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

Freedom With Streaming

I love freedom.

The freedom to live where I want, do want I want and when I want to.

I also love music and I also love to hear music wherever I go and when I want to. Today, there are a lots of ways to hear music.

to buy a digital mp3
to stream for free
to buy a CD
to pay for a streaming subscription
to illegally download it via P2P

Pre-Napster, the only way to hear the song you liked was to purchase the album or single it came on. Alternative methods involved waiting for the radio to play it and you dub it to cassette or you dub someone else’s original copy onto cassette or CD.

The big difference between then and now is availability. Did you know that Slash also used BitTorrent to release “Live At The Roxy”.

His reasons for it are real simple.

To allow people to access his music from any outlet they desire. He goes to Spotify to consume music and like many others, he still likes to have a physical copy in his hand.

I enjoy my music and I enjoy it a lot, however in the Eighties and early Nineties, I couldn’t enjoy it as much because I simply didn’t have enough money. Thank god that second-hand record shops became big business by the early nineties and it allowed me to purchase a lot of Seventies and Eighties LP’s that I couldn’t afford to purchase before.

Even though the clueless mainstream press always toes the RIAA and Record Label viewpoint that music is in dire straits, I say the opposite.

Look at how much money the labels are making from the various streaming companies who are paying a lot of money to license the labels catalogue. Here is a list of the top eight streaming companies out there;

Spotify
YouTube
Google Play
Apple Music
Pandora
Rdio
Deezer
JB HiFi (in Australia)

Each of the above companies paid the record labels a high license fee in order to have music on their service. They then pay the record labels (who are the major copyright holders) 70% of their profits for songs streamed. When you take into account that streaming services made over $1 billion in the US last year, 70% of that went to record labels. From the other 30%, the record labels took another cut via their licensing fee system.

Apart from streaming bringing in billions of dollars and putting a massive hole in piracy, it has also changed the way people view sales of music, the charts and every other metric associated with music.

The Top 40 once upon a time was a benchmark for what was popular. The metric used to judge popularity was sales. The view was that if an album or a song got into the Top 40, the artist would go on to become a household name. In 2012, the charts started to include digital sales and streaming. Streaming listens enable songs from the past to re-enter the charts, even though the band or artist who wrote it are retired or have departed this Earth.

Quincy Jones said recently that there is no music industry.

Maybe he meant to say that the record labels are making a lot of money from other avenues, however they are just not passing on those monies back to the artists and the songwriters. Maybe he meant to say that the recording industry does not have a monopoly on music anymore. In the end, the music industry as a whole is very much alive and well.

Quincy Jones also said that artists “can’t get an album out because nobody buys an album anymore.”

Umm, Quincy, or Gene or Paul or Yngwie, no one wanted to buy an album at all. All we wanted to do was to listen to music. Maybe he meant to say that people only want the best, so the concept of an album with a few good songs and a lot of filler is not working in 2015. Maybe he meant to say that instead of a handful of gated releases each week, in 2015, we have thousands upon thousands of albums released.

Quincy Jones said newer online distribution model’s don’t mean anything.

Maybe he meant to say that the newer online distribution models have taken away the record labels gatekeepers. With no filter in check, people are overwhelmed with noise. It’s a good thing and only the best will end up rising to the top. The fact that streaming services bring in over a billion dollars each year means nothing. The problem is the record labels. Those monies are just not getting back to the artists and the songwriters.

Quincy Jones reckons that selling 4.5 million albums today and thinking it is a hit record is a joke as he used to sell 4.5 million records every weekend in the 80’s.

Maybe he meant to say that selling 4.5 million records shows that you have an audience, people who care for you and people who will come and watch you live. The fact that people listen to the music over and over again is irrelevant to Quincy Jones. Yes, Quincy, that’s right, people streaming your music are just as important as selling 4.5 million records a week. Maybe he meant to say that I am so out of touch with what fans want, the only thing I know is sales and sales only.

I know that Quincy is not metal or rock, but his viewpoints echo similar viewpoints from Gene Simmons, Yngwie Malmsteen, Paul Stanley, Scott Ian, Duff McKagan, Kirk Hammett, Joe Perry and Roger Waters. You could easily change the name Quincy Jones above, with Gene Simmons, Yngwie Malmsteen and so forth.

