Category Archives: Copyright

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

Four For Friday

It’s all about the money in music and the lawsuits which come about because of it.

THE GREAT 78 PROJECT

The “Great 78 Project” from the Internet Archive is digitizing 78-rpm records from the early 1900s until the 1950s.

78rpm records are some of the earliest musical recordings, and were produced from 1898 through the 1950s when they were replaced by 33 1/3rpm and 45rpm vinyl records.

The Archives asked people to donate their albums so that the cultural past survives for future generations to study and enjoy.

At the moment the collection is at 400,000 plus recordings. The majority of these 78s are forgotten and the 78rpm versions are not on streaming services.

Sounds great right. Preserve some cultural history from donated records and provide access to people to enjoy.

But the labels don’t get paid when this happens and suddenly don’t like it.

Universal, Sony and other labels (as part of the RIAA) are suing for copyright infringement.

The labels’ have used colorful phrases to describe the “78 Project”, as an “illegal record store”.

From the 400K plus songs, the labels named close to 3K sound-recording copyrights that the Archive allegedly infringed.

And they want $412 million for it because as far as the labels are concerned the music is available on streaming services.

The Great78 project, is not a substitute for music streaming services like Spotify or Apple Music.

When you listen to it, you hear that the music was digitized from the 78rpm record.

You get the crackle and the hiss of the record. It is a totally different version from the clean remastered versions you hear on music streaming services.

It’s ridiculous that it’s even an issue.

SIRIUS XM

SoundExchange, is responsible for collecting and distributing digital music royalties.

Sirius XM is responsible for playing music and paying digital royalties.

SoundExchange claims that Sirius XM is performing some creative accounting by inflating the revenue from its webcasts so it pays less in music royalties to the tune of $150 million.

Isn’t it funny how the labels and publishers go straight to litigation when someone else like Sirius XM does the exact same thing that they did to artists for 80 plus years.

Twitter/X

Twitter/X users put up snippets of live concerts, music videos, interviews and basically themselves jamming to their favorite music or playing the vinyl or CD of their favorite music.

Posts like these.

Two minute snippets of live performances that someone recorded which isn’t the user.

Or something like this.

Footage from a concert that the user attended and shared on the platform.

The users on other social media sites do the same thing.

But the RIAA, the labels lobbyist and litigation arm don’t like it.

They have accused X Corp of breeding mass copyright infringement because the company fails to respond to takedown notices and lacks a proper termination policy.

For this crime, the labels want $250 million from X Corp.

Elon Musk wants the case dismissed and his legal team have asked the courts to consider it as the labels have no hard proof of any wrong doing.

$3 MILLION PER HOUR

It’s the combined amount of how much the labels made in the first six months of 2023.

And they made that money because they have schemed, paid or legislated their way into owning the rights of a lot of music.

The music created by artists in bedrooms, parents basements, hotels, tour buses and at soundchecks, the labels now own.

And they will own these rights for the life of the artist plus 70 years after their death. In some jurisdictions, it’s 90 years after their death.

Final Note

The artists who create culture and value are never in the conversation. Even if the labels (and the RIAA) get all the monies paid to them, they will not share any of it with the artists.

And it is the artists who gave them this power to litigate, by signing away their rights in shitty contracts so they could have a recording career. And maybe a chance to make it big.

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

Four For Friday

MOTLEY CRUE

How many times can they release the same album?

All the music here has been released before circa 2003 when the band remastered their albums on their own Motley Records label.

But let me highlight how many issues of the album they have done recently.

In 2022, they released a Limited Edition, Reissue, Black/Clear Split Vinyl edition. The music on this edition was just the normal album.

In 2018, they released a Limited Edition, Reissue, Remastered, Clear With Red Swirl Vinyl Edition. The music on this edition was just the normal album.

In 2016, they released a Limited Edition, Reissue, Remastered, Red With Black Swirl, 180g Vinyl edition. The music on this edition was just the normal album.

In 2011, they released a Limited Edition, Reissue, Remastered, Mini Vinyl Replica edition. The music on this edition was just the normal album.

Again in 2011, they also released a Reissue, 180g, Gatefold edition. And again, the music on this edition was just the normal album.

Between 2003 and 2023, they also released various CD versions of the album with wording like, HDCD, Club Edition, Limited Edition, Enhanced, Reissue, Remastered and SHM-CD (for Japanese Releases). Apart from the 2003 edition, it’s been the same album re-released.

But, it’s selling for $370AUD. It looks like a nice collectors piece and if you don’t have this album, you’ll be thinking “why not”, but at that price I would have expected something to be included that hasn’t been released as yet.

Take a cue from Mr Coverdale, who puts the effort in with his evolution compositions, different jams/rehearsals of the songs and live recordings.

STEVE JOBS

At 12 years old Jobs called Bill Hewlett (the co-founder of Hewlett-Packard) to ask for spare computer parts.

Jobs got the parts and a summer job working the assembly line at Hewlett-Packard.

Steve Jobs, believes asking is the single thing that “separates the people that do things from the people that just dream about them.”

METALLICA

Brian Slagel is putting together the Metal Massacre compilation album.

Slagel met Lars Ulrich a year ago at a Michael Schenker concert. Lars calls him up and asks him, “if he puts together a band can he be on the record?”

BON JOVI

It’s 1982 and Jon Bon Jovi has just finished writing and recording “Runaway”.

He shopped it around and couldn’t get a record deal. He couldn’t get a band together to play live because original bands didn’t make enough money.

Luck would have it that a brand-new radio station would open in New York. It was so new it didn’t have a receptionist so nobody was there to stop Jon from walking straight to the DJ and asking him to play “Runaway”.

The song quickly gained traction and Hobart entered Bon Jovi into a contest the radio station was running for the best unsigned band.

Jon won, he got his Mercury deal and by the summer of 1983, the song had become a huge hit.

It’s amazing what could happen from asking.

SONG ON REPEAT

“Crime Of The Century” by Revolution Saints.

That Chorus hook is undeniable. It’s from the new album “Eagle Flight” which has Joel Hoekstra and Jeff Pilson joining Deen Castronovo.

Check it out.

BONUS SONG I’M LISTENING TO

“Burn For Me” by The Night Flight Orchestra. It’s the Bowie “Modern Love” feel which hooks me in and then that feel gets put in the TNFO blender and what comes out is an infectious AOR Rock song.

And that Chorus hook. Wow.

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

Four For Friday

RIAA POWERS

How much power is too much power?

Two years ago, the RIAA won a piracy lawsuit against two sites that offered YouTube-rippers. For those that don’t know, these sites allow the user to turn a YouTube video into an mp3.

After the verdict, the RIAA demanded $83 million in damages from the site owners.

And suddenly, there was an appeal.

As the TorrentFreak article explains;

“If the record companies can really get multi-million dollar judgments without having to prove a single instance of infringement within the United States, then no one who operates a website is safe,” Gurvits (Defense Lawyer) said at the time.

There has to be some onus on the RIAA to prove infringement.

And they can’t because they don’t know who infringed.

It’s easy to get a techie to run a report and say that the YouTube ripping sites were accessed by U.S IP addresses. But. It’s not easy to prove who is responsible when their evidence is made up of IP addresses.

But accessing the sites doesn’t constitute Copyright infringement. And the RIAA cannot prove what infringement took place or what videos from YouTube were turned into mp3s.

So why is the law allowing them to bring cases to trial without this proof.

JASON ALDEAN

The song “Try That In A Small Town” came out in May 2023 and it was out of the public conversation. It was a dud and no one cared enough to listen to it. His true fans did but no one else.

Then someone (Critic Zero) started the backlash against the song in the middle of July, 2023 and by doing so, they amplified the song by providing much needed free marketing.

The criticism then spread to other blogs and news outlets faster than Covid and as a by product the streams and downloads of the song kept going up. In the space of two weeks the songs Spotify numbers went from 1.5 million to 12.3 million.

To top off the controversy, Aldean and his team had to edit the music video because it contained footage which was copyrighted.

SPOTIFY INCREASE

The price of Premium Family is changing from A$18.99/month to A$20.99/month.

My favorite part is the reason Spotify gives for the increase, which is word for word to what Netflix gave a year ago;

We’re increasing the price of Premium Family so that we can continue to invest in and innovate on our product offerings and features, and bring you the best experience.

Really.

