Category Archives: Copyright

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.

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Copyright, Derivative Works, Influenced, Music, My Stories, Piracy, Stupidity

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.

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

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.

 

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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.

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

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.

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

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.

Copyright law has also given birth to corporations who purchase copyrights from creators.

Copyright law has also given rise to collection societies and licensing societies.

Copyright law has made infringement a criminal offence.

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.

And that my friends is the great Copyright hijack.

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Copyright, Derivative Works, Influenced, Music

P(etty)L(ynne)A(ttack)GIARIZE

Anyone heard Sam Smith’s “Stay With Me”. I know it’s not a rock or metal song, however since July last year, thousands of YouTube clips came up where YouTube users mashed up “Stay With Me” with Tom Petty’s “I Won’t Back Down” that was a co-write with Jeff Lynne from ELO and released back in 1989.

And to be honest I had no idea that Petty and Lynne went for royalties on this one, so when I came across the stories a few days ago about it, I have to admit I had a laugh.

I laughed first because both Tom Petty and Jeff Lynne as musicians have used a lot of blues standards and classical music respectively in their output.

I laughed because one of the greatest bands in the world Led Zeppelin plagiarized a shit load of folk and blues standards. Hell, their biggest song “Stairway To Heaven” was even plagiarized.

I laughed because one of the biggest bands in the world today, Metallica plagiarized a shit load of metal and skate metal bands for their biggest songs.

I laughed because the whole British rock invasion was a cultural movement based on plagiarizing the blues standards of the thirties to the fifties.

I laughed because Avenged Sevenfold released a great rock record that plagiarized a shit load of other bands from the Eighties and the Nineties.

I laughed because the whole concept of writing music is to copy something that came before it and to allow that to influence you.

I laughed because the copyright bullshit laws that Petty and his team used are there to protect songwriters from competitive works that diminished the original work. I can honestly say that Sam Smith’s “Stay With Me” in no way diminished Tom Petty’s “I Wont Back Down”. There is no way that people who like “Stay With Me” would neglect Tom Petty’s “I Wont Back Down”.

I laughed because the vocal melodies are both simple pentatonic sequences. The pentatonic scale is a five note scale that is a standard in rock and metal.

I laughed because Tom Petty when questioned about similarities between The Strokes “Last Nite” and Red Hot Chilli Peppers “Dani California” with Petty’s “American Girl” and “Mary Jane’s Last Dance” said that he doesn’t believe in court actions to fight over pop songs.

I laughed because one of the albums I have been listening to lately is the poster child for copying and what a fucking great album it is. That is Kingdom Come’s self-titled album.

I laughed because when it comes to music everything is loaded with so much emotion.

I laughed because all music is a derivative of what came before it.

I laughed because the reason WHY WE LIKE music is that it sounds like something familiar.

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

Apple

In order to lead you need to stay ahead of the game. In order to stay ahead you need to innovate/create.

Apple is one such company that is at the crossroads. The iTunes store is seeing a decrease in MP3 sales. Their first foray into streaming, iTunes radio never really took off.

The move into the streaming market dominated by Spotify and YouTube with the Beats acquisition is still at the starting gate and the birth of new products since the death of Steve Jobs has stagnated , however the iWatch is being hyped up by critics and bloggers as a savior.

But what people are failing to see is what Apple is doing behind the scenes. The acquisition of smaller companies into the Apple network forms a picture of a large corporation gearing up to control more of our daily lives.

Let’s not kid ourselves here. IT companies are billion dollar industries because of the data they harvest from us, the people. It is that data that provides a dashboard on how to market a product and to whom. And Apple are gearing up for a mammoth shake on the data front.

They have purchased Semetric, the U.K company behind Musicmetric. For those that don’t know, Musicmetric is a web service that analyses data on the internet around sales of music, P2P downloads, YouTube views, streams, social networks and sells that data to record labels, artists and others.

I saw Musicmetric as a great tool and it’s most valuable asset is that it looks at BitTorrent (p2P) downloads (both legal and illegal). It could tell an artist which countries and cities are illegally downloading their music.

To me, these are fans that can be monetised via live performances, provided the artist has the means to get there. For newer acts it tells them where their music is popular even though they don’t see that popularity translate into sales because in the end a fan base is a fan base. It has been proven that at some time down the line these fans will commit financially to the artist.

Which is a shame because I cant see how Musicmetric will stick around as a standalone service anymore.

Apple has gained a key in-house tool that it can use to track  sales and streams within iTunes alongside social networking stats. But the reason why Musicmetric worked is that it also included Spotify and YouTube activity into its dashboard, however the chances of those two entities remaining with Musicmetric (now that it is owned by Apple) seem to be slim.

