The World We Live In

I am over it.

I am over people like APRA/AMCOS CEO Brett Cottle calling on the Australian Parliament to offer legislative support to members of the creative industries.

I know from my own experiences APRA has been negligent for accepting dual song writing registrations on songs that I wrote and registered with them over ten years ago. They had the balls to call me up to ask me if I am okay with their negligence for accepting dual registrations and if I’m not okay with it, they can offer mediation to me to sort it out with the other party at a cost to be paid by me.

Yep, that sure sounds like a lot of support and respect from APRA/AMCOS towards the artists it is meant to represent. The truth of the matter is this.

Small time musicians don’t mean crap to these large organisations. All we do is generate a lot of money for them by playing live and by using our hard-earned monies to promote ourselves and get our songs on radio. Yep, APRA as a publishing and collection association collect those radio royalties (that we as artists worker our backsides off to get on radio) and those live returns from Club owners on our behalf.

They then hold the pool of monies for as long as they can before paying anything out to the artists based on a formula that no one can make sense off. That way APRA can double dip on the pool of money. They do that by earning interest on the large pool first and then they take out their admin fee.

So I am sick and tired at corporate entities that put out crap saying they are concerned about the artists. The music business and the movie business have consistently opted for legislation to combat piracy and when it comes to innovation they are continually dragged kicking and screaming into it.

The major record labels in the U.S killed off the 20 million strong membership of Grooveshark as it wasn’t legit enough for the record labels. Well guess what happened the next day. It was cloned and made available for users to stream music on.

Can we also make the distinction between the recording industry and the music industry?

They are two different categories. The recording industry is part of the music industry. The music industry at a high level also contains the live industry, the merchandise industry, the publishing companies, the collection agencies, the local clubs, etc..

So when I see people saying that the music industry cannot compete with piracy, it is totally a clueless and dumb statement to make.

I don’t see the live industry complaining because of piracy. I don’t see the merchandise industry complaining because of piracy.

Piracy is a recording industry problem. Actually I still find it hard to hear when people in the recording industry still complain about competing with piracy or pirates. People just don’t get it. The recording industry (and by default they acts on their roster) are competing against other products for fans/customers. It has been proven time and time again that if the customer sees value in the offering, they will pay for it.

There is a lot of money in the industry right now. “Blurred Lines” is just one song and it took in over 17 million dollars since 2013.

When it comes to music, I stream via Spotify for free and I buy physical CD’s from Amazon in the U.S or from the band direct. I never got into paying $1.29 or $2.19 for a digital mp3 of the song. However I do have a lot of mp3’s. When you buy pre-release albums from bands directly or via a fan funding campaign, you always get an mp3 version of the album. Amazon offers Auto-Rip and then there is the CD’s I purchased which I rip and put on my iPhone.

While ripping a CD is acceptable to an MP3 file is acceptable in the recording industry, the DVD I purchase is not allowed to be format shifted to an AVI file.

Torrentfreak is a website that I got to regularly to keep up to date on the latest issues around Copyright issues. So it’s no surprise to see that the MPAA is putting their hands in foreign policies. In this case, it was lobbying hard the UK Cameron government to not legalize DVD ripping. However the lobbying efforts didn’t pay off and the private copying exceptions became law in October last year.

Speaking of the MPAA, they are sure doing their best to keep their business model flourishing. Thanks to the Sony email hacks, the world know has official proof that the MPAA are offering grants to academics to write pro-copyright papers that can be used to influence future copyright policies.

As the article points this is nothing new for the MPAA.

Last November we revealed that the MPAA had donated over a million dollars to Carnegie Mellon University in support of its piracy research program. Thus far the Carnegie Mellon team has published a few papers. Among other things the researchers found that the Megaupload shutdown worked, that piracy mostly hurts revenues, and that censoring search engine results can diminish piracy. As expected, these results are now used by the MPAA as a lobbying tool to sway politicians and influence public policy.

So how is Brett Cottle from APRA/AMCOS or those stooges at Village Roadshow any different to the MPAA? All of these organisations profit from the creative works of others however they contribute nothing creatively.

In the end if copyright becomes too extreme, creativity will die.

Thank god in heavy metal and hard rock some common sense is prevailing when we hear similarities between songs. So far we haven’t had the court cases like “Blurred Lines” or the out of court settlements between Sam Smith and Tom Petty for the “Stay With Me” and “I Won’t Back Down” vocal similarities or the other out of court settlement between the song writing committee for Mark Ronson’s “Uptown Funk” and The Gap Band’s 1970s funk hit “Oops Upside Your Head.”

Music survives because the creators are constantly borrowing, sharing, and reacting to the different connections the 12 notes in the musical scale offer.

“The Ultimate Sin” is a forgotten song in Ozzy’s solo career (even though Jake E.Lee does perform it with Red Dragon Cartel) and it was good to hear part of the vocal melody get resurrected by Five Finger Death Punch in “Life Me Up”. Yes, they are similar for those small sections and if anything fair use is the order of the day.

Hell, we all know that Avenged Sevenfold’s latest album “Hail To The King” references a lot of great metal albums from the past. What about Kingdom Come’s “Get In On” and it’s references to Led Zeppelin’s “Kashmir”. As I have always said, music is derivative.

It’s getting ridiculous how everyone is slapping copyright lawsuits on everything and the reason why that is occurring is that corporations own the copyrights. Hell, even George Clinton who has been sampled by every hip hop artist known, is fighting Bridgeport Music (a publishing company) to get his rights back. Basically at this point in time, George Clinton has NO royalty rights.