It’s nice to know that Spotify is using subscription money to pay people for podcasts that a lot of their customers don’t like.

BAND I’M SEEING

I’ve got tickets to watch “The Night Flight Orchestra” in Sydney next Friday. Readers of the blog will know that I am a fan. Each album has been reviewed glowingly.

In case you are interested.

You can read the debut album “Internal Affairs” (2012) review here.

“Skyline Whispers” (2015) is here.

“Amber Galactic” (2017) is here.

“Sometimes The World Ain’t Enough” (2018) is here.

“Aeromantic” (2020) is here.

“Aeromantic II” (2021) is here.

SONG IM LISTENING TO

“Crime Of The Century” by Revolution Saints. It’s a great piece of melodic rock and that Chorus just sticks around forever.

My review of the recent album is here.

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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Influenced, Music, My Stories

Four For Friday

It’s all about Copyright, that little piece of legislation meant to give creators a monopoly on their works, so they could create new works, however the creators now sell or license their rights to a corporation, who then seem to hold onto the rights forever and by doing so, the Corporations keep lobbying hard to change laws so copyright lasts forever.

THE VALUE IN COPYRIGHTS KEEPS GETTING BIGGER

It’s 2008 and the Global Finacial Crisis decimated assets across the world. In these wastelands, the Investment Houses turned to Copyrights to balance portfolios.

The arrival of streaming services took off the cloak and funny math on royalties by the labels. While artists complained about the pay per stream rate, one thing they couldn’t complain about was the amount of money paid to the organizations that held the rights.

15 years later, these portfolios keep making money for the Investment Houses as the majority of music consumers transitioned to streaming.

In 2022, Germany generated 1.656 Billion in streaming revenue. The total income for the country was 2.07 Billion so streaming equated to 80 percent of it.

Globally in 2022, streaming revenues reached 17.5 billion U.S. dollars. 70 percent of total recorded music revenue.

If you are not getting a cut of it, someone else definitely is.

COPYRIGHT AFTER DEATH

It’s been five years since Aretha Franklin died and her heirs are still fighting over who handles her Estate, which has her Royalties paid to.

The unusual trial will determine which of the two handwritten wills, including one found in couch cushions, will come in force.

The interesting part is how Aretha valued her earnings from Copyright, which she listed as $1. Meanwhile, the Estate earned $4 million in one year after her death.

SPOTIFY PAYMENTS TO SWEDISH ARTISTS

Since 2008, Sabaton has amassed 2.5 billion streams on Spotify. Check out the research.

It is estimated that Spotify has paid the rights holder of Sabaton’s catalogue between $9.6 million and $15.9 million during this time.

If Sabaton owned their Masters 100%, then they would have received between $7.6 and $12.6 million dollars from Spotify. It equates to $507K and $840K per year. There are five members in the band, so taking the lower amount, each member would get $100K each. This takes into account that they have no manager percentage, accountant percentage and so forth.

If they had a 50% Royalty agreement with their label, they would have received between $3.7 and $6.3 million dollars. It equates to $247K and $420K.

If they had a 20% Royalty agreement with their label, they would have received between $1.5 and $2.5 million dollars as the label would get the other 80%. It equates to $100K and $167K. Taking the lower value, each member would receive $20K for the year, which comes to $1,666 per month. This takes into account that they have no manager percentage, accountant percentage and so forth.

RE-RECORDINGS

The Law states that artists can get back their rights after so many years. But the labels are fighting each case tooth and nail.

So if the artists have the means, they are creating new masters and are making those new masters as canon. This in turn gives them control over their music and they can then license these recordings to TV Shows and Movies and Games on their own terms.

SONG I AM LISTENING TO

Chokehold from Sleep Token.

It came up on a Release Radar many months ago and I’ve been hooked ever since. Hooked enough to buy the Vinyl album when it came out a few weeks ago.

From the U.K, they combine Pop, R&B, World, New Age, Church, Classical, Folk and Djent like tech metal. And I’m a fan.

To show how much cross over appeal they have, you can watch Daughtry do a live acoustic cover of the song.

Metal music is always resilient to changes in genres however it’s also easily adaptable to other genres or it can be used as a fusion element.

And fusion is happening everywhere.

Taylor Sheridan is good at mashing unrelated and different story ideas into one cohesive story.
Yellowstone is a mash up of Classic Westerns, Medieval dramas with a lot of back story and political thrillers. Tulsa King is “The Godfather” in a Western setting.

And then I did some research on em, and they have a gimmick, wearing face covering like ninjas from an anime.

Check em out.

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

Fair Recognition

Work For Hire agreements are crap.

The term was never mentioned when it came to signing an artist to create content. It became a thing, when the corporations had to find a legal loophole to use against the creators trying to get their rights back, even though Copyright law states they can get their rights back after a certain period.

A work made for hire, is a piece of copyrightable work created by employees as part of their job or as part of a limited type of commissioned work for a flat fee. In the United States and certain other copyright jurisdictions, if a work is “made for hire,” the employer, not the employee, is considered the legal author. In other words, the creator of the work gives up all ownership and administration rights for a flat fee.

The earliest use of “Work For Hire” was in the arts industry like comic books and artists who designed album covers. Marvel is no stranger to these kind of cases. Stan Lee (creator of most things Marvel), Gary Friedrich (creator of Ghost Rider), Joe Simon (Captain America creator) and Jack Kirby (illustrator/artist on the Stan Lee projects) are a few names that had litigation cases brought against Marvel.

The Superman creators wrote an article hoping that the original Christopher Reeve movies bomb at the box office because they weren’t fairly compensated. The movies did the exact opposite.

Read this Billboard interview with Don Henley, who is very interested in artists rights. While I agree and also disagree with Henley’s views on a wide range of topics, one thing is certain; Henley cares. As a member of The Eagles, and after being a Copyright rookie, he schooled himself on what his entitlements are as a creator. Don Henley owns his post 1978 work as a member of The Eagles and as a solo artist. He knows that his pre-1978 works can be reclaimed from 2028 due to another sneaky Copyright addition for pre-78 works.

If you don’t want to click on the Billboard link, here is the question from Billboard and Henley’s answer.

QUESTION:

The first issue you were known for being active on was the effort by the labels to have recordings considered “works for hire” — which I think was the origin of the Recording Artists Coalition. How important was the coalition in stopping that? And you learn anything from it?

In 1999, the lobbying group for the major labels, the RIAA, buried a fundamental change to the Copyright Act in a completely unrelated bill, the Satellite Home Viewer Improvement Act of 1999.

Without input from the artists, they amended the definition of ‘work for hire’ in the Copyright Act to include ‘sound recordings.’

The consequence of this amendment would have been devastating for recording artists. It would have effectively eliminated artists’ ability to regain ownership of their sound recordings in the United States.

The ability of the RIAA to pass a bill which amended the Copyright Act without opposition from the creative community was a direct result of the labels being organized and the artists not having a coalition to represent their voices.

So, a group of artists and artist representatives mobilized and formed the Recording Artists Coalition (RAC). Thanks to the many artists who spoke up, and the support of Congressman Howard Berman, sound recordings were stricken from the definition of ‘work for hire’ in the Work Made for Hire and Copyright Corrections Act of 2000. The only reason that recording artists can now regain control of their copyrights from the labels in the U.S. as Congress intended is because the RAC organized and artists spoke up.

I am all for the creators getting proper compensation for their works. There is no way that a corporation told a creator what to create.

Can you imagine the absurdity of it all?

A Publishing House is going to tell Steven King or George Martin or Paulo Coelho what to write. Yeah, right.

Or a Music company is going to tell an artists what kind of song to create.

Those same music companies including Capital Records, Warner Bros. and Sony Music have been falsely registering songs as “made for hire” in order to send takedown notices to the various ISP’s and YouTube.

I’m sure that’s gonna work out well in the long run especially when the artists don’t know that the label is doing that.

Then again, it doesn’t always work out well. This is just one of many.

The cover to Aqualung from Jethro Tull was created by Burton Silverman. The artwork was commissioned and purchased by Chrysalis Records head Terry Ellis in 1971.

Silverman was paid a flat fee of $1,500 for the painting and there was no written contract.

The artist says the art was only licensed for use as an album cover, and not for merchandising; he approached the band seeking remuneration for the additional uses, such as printing it on T-shirts and coffee mugs.

And he got told to piss off.

