Category Archives: Copyright

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

Complicated Copyright and Why Do People Pay Good Money To Go To A Concert And Then Spend The Whole Time Filming It?

I do not understand why people go to a rock show or a metal show to film the whole damn thing on a smart phone. Seriously are they going to go back home and watch it over and over again afterwards? Of course not because it will sound like crap as smartphones are not designed to capture high volumes without distorting the sound.

Having been a high gig attendee my whole life, I have also been known recently to break out my iPhone and capture some footage or a few photos for posterity. However, I can honestly that 99% of the time 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.

So why did I do it? Why do other fans do it?

Is it for them to validate or prove to other people that they were there at the concert?

Like does anyone care these days. Everybody goes to concerts these days. Maybe once upon a time it was a big thing to go to a concert but these days it’s a nothing thing. Hell, I took my kids last year who were 8 and 7 to see, Kiss, Motley Crue and Bon Jovi. This year I took them to see Richie Sambora.

Do you think my father would have taken me to a rock concert at the age of 8? No chance.

Even if those people placed their concert video footage on YouTube, would anyone really care?

For example, Metallica is the biggest metal band in the planet right now. So they played “Frayed Ends Of Sanity” live for the first time and a fan of the band put it up on their YouTube account called MetallicaSoloFan and it has a whopping 2,473 views. Other accounts have the same song filmed from different viewpoints and again the view count is dismal.

Because no one cares that you went or for the crappy footage on display.

And what about the poor old fan that is standing behind a person filming the concert. As is the norm, in order to film a concert, you would need to hold up your device high above your head to capture the footage and in turn you are taking away from my viewing experience. Me and my boys copped that at the Richie Sambora gig.

However it is a product of the times. I get that.

In 2014, we don’t leave home without our Apple or Samsung devices. It is part of our make and build.

There are bands out there that would like this process of filming their show to be stopped.

The Eagles are one such band.

They want to stop people from filming their concerts by banning the use of the smart phone. Don Henley has hinted their tour of Australia could possibly be the band’s final tour and he wants fans to experience it with their eyes not their phones.

Of course we all know that Don Henley is very knowledgeable about artists copyrights and he is also opposed to fan filmed footage ending up on YouTube. For him it is all about CONTROL. He should be the one that CONTROLS how his music or the music that he is involved in is distributed.

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.

However, live concert filming is done every day by multiple people at the same show. 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.

To put into context about how messed up the current music copyright business is you need to get your head around the Copyright laws that have been written over the last sixty years.

At a high level, every live performance has a multiple set of rights that come into play.

(1) the copyright in the music, usually controlled by the publisher;
(2) the copyright in the lyrics, also usually controlled by the publisher;
(3) the copyright in the live performance, usually controlled by the label;
(4) the band’s right of publicity;
(5) trademarks owned by the band;
(6) contractual rights (potentially arising from signage posted by the band or the venue, the ticket stub or the terms and conditions of the website to which the footage is posted.
(7) the performance rights organisation like APRA or ASCAP, from which the venue needs to obtain a license.

Music was never meant to be this complicated but over the last sixty years it has come to be so.

And what about the rights of the fan who paid $600 for a front row ticket and another $100 plus at the merchandise store.

What about the rights of the fan, who had to drive 90 minutes to get to the venue and then pay another $30 in parking fees and then get charged $10 for a beer and $20 for a Hotdog and Chips.

There needs to be a sensible re-think but due to the money involved the copyright holders are not playing ball. They want stricter copyright laws, which is contrary to the public and culture in general.

ARTICLE

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

What I Am Over Reading …..

Metallica’s New Album

Seriously it has been six years since Death Magnetic was released. For the last six months, the band has been working on songs. They have mentioned in press interviews that they have thousands of riffs stockpiled. The hype means nothing in 2014. Do people want a full Metallica album every six or seven years? I know what I would prefer, more quality frequent releases.

In relation to new music, “The Lords Of Summer” is the only new offering, while “Beyond Magnetic” broke the cobwebs on some old Death Magnetic demos. And the less said about “Lulu” the better.

However the Metallica live show sells out.

