Category Archives: Copyright

Copyright, Music, Stupidity, Treating Fans Like Shit

Hendrix And The Madness Of Copyright

There is a new Jimi Hendrix Biopic called Jimi: All Is By My Side out and for anyone that has seen it, you will notice that the movie is missing Jimi Hendrix’s original music. So the story goes something like this. 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 has is a movie where the actor who plays Hendrix is performing cover songs of other bands.

This is ridiculous because in case anyone has been living under a rock, Jimi Hendrix has been dead for 44 years. Based on retroactive copyright terms his music will never even enter the public domain in our lifetime.

It’s worth noting that when Jimi Hendrix created his original works in the Sixties he did it under the agreement that he will have a copyright on those songs for 55 years during his lifetime. However, the corporations have ensured that agreement got retroactively changed to be life plus 70/90 years (depending on which country you reside in). It is also worth noting that a lot of his original compositions were influenced heavily by blues compositions from 20 to 30 years prior to the 60’s who already had their copyrights expire. That is why Hendirx flourished and that is why the British Invasion flourished. They built of works that had entered the public domain. That is how culture thrives, by building on what came before.

Copyright was always meant to be a deal between the creator and the public. “We (the public) will give you (the creator) exclusive rights and related legal rights for a limited time to your works, so that you have an incentive to create more, but in exchange once that limited time has passed the rights to your creations go to the public so that people can build on what you’ve created”. Copyright was never designed to a welfare system for heirs and ‘estates’ like actual property or a product to be monopolised by greedy corporations.

Any copyright term lasting past death is excessive and at that point it’s time for the public to receive their half of the deal.

I have heard the argument that a lot of Hendrix’s fans, family and friends are not happy about the way he is portrayed in the movie. My answer is so what. If you look at the history of biopics based on musical heroes like Jim Morrison or Johnny Cash, I am sure that fans, family and friends of those people would not have been happy about how those artists have been portrayed in movies. But that’s not the point of copyright. It’s not a right to block or censor representations the creator doesn’t like. In this case the Hendrix Estate was trying to use copyright to block a version of events that the family did not approve of.

Of course, the Hendrix estate might be making their own biopic or documentary on Jimi’s life and I am sure that they will portray Jimi in the most favorable light possible. Sort of like re-writing history from a certain point of view. However that is why other stories like “All Is By My Side” should be told and that is why copyright should not be used to censor those stories.

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

Some Music Business Truths

Music Is Not Free

Look at the complex math that goes on here. The recording and publishing industries get a yearly license fee from the tech companies like Pandora, Spotify, Amazon, iTunes, Google and so on to have their music collections on the products that the tech companies offer.

Then the recording and publishing industries (via the music fan) get paid 70% for a download and 70% in royalty payments from a stream/view.

So with so much money trading between people how can people say that music is free.

How come no one is saying that APPS are free. We are all using a plethora of apps every day, and 99.9% of them are free. If anything we expect them to be free. And has that stopped people from creating new apps.

We Don’t Need Stronger Copyright Regulations To Encourage People To Create

Back in 1999, the RIAA said that Napster and piracy would stop people from creating new music because they would have no incentive to make music anymore. Then by 2005, the same argument shifted to Copyright Reform. The recording industry argued that copyright needed stronger enforcement provisions and no due process because if that didn’t happen no new music would be created.

Well guess what.

Just the opposite has happened.

More people are making more music than ever before. What we do need is for the Public Domain to be replenished again with music.

The CD

Apple has phased out the CD/DVD drive from their computers which means the CD be another niche product in the same way that vinyl is. For collectors only, because it turns out that the majority of music lovers just wanted access to music. It was never about ownership.

The MP3

It was a by-product of the CD. As the tech got better, the quality got better. Now it will become a by-product of streaming.

Streaming plus MP3

Putting my Nostradamus hat on, I predict that the streaming services will begin to offer MP3 downloads as part of a super-premium package. At the moment 45% of people still like to buy mp3’s. 45% of a three hundred million population in the US is a lot of people.

Anyone seen the adoption curve. It’s basically a bell curve that shows that 2.5% of people are innovators, 13.5% are early adopters, 34% are early majority, 34% are late majority and 16% are laggards. So in relation to streaming, it is safe to say that we are in the early majority phase right now. So if you are an artist or a record label or a tech company, how do you get the 50% plus of the late majority and the laggards to commit earlier. Offer them a product that meets their needs.