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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Influenced, Music, My Stories, Unsung Heroes

The Week (Last Few Months Actually) In Destroyer Of Harmony History –November 1 to November 30

I am trying to catch up on these posts, so I can do them weekly. So here is another review of November posts from 2018 and 2014.

2018 (4 Years Ago)

I have a Google Alert set up for Copyright and everyday there are ten or more stories on Copyright issues, ranging from Ed Sheeran settling with artists over a copyright suit, artists trying to reclaim their rights back from the labels, to artists selling their rights in songs to corporations for a fee, to Led Zep asking a judge to throw away the Stairway appeal, to local restaurants playing music and asked to pay for a Copyright licence, to parents breaking the Copyright law when they film their kids dance to music and uploading without paying someone, to ISPs being asked to block or censor websites, to Google being told to remove search links to certain sites, to people being charged with piracy and to whatever else the Copyright Industry wants.

If the above doesn’t tell you who copyright benefits, then reread it again.

And The Copyright Ballad Of John Fogerty highlights all of the above and more. He had to buy back a majority stake of the songs he wrote. Think about that for a second. A CEO in an office just made multi-millions for doing sweet f.a. while the person who made him rich had to make him even richer so he could get a majority stake.

I was doing a simultaneously review of 1979 (two posts for that year) and 1984 (one post for that year in the month)

Man, 1979 had a lot of good releases. For the record, most of these albums I heard in the 80s and some in the 90’s.

Kansas released “Monolith”. It’s a fantastic album, but largely forgotten in the streaming era, as the hits from other albums do the rounds on streaming playlists. Styx released “Cornerstone” and my favourite tracks were not the hits. Instead I gravitated to “Love In The Midnight”, “Eddie”, “Borrowed Time” and “Lights”.

Van Halen followed up the debut album pretty quickly with “II” and they danced the night away to multi-platinum. But my favourite track was always “Somebody Get Me A Doctor”.

Graham Bonnet fronted Rainbow founded a whole new melodic metal movement with “Down To Earth”. Which would continue with Joe Lynn Turner on vocals.

Cheap Trick showed how a studio recorded live album can do better than an actual studio album with “At Budokan”. So did UFO with “Strangers In The Night”.

Foreigner started to play “Head Games” with us. Are they a blues rock band, a hard rock band or a pop band or somewhere in between. Meanwhile Supertramp released their best album in “Breakfast In America” and it was their sixth album.

ELO released “Discovery” but the only track worth paying attention to was “Don’t Bring Me Down”. Same deal with The Knack. While the album had a cool pop rock vibe, “My Sharona” stole the show.

The Angels released “No Exit” an album that fused punk with pub rock and blues. And Australian audiences loved it. Little River Band released “First Under The Wire” and how good is “Lonesome Loser” on it.

For 1984, the post I did was titled 1984 – III – Are We Evil Or Divine?

“The Last In Line” is my favourite Dio album period. Plus it was my first purchase of Dio’s solo career. The guitar work of Vivian Campbell was and still is very influential to me.

Kiss was continuing their evolution without the pain with “Animalize”. The opener “I’ve Had Enough (Into The Fire) doesn’t get enough love and attention. But it should.

U2 released “The Unforgettable Fire” and sent the charts, music television and radio scrambling to add “Pride (In The Name Of Love) to their rotations.

Queen released “The Works” and Tina Turner gave the melodic rock movement a kick in the butt with “Private Dancer” as songs like “What’s Love Got To Do With It”, “We Don’t Need Another Hero” and “Its Only Love” could cross genres.

And the might Deep Purple reformed and made a massive statement with “Perfect Strangers”.

In some alternate universe I went and watched Mike Portnoy’s Shattered Fortress on Friday 24 November 2017 in Sydney. But in reality I didn’t. What kind of magic was used to make me forget that the concert was on I will now. It wasn’t until a year later when I was cleaning out my laptop bag that I saw the ticket. Not one but two tickets.

Does anyone remember Compressorhead?

It is a Robot band made from recycled parts. They do a pretty mean cover of “Ace Of Spades” cover.

It’s been said that this robot “band” plays real electric and acoustic instruments but in the end, this project was just some great code writing and midi sequencing.

I was spinning George Lynch a fair bit during this period. The songs “Wicked Sensation” and “All I Want” got separate posts.

Since Ronnie James Dio’s death, a few bands popped up from ex-members that pay homage to his style of song writing.

There was “Dream Child” with Craig Goldy on guitars, Rudy Sarzo on bass, Simon Wright on drums, Wayne Findlay on keys and singer Diego Valdez. You also have other Goldy projects in “Dio Disciples” and “Resurrection Kings”.

And then there was “Last In Line” with Vinny Appice on drums, Vivian Campbell on guitar, Andrew Freeman on vocals and Phil Soussan taking over on bass after the passing of Jimmy Bain.

Of course, any retro sounding metal/rock band has Frontiers Music president, Serafino Perugino as the protagonist to get the ball rolling. Only “Dio Disciples”, who have a deal with BMG for an album of original material are not on Frontiers Music.

But the real secret sauce behind all of these Frontiers Music projects is songwriter and producer Alessandro Delvecchio. A very underrated songwriter. If you listened to “Revolution Saints”, well Delvecchio is all over those albums. If you listen to “Resurrection Kings”, he’s also involved with that. The same for “Dream Child”.

And although I liked the album, I wasn’t a fan yet, but I was interested to hear what could come next. And 5 years later, no new product has arrived.

A System That Rewards Attention

If you create a system that rewards attention, the easiest way to get attention is to be a bad actor. That underlies our media ecosystem, that underlies our political system and it’s degrading society in so many ways.

EV WILLIAMS – Creator Of Blogger, Twitter and Medium

Did anyone read the story about “Threatin”.

They are an LA band, created by Jered Threatin. He then created a record company web page that was bullshit, he created a booking agency web page that was also bullshit, he doctored live footage to make it look like he was popular on YouTube which was bullshit and he created a management company website which was of course bullshit as well. He also paid for Facebook likes and comments and YouTube views and many more wonderful things to do with scorched earth marketing.

And through it all, he convinced stupid greedy venue owners in Europe to book him. And he didn’t even have a fanbase. He even convinced these club owners the shows were sold out. If they just did some due diligence and checked out Threatin’s Spotify account, they would have seen the stream numbers don’t match the spin coming from his “management” and they could have asked some hard questions. But they didn’t, they got had and they got pissed.

If Threatin did pull it off and sell out the gigs based on the made up hype, maybe there would be a different discussion, but hey, people fail more than they succeed.

The Purchase Dilemma

Remember the time when you would go through the LP racks (afterwards it would be CD’s) and pull out the LPs you wanted to buy.

Each week I wanted to buy a lot of music but had enough money to buy two.

You can read the rest here, about how album covers, song titles, record labels and producers played a part in deciding what to buy.

And here is a bit of history on when I used to take guitar lessons.

I bugged my Dad to buy me a guitar so he got me a classical guitar with the hope I could learn to play classical songs. He paid $15 for a 30 minute lesson with a man called Niccolini, who instead taught me how to play metal and rock songs because I asked him to.

I used to tell Niccolini which songs I would want to learn, he would then go away and learn those songs and then at the next lesson he would show me. While learning songs from other artists was cool, I also took the lessons, to get the techniques right. I’m big on foundations. If the foundations are not right, everything else that comes after is not right either.

And I would fool my Dad by playing metal and hard rock songs in a classical way. Like anything from Randy Rhoads or Yngwie Malmsteen.

And my record collection was a source of pride. I played them through and through. They are part of my DNA. I used to have the collection under lock and key, in an alarmed room because once upon a time, if someone broke in, they would steal part of the collection. I couldn’t have that happen.

Today, they’ll walk straight past it and go for the tech.

Music is part of my life. It will always be.

2014 (8 Years Ago)

Back in 2014, my posts really focussed on the music business as a whole, using metal and rock artists to illustrate the points I was trying to make.

It seemed like everyone was complaining about being paid. Except the labels.

And if the money was not filtering down to the artist, whose fault is that?

Then again, no one is guaranteed to be paid. People don’t want to accumulate shiny plastic discs or vinyl records while others do. So the price point for music fans of music is very different and this translates to how artists get paid.

Just because the user streams the music for free, it doesn’t mean that Spotify is not paying the rights holder. Accounting is the bedrock of the techies, however for the labels it is a different story.