Led Zeppelin ReIssues

Seriously. How many times can someone own the original three albums or the songs contained within those albums.

Rockstars becoming owners of ,insert business venture here>

The fans want you to write music and play for them. Instead we get our heroes become owners in football clubs, technology start ups and so forth.

Piracy

Seriously. Is this still an issue in 2014?

YouTube and Spotify more or less have everything that a person would want. However the labels along with the RIAA still use piracy as a means to get more laws written. In Australia, our Attorney General is talking up a three strikes policy as a means to combat piracy even though evidence from all over the world has shown that these policies have done nothing to stop copyright infringement.

It’s because the people have no respect for copyright law anymore and the corporations that abuse it. Music survived for centuries upon centuries because there was no copyright. Artists copied each other. Music and melodies got passed on from family members to family members via copying each other.

Google Needs To Do More

People like U2 manager Paul McGuinness or the RIAA or the MPAA or the various bots they employ to issue takedowns need to get a life because Google is not to blame for copyright infringement. Google is not to blame for the THEFT of music. I believe the latest comment from McGuinness is that “Google is the greatest theft enabler on the internet”.

Seriously McGuinness should look up what THEFT means because as far as I know, U2 still has their music on iTunes. No one has stolen the mp3 that exists there. However if millions of copies of that same mp3 exist all over the internet, is that Google’s fault.

Streaming Doesn’t Pay

It does pay. If you are not getting any of the pie speak to the label or the organisation that is getting the pie. But according to Paul McGuinness again, bands should gate their releases like the good old days.

Sales

Seriously,they are irrelevant. All they do is give the old guard a way to measure something that is irrelevant because the new way to measure an artists reach is just too hard to fathom for them.

Are people listening to the album? That is the question. Instead of focusing on Soundscan numbers, what is happening on the live front?

Press Releases for new albums

People can see through the hype and bullshit. In other words, we don’t care about what the bands say about “how great this new album is” or “how it is a definitive statement of the band right now”. All we care about is if we like it. If it is great we will push it. If it is crap, expect it to disappear.

Because if publicity does increase sales, then bands should be selling by the millions and selling out their shows. But they don’t.

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

A Note To APRA AMCOS and Andrew Harris – It’s A Brave New World. Deal With It.

We live in a far better world when it comes to the consumption of entertainment products. As much as the RIAA, the Performing Rights Organisations and the labels still use the smokescreen piracy argument, we are as a matter of fact living in a post piracy world.

The user decides what he or she likes. The user decides how they will tell their friends about what the like. In most cases, it is via social media. And the recording industry is scared of this. It is scared because a social media account has more reach than their marketing efforts. They are scared because the audience is connected to one another and that they are out of the loop.

So when I read an opinion piece from an APRA representative that is all fluff and without any fact, it upsets me. It upsets me because it is misleading. It upsets me because as an APRA AMCOS member, that this line of thinking is the best that they could come up with. Seriously Andrew Harris needs to get his head out of the lies and really take a look at the world. You would expect that a person with a title of Principal Analyst at APRA AMCOS would actually do some analysis.

His whole piece is misleading. From the start to the end.

What streaming services like Spotify have shown is that people that did pirate and paid nothing for the content are now actually contributing to the recording business through the free-ad supported Spotify. It is putting money there where previously it didn’t exist.

There will always be people that will upload and download pirated content in the same way that people bootlegged copyright recordings in the pre-Internet days. Hell, the whole rock and roll movement that swept over the Communist Eastern Bloc in the Sixties’ was from bootlegged recordings.

Furthermore, Napster showed the recording business what music customers want. And 15 years later there still isn’t a legal version of what Napster created. If people want to download mp3’s for free, then allow them to do so legally. If the ads on the pirate sites generated so much money, then why doesn’t the recording industry cater to suit. Instead you get the recording industry with their larger acts locking up their content to capitalise on first week sales because that is still their mentality.

Seriously, since when did copyright infringement become such a dangerous crime to warrant monitoring and surveillance of people’s on line behaviours because the recording industry along with the movie industry are insistent that the privacy of people and their digital footprint needs to be stored and monitored in the name of protecting profits.

The truth is that the recording industry has not delivered on all of the demands of customers.

