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

We Are All Copyists

The way we improve as humans is by finding a better way of doing things. It is very rare that we improve as humans by doing something from scratch. So in other words we copy what we see and we improve upon it. We do that from the day we are born.

The whole English rock movement in the sixties was born from copying the blues and folk movements and improving on them.

Keith Richards even went on to say that you can’t copyright the blues as all of the blues standards were copied over and over again so that thousands of derivative works existed.

Deep Purple built a career on taking certain sections from jazz standards that Jon Lord knew and turning them into rock songs.

Led Zeppelin built a career on taking certain sections from other obscure songs and turning them into definitive masterpieces.

Black Sabbath had their roots in blues, classical and jazz. They borrowed from those genres. Listen to Bill Ward’s drumming on the early records. It’s almost got a swing, jazz feel to it.

Metallica initially built a career on taking certain sections from obscure New Wave Of British Metal acts and turning them into thrash metal masterpieces. For the self-titled BLACK album, the lead off track “Enter Sandman” has an intro that is copied and improved on from a local Californian band.

It is human nature that we are always looking at ways to improve. And copying something that came before, and then adding incremental improvements to it is how we do it. I see it in my children. In how they take things in, how they learn and how they copy things and add their own unique touch to it.

In the music that we listen to there are always elements of copying. And that, really, is what happens all the time.

Copying is there and it has made a lot of people upset over the last 40 years. I always love it when a musician says “the songs are like my children”. I have children and there is no chance I can use that analogy.

One thing I do know is that copying is a key ingredient in the process of creating new works and it is a shame that the corporations that owe the majority of the copyrights are destroying this culture so that they can protect their bottom lines.

Price, Piracy And “The Stealing vs Copyright Infringement” Argument Again

Australia (where I reside) is always mentioned as a leading country that specialises in copyright infringement.

So it comes as no surprise that the latest Attorney General, George Brandis flush with lobbying dollars from Village Roadshow (Village was part of a failed court case two years ago against iiNet, in which the High Court ruled that iiNet as an ISP had not authorised copyright infringements) is pledging to do something about these “pirates”.

You see, Brandis and Village Roadshow are two such entities that have grown up with the notion that because they have made a profit out of the public for a number of years, that it is the duty of the government and the courts to guarantee that such profit remains the same in the future even in the face of changing circumstances and contrary to public interest.

If Australia does have a massive problem with piracy, one way to solve it would be to provide a legal alternative that is like “The Pirate Bay”. The evidence is right there in front of the content industries. People like to download content. So why don’t they run ads and allow people to download content for free.

Instead Village Roadshow chief Graham Burke just keeps on lashing out against Google for not doing enough to curb piracy. He lashes out at Google for not doing enough to protect his profits. He keeps on emailing the Attorney General for a graduated response scheme funded by the ISP’s even though evidence from all over the world clearly show that these schemes do not work.

On the point of prices, there is a war going on in Australia right now in relation to the prices that Australian audiences need to pay for movies, software, mp3’s, ebooks and devices. Our consumer watchdog even took the drastic step to tell Australian consumers to use a VPN so that they could alter their IP address.

The main talking point doing the rounds the last few weeks is the price of a movie ticket. In Australia, the main cinemas charge $16 to $20 a ticket while Independent cinemas are charging between the $8 to $12 price range.

Graham Burke (yep that same person mentioned above from Village Roadshow) is on fire. Check out some of his quotes;

“In Australia we pay approximately $23 an hour for our people; in America, where we operate cinemas, it’s $8 an hour.”

Umm, the last time I was at the cinema I was served by 16-year-old workers, who are earning nowhere near the $23 an hour figure. More like $15 an hour.

“It’s like going into a bookshop through the back door, and taking all the books out. It’s something that needs to be addressed and is being addressed in democracies throughout the world.”

No, copyright infringement is nowhere near the same as taking all the books out of a book store. Once the book is taken out of the book store, it is gone forever and no one can use it again. When music is infringed, the copy is still there for others to download and share. No one has taken anything away. All they have done is made a copy.

To put Burke’s argument misleading quote in context, Copyright Infringement is going into a bookstore, copying the book you want and then walking out, leaving the original book still there for others to use, share and copy.

The problem with recorded music is the supply vs demand argument.

Let’s use 30 Seconds To Mars as an example.

Their music is available for downloading, both legally and illegally. Their music is available on YouTube, on official channels and unofficial channels. Their music is available on streaming sites like Pandora, Spotify, Beats, iTunes Radio, Rdio and many others. Their music is available on vinyl and CD.

There is a large supply chain there and the demand is not centered in the one place anymore.

Streaming is the future because consumers want music to be free. This is the cold reality and artists need to accept that.