Record Labels

Still the best way to get your music heard as they have the money and the contacts. But they are still doing it wrong. They believe that a blitzkrieg publicity campaign will ensure success. The more we’re beaten over the head with something, the less likely we are to check it out.

Music Press

Save your money and don’t take the easy way out. Promote yourself personally. Work with people. Talk to people. There are no short cuts. In today’s world, the music press has never broken a band to the masses. The band has broken themselves with their music. If you make it great they will come.

Technology And Music

Fans of music want to listen to old songs however we have no desire to use an old computer like a Commodore 64 or an Amiga 500. However if both industries want to stay relevant they need to innovate and create something new and great on a regular basis. If you don’t you will be like Gene Simmons, slowly fading in the rear-view mirror and screaming to anyone who cares about the old gatekeeping model to return.

Concerts

Streaming concerts will never work as people still want to be there for the experience even though the sound quality might be terrible. As for the price of tickets, the acts are to blame. The prices I have paid range from $50 to $250 a ticket over the last two years. Guess who charged $250 a ticket. Yep it was the big acts from the Seventies and Eighties. Kiss, Motley Crue and Bon Jovi charged that.

Bands like Avenged Sevenfold, Trivium, In Flames, Five Finger Death Punch, Richie Sambora, Coheed and Cambria all charged around the $70 to $80 mark while Protest The Hero charged $50.

Know Your Fans

Great artists have made a living long before the advent of the phonograph and the recording industry. It’s because of patronage. Loyal fans will buy your super deluxe packaging, they will view your YouTube videos, they will stream your music on Spotify and they will spread the word for you. Do you know who they are? If you don’t then you are leaving money on the table.

Success And A Career

The odds of success are really low. So what can you do differently? You need to be determined as the bar is set really high. You have to be committed to the cause and honest. If you want a career you need to always pick up a new generation of people to discover you.

You want to know an upside to music piracy. Just have a look at all of the Classic Rock acts from the Seventies, Eighties and even Nineties doing big business on the live circuit and they are making way more money now than what they made at the peak of the fame when recording sales set the benchmark.

Def Leppard, Motley Crue, Twisted Sister, Slash, Evergrey, Europe, Whitesnake, Stryper, Machine Head, Dream Theater and Tesla have been seeing for the last decade, younger and younger people coming to their shows. They sing along and know all of the words. The audience base needs to be replenishment if you want a career.

And you need to have an opinion, which is hard to have in a society that is focused on being liked. However life is short and you have one voice. Use it.

Teaching

Imagine your favourite artist as your teacher. The personal interaction is what makes a difference. Playing a big show is one thing however teaching has a greater impact. You are giving someone more than just a good time, you’re helping someone grow, hopefully to the point that they will do the same for others.

And I am  not talking about guitar clinics or drum clinics. I am talking about being an actual music teacher on your time off. It could be a six to eight week course in the city you live in. Eight 30 minute lessons per day might seem like a waste of time to you but to someone else it could be a lifetime changing experience. So what are you waiting for, make the connection.

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

Attention, Affluence, Dominance and The Artist Is Somewhere There In Between. BUT WHY.

It irks me when a person that you are having an email conversation with CC’s in other people who really don’t need to be CC’d. Instead of coming back to the person they are originally communicating with on the email they reply back and CC a few more extra people in. It is like they are broadcasting something to someone. Maybe they want to CC in a Manager to show how great they are and how terrible I am. Maybe they just want to make me look bad. I do it as well however when I do CC in an extra person I tell the person that I am responding to why I am CC in that extra person in. I also tell the person that I is CC’d in why they are included with a question that seeks their point of view.

Maybe we all just want some attention. It seems we are all fighting for attention these days.

Guess how many people know who Kim Dotcom is?

According to the MPAA and the RIAA, he is the greatest money launderer the world has ever seen. They convinced the police force to send their SWAT teams to break down his door and arrest him in the early hours. And the funny thing is that he is virtually unknown to ordinary people. Even his companies MegaUpload and Mega are not known brands to a large portion of people. So how can this great criminal mastermind remain undetected to most ordinary people. Hell, I was in Eastern Europe and all the people who I spoke to didn’t even know who Kim Dotcom was.