Overall, being a musician is tough. It always has been and always will be. There are no overnight successes. Never have been and never will be. Ignore all the crap and make your own way. There is a lot of money to be made in music and it doesn’t just involve writing and releasing an album.

Remember back in the Seventies and the Eighties. Artists had to conquer their local area first, then their state, then the next state and so forth.

With the internet, artists have a global audience right off the bat. But the need to win fans city by city is still the same.

Rockin In The Free World

I’m a great believer that information should be easily obtainable.

Just recently, I heard “Rockin’ in the Free World” again. The last time that I remember hearing that song was on some MTV awards show. It was the one that had Neil Young and Pearl Jam playing it together. Fast forward almost twenty years later and we have a megalomaniac that no one cares about, using the song for a presidential campaign.

If I associate the song with anything that is happening today, it will be about music and how it is free. Back in the nineties it would have had a different meaning.

But let’s look at the title, “Rockin’ In the Free World’.

What does “free world” actually mean these days?

Back in 1989, the free world to me came down to democracy “being free” and communism being “oppressive and restrictive”.

In 2015, Australia, the U.S and the majority of the democratic, free nations, are spying on its citizens for the perceived “greater good”.

In 2015, democratic nations are trying to pass secret bills that the people who voted them in cannot see or know about, however the Corporations that finance their campaigns are allowed to see the bills and ask for changes.

In 2015, democratic nations are imprisoning whistle-blowers who expose their secrets, labelling them as terrorists and dissenters.

In 2015, our courts of justice are overrun with requests for the courts to approve the handover of personal information to the ones who pay the most.

In 2015, copyright is used to suppress free speech. If you don’t believe me, a court in France has ruled that a magazine violated copyright law.

What did the magazine do that was so bad?

They had an article that showed people how to access illegal sources of music and movie content online.

Isn’t it funny how on the one hand, the “free world” that we know has become restrictive and oppressive while on the other hand, a lot of the information or content that was once restricted, is now free because of people sharing.

People are sharing because they are infringing on a restrictive law called copyright. And the response by the industries affected is to pay politicians a lot of money to write and pass even more restrictive laws.

Even when technology companies like Spotify and Netflix or the pirate sites themselves show our governments that giving customers what they want is better than restrictive legislation, what do our governments do in response?

They pass legislation that is restrictive and oppressive. Australia has now joined other democratic “free world” countries in introducing site blocking legislation in order to keep media companies happy.

However, as the Recording, Book and Movie Industries started to grow, business people came out from their corporate offices and stuck their claws into Copyright. So what we have today is business people defending the copyright monopoly, while they are robbing artists and their fans dry. These same defenders of the copyright monopoly are laughing all the way to the bank while exploiting the system in a legal way.

Seriously, would an artist need a copyright on their works 70 to 90 years after they have died. Of course not, but the companies that built their business on obtaining copyrights sure have a need.

Artists create not because they can make money off it as individuals, but because of who we are. We have been creative creatures from the start of civilisation.

Meanwhile, while the Australian government bends its backside to the legacy media companies, Netflix keeps on making huge inroads in the Australian market, with over 1 million users since its April launch this year. The reason why this number is staggering is that Netflix’s competitors in Australia have about 300,000 users combined.

Surely this is proof that Australians do pay for movies and TV shows if they are provided in a way that is convenient to them. And we are paying for a Netflix subscription that doesn’t have nowhere near the content that the U.S version has. But we still pay, because it allows us to watch their content, when we want to watch it, over and over again.

Not in a time slot like PayTV. Keep on rocking is what I say.

Recording Industry Dumb and Dumber – The Sequel

So the Recording Industry in Australia is welcoming new anti-piracy legislation. High fives all around for site blocking laws. Add to those Recording Industry high fives, Movie industry high fives and any other legacy content owner.

The question I have is this;

With site blocking now becoming law, what does the Recording Industry believe would happen to their businesses profits?
Would people suddenly return to buying CD’s?
Would people suddenly buy an expensive Foxtel subscription to watch ten episodes of “Game of Thrones”?
Would people who normally don’t go to the movies, suddenly start going to the movies?
Would people suddenly go out and buy books, or e-books?

