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”

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

When Are Artists Going To Realise?

Asking Alexandria

They are a hard rock band. When are they going to realise that? Drop the stupid screamo vocals and step up the clean melodic vocals. Drop the used and abused metalcore guitar trends and step up the hard rock guitar hero status. It’s time to rock n roll.

In the song, “Until The End” they sing that they want to be the best that they could be. And that best for them lays in hard rock. If I was their manager, that is the advice I would have given them after the first album.

The recent album ”From Death To Destiny” had 13 tracks on it. They needed a John Kalodner type persona to tell them that those 13 tracks needed to be streamed down to 10 and then have all of them re-recorded with clean vocals. Hell, I can even cut the list down to 5 songs.

The Death Of Me
Moving On
White Line Fever
The Road
Until The End

And chuck in the song “Someone Somewhere” from the “Reckless and Relentless” album and they will have six.

And what the hell is going with their Spotify account. Over 100,000 followers and not one song that has a stream count over a 1000 streams. Something fishy going on there. It looks like Spotify is employing the old MySpace tricks.

The Stan Lee Wealth Paradigm

Stan Lee has been involved in creating the stories around a lot of the iconic characters associated with Marvel Comics. Since these characters are box office superstars, people normally make assumptions that Stan Lee is loaded. However that is not the case.

Did you know that Stan Lee never owned the rights to the characters he created? Yep that’s right, he was a writer for hire and Marvel is the actual owner of the characters.

Did you also know that all the web sites that state his net worth at $250 million are full of shit. This is what Stan Lee had to say about his net worth:

“I don’t have $200 million. I don’t have $150 million. I don’t have $100 million or anywhere near that. I was happy enough to get a nice paycheck and be treated well. It was a very good job. I was able to buy a house on Long Island. I never dreamed I should have $100 million or $250 million or whatever that crazy number is. All I know is I created a lot of characters and enjoyed the work I did.”

Musicians would kill for a nice paycheck and to be treated well by their label.

Musicians would kill to be able to buy a house and pay it off.

What we have in music is a massive disparity between the blockbuster acts (the 1%) and the rest.

Did you know that the record labels are saying to artists who are seeking to reclaim their copyrights that the works they created are “works for hire”? Hell, Gene Simmons pulled this trick in his battle with Vinnie Vincent over royalty payments and the judge agreed with Gene Simmons.

When are artists going to realise that their fate is in their hands?

Also the Stan Lee situation opens up another conversation.

All the developers that worked/work for Apple over the years create software that makes up the Operating System that underpins the Apple products range. As popular as those products are, the developers get their wage and that is that. They don’t claim copyright on the code they create.

So an artist is signed to a label. The label gives them an advance to record an album. The artist goes into a studio and records the songs that they have created. The label then releases the album (under the name of the artist) and hopes to god that it resonates and that it sells. To the label legal team it sounds like works for hire?

LESSONS FROM COREY TAYLOR

Take Risks. Don’t get pigeonholed writing the same stuff over and over and over.

Trivium ticks these boxes. They sure take risks musically. However AC/DC built a stadium sized career by writing the same stuff over and over and over. Because it works for one, it doesn’t mean it will work for all.

Don’t repeat yourself as a lyricist. Take new roads, open different doors.

If you want to repeat yourself, join the Max Martin or Dr Luke team. Hell, call Jon Bon Jovi and ask him for a co-write.

If you’re not feeling it, get away from it.

“St Anger” came out that way because the main songwriter was not there mentally for it.

RECORD LABEL CONTRACTS and ROYALTIES

It’s time artists take the power back and burn up all of these shitty record deals they signed as kids when they had innocent dreams of making it. Fear Factory’s Burton C. Bell had this to say about Roadrunner Records and its founder Cees Wessels;

“I still get royalties. It comes in, but it depends how much we work, how much we tour. If we tour a lot I see better royalties, if we don’t then I don’t. I have no idea when we’ll get the rights back [to our catalog], because that Roadrunner contract is bullshit. I literally signed a deal with a Dutch devil. But when you’re young, you don’t care. You’re 23 years-old and ‘we’re going to give you an advance to make your first record, we’re gonna put you on tour, sell your shirts in all the stores. You are gonna to be famous!’’Alright, make it happen!’