This goes to show how the entertainment industries like the MPAA and the RIAA have used affluence to hijack proper due process in the courts. And that affluence doesn’t stop there. It is used to hijack many debates especially when it comes to legislation around copyright. It is unfortunate that the music industry as a whole seems to be interested in protecting their business models, dominance and control.

The biggest issue today is attention.

The record labels still believe that their affluence and their publicity campaigns will get people’s attention. But that is old school thinking. Real attention grows over time.

And attention is just part of the equation.

How do we compensate the artist themselves or the songwriters that wrote the song once they have received our attention. The Copyrights of the artists are held by the labels. The labels purchase these copyrights for a value that is far less than what they are worth. And that is a big problem between artist and label. Because the record label is using the copyrights that they have amassed over 80 years of dominance as bargaining chips in licensing deals.

Spotify pays the labels a license so that Spotify can have their music on the service. In addition Spotify also pays the labels when songs are streamed. Plus Spotify pays any profits it makes to its part owners. In the case of the US market, Spotify is partly owned by the labels. And all of this was possible because the labels amassed an arsenal of songs from the artists they signed. Did the artists receive any compensation in these corporate deals?

The environment that musicians operate in is changing all the time, and with that comes a requirement to be flexible and forward-thinking in their approach. In addition the expectations of musical fans about how they access music and how they wish to be serviced has changed dramatically over the past fifteen years. And the ones that are investing in innovation are the technological companies. The Record Labels did nothing except litigate. The artists just waited to see what transpired instead of thinking and planning their own innovation.

If you want to grow and prosper as an artist you need to be thinking ahead all the time. Not only do you need to keep pace with your fans’ expectations, but you also need to position yourself to identify and make the most of the opportunities when they arise.

Focus on “WHY” you create music rather than simply focusing on ‘WHAT’ music you deliver. This is an important message. The why is the message that your fans would connect with and follow. It is your vision. Your belief.

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Copyright, Music, My Stories, Piracy

Who Made APRA/AMCOS Gods On Piracy?

What kind of world do we live in where a royalties collection agency that has a business model based on copyright thinks that it has a right to have a say about what kind of legislation should be written. Talk about business model protectionism. Talk about a conflict of interest.

APRA/AMCOS which is a royalties collection agency in Australia is asking the government for harsher and stricter laws for people who download music. And they asked sent emails out to artists that have songs registered with them asking us to make sure our voice is heard. Basically it was a call to arms to toe the same line as them. Well, I don’t want people who download music to be litigated. I don’t want the government to write laws to protect crap business models. Because the truth of the matter is this. The APRA/AMCOS business model is based on copyright.

Now with streaming winning on all fronts and the purchases of MP3’s and CD’s drying up, APRA/AMCOS is financially challenged. And they don’t know what to do. So they hijack the Copyright debate. Copyright was always about getting works into the public domain after a reasonable period of time. And organisations like APRA/AMCOS have twisted the debate to make it all about money.

If the music world embraced what Napster offered back in 1999 well, a different conversation would be happening right now. But they didn’t and music piracy just kept on growing.

But online music piracy is declining. The war is over. Streaming has won. Each year more and more people take up legal streaming services. The money pie to split up will only get bigger as the services get bigger. It’s simple economics. But the corporations of old don’t look towards the future. They look towards RIGHT NOW. How do they get paid right now?

Spotify says music piracy in Australia is on the way down. The corporations that have business models based on copyright say the opposite. What is known is that hard-core pirates will always remain. And that is nothing new. They have always remained. Even in the pre-Napster days people pirated.

Artists say that Spotify and Pandora don’t give them a fair share of money. Spotify says they do pay the rightsholders. In 99% of cases the rightsholders are the record labels and the publishing corporations. And it those entities that are not filtering the money back to the artists.

Seen any record label scream up and down that Spotify is not paying.

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Copyright, Music, My Stories, Piracy

Eastern Europe

News in relation to piracy crackdown measures has been down the rounds a fair bit. In Australia, the Government is looking at a range of measures that range from cracking down on individuals to a graduated response scheme. Meanwhile the ACCC (which is a consumer advocacy group) believes that the government should do more to do away with the Australian Tax that leads to price discrimination.

Then you have the Expendables 3 leak way before it’s box office debut. And the results are in after its box office takings and they are not good. Is piracy to blame for these takings? One side of the debate will say yes while another will say no.

Then you have the Russian Government taking down sites that it deems breaks the laws without any due process and the majority of US studios taking to court the Russian version of Facebook for piracy.