There are still customers that want to download high quality mp3’s for free. Cater to that market with free advertising and you will see more money enter the record labels pockets.

There are still customers that want to download uncompressed FLAC audio files for free. Cater to that market with free advertising and you will see more money enter the pockets of the record labels. I don’t know how much the artist will end up getting but one thing that is certain, is that the record labels are all cashed up.

And it is possible to compete with free. Free to air TV networks have competed for over 70 years.

Does that mean that sales of a physical product are gone? My answer is NO because fans of bands will always want that special unique deluxe package. The part that some labels like Rat Pak or artists like Coheed and Cambria get and other labels or artists don’t get is that the deluxe package in 2014 is more than a CD with a DVD. Those days are long gone.

In relation to APRA all you need to do is cast your mind back to 2008 when APRA supported an aggressive new copyright law in New Zealand including punishment of persons accused but not proven to be infringing copyright. This position was opposed by artists and APRA members but hey they still thought it was a good idea.

The thing with Andrew Harris and APRA AMCOS is that they get paid when they collect monies on behalf of the songwriters. And the thing is, even though streaming pays the rights holders which in most cases are the Record Labels, where does APRA AMCOS fit in all of this.

The AMCOS arm collects and distributes mechanical royalties for the reproduction of musical works in CD’s, music videos, DVD’s and digital downloads to name a few. So if people are streaming music, what does AMCOS collect? This is from APRA’s sustainability report published in October 2013.

Nowadays, new media accounts for almost 50% of AMCOS revenue, with licensing revenue from digital downloads totalling $26.7m in 2012/13. Revenue from subscription and ad-funded services more than doubled during the year, however, to $1.2m, and most of the world’s major players in that space – including Spotify, Google, Rdio and Deezer –now operate in Australia and NZ.

By comparison, traditional mechanical royalties from the sale of physical product accounted for only $10.5m of AMCOS revenue during 2012/13 – a decline of some $4m over the year – and a figure that is expected to decline further in the immediate future.

And that is the crux of the argument from APRA AMCOS which has been the same argument from the record labels for a long time. Still focused on what they get paid right now without any thought as to what a future with a hundred million paying streaming subscribers could bring to its business. Still focused on CD sales right now instead of a future with a billion subscribers who download mp3’s for free on ad supported legal websites.

It’s a brave new world out there and it is a shame that organisations that make their money from artists/songwriters are not doing their best to push innovation and in turn make more money for their members.

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

Eye Empire

“I know that all of you are wondering, what happened to Submersed? Well, the answers is… A lot.. This business and struggle to make it took its toll on the members… Two weeks before “Price of Fame” was slated for release, Tj, Kelan and Justin decided to move on with their lives and left SubmerseD. Garrett and I believing in “Price of Fame” made the choice to press on and see what could happen. Well, nothing happened… the single never had a chance… mind bottling… The fact is, is that a majority of our fan base is unaccounted for due to Burning, making it impossible for the labels to understand just how many people really support us out there… When it comes down to it now, SubmerseD no longer has a place on Windup’s roster and will be dropped shortly… I was trying to wait until things were a little more official before an announcement but you guys and gals are smart and I felt you deserved an explanation now rather than later”

The above is what Donald Carpenter, the singer of SubmerseD put up in 2008 on their MySpace page. Some people call it a whiny rant, however the truth of the post is hidden in the words “making it impossible for the labels to understand just how many people really support” the band. Yep, while Wind Up Records focused on the old business model of CD sales or mp3 sales as a band’s popularity, they ended up failing their artists. Piracy is a black hole that the record labels like to put in their financial reports back to artists that if something doesn’t sell it must be piracy’s fault.

Go on YouTube. The song “Never Again” has had 351,372 views. An acoustic version of the band performing “Hollow” has been viewed 178,498 times. People were listening to the band. Maybe not in the way they hoped or wanted, but they were listening.

For those people who don’t know about SubmerseD. They band was signed to Wind Up Records. Mark Tremonti from Creed/Alter Bridge worked with them. Guitarist Eric Friedman was a key ingredient in the chemistry that made “In Due Time” such a good album however by the time their second album “Immortal Verses” came out, Friedman was gone and the band was dropped by Wind-Up Records after its failure.

