Category Archives: Copyright

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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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.

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

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.

Copyright was designed to protect the creator.

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.

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

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.

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

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.

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