Category Archives: Copyright

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

Grammy Awards

It’s a gimmick. From when Jethro Tull won the first metal award at the Grammy’s, the whole awards night and nominations has been a joke when it comes to metal and hard rock music. Hell, even metal heads said “who is Jethro Tull” when his name was announced. Jethro Tull didn’t even turn up to the awards ceremony because their label told them they wouldn’t win.

I am all in for metal music to be recognised, however it’s time to call a spade a spade. The Grammy awards for metal doesn’t recognise anything. It is a dead set joke. The Revolver awards are a step in the right direction however they are not much better as they play up to the ‘PR’ companies who assist in writing their stories. You see, we live in a different world right now where we get to choose what we want to listen to from a plethora of choices. Does anybody really care who wins or is nominated?

Having Metallica win the “Best Metal Performance” in 1990 for “One” and then in 1991 for “Stone Cold Crazy” just added to the Grammy metal jokes.

“One’s” fate was tied with the “…And Justice For All” album and that was meant for the 1989 Grammy ceremony. And seriously, for the 1991 awards, a cover song was the best that was on offer in the metal world for releases released from October 1989 to September 1990. I don’t think so.

Even in 1999, Metallica won again for “Better Than You”. For which song, I hear you say. “Better Than You.” Does anyone know from which album it was on or how the riff goes or the vocal melody? I bet that most people will answer NO.

Fast forward to the 2014 nominations. The nominations are Anthrax – “T.N.T.”, Black Sabbath – “God Is Dead?”, Dream Theater – “The Enemy Inside”, Killswitch Engage – “In Due Time” and Volbeat – “Room 24” featuring King Diamond. Scott Ian has even said that he didn’t know that Anthrax could be nominated for their cover songs.

From an artist point of view a Grammy nomination can be trumpeted as a marketing success in future promotions however it means nothing if the music isn’t great. Even in movies, who cares if a new movie has Oscar nominated actors if the movie is a dud. Same deal with music. Who cares if Megadeth has been nominated for the most Grammy’s without a win? We only care if the music is great?

Yep, Motorhead won a Grammy in 2006, beating out acts like Cradle of Filth, Hatebreed, Killswitch Engage and Slipknot. Can anyone name the track and the album it is on without Googling it. Yep, Judas Priest won an award in 2010 for a live track of Dissident Aggressor. Seriously, a live track. That is the best that was on offer.

If the music is not repeatable and if people are not listening to it, it’s time to go back and write some more songs. To think that the Grammys’ are a reflection of heavy music today is akin to saying what Loudwire rights is gospel. Did anyone read their praising review of the first Red Dragon Cartel gig? It was a shock to the 99.9% of the audience in attendance who blasted the show on Facebook and other social media sites.

NARAS is beholden to the old major label structure. That structure is going through a chaotic time and for some of it is crumbling. So what does NARAS do? They nominate what the labels push and lobby. They get it wrong year after year as their membership is declining. In other words, the current music paradigm looks for people to lead and NARAS has none.

The old paradigm is gone. Entertainment and music are owned by the fans. The days of Producers, Record Label A&R’s and Publishing people voting for who should be nominated and who should win are over. If these people think they are above the audience, then they are in for a rude shock.

Musicmetrics has shown Iron Maiden where their pirate (copyright infringing) fans are and Iron Maiden rewarded them by doing concerts there. However apart from the websites that report critically on these issues, the rest of the media ignores the story, because they are beholden to the labels or to the old newspaper system. So of course, they cannot be trumpeting the virtues of copyright infringement.

What we should be awarding is music that managed to get their message out to people. In 2013 we are inundated with so much information, so we decide to invest time into music that interests us or really connects with us.

So what is important. The bottom line is this.

If a band is at decent “star” level, they will get traction because they have proven themselves. They do not need a Grammy nomination or a Grammy win to trumpet their next album. If Megadeth releases another stiff album, then they can expect to do even lower numbers on their next tour, because in the end ten tracks slapped together means nothing if nobody isn’t interested. Same for Dream Theater.