Yep, the person who copyright is designed to protect and the person who actually created the music has NO royalty rights to his music. And of course, in case you didn’t know Bridgeport Music was also one of the plaintiffs in the “Blurred Lines” copyright case.

But hey, Bridgeport Music, like APRA/AMCOS would lead you to believe that they are pushing copyright agendas for the artists and that stronger copyright is needed to combat piracy. On the other side of the fence you have a housewife from the fifties who wrote the lyrics for a song called “G.I. Blues” which was later turned into a hit song for Elvis Presley who is not credited as a songwriter because she didn’t pay the $25 copyright fee back in the sixties.

But, wait, according to the corporations who own the copyrights, the world needs longer copyright terms and stronger enforcement rights.

That’s the world we live in.

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

Time Is Your Greatest Friend

The recording industry is a mess, known for its creative accounting, manipulative one-sided contracts, it’s lobbying efforts to enact favourable laws that benefit the executives and do nothing for the artists and it’s monopolistic control over any new technologies that seek to bring a certain value to the consumer of recorded music.

Streaming service Grooveshark is no more.

The service had over twenty million users. Surely that is ample proof to the record labels that there is a large market for a service/product to offer what Grooveshark offered. However, the record labels have the dollars and the power behind them and any legal war of attrition will end in a record label victory.

Grooveshark’s sin was that they didn’t license the music on the service from the record labels. All the music was uploaded to Grooveshark by its “users”.

Grooveshark contended that if they paid royalties for the plays on the service they would be legit. However, the labels wanted Grooveshark to also pay for the licenses to have the “user uploaded” music on the service. On paying royalties, Grooveshark was also hit and miss, playing the same record label games against them.

But in all honesty, paying royalties is a contested issue. There is no transparency around it so the system is open to abuse.

Nick Menza (former Megadeth drummer) is complaining on social media that Dave Mustaine is ripping him off when it comes to his publishing royalty payments.

Add to that the unsignable contract that Menza (like Bill Ward and Dave Lombardo before him) were given and you can see that when money clashes with art, you have winners and losers on many different sides.

You have winners and losers between the executives and artists. You have winners and losers between the managers and artists. Finally you have winners and losers between the individual artists themselves and it all cases the main creative force is the winner.

If you want an example of the discontent, look no further than the guitar riff in “Every Breath You Take” from The Police.

That riff has been sampled in a lot of pop and rap songs. All of the monies earned from those samples goes to Sting as the sole songwriter and not to Andy Summers as the creator of the riff.

You see, Sting wrote the vocal melody and played the chords on a keyboard. That demo version of the song was then worked on by the whole band to get it to the level that we know today.

That iconic guitar riff follows the keyboard chords that Sting laid down.

A, F#m, D and E.

However the way Andy Summers chose to play it by adding the ninth note of each chord is iconic and innovative. That extra tone and the palm muted arpeggios tweaked the simple chord progression into an Aadd9, F#madd9, Dadd9 and Eadd9 chord progression. But Sting is the songwriter and he gets all the royalties for when that riff is sampled.

Sales of recorded music always goes to the record label and very rarely back to the artist. So why are artist complaining about copyright infringement.

Monies for the artist come from other opportunities like licensing out music for advertisements of products. Australian band Tame Impala has made nothing from overseas sales however the monies they received from licensing out a song to Blackberry and to a Tequila maker ended up allowing the songwriter to buy a house and set up a studio.

As Kevin Parker from Tame Impala put’s it;

“I know what you’re thinking… “wait so…when I bought an album I was helping some businessman pay for his mansion on an island somewhere, and when some dude bought a mobile phone he was helping to pay an artist? WHHHYY?” I’ll tell you why, IT’S MONEY. It doesn’t always go where you want it to go.”

And the best take away from that Reddit session is the following;

“As far as I’m concerned the best thing you can do for an artist is LISTEN to the music…fall in love with it…….talk about it”.

The above sentiments are a far cry from what the classic rockers are talking about.

Roger Waters is angry at the techies for creating tools that facilitate “stealing” and he is angry with the “whole generation that’s grown up who believe that music should be free.”

I enjoy Pink Floyd. I like Roger Waters while he was in Pink Floyd.

I picked up Pink Floyd’s seventies output on LP from a second-hand record store (which meant that I picked up someone’s unwanted Pink Floyd records) in the Nineties and the only Pink Floyd CD that I own is “A Momentary Lapse of Reason” which I picked up from a discount bin.

Man reading his rant, he comes across as not sure if he should love his fans or hate them, because in the end it is the fans who love everything that he has recorded and spend $200 plus on a concert ticket that are downloading his songs. Not the tech companies. So which way does Waters want it.

Change is forever. Every other business can embrace change and move on however the recording industry is still fighting it. Gene Simmons, Paul Stanley, Roger Waters, Joe Perry and others all state that they are thankful they came out in a different time. Illegal copyright infringement is a record label problem, not an artist problem.

It’s actually one of the best times to be involved in the music business. The barriers of entry are low and recording technologies are affordable. You can physically create and distribute your music without a record label and do it for almost zero dollars. However, 99% of artists would still look for a record deal and then complain against the techies when the labels don’t hand over some of that streaming money that they have collected twice, once in licensing and then again in royalty payments for the listens.

The recording industry thrives in making their world look difficult and important. They will use trumped-up numbers of job losses, creative accounting charts and blame everyone else for the reasons why the artist is not getting paid. And the stupid thing is that the artists would sign up again for another term with the label with poor royalty returns.