And if you wanted to know how “breakage” is pure profit for the label, then read this post.

But artists seemed to be missing the point. They still focused on the old models and were failing to see new ways. IN THE END, regardless of what the artist does, it is the LISTENERS/FANS that decide if the artist makes it or doesn’t. The power is in the listener hands. And those relationships start like all relationships with a simple hello. So connect.

That connection could be with B-sides and rare tracks. In 2014 this was a rare thing, but I can say that by 2020, a lot or artists started to raid their vaults as they realised there was value there.

Then again, Minecraft was free to download and play. With the free version, you couldn’t save your progress but for a one of fee of $6.99, you could download the full version and have all the features. There are lessons here for the music business and artists.

Look at any band that is successful and you will see a band member with an entrepreneurial spirit. Some do it out of necessity.

Jay Jay French went and formed his own independent label to release the early singles from Twisted Sister when they couldn’t get a record deal.

Joan Jett had 23 labels pass on releasing her first solo album. Out of a need to get her music out, she founded Blackheart Records with producer Kenny Laguna. This was 34 years ago. By 2014, her label is now a force to be reckoned with, via its music, clothing and film divisions.

Then again, getting a record deal could be a blessing or a curse.

Because everyone is trying to twist the narrative to their own advantage. The labels for themselves. The techies for themselves. The artists for themselves. The publishers for themselves.

I’m a fan of Black Veil Brides and their Bob Rock produced self-titled album was getting a lot of spins. If you haven’t heard it, press play on it right now. Sonically it is one of the best hard rock and old school metal releases in 2014.

Anyone read “Stephen Pearcy: Ratt and Roll”. If you haven’t, don’t. I don’t recommend it. The disintegration of Ratt and the tough times of the Nineties are glossed over. The way the songs came together, and the influences behind them is not even mentioned.

Anyway it got me thinking about the Eighties so I wrote a post that sort of makes sense about learning a lot from history.

And somewhere along the way, everyone forgot how music thrives. By sharing it with others. Go any social media site and people are sharing their lives. Go to any blog site and you will see people sharing photos, writings, music, opinions, stories, etc. And all the things that we share are all free.

How we communicate has changed significantly and how to succeed as an artist has also changed significantly. Artists need to be agile and be ready to try different ways of promoting and connecting.

If you remember, in the October 2014 review, I reviewed the careers of Adrian Vandenberg and John Sykes up until 2014. This month, Digital Summer, Evergrey and Vivian Campbell got the same treatment.

And I was cranking “Bloodstone And Diamonds” from Machine Head a lot. You can read my review here.

Then again, every act has an arc. Like the Bell Curve. Sometimes they have multiple Bell Curves.

Because the new world is hard. Attention spans are lower and what is hot today is gone tomorrow. That album you spent making for 12 months is dead after 4 weeks.

We are living in a world that is besieged by economic problems. We are living in a world that has democratic governments undertaking surveillance on their citizens like the totalitarian regimes that our grandfathers died fighting against. We are living in a world where the majority of politicians are on the payroll of the corporations. We are living in a world that has a digital divide to go along with a class divide. We are living in a world where privacy is eroded a little bit at a time.

Some of my favourite artists had songs that just spoke to me.

“What do you mean I don’t support your system, why do you think I’m broke”.

Dave Mustaine wrote that back in the mid-Eighties. Fast forward almost thirty years, and we are still broke supporting the system. The rich and the powerful caused a global recession and guess what, they got bailed out by the governments while we lost our jobs and homes. Inequality exists in music as it does in economics. You’re either a winner or a loser and if you cross over, you become a global phenomenon. Think Metallica. There crossover was the “Black” album. That is their victory lap album.

“But now the holy dollar rules everybody’s lives, gotta make a million, doesn’t matter who dies.”

The above line is from “Revolution Calling” from Queensryche. Spotify cares about Spotify and they want to make millions. Taylor Swift cares about Taylor Swift and she wants to make millions.

“Words are the bullets to this revolution”

Robb Flynn spits out the line in “Clenching the Fists of Dissent”.

We live in an information age. Everything is at our fingertips so we should put those tools to use to do our own investigations because our media reporting outlets are all owned by large corporations. They report news items that will push their agenda. They report news items that have been paid for by a marketing PR firm. Impartiality is over. Never have we been so divided but connected we are.

The problems of today existed before. However, it is the people of today that had to bail out the rich. If the POOR or the WORKING CLASS did something fraudulent and corrupt, they would be doing time in a cell. When the RICH do something fraudulent and corrupt they end up screaming to the Government for a bail out and escape without punishment.

“We’re Not Gonna Take It” was the catch cry once upon a time. It is time it becomes a catch cry of a new generation.

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

The Week (Last Few Months Actually) In Destroyer Of Harmony History – September 21 to October 31


4 Years Ago

FLYING

Patience. I’ve never confirmed it or looked it up, but i was told once it’s a French word meaning “to suffer”.

And the memories of being patient, flying 14 hours from Sydney to Doha and putting up with screaming little kids. Thankfully they were not mine.

And since the flights are so long, I caught up on movies like “War for The Planet Of The Apes”, “The Quiet Place” and “I, Tonya”. Then we wait 5 hours, board another plane from Doha to Berlin, I watched “American Animals” and “Hotel Artemis” and checked out the audio section. And pressed play on “Walk The Earth” from Europe, along with “Firepower” and “Turbo Lover” from Judas Priest.

During this period, the site became a Travel Blog, as I was doing regular updates of my European adventures in Berlin, More Berlin, Estonia, St Petersburg, More St Petersburg, The Norwegian Breakaway, Macedonia, More Macedonia and The Roma People.

After this holiday I was planning to take in more of the Balkans and the parts of Italy and Austria that surround the Adriatic Sea. This was all planned for 2020. We all know how that panned out.

THREE IDENTICAL STRANGERS

It’s messed-up when humans experiment on other humans and mess with their lives.

Like when people of influence placed triplets from a single mother into three different families across different states. And in the name of science, they lied to the adopted families when they turned up to observe how the kids were progressing.

If you haven’t seen this documentary, watch it.

UPBRINGINGS

I grew up in a steel city and the plan was the same for everyone. Finish high school, get an apprenticeship at the local steel mill, become a tradesman and work until retirement with a nice little nest egg and a government funded pension.

Maybe that worked out okay once upon a time, but as Dylan said, “the times started changing”. The steel mill that used to employ 25,000 back in the mid-70s now employs less than 700. My Dad worked his whole life there, I haven’t worked not one day there. Then again. I was a misfit falling in and out of jobs.

STEVE VAI and OZZMOSIS

In 1994, Ozzy started jamming with Steve Vai. After writing for a certain period, Bob Daisley was called in. Once rehearsals started, it was pretty obvious that Vai’s style didn’t fit Ozzy’s style. But the Ozzy Camp didn’t fire Vai. They told him that the label was shelving the album.

With Vai gone, Daisley and Castronovo got a phone call a few days after to reconvene with Zakk Wylde on guitar. Daisley then got replaced by Geezer Butler.

Steve Vai’s involvement on the “Ozzmosis” album became limited to co-writing just one song “My Little Man”.

And while the song is credited to Ozzy and Vai, I always had my doubts if Ozzy wrote the lyrics.

So, if Ozzy didn’t write them, who did?

Well, the lyrics came from the great Lemmy Kilmister.

Yep, Lemmy wrote the lyrics about his son Paul. But Ozzy told everyone he wrote the lyrics about his son Jack.

All of the debates about intellectual property and how it’s valuable and how copyright protects the writer. It’s bullshit. The real writer is not even credited.

Copyright is a mess and the Copyright’s for Ozzy’s songs are even messier. Much like how Jake E. Lee and Bob Daisley got shafted for the “Bark At The Moon” album.

DYNAZTY

Dynazty came onto my radar in 2016. Actually I heard of em a few years before but avoided them because of the band name, thinking they would sound like Kiss, and why did they spell it with a ‘Z’.

They exist completely off the mainstream radar screen, doing their thing and building their catalogue of songs. And eventually, people will notice. But it takes time. I’m a fan and I don’t even know who the members are in the band.

How is that possible?

It’s so far removed from the label gatekeeper 80’s/90’s model. But in the new streaming era streams are more important than sales and people are listening. Music is a lifers game. You’re either in it for life or it’s just a passing hobby.