The plan today is back to selling songs. The record labels wish that is not the case, however that is just denying the inevitable. Music is a hit for a reason. It’s because its good. It’s not because it won a Grammy award or got nominated for a Grammy award.

Otherwise a Grammy nomination is near meaningless. A footnote. It doesn’t service the fans. That’s the music business right now. The fans have the power. They deserve the respect.

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Classic Songs to Be Discovered, Copyright, Derivative Works, Influenced, Music, My Stories

Still Of The Night – Progress Is Derivative

It is a well-known fact that Led Zeppelin has borrowed (or stolen depending on how people view this) bits and pieces from other artists. It is also a well-known fact that they are innovators. Their influence and reach was vast and if there was no Led Zeppelin, a lot of bands that we love and like today would have not have existed in the form that we know them.

One such band is Whitesnake. Founding member, David Coverdale had a three album run with Deep Purple before leaving to start a solo career which after two albums ended up morphing into Whitesnake.

Whitesnake is basically a blues-rock band heavily influenced by Led Zeppelin and Deep Purple. For a lot of people, their first hearing of Whitesnake was in 1987 and a song called “Still of the Night”.

That was my first exposure. After that I went back and started purchasing their back catalogue. On initial listens, it didn’t grab me. By 1988, I was into the over produced and slick sounds of pop metal and if the album didn’t have that tone, I didn’t invest time. Of course, years later I did go back and give those earlier albums a re-listen and I am better musically for it.

So going back to “Still Of The Night”. The song was written by lead singer David Coverdale and guitarist John Sykes and it was Produced by Mike Stone and Keith Olsen.

David Coverdale in an interview with Metal Hammer commented on the origins of the song:
“When my mother died I was going through the stuff at her house and found some early demo cassettes. One of them was a song that Ritchie Blackmore and I had been working on which was the basic premise of what would become “Still of the Night”. It was totally unrecognizable, so Ritchie doesn’t have anything to worry about… neither do I! Ha ha ha! I took it as far as I could then I gave it to Sykesy when we were in the south of France, and he put the big guitar hero stuff on there. John hated blues so I had to work within those parameters. I manipulated to be electric blues, but how he performed it was fabulous for his time and relatively unique because of the songs. There were a lot of people doing that widdly stuff but they didn’t have the quality of those songs.”

John Sykes in another interview on the Melodic Rock website had this to state about “Still Of The Night” when he was asked about the famous solo with the cello.

“Yeah, well that was actually the first part of that song I wrote…was the middle section. All that was written on guitar in my mum’s kitchen. It wasn’t till months and months later that I came up with the other stuff and basically got the riffs and the chord for the verses.”

Read the interview for yourself. http://www.melodicrock.com/interviews/johnsykes.html

Somewhere in between is the truth. From listening to the song, the Led Zeppelin influence is unmistakable.

The vocal delivery over the F#5 power chord in the intro is Robert Plant from “Black Dog”.

When the riff kicks in straight after, the ears are treated to a combination riff based on “Black Dog” and “Immigrant Song”.

The whole interlude section resembles the part in “Whole Lotta Love”. Listen to all of the cymbal and hi-hat work, as well as the distorted guitar noise and Coverdale’s moans. While the “Whole Lotta Love” interlude was more of a free form jazz improvisation jam with lots of knob turning, the “Still Of The Night” interlude is more musical and metronomed that builds into the cello solo.

There is only one John Sykes and Whitesnake hasn’t been the same since. The same way that the Sammy Hager fronted Van Halen wasn’t the same as the David Lee Roth fronted Van Halen.

“Still Of The Night” is almost an anthem. Not like Bon Jovi’s “Livin’ On A Prayer” anthem, more like a get together and remember a glorious time anthem. That’s how good John Sykes is. That is why “Still Of The Night” still exists and is part of the public conversation. Even though it is derivative, it is hard to burn out on it because it doesn’t sound like anything else. I know it is a contradiction and that it is why the song is perfect.

In information starved 1988, Adrian Vandenberg and Vivian Campbell got the nods, however John Sykes is the real superstar.