The music business is not rocket science. Like any form of outlet there are some golden rules and the main one is to keep a decent cash balance.

So, yes that means the artist needs to work.

George Lynch had a record deal with Elektra and was driving trucks during this period just before Dokken broke through with the “Tooth N Nail” album.

Dee Snider worked many jobs while Twisted Sister was establishing itself as a serious live band.

Even Gene Simmons had a decent cash flow happening in the early days of Kiss. If you don’t believe me, then read “Face The Music” from Paul Stanley.

Music is an investment for the long-term that involves winners, losers and more importantly re-investment back into your career.

Time is your greatest friend.

Remember that.

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

Being A Musician Means ….

I still have the debate with people about the economics of being a musician vs earning money and the debate always ends with me asking the question;

Would a musician prefer to have their song or album shared/copyright infringed on/pirated (use whatever word you want, depending on what side of the debate you are on) 100,000 times or ignored and not shared at all?

The same conversations come up over and over again.

Musicians are either complaining about streaming payouts, copyright infringement/piracy of their music or jumping in with the corporations or the lobby groups looking for stronger copyright laws and enforcement. However, the music business wouldn’t be a business if it wasn’t for the fans. The customer. The consumer.

So what value is there to the consumer?

You see once upon a time, the musician and the consumer met with the RECORD. The record was an attempt by the musician to make something unique and likeable that it could be purchased.

A musician and a listener met with a performance via Radio, a TV spot or some other form of promotion.

This kind of listener might not end up as a consumer of the recorded product however there was always a good chance that this listener might end up at a concert hence making them a consumer in a way. From buying the record or from buying a ticket to the show, all of the exchanges are very one-sided. It is all about money leaving the consumer and going to the musician. The musician believes that the value comes in the music they provide.

With so much competition in the entertainment industry these days, surely obscurity is a much larger threat to a musician than copyright infringement will ever be. The more a musicians’ music spreads, the more true fans they will find that will end up becoming consumers. It doesn’t mean that all of those people will become consumers.

There is tons of music available that I will listen to. I enjoy doing that, however it doesn’t mean I like it enough to become a true fan and invest in the artist. However with Spotify I am investing in them by listening to them. In the past, I could listen to an artist from a taped copy or a mix CD and the artist got nothing from those listens. In the end each consumer has so much money to spend on entertainment products.

I like drinking wine and one thing I have learned from all the drinking I have done is that the price of the wine is not always indicative of the quality. So with all of the discussions about taking away Spotify’s free tier, it doesn’t mean that people will suddenly start to pay for a subscription. Just because music has a price, it doesn’t mean that it is something of quality that needs to be paid for.

There are other similarities between the winemaking business and the music business. Even in the wine making business, there are brilliant wine makers from around the world trying to break through the monopolies that control different markets.

Just like artists starting off, young wine makers invest a lot of time and money in their craft/product without knowing if that investment will pay off. They do it because they love it. The weather could be that severe/extreme that years could go by with so little yield and zero income. And once they produce that wine, it doesn’t mean that they have a consumer base to market it too.

Anyone gone wine tasting. You are physically at the door of the wine maker’s house where they open up bottles of wine and allow you to sample them. That is how wine makers form their tribe. By their cellar doors.

Metallica are kings of the hill because they formed a tribe around the people who heard their music and those fans followed the band everywhere. It didn’t mean that all of those fans purchased their music. And then Lars Ulrich did his best to divorce the band from its fan base with the Napster shenanigans. However the boat already sailed, with a lot of free music from Metallica doing the rounds. All of this copyright infringement established a whole new tribe for Metallica that is still sustaining them to this day. Yep those free loaders from Eastern Europe, the Middle East, South East Asia and Central/South America have become consumers to their sold out shows.

The fans are all a musician has.

Warren Buffet (investor) has an investment rule that rings true here when I think about the current status of some of my favourite artists;

“Be fearful when others are greedy, and be greedy when others are fearful.”

Tidal is all about greed. Taking away Spotify’s free tier is all about greed. Destroying the public domain by hijacking copyrights true intent is all about greed. The whole music business is about income inequality.

So can anyone blame us when we, the consumers became fearful of greedy people.

I support what is in my opinion the best music. I know other people’s opinions differ from mine. That’s just life.

As a musician I would be happy if my music was downloaded illegally 100,000 times and I am not one of those deluded people that equates those illegal downloads to 100,000 missed sales.

Do the math.

With no downloads a musician has no fans/listeners/future consumers and no cash.

With a 100,000 downloads via cyber lockers or torrents, the musician has possibly 100,000 fans and no cash at this point in time. I know what I would prefer.

There is a reason why Metallica and Iron Maiden have played to large audiences in Eastern Europe, the Middle East, China and South/Central America respectively and it has nothing to do with sales of recorded music.

Fame always came after however MTV made everyone believe that fame comes first.

And musicians in most cases are ignored for long periods of time before they break through.

Five Finger Death Punch is a band that sells a decent amount of recorded music right now and they have been doing those numbers since 2007. However the musicians in the band didn’t just come from out of nowhere. If you look at the individual band members careers before FFDP, you will see musicians who have been ignored. Their previous bands did not set the world on fire, however it was all stepping-stones. And the musicians that have that mindset end up reaching the top. The ones that want only the fame and the money end up in the rear view mirror.

Europe is a band that I have followed since “The Final Countdown” days. I purchased their back catalogue once that album broke through. I purchased John Norum’s solo output and I hold the “Face The Truth” album (with Glenn Hughes doing vocals on quite a few songs) in high regard. I followed Joey Tempest solo albums and with pleasure I took in their comeback from 2004 and onwards.