So in 2009, Eye Empire is formed. It was a pseudo supergroup of members who had label deals with other bands. The foundations come from Dark New Day members Corey Lowery and B.C. Kochmit. Vocals came from Donald Carpenter. Drums came from a range of other musicians.

So they go the Independent route, self-releasing their music through their website in limited edition 1000 runs. That way they compile an email list of people interested in purchasing their music. YouTube became a promotional outlet. That is how I came across Eye Empire. Their clip of “I Pray” has had 147,120 views. The song “More Than Fate” has had 81,729 views on the Eye Empire VEVO account, 46,447 on the Eye Empire You Tube account, 41,694 on a user/fan account and 72,508 on the Submersed YouTube account. In total, that is 242,378 views.

The band was making inroads and I always say that success comes to the ones who outlast the competition. In this case, the version of Eye Empire that people started to adopt as the definitive band is no more. From when the release of Eye Empire’s second album “Evolve” came out in October 2013 to April 2014, Donald Carpenter, the very reason why I got into the band was out. Lowery, Kochmit and Bennett said in a statement that Carpenter was trying to reassemble a former band which to me means SubmerseD. Carpenter replied with a philosophical “Starting over is always hard but it’s not the first time and I am certain that it won’t be the last.”

The hardest part of change is actually making the decision to change. Once that decision is made then the rest is easy. In relation to Eye Empire, I can relate to the driven aspect of some members not being in sync with another band member.

In the early nineties, I was in a hard rock band that was out-of-place in the Industrial Alternative Nu-Metal wasteland between the years of 1996 and 1999. It was a three-piece band. The drummer wanted to be big as Pearl Jam but didn’t have the work ethic. The bass player/singer was happy playing the club circuit week in/week out as it was a stable income.

Each three-hour gig got us $150 each. We used to play three gigs a week. So $450 in the pocket each week was a good little additional income for me on top of my normal full-time job. However, the bass player/singer and the drummer didn’t have any jobs. So their cash income came on top of the unemployment benefits they received. So our lifestyles were very different. While I had a mortgage, they lived at home with their parents. So the work ethic between us was very different because of the different responsibilities we had.

I practiced my guitar playing each day. The drummer didn’t even practice. The only time he played the drums was at band practice and then live. The bass player always started the jam sessions/live performances sober and by the end was getting pretty tipsy. So again, the drive between us as musicians was different.

I was married and looking to start a family. The drummer was single, in and out of relationships. The singer was separated and had two kids to two different woman. So our personal lives brought different responsibilities to the table.

The song writing was like this. If I wrote a song, I would bring it in complete, with music and lyrics. If the bass player/singer wrote a song, he would bring it in complete. And we jammed them without any questions. So you can see where the arguments would come from later on.

And you get this in bands.

The different work ethics, the different drive of the individuals and the different expectations that they place on each other and the band.

And I am thinking that Carpenter’s definition of success and fame is over exaggerated or over inflated.

Shinedown is one of the biggest rock bands right now and they play two to five thousand seat arenas. Is that a bad thing. Of course not. Maybe if Donald Carpenter was the lead singer it would be a bad thing.

So what about the songs on “Evolve”?

“Beyond The Stars” and “Live Loud” are real good songs. The stand outs by far. “Within” is a good merge of their Sevendust influence along with Muse. “The War Isn’t Over Yet” is an aggressive piece of music. “The Man I Am” is very reminiscent to what Donald Carpenter did with SubmerseD and to be honest it brings back a memory of Deep Purple “Soldier Of Fortune” for some reason. “Don’t Look Back” is reminiscent of “Animosity” era Sevendust. Another quality track.

The other half of the album borders too much on Sevendust. Which is a shame as the potential is there, however it will remain unfulfilled.

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

Judas Priest – Screaming For Vengeance

It’s there Eighth album. Think about that for a second. How many bands out there had their biggest album on their 8th release. Just to put it into context. Metallica’s 8th album was “St Anger”. Motley Crue’s 8th album was “New Tattoo”. Aerosmith’s 8th album was “Done With Mirrors”. Black Sabbath’s 8th album was “Never Say Die”. Ozzy’s 8th album was “Down To Earth”.