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

What Can Lorde and Spotify Teach The Metal World? Plus The Ones That Control The Talent Will Win In The Long Run

Record labels were dependent upon record sales and when the profit margins from recorded sales shifted from high margin returns to low margin returns, they screamed piracy. To them the only way they could remain in business was to have laws passed that protected their gatekeeper based business models.

However technology and innovation is always moving forward, so while the record labels are lobbying hard for new laws, at the same time they were being pulled into the future, kicking and screaming all the way.

Spotify to me is just a legal version of Napster, that has arrived in most markets. However before Spotify was even allowed to operate in certain markets, they needed to make licensing deals with the relevant record labels and publishing groups.

Spotify came into the market with the idea that they need to compete with free. And compete they did. The service even started to break artists to the masses, something that the record labels are clueless to do in current times.

Look at Lorde.
Her song “Royals” was added to Spotify on March 19th. It did nothing.

On April 2nd the song was added to the popular Hipster International Playlist by Napster founder Sean Parker. Isn’t it amazing what a little help can do and this was achieved without any dollars going into marketing. This was purely a stakeholder of Spotify, liking a song and sharing that song with the masses.

What’s that word again? Sharing.

On April 8th “Royals” appeared on the Spotify Viral Chart. What does this mean? It means that people have started to share it.

In relation to metal, I have posted previously how Dream Theater is doing it all wrong with their album release, putting money into marketing and believing that the old school scorched earth policy would bring results. It doesn’t. Sharing is what brings results. Fans sharing your music. Hey didn’t Napster do just this. Didn’t Napster allow fans to share music.

On June 10th “Royals” started to appear on radio. Remember when radio was cutting edge and used to be hip. This is proof that radio is a format that is dead and buried. This is proof that radio is always late to the party. This is proof that radio is clueless. This is proof that radio only plays what the record labels pay them to play.

So if you are an artist and your idea is to get your song onto radio, forget it. It is pointless. It does nothing for your career today.

Go on Dream Theater’s Facebook page and they are telling fans to contact their radio stations, so that “The Enemy Within” can be added to the playlist.

To use a quote from Flying High;
“Surely you can’t be serious.”
“I am and don’t call me Shirley.”

On July 9th “Royals” debuted on the Billboard Hot 100 – three months after debuting on the Spotify Viral Chart.
See how important sales are. By July 9th, Lorde was already a super mega star. It didn’t matter if she finally made enough physical sales to enter the Billboard Hot 100. She was already a success.

This is another lesson that the metal and rock world fail to learn. They still focus on the sales in the first week and the chart position. This is so old school and not a great measuring tool of reach or success, especially for new acts starting out.

But the metal world is still clueless. This is what we get from the bands, their PR companies and the various news outlets that report on metal and rock. Here are a few examples.

Loudwire: Dream Theater’s new DVD ‘Live At Luna Park’ recently entered at No 1 on the Soundscan music DVD chart.

Loudwire: Volume 2 of Five Finger Death Punch’s ‘Wrong Side Of Heaven; lands at No. 2 on Billboard 200.

Blabbermouth: “Wretched and Divine: The Story of the Wild Ones” sold 42,000 copies in the United States in its first week of release to debut at position No. 7 on The Billboard 200 chart.

See what I mean. They are still reporting on the old system. What those websites are saying is that the first week of sales is a measure of success, which I totally disagree with. If that was the case, then the first Five Finger Death Punch album was a dud, after first week sales.

August 6 – Lorde plays her first US gig in NYC.

Slow and steady wins the race. You play where there is demand. Humanity wins out in the end. Those that can play, perform live and write their own songs will win. It’s a return to the song writer. Expect a back lash against the over processed songs written by a committee.

Forget about acts that focus on big screens and pyro technics. The people are looking for human performances. It is an escape from our increasingly digital world.

“Royals” is the most shared track in the US by a new artist this year. This is what matters. The track is SHARED. It means the fans are spreading the word, getting more people to invest time and money into you.

Spotify has finally released some information as to how they pay and it sure makes an interesting read. I have posted previously about the greed of the record labels and how that greed will ultimately kill the streaming star.

So let’s get down to the nitty-gritty. Spotify pays 70% of their revenues to rights holders. The rights holders in 90% of the cases are the record labels and publishers. The same people who lobbied hard to extend copyright terms and are lobbying hard again for longer copyright terms.