The first version of the band came together in 1979 and was named Force. Via a song writing contest they got a recording deal in 1982 with a Swedish label. By 1985, they had some songs in a movie that gave me some more traction. Joey Tempest wrote a song for aid in Ethiopia however at this stage the band was still largely ignored. That all changed in 1986 with “The Final Countdown” album. The journey was seven years long. Compare that to some of the ideals today of musicians. They believe that by putting up a video or a song on YouTube, we should all pay attention.

Michael Poulsen from Volbeat was in a death metal band called Dominus from 1991 to 2000. Then he formed Volbeat in 2001. Their first album came out in 2005. For the next seven years they kept on building on their following and it wasn’t until Metallica took them out as an opening band that American success came knocking. By 2012, Volbeat was a big business.

Do the math on the years in between. Poulsen became an overnight success however that success was 21 years in the making and a large part of those years dealt with being ignored.

That is what being a musician is.

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

Time Machine

Since I did my left knee I have been in bit of a slump. At first I thought it was some minor bruising and tissue swelling. I was getting better and within 2 weeks of the injury I was walking properly. There was still some tenderness however it didn’t concern me. During that period I also had an MRI.

Then I got the results.

Basically I have a complete tear of the ACL and a partial tear of the MCL.

Now I was very surprised at the mess in my left knee that the MRI showed. I was feeling better and even contemplating playing sport again.

The Doctor was very surprised to see me walking unassisted and pain-free. According to the Doc, I should have been in a bit of a bother.

The weird thing is that after the Doctor told me the results guess what started to happen.

I started to limp.

Isn’t it amazing how the mind processes information. Prior to knowing how unstable my left knee really is, I was walking fine and contemplating returning to the soccer field on the weekend.

After I was told the MRI results on Wednesday my mind became fearful that if I tried to walk properly I was doing more damage to my left knee and I started to limp.

So here I am bumming my way through the days. I always turn to music in days like these. At the moment I am trying to find some new band that I haven’t heard off that just blows me away.

I listened to “Issa” (Finnish female rock goddess) new album “Crossfire”. It’s actually her third album and it did nothing for me.

I listened to “We Are Harlots” self titled debut. For those that don’t know they are the hard rock super group formed by ex Asking Alexandria vocalist Danny Worsnop and ex Sebastian Bach guitarist Jeff George. I enjoyed three songs in “Someday”, “Never Turn Back” and “Love For The Night”. The sad thing is that those songs are not the ones out there promoting the album.

Then I listened to an album from a Swedish band called “Dirty Passion”. It did nothing for me. So I moved on.

I took in new albums from “The Poodles”, “Kid Rock” “Scorpions” and “Gun” in a marathon four-hour session.

Does anyone have four hours to spend to listen to music these days? It’s not like the days of old when you kick back with the record and the album sleeve and just take it all in.

The Poodles “Devil In The Details” album was a surprise and an enjoyable listen, however nothing memorable stood out.

Kid Rock had one great song in the title track “First Kiss” and that was it.

The concept behind Scorpions “Return To Forever” is brilliant. Going back to outtakes from their most successful commercial period (1980 to 1990) and re-freshening those outtakes into songs is a great way to pay homage to the past.

Musically it is a good album.

The origins behind the songs that I have read in interviews and on Wikipedia is brilliant story telling. That is what we love as fans of entertainment, the story, the narrative. The “Return To Forever” album is an enjoyable listen however it doesn’t have that X-Factor song that makes me want to go back. The closest they got to it is the song “We Built This House”.

For Gun, I think I had certain expectations for their “Frantic” album and at this point in time it didn’t live up to those expectations, which is okay as their first three albums “Taking On The World”, “Gallus” and “Swagger” are classics to me.

So I went back listening to some W.A.S.P from their Eighties days. I took in the self titled debut, “The Last Command”, “Inside The Electric Circus” and “The Headless Children”. I’m a huge fan of Blackie Lawless and that eighties period was also a very creative one for him.

Then I wrote some tunes in my studio. “Revolution In Black” is a cross between the AC/DC blues groove and the era of “You Cant Stop Rock N Roll” from Twisted Sister. Lyrically the song deals with growing up listening to metal music and wearing my black metal t shirts. In the end that is what we are, a REVOLUTION IN BLACK.

For “The World We Live In” my wife has been listening to a lot of the pop songs out on the charts and I noticed that they all follow the basic Em, C, G, D chord progression. Of course some songs are in different keys, however the progression is the same. For example, if the key was in B minor, then the progression would be Bm, G, D, A. If the song was in A minor, the progression would be Am, F, C, G.

Look at the list below and it just goes to show that music is all about the influence and re-using what came before;

One Republic – If I Lose Myself – 41,323,341 views on YouTube.
One Republic – Apologise – 100,377,441 views on YouTube.
Maroon 5 – Daylight – 17,539,902 views on YouTube.
The Script – Hall of Fame – 174,512,128 views on YouTube.
Imagine Dragons – It’s Time – 121,828,132 views on YouTube.
Bastille – Pompeii – 205,301,496 views on YouTube.
Passanger – Let Her Go – 588,321,169 views on YouTube.
Avicii – Wake Me Up – 597,531,921 views on YouTube for the official video. 221,445,894 views for the lyric video.
Keith Urban – You’ll Think Of Me – 1,581,515 views of the official video. 9,834,735 views of a fan made lyric video.
John Legend – All Of Me – 450,748,280 views on YouTube.
Bon Jovi – It’s My Life – 202,924,429 views on YouTube.
The Cranberries – Zombie – 219,952,452 views on YouTube.
Smashing Pumpkins – Disarm – 6,586,181 views on YouTube.