The Real Copyright Abusers Are The Major Record Labels

The major Record Labels own the majority of copyrights and don’t they love to overvalue their content. As soon as a product is seen making money or drawing an audience from music, the big copyright owners swoop in. And when they do swoop in a few things begin to happen;

The Product will get threatened. Think of Napster, Limewire, AudioGalaxy and MegaUpload. All gone. Pandora is constantly battling against rates of payments as they struggle to make a profit. Spotify, in order to trade in the U.S had to give the major labels a share of the company. It was either that or the labels would not license them. Google is always blamed for linking to pirated content.

The Product will get litigated into non-existenance. Mp3.com, hotfile, isohunt are three that come to mind.

The Product will move on to different areas of innovation.

The Product will get saturated with content from the copyright industries that a lot of the people who flocked to the product in the first place will just move on to another product.

Like MySpace.

MySpace was once a haven for finding out independent/underground music. The whole culture and market reach of MySpace was built around this premise. Of course MySpace got so popular that it was inevitable that the major legacy players would take notice. Eventually, MySpace was littered with content from the major players. Ads of major label artists popped up everywhere and all of the independent content that made MySpace popular got pushed further into the background, making it harder to find.

Eventually those people who made MySpace popular started to abandon the site in droves, moving onto other social media sites, like Facebook and YouTube.

Anyone heard this quote from Robert A. Heinlein.

“There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.”

Does it all sound eerily familiar? Does it sound like the attitude of the content industries for the last 40 years?

The MPAA and RIAA have never stopped lobbying the Government to pass laws that will protect their business models. Even Irving Azoff still blames technology for diminishing the music business profits instead of blaming the real devil, which is the GREED of the POWER PLAYERS. Someone like Azoff had a career on the backs of music that artists created.

The blame should be at the way the Record Labels/RIAA treated their artists and the fans of the artist.

The blame should be in the way the Labels creatively structured deals to ensure that most musicians never get paid a real dime.

Yes, back when the Record Labels controlled everything, artists are given advances, however the real term used should have been “loans on terrible repayment rates” in which the labels would add-on every expense that needs to be “paid back”.

Very few musicians ever “recouped” even after the labels made back many times what they actually gave the artists.

RATT sold 7.5 million albums in the U.S alone which meant total gross sales of $75 million. Even if the label gave them $1 million dollar advances for each album, that is $5 million the label would have spent on the band and in the process the Label made $70 million. I bet if the financials are made available, it would show Ratt as a band that still hasn’t recouped.

There is a post over at Techdirt that covers this in a bit more depth. The following comments are from Tim Quirk and how record label accounting relates to his band, Too Much Joy (TMJ):

A word here about that unrecouped balance, for those uninitiated in the complex mechanics of major label accounting. While our royalty statement shows Too Much Joy in the red with Warner Bros. (now by only $395,214.71 after that $62.47 digital windfall), this doesn’t mean Warner “lost” nearly $400,000 on the band. That’s how much they spent on us, and we don’t see any royalty checks until it’s paid back, but it doesn’t get paid back out of the full price of every album sold. It gets paid back out of the band’s share of every album sold, which is roughly 10% of the retail price. So, using round numbers to make the math as easy as possible to understand, let’s say Warner Bros. spent something like $450,000 total on TMJ. If Warner sold 15,000 copies of each of the three TMJ records they released at a wholesale price of $10 each, they would have earned back the $450,000. But if those records were retailing for $15, TMJ would have only paid back $67,500, and our statement would show an unrecouped balance of $382,500.

So going back to my Ratt example, it is a well-known fact that artist in the Eighties signed contracts that gave them a 5% cut of the album sold. Do the math? I am pretty sure it will come out that Ratt didn’t recoup.

As the Techdirt post pointed out;

“In other words, musicians don’t get paid anything in most cases, while the labels can earn a tidy profit for years and years, still insisting the band hasn’t recouped. It’s why a band can sell a million albums and still owe $500,000.”

The whole doctrine of “getting the government and the courts to guarantee profits in the future” is the reason why copyright trolls like Rightscorp have come into existence. It has also given rise to law enforcement working for the content industries as a pseudo “Copyright Police”, which in reality was always a civil matter, never a criminal matter.

In the end, the real copyright infringers and abusers are the actual Record Labels.

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

Money In Music, Greed, Elitism And A Lifestyle Of Not Taking Things Too Seriously

One thing about the world of heavy metal and hard rock was that we never took ourselves too seriously. It was always a camaraderie, a culture to have “Nothin But A Good Time”. A culture to “Seek and Destroy” and just have some fun “Smokin In The Boys Room”.

So when Zakk Wylde was playing “In This River” at the Revolver Golden Gods Awards for the fallen rockers and a picture of Jani Lane from Warrant came up, and it stated, Jani Lane, Motorhead, 1964-2011, it was just one of those things we had to laugh about. Of course, a lot people these days take stuff a little bit too seriously and the elite Motorhead fans were outraged that a wussy singer like Jani Lane was associated with their band.