Another interesting piece I came across is Apple’s latest patent, which states that it will allow people to legally share music and videos with friends as long as those users have a license. As the Torrentfreak article points out;

While “legalized P2P sharing” may sound appealing, in theory it’s actually quite restrictive. The idea introduces a new layer of content protection which means that the files in question can only be played on “trusted client software.” This means that transferring files between devices is only possible if these support Apple’s licensing scheme. That’s actually a step backwards from the DRM-free music that’s sold in most stores today.

Interesting.

So what we have is a company that has purchased a data analytics company that tracks illegal P2P sharing activity as part of its dashboard and they have just been given a patent to legalize P2P sharing amongst its users provided they have a license.

But seriously, Napster came out close to 16 years ago. Yes, 16 is the number. That is close to 6000 days ago and the recording industries have done nothing to give the fans of music anything that remotely resembles Napster. Meanwhile, technology companies have done all of the innovating.

To me this is another attempt at control and restriction and that is a bad thing.

These new tools will most probably be packaged in with their Beats music service and if my reading between the lines is correct, Beats Music will also be a P2p protocol sharing service provided the user has a license which will probably come automatically with the purchase of an Apple product.

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

Copyright!! Whose Right Really Is It?

My Google Alert on Copyright has been in overdrive over the last three weeks over Copyright news items. While I was reading through some of the articles, a persistent theme was present throughout.

Who really owns the rights to songs when government granted monopolies have hijacked the very definition of what copyright is?

First off, we have an entity called Zenbu Magazines Inc. that has filed a whole suite of cases against Apple, Sony, Google and Rdio over their streaming services. The crux of the argument is the same as the Sirius XM Radio case, over pre-1972 recordings and the royalties attached to those recordings.

The cases filed by Zenbu Magazines Inc., states that all of the services mentioned have been making money off of pre-1972 music recordings without paying any royalties to the owners of the original recordings.

Let’s get one thing clear here first.

Zenbu owns the copyrights to a lot of the songs in question. Sometime ago they would have paid a fee to the artists in question so that they could hold the rights. One of the songs in questions is a song called “Sin City” by the band  The Flying Burrito Brothers. The song came out in 1969 on their album “The Gilded Palace of Sin”.

The song is written by Gram Parsons (who died in 1973) and Chris Hillman (who is born in 1944 and still alive today). Now the consensus for pre-1972 recordings was this;

  • The songwriters get paid from sales and public performances of the song.
  • The performers however get paid only from sales.

The issue today is if the performers of the song have a right to be paid for the public performance of those sound recordings.

So why is this such a big issue right now and not in the past.

The pre-1972 rule wasn’t an issue because terrestrial radio broadcasters are exempt from paying performance royalties on all sound recordings, no matter when they those sound recordings are made. The viewpoint held is that the recording artists would receive a lot of exposure from airplay and that exposure would then translate into sales.

But people are just not buying pieces of vinyl and plastic anymore to hear music that they like and what we have is a lot of financially challenged business models of these government granted monopolies.

What copyright has actually done in this case is give power to an entity that has NOT CREATED anything and with that power they are shaking down companies who provide a service to music consumers. This is a far cry from copyrights explicit purpose of granting the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.

And if anyone is thinking that the streaming companies should just pay up extra royalties to the performers of the songs of pre_1972 recordings (keeping in mind that the songwriters are getting paid), due to the mess of copyright regarding pre-1972 sound recordings, each streaming company would have to individually work out a deal with each copyright owner.

The streaming companies are all about scale. They are all about the MACRO so I don’t expect them to get all down and dirty and into the micro.

Then there is another case that went to the federal courts. This one is about a recent song from 1993 called “Whoomp! (There It Is)” and boy is this one is interesting.

In 1993, Cecil Glenn and Steven James wrote and produced the song. They also entered into an agreement with Bellmark Records. At the time, Alvertis Isbell was the president of Bellmark Records. Bellmark Records primary business model is all about owning sound recordings. However by 1997, Bellmark Records filed for bankruptcy and all of its assets were purchased by DM Records for a fee.

The copyrights of the songs owed by Bellmark Recordings would be assumed to be part of the assets purchased by DM Records. So of course, DM Records went on to monetize the copyright of the song “Whoomp”. Meanwhile, the masters of the song are owned by the writers of the song, Cecil Glenn and Steven James.

Sound confusing. It sure is. But read on.