And Dynazty are in it for life.

LIVE AFTER DEATH

It’s the best live album out there and it was my first exposure to Iron Maiden. It’s also a pretty good reason why I didn’t feel the need to buy the first four albums until later on.

At the time I didn’t know it, but the tempo of the songs are just a bit quicker on the live album compared to the recorded versions and I’ve grown to know the songs at those tempos. If you don’t believe me, compare the two “Hallowed Be Thy Name” versions.

And I heard Bruce Dickinson sing the DiAnno era songs first, and because of this I can’t get into the DiAnno versions. But i do like them.

This album is also the reason why I purchased a ticket for each of the two Sydney shows on the “Somewhere Back In Time” tour of 2008.

Maiden did find gold again with the “Rock In Rio” release. Especially the DVD. And on this release, Bruce brought to life songs from the Blaze fronted era.

I also purchased the DVD for “Flight 666” which I rank as Maiden’s third best live album and a great memento for the two nights I watched em perform the same set.

COHEED AND CAMBRIA

“Vaxis – Act I: The Unheavenly Creatures” was the new album in 2018. Another concept album.

My first concept experience was “Operation Mindcrime” from Queensryche, then “The Crimson Idol” from WASP and then “Streets: A Rock Opera” from Savatage. But Coheed take “concept” to another level, with more or less each album except one being part of a concept story called “The Amory Wars”.

Here is my quick summary. There are far more detailed versions out there.

A scientist called Sirius Amory discovers an energy source called “The Keywork” is made up of souls who haven’t transcended. This happens on “The Afterman” album.

Many years later, a person called Wilhelm Ryan starts using the energy of the Keywork to murder and rule. Coheed and Cambria are humanoid robots created to destroy Ryan. Along with a person called Inferno, who also is a robot, they attack Ryan’s fortress and manage to destroy it. Ryan survives, however Coheed and Cambria think he’s dead. Thinking it’s over, their memory is wiped. This happens on “The Year Of The Black Rainbow”.

In “The Second Stage Turbine Blade” Coheed and Cambria get killed and their last surviving son, Claudio, is left to take up the charge. I’m still not sure how humanoid robots have children. But the recent Bladerunner movie also has this story arc.

Claudio finds out that he’s like the chosen one in “In Keeping Secrets Of Silent Earth”.

In “Good Apollo, I’m Burning Star IV, Vol. I: From Fear Through the Eyes of Madness” there is a character called “The Writer” that starts to mess up the story because he’s going through a relationship break up. It reminds me of the Matrix characters “The Keymaker” merged with “The Architect”.

In “No World For Tomorrow”, Claudio destroys the Keywork and releases the trapped souls. And the new album “Vaxis – Act I: The Unheavenly Creatures” takes place after this event.

OLI HERBET

“Overcome” made All That Remains (ATR) accessible to me, and I’ve been a fan since.

The first track “Before the Damned” started blasting out of my headphones. Musically it’s excellent. While the death metal vocals happen in the verses, the Chorus is Arena Rock.

At 2.04 we get this head banging metal breakdown and the solo begins at 2.09 over that same head banging breakdown riff. The solo is chromatic and diminished, in the same way Randy Rhoads shreds on “Diary of a Madman”. This concludes at 2.19. It sounds dissonant and atonal.

And the main man behind the guitar is Oli Herbert. A great guitar player, founding member of All That Remains and songwriter who passed away at 44.

Rest In Peace.

I’M READY

It’s a track that Oli Herbert (RIP) co-wrote for Dee Snider’s solo album “For The Love Of Metal”. The other writers are Charlie Bellmore, Nicholas Bellmore and Jamey Jasta.

Crank it.

LEARNING MUSIC IN REVERSE

When I hear a song I like, I seek out more songs from the same artist. And I repeat the cycle with different artists. It’s how I got into music. It happened to me in the 80s.

When I heard Motley Crue, Quiet Riot, Van Halen, Twisted Sister, Iron Maiden, Ozzy, Kiss and Judas Priest, I didn’t think for a second that these bands would have had influences.

I never understood the debates over Kingdom Come in the 80’s until well into the 90’s when I started seeking out bands from the 70s and started to pay real attention to Led Zeppelin. Then I had that “ah ha” moment and I understood why Kingdom Come were labelled copycats.

I remember when I first heard Aerosmith and Whitesnake. It was in 1987 and I had no idea these bands had a long history dating back to the Seventies.

The beauty of music. I listen, I get moved by the listening and I start to explore.

THE ONE YOU LOVED IS GONE

What a solo from Slash! Actually, two solos. But it’s the middle one that hooks me. And yeah, it might sound like an Alter Bridge song, but that solo is 100% pure grade Slash.

UTOPIA RECORDS

It had the motto “The Home Of Heavy Metal”.

I’d never seen pictured vinyl before, well Utopia had them. I’d never seen 12-inch singles of metal bands before, well Utopia had them as well. And those yellow and black plastic bags with the logo and branding proved to be a badge of honor. It’s like we got patched into the club the same way bike gangs’ patch in their members.

The first location was in Martin Place from 1978 to 1980 and the second location in Martin Place was from 1980 to 1990. It was this second location that I first visited. From 1990 to 1995, they moved to Clarence Street, Sydney, not too far from the original shop. I waited in line for a Sepultura meet and greet because my cousin Mega was a fan of the band. He took in his battered snare skin for signing. Even Igor the Sepultura drummer, was impressed at the brutality of the snare skin.

Hours would be spent here, and some big decisions would be made as to what to buy between my cousin and me Then as soon as we got back to my cousins house, I would dub the records he purchased, and he would dub the records I purchased.

From 1995 to 2001, they moved to George Street, Sydney next to Hungry Jacks and then from 2001 to 2006 they moved across the road under the cinemas. The bigger Utopia got, the uniqueness culture it created for metal heads got lost.

The last time I walked into Utopia was at an address on Broadway in Sydney. They occupied this store between 2006 to 2010. But during this time, they did things differently by having live bands in store and battle of the band’s contests. They kept it going. They kept the name in the conversation. From 2010, they have been at their Kent Street address, and I haven’t been. But I have purchased items online. And I will return one day, because that’s what us Metal fans do.

PIRACY

Debates and arguments never cease when it comes to Piracy.

I became a fan of a lot of bands because of pirated material. Bands like Trivium, Coheed and Cambria, Shinedown, In Flames, Evergrey, Killswitch Engage, The Night Flight Orchestra and Corroded just to name a few. And I had no qualms paying ticket prices if these bands came to town.

High profile bands from the Eighties also had a renaissance in the 2000’s because of pirated material. Motley Crue, Metallica, Guns N Roses, Iron Maiden, Twisted Sister, Megadeth, Judas Priest, Europe and Whitesnake come to mind immediately. Provided they still wanted to work together. Bands like Skid Row, Ratt, Warrant and Dokken unfortunately missed out because key members hated each other.

It’s a pretty simple business model. Have your music available worldwide for free and people will access it.

All of those bands mentioned above have played cities they’ve never played before and to crowds larger than before. They played these cities without selling any real recorded product in those cities. I can tell you that in Eastern Europe, I did not come across a legitimate music shop. The few shops I did come across (and I use that term loosely) sell rips of albums.

8 Years Ago

ADRIAN VANDENBERG COMPENDIUM

Adrian Vandenberg came to my attention from his tenure in Whitesnake (when he and Vivan Campbell) replaced John Sykes. However, Vandenberg was David Coverdale’s first choice for the lead guitar slot, however Vandenberg turned the gig down to focus on his own band and John Sykes was given the gig instead.

Click on the link in the tile to read my compendium of Adrian Vandenberg classic songs and riffs which covers his projects from 1983 to 2014.

Since then, he has released three Vandenberg’s MoonKings albums with the self-titled debut (2014), “MK II” (2017) and “Rugged and Unplugged” (2018). And then after he was allowed to use his name again as a band name, he released the excellent ‘2020″.

JOHN SYKES COMPENDIUM

Since I was on a Whitesnake journey, click on the link in the tile to read my John Sykes compendium which covers his career from “Tygers Of Pan Tang” all the way to his solo career in the 90’s. But while Adrian Vandenberg re-entered the recorded music market in 2014, John Sykes has been absent since 2001, with only a few YouTube videos appearing in the last 5 years.