There is a reason why this album is a classic album. The good old right place and right time applies, however there is more to it.

It molds the AC/DC style of rock, with the NWOBHM style of metal that Judas Priest was involved in, with the Euro Metal sounds of Accept and Scorpions, with the sounds of the new Hard Rock scene coming out from the U.S. It has so many styles and genres merged into one concise package. And the audience lapped it up.

It satisfied the audience that they built up with “British Steel” in 1980 and the “Livin After Midnight” fans.

“Screaming For Vengeance” also brought in a whole new audience with the lean and simple, “You Got Another Thing Comin”.

And when a band is faced with a deadline two things happen. They choke or they deliver. In this case, Judas Priest delivered. They found themselves needing one more track. And that last track was “You Got Another Thing Comin”.

And you know, the band felt that the more complex pieces should be sequenced earlier on and as it turned out, that buried eighth track called “Another Thing Comin” was the one. Radio picked up the track and started to play it without the label even thinking of releasing it as a single. It was the final years of when the actual DJ had the power to break a band with the playlists they created.

Tom Allom was in the producers chair again.

Again it is the one/two punch of “The Hellion/Electric Eye” that kicks it off. With the lyrical themes of “someone spying on us” and the melodic pedal point riff, you can easily place this song as a parent to the thrash movement.

The whole Orwellian “1984” theme of spy satellites and the invasion of privacy is so real today, with the NSA and other democratic Government agencies around the world spying on their own citizens. In 30 plus years, the world is exactly the “Electric Eye” and our civil liberties are being eroded a little bit at a time.

You think you’ve private lives
Think nothing of the kind
There is no true escape
I’m watching all the time

Yep, it sure sounds like 2014.

Even in “You’ve Got Another Thing Comin” there is a theme in there that was used to great extent by Dee Snider in “We’re Not Gonna Take It”.

“My life, I’m gonna live it up”

The teenagers of the Eighties were born to parents who were born during World War II or just after. Our upbringing was different. Live, work and die was the unwritten mantra.

So when we heard songs like “You Got Another Thing Comin”, “Cum on Feel The Noize”, “We’re Not Gonna Take It”, “Shout At The Devil” and “Don’t Stop Believin” we connected with them immediately.

“(Take These) Chains” was written by Bob Halligan Jnr. If that name sounds familiar, it should. He co-write “Rise To It” with Paul Stanley from the Kiss album, “Hot In The Shade”. He also co-write “Don’t Close Your Eyes” with the Kix guys for the “Blow My Fuse” album.

“Screaming For Vengeance”

Tie a blindfold all around your head
Spin you round in the torture before the dread
And then you’re pushed and shoved into every corner
Then they lead you out into the final slaughter

This is what the Copyright industries and the powerful record labels have done. In order to protect their business models, they lobbied hard to get Copyright terms extended. They lobbied hard and went to the courts to challenge or kill innovation that challenged their profits. All done with a blindfold over the public.

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

Bonfire – Fireworks

When I heard the “Fireworks” album from Bonfire I got the impression that they were superstars already. The album to me is a definitive piece of hard rock, melodic rock, heavy metal and euro metal all merged into one cohesive package.

I had a friend who had a friend who had a friend that made me a copy of the album on cassette. I had no idea who was in the band, who wrote the songs, who produced it and on what label it was on.

What I did know was the music. And the music was great. It brought Bonfire from the minors into the majors for me. And as much as the press labeled them overnight sensations, overnight sensations they were not.

Claus Lessman and Hans Ziller started to work together in a band called Cacumen in 1978. “Fireworks” came out in 1987. Yep, this overnight sensation was nine years in the making. And to top it off, “Fireworks” was Bonfire’s second album, and if you add the releases from Cacumen, this overnight sensation was a five album veteran.

And here is one for those copyright maximalist. In the late nineties, Lessman and Ziller had a six-year legal battle to get back the album copyrights of their pre-Bonfire band Cacumen. The court case finished up in 2004, with a win to them.

