Category Archives: Copyright

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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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.

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

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.

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

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.

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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.

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

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”.

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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

My Record and CD 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

The Way I Purchase Music On Occassions

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

My Book and DVD 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.

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