Or what about when the Salem Community Easter Drama titled “Lamb Of God” actually used the Lamb of God logo on their tickets. It made everyone have a laugh. Because this is what metal and rock is all about. A lifestyle of not taking everything too seriously.

Then you have the other side of the metal and rock community, which is the elitism view.

First let’s go back to the beginning. It was all just rock, blues and folk.

Then it started to branch out into hard rock, blues rock, folk, R&B, Surf Rock, Brit Rock.

Then metal/heavy metal came into the picture, along with Southern Rock, Americana Rock, heavy rock, progressive rock and so forth.

Then came Funk, disco and punk rock.

Then came the New Wave Of British Metal and everything was just metal again for a few years. Regardless of how different the style of metal was, the audience always crossed over between genres. Fans of NWOBHM, also supported the LA metal and hard rock scene. Fans of that LA scene also supported pop rock and Americana acts like Kiss, Ted Nugent, Styx, Bruce Springsteen, Journey, Survivor, Reo Speedwagon and others.

It didn’t last for long as the genre that defined a cultural movement splintered into Hard Rock, Glam Rock, Glam Metal, Pop Metal, Power Metal, Thrash Metal, Death Metal, Extreme Metal, Progressive Metal, Black Metal, Metalcore, Groove Metal, Industrial Metal, Nu Metal, EMO, Punk Metal, Gothic Rock, Doom Metal, Djent, Technical Metal. Folk Metal and the list just goes on and on and on.

Within each genre, there is a subset of elitism within it. The type of elitism that sees the hard rock style as not just not hard enough for the heavy metal community. The type of elitism that sees Metalcore and melodic death metal as not evil enough for the “real” death metallers out there. Or the type of elitism that sees progressive metal as just not brutal enough compared to death metal or black metal.

Sort of like an episode I saw on the cartoon show “Metalocalypse” where the new song that the band Deathklok was writing just wasn’t brutal enough according to their singer.

The elitism goes both ways, where elitism in hard rock sees other metal bands as not melodic enough.

In some occasions it is simply down to taste. People enjoy the pop structure of the “verse – chorus” sing a long, every day, all year round.

The way I see it, people either praise someone else’s success, or they try to tear it down because they believe they should have been there and that someone stole their ride.

People attach themselves to this cancer within them that says “If this band made it, they suck” because they don’t want to admit that they wish it was them on that throne. They don’t want to admit that they are undeserving because they are not qualified or talented enough or good enough.

From the people that I know, and doing some crude math, eighty percent of wannabe musicians drop out when the going gets tough. The remaining twenty percenters keep at it, networking, planning, practicing, creating and moving on. Then from those twenty percenters, another eighty percent drop out due to starting or having families, which means that they have obligations and the need to have a stable income. So let’s say 100 start off. After the first cut, 20 will remain. After the second cut, only 4 will remain.

See no one tells you that when you reach a certain age, the power players in music don’t really want you. That is why the focus is on the young. It’s like McDonalds. Get em young and work em hard for less money.

Making it is hard work. It involves a lot of variables and the main one is luck. Very few make it and a lot of others have excuses for failing.

Sort of like the people who always scream to anyone who cares about how Spotify is killing the music business and pointing to pay out figures without giving the full picture as to how much the label took, how much the manager took, how much the publishers took, how much the lawyers took and how much went to the slush account for expenses.

Seen what Jared Leto said recently.

“We all know that, as content creators, artists and musicians, a great deal of our work is going to be streamed, but the issue is that artists are getting the short end of the stick. The streaming companies are paying record labels, but record labels are not paying artists.”

I have been saying this for a long time in other posts that the greed of the record labels is putting a stain on the streaming model.

“Record companies are taking giant advantages, they’re taking pieces of stock options or technology companies in exchange for guaranteeing rights to artists’ streams, there’s all kinds of deals being made, and artists aren’t a part of those deals.”

This is a biggie. Spotify needed to give over half of the company to the Major Record Labels so that they could operate in the U.S. What did the Major Record Labels use as their bargaining chip in these negotiations?

Yep, you guessed it, the right to access the music of artists past and present. And as Leto alluded too, artists are excluded from these conversations and negotiations.

Spotify is a great enabler of getting music out to the masses. It’s also set to overtake iTunes in Europe due to the closing of a digital tax law loophole in the UK – that put an end to all song downloads being priced at £0.99 ($1.79AUD). This in turn is means that iTunes is expected to lose consumers opting for subscription streaming services instead of paying for each track as a download.

In relation to the heavy metal and hard rock communities, they are not doing a really good job at promoting Spotify by still relying on album sales as a measure of success. Streaming is a tried and true business model. Hell, the whole free to air TV industry is the same model as the free streaming option. And the TV stations made a monza. In 2014, there is no fundamental reason why music needs a “sales” business model.