Yep, the companies that originally released the Cacumen albums ceased to exist. They did nothing with the music while they existed. However the people who still worked at those companies held the copyrights for those releases instead of the songwriters in the band. And when the band wanted them back, they fought tooth and nail to keep them.

I can hear people asking what is the sense for holding the copyright of albums and not releasing them?

The answer is plain and simple. GREED. The record label owners were waiting for someone to come and give them enormous loads of money for the Cacumen albums they still controlled. Thank god the courts saw in Bonfire’s favour.

The band for the release consisted of Claus Lessmann on vocals, Hans Ziller and Horst Maier-Thorn on guitar and Jörg Deisinger on bass.

Who you say?

That was exactly the same thing that I said when I found out the band member names.

“Ready 4 Reaction” and “Never Mind” are a great one/two punch to kick off the album. This is what the Eighties album delivered once upon a time. That knockout one/two punch. The great albums delivered even more knockout punches on subsequent tracks and to be honest Bonfire delivered a great album.

Both songs are composed by the band members and you get that Euro Metal Scorpions/MSG vibe immediately.

The lead break and the harmonies in “Ready 4 Reaction” provided an instant connection to me. How good is Hans Ziller. The Eighties was the era of the guitar hero. While other guitarists took the limelight and the instructional tape offers, Hans Ziller let the music do the talking.

Michael Wagener’s production is also crisp and clear.

If you are a fan of music that like genre’s “Ready 4 Reaction” well here is a new one for you, melodic speed metal.

Then the tempo goes into rock territory for “Never Mind” with the pinch harmonics riff that gives Zakk Wylde a challenge for who can do better pinch harmonics. And that lead break is another powerful piece of composition.

“Sleeping All Alone” and “Sweet Obsession” are both written by a songwriting committee like the current songs that make up the top 40 pop charts. Jack Ponti and Joe Lynn Turner this time are included as songwriters along with the four band members.

“Champion”

Some people hate him
but a winner never quits
when he’s rollin’ he’s a one man blitz – look out

Aint that the truth. Everyone hates a winner, thinking that it should have been them instead. People always think that they had the better song, the better look, the better story and so on. But the reason why people win, is that they never stop.

In the end, Bonfire was one of the thousands of bands that signed contracts stacked against them and of course they got ripped off. If you have read any interview with Hans Ziller and Clauss Lessman, they say the same. A small consolation is that Bonfire was not the only band who were ripped off. But it took its toll and Hans Ziller left the band in 1989.

And one more mention as it is not on an official Bonfire album.

Sword and Stone

It’s written by Desmond Child, Paul Stanley and Bruce Kulick. By the late eighties, Desmond Child was rock royalty. Riding high on the charts with hit songs from Bon Jovi, Aerosmith and Kiss.

“Sword and Stone” sounds like a lot of other songs that came before it and a lot of songs that came after sound like it, but, man, I tell ya, there is something about this song that just makes me play it on a regular basis.

You can hear the “Crazy Crazy Nights” and “Hot In The Shade” pop metal stylings in this song. It was originally a demo for the KISS album “Crazy Nights”. Paul Dean from Loverboy also used the song for his “Hardcore” album. But the Bonfire version is the one that I like.

It appeared on the “Shocker” soundtrack which to be honest is a pretty wicked soundtrack and having “Timeless Love” from Saraya coming after “Sword and Stone” it was another one/two punch.

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

The Barrier Of Entry

It always pained me to talk about business models with the bands I was in, especially when the business started to change dramatically from the early two thousands.

The other members just believed that someone will find us, sign us up with millions and off we go recording and touring the world. They still had this view in 2010, when after another argument over business decisions, the band splintered apart.

So after I left, they signed a record deal with a small European label for the album that we just finished recording, and they had to pay $1500 Euro for that deal. WTF. After all of those arguments they still didn’t listen to me and they signed away my copyright to the songs that I had written to that label. Guess they just wanted to say to people that they had signed a record deal.

I contacted a lawyer who charged me $300 just for the consultation, however since the band was only a minor league band, it wasn’t worth pursuing in the courts and attempts at any mediation to have me set the record straight and get back my copyrights ended with further arguments and fisticuffs.