Looking at the above list, think of the dollars those songs have generated for artists and labels alike just by using the same chord progression. Hell, look at the YouTube view count for each song. Any artist would kill to have stats like that.

In a nutshell that is what “The World We Live In” is all about, a common chord progression with an uncommon vocal melody.

Then I went and listened to the new Halestorm album, “Into The Wild Life” (I have it ordered via Amazon and I came across a pirated copy, so I couldn’t wait to sink my ears into it). Lzzy Hale is a powerful leader and what a great voice. Emotional and yet aggressive. The band rocks hard when they need too and they can tone it back or pop it up when they need to.

Then I cranked the “Crooked Doors” album from Royal Thunder and I was BLOWN away. I listened to the opening track “Time Machine” over and over again. The albums tone, feel and emotion just resonated with me and the mood I was in.

The whole melodic guitar section from about 4.35 with the vocals layered over it is brilliant.

I know nothing about them.

It never used to be this way. We would get the scorched earth marketing push, the press interviews and the magazine articles written by the PR company.

Like Halestorm, Royal Thunder is fronted by a powerful female voice however both bands operate in two vastly different places when it comes to the commercial tree. Mlny Parsonz is a force to be reckoned with. When she sings, you can hear the years of vocal damage in her voice. And that is the uniqueness which makes her vocal style special.

Add to that the brilliant guitar playing from her husband Josh Weaver and you have a formidable songwriting team.

And suddenly I wish I was in the time machine, going back to that moment in time and not making some of the mistakes I made.

A to Z of Making It, Classic Songs to Be Discovered, Copyright, Derivative Works, Influenced, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit, Unsung Heroes

Death, Money, Consistency and Originality

DEATH

AJ Pero died a few days ago. That iconic drum beat at the start of “We’re Not Gonna Take It” that was him. A.J Pero wasn’t the pretty boy in the band that is for sure. He was the street dog that could groove. Dee Snider might have grabbed all the fame but that doesn’t mean that A.J Pero wasn’t a star. If he didn’t roll, the Twisted machine didn’t rock. And man he was a perfect fit for Adrenaline Mob as well.

Remember that it is tough being in the music business. A.J Pero from what I know didn’t write not one song however he had a career that spanned 40 plus years. It’s because he didn’t get into music for the riches and the fame. He got into music because he loved it and he kept that love going for his whole career. He even died while on tour.

RIP.

And the piece d’resistance A.J. Pero song for me is “The Fire Still Burns” from the “Come Out And Play”.

MONEY

I really enjoyed Revolution Saints and when I looked at the song writing credits, it’s all Alessandro Del Vecchio. There is not ONE Doug Aldrich credit. Maybe the money incentive to do Revolution Saints from Sergio Perufino was too good compared to what Whitesnake had on offer.

Speaking of money, everyone reckons Metallica is losing it. Maybe its true and maybe it’s not. But what I do know is that in every business as soon as you forget about the tasks that bring in the bread and butter, two things begin to happen. Stagnation and bankruptcy. Leave the festivals to the promoters and leave the movies to Hollywood. Metallica’s bread and butter is music and it has been now 7 years since we had any new tunes from them.

Continuing with the money topic, the recording industry wants to rip apart Spotify’s freemium model.

Which is typical?

Instead of working with Spotify to make the premium option super enticing that fans of music feel the need to purchase a subscription, they want to make the premium option the freemium option and place restrictions on the freemium option. What’s even worse, studies are coming out showing that the spending on streaming music is outperforming CD sales. And in countries that adopted streaming much earlier than the U.S and Australia, streaming is even outperforming digital sales.

I had this debate with others. A lot of people would be happy to pay an annual subscription amount to listen to music of their favourite artists, provided that they KNOW that the money would be divided among those artists and not others.

This is typical of the recording business, trying to be paid multiple times for the same product. That is why all of the record labels had class action suits brought against them from artists. The label is applying the same vinyl math to digital music and the artists don’t like it.

CONSISTENCY

Getting people to pay attention just once is not enough. The ones that have a music career have done it over again and again and again. Quiet Riot got me hooked with “Metal Health” and then disappointed the fans with “Condition Critical”. Then they disappointed the fans even more with the one after “Condition Critical”. So guess what happened to them. They started a steep downhill slide.

Meanwhile, Motley Crue hooked people in with “Too Fast For Love” and then blew them away with “Shout At The Devil”. Then, even though they kept on making albums, they became a video/singles band, with “Smokin In The Boys Room”, “Home Sweet Home”, “Girls, Girls, Girls” and “Wild Side” making decent inroads into our head spaces. There was still enough consistency there, that when “Dr Feelgood” came out, it blew us away.

Metallica was the same. “Kill Em All” was different and energetic however it was a tribute album to the NWOBHM. “Ride The Lightning” kept that energy and started to make it technical. “Master Of Puppets” refined the “Ride The Lightning” format and then “And Justice For All” took it to a whole new progressive technical thrash level. Then the paradigm shift happened and groove was back in with the self-titled “Black” album.

Currently, bands like Five Finger Death Punch, Volbeat, Avenged Sevenfold and Shinedown are showing that they are no one album/hit wonders. Machine Head was a bit inconsistent after “Burn My Eyes”, but since “Through The Ashes of Empires” they have been on song and in the process, Robb Flynn re-established the Machine Head brand.