Site blocking laws are designed to stop people from accessing websites that film, TV and music companies say are hosting their content without permission. Surely, our government officials would have looked at the U.K before deciding if site-blocking was the right way forward.

In the UK, The Pirate Bay has been blocked since 2012 however people have found ways to get around that block. Even though site blocking laws exist in the U.K, sales of music are still declining. However, if the industry puts more emphasis into their streaming business, then some different results could appear. Lucky for the U.K, they have a lot of popular artists right now and these artists are really pushing the streaming side of their music.

So in return the U.K have more people streaming more music than ever before. By 2019, streaming is expected to account for 49 per cent of music revenue in the U.K, compared to 22 per cent in 2014.

Digital music downloading (both legal and illegal) is a thing of the past. It’s history. Why would we want to pay for an mp3, when the history of music is at our fingertips with streaming and we, the fans, like it.

It’s easy and uncomplicated.

So since streaming is king, can someone tell me why we need the Entertainment Industries going to the courts to block websites based on their own evidence?

I think the catch-cry put out by the government is “the laws will protect the viability and success of creative industries while restricting the profitability of sites that facilitate piracy.”

Yep, Mr Government, as long as you and your financiers know what that means, it’s okay, we believe the shit you say.

I would be interested to see the model they used to show how the laws would protect the creative industries especially since Australia is a huge market for DVD and Blu-ray sales.

How can the entertainment industries explain the HUGE profits they get from DVD/Blu-ray sales in Australia?

Let’s use Game Of Thrones.

The TV show is hidden behind an expensive Pay-tv paywall in Australia. The actual subscriber numbers for that Pay-tv provider are lower than the sale numbers of the DVD/Blu-ray season releases.

Where did all of these extra fans come from?

The content owners need to be talking about lowering their licensing fees so that the monthly streaming plans are cheaper and that all content is available in the one place.

I have a Netflix subscription and a Spotify subscription.

The content industries should be pushing more people to these services. In return, the money pie will get bigger. It’s simply economics. These industries cannot pretend anymore that the old business models are coming back.

Let’s use Game of Thrones for another example.

If HBO wants to stamp out piracy, ensure that the show is available to everyone globally from the one HBO source.

Not from a reseller.

HBO makes, it, so they should sell it, to the people who want to watch it, when they want to watch it. I cannot for the life of me understand why people need to pay another company who paid HBO a fee to re-broadcast it. It’s a business model that is doomed.

Why do you think Netflix started to make their own TV shows?

Hell, why do you think HBO started their own TV shows? Remember, HBO was once a Home Box Office re-broadcaster.

Because re-broadcasting is not a viable business models. Same deal for music streaming services.

Expect Spotify to start to sign bands and really shake up the streaming world.

Another Episode in the Recording Industry Dumb and Dumber File

Seriously, how stupid can the recording industry get!

Why would the recording industry associations battle a Copyright ruling that allows people who purchase a CD to legally rip it?

First, CD sales are on the decline. The whole history of music is available on YouTube and Spotify and Pandora and (insert any other streaming service here).

So why does the recording industry still fight “ripping a CD” laws. No one with any common sense can believe what the UK Music and the British Academy of Songwriters claim.

That if people are allowed to rip the CD’s they legally buy, it would cost the rights owners tens of millions. So what they want is a tax on back up CD drives.

Are these recording industry idiots seriously that out of touch with technology?

Don’t they know that most computers don’t even come with a CD drive! My Apple iMac doesn’t even have a CD drive. In other words, CD drives are disappearing at the same rate that CD sales are disappearing.

But the recording industry, which the article incorrectly calls the music industry, still believe in some 1998 ideal of CD sales and ownership.

Even one of the largest tech companies in the world, believed that music was all about ownership and not access. For whatever reasons, Apple is very late to the streaming party.

When Steve Job’s introduced the iPod back in October 2001, the selling point was “this amazing little device holds a thousand songs, and it goes right in my pocket”. For millions upon millions of music fans, the iPod became a must and in return Apple continued to grow into a very powerful company.

However, Jimmy Iovine and Eddy Cue offer nothing amazing with Apple Music. They offer a music service with features that already exist in Spotify or even Soundcloud. But they hinder their music service by putting it behind a paywall. This new “revolutionary” product is mired in the past.