I am doing the rounds of Eastern Europe at the moment and I can tell you first hand that piracy is king. Each street stall or shop deals with pirated goods. I walked into a CD shop and all of the CDs and DVDs were copies made from illegal downloads. I walk into any clothing shop and I am greeted with gear from Adidas, Nike, Puma or any other reputable product. And while the owner tells me they are the real deal you don’t have to be a scientist to work out that they are forgeries.

But in all of this piracy, 40,000 people turned up to watch a Serbian singer name Ceca in Ohrid on 1st August. In all of this piracy, Metallica constantly tours Eastern Europe, selling thousands upon thousands of concert tickets in areas where actual sales of recorded music is non-existent. Iron Maiden is another band that is king of Eastern Europe.

Then you notice that each house has cable TV and that a lot of the people don’t even pay for it. Yep, most of them are cord cutting into a legit box and running a cable into their apartment, unit or house. And while Game of Thrones and The Walking Dead are kings in English-speaking countries, they do not even rate a mention in Eastern Europe. They are just not part of the conversation.

Yet with all of this piracy going on in Eastern Europe it still hasn’t dented the people’s will to create new product. Movies, music and TV shows are still being made at a high rate. There are so many good and talented artists doing the rounds in Eastern Europe and they do it because they love to create and perform. The aspect of being rich and famous doesn’t even come into the conversation.

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

If Game Of Thrones Was A Rock Band

Game Of Thrones is on everyone’s lips these days. In Australia, it is also one of the TV shows that a lot of Australian’s download via peer-to-peer networks. With such a high piracy rate of people obtaining their content for free, you wouldn’t expect people to spend a decent amount of money to travel large distances and queue outside a Game of Thrones exhibition in Sydney.

But that is exactly what happened. Even though the exhibition is for free, the fans of the show spent their hard-earned dollars to get to the venue and then spend their time waiting to get in.

On opening day, people waited for six hours to get in. See what happens when a TV show is available to all even though it is meant to be locked up behind paywalls. You get people queuing up for days on end just to see the Iron Throne. This is the world we live in today, where a TV show based on a cult novel is bigger than a rock star. It used to be that people queued in lines like this for their favourite act.

And in this case the term groupie involves everyone. Teenagers to the elderly and moms and dads and their obsession for the series is all at different levels. And super fans paid above $500 in travel related expenses to be at the exhibition. It’s like when your favourite band comes to town and you fork out your cash for Meet and Greets and VIP passes.

No one could have predicted that George R.R. Martin would have created a cultural phenomenon. However as good as the stories are from Martin, it is the visual aspect from the TV show that is overseen by the show runners that is causing the cultural impact. Plus the casting of Sean Bean in Season 1 as Eddard Stark was a master stroke.

And as much as the Corporations moan and complain about piracy taking away from the artists or the creators, what piracy is showing is that people from all over the world can access and be involved with a cultural phenomenon. Piracy leads to greater opportunities.

If Game Of Thrones was a rock band and the band had those levels of piracy, 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.

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

The Money Business

As bad as the RIAA makes out the piracy epidemic sound like the end of the world, is piracy really taking away from sales of recorded music.

I have been looking at some metal sales recently.

All up, from June 18, 2014 to July 2, 2014 in total there have been 289,810 hard rock/metal sales. It total that is a retail gross taking close to 3 million dollars. Not a bad take for two weeks.

Mastodon’s “Once More ‘Round The Sun” makes up 12% of that total. And that is their label “Reprise” only entry. Eleven Seven Music had two entries with “Hellyeah” and “Nothing More” and those sales in total came to 6% of the total.

Warner Bros along with “Linkin Park” take up 50% of those sales. And this fits right in with the “Blockbuster” strategy of Anita Elberse that has proven that a very very small percentage of artists make up the majority of the sales.

Warner Bros also have Avenged Sevenfold and Gemini Syndrome on their roster, with Avenged Sevenfold having moved 490,000 units of “Hail To The King” in the US and Gemini Syndrome having moved 22,000 units of their “Lux” album in the US since their release dates.

Yep, that Avenged Sevenfold release in actual sales has generated close to $5 million for Warner Bros. And of course, let’s not forget the streaming income, radio plays income and so on.

There is a few takeaways from this.

There is still a lot of money in hard rock and heavy metal music.