ORIGINALITY

I am a great believer that original music is a sum of the creator’s influences. That craziness over a stupid Marvin Gaye song and his greedy heirs has reinforced my views.

For the last time YOU CANT COPY A FEEL OF THE SONG.

In other words, all music is derivative. The aim is to make it sound fresh. Look at the biggest albums or biggest songs of any bands career and you will hear similarities to other works.

Metallica’s piece d’resistance album amongst fans is “Master Of Puppets”.

We all know that “Welcome Home” is an amalgamation of songs from an obscure NWOBHM band and Rush. The format/flow of the album is based on “Ride The Lightning”. The songs are also constructed in the same way. Even their biggest selling album led off with a riff that was taken from another obscure skate punk metal band albeit this one being from California instead of England.

“The Unforgiven” had the same chords in the Chorus as the “Fade To Black” verses. “One” had an intro that was taken from “Fade To Black” and “Fade To Black” had an intro taken from “Goodbye Blue Sky” from Pink Floyd. And it goes on and on.

The Copyright Pension/Annuity

When I started to write my own songs back in the late Eighties, copyright was not even in my mindset. You see, when you start to do something creative you do it because there is a sense of fulfillment and a desire to create.

From my own experiences, I never sat down with my guitar and said to myself, “Gee, lucky for me, there is a copyright law in place that lasts my whole lifetime, plus another seventy years after I die, to give me an incentive to create”.

Those kinds of thoughts never enter the mindset.

Which brings me to today and how the very nature of what Copyright is has been hijacked by large corporations and greedy next of kins.

The whole “Blurred Lines” case is a joke. For the record, it is a crap song that made a lot of cash. So what we have is a jury deciding if a song sounds similar to another song and for them to decide that it does sound similar, it more or less indirectly infers that Marvin Gaye was so original that his song “Got To Give It Up” came out of some celestial vacuumed place that only Marvin Gaye had access to. However, everyone knows that is not the case. All artists are the sum of their influences.

And what a said state of affairs for Copyright. You have the heirs of Marvin Gaye, who haven’t contributed anything to the arts and are living off the proceeds of a stupid law that extends Copyright 70 plus years after death. There are millions upon millions of songs out there that sound similar, however once a song makes some serious cash, the knives come out.

What I took out of the court case and what bodes well for music in general is the amount of money the track made.

$5.6 million in profits went to Robin Thicke while $5.2 million to Pharrell Williams, $700,000 to the other writer T.I. and the rest of the $16.7 million in overall profits went to the record companies Interscope, UMG Distribution and Star Trak. Since Napster, we have been hearing the same rhetoric from the recording industry and out of touch artists.

Gene Simmons and Paul Stanley are renowned for their viewpoints on rock being dead and piracy killing off any chance a new artist has of making some money. Scott Ian wanted to disconnect people from the Internet. Nuclear Blast want to shakedown people who downloaded the music from “All Shall Perish”.

Meanwhile the record labels kept the propaganda machine going that they just can’t make any money because of piracy. So here is just one song that has made close to $17 million dollars in profits. One song, remember that.

So it goes back to the same old saying, create something that people gravitate too and watch it make you money. There is a shitload of money out there if artists can create a great song that people gravitate to.

Actually speaking of plagiarism, listen to the “Funky Town” vocal melody and then listen to the verse vocal melody in Kiss’s “Lick It Up”. They are identical. Hell, the whole “Sonic Highways” album from Foo Fighters is a case of influences. Same goes for the whole “Hail To The King” album from Avenged Sevenfold. Let’s add “Kill Em All” from Metallica which was more or less a rip off the NWOBHM movement. Subsequent Metallica songs afterwards would further borrow from other cult/unknown artists.

Recently Five Finger Death Punch lifted “The Ultimate Sin” verse vocal melody and used it for the “Lift Me Up” verse. Dave Mustaine did the same both musically and vocally by lifting “Children Of The Grave” and using it for “Kingmaker.”

Thank god that Dave Grohl, A7X, Five Finger Death Punch, Dave Mustaine or Metallica didn’t decide to let a Marvin Gaye song influence them, otherwise they would be in the courts as the well.

I think it is pretty safe to say a lot of songs sound the same regardless of genre. I see it more as a tribute than a rip off and to be honest in no way does the new composition take away from the original. For example, there is no way that “Something From Nothing” from the Foo Fighters takes away from Dio’s “Holy Diver”.

But when you have a whole copyright industry that makes money of the works created by others, you get a lot of bullshit happening, especially when a song makes a lot of money.

Living Under The Laws That Corporations Wrote And A Bit Of Metallica For Old Times Sake

“Alice In Wonderland” turned 150 years old recently and it is still in the public imagination.

Hell, it has been in the public domain since 1907 (42 years from when it was originally published) and that still hasn’t stopped the story from making money. By having the work in the public domain it has allowed other people to create derivative versions of the story and the characters. “Alice In Wonderland” is a perfect example of how adaptions of the original story has ensured that the story gets passed on to multiple generations.

So next time you hear of someone calling for longer copyright terms, tell them about “Alice In Wonderland”. The incentive of a 42 year copyright monopoly was a sufficient motivator for Lewis Carroll (real name Charles Lutwidge Dodgson) to create more works.

Alice In Wonderland Article

Carroll didn’t need a copyright to last 70 to 90 years after his death as an incentive to write stories. Sort of like the heirs of Marvin Gaye. Seriously, what the hell have they contributed to the arts. Copyright was never about being a lifetime pension that carries over to the children or the next of kin. The rule is simply, if the artist passes away, their music falls into the public domain.