HENDRIX AND THE MADNESS OF COPYRIGHT

The music of Jimi Hendirx should be in the Public Domain. When Hendrix wrote the songs, Copyright Law at the time was for a total of 56 years (which involved a 28-year term initially and provided the artist renewed the registration, they would get another 28 years). But laws passed in the 70’s retroactively placed these recordings under new laws which meant, 75 years after death. Basically, it will not enter the public domain for another 20 plus years.

Remember when a Jimi Hendrix Biopic called “Jimi: All Is By My Side” came out and it didn’t have any original music from Hendrix. Well, the Jimi Hendrix Estate denied all attempts to license the music unless they had control over the story line of the movie. The producers felt that this would not gel well with their vision so what the public got was a movie where the actor who plays Hendrix is performing cover songs of other bands.

HYMNS FOR THE BROKEN

Evergrey is one of my favourite bands and you can read my biased review on “Hymns For The Broken”.

VOLBEAT AND RIAA CERTIFICATIONS

Volbeat in 2014 just kept getting RIAA Certifications.

It showed the music business that “Recognition Comes Much Later” for Heavy Metal bands. Volbeat entered the mainstream American market ten years after they formed. It also showed the Heavy Metal community that “Streaming Is Not The Enemy” as Volbeat’s streaming numbers are in the multi-millions for certain songs.

YNGWIE MALMSTEEN

Yngwie Malmsteen released four good albums in “Rising Force” (1984), “Marching Out” (1985), “Trilogy” (1986), “Odyssey” (1988) and two average albums in “Eclipse” (1990) and the big budget “Fire & Ice” (1992).

And here he was in 2014, shooting his mouth off with statements like “no new guitar players” and “no new good music”.

PAUL STANLEY

And Malmsteen was joined by Paul Stanley.

GUITAR HEROES

So I did a post on the new guitar heroes in response to Malmsteen’s comments.

AUSTRALIAN MUSIC AND THE RISE OF THE INDIES

Australian Music is ALWAYS a rich vibrant scene. And it is a scene that is underpinned by independent artists. Financially it is a miserable livelihood however the emotional experience is rewarding. And there is no escaping that Australian Independent artists are some of the hardest working artists around and also the lowest paid members of the Australian workforce. The sad thing is that the elite levels of Government have no idea about the independent artists. Any Government funding goes to the large Industry bodies who don’t really disperse the monies to the artists doing the rounds on the streets.

Independently minded musicians and label owners are the ones that are pushing boundaries in music because they want control over what’s being released, when it’s released, and how it’s released. And they are not afraid to use the major labels when it suits them, but ultimately they’re calling the shots.

For a musician it is an exciting time to be a part of the music scene. Especially if you are an indie.

JUNE 1993

It’s June 1993 and I am flicking through the new issue of Hot Metal Magazine, which at the time was Australia’s premier metal and rock magazine. On the cover there was the John Bush fronted Anthrax.

“The Sound Of White Noise” got 5 skulls in the magazine review, which equates to ‘KILLER’. A few months after its release the album was certified GOLD.

Then you have the bloodbath from the Eighties scene.

Jani Lane (RIP) and Warrant had split and both acts had their contracts reduced to demo deals. Imagine that. You had three albums that had moved 500,000 plus units each, and they ended up on the scrap-heap. Kik Tracee also split with vocalist Stephen Shareaux (bet he wished he tried harder for that Motley Crue vocalist spot) and both of them had been reduced to a demo deal.

Meanwhile Rowan Robertson from “The Lock Up The Wolves” Dio era inked a deal with Atlantic Records for his new band that had Oni Logan from Lynch Mob on vocals. We all know that this didn’t end up going anywhere.

While, Roberston’s former employer, Dio (RIP) was working with WWIII guitarist Tracy G after his “Dehumanizer” venture with Black Sabbath went sour. These sessions would go on to create the “Strange Highways” album while Jake E.Lee was working with WWIII singer (and I use that term loosely) Mandy Lion.

Reports coming through at that time spoke about the new Bruce Dickinson solo album being an “updated, toughened up Santana vibe with a heavy leaning towards Peter Gabriel type atmospherics and experimentation.” That album would become “Balls To Picasso” and apart from the song “Tears Of The Dragon” which sounds like an Iron Maiden song the rest of the album was a listen best avoided.

On the drug front we had David Lee Roth getting busted in New York after purchasing a $10 bag of weed. Seriously, for someone like his stature surely he could have done it more discreetly or gotten that $10 bag delivered to the studio. However, Roth is Roth and he decided that he should go out into the town and look for a dealer. On the other drug front, there was news that started coming out about Tim Kelly (RIP) from Slaughter who was alleged to have been involved in a major drug smuggling ring that was busted after a five-year investigation by the F.B.I.

Then we had the Motley Crue vs Vince Neil shenanigans.

The Vince Neil “Exposed” album got a good review in the magazine. I suppose it was inevitable that the solo album from Vince Neil would sound a lot like Motley Crue, even though NIkki Sixx insisted that Vince Neil had nothing to do with the creation of the songs in Motley Crue or the Motley sound. I think Nikki Sixx missed the memo that the actual voice plays a big part in the sound. Credit music business vet Phil Soussan for delivering a stellar performance in the song writing department that helped kick-start Vince’s solo career.

SEPTEMBER 1991

So I am flicking through an old issue of Guitar World that goes back to September 1991 and there is a D’Addario ad with the title “Young Guns II”. Read the post to find out what happened to these “Young Guns.”

METAL EVOLUTION – GLAM METAL EPISODE

I watched the Metal Evolution Glam Rock, Thrash and Grunge documentaries a few nights ago. When you play “The Trooper” as your intro riff to the series, how can you not like it.

If it wasn’t for “Sonic Temple” from The Cult and “Dr Feelgood” from Motley Crue there would be no such thing as the “Black” sound and the millions of metal bands that the Metallica album spawned.

Franke Banali the drummer from Quiet Riot cracked me up with his assessment of Edward Van Halen “the name sounds like a painter”.

It’s good to see Spencer Proffer get recognition for his idea of trying to find a band to record “Cum On Feel The Noize” from Slade. It was a game changer for Quiet Riot even though they resisted it.

Then you have the big heavy metal day on the 1983 U.S festival. It was a game changer for the LA scene and for metal in general.

John Kalonder was hilarious. When he spoke, I couldn’t stop laughing. He sounded like that baddy voice over dub in the movie “Kung Pow”.

And it was a time of excess. If Tawny Kitaen is to be believed, then the 1987 Whitesnake album cost over $2 million dollars to record and produce.

Dunn’s reporting of the “Guns N Roses Effect” on glam rock spot on. Glam Rock died because it got over saturated with inferior bands, along with Gunners showing up the movement with their nod to Seventies classic rock. When Grunge came along with its nod to 70’s bands and punk rock, it offered an alternative to the clichéd glam rock styles and lyrics.

“Bang you Head.”

And that’s a wrap for stories posted back in October, 4 Years and 8 Years ago. Next up are stories posted in November during the same period.

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

THE COPYRIGHT SWINDLE

WILL IT EVER BE FIXED TO REWARD THE CREATOR MORE THAN THE ORGANISATION?

I thought Stallone owned the “Rocky” franchises. Otherwise why would he be involved (by writing, directing and acting) in six movies and three spin offs. He did get paid to write the script but the power balance equation back in the 70’s meant Stallone had to keep his mouth shut or never work again. MGM created movies, and when they did so, it also created work for agents, lawyers and managers. No one wanted to upset anybody.

But today, everyone is upset and litigation is an all-time high. That hit song, has a writ. That hit movie, has a writ. Artists are even putting in bogus copyright claims against rival artists.

And just like that, a song from an artist is taken down on Spotify without any repercussions to the person making the false claim. And there is no counter notice. As the Torrentfreak article states; “The problem with Spotify’s system is that it’s relatively easy to flag a track and have it removed. However, there is no official option for the accused party to appeal the takedown. Instead, they have to resolve the matter with the accuser directly. If the accuser doesn’t respond, the artist is simply out of luck”.

And this puts the power back into the big labels who would find it easier to address wrongful takedowns than smaller independent artists, which creates an unfair situation.

I’m not sure if people remember Hipgnosis Songs Fund. They had a pretty big acquisition period in the first six months of 2021, which led them to acquire a lot of music catalogues. Well, by the end of March 2022, their 65000 song catalogue was worth almost $2.7bn. In one year, their revenues grew by $200m, on the back of streaming revenues.