Aggregate sales of 300,000 over two weeks, equates to 7.8 million sales in the U.S alone for 52 weeks, with a gross retail sales value of $78 million. And of course, let’s not forget the streaming income, radio plays income and so on.

The issue is that the sales are spread over a lot of releases.

And it’s good to see labels like “Artery”, “Fearless”, “Prosthetic” and many other independent ones flooding the market with releases. It’s good to see a lot of bands self releasing and recording sales. And you still have the regulars like “The Pretty Reckless”, “Five Finger Death Punch”, “Chevelle” and “Volbeat” still moving units.

And yes, the recording business still generates a lot of money. It’s just a shame that every band is held captive to the creative accounting of the record labels, especially the larger ones. It’s also a shame that every band is configured with band agreements that take into account payments to managers, accountants, lawyers and the band members themselves. Heaven forbid if a band member leaves. Then the money business starts to get messy.

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Life In Lucidity

“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.

Their 2011 debut album was over 10 plus years in the making.

While “Lore” was an independent release, “Life In Lucidity” is on Sumerian Records which is the home of PERIPHERY. 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 album title alone gets me thinking about “Silent Lucidity” from Queensryche. Vocalist David Journeaux explained the title meaning in the following way;

“The album title, Life In Lucidity, relates to the concept of life being nothing more than a very lucid dream, wherein if you were to wake from it you may either wake in to another dream or in to true reality. It also toys with the notion that if you can realize you are dreaming within this world you can gain complete control over everything that happens within it; complete responsibility for the path your life takes.”

Wolvish

“Wolvish” is a perfect concise musical and melodic statement of the djent and progressive rock movements. That opening riff is absolute killer.

It’s got horns, it’s got groove, it’s got meter changes, it’s got a spaghetti western flavour, it’s got a cabaret circus big top feel and that Coheed and Cambria inspired chant ending is just sublime. Basically it’s got everything that a progressive song should have and it all sounds natural.

I must go
Off alone in wild
Where I just might escape my restraints

So simple and one of the best lyrical lines of 2014. It is a simple summation of just cutting yourself free from the society and the life that is unjust. Jump in the car, hit the gas and escape the restraints of society into the unknown. Or in some cases, go online and escape that way.

Heritage

The frantic intro with the chants got me interested, however it was the build-up in the middle from 2.28 that got me hooked.

I would be happy to pay good money to see the band pull off the song. It actually starts out with a quote from “Johann Wolfgang von Goethe”.

“He who cannot draw on three thousand years is living from hand to mouth”

The song’s topic is what the Copyright Industries are fighting against.

“Heritage” explores the idea about building upon the knowledge of predecessors, by understanding what came before and then applying our own thoughts and ideas to them.

Music is a perfect example of building upon previous works and changing them enough with our own ideas and words. And it’s got a perfect summation for what it is to be human.

Now, stand on the shoulders of history’s tallest thinkers
See that their height is borrowed from predecessors
And even the worst ideas can spur better conceptions
Pushing humankind along an evolutionary rite of passage

We are copyists, borrowers. We always have been and always will be.

Everbound

Again the mathletic intro hooks me in and the old school style vocal melodies seal the deal. A song that deals with being away from a loved one. It will not be as big as “Turn The Page” or “Wanted Dead or Alive” because it is an intelligent ode to life on the road.

On long nights, the feeling grows so strong
But still stronger, my resolve that all I need is her word
Nothing can shake this
For twin hearts, inherently kindred
Know all despair will be resolved at companion’s side

An Evolution Of Thought

Is the level that Tool should be at right now. The song has everything in it that I love.

Old School. CHECK.
DT style prog. CHECK
Coheed and Cambria style prog. CHECK.
Tool style prog, CHECK.
Protest The Hero style prog. CHECK.
Periphery meets Scale The Summit style prog. CHECK

And yeah, those vocals kill it. It’s well written, and once again features an ending buildup that leads to an atmospheric chanting chorus that hangs around long after the song is finished.

Ebb and then flow
In time may we learn we never knew one thing
Ebb and then flow
In time may we learn we grow staying open
Ebb and then flow
In time may we learn from those we would estrange
Ebb and then flow
In time may we learn the laws of change

We knew once that the Earth was flat. We believed it. Now we know that is not the case. The takeaway is the line “WE GROW STAYING OPEN”.

Decades

Just look how everything can change
Perspectives falling through with age

Tell that to the Copyright Industries. They don’t want nothing to change. They want it to be like it was twenty years ago. Gated Releases, distribution controlled by them and politicians on their payroll passing laws to benefit their business models.