As much as I love Hendrix, I don’t agree with his relatives holding a copyright monopoly on his works.

However a lot of people (with a large corporation or corporations attached) stand to profit from long-term copyrights.

Anyone heard of Wu-Tang-Clans single album that has an 88 year copyright caveat. What this means is that the person who paid something like $5 million dollars for has to wait 88 years to hear it. This is what happens when music is turned into something that is not music. The fans that made the group popular are not able to hear it, because greedy people attached to the group want to profit from it.

For those that do read my posts, you will note that I have mentioned a lot of times that fans of artists are not purchasing music anymore. They are purchasing art packaged as a must have for collectors. I always use Machine Head’s “Killers and Kings” Record Store Day single release with four different covers. Yep, I purchased all four singles and guess what, they are still in the shrink-wrap.

So if you need anymore proof that sales of music is all about collectables then look no further than Metallica’s “No Life Til Leather” cassette release for Record Store Day.

You see, releasing music should never be about the new album only. Music was never designed to be about locking yourself away for a year or for months in a studio while you record your new master opus. Music was never designed to be about spending months and months on promotion and marketing. Music was never designed to give rise to large copyright monopolistic corporations. However that is where music has come to.

Because it is these large copyright monopolies that have lobbied hard for internet service providers (ISP’s) around the world to store and then hand out the personal information of their users to these greedy corporations.

All in the name of copyright infringement.

What the large copyright groups have done, via their cashed up lobby groups is bypass legal process. If an internet user has been falsely accused, well, too bad. The burden (and a costly one at that) to prove that you are innocent is on the user, as the way the anti-piracy laws are written, there are basically no consequences for a copyright monopoly business from making false accusations.

I guess this is what it means to live under the laws written by corporations.

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

Just Another Day In The World

Game Of Thrones

It looks like Piracy does pay. The sales of DVD/BluRay box sets for Season 4 of “Game Of Thrones” are going crazy. Season 3 also experienced the same craziness.

Led Zeppelin

Meanwhile, an album from 40 years ago is back on the charts. Led Zeppelin, who was so late to the streaming party, is now fighting for a spot on top of the charts due to their fans streaming their music.

Sales

So the recording industries response to piracy is to have a global release day on Friday. Hello, its 2015. Every day is a good day to release new music because music when done right doesn’t need a blockbuster opening day. Last week, 36 Crazyfists released their album “Time and Trauma” with first week sales of 3,500.

Yeah, high fives all round. Let’s blame piracy.

Meanwhile, ageing rockers AC/DC moved another 8,000 units as they move closer to 500,000 sales. However, sales of 500,000 does not mean that the record is popular amongst their fans. Does anyone know if it’s continually getting played? It’s not on Spotify so we can’t use any data from there.

Meanwhile, the “Rock Or Bust” clip has over 7 million views on YouTube, while “Play Ball” has over 6 million views. However, if you compare those YouTube views to Slipknot’s “The Devil and I” 26 million plus views, it’s easy to see what fans of rock and metal are listening too.

But hang on a second, the media outlets give ink to the fact that AC/DC has almost sold 500,000 copies of their album, while Slipknot is closer to the 300,000 mark. Further evidence today, that sales don’t equate to the actual popularity of the album. Listening data does.

Sales are old school and they are not coming back. In Norway, piracy is non-existent however revenues from recorded music haven’t increased. Goes to show that people never really wanted to own music, they just wanted access to it.

American Sniper

However if an entertainment product is done right, people will still spend their money. “American Sniper” is a perfect example of that. The movie is all over the piracy sites, and it is also approaching the $500 million mark on Box Office Returns. Compare that to the “The Expendables 3” which bombed big time. One movie hit the mark with the audiences while the other didn’t.

So when something does well, piracy is not mentioned at all as maybe a possible reason for its success, while when something does not do well, piracy is always blamed.

Performing Live

For musicians, piracy is exposure. Machine Head grossed $33,000 for one show in front of 850 Head Cases. If they play 100 shows with the same return, that would mean, they would have grossed $3.3 million. It sure sounds like a decent take home.

On a larger scale, Slash Feat. Myles Kennedy & The Conspirators grossed $316,696 for a show in Dublin.

Music is all about people listening and if we listen and we like it, we will spend our dollars.

Don’t You Just Love What Copyright Has Become?

Remember the original intention of Copyright was to promote learning. It was conceived that if creators of works would have a 14 year monopoly on their creations (with the option to renew for another 14 years provided they were still alive), they had enough incentives to create new works and when the copyright expired on their older works, they would fall into the public domain so that others can use and build on these older works.

200 plus years later, we have a lot of stupidity around in the name of Copyright.

A German based association called, Total Wipes Music Group is using Google’s anti-piracy system to censor everything it doesn’t like. Read the article and be amazed at how Copyright is abused. In order to stop the infringement on an album they own the copyright for, Total Wipes Music Group tried to censor a legitimate article on how to download anonymously. Since then, they have targeted legitimate articles from the Electronic Frontiers Foundation (EFF), AVG, Dropbox and Opera, just to name a few. And guess what, not one of those sites listed contained any infringing links or even mentioned the music that Total Wipes Music Group administers or holds the copyrights to. What Total Wipes attempted to do was to censor legitimate articles that provided users with information on downloading and anonymous VPN’s under the disguise of Copyright.

And the laughable thing is that the Group is now claiming that it was a bug in their automated takedown system. Well, I guess that bug just keeps on resurfacing each year.

Don’t you just love what copyright has become?