And while popular culture artists are raking in 100 million plus streams a song, metal and rock bands are still going the mp3/CD sale route. It is the wrong way. There should be no reason why a metal act should not have a song that has surpassed 100 million streams on Spotify by now. No reason whatsoever.

It’s the selling (instant money in the pocket right now) mentality versus the streaming (money in the pocket later) mentality and everyone wants to be paid right now. From the labels, managers, lawyers and producers, down to the individual band members. Everyone wants money to live on and get by.

But music is a risk game. Music was never an industry that guaranteed an income.

So why are bands pushing that argument.

Guitar World ran an article back in April 1997, about where are the Eighties Guitar Heroes now. Now meant 1997 for the article. One of the questions they asked each guitarist was their FINANCIAL STATUS. This is what they had to say;

WARREN DeMARTINI (RATT) – “It’s not like I never have to work again, but I had the luxury of not doing anything right away and I really enjoyed the break.”

“Out Of The Cellar” sold over 3 million copies in the U.S. “Invasion Of Your Privacy” sold over 2 million copies in the U.S. “Dancing Undercover” sold 1 million copies in the U.S. “Reach For The Sky” sold over 1 million copies in the U.S. “Detonator” sold over 500,000 copies in the U.S.

In total Ratt sold over 7.5 million records in the U.S. Using the average retail price of $10, you can do the math on the gross sales of Ratt’s music.

And that break that DeMartini took was roughly 12 months. After that he was a touring guitarist for Whitesnake in 1994, releasing instrumental albums in 1995 and 1996 and new Ratt albums in 1997 and 1999.

In other words even though he was the main songwriter in a band that grossed $75 million in album sales in the U.S alone, he still had to work his arse off.

REB BEACH (WINGER) – “I’m certainly not set financially. I still have to work. I didn’t sign the best contract. Back then, it was ‘Sign this, or we’ll get another guitar player.”

ERIK TURNER (WARRANT) – “We made millions and we spent millions. Now we’re like everyone else: we work for a living.”

BLACKIE LAWLESS (WASP) – “Slow and steady wins the race. We’re a lot better off that a lot of bands that sold a lot more records at one point because we have a cult following. We have the most devoted fans in the world. I’ve never seen anything like it.”

STEVE BROWN (TRIXTER) – “We came out of the whole thing in decent shape. We all have to work, but we don’t have any day jobs and I have a nice house.”

TRACII GUNS (L.A. GUNS) – “I’m by no means set. But I’ve established myself where people buy my records and come out to see us live.”

There is a lot of money in the music business and the ones that create it are the least underpaid.

Record Store Day

For “Record Store Day” I paid $30AUS for the “Killers and Kings” single from Machine Head.

Online I can purchase the single for $15US from the Nuclear Blast store.

So I selected the three other covers that I didn’t have and added them to my cart. The total was now sitting at $45US. Then I registered my account and since I am in Australia I was charged $29US for postage and handling. The total of my purchase was now sitting at $74US. Once I paid it via PayPal, the final payment figure from me was $82.21 in Australian dollars.

That equates to about $27AUS for each single.

Now if the Independent Record Store was selling it for $30AUS, then that would mean that the actual independent record store would be making $3 per item.

Hell if that is the mark up for each limited edition item they were selling and let’s just say that one record store sold 200 items, that would mean that the pure profit for the record store would be $600 for that day.

So is the “Record Store Day” there to benefit/save the independent record store?

And to put a spanner in the math, the actual royalty paid back to the band is a percentage on the wholesale price. And the wholesale price is about 50% to 80% lower than the retail price.

Let’s use the Machine Head example.

If the wholesale price of each single would be between $3 to $7.50 and if the royalty rate is a generous 20%. That would mean for each single sold the band would get between 60c to $1.50 royalty cut, to split between 4 people, plus a manager and a legal team.

So what happens when there is an advance upfront payment.

The band takes the money upfront, forsaking (in a lot of cases) any claims on royalties and the risk resides with the label on recouping that advance payment with the single release, the album release and other types of releases.

Either way, Record Store Day is not there to save the record stores. It is there to replace the revenue lost by the record labels due to the declining CD sales. It has nothing to do with keeping the record store open or trying to save the mum and dad independent record store.

It is pure label greed.

Sort of like how the record labels are going after Pandora again. This time around they are suing the internet radio service for not paying to use sound recordings made prior to 1972. But hang on second neither does terrestrial radio.

So what we have is the following scenario;

– Record company lawyers are filing cases against Pandora in state courts. This will enrich them.
– It will do nothing to put money in the hands of the artists.
– What will happen is that Pandora will more or less stop playing these pre-1972 recordings instead of paying another license fee that federal law says you don’t have to pay.
– If the legal bills mount up for Pandora they will go out of business and the 60% royalty rates that Pandora paid will disappear from the record label and publishing companies bottom lines.
– It would do nothing to bring in more money.
– It still doesn’t solve the industry’s biggest problem which is to find a new business model that replaces the revenue lost from the decline of CD sales.