To understand how fucked up this is, you need to go back to 1977, when Isbell Alvert formed his own music publishing company called Alvert Music. It is that company, Alvert Music that then filed a copyright infringement case against DM Records in 2002 (5 years after Bellmark Records went bankrupt) to have the courts declare that Alvert Music, not DM Records is the rightful owner of Bellmark Records assets and also the rightful owner of the composition copyright for “Whoomp”.

When the case went to trial, Isbell mentioned that the agreement he had with the songwriters of the songs transferred 50% of the songs copyright to Alvert Music. DM Records argued that Bellmark Records was the only assignee as the agreement was made between Bellmark Records and the songwriters.

And in December 2014, the Courts agreed that Alvertis Isbell owned the copyright and that DM Records was liable for copyright infringement.

So what assets did DM Records actually buy in 1997 for that $160,000 it gave to Bellmark Records?

Anyway in this instance we have the actual SONGWRITERS signing away a large percentage to another ENTITY. That entity goes bust, however the owner of that entity also owned another entity and he used that other entity to sue the new owner (which we will call the NEW ENTITY) for Copyright Infringement. It sure sounds like a lot of ENTITIES at play in lieu of creators.

So I looked up the meaning of copyright again in the dictionary.

the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

I would assume that the ORIGINATOR means the creator of the works.

Wikipedia has the following;

Copyright is a legal right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.

There is that word again.

CREATOR.

So what the hell happened to COPYRIGHT to allow people who didn’t create anything the right to shakedown and sue others. What the hell happened to COPYRIGHT when the courts decided who has the right.

 

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Alternate Reality, Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity, Unsung Heroes

Chapter 4

I finally got around to watching the “Through The Never” movie last night and there was a question nagging at me throughout the whole experience;

“How can James Hetfield think that this is good?”

Lars just wants to be front and centre on everything so any outlet that can put him there, he will agree with. Kirk and Rob will just follow what Lars and James do? But James Hetfield to me is the quality behind the band. He can have a different drummer, guitarist and bassist backing him up and it will still be Metallica.

And if he thinks that the movie was good and that Lulu was good and that the new live song “Lords Of Summer” is good, then I am hoping that all bad things come in threes. Because if they don’t then it is not looking good.

Anyway, I am still having fun with my so-called story based around Metallica songs and themes so here is Chapter 4.

–1978–The Armerous

Blackened Hetfield makes his way to the meeting place. Along the forest track, bodies are suspended along the trees. As he gets closer to his destination, winding his way up a steep mountain pass, the trail is littered by a series of pikes with severed heads on top. These are the people who just got in the way of the grand design.

There is a generic road sign on one of the pikes that states “No Trespassing”. A thick fog is beginning to descend. Everything is feeling and looking creepy like something imminent is about to happen.

Hetfield enters a partially destroyed Buddhist temple. The outside decay of the building masks a perfect and sterile environment inside.

In the wide room there is a table with a chair. The person sitting on the chair is not facing the door way. Instead the person is looking into something else. Flanked on each table are two Red Guards, clothed like Samurai but Samurai they are not. Next to the Red Guards are two more guards; however these ones wear black colours instead of red.

The colours are a rite of passage. All of the black colour guards/warriors have a first name of Blackened. The ones in red have a first name of Crimson.

Hetfield sits down on the leather chair that he normally sits on.“Lord Slither we have a new enemy”.

“So it is true”, responds a man that we assume is Lord Slither. It is a strange relationship as Hetfield has never seen Lord Slithers face, however he swears a loyalty to him that is broken only in death.

“Yes, the books of knowledge have a new keeper”, continues Hetfield. “It seems that The Phantom Lord managed the transfer before we got to him”.

“How did we not foresee this failure Blackened Hetfield?”

“I am unable to answer that my Lord. My failure is mine to own. The consequences are mine to suffer.”

“Not this time Blackened Hetfield. Your suffering will not be from me”. This was ominous and sinister from Lord Slither. Hetfield has been failing his master a lot recently.

“Are the new agents ready?” questions Lord Slither.

“No Lord Slither, the indoctrination process is taken longer than expected.” This is another failure from Hetfield.

“How is the child of “The Judas Kiss” tracking along?

Hetfield doesn’t let his hesitation show as the child of “The Judas Kiss” is also his child. “He is far exceeding our expectations in all disciplines.”

“And what about the one known as “Cyanide”. It has been seventeen years since he came into our possession.”

“He is almost ready. By far one of our best”.

“Unleash him. Send out to the “Creeping Death”.

“As you wish, Lord Slither”.

“It’s time to begin the whipping dance of the dead and colour their world blackened.”

–1976–The City Of Devils Dance

Two years post E.B’s tour of duty, the Vietnam War was lost.

Meanwhile back at home E.B had used the financial resources of his father, Cyprian Breadfan to establish the Unknown Five and the Metal Militia. One as a secret society and the other one as a public face.

It was then that E.B encountered the one known as “Prince Charming”.

His real name is Terence Blinks. The definition of the word corrupt in the dictionary doesn’t define Prince Charming in any way. He is in a class of corruption all on his own. He is equally known for his catch phrase of “the shortest straw has been pulled for you.”

Devils Dance is defined by the power struggle between the two wealthiest families. On one side you have the Breadfan’s who stand for fairness and justice and on the other you have the Blinks who stand for power and wealth.

“Fairness and Justice is a fool’s errand”, said Prince Charming in one of the many hostile arguments he had with E.B’s father.

The city citizens are either on the payroll of the Blinks or on the run from the Blinks. But then the Metal Militia was born and they became an equalizer to the situation.

The constant shop fronts shaken down by corrupt officials and forced to pay private levies suddenly had new protectors in the Metal Militia.

And Prince Charming didn’t like it.

–Current Day–The City of Devils Dance

The Metal Militia has a roll of honour on one of their walls, sort of like a Hall Of Fame. The list is broken into Immortals and Lifers.
Listed as IMMORTALS are E.B and St Anger. Listed as LIFERS are Frantic Frank, Stone D.F Clover, Nole A.F Clover, Dyers Eve and Lowman Lyric. The NOMAD list shows The Outlaw Torn and Wim Roam.

Then there is another list for the current membership status of the organisation.

Currently, Motorbreath is the President. His lady, ItsElektra is the Secretary. The Vice President is Overkill and the Sargent in Arms is Damage Inc. The Treasurer is Whiplash. Together they form the executive arm of the Metal Militia.

Orion is a sworn in member of the Metal Militia along with Two-by-four, Loverman and Astronomy.

Right now Orion is waiting outside the chapel, the meeting room of the Militia. Stone D.F has been inside for a long time with the Militia Executive. IMMORTALS and LIFERS are held in high regard. They have done so much and sacrificed so much that they don’t need to hold a rank anymore. Instead they are elevated to a status normally reserved for Gods. So if any living IMMORTAL or LIFER requests a meeting with the Executive, the Executive must adhere and be present.

And Stone D.F is the only one of the hall of fame list that is still alive.

Eventually after what seemed like days which was in essence about four hours, Stone D.F emerges from the chapel.

“What was all that about?” asks Orion

“Nothing that important”, answers Stone D.F.

“Not important. It was the longest meeting I have witnessed.”

“When you have a club that does what we do, meetings do seem to go on a touch too long. I suppose that is democracy at work,” counters Stone D.F.

“So it had nothing to do with the phone call I got”, continues Orion.

“That was mentioned as was our journey to the City of Beholder.”

“So what was said about it?” questions Orion.

“It was just a heads up to them that we will be out-of-town. So are you ready to depart” responds Stone D.F. There is no way that Stone D.F is going to let Orion take this trip alone, especially due to the mysterious circumstances of the phone call.

–Current Day–The City of the Beholder–

The City Of Beholder is a Bible belt mining town and it is only fitting that the reason why the town is known is also the reason why it is slowly tearing itself apart. An underground fire has been burning from one of the mine shafts for over a decade and it is slowly swallowing parts of the town.

A lot of people have abandoned the town. In its heyday it had over 200,000 people. Now it is lucky to have 40,000. Houses are levelled and areas are fenced off.

The High School is partially submerged into the ground. Orion glances at it and so does Stone D.F. Weeds, grass, trees and other forms of fauna are growing over it, around it and in between it. Looking at it reminds Orion of a dystopian future that he has seen in comic books and movies.

Orion notices a sign on the water tower.

“What is that sign?” asks Orion.

“It’s the symbol for corruption and capitalism,” answers Stone D.F. “It’s another business from Prince Charming”.

“Does Charming own all of this?”

“As soon as he can get rid of the Metal Militia” answers Stone DF.

“What do we have to do with it?”

“The Militia is the complete opposite of what Prince Charming is. Before the Militia, the people that Charming and his cronies intimidated had no one to fight back for them.”

A partially destroyed Buddhist temple in the distance grabs Orion’s attention. But with the speed they are travelling it vanishes as quickly as it came into view.

–3rd January 1966–

“Do you feel the disturbance?” asks an elder looking person that looks like a Buddhist monk.

“Yes” replies another, that could be a monk in training.

“Something’s changed.”

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