While the artists cashed in once when they sold their rights, Hipgnosis is cashing in, over and over and over again. And since the Copyright Term in the U.S, lasts for the life of the creator plus 70 years after their death, this will be a long time return as long as the music is still listened to. And our neighbours New Zealand just extended their terms by 20 years to make it 70 years from release date otherwise their free trade agreement with the EU couldn’t happen.

One artist who still controls their copyright is Kate Bush. And if you have watched “Stranger Things”, you will know that her song “Running Up That Hill” is back in the charts and getting streamed a lot, earning her over $2.3 million in music streaming royalties alone. And that number will keep on rising.

And of course, Metallica’s “Master of Puppets” is also enjoying a nice wave of streaming revenue, courtesy of “Stranger Things”. And they also own their copyrights.

Those who own valuable copyrights will be banking.

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Copyright, Influenced, Music, My Stories, Piracy

The Week In Destroyer Of Harmony History – June 20 to July 17

Time just ran away from me.

In Australia, the End Of The Financial Year is 30 June 2022. And man there is a lot of work to be done a few weeks before that date and a few weeks after that date.

And some things just get priority over others.

2018 (4 Years Ago)

This time 4 years ago was very light on posts. I had a second part review of the year that was 1984.

Coming into 1984, hard rock and metal bands started popping up everywhere in the mainstream. Magazines moved their reporting from different styles of music to cover only hard rock. The labels even started promoting rock music as different genres. Eventually, the heavy metal section of the record store would be divided to include hard rock, speed metal and extreme metal. In a few more years after that, glam metal and melodic rock would also be listed as categories. But in 1984, regardless of what “genre” a band got labelled with after, we still found the albums in the heavy metal section of the record shop.

Judas Priest still had the world in the palm of their hands with “You’ve Got Another Thing Comin” and then they dropped “Defenders Of The Faith”. “The Sentinel” is my favourite track on the album. I could listen to it over and over again.

The debut album from the “guys from Jersey” is tiny compared to the albums that came after, but it still has some worthy riffs to talk about. So press play on Bon Jovi’s debut.

The fury known as Yngwie Malmsteen dropped his debut album “Rising Force” and neo-classical got an adrenaline shot.

The Fish led era of Marillion dropped “Fugazi”. It was an acquired taste and I enjoyed the music more than the vocals.

When I first heard “Ride The Lightning”, I didn’t even know what kind of music it was. I felt like a chainsaw assaulted my earbuds. It didn’t sound like the hard rock mixes I was used to, as my ears were conditioned to enjoy the Tom Werman, Keith Olsen, Bruce Fairbairn produced albums.

It was original, progressive and it set the track list running template for the future albums which followed.

I didn’t know it then, but Y&T would became one of my favourite bands ever. Their big money Geffen move didn’t happen until the late 80’s and A&M was the wrong label for their classic era. Regardless, Y&T’s is part of my DNA. “In Rock We Trust” I say.

From a copyright point of view, how the hell would David Coverdale do the accounting for the “Slide It In” album. There are the songwriters who would deserve their royalty and then there are the two versions of the album, with different members who would get a performance royalty.

The final Cold Chisel album “Twentieth Century” came out months after they played their final show in December of 83.

And it had three classics in “Saturday Night”, “No Sense” and “Flame Trees”. It’s also hard to believe that “No Second Prize” from Jimmy Barnes solo album that followed this, was submitted and rejected from this album.

2014 (8 Years Ago)

Stronger Copyrights

I absolutely support that musicians should be paid for their work.

What I don’t get is how the record labels and misguided artists feel entitled to push for stronger copyright enforcement as a way to guarantee an income which is contrary to the foundations of what copyright was designed to do.

The song “Happy Birthday” goes all the way back to 1893 and it was under Copyright protection until 2030 because someone decided to retroactively place it back under copyright. Then there was outrage and then it was part of the public domain.

Copyright protectionism is about protecting old business models. Stronger Copyright has nothing to do about supporting thriving new industries. Stronger Copyright has nothing to do about finding new ways of doing things.

And people do pay for music.

Metallica’s self-titled Black album is still moving on average 2000 units a week. And it is doing this even though millions of copies of the album are available to be downloaded for free. It is doing this even though it is available for streaming on Spotify and YouTube.

Volbeat has been selling records on a weekly basis in the U.S since 2011. They are doing these numbers even though their album/s are available to be downloaded on peer-to-peer networks. They are doing these numbers even though their albums are available for streaming. Same deal with Five Finger Death Punch, Avenged Sevenfold and Skillet. Still selling, regardless of the state of piracy.

So what is it. Do artists need stronger copyright laws or better business models and terms that pay them a fair days pay for a fair days work?

Asphalt Ballet

What a great band name, using a police slang term for a motorcyclist crashing and skidding along the road at high speed. Their so called overnight success was 14 plus years in the making that began in different states and different cities, far removed from the Sunset Strip of LA.

Vocalist Gary Jeffries has a huge story to tell. He put in a lot of time playing the bar circuit and his origin story dates back to the Seventies. Eventually he came to L.A in the mid Eighties to audition for QUIET RIOT after original vocalist Kevin DuBrow left. He didn’t get that gig, losing out to Paul Shortino from Rough Cutt.

Start with the debut album. They wanted to call the album “Mood Swing” and once you sink your teeth into it, that is exactly what you will get.

It was produced by Greg Edward who paid his dues as an engineer on big albums like “Scarecrow” from John Cougar Mellencamp and “Like a Rock” from Bob Seger and the Silver Bullet Band. Virgin Records released the album and it looks like they had no idea how to promote the band or the album in a changing musical landscape.

DR FEELGOOD

Dr Feelgood had to be number 1.

It was a million dollar blockbuster and the mythology around Motley Crue by 1989 supported and underpinned this blockbuster movie. The drug overdoses, the return from death, the crashed cars, the women, the drugs, the partying, the clashes with the law and the eventual “sobriety”.

It is their first album with Bob Rock, who Nikki found via Ian Astbury from “The Cult”. Remember that music is a relationship business. That is how we are meant to roll. It was recorded in Canada at Little Mountain Studios at the same time that Aerosmith was recording “Pump”. Both of the biggest party bands had committed to a healthy lifestyle, going on jogs together.

The piece de resistance is “Dr Feelgood”. Musically, it is a Mick Mars composition, that he had completely mapped out on his own. He had to take the song to the band a few times before they started to pay attention to it and it was the song that started the ball rolling with Bob Rock, after the band sent him a demo.

Can you imagine Vince Neil singing for a whole day and only having one line of a lyric that was deemed usable?

Yep, that was the standard set by Bob Rock. Of course a million dollar budget didn’t hurt. And didn’t they come a long way from the seven days recording session for “Too Fast For Love”. Album number five left no loose ends.

“Dr Feelgood” set a new standard for hard rock and a lot of the bands like Dokken, Great White, Firehouse, Poison, Ratt and so many others just didn’t take that next step. And of course, shortly after the album was released, Metallica went to Bob Rock and said that they want their own “Dr Feelgood”.

We all know how that turned out.

THE KINDRED

“Today I Caught the Plague” was first. I thought the band name was crap but the debut album “Lore” was a real stand out for 2011. I came across the band by sheer luck when I saw a tour poster from “Protest The Hero” and it had “Today I Caught The Plague” as one of the supports.

While “Lore” was an independent release, “Life In Lucidity” is on Sumerian Records. A label that is perfect for them. Because labels are still the answer to get your name out to the masses. As much as the internet was meant to level the playing field, the labels have more power than ever. So if you want to be on a label, you need to be on a label that specialises and deals with bands that are of similar styles.

The first song I listened to was “Heritage” and I bought the album on iTunes not long after, ordered the CD from Amazon and put it as a favourite on my Spotify playlist.

The band name is also changed to The Kindred.

IF GAME OF THRONES WAS A ROCK BAND

If Game Of Thrones was a rock band and the band had the levels of piracy that the TV show had, expect their shows to sell out in minutes.

If Game Of Thrones was a rock band and the band is doing a free show like the GOT exhibition then expect pandemonium to ensure.

ZAKK WYLDE COMPENDIUM

A very long post covering Zakk’s long career with Ozzy, Pride And Glory, Ozzy again and Black Label Society up to 2014. Check out what I think are essential songs that people should listen to from Mr Berserker Wylde.