It is pure label greed. To use a phrase that they use in relation to piracy, “IT IS THEFT, PLAIN AND SIMPLE”.

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

The Old And The New – Times Are Changing

MY MUSIC COLLECTION vs THE KIDS MUSIC COLLECTION

This is my record and CD collection along with the issues from Guitar World from January 1986.

My kids have all of this on their iPod’s and iPad’s.

THE PURCHASE OF MUSIC from RETAIL STORES vs INSTANTANEOUS

I took the kids to the “Record Store Day” two days ago.

They loved the record store and it was their second record store that they had visited ever. They enjoyed searching through the piles of records but hated the following things;

– the line up/wait to pay for our purchases compared to clicking a few keys and having it all happen instantaneous.

– the chance that what I wanted to buy at the Record Store Day could not be there or it could have sold out compared to having the history of music available at your fingertips without any issues. For the record, it was the last copy of the “Killers and Kings” single and the second last copy of the “The Illumination Theory” picture LP.

– that once they found a record that had a cool cover from an unknown act, they couldn’t hear it BEFORE they decided to buy it compared to what they do on-line with YouTube and Spotify.

– the price of the special edition releases. As a hobbyist/collector I paid $30AUS for the Machine Head “Killers and Kings” single and $40AUS for the Dream Theater “Illumination Theory” picture LP. My kids thought I was insane, spending $70AUS on two products, especially when a years subscription to Spotify is just a touch more and for that you get millions upon millions of songs.

MY BOOK COLLECTION and DVD COLLECTION vs THE KIDS BOOK COLLECTION

In other words, Physical books vs The Kindle Touch.

If you are a business that is in the entertainment/arts arena that is still hoping on physical sales for profits, then your business model is challenged.

Research is constantly showing that in order to compete with piracy, sellers of music, movies and books need to have a “free music approach, targeted at young users and supported by advertisements along with a high-quality music offering to older customers, where they pay for downloads but with no visible advertising.”

The take away is this comment;

“Our research shows that consumers do prefer legal and ethical options if available but each age group has different ways of making this economically viable.”

I bet that comes to a shock to the traditional labels and marketing firms. The days of when music was only made available to people who had disposable incomes are over and have been for a long time.

Music consumption is now being driven by different age brackets. The 113 million streams of Katy Perry’s “Roar” is being driven more by the kids in the 4 to 14 age bracket than the 25 plus adults. It is the song of the young, their anthem, their “We’re Not Gonna Take It”.

It all reminds me of a song I once wrote called “Times Are Changing”.

I wrote it in 1993, just when Grunge finally made the hard rock movement a footnote in history for the next decade. And the song wasn’t about the death of hard rock, it was the about the power of a cultural movement enforcing a change that no one could stop. As the pre-chorus stated;

It’s a revolution in their eyes
Against society and its lies

Times are changing, re-arranging x2

Guess the times are constantly changing and they are changing even faster in the era of the internet. And when I compare the new to the old, the times have really changed.

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

The Piracy Debate… Goes On and On and On and On.. But The Hard Work For An Artist Never Goes Away

BitTorrent is a tool. How people decide to use the tool depends on them. Technology has a history of people/society shaping the technology. The BitTorrent protocol was designed to move large amounts of data. So of course, companies like Facebook and Twitter use BitTorrent to send updates to its employees. Then you have other people who use it to download torrents.

To use an analogy, knives are used in the kitchen to great effect. However people also use knives in illegal ways. Should we ban knives because they are also used illegally. According to Robert Steele, one of the bosses at the copyright troll Rightscorp outfit we should.

This is what Robert Steele said;

“BitTorrent’s architecture and features are designed for one reason only – to assist people in avoiding legitimate law enforcement efforts when they illegally consume other people’s intellectual property.”

As TorrentFreak points out, people who use BitTorrent are easy to track down, which is in fact something that Rightscorp is basing its entire business model on.

So why is it that so many people in the industry are so against Pirates.

Studies of Industry Professionals show that the “Sales and Distribution” sector are the ones saying that they’d been most affected by piracy because it is those middlemen who sit behind the scenes, have the largest vested interest in stopping piracy as they don¹t have many other reasons for doing what they do.

Artists just want to create. Money is a byproduct of those creations. All the rest of the enablers are trying to make money of the creation.

P2P research even shows that Piracy helps push the overall industry forward and that downloaders actually spend more on music than non downloaders.

