Category Archives: Copyright

Copyright, Music, My Stories, Piracy

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

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

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

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

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

Motley Crue suddenly has an audience in the UAE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Piracy, Streaming and Touring go hand in hand.

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

The Age Old Problem Of Music

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

Why would people bother?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hard Working Musicians and Some Not So Hard Working Musicians

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So what do we know?

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

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

Certifications, Recorded Music and That Spotify/Sony Contract

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

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

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

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

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

Not bad for a song that is 7 years old.

So what does this say about recorded music?

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

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

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

So what do we know?

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

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

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

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

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

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

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

 

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

The Lies Of The Recording Industry

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

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

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

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

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

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

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

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

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

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

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

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

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

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Copyright, Derivative Works, Influenced, Music, Stupidity, Treating Fans Like Shit

Stupidity Incorporated

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Copyright, Derivative Works, Influenced, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

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.

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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.

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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.

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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.

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