No moment’s ever the same
Embrace the shift

Seeing the change that the Internet has brought to my life is exponential. Embrace it, don’t fight it.

Years pass by, what was is changed
As years pass by, what is was revised
As years pass by, what was gives rise to now

Again, the perfect takeaway of what life is. What was, is changed. What was, is revised. What was, has given rise to something new. Steve Jobs is the definition of this principle. He took what was invented, revised it, changed it and out came the iPod, iPhone and iPad.

Millennia

The blues’iness is perfect and brilliant. For an instrumental I didn’t need the feel to skip it. Love the Pink Floyd feel it gives me, ala “Dark Side of The Moon”.

A Grand Debate

Interpret the words unspoken
The benefits they bear

The one who controls the story is the one that controls the narrative. That is what the Copyright industries like the movie studios and the record labels are trying to keep control of. If they lose the narrative, then they lose the debate.

Do you see that our lies disguise shortcomings?

A perfect lyric.

Seekers and Servants

The lyrics drive this song.

How’d we become so pliable?
How’d we get so loose with trust,
Giving it up to the likes of the ruthless few who
Exploit naive, to ensure their incomes will grow?

Yep, while our parents focused on building a home and saving, the ruthless few kept on plotting and scheming. So what we have is a world that allows the criminals of the GFC to go on public speaking tours. What we have is a world that allows Corporations who contribute nothing to culture to lock it up. What we have is a world that allows democratic governments to spy on its citizens, acting the same as the totalitarian governments they went to war against.

Let’s choose to educate ourselves; question everything

Truer words have never been spoken like this.

But what we’re told and what we’re sold relate
So keep an eye on bottom lines

Living in a world we’re the leaders that we vote in work for the corporations instead of the people. Living in a world we’re everyone focuses on the bottom lines.

If initially we knew to
Work upon ourselves, not everyone else,

Any change happens by starting on numero uno. Get that right. But instead, we want to mold and shape everyone to conform.

Dreambender

Shape the life which you’ve defined

Again another classic lyric.

Like A Long Life

Greed deceives,
Turning everyone to slavery
Causing everyone to live life for salaries

Slavery in 2014 is just that. The rich are not stupid. They lost the war on slavery in the eyes of history, but what they did and what they created is much worse.

Why live a short life like you’re living a long life?

So wrapped up in building mansions for a life that is so brief.

Progressive music in general is having a pretty good run recently and I’m not complaining one bit. The step up from “Lore” to “Life In Lucidity” is a god damn big one.

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

I Want My M.P.3.

The last cinema movie I watched was “The Hobbit” back in December. I decided to give Captain America, and Spiderman a miss because the kids were little pests and I decided that even though I wanted to watch the movies, I wasn’t going to go without my kids.

Anyway, they have been good little boys, so I decided to have a movie weekend with them recently, while my wife stayed home with our two and a half-year old. So over the weekend, I had my son’s birthday party on Friday, had kids football on Saturday morning, watched “X-Men Days Of Future Past” on Saturday night with two of my boys, had more kids football on Sunday morning and then watched “Transformers – Age Of Extinction” on Sunday night with my boys again. Plus I took in the Brazil vs Chile game and the Colombia vs Uruguay game.

As is the norm with any Marvel movie these days, we hang around until the end credits scene appears and once that scene finished, there was a notice that said something like, 15,000 people contributed to the making of the movie. And I thought to myself, this is typical of the Movie Picture Association. Treating the people who legally watch a movie like criminals and hitting them with an anti-piracy statement.

It was like when I purchased a DVD at the start of the piracy epidemic and I was hit with the “You Wouldn’t Steal A Car” advertisement that could not be skipped. Yep, I am sure that the people who pirated the content kept those advertisements in their pirated release of the movie.

Everyone with a decent internet connection has dabbled in getting their music, TV or movie content via peer-to-peer downloading. Even the ones that work for the Copyright Corporations have illegally downloaded.

Because as successful as Spotify is in fighting piracy, or iTunes is at converting digital mp3 pirates into customers, people still get want their mp3’s for free courtesy of a favoured supplier. And it turns out that the pirate versions of the legal commercial offerings far surpass the simplicity and ease of use of what the Entertainment Industries offer up. That is because the pirate versions offer everything, in any format a user prefers and they do not geo block, so there is no way that a person will get the stupid “not available in your country” message.