There is a reason why bands are going to South America, even when the number of albums sold in the continent dont equate to the fans who attend shows. Look at all the DVD’s coming out from bands. Dream Theater, Rush, Iron Maiden and Megadeth are four bands that come to mind that have all released DVD’s of concerts in South America. Metallica have covered Mexico.

I was also going through some Billboard BoxScore figures from last week and based on recorded sales, the concert grosses don’t really equate. So in the same way that the RIAA correlates an illegal download to a lost sale, I will say that each fan that buys a ticket to a live show has also illegally downloaded at least ten full albums. (I am being conservative).

Who would have thought that a bill of “Bring Me The Horizon” and “Of Mice & Men” would gross about $70,000 per show. Play 20 of those shows and you have a $1.5 million tour.

Who would have thought that a bill of “The Used”, “Taking Back Sunday”,”Tonight Alive” and “Sleepwave” would also gross about $70,000 per show. See above, do 10 shows and you have a $700,000 gross tour.

Even the mighty “Manowar” still gross $60,000.

A bill of “Asking Alexandria”, “August Burns Red”, “We Came As Romans”, “Crown the Empire” and “Born of Osiris” grosses about $50,000 per show. The albums sales combined from all of the artists wouldn’t even pass 50,000 in the U.S.

“Falling In Reverse” and “Escape The Fate” gross about $30,000 per show.

While a bill that featured “In This Moment”, “Butcher Babies”, “Devour The Day” and “All Hail The Yeti” gross about $19,000 per show which was the same as a bill featuring “Animals As Leaders”, “After the Burial”, “Navene-K” and “Chon” gross about $19,000 per show. Not bad for a progressive djent band.

“Sevendust” are doing a run of shows and they are grossing at least $13,000 per shows Since the start of April 2014 to July 2014, they will play about 54 shows. Do the math on that one. It comes to about $700K in gross.

Indiegogo champions “Protest the Hero” played a small venue and grossed $4,000 per show. If they do a 50 date run like Sevendust, then do the math. It all adds up.

It’s hard work being an artist however if you are in the game because you love it, it makes it easier. If you are in the game to bitch and moan about piracy, then get out of it and join the bankers or the techies.

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

YouTube

Do you want an audience or a fan base?

An audience will go and check out a song after being instructed to do so. The fan base will choose what song to play or what album to play when they want to.

It’s always the techies that are getting it right for the music industry. They can see how to make dollars in between all of those ones and zeroes.

“An audience changes the channel when their show is over. A fan base shares, it comments, it curates, it creates.”

YouTube’s global head of entertainment Alex Carloss said the above.

So where do you stand as an artist.

Do you have an audience? People who are directed to check you out?

Or do you have a fan base, people who share, comment, create playlists and do everything else.

It is a global world and YouTube is a platform that can reach all corners of the world. The reason why it is so popular is that while the major labels procrastinated over how much they would get from the streaming services, YouTube entered via the backdoor and became the leader. And it wasn’t even licensed.

Recent research has shown that by not having your music on YouTube could lead to an increase in music sales. What this clearly shows to me is that there are more factors out there that have led to reduced sales of recorded music than piracy alone. It also shows the shift of people’s listening habits. But wait, Neil Young and the Ponos team still reckon we need studio quality files. Yep, good luck with that.

If you are not using YouTube to promote yourself, then you are doing it all wrong and your career is challenged.

Even if the record labels do not renew their licensing agreement with YouTube, it will still survive. Because it is the fans that want it. YouTube’s success is made by the people, who apart from going to listen to music or view videos, they also upload as well. If I want to hear a new release before I buy it I normally go to YouTube. The whole album is there. Spotify is good as well, however it’s search algorithms are rubbish, plus it doesn’t have everything there.

I wanted to listen to Badlands “Voodoo Highway” album recently. It’s not on Spotify, however YouTube has it. Unlicensed.

I wanted to listen to Don Dokken’s “Up From The Ashes” album recently. For both, I could have gotten the CD and played it or I could have plugged in the portable drive and played it from there, however that was too much effort. Spotify didn’t have it, but YouTube did. Again unlicensed.

The record labels get wined and dined by Apple for exclusivity around their streaming service. And then when the cash rolls in from another licensing agreement to them, the artists will complain that streaming is killing the music business.

NO.

The Record Labels are still killing the music business. Their own greed will kill off streaming services. A stream is not a sale, so the royalty rates that labels pay artists are bullshit. Because the labels classify a stream as a sale which in turn brings with it a lower royalty rate.

Because if a band can stand to make $24,000 for putting up a silent album on Spotify that has been streamed for a combined sum over 4.7 million, then surely the larger acts that have 40 million streams will be making better dollars.

But they don’t.

Because that low royalty rate per stream that Spotify pays, gets further diluted when the Record Label applies it’s 80/20 split to it. Then that low 20 percent is split again by managers, lawyers, band members, etc..

What about illegal downloading of music?

It is still going on and it will never stop because people still want to have the mp3.

14 years have passed since the Napster revolution and music lovers still don’t have a legal ad-supported peer-to-peer download service for mp3’s. It’s leaving money on the table if you ask me.

Do you know what one of the main income revenues is for the record labels?

Yep, its YouTube fan clips that go viral. The ones that have unlicensed music playing in the background. With the YouTube Content ID system, labels can claim the clip as theirs and then reap the benefits that the clips views bring in.

Even Governments fear it. Turkey’s government blocked access to YouTube when an audio recording of top civilian and military officials appeared, which involved high-level security talks on Syria. The Government has classed it as illegal content. I see it as a form of censorship.

YouTube was seen as the enemy to TV stations and to the Music Industry. Now it is their greatest ally, only if they know how to use its potential. Expect to see the various YouTube networks become bigger than the movie studios in the future. Because they realise that it’s not all about the blockbuster effect. Releasing content more frequently is king.

The Power Of User Transcriptions and the Death Of Sheet Music

I can honestly say that with the rise of the internet, the need to use my ear and figure out a song has more or less gone out the window. All I need to do is go to UltimateGuitar.com or to an iPhone app and search for the song.

There is a 100% chance that it is there, especially the popular ones. The beauty of it all is that the transcriptions are free and made by musicians who are fans of the band. Some of the more complex progressive stuff is also out there and massive kudos to the guys and gals who sit down to transcribe Dream Theater, Periphery, Sikth, Animals As Leaders and Protest The Hero because they love it, not because they get paid to do it.

However, it wasn’t always UltimateGuitar for me. My fascination with other people transcribing tabs started off with “Harmony Central” back in 1999 which had basic and crude text tabs. However that interest went up a large notch with this website:

THE POWER TAB DUNGEON

The website is littered with PowerTabs from bands in the Eighties and Nineties. In some cases it has the whole album from a band or in some rare cases it has the whole discography for a band, even going into the Nineties and Two Thousands. It is simply as well. Click on the song and it downloads straight away. Nice and easy, just the way that I love it where as UlitmateGutiar.com has way too many clicks involved in order to get the song transcription.

If you are in the business that sells sheet music, your business model is challenged. Not because of piracy, but because of users wanting to show the world that they can transcribe music that they love. If you are in the business that sells magazines with transcriptions like Guitar World or Total Guitar, your business model is also challenged. I am a Guitar World subscriber and the last 16 months worth of issues are still sitting on my shelf with the plastic wrapping still on them.

When my subscription expires I will be letting it lapse. There is no need for it in the current world and their fascination with ass-kissing the classic rockers is getting too much. For example, i can honestly say that i have over 15 transcriptions of the same song from either Jimi Hendrix, Metallica, Ozzy/RR era, Led Zeppelin, Rolling Stones and Eric Clapton.

I digress. You will notice that I mentioned PowerTab earlier. It’s a piece of software which I still use today to capture riffs and turn them into songs. It is not the best piece of software out there on the market right now, however I was a very early adopter of PowerTab (circa 2003 or 2004) and it served my purpose well when my kids came into my life between the years of 2005 and 2011. Instead of plugging in and playing riffs, I opened up the lap top and fired up the PowerTab software. It more or less became my guitar.

And this brings me back to the the Power Tab Dungeon website. It is pure Eighties heaven. Even the hard to find stuff. Back then, when this site came out, a lot of the other tab sites didn’t have this collection of material. Now if you go onto UltimateGuitar.com you will more or less see it all there. However the original leader in Eighties tab was the Dungeon.

If you wanted to know how to play songs from “Shotgun Messiah” they are there. Or “Babylon A.D”. Or “Steelheart”. Or “Jackyl”. Or “XYZ”. Or “Ugly Kid Joe”. Even “Vince Neil’s” solo albums.

Also on the flip side you still have Hal Leonard selling Note For Note books for between $50 to $70 plus dollars in Australia. And they wonder why no one is buying. Let’s blame piracy. Why not, everyone else does.

Of course, there was a time when the Music Publishers Association freaked out about PowerTab and went all nuclear on the software.

RANT ALERT: Copyright, Rock N Roll Hall Of Fame and The Walking Dead

BUSINESS MODEL PROTECTIONISM

It’s pretty pathetic how the entertainment industries need to get governments to pass laws and update laws every time there is a shift in technology. Remember, back in the Eighties, when the boss of the MPAA Jack Valenti proclaimed at a Senate Congressional Hearing that the VCR’s are to the American film producer and the American public as the Boston strangler is to the woman home alone. Yep, that is right, the head of the MPAA said that in 1982.

Fast forward a decade later and VHS sales of movies proved to be a very very large income source for the movie industry. So if the MPAA had their way, this technological innovation would have been killed at the beginning. Sort of like how the music industry reacted when Napster exploded. And due to that poor reaction, they allowed piracy to grow and due to their unwillingness to license Spotify, they allowed YouTube to become the unofficial streaming king.

All of this innovation happened because of copyright infringement. If all of the innovators followed the law or asked permission from the Record Labels to go ahead, well, no innovation would have been possible, because hey, any innovation in the entertainment industry that is not controlled by the gatekeepers is like the Boston Strangler to their business profits.

Let’s get one thing straight. Copyrights have been infringed forever by consumers of music and it still hasn’t killed off the music business. The difference now is that the main holders of Copyright are large corporations called Record Labels, who have the cash to go all nuclear with lawyers on people that violate that copyright.

So when it comes to negotiating new laws for copyright, it is these large and cashed up business entities that are lobbying politicians.

So what we have is a disconnect. The copyright industries want the tech industries to introduce measures to reduce piracy. The copyright industries want ISP’s to introduce measures to reduce piracy. The copyright industries want Governments to introduce measures to reduce piracy. The copyright industries want Judges to introduce measures to reduce piracy. Basically, the copyright industries want everyone else to help them, however they choose to do nothing themselves in terms of innovation.

Call it the last screams of the ENTITLEMENT EXECUTIVES.

That is why take down requests from copyright holders are going through the stratosphere. The Entertainment Industries are abusing a law by trying to catch a site that is NON-COMPLIANT. If the site that is hammered with the robotic takedowns doesn’t comply then they could be held liable.

This is not what copyright is designed to do.

Copyright was always designed so that the creator of a piece of work is granted a certain monopoly on their works and by that grant they can then sell their right to copy their work to another entity in exchange for a fee. A quick search of Google for the definition of Copyright states that it is “the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.”

So now add “The Record Label” to the definition. The definition would read something like this;

“The exclusive and assignable legal right granted to the originator who then sells that right to a corporation for a fixed number of years (in some cases, for their whole life plus 70 years) so that the corporation can print, publish, perform, film, or record literary, artistic, or musical material.”

Burton C Bell from Fear Factory didn’t know how much his songs were worth when he signed his first contract with Roadrunner Records.

Imagine a young up and coming sports star who is signed to an NBA club for peanuts and then after a season or two, shows that they are really a star athlete. Two things would happen to that sports star. The NBA club that they are with will either up their contract to match their new-found stardom or a new NBA club will swoop in and make them an offer they cannot refuse.

Fear Factory showed Roadrunner that they are a star athlete. Instead of getting a better royalty deal they got the same rubbish for 20 years plus. Instead of being allowed to negotiate with other labels and getting a transfer to test their net worth, they got locked into a restrictive contract with terrible payment rates.

Copyright is too distorted and removed from what it was intended to do. It needs a rethink and a massive re-write. The kids of today, the ones that pirate, will one day step up into government and then, change will happen.

THE WALKING DEAD

It’s passed its prime.

The last half of Season 4 was by far the worst. It is a yawn fest of massive proportions. The only two episodes worth talking about so far is the Rick Grimes House episode. The house when the group that Daryl is with right now decided to crash it.

And the other one was the Carol episode with the two little sisters. However I still have issues with that episode, as I saw it just an episode put there to shock, instead of progressing the story line.

AMC is down two big shows in “Breaking Bad” and “Mad Men”, so they are pumping all of their resources into milking TWD.

Seriously spin offs. It only dilutes the main brand. Think of “Law And Order” or “CSI”. They had so many spin offs it got to a point of silliness.

The main show runners in Frank Darabont and Glen Mazzara got booted for various reasons, with TWD comic creator Robert Kirkman being behind the Mazzara booting. One thing I can say is that comic book writers should stick to comic books. They are not TV show runners.

Frank Darabont got the TV show up and running. It is the house that Darabont built in it’s tone, settings and style. Not Robert Kirkman.

Prior to the show exploding, The Walking Dead comics had a cult niche following. Now it has a popular culture following. And that is because of the TV show. Not because of the comics. The comics provided the story, however how original is the story when the whole Zombie genre is copyright free.

I actually went and purchased the comics recently for my Christmas Present. And that is because of the show.

ROCK’N’ROLL HALL OF FAME

They call themselves “leaders in the music industry” that joined together to establish the Rock and Roll Hall of Fame Foundation.

Joe Elliott from Def Leppard called it as it is. Elliot called them a “board room of faceless tuxedo-wearing morons” who decide such things based on their own determination of what’s cool. And with that, a final lyrical quote from the great James Hetfield

“Who made you God to say”

	bubba8328 on When Trixter Thought the Party…
	bubba8328 on The Record Vault and Australia…
	destroyerofharmony on Ross The Boss – Heyday: The Re…
	2loud2oldmusic on Ross The Boss – Heyday: The Re…
	deKe on Ross The Boss – Heyday: The Re…