When are artists going to stand up for themselves and stop the label from treating them like shit.

We asked Roadrunner ‘what’s going on?’
Roadrunner Replies; ‘You’re not selling any records. That’s not my fault, that’s your fault.’
We said; ‘How is that my fault?’
Roadrunner Said; ‘You didn’t put out the right record.’
We said; ‘Did everybody not put out the right record?’

Every single label failed their artists by not innovating. The analog dollars vs digital cents mess they got themselves in, is purely of their own doing.

The Macklemore Lessons

Be in it for the long haul. The career of Macklemore has been a long one (14 years and counting). There’s no such thing as an overnight success.

Five Finger Death Punch and Volbeat are two bands that I dig a lot. Look at the musicians in each band and you will see lifers.

Michael Poulsen from Volbeat started his first death metal band Dominus in 1991. During that time, Dominus released an album called Vol.Beat. When the band broke up in 2001, Volbeat the band was born. It wasn’t until 2005 that the first Volbeat album dropped. It wasn’t until Metallica picked em up as openers in 2009, that their US career kicked into overdrive. 22 years in the business. That is a lifer.

You can do it without a major label backing you. You need people, lifers like yourself that believe in you as your team. Create relationships and remember it is a two-way street of giving and receiving

Metal and rock bands are not really good at this shit. They need to get good at this. The new breed of artists coming through will overtake them on all fronts.

A huge hit doesn’t guarantee your future in the music industry.

Music is a risk game. As long as you focus on your core and don’t alienate them, you will have a future. If you start chasing that “hit part 2”, then prepare to lose, as the label will abandon you as soon as you fail, however the core, will stay true, only if you are true.

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

The Piracy Conversation: The Good and The Bad

Anyone heard of this beautiful new piece of software called “Popcorn Time”. There are no registrations, or restrictions on content. It looks like Netflix and it is free. The user just presses play. It’s easy to use and its design is elegant.

Did you also know that “Popcorn Time” was designed by programmers in Argentina, where the movie “There’s Something About Mary” is still classed as a new release by the movie industries in that country.

So of course, the “Popcorn Time” development team created an innovative piece of software to meet a service problem for their country because the content industries failed to. There is a reason why South America has the highest rates of copyright infringement when it comes to music. Access to content is not serviced in an affordable way.

Of course the creators shut the service down when their “experiment” put them at the doors of legal threats around piracy and copyright infringement.

However the saga did not end. Remember that the internet is a copy system. So of course, the source code was made available and now other programmers took over the open-source code and made it available to people once again.

Hollywood is not up against people who want to be millionaires. They are up against educated people who want to create something new to solve a problem that they have in their home country. If the developers followed the “laws” then “Popcorn Time” would never exist. The restrictions around copyright and patents would have killed it in the start-up phase.

To compete, Hollywood needs to employ the best and the best don’t want to work for companies who see innovation as a way to prop up profits from the past. They want to work for companies who see innovation as a way to stay ahead of other companies.

So the best minds go into business for themselves, or for companies that meet their expectations or they just stay in their bedroom and innovate without the law in mind.

We all know that piracy is wrong, however it opens up the conversation to the larger issue.

Let’s put into context what piracy/copyright infringement has done.

THE BAD

It made the RIAA spend millions suing music customers.

THE GOOD

While Apple started to see a market here and began to turn those Napster digital natives into iTunes buyers by making it easy to grab the latest music, anywhere, at any time.

