go to work. It costs money to make an album. You can’t just give it away for free.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

But it’s not for free. The album that you recorded has been put up on a streaming site. The label that put it up was paid a fee to license the music they have on that streaming site. Speak to your label and re-negotiate. When people listen to your album, 70% of the monies go to your label. Again, speak to your label and re-negotiate.

What is better?

A million streams or a 1000 units in sales. A million streams shows a large audience supporting your product that is waiting to be monetized in other ways.

1000 units in sales shows a 1000 people who purchased your music and then maybe listened to it once or twice or a lot. The problem is the artists don’t know either way if those 1000 units in sales are fans or not.

“Cause people are still buying CDs, but they’re also buying music on iTunes, they’re paying for accounts on Spotify. So it’s not like they’re not hearing the music. So when they come and see the show, and you play a song that is brand new and you get that huge pop, that’s what it’s all about. It’s all about that live show”
Corey Taylor. SLIPKNOT/STONE SOUR

“I understand there’s a thing called the Internet and people have the ability to steal music. So I understand why it’s happening, but you would think that people would just have the attitude, ‘I’m gonna support music, I’m gonna support the bands I love, because if I don’t support this, well, the bands I love aren’t gonna be able to make records anymore and they’re not gonna be able to tour as much anymore.”
Scott Ian. ANTHRAX

Scott Ian is unfortunately stuck in the sales equals success mentality. As Corey Taylor has stated, fans of music support the bands they like in different ways. A typical fan could fit into any of the following combinations;

– Stream for free only
– Stream for free and purchase tickets to a show
– Stream on a paid subscription only
– Stream on a paid subscription only and purchase tickets to a show
– Stream for free and purchase a CD/mp3 only
– Stream for free and purchase a CD/mp3 and purchase tickets to a show
– Stream on a paid subscription and purchase a CD/mp3 only
– Stream on a paid subscription, purchase a CD/mp3 and purchase tickets to a show
– Purchase a CD/mp3 only
– Purchase a CD/mp3 and purchase tickets to a show
– Illegally download for free only
– Illegally download for free and then purchase a CD
– Illegally download for free, purchase a CD and purchase tickets to a show
– Illegally download for free and purchase tickets to a show

“Look, if I was a kid, and it was 1977 and I had a way to get KISS albums for free, I’m pretty sure I probably would have jumped on that bandwagon. But for me to get a free KISS album in 1977 would have meant having the balls to walk into a record store, take a vinyl album, stick it under my shirt and walk out without getting caught. There was a consequence to that. So it’s a completely different thing [today]. There’s no consequence to stealing music online … or anything: movies, or books, or anything.”
Scott Ian. ANTHRAX

Look Scott, when you were a kid, I am sure that you copied an album onto a cassette tape. That is called Copyright Infringement. This is the problem that you face with the internet. People have copied your music and are spreading your music via the Internet. No one has stolen anything. The iTunes mp3 is still available for purchase, the Anthrax albums are still available for streaming and so forth.

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

The Copyright Hijack

“What’s going on right now is a total conspiracy amongst all of the record companies and the music society, ’cause so many of those records, samples were done with no law around it. They took care of each other under the table. They took the money from the rappers, they charged them, told them they was paying me. They were splitting it amongst themselves.”
George Clinton

There is a common music quiz question, “Who wrote “This Land is Your Land”?

Woody Guthrie is credited as the songwriter. However, Guthrie is famous for writing lyrics to melodies of other songs, so in this case, the melody came from a song called “When The Worlds On Fire” by the Carter Family. So in 2004, the holders of Guthrie’s Copyrights, threatened a website with a lawsuit, who more or less did the same thing as Guthrie. They added new lyrics to the same tune.

So who is Copyright benefiting here?

What about the story of “Happy Birthday To You”. In 1893, kindergarten teachers Mildred and Patty Hill, wrote a song called ‘Good Morning to All’ for their students. In the 1920’s, the melody from that song evolved and the lyrics kind of changed to ‘Happy Birthday to You.” The song’s publisher, Summy Co. copyrighted both the songs and in the 80’s Warner/Chappell bought the company. Since then, Warner/Chappell has been collecting approximately $2 million a year in licensing fees for a song that is 100 years old.

So who is Copyright benefiting here?

The best part of Copyright is when government bills extending the terms of copyright. In Jamaica, the copyright term is now 95 years from the death of the author, or 95 years from publication for government and corporate works. What is made worse, is that the term extension, also retroactively went back to January 1962, which meant “that works that have already passed into the public domain in Jamaica are now to be wrenched back out again” and put under Copyright.

So who is Copyright benefiting here?

In all instances, Copyright is benefiting a corporation.

But, wait a minute isn’t copyright meant to benefit the creator and then the public domain.

In the UK, the Government wants people to respect Copyright, so their answer is for the High Courts to make it illegal to rip music off a CD or put DVDs onto hard drives that you legally purchased while streaming services tell us “we don’t want to own content, we just want to access it”.

Meanwhile, when legal services are made available at a price point that agrees with people, something magical happens. Money is made from recorded music.

In the UK, there are on average 500,000,000 streams a week. In one year that figure has doubled. That is a lot of money coming into the recording labels coffers. Do the math!

In Spain streaming payments are proving to be the recording industry’s savior. Isn’t it funny when legal services are made available at a price point that the public likes, piracy becomes obsolete.

So who is Copyright benefiting here?

500 million streams a week is a decent amount of money going to the record labels.

But due to heavy lobbying from the film and music industries, the UK Government plans to raise the online piracy prison sentence to 10 years while artists thank piracy for bringing fans to their concerts.

“I just want people to have access to my music. If there was no piracy, why can I sell out 20,000 people every time in Brazil? Is it because of how many records we sold in the shops? Of course not.”
Dave Guetta

If the above sounds familiar, it should, as a lot of metal artists have said the same thing. Watch Flight 666 and see what the Maiden guys have to say about selling out Costa Rica, India, Mexico and other parts of Central and Southern America. Those ticket sales and merchandise sales came from people who obtained their music illegally.

The best answer to piracy is to accommodate it.

Look back to the book pirates in the 1500s. The printing press (new technology of the time like the Internet) came out in 1440. This led to the Governments of the time to give certain Publishers a monopoly (like Copyright) on printing books. This led to issues between the publishers that didn’t have any rights to print books. So their response was to become pirates.

Eventually, these pirates or idealists started to be accommodated and more legal licenses given to various Publishers. Piracy problem, solved.

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