The songs in question are songs that I wrote for previous bands I was in and had them registered with a performing rights association years before my most recent band was even formed in 2008. So imagine my surprise when the performing rights association contacted me in 2010 saying that my ex band members have put in claims as songwriters. Even the bass player that joined after the album was finalised put in a claim for a 25% share of the songwriting.

The ugly truth of being in a band.

Just in case aliens are visiting the Earth right now, the “old record label business model” was to identify an artist, put them in the studio, release their recording on a format that a customer could take home and hope that it connects with an audience. That is what my ex-band mates wanted to happen to them in 2010.

This was the principle revenue stream for a very long time for the record labels. It was the sole purpose of their existence. Now that physical product is a loss leader. It has been reduced to an advertising tool to help the artist build a fan base and sell the live show.

Withholding an album from Spotify in the way that Coldplay or The Black Keys are doing is the wrong line of thinking in 2014. It’s back to the old paradigm of “windowing” and maximizing sales through physical retail or download stores first and then moving over to the streaming service when those sales die down. Windowing is still employed by the TV and Movie industry with zero degrees of success and a high rate of piracy.

However, Coldplay did release the singles to Spotify, so it’s no surprise that “Magic” has been streamed more than 55 million times on Spotify. To me, it seems that the recording industry is trying to re-create that “BARRIER OF ENTRY” around how they distribute new music today.

You see the music business once upon a time had a thing called “THE BARRIER OF ENTRY”. This barrier of entry was around which acts got picked up and which acts didn’t. This barrier of entry was also around which music was released and which music wasn’t.

Now the record labels could argue that this “barrier of entry” was the reason why the music coming out of their stables was of high quality. You know the model I am talking about, the one where the artist got lucky because they had some look that the label could exploit and by default they ended up getting a record label deal and the only way to hear all of their output was to buy an overpriced CD. And now those labels are not raking in the cash they used to get and they are blaming piracy.

Let’s look at three superstar acts today and how the show artists today, that the barrier of entry didn’t exist for them, because if you want it, you will do anything.

Metallica

“Kill Em All” was independently financed through independent record label Megaforce Records. Megaforce Records was founded in 1982 by Jon and Marsha Zazula solely to publish the first works of Metallica. The Zazula’s even had the Metallica guys living in their house because they believed in the music and the attitude.

Even Metallica’s “Ride the Lightning” album was recorded and originally released in 1984 through Megaforce Records. A few months later, Metallica signed with Elektra Records who re-released the album.

Motley Crue

The first album “Too Fast For Love” was independently financed via their own Leathur Records imprint in 1981. Leathur Records was a small imprint owned by the band and their original manager Allan Coffman. It was actually Coffman that coughed up the funds for it all.

Elektra Records signed the band the following year.

Five Finger Death Punch

“The Way Of The Fist” was recorded, produced and financed by the band members themselves. Once the album was done, they ended up getting a small independent deal to release the album. In its first week of release it did nothing, but four years later, it was certified GOLD for sales in the U.S.

Only after those bands had proven themselves as viable options did the major Record Labels commit to them. Because they saw dollars and profits. Nothing else.

What all of the bands above had was a product that was ingrained with a cultural movement.

Today, we have musicians promoting themselves on Facebook, Twitter or other social media outlets and in reality they still do not have an actual PRODUCT that connects. Getting 10,000 likes doesn’t mean 10,000 fans if no one is talking about your product or sharing what your product with others.

Don’t blame piracy, blame the lack of product because there is so much product out there today, we normally don’t go back to something we checked out once and didn’t like.

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

Some Truths

Music is cultural. It was always possible to identify people’s musical tastes by the clothes they wore and the style of their hair. Our musical identity was a source of pride.

The definition of a casual music fan twenty to thirty years ago meant having a high music IQ and typically purchasing a seven inch single on a weekly basis. The definition of a casual music fan today means having a lower music IQ about who was involved in the song’s creation and focusing all on the song.

Nobody owes a musician a living.

What is valuable is subjective.

From the beginning of time, musicians always made money from public performances.

Copyright at its basic level ensures that people receive compensation for a valuable good that they spend time and energy to create. This creates an incentive to put more time and energy into producing new work. Longer Copyright terms do not benefit the original creator in any way whatsoever.

People start to create for the sake of creation rather than money.

Whether people want to admit it or not, every song that is written relies on some sort of connection to past works.

Piracy has never been the problem. The RIAA just found it convenient to blame Piracy. It was all a smokescreen to fool the politicians into action so that they can get control back over the distribution/gatekeeper monopoly they had.

Recording revenues never recovered because it turns out that most people just want the best songs and not all of the songs.

There is a big difference between getting paid a “living wage” and earning one. Just because a musician creates a song or records an album, it doesn’t mean that you need to get paid a living wage. You need an audience that believes that you have provided a service to them by releasing your music.

Music is a form of entertainment. It is not an essential service and today we take in entertainment in mega-doses.

Music is something people choose to do free and money is a by product of doing music.

A wage is something your employer pays you for doing your part in bringing him profit.

If you want a wage for playing music and you are not a superstar act, then you need to put in your 40 hours a week. Be a music teacher, gig every day.

Being paid is good, but being known is better.

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

A Storm Of Record Label Investment. What About The Artists?

Yep the labels are at it again. Using money that should be paid to their artists to buy shares in another technology company.

Yep the labels are using the power that they have amassed by locking away copyrights for what seems like a lifetime to purchase shares in technology companies.

This time around Warner Music Group, Universal Music Group and Sony Music Entertainment have each bought $3 million in shares in Shazam Entertainment on top of the stake they own in Spotify.

The record labels still scream that there is no money in the recording business because of piracy.

Yet, Universal Music has also purchased shares in Beats Music and when the Apple billion dollar purchase is complete, it will be even richer.

Yet, the labels spend artist money to go to court via the RIAA against pirate sites.

Yet, the labels spend artist money to hire a company to send down digital take downs.

Yet, the labels spend artist money to lobby hard, in other words pay, for politicians to write stronger copyright terms and enforcement.

Yet, a recent IFPI report shows that the labels invested $4.5 billion in artist and repertoire.

The question is, if there is no money in the recording business,then why would the record labels spend so much money on artist and repertoire.

Because artists are the lifeblood of the music industry. And it is artists that make the record labels money.

The record labels have purchasing power because of the artists.

The record labels have status because of the artists.

The artists have made the record label executives more wealthy than the best-selling artists.

So if the record labels own shares in Spotify and Shazam, does that mean by default, the artists also own those shares.

Of course the answer is no, but it should be yes.

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

Niches and the Issue with too much music

Niches. There are lots of them. An audience that sees their scene as a sense of belonging and a badge of honor. In some cases, that sense of belonging is more important than the quality of the music.

You know what I’m talking about. People that keep on telling you how they listen to something non stop and then when I spin it, I go WTF was that.

In the old days, we would have to buy it and be default we would need to play it. But in the old days there was so much less music. In the old days the entry bar was higher and as a byproduct the quality was much greater.

But in the Internet era everybody can record and everybody can distribute. So we get diluted quality of music.

And in the end, it is a small group of label backed artists that succeed. And that is because all the other acts are just not good enough in their current formation or at this point in time.

Sure, bands that are self managed can have a career in music. Digital Summer and now Protest The Hero are two that come to mind, however if you want to have success like Five Finger Death Punch, Shinedown, Volbeat and In This Moment, you will need good songs and a label behind you.

But if you really want to have success, you need to have realistic aims about what you want to achieve.

If you really want to have success, you need to know as much information on music publishing. Because the longer you control your own publishing, the more power you will hold in negotiations if you have a hit song.

If you really want to have success, don’t hand over your copyright unless you are aware of the consequences of doing so.

If you really want to have success, don’t try to follow trends.

If you really want to have success, be brutally honest with yourself has why you do what you do.

Because there is so much music available we gravitate to what is great. And that could happen the instant you put out a new song or it could happen years after.

Which means there will be fewer acts break through on a big basis.

Which means there will be fewer acts that will reach critical mass. And for the ones that miss the old days guess what, they are never coming back.

A career in the music business was always about that one song.

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