It’s like the record labels constructed Apple Music and not Apple itself. Maybe that is the truth as Jimmy Iovine’s background leans more to the recording industry than the tech industry.

Artists payouts has proven to be a contentious issue again. Transparency in the area is non-existent. Apple was not going to pay artists during the streams that happen during the three-month trial period. Then Apple did an about flip and said they would. On top of all that, Apple Music is being investigated for anti-competitive behaviour. The last thing the labels would want is a government investigation.

Did anyone also notice that when Apple did its reverse flip on paying royalties during the free 3 month periods, it was Eddy Cue who went on the record. Meanwhile, the recording industry stooge Jimmy Iovine, remained silent, just like the label heads at Universal, Sony and Warner. However it was those idiots that created this mess in the first place.

If you are a musician this is what you should know;

• Music streaming revenue is surpassing sales of music downloads.
• Research from P. Schoenfeld Asset Management shows that there will be 250 million worldwide music streaming subscribers generating over $16 billion in streaming revenue.

Your challenge is to get people to listen to your music consistently. Forget about the CD sale, or that Vinyl sale or that download sale. They are memento products. Listens is your sale. Eventually, the fan base that listens will start to want your memento’s.

One last thing.

If your song is not on Spotify, it is on YouTube. Taylor Swift took her music off Spotify and saw her YouTube plays increase. Yep, that’s right. Sales of her music didn’t increase at all, but her YouTube stats went through the roof.

It’s because people want to listen.

P.S.T (Piracy, Streaming and Touring)

All the talk in the media from the old gatekeepers is that piracy is bad for the artists or that Spotify’s free music-tier is bad for artists.

So can someone tell me how Motley Crue is playing in Abu Dhabi?

If we lived in the world of the old gatekeepers, the record labels would be in control and Motley Crue would have sold hundreds of thousands of albums (on a consistent basis) in the UAE before it was even considered to tour there.

However, in the internet age, it is a much different world.

Motley Crue suddenly has an audience in the UAE.

Is this audience courtesy of piracy or legit sales or legit streams?

There is a strong indication that Motley Crue’s UAE audience is due to piracy.

Do you know the Middle East is a huge region when it comes to illegal P2P downloading?

The following statement found in the book “Introduction to Private Security” by John Dempsey sums it up perfectly;

In Europe, Middle East, and Australia, P2P traffic consumes anywhere between 49 percent and 89 percent of all Internet traffic in the day. At night, it can spike up to an astonishing 95 percent.

You can do some further reading on countries where P2P piracy is very high at the following link.

Even though it is from 2011, the data tells us a few things.

Eastern/Central Europe, South America, Asia, Australia and the Middle East have high rates of P2P piracy as regions.

When you break it up to countries, China, Colombia, India, Russia, Malaysia, Turkey, Taiwan, Brazil, Saudi Arabia and Italy lead the way.

So let’s look at some of the recent tours bands have undertaken.

Metallica in 2011 did the “2011 Vacation Tour” that focused on Europe, South America, Asia and for the first time ever, they took in India.

In 2012, Metallica undertook the “European Black Album Tour” that focused solely on Europe.

In 2013, Metallica undertook the “Summer Tour 2013” which took in again Asia, Europe, South America along with North America.

In 2014, Metallica did the “Metallica by Request” tour which again took in Europe and South America.

Is it coincidence or shrewd planning that Metallica has taken in those markets. Hell, India is known as a nation of P2P downloaders, however it hasn’t stopped Metallica or Iron Maiden touring there.

Iron Maiden’s “The Final Frontier” tour (2010/11) took in Eastern Europe, along with Singapore, Indonesia, Australia, South Korea, Japan, Mexico, Colombia, Peru, Brazil, Argentina, Chile and Puerto Rico.

The “Maiden England World Tour” (2013), took in Mexico, Brazil, Argentina, Paraguay, Chile and Eastern Europe again.

The “Somewhere Back In Time” tour (2008/09) took in (apart from the North American and European markets) India, Australia, Japan, Mexico, Costa Rica, Colombia, Brazil, Argentina, Chile and Puerto Rico. Then on the second leg it took in Dubai (UAE), New Zealand, India (again), Mexico (again), Costa Rica (again), Venezuela, Colombia (again), Ecuador, Brazil (again), Chile (again), Peru, Argentina (again).