THE BAD

It made the RIAA/Record Labels sue/kill off thousands of technologies that would have given them better profits if they only had the foresight to innovate instead of legislate. Think of Napster, Limewire, mp3tunes and many others.

THE GOOD

With the rise of Spotify/Pandora, the music piracy problem is declining and the labels are now cashed up

THE BAD

Artists are not seeing a lot of it.

THE GOOD

Piracy opened the door for format shifting.

THE BAD

The music industry introduced DRM and the ones that got hurt by it were the ones that actually paid money to purchase the product while the pirates bathed in DRM free mp3’s.

THE GOOD

YouTube piracy has also led to another source of income. It’s actually official now that record labels make more money from fan-made videos uploaded to YouTube than they do from their official music videos. Check it out on the link at the end of the post. And this is coming from Universal Music Group.

THE BAD

And still the labels send out billions of takedowns to these kinds of videos on YouTube because they still see fan made videos as a breach of copyright.

THE GOOD

However, YouTube has innovated even more and now the label is notified when a user uploads copyrighted content. The label can then choose to place advertising before the video, making royalties from the views.

THE BAD

And the labels/RIAA still scream that Google (the owner of YouTube) isn’t doing enough to protect their profits.

THE GOOD

YouTube fan made pirated videos is a massive growth area alright.

THE BAD

How much is the artist seeing? Again a lot of power in the hands of the label and a lot of money coming into the label accounts for work done by fans this time around. These monies should be at least 70% to the artist.

THE GOOD

Basically, piracy has also highlighted how broken Copyright is. The pure essence of Copyright has been hijacked by the Corporations that now hold the majority of copyrights. To further show how broken it is, Sir Tim Berners-Lee (one of the main creators of the World Wide Web) has called for a copyright reform passage to be included in any new legislation written as part of the “Web We Want” initiative. He further stated that the current law is purely there to protect the interests of movie producers, not the public at large.

THE BAD

The labels see piracy as a case for even more draconian copyright legislation and even longer terms post death.

THE GOOD

Piracy has opened up more distribution channels

THE BAD

However the “Popcorn Time” software has shown that the current movie industry is still employing the old distribution model.

THE GOOD

However, Netflix has shown the movie industry that fans of movies and TV want content on demand/twenty-four hours a day for a fair price. And Popcorn Time has shown that they want top-tier content.

THE BAD

Google is still blamed for not doing enough.

THE GOOD

Because the future is in streaming for music and video.

THE BAD

However the RIAA and the MPAA are doing their best to kill it. Pandora had to raise their fees to cover the cost of licensing the songs. Plus they also had an expensive lawsuit in relation to the royalty rate paid on a radio stream. While the movie studios still lock content away.

THE GOOD

Legacy analog revenue sources get replaced by digital revenue sources. It’s a transition right now. The transition isn’t happening fast enough for the labels however it is their fault in the end. As their need to control has more or less slowed the transition process down.

THE BAD

It is a shame that the RIAA and the record labels focus on the shortfalls between analog and digital revenues at this point in time, instead of looking at the bigger picture.

http://www.businessspectator.com.au/article/2014/3/21/technology/how-video-piracy-killing-hollywood-star

http://techcrunch.com/2014/03/17/popcorn-time-is-hollywoods-

http://www.themusicnetwork.com/youtube-fan-videos-earn-labels-

http://www.nbcnews.com/tech/tech-news/pandora-raises-

http://www.linkedin.com/today/post/article/20140317203156-

http://www.businessspectator.com.au/article/2014/3/21/technology/tuning-musics-digital-struggle

Copyright Innovation V7.0 – More Legal Crap and No Innovation

You know Copyright is all wrong, when you have a composer of several Motown hits combines copyright law with divorce law. Seriously, how much more distorted can copyright get.

Smokey Robinson is seeking a declatory judgement against his ex-wife. You see, Robinson is reclaiming the rights to his pre-1978 songs from Jobete Music Co. Robinson’s main problem is that his ex-wife (since 1985) believes she should be entitled to 50% of whatever income these songs generate and she has filed suit to ensure that happens.