Then you have a powerful organisation like the MPAA trying to censor a website called Open Culture. Open Culture offers Public Domain movies however according to a takedown notice that the MPAA sent to Google, Open Culture’s list of 700 free public domain movies contains copyright infringing material.

Remember that Copyright’s intent was to promote learning and this was done by ensuring that each country has a rich public domain. Well it looks like in the U.S, the rich wealthy copyright monopolies want to control that as well and put those works back under Copyright protection.

Don’t you just love what copyright has become?

Remember the good old days when the copyright monopolies lobbied hard against radio, television, the introduction of blank cassette tapes and those advertisements that “Home Taping Is Killing the Music Business”, then blank CD’s, then mp3’s and piracy sites. They did that all in the name of the artist. That same artist that they exploited and signed to a deal that was stacked in the favour of the record label.

It’s pretty easy to read between the lines and see that the record labels and their lobby groups did all of this lobbying to protect their business models and to ensure that their copyright monopoly remains in place. And this leads to more lobby groups that want to have a say.

Now we have the Grammy Creators Alliance. On the face of it, they proclaim that they are backed by artists like Steven Tyler and their intention is to lobby Spotify, so that Spotify pays them fairly for their works. However, the organisation is run by agents and managers whose only interest is securing a big pay-day for themselves. Hell, these types of people don’t even create anything of value that people consume, however they now have a voice on copyright disputes because they have money behind them to give them that voice.

For the record Spotify does pay fairly to the Copyright Holders of the works. So maybe this new Alliance should lobby their record label to pay them fairly.

Don’t you just love what copyright has become?

And then on certain occasions you have some excellent innovation that happens when people don’t allow Copyright to influence their creations. iFlix is another torrent client that streams any magnet link in an instant. It’s easy to use, it’s available on Android and it uses material that has been infringed on.

It’s created by a Romanian software engineer. Romania is one of the poorer countries in the EU and it also has the highest rates of software piracy. And from all of this piracy, you wouldn’t believe what happened. It made Romania a powerhouse in software development. Romania now has the most techies in Europe. Google and Microsoft employ a lot of IT workers from Romania. All of this was made possible by infringing on the rights of others.

And going back to iFlix, the ecosystem all came about because the developer was hired to offer a service to parents to watch their kindergarten kids on their mobile.

The Great Copyright Hijack

Copyright in its first incarnation via the “Statute of Anne” and the “Copyright Act of 1790” stated that the objective of copyright was to “encourage learning” and this was to be achieved by securing authors the “sole right and liberty of printing, reprinting, publishing and vending” the copies of their “maps, charts, and books” for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.

So think about what the intent of Copyright was. It was to ENCOURAGE LEARNING.

So fast forward 200 plus years and Copyright has a very different meaning. The encourage learning part is gone, replaced by massive expansions of copyright terms.

Finally, copyright law has become a money-making scheme that only benefits the large corporations that have a copyright monopoly. It’s become worlds apart from its original intention.

For a lot of people copyright law relates to the fact that they shouldn’t download movies or music without paying for it.

But what people fail to understand is that copyright reaches into everything we do. Copyright now is NOT about encouraging learning, but about locking up learning.

Copryight law is all about censorship. You know the one I am talking about, when a company/person with some wealth, issues a takedown claim to another entity that is not so powerful/wealthy to remove content they don’t like.

I am sure by now everyone has probably heard about the YouTube video of a cat purring being taken down by a Copyright Claim from music publisher EMI and collecting society PRS for Music. This is silly for a whole lot of reasons. First, EMI and PRS for Music use automated take downs, so there is no human involvement. Second, YouTube’s Content ID algorithm is obviously flawed as it thinks that a cat purring links back to a recorded song. Third, the YouTube user has been punished for doing nothing wrong.

REDDIT REJECTS COPYRIGHT CLAIMS – this is when an entity fights back and actually investigates the claims made against it. As mentioned above, corporations with money use automated take down systems and a lot of the sites that get hit with these take down requests comply without investigating the merits of the claim.

However Reddit doesn’t take the takedown requests as gospel. They actually investigate and determine if the takedown requests have merit. And WordPress, which hosts this blog is by far the best at handing and investigating take down requests.

COPYRIGHT CLAIMS OVERREACH – this is what happens when a powerful entity censors the speech of others. They look silly and they hurt their reputation.

Remember when Nuclear Blast via a Panama-based copyright troll called World Digital Rights went after people (maybe fans/maybe not) of metal band “All Shall Perish” back in 2012. Well the band wasn’t happy about their label going after people who could be “All Shall Perish” fans and guess what happened afterwards.

Vocalist Eddie Hermida departed to join Suicide Silence. Guitarist Ben Orum became a family man. Co-Guitarist Francesco Artusato was involved with another project called “Devil You Know”. Drummer Adam Pierce joined “Emmure” and at this point in time he is listed as Emmure’s drummer on their Facebook page and also listed as the “All Shall Perish” drummer on their Wikipedia page. That just left bassist Mike Tiner as the only member that didn’t have anything on.

The whole Metallica vs Napster focused on Copyright Infringement however what did that really mean. Metallica at the time already had a handsome deal in place where they would lease their shares in the songs copyright to a corporation for a nice upfront payment. Hell, Sammy Hagar paid for his divorce by putting three new songs on a Greatest Hits package and selling the copyrights of those new songs for a nice fee.

So going back to Metallica, who was really hurt when their music was infringed on. It definitely wasn’t Metallica. And if we had the original terms of 14 years, plus 14 years renewal “Kill Em All” and “Ride The Lightning” would now be Copyright free and in the Public Domain.

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