The Bon Jovi “Because We Can” tour from 2013 took in Brazil, Chile, Argentina, South Africa, Mexico, Japan, Australia, China, Malaysia, Singapore, China (again), Abu Dhabi (UAE) and Israel.

This was on top of the normal European and North American markets.

The “Bon Jovi Live” tour set to kick off in September 2015, takes in China, Malaysia, Singapore, Macau, Abu Dhabi (UAE) and Israel.

Five Finger Death Punch haven’t been around as long as Metallica, Iron Maiden or Bon Jovi, however it still hasn’t stopped them from hitting Japan, Singapore, Australia and New Zealand on their recent “Wrong Side Of Heaven” tour.

Avenged Sevenfold’s “Far and Middle East Tour” from 2012, took in Japan, Taiwan, Thailand, Singapore, Philippines, Malaysia and UAE.

Their “Hail To The King” from 2014 took in Brazil, Australia, Mexico, Chile and Argentina on top of the normal European and North American markets.

Their “Asian Tour 2015” will cover China, Taiwan, Thailand, Singapore, Malaysia, South Korea, Indonesia and Hong Kong.

Again the question must be asked, is it coincidence or shrewd planning. Streaming services can tell the bands which countries or even cities are streaming their songs and at what rates. Other firms out there like Music Metrics can tell bands, which countries or even cities are illegally downloading their music.

All of this data, once in the hands of a person that knows what to do with it, is a marketers dream.

Articles always point out that “pirates” are the biggest spenders and after seeing large bands hit markets with high piracy rates and still sell out shows, I would agree with that assertion.

Piracy, Streaming and Touring go hand in hand.

The Age Old Problem Of Music

The recorded music industry has finally stabilised and it is competing with free. Whatever arguments are put forward for recorded music to go behind paywalls, the world we live in demands that music be free. Piracy of music is no more.

Why would people bother?

My kids are happy with free and putting up with a few commercials. I am happy with it as well, and on the occasions that some of my favourite artists release an album that has a super deluxe edition, I purchase it.

All of this low price points does lead to a mathematical outcome. Profits are tighter, which in turn means large recording budgets go down. Who cares, right? With pro-studio equipment so cheap, 95% of musicians are DIY’ers’

But, are profits really tighter for the record labels. The whole Spotify/Sony contract highlights just how much money Sony is getting from being the holders of so many copyrights. Sony’s negotiating power is strong because of the artists that create musical works.

Unions have negotiating power because they have the workers behind them. Sony has negotiating power because they have accumulated the copyrights from artists that signed contracts with terms stacked against them. The unions fight for workers’ rights and better wages. Sony fights for a higher fee to their music catalogue and then fails to pass on the monies to its artists, both old and new.

The power of the labels has been accumulated by paying low dollars for a song. Take “Louie, Louie”. The song was written on toilet paper in 1955, recorded in 1957 as a B side and it did nothing. In 1959, Berry sold the rights to the song for $750. In 1963, the song became a hit. By 1987, Berry was living on welfare at his mother’s house. However, Berry did have some luck in a lawyer friend who managed to get his rights back just in time for the song to be licensed to an alcoholic drink commercial. Berry in this instance is part of the rare 1% that do have some luck. For the other 99%, no dice.

You know what the funny thing is, someone like Frank Zappa back in the early Eighties had the foresight to offer a proposal to the record labels to replace the LP model. Zappa proposed that the labels should store their recorded music vaults in a central location and offer the music via phone or cable TV straight to the user stereos via a subscription model. In Zappa’s words “providing material in such quantity at a reduced cost could actually diminish the desire to duplicate and store it, since it will be available any time day or night.”

The reason why Zappa was thinking outside the square back in 1982 was that the recording business was already in a state of bother, that the Internet and Napster brought to the forefront, 20 years later.

Change is constant. News used to be slow, we had three TV channels, music, books and films had gated/window releases, fewer people travelled and fewer people finished school. Not anymore.

You see, change for one side of the debate is always better and for the other side not so much. For the music consumer, the shift to access models over ownership models with lower price points is for the better. But it is far from perfect for the record labels and other gatekeepers. Even old school artists don’t like these changes. People have argued that it has led to unemployment or that creators have no incentive to create new music.

The age-old problem of music was always access. How do people hear it?

MTV broke down a lot of those access problems and made musicians into global superstars. MTV, P2P downloading and streaming are new approaches to age-old problems. While the record labels ignored the volcanic ash of Napster, the techies escaped the volcano blast and thrived.

The error of the record labels was in believing that what was familiar would not change. They got used to the high profit margins of the CD, so they found it hard to believe that in the space of a few years, those profits could disappear. Those marketing strategies and gated releases that have proven themselves over so many years, no longer bring in the sales the labels wanted. Instead it leads to an increase in P2P downloading.

Streaming has competed with P2P. Spotify has pumped millions upon millions into the recording industry. Money that was not there before. So what do the record labels, along with Apple and other misguided artists supporting Pono or Tidal want to do. Their solution to the age-old problem of access is to put it behind a pay wall.

Nice one. Let’s see how well that goes down.

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

Hard Working Musicians and Some Not So Hard Working Musicians

When I sit down to write a song, I write a song. That means, I have a vocal melody, chords and a certain feel behind it. In the bands I used to be in, I would then play the song for them. Now, my vocals are limited, so when I play the original song there are some notes I cannot hit. However the singer in the band can hit those notes.

Now according to Sebastian Bach, because he can sing better than Matt Fallon, he should get a song writing credit.

Come on man, this sense of entitlement that everyone has is getting downright stupid.

I love the Sebastian Bach era of Skid Row and I love Sebastian’s solo stuff. I saw Skid Row play at Eastern Creek in Sydney back in 1993. I purchased their debut album because I saw that Michael Wagener was listed as the producer. I remember dropping the needle and being blown away.

I remember also picking up a bootleg of the Matt Fallon era of Skid Row and being amazed at how good the songs sounded in demo form. Of course, Sebastian Bach is the better singer and he is the difference between a good band and a great band. Plus he is Skid Row. As good as Dave Sabo and Rachel Bolan are at writing the songs, people will always associate their band with Sebastian Bach.

But, in the case of getting a song writing credit just because he sang the vocal melody better, Sebastian has it wrong.

The Skid Row guys know the truth. History has always shown people trying to rewrite the past to suit a current point of view. But seriously, based on Sebastian’s definition, then guitarist Scotti Hill should also be credited as a songwriter for the Skid Row debut. Why not, hey?

Hill’s lead playing is all over the album and in “18 and Life”, the lead work is very definitive. But it doesn’t work that way. It never did, however in the new world we live in with plagiarism lawsuits everywhere, anything is possible.

Another person that keeps on getting it wrong is Yngwie Malmsteen. When is he going to realise that as good as a guitarist he is, without a great lead singer, his band and his songs are just average. Joe Lynn Turner and Jeff Scott Soto are the right vocalists for Yngwie however those bridges have burnt.

The problem with Yngwie and other artists like Kiss, is that they haven’t created anything worthwhile recently that would make us pay attention. So no one is interested in obtaining their new music. In Kiss’s case, they can still make good money on the road. In Yngwie’s case, he is playing clubs and bars.

You see, in music you work your ass off to get a break and to build an audience. Then you need to work even harder to keep that audience and to replenish it. The big dirty secret that eludes artists is that fans drop off, lose interest or just move on to other bands or different styles especially if the music coming out fails to connect.

If you want to listen to Malmsteen at his best, the first four albums are essential listening. Anything after that is for the hard-core fans.

These days it seems that the popular artists forget why they became famous. It’s because of the music, stupid. It amazes me when I read interviews with artists who don’t feel it is necessary to make new music. The latest is Paul Stanley. The reason why he is a somebody, is because he wrote music. And a lot of it.

Look at guys like Mark Tremonti or even Joel Hoekstra. Both guys are super hard workers.

Tremonti has two albums coming out within a 12 month period from his band Tremonti, plus another Alter Bridge album. Chuck into that mix the Fret 12 guitar instructional DVD’s that he has been doing for the last 10 years and you can see how hard he is working at releasing content on a consistent basis.