Basically the amateur sharers of culture and knowledge are miles ahead of the Entertainment industry. The Pirate Bay is over ten years old. Name me one Record Label technological start-up that has reached a decade.

The kids of today just grab stuff from where it’s easiest. That is why YouTube got traction. While the record labels procrastinated about licensing Spotify, YouTube slipped under the radar. The only thing that YouTube is missing is the free mp3 version that fans of music still want.

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

Customers And Creators. Fans And Artists. They are the ones that matter.

Village Roadshow is grasping at straws in their fight against piracy. Still failing to understand why it is a phenomenon and how it can be competed against. And the spokesperson for all of the propaganda and misinformation is Village Roadshow senior executive Graham Burke.

He has gone after Google because he believes that Google is deliberately misinforming the public in their arguments on copyright breaches and on-line piracy.

You see Mr Burke reckons that Australia needs stronger anti-piracy legislation in conjunction with expensive legally available products because he has reports that this kind of approach works in other countries. He also believes that a three-strikes policy will stop people from stealing. Yep, the CEO of Village Roadshow still refers to copyright infringement as THEFT. If copyright infringement is theft, then prosecute the thieves under theft laws.

Why go after them under Copyright laws?

Mr Burke points to the music business to debunk the theory that online piracy is primarily an availability and pricing problem.

Yes, Spotify and streaming services are all over the world and music piracy still exists. There is no doubt about that.

That is because people still want to download music for free, so where is the legal service that allows users to download mp3’s for free. Of course there isn’t a proper licensed one, so people turn to illegal downloading.

A free ad-supported service that allows users to download or trade in mp3’s will bring billions of dollars into the recording industry. Hell, the recording industry and the movie industry claim that pirated sites make millions upon millions from advertisements. So why don’t they along with iTunes, Spotify or a new player like Arena offer the same service.

Instead, we get Governments introducing new policies to “CRACKDOWN” on Copyright Infringement. And of course, these laws are all being collaborated in secret between certain interest groups.

As misleading as Graham Burke is, he has found an ally in Attorney-General George Brandis who benefited greatly from Village Roadshow in campaign contributions. In Australia, we pay the second highest honesty tax.

Yep, the powerful Retail Lobby groups pushed for a tax around $290 per household to offset the $AU1.86 billion in losses they incur from customer “deviant behaviour”. Let’s look at the deviant behaviour of Australians;

– Creating a fake US iTunes account to access and pay for content not available in Australia

– Using an IP Address to access content at a fairer price due to GeoBlocking.

– Illegally downloading TV shows, music and books from the internet for free, for personal consumption.

– Online shopping from other parts of the world because it is cheaper.

But the above behaviours are deemed “acceptable” by the people because hey, every news outlet reports that Australia has the highest rate of piracy. However, large organisations with a lot of cash, disagree with this. Instead of focusing on their models they focus on legislation. They need a tailored approach to their problem. If you have movie piracy, then it is your fault. If you have music piracy, then it is your fault.

Make your movie available as soon as it hits the cinema’s to download. Hell, most houses now have a home cinema.

But as long as people like Graham Burke exist and there are many of them, the industries will moan and complain. Once he finished with Google, he moved on to iiNet and accused them of “scaremongering”.

iiNet says that a graduated response is the wrong path to take in the piracy debate.

Village Roadshow wants to be judge, jury and executioner. There is no due process here whatsoever.

As we have seen with all of the takedown requests sent to Google, the Rights Holders are the main entities that are censoring the internet.

George Brandis has also labelled Australia the worst offender in the world when it comes to piracy.

So what we have here is a company called Foxtel (owned by News Corp) who has Game of Thrones locked up behind a paywall, claiming that over 500,000 Australians “legally watched each episode of the fourth and most recent season of Game of Thrones, but as many watched it illegally through online file-sharing.”

Then you have Choice, a consumer rights group that puts the blame at Foxtel’s ‘‘outdated business model’’ for the spike in GoT piracy.

So who is to blame.

500,000 illegally downloaded each episode according to Foxtel.

So why don’t Foxtel monetise those people by offering a service that benefits all. $10 to watch 10 episodes of Game Of Thrones, whenever you want. That is a cool $5 million.

Because in the end, all of these organisations in the middle, make their money from two groups.

CUSTOMERS and CREATORS.

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