It looks like to me that everyone tries to twist copyright law to suit themselves. It’s that whole ENTITLEMENT argument.

The labels claim that all pre-1978 songs are “works of hire”.

Smokey Robinson claims that his ex-wife isn’t entitled to his profits but his heirs are.

A judge ordered YouTube to take down a movie based on a copyright claim of the actor.

Rightscorp (a copyright troll) is ordering ISP’s to pass on fines to it’s customers like the “Thought Police” from 1984.

Or maybe your a Dutch collection society who just won a court decision to have a “pirate tax” on every storage device, because, hey, every storage device, smartphone, tablet and PC MUST be used to store media files. Talk about entitlement. And they had to balls to say that it is all in the name of “protecting artists.”

Like the three strikes policy that the lobby groups keep pushing. All in the name of “protecting artists”. Did you know that in Ireland, it has been in place for 4 years with one ISP and no pirates have been disconnected. In New Zealand the ISP’s are still arguing with the Entertainment industries over who should foot the bill. Since the Entertainment industry doesn’t want to foot the bill, nothing much is really happening.

It’s pretty obvious that these legislated policies do not work however they still come up in the public conversation. Australia is another country talking about a three strikes scheme.

And all of them are to “protect the artist”. However the artist doesn’t see an increase in their bank balance.

So there you have it, another solid week of copyright innovation from the entertainment industries.

https://www.techdirt.com/articles/20140308/08430726495/smokey-robinson-sues-ex-wife-to-prevent-her-claiming-50-his-recaptured-motown-hits.shtml

https://www.techdirt.com/articles/20140307/07424226477/dutch-supreme-court-agrees-to-let-rights-group-collect-back-you-must-be-pirate-taxes-mp3-players-hard-drives.shtml#comments

http://torrentfreak.com/three-strikes-isp-no-pirates-disconnected-in-four-years-140313/

Copyright In The Modern Day. It’s Not About Driving Innovation Anymore.

It’s all about stopping copyright infringement. It’s all about shaking down internet users. It’s all about a ridiculous and “out of touch with reality” penalty system. For example, if a user downloads one song, the RIAA have argued that the copyright holders are out of pocket between $20 to $10,000. It’s a huge mark-up from its iTunes price of $1US.

When discussions are had on Copyright, it’s all about the enforcement. It’s all about creating a monopoly. The ones that sit on the innovation fence are shouted down to from the ones that control/hold the Copyrights.

There is a great article over at The Conversation website. Go read it. Journalist David Glance has a lot of viewpoints that I agree with.

The thing is, people have been “copyright infringers” since day dot. Anyone that remembers cassette tapes, will tell you how they used to copy songs from recordings onto a cassette tape. James Hetfield used to copy Lars Ulrich’s record collection onto cassettes.

We used to copy songs from the radio onto cassettes. We used to copy movies from TV onto VHS cassettes. Then we got even more creative and hooked up two videos at once to make copies of the latest releases. With the advent of the CD and blank discs, we started making mixed CD’s. When Napster exploded, people flocked to it.

Richie Sambora was a guest host on “The Panel”, a TV Current Affairs/News show on Channel Ten in Australia. This happened last week. There was a segment on Spotify and how streaming has led a slump in music sales. One of the members of the panel asked Richie Sambora, how many records has he sold. Richie replied back with “about 130 to 140 million records”. Richie then further stated that piracy was big even in the days before the internet, as pirated Bon Jovi LPs, cassettes and CD’s sold like hotcakes in Asian, African and Eastern European countries.

So I did some research on this and I came across the Moscow Peace Festival. The Moscow Peace Festival took place in 1989. Hard Rock and Heavy Metal music was hard to get “legally” in Russia, however it didn’t stop over 100,000 people from attending the show to watch Skid Row, Ozzy Osbourne, Scorpions, Motley Crue and Bon Jovi perform.

All of those fans of music must have gotten their music from somewhere. Actually musical sales in the USSR at that point in time didn’t even exist. Hell, it wasn’t until 2010 that the National Federation of Phonograph Producers (NFPF) was established in Russia. And they don’t even have a website. All of this shows how serious the legal music business is treated in Russia.

All of this supports the argument that we are all copyright infringers. Governments need to look at how people adopt these laws and change them to suit. Instead the Governments look at who puts money in their pocket and add more bad laws to existing bad laws.

Australian Attorney-General George Brandis has got no idea what is happening in the real world or how the internet works. His comments show that he is just a puppet for the Movie Industry Lobby Machine. Check out some of his comments;

To pirate a video or a song without paying the fee for it through iTunes, and so on, is an act of theft, it’s pure and simple.

Um, no. To infringe on a copyright is not an act of theft, as the mp3 is still with iTunes. No one has stolen it. What has happened is that multiple copies of that mp3 are in circulation right now. People pirated Adele’s 21 album, however all of that piracy didn’t stop it from moving over 10 million units in the US because no one stole anything. They infringed on an artist’s copyright. Something that fans of music have been doing since day dot.

When people, pirate “Game Of Thrones”, they don’t steal the original master copy from HBO. What they do is download a copy that someone made from the actual legal broadcast.

The ISPs, in my view, do need to take some responsibility for this because they provide the facility which enables this to happen.

Um. No. ISP’s don’t need to take responsibility for bad business sense and business models designed on controlling distribution. To provide a few different analogies, should the gun manufacturers take responsibility for their guns killing people. Should car manufacturers be responsible when their cars kill other people due to high speeds. Should the knife manufacturers be responsible when knives are used for violence. Should gas bottle manufacturers be held responsible for when their gas bottles are used in drug laboratories. Should alcohol brewing companies be held responsible for all the alcohol fuelled violence.

It is easy to lay the blame on others. However it is the record labels that need to take responsibility. They still don’t get it. People want FREE music. Spotify provides a service that is free, however it is still seen as restrictive and people still go to other torrent sites to download content. And then the recording industry claims that these sites make so much money from running ads on their site. If that is the case, then why isn’t the recording industry offering the same service and make that same money.

They don’t want to, because that would mean that their margins will shrink a little bit more and that is all they think about. The NOW. What is the plan for the future? A small return today, could lead to a greater return in 5 year’s time.

The fact is that people don’t have a right to download pirate copies of songs or movies or television programs because the people who make those programs or other items have a right of property in them. The way artists earn their living is through royalties and that’s the way they are remunerated for what they do.

Um no, artists have never made a living from royalties. The record labels have. Artists previously made a living from touring, licensing, merchandise and large advance payments. In today’s world, the main revenue streams are disrupted, however other revenue streams have opened up.

http://theconversation.com/copyright-reform-will-drive-innovation-not-trying-to-stop-the-internet-pirates-23286

http://www.techdirt.com/articles/20140225/12341626346/australian-copyright-reform-goes-into-reverse-fair-use-out-three-strikes.shtml

Is Spotify Suffering From The “Newness Wears Off” Syndrome?

You know the drill. A new technology comes out and eventually it will start to get some traction. Then the word will spread about and everybody flocks to it. It’s new, it’s cool, it’s hip and its innovative. Then when it is at its peak, the people who testified for the new tech, will abandon it, looking for something new and better.

Look at the history of technology innovations and you will see a pattern.

MySpace, Facebook, Twitter are three such platforms that came, peaked and right now are suffering an identity crisis.

MySpace is finished.

Facebook got traction because it connected people in a way that MySpace couldn’t. Now, all of these connected people need to deal with the marketing of products, advertisers, like requests, fake friend requests and spam.

Twitter is well, Twitter. With so many people tweeting or having their tweets connected to their Facebook Posts or their blog posts, everything is getting lost in the mix. When a big news item hits, Twitter is the platform to go to, because people who are directly involved in these big events are the ones that are tweeting.

So what about Spotify. It has been around for a while now and in the last 3 years it set up base in a number of large music markets like Australia, Canada and of course the US.

The people tried it. Some have stuck to it. Some have abandoned it. The ones that speak out against it have never used it.

With the rise of Beats Music, expect the young ones (kids born from 1991 onwards) to go off and explore it. They will give it traction. Then the mainstream will talk about it, trump it up and the young ones will go into something else while the old guard moves in. Like Neil Young who seems to think that people really want large music files taking up large amount of space. Sort of like Facebook. It was the mecca for the youth. Then their parents joined and the youth bailed. No one wants to be friends with their parents on Facebook.

In relation to music, bands on record deals were real slow in adopting Facebook, while the independent bands started using it ASAP. I don’t even have a Facebook account anymore and when I go onto it, it is purely to see what my favourite bands are up to and what people are talking about. In a way it has become like a go to website.

Spotify however needs a game changer. Sort of like how the move to APPS changed the iTunes store. And it’s all about the FREE. Fans of music showed the world that they want FREE music to listen to. And don’t say that FREE doesn’t work. How the hell did Free To Air TV exist and grow over the last 60 years.

Beats Music needs people to vouch for it, promote it. And when people finally get around to using it, it needs to deliver. However, for the kids, YouTube does the job. And that’s the world we live in. One that has all the information that we require at our fingertips and its FREE. Notice the emphasis on FREE again. The public spoke out big time when Napster crashed the party. Our friends testified about it and then we testified about it to others. No one even raised the question of copyright infringement because it was so damn cool.

So what is cool today?

I am all over the shop when it comes to music. I still purchase CD’s from the bands I like. This is more or less done from Amazon and I get the AutoRip feature with it, so then I download the mp3 version of the album to place on my iPhone. I stream music on Spotify. I refer to YouTube. My kids are YouTube fanatics.

And the funny thing is that I don’t use iTunes anymore. Who would have thought that day would have come. And that is what Spotify needs to think about it. Now that the newness has rubbed off, what’s next. Consolidation. How can you consolidate when the modern paradigm is DISRUPTION?

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

The Labels Want To Be The Good Guys

The labels want to be the good guys. They really do. However their lobby group the RIAA does not carry itself it in public in a manner that is acceptable. They put across an image that all the labels are focused solely on the now and what money can be made now. They put across an image that all the labels have no interest in planning for the future. Then the labels follow suit, flying the bullshit flag from the RIAA.

Regardless of the labels motives and business sense, they will survive.

Read the financial reports on Universal Music Group. Spotify has propped up their bottom line and that bottom line will get better each year. And with money, comes power and relationships. So how do the major metal and rock labels rate in relation to influence and relationships.

Century Media Records and Nuclear Blast are still independent labels. While Century Records lost their cash cow “In This Moment” to Atlantic, Nuclear Blast gained a new cash cow in “Machine Head”. Looking at the rosters, Nuclear Blast has surrounded themselves with a stronger group of artists however Century Media are the ones out there trying to identify new talent. Both labels will be around for a long time.

Frontiers have become a major player in the classic rock, melodic rock and hard rock scene. Frontiers kept the flag of melodic rock flying high since 1996, when all of the other major labels put their monies into grunge first and then industrial rock/metal and then nu-metal. Now that they have traction, I am just confused as to what their business model is.

Let’s sign up all the classic popular artists from the Eighties and get them to re-record some of their classics along with new music. CHECK.
Let’s get artists from different bands together to do a super group project. CHECK.
Let’s get female singers to re-record melodic rock songs that the label president likes. CHECK.

What about identifying new talent and breaking that new talent to the masses with creative and innovative ideas? NOT CHECKED.

Metal Blade is still independent however with strong ties to Sony Music and Warner Music Group in relation to distribution while Roadrunner used to be owned by Universal between the years, 2000 and 2006 and after that, they are under the control of Warner Music Group.

Roadrunner is still the major player here, however with ties to Warner, expect them to be “RIGHT NOW” profit driven and be all about the HYPE. With all the corporate deals they organised on the new Dream Theater album, they would have made up the advanced money plus the recording costs and more.

Spinefarm Records is part of Universal Music Group, with a lot of power to operate independently. They are getting out there and signing new talent. However, like all of the above labels, they are stuck in the old way. And that is the ALBUM.

They just need to realise that it is not about the sales anymore. While Steaming numbers and revenue are still small today, in the long term the labels will be able to reap the benefits.

Why?

Because streaming is a regular recurring revenue business.

For example, I have been streaming “Strife” from Trivium non-stop. Each stream is regularly producing revenue for that song. If I purchased that same song as a download, the revenue produced would be at the time it was sold. Every time that I would have listened to “Strife” at home or on my iPod or on my smartphone would not have produced a cent. All that the band or label would have made from me is the sale of the downloaded song. However with streaming they will continue to make money long after the album is released.

So if anyone believes that streaming is bad for music and that it is going to kill the incentive to create new music, tell them they are uneducated. If bands or artists are complaining about their payments, then they need to negotiate better deals with their labels or get back their Copyrights.

Let’s put it this way, if Metallica is on Spotify, then the rates paid back to the COPYRIGHT HOLDERS (and Metallica do own their Copyright) must be good, because Lars Ulrich and Cliff Burnstein would not allow Metallica to enter a business arrangement that is not in their favour.

The real truth is that there is much more music out there than there has ever been, so the issues that are present to artist and labels is how do they get people’s attention directed towards that new music.

Personally, I don’t even know anybody who pirates music anymore. There is no reason to pirate and legitimate customers/fans would always turn to legal alternatives.

In relation to sales figures and charts. Goneski. No longer relevant. Sales (as a stand-alone measure) no longer means anything. Focusing on recording sales is old school thinking. It’s all about everything else today.

“Recording Sales Revenue” plus “Streaming Revenue” plus “YouTube Ad Revenue” plus “Ticket Revenue” plus “Merchandise Revenue” plus “Corporate Deals Revenue” plus “Sponsorship Revenue” plus “Publishing Revenue” plus “Licensing Revenue” and then decide if you are winning or not.

Again, if you are not seeing a lot of revenue, then you need to be speaking to your label, because if you have numbers in all of the above Revenue streams then something is a-miss contractually.

Another thing that the metal and hard rock labels need to understand is that they reside in a niche. The heyday of when that niche was mainstream is long gone. Today, certain artists might have a crossover song that many people will latch onto and then it is back to the niche.

“Adrenaline Mob” released “Men of Honor” last week and by the end of the second week it will be forgotten. The songs are great, the musicianship is great, so what is the problem. The hard core fans picked it up and everyone else doesn’t know about it. It’s a twenty four seven job staying in the public eye and it’s god damn hard. It’s the labels job to figure out it out, however the labels don’t want to spend the money to innovate, so what they do is get most of the hate directed towards them because of their monopolistic extortion like practices from back in the day.

If the labels want to be the good guys, they need to be more transparent. They need to call out the RIAA when they spin shit. They need to do be realists and sensible. And the main thing they need to understand is that the days of when they had control of the distribution channel are long gone. The profit margins from the CD sales are never coming back. So don’t dwell on the past and start to move forward.

http://theconversation.com/music-sales-slump-is-streaming-or-the-music-industry-to-blame-23901

http://www.billboard.com/biz/articles/news/5915732/spotify-drove-universal-musics-75-jump-in-streaming-revenue-last-year

http://torrentfreak.com/artists-think-instead-spewing-spotify-hate-140222

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