Hoekstra just released “The Purple Album” with Whitesnake, has a project called VHF that will be releasing an album soon and another project called Joel Hoekstra 13 that will also be releasing an album soon. In addition to that, he released music with Night Ranger just last year and toured with the Trans-Siberian Orchestra. All of that hard work is paying off for him at the moment.

So what do we know?

It’s hard work being a musician. It always has been and it always will be. Tremonti and Hoekstra are perfect examples of hard work.

Certifications, Recorded Music and That Spotify/Sony Contract

I always have a decent laugh when I read music news. It’s always interesting to see how a news item gets copied across from website to website in my Google Alerts with no changes and no critical analysis.

Remember back in the day when all the rage was about how artists are struggling to achieve platinum certifications. All the commentary focused on the moment or within a 12 month period. It was like a platinum certification was the be all and end all.

Now, back in the Eighties, MTV made every act that got rotation into a platinum act. But that was not always the case.

“Ride The Lightning” was released in 1984 and it is my favourite Metallica album. It took five years to achieve a platinum certification. 28 years later, “Ride The Lightning” was certified 6x Platinum. Music simmers away and it just keeps on connecting. It’s not about corporate deals, or mega marketing campaigns. Metallica’s “Ride The Lightning” album is proof. It competed with piracy and it still sold.

Anyway, the RIAA recently re-classed a “sale unit” to be a paid download or 100 audio/visual streams. Based on this new re-classification, did you know that Shinedown’s “Second Chance” was just certified triple platinum?

Not bad for a song that is 7 years old.

So what does this say about recorded music?

If a song connects with an audience, expect it to sell and be streamed. The facts are out there. It doesn’t happen overnight or in a year. In happens over decades.

“Second Chance” on YouTube has 9,766,633 views on the official Atlantic Records channel. Another YouTube user called “McDrinkable” has a lyric video up of the song and it has 2,749,110 views, while another unofficial YouTube user called “Dushan Galappaththi” also has their own lyric video and they have 957,103 views.

“Second Chance” on Spotify has 21,845,406 streams.

So what do we know?

We know that music is not about the instant payola. Great music that connects with an audience will be listened too and purchased for a long time.

The beauty of Shinedown is that a song that wasn’t a single has more streams than the hit radio songs. That song is “Call Me”.

But the record labels still push an agenda that piracy is killing their business, while they make millions upon millions in licence fees from the streaming music services.

If you don’t believe me, read this article on “The Verge”. The advances paid to the record labels do not filter back to the artists at all. But hang on a sec, the record labels have this power to negotiate with the techies because of the artists. And the artists get nothing in return. That, my friends is the recording business.

Which leads me to the dumb journalists and artists that rallied behind artists who spoke out against streaming services. Let me say it again, the streaming services are not the enemy here. The record labels still are.

Looks like Roger Waters never got the memo. Even APRA’s Brett Cottle doesn’t get it. He wants the government to fight against pirates, however it is the labels that are holding back royalties.

Times are a changing people, but the record labels refuse to change.

The Lies Of The Recording Industry

Money in the recording business is getting more and more each year. Warner Music Group has seen streaming income overtake downloads.

While Spotify is struggling to turn a profit from streaming, the labels are not. The free ad-supported tiers of streaming still make the labels money. The paid subscriptions model will also grow as IT companies are all about scale. This is what WMG CEO Stephen Cooper had to say and to me it is an important quote;

“The rate of this growth has made it abundantly clear to us that in years to come, streaming will be the way that most people enjoy music. Not only that, we are also confident that streaming’s ongoing expansion will return the industry to sustainable, long-term growth.”

Of course the main issue here is how are those streaming monies being filtered down to the creators.

The labels have large market power to negotiate because they have accumulated a lot of copyrights over the last 40 years. However the same artists that created those works get sweet f.a. The reason behind that is that the artist has sold or signed away their copyrights to the record labels for a fee. This normally happens before a song is popular, so the fee and the percentages the artists agree to are not representative of the market power that song might have in the future. Of course years later, the artist can re-negotiate their terms however the contracts are still stacked in the labels favour.

Even Universal Music who is pushing for no “free-tier” streaming service has seen substantial growth from streaming monies vs download and physical sales. Seriously, piracy equals zero revenue whereas streaming regardless of free/subscription offers a revenue stream. The more listeners these services get, the more income the labels get.

But the labels are greedy. If they reduce their music license fees, the streaming services can then reduce their monthly fees and more people will subscribe.

My kids love Spotify. They have grown up with it. For them, there is nothing else. Of course they don’t mind getting nostalgic with me and from time to time they ask me to play some vinyl or a CD. My kids also love Apple products so when I told them that Apple is trying to shut down the free-tier on Spotify and on YouTube, the first thing they said to me is “THAT’S DUMB”.

The public likes to be legal however we also want the legal alternative to give us what we want conveniently and for a low price. And finally in music we started going in that direction. Then came the “EXCLUSIVES”.

Suddenly, fans of music couldn’t hear everything on for the price they pay. And the end result is always piracy. People will pay for music again however it will be a long process. The label execs only think about the NOW. They are not interested in the long-term.

Back in the Eighties, not everybody paid. The recording business was challenged. We listened to the radio and we dubbed cassettes from already dubbed cassettes. We watched MTV. Eventually, people started to pay for music and the recording business grew exponentially. Greed set in and then a grenade went off in 1999.

Remember Napster. It showed the recording industry that the majority of music fans favoured access over ownership. A compressed file was deemed worthy by billions of people around the world. While the recording industry fought tooth and nail to go back to the old ways, technology companies managed to drag them kicking and screaming into a new way. Here we are 16 years later and access to music is a legitimate business.

But the recording industry want’s to ruin it all again.

Stupidity Incorporated

Stupidity just doesn’t seem to go away these days. Last month the World Intellectual Property Organisation (WIPO) promoted it’s World Intellectual Property Day with a slogan from a Bob Marley and the Wailers song called “Get Up, Stand Up”. WIPO’s theme was “Get Up, Stand Up. For Music”.

Did you know that a judge ruled against Bob Marley’s heirs a few years who sought to regain control of Marley’s copyrights from Universal Music claiming that Marley wrote the song as a work made for hire and thus Universal could keep the copyright, and not give it back to the Marley Estate.

Now “work for hire” means that an artist was commissioned to write a song to the exact specifications of the record label. Wikipedia states “work for hire” in the following way;

A work made for hire is a work created by an employee as part of his or her job, or a work created on behalf of a client where all parties agree in writing to the WFH designation.

I can’t believe how a judge would seriously believe that the record label at the time “Island Records” would have given the song titles to Bob Marley and told him the theme of what the song should be about.

Anyone involved in music knows too well that is not the case for at all. “Get Up, Stand Up” was written after Marley toured Haiti and the poverty that he was confronted with in that country.

As the Techdirt article points out, you have an organisation so dumb and out of touch with culture that it using a song from an artist that has been hijacked by the corporations who push for stronger copyright enforcement.

As far as I’m concerned, Bob Marley’s copyright MUST be in the Public Domain upon death. The public is meant to be the beneficiaries here, not the heirs and not the record labels.

Which brings me to the “Stairway To Heaven” court case.

You see I am not a fan of the heirs of an artist inheriting the copyrights of the artist once they die and I am definitely not a fan of the heirs of an artist suing others for money. We can all hear that Jimmy Page lifted the riff from the Spirit track “Taurus” and to be honest made a better derivative version of the Spirit track. For whatever reasons Spirit guitarist Randy California was cool with it and nothing happened. However the heirs are now challenging that.

What a sad state it is when a court has to decide on this and whichever way the court rules, the court is putting out the idea that one track is so original and the other is not. As a musician, trust me when I say that no song or riff is created in a vacuum. Each piece of music that comes out is a sum of our influences.

One final thing to add to my rant. When can the artists get it right when it comes to the music industry and recording industry references. Check out this quote from Ron Bumblefoot, the current guitarist in Guns N’ Roses.

”The music industry started to see their customers as their enemies and everybody suffered for it. Congratulations record industry – you’ve made a mess and you still don’t know how to clean it up.”

I always state over and over again, that the music industry is not the recording industry. They are two different entities. You see, the music industry didn’t see their customers as enemies, nor did they sue them, it was the recording industry that did that.

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