And I just kept talking about “Angel Of Mercy”, spreading the gospel on the song from Black Label Society.

Great music must contain emotion. That is why “Angel Of Mercy” connected with me. It hits me emotionally and it makes me feel something. All the great songs do? And because I care for the song, I can’t stop sharing it and talking about it with people who want to listen. And when music is done right, it sells itself.

And that’s a wrap for a month’s worth of DoHistory. Let’s get back to reading blog posts and posting some more content.

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

The Week In Destroyer Of Harmony History – June 6 to June 19

4 Years Ago (2018)

As much as I try to have a buffer of posts, sometimes life and other events get in the way so my days become a matter of priorities.

And 4 years ago, my blogging suffered. Sort of like how it is suffering around this time again.

WHAT’S NEXT

You paid your dues from hotel to motel, got ripped off on the pay from the promoter, had some fights and some good times and maybe, just maybe, you might have gotten a recording contract.

Which didn’t guarantee success, but it gave you a chance to play in the field of dreams.

Suddenly, MTV made people believe that if they got a recording contract, success was guaranteed. And the live show became a clone of the recordings, because artists took their time to get the recordings perfect.

Music is cultures greatest invention and the record labels signed artists based on the music more than the commercial potential. With some A&R development, smart marketing, an audience would come and a career is built. But streaming put the public in control. It took away the power of scorched earth marketing tactics from the labels.

Songs that go nuts on streaming happen months before the rest of the mainstream picks up on them. And every so few years something new comes along that becomes mainstream. Classic rock gave birth to prog rock to punk to metal to hair rock to grunge to industrial to nu metal and so forth.

What’s next.

8 Years Ago (2014)

HEY STOOPID

Alice Copper had a string of hit albums in the Seventies. Towards the end of the decade and in the early Eighties his output was of a lesser standard while he dabbled in new wave rock. Then he started to gain some momentum with two underrated hard rock/metal releases in “Constrictor” and “Raise Your Fist and Yell”. But the massive mainstream comeback happened with “Trash”, his Eighteenth studio album. Yep, Alice’s career was eighteen albums deep.

So when it came time to record the follow-up to “Trash”, another star-studded cast was assembled.

A lot of cash was thrown at every body. It was a who’s who of hard rock royalty.

Listen to it and re-evaluate.

COMPLICATED COPYRIGHTS

I don’t understand why people go to a rock show or a metal show to film the whole thing on a smart phone.

I have also been known to break out my iPhone and capture some footage or a few photos for posterity. But I’ve never gone back and referred to my amateur filming or photography.

The reasons are simple, those captures can never accurately reflect the concert as I witnessed it.

Once upon a time it was a big thing to go to a concert and talk about it, but these days it’s no big deal.

So is videoing a concert with a phone a violation of an artist’s copyright. Don Henley says it is, however he also said that he doesn’t want the shows posted on YouTube because it spoils it for people who are going to come to a show in the future and that he doesn’t want to see Eagles content out there that sounds horrible.

Some use it as a form of a diary record, to remember or relive that moment when their favourite song came on. Some do it to share the moment and their love for the artist. Some do it because they simple can. A smart phone or an iPad or Tablet, allows us the convenience to do so.

BANDS

The years of practicing and writing do not prepare you for the realities of the music business.

To me the big one is the sense that bands just can’t get along. The odds of success are so rare no one wants to give an inch just in case that inch was their chance at making it.

It got to the point where fans of other bands were told to wait outside while the other bands played, just in case some record label rep was in the audience and saw people having a good time.

INVASION OF THE SWEDES

Sweden is a massive exporter of cultural content. Most of the bands I like are from Sweden and one of the biggest Pop songwriters over the last 25 years is also from Sweden.

Isn’t it funny how the home country of Spotify also has one of the most vibrant rock and metal scenes in the world. But wait a second. I am sure I have heard the RIAA and their proponents scream that because music has been devalued, no one will create anymore.

Well it looks like someone forgot to tell the Swedes, a country that has embraced streaming and guess what, their musical scene is flourishing.

KAMELOT

I don’t mind my fix of Power Metal. Here is my own 10 second wrap up of a whole genre beginning from the Seventies.

It started with Deep Purple, Rainbow and Iron Maiden. Then Yngwie Malmsteen and Helloween came along. They both increased the tempos and Yngwie Malmsteen exaggerated the classical elements which led to the current Power Metal movement which is just a higher tempo version of the beast that Yngwie Malmsteen and Helloween inspired.

The thing with power metal at the moment is that there are so many acts out on the market that are just not good enough to be there. They think by playing at break neck speeds it makes them good enough.

Kamelot is not one of them. Because Kamelot is not all about higher tempos. There is more variation in their music. Credit Thomas Youngblood, one of the bands original founders.

I’m listening to “Silverthorn”, Kamelot’s tenth studio album and their third concept story.

It’s the song “Veritas” that connected with me. And the connection comes in the form of a band called Savatage, who I am a big fan off, especially the era of Criss Oliva. Because it sounds like something that could have been recorded for a Savatage album.

I can’t say that I like everything that Kamelot has put out, however they have done enough on each album to keep me interested to come back and invest my time to hear each new album. And that is what matters today.

DAYBREAK EMBRACE

I really enjoyed Daybreak Embrace’s 2010 EP “Tomorrow Awaits”. From that EP “Thirty–Six” is a dead set classic and “Sanctuary” is not that far behind. This is where people should start.

So I was curious as to what new music they had released since then.

I go to Spotify, type in their name and I see that they have new music. The “Mercury” EP was released in 2013. Damn, how did I miss that. The Modern Rock scene in the U.S is a very crowded marketplace. With all the beautiful things that the Internet has brought us, one thing hasn’t changed. It is still difficult for a band to get attention and the odds of success are still very low.

GEORGE LYNCH – SACRED GROOVE

By 1993, everything changed. The Record Labels threw their lots in with the Grunge movement, abandoning the majority of the hard rock and heavy metal bands they had on their roster. But, hard rock and metal releases still kept on coming. The only issue was that they became harder to get in Australia.

And “Sacred Groove” from George Lynch would probably never get booted out of the Top 10 list for that year. It’s an album that has guitar instrumentals with hard rock songs featuring some of the best singers. Slash did something similar with his Solo album a decade later.

The best instrumental track by far on the album is “Tierra Del Fuego”. A six-minute tour de force in Flamenco Hard Rock music.

The best vocal track on the album is “We Don’t Own The World”, that has vocals by Matthew and Gunnar Nelson. But the song is actually written by George Lynch and Don Dokken. Dokken was supposed to sing on the track, however he failed to show up at the studio. So Lynch got the Nelson twins who were in the studio next door recording their ill-fated “Imaginator” album, which got rejected by Geffen and John Kalodner.

“Flesh And Blood” is written by George Lynch and Jeff Pilson and Ray Gillen is on vocals. This is a rare gem as Ray was to pass away that same year. That awesome groove sets it up and Lynch owns that solo.

Glenn Hughes involvement with George Lynch goes back to the Lynch Mob days, when he recorded scratch vocals on the second album, so that new singer Robert Mason could follow. On Lynch’s first proper solo outing, he sings on two songs, “Not Necessary Evil” and “Cry Of The Brave”. Both of the songs have music written by Lynch and lyrics by Hughes. This period of Hughes’s career is the one I like the most. He was everywhere with his own solo project, with George Lynch, with John Norum, with a Blues project and many more.

THAT 1994 MOTLEY CRUE ALBUM

I had mixed feelings when I heard that John Corabi was the new Motley vocalist. Twenty Eight years on the album has survived the test of time. Darker, bluesier, ballsier, kick-ass rock and roll.

It has some of the best playing the band had and has ever done. And it was so ahead of its time that the record label just didn’t know what to do with it and how to market it.

People said they ripped off Alice In Chains because it packed serious groove. Umm, listen to the Girls and Feelgood albums. They also grooved.

People said they jumped on the grunge bandwagon because they down tuned. For most of their career Motley Crue down tuned.

What about all the scattered Zeppelin and Beatles influence all over the record? Nikki Sixx said that he was trying to write his own Physical Graffiti. And he succeeded.

It’s a great record with the unfortunate truth that it was released by Motley Crue and the album remains hidden from any new fans connecting with it.

And that’s a wrap for the fortnight that just passed.

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