So in 2013 so far, Spotify has paid out $500 million dollars to rights holders in royalties. That’s right $500 million. When Spotify pays royalties to a rights holder they provide all the information needed to attribute royalties to each of their artists. Check out the post, it sure makes interesting reading.

http://www.spotifyartists.com/spotify-explained/

So it got me thinking about business models. It looks like to me that the new record label business model of today is to ensure that they have the talent. The one with the most talent wins.

The Record Labels are the only ones putting money out there and the rule of thumb is that if you want to dominate in the music business in the future, you have got to spend. So if record labels are spending, the talent ends up on a label.

That talent brings to the record label the following;

Any songs that BAND A writes will end up with the record label for the life of the artist plus 70 years after their death (the U.K has 90 years). So if the artist is say 30 years of age when they write HIT A, then the copyright of that song will be owned by the record label for 120 years (assuming the artist lives to 80 years of age). Talk about securing their future. Now multiply BAND A or ARTIST A by all the millions of artists who are getting into deals where they sign away their copyrights.

SECURE the most talent and be a winner in the long run.

Has anyone noticed the large push from Frontiers Records in signing up talent past and present? Has anyone noticed how they are getting the Eighties legends to re-record their classics by creating modern forgeries and in the process handing over the copyrights to Frontiers? Has anyone noticed how they are getting all of these artists together for special one-off projects like Michael Sweet from Stryper and George Lynch?

Since managers and other entities are afraid to spend on artist, the ones that do so will win. If a label is not spending money, then they are not in the game. If they are not in the game, then they do not control any talent.

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

What a great idea? Give the fan a choice. Lessons from Dream Theater, Trivium, Shinedown, Protest The Hero, Coheed and Cambria

Does anyone in the music business know what works or doesn’t work when it comes to marketing a band?

For some reason, a lot of the parties involved still believe in a scorched earth marketing policy. That is where the said artist is promoted everywhere and on everything.

Will a corporate deal with a large newspaper or an online news site for an exclusive pre-album release stream help an act’s career in the long run?

Dream Theater went along this route for the “The Enemy Inside” launch, the “Along For The Ride” launch and the pre-album stream.

Three corporate deals that put money in the hands of the record label however what did it do for the band?

If you followed the band, you would have seen the comments on Facebook that when the launches happened, people in other countries couldn’t access the stream and frustration turned to anger. Of course within 24 hours the problem was fixed, however fans waited 24 hours. In the era of the World Wide Web. Geographical restrictions are old school.

In addition the album isn’t really setting the sales department alight. After a six week run, it is more or less obsolete and out of the conversation. Don’t believe, type in “Dream Theater self titled” in Google search and go to the news section.

Do TV and Newspaper ads work at all in 2013?

I rarely watch free to air TV and I rarely read Newspapers. Most of the stuff I do is online. I have an “online” life. So if I visit Loudwire, Noisecreep, Metal Insider or some other music site, I do notice ads on the side for new releases. However not once have I clicked on them or decided to hear a band because of those ads. So in my view, they don’t work.

What about YouTube plays and Spotify stream counts? This is what gets me interested. When I type in a band name into these platforms the first thing I normally play is the track with the most views/streams. These stats will help a band in the long run.

For example, Shinedown’s most streamed song is “Call Me”. The fans decided that is the song they can connect with the most. On YouTube, the fans have used that song as a soundtrack to their own video clips and the numbers are staggering.

It looks like a lot of big decisions in relation to the career of the artists are made on hunches or gut feelings by the record labels. This is ridiculous in 2013.

Labels are in this business to make money. They will be looking at what makes them money.

Trivium is on Roadrunner. Their latest album moved around 50,000 units in the U.S. Is it a dud? The label will probably use that stat and say it is. However, if you look at YouTube, you will see the video clip to “Strife” has 1,093,648 views. This has more than doubled “In Waves” that is sitting at 589,175 views. Hell, it’s even greater that Dream Theater’s “The Enemy Inside” clip which is at 891,939 views. Is the new Trivium album a dud now? Of course not.

Why?

People are listening to it. The numbers are there.

The labels flushed out Protest The Hero. The band then went the fan funding route. That route also gave them access to data. The data is a list of fans. Once an act employs a data model, they will start to get wins on the board. Once a band starts winning, others will gravitate to them.

On YouTube, the Underbite video has 137,339 views. The Clarity video has 163,773 views and the Drumhead Trial video has 250,972 views. For an independent band, those numbers are good.

Coheed and Cambria employed a data model with “The Afterman” releases? They put the focus on the deluxe packages. Those packages proved way too tempting to resist and guess what; thousands upon thousands of Coheed fans signed up to their modlife website and purchased. In the process, Coheed and Cambria made sales and gathered data of their hard core fans. That data list is close to 100,000 people.

With that Super Deluxe purchase, came the VIP Meet and Greet perk. So as long as you purchased a normal concert ticket, you had the VIP pass for meet and greets already and you could purchase another pass for a friend a discounted rate. What a loyalty program.

For example, I purchased “The Afterman” deluxe edition. A VIP pass came with this purchase. Then when Coheed and Cambria announced a Sydney show, I purchased two concert tickets at $66 each. Then I went on line and purchased another VIP pass for $15 for a friend of mine. This entitled us to early entry into the venue for either a special acoustic performance of one of the band members or a meet and greet.

Due to the large number of people that had this perk, it ended up being an acoustic performance. However, if the numbers were low, it would have been a meet and greet. The reason why the Sydney show was a success and the Australian tour in general was because Coheed and Cambria used data to connect with their fans.

Then the band used the data to promote special merchandise releases, Comic-Con appearances, video clip releases and side project releases.

Go on YouTube. Domino The Destitute has 1,295,151 views and Dark Side Of Me has 1,144,730 views.

Then the band promoted “The Afterman” live edition. This edition involved “The Afterman” albums plus a live CD. However, if a fan had purchased “The Afterman” CD’s before and all they want is the live CD, that was also available to them. All they had to do was log in to their account and pick what they wanted.

What a great idea? Give the fan a choice.

Instead we get the normal rubbish from the RIAA and the Record Labels, about how they are losing sales due to digital piracy.

Studies have shown that Peer To Peer traffic is now below 10%. It was 60% eleven years ago.

So 11 years ago, the only choice the fans had was to buy the expensive CD or to share individual tracks. Fans picked the sharing option.

However in 2013, people don’t need to pirate anymore because there is no need to. Whatever the fans want is available for free anyway, on YouTube, Spotify, Pandora, Grooveshark and so on. It has also become easy, which is something the labels have no idea how to do. Cough Cough “DRM” anyone.

Even when artists come out bemoaning piracy they fail to understand the shift that happened in the music industry. The fans decision to pursue single tracks instead of a whole album, changed the profits from a high-margin return to a low margin return for the label.

The Lie That Fuels The Music Industry’s Paranoia
http://www.forbes.com/sites/bobbyowsinski/2013/11/27/the-lie-that-fuels-the-music-industrys-paranoia/

Peer To Peer Traffic is Down
https://www.sandvine.com/pr/2013/11/11/sandvine-report-netflix-and-youtube-account-for-50-of-all-north-american-fixed-network-data.html

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Alternate Reality, Copyright, Derivative Works, Music, Piracy, Stupidity, Treating Fans Like Shit

Imagine A World With Copyright Terms Reduced To 40 Years..

Should songs still be under Copyright forty years after they have been released?

In Australia (as well as a lot of other countries) a copyright for a sound recording or a film lasts for the life of the creator + 70 years.

In my opinion this is ridiculous.

Is this what Copyright has become? A pension fund for the creator and their family members. Also with large Corporations technically owning a lot of the copyrights of creators, it is safe to say that Copyright has become a weapon to stifle creativity.

It is common for people to see that the purpose of Copyright as a means to compensate the creator of the content. Hell, that is what Wikipedia states as well, along with the large labels and movie studios . In fact, Copyright was never designed solely for this purpose.

In Australia it was stated that the purpose of Copyright law was;
…to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. On the other hand, as copyright in the nature of a monopoly, the law should ensure, as far as possible, that the rights conferred are not abused and that study, research and education are not unduly hampered.”

In the U.S, the Constitution’s clause on Copyright and patents states:
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (Article I, Section 8, Clause 8)

In today’s terms, both countries are saying that the purpose is to reward the creator and to ensure that maximum creativity is happening.

John Lennon didn’t sing imagine a world with reduced copyright terms however he should have.

Let’s just say that the copyright of a song is 40 years from when it was first released. To make the law even simpler, let’s just say that the 40 years starts from when the song is first released. So if the song is remastered 10 years later or released as a live version, it doesn’t matter. The 40 years starts from when the song is released.

That would mean that all songs from 1972 and before would have been in the public domain at the start of 2013.

That would mean albums from Led Zeppelin, Black Sabbath, Deep Purple, Eric Clapton, Cream, Rolling Stones, Yes, Pink Floyd and many others would be in the Public Domain.

Would that affect those bands in any way?

Would it affect the people who wrote the songs?

Lets look at Led Zeppelin. If copyright is 40 years from when the song was first released that would mean that Led Zeppelin I to Led Zeppelin IV would be copyright free. That means all of those songs are available to use.

Imagine all the music that would be created by building on the material. Image all the music that would be created by remixing, sampling and re-using the songs. All of those songs would available for people to re-record without any restrictions. It will not diminish the original songs in any way. It would give them a second life and a new audience.

Why should any creator in 2013 be stifled by over-reaching copyright laws when it comes to creating art?

The acts from the Sixties and Seventies, brazenly borrowed and built upon songs that already existed. Keith Richards even said that you can’t copyright the blues. All of those bands infringed heavily on other people’s copyright. However back then the Copyright monopolies didn’t exist, so it was okay.

Surely the 40 year monopoly that artists from the Sixties and Seventies have on the music they created is sufficient compensation for their creations. However copyright is still seen as a major profit line in the business model of artists. Since the Government and the large players have focused almost exclusively on monetizing via copyright, they will argue until they are black and blue any attempt to change copyright as they see change as an attack on their incomes.

Seriously, who do you think will be holding the copyright to the Led Zeppelin songs, 10 years after Jimmy Page and Robert Plant have passed. Trust me, it will not be the family members. It will be the corporations and the record labels. They will hold the monopoly on these songs. You can see it happening now with Disney and how they are stopping Mickey Mouse from entering the public domain by lobbying for longer copyright terms.

So what new songs would these corporations be creating by holding a monopoly on the copyright. The answer is simple. NOTHING.

Remember that Copyright was also designed so people are inspired to create more. So what has Jimmy Page created in the last 15 years. The answer is nothing. There is nothing wrong with that either, because he can rely on his copyright monopoly and issue box sets every 2 to 3 years. Since 1990, Jimmy Page has issued 13 box sets of Led Zeppelin’s seventies output. In 23 years, Jimmy Page has released the same music, over and over again 13 times.

Remember, copyright is to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. So what happened to the further creative works.

I love Jimmy Page and he is a huge influence on me. However, apart from the excellent Coverdale/Page project and his reunion with Robert Plant, his creative output has been poor since the start of the Nineties. Even in the Eighties, Jimmy Page’s output pales in comparison to Robert Plant’s recorded output and work ethic.

By the way did you see that BitTorrent traffic is down in the U.S? How can that be, especially when the labels and the movie studios are still screaming piracy and copyright infringement.

It’s funny what some innovation can do. That is how you compete today. You innovate, not stagnate. NetFlix and YouTube account for 50% of all net traffic.

However in Europe and other parts of the world, access to the latest films and TV shows is not as instant so unauthorised BitTorrent users continue to grow there.

The labels and their back-handed politicians will argue that their six strike policy is the reason why BitTorrent traffic is down. I would argue back that all that has done is increase the use of Dark Nets.

This is what the article said on that;
“The use of “dark nets” such as Tor and encrypted digital lockers is growing in popularity. These can be harder to track.”

So get ready for the next round of b.s from the labels and their lobby groups. We need Google to do more to stop copyright infringement, we need dark nets to be busted to save our children, we need cloud services stopped because they encourage racketeering and copyright infringement on a grand scale.

They will complain about everything, except innovate. Spotify wasn’t created by the music industry. Pandora wasn’t created by the music industry. iTunes wasn’t created by the music industry. The iPod wasn’t created by the music industry. NetFlix wasn’t created by the movie industry. Napster wasn’t created by the music industry. YouTube wasn’t created by the music business.

But the entertainment industries spin it like it was them that created these legal alternatives. The truth is they where dragged kicking and screaming into these new technologies.

BitTorrent traffic down: http://m.bbc.co.uk/news/technology-24911187

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

Time Is Working Against The Artist

It’s 1992. The labels are signing Seattle bands, left, right and centre while at the same time they are dropping hard rock and heavy metal bands left, right and centre. That is the power the record label had. Not only could they make an artist famous, they could also destroy an artist. You see when you control all the points in the distribution and marketing chain, you more or less control everything.

With the massive power that the major labels had, we always saw artist/s as famous. We always thought that once an artist was signed to a label deal, they had it made. It was a big misconception.

Fame for an artist in most cases meant a large advance that had to be recouped by withholding royalty payments. That is why record label accounting gets messy and it cannot be trusted.

So in 2013, things have changed dramatically. With this change, the power is still with the major record labels. They gathered enough power during the Eighties and Nineties to be a force to be reckoned. Then in the Two Thousands the massive mergers and takeovers happened, further enhancing the power of the record labels. Then in order to allow digital start-ups, the record labels did one of three things; charge high licensing fees or litigate the start-up to bankruptcy or negotiate a large ownership stake in the start-up.

So even though the internet has lowered the barriers of entry, without the money and power of the label behind the artists, there is a pretty good chance, the artist would probably go unnoticed. Remember 4 million songs haven’t even been listened too on Spotify.

So when certain artists are complaining about a low royalty payment, maybe that is the royalty payment that is relevant to the niche the artist is in. Maybe it is a royalty payment that they have earned. You don’t see a current household name complaining. It’s because they worked hard at obtaining a certain thing called leverage.

Digital distribution offers an artist new audiences in places where brick-and-mortar stores would be impossible or unsustainable, like foreign countries or rural areas. The end result is growth across the board, both physical and digital provided that the artist gets noticed.

So is piracy that bad for an artist who is trying to get traction?

The majors and the mainstream journalists attached to news outlets operated by media moguls have done a great job selling the “one pirated item equals one lost sale” statistic and the “illegal downloading (piracy) is theft” argument. It is a statistic that rights holders, lobby groups and misguided artists exaggerate and it is a statistic they use to either kill off innovation or to stifle innovation.

Piracy (better known as copyright infringement) is basically one person (A) copying something of value that another person (B) owns. This leads to a situation that has both people (A and B) having a copy of the same item.

So it is safe to say that one pirated item is not theft. Theft is basically one person (A) taken something of value that another person (B) owns, which means that Person (B) no longer has the item.

So let’s assume that piracy spreads the artists’ material to places that are unknown to the artist and the people who download the music might become a fan and share their thoughts with others. They could even go to a show or they could go and purchase the next album or the artists back catalogue. There are a lot of could’s in the above theory. However the music business is all based on could’s.

For example, in the heyday of the record labels, this is how the above would have panned out.
Let’s assume that a record deal spreads the artists’ material to places that are unknown to the artist and the people who hear the music on radio or MTV might become a fan and share their thoughts with others. They could even go to a show or they could go and purchase the next album or the artists back catalogue. As you can see, the heyday theory also holds a lot of could’s.

Of course the difference is the money. The labels once upon a time threw money at artists and provided tour support. Today, the labels only go for the sure bet and 360 deals.

From a fan perspective, the main thing working against the artist today is time. Why would a music lover want to invest their time in an artist? I recently invested a lot of time in the TV show “Sons of Anarchy” because knowledge of the show was being shared at work and I wanted to be part of the conversation. I invested a lot of time in the show because fans of the show shared their thoughts with me. They convinced me that I needed to watch it.

One thing is certain in 2013. We move on fast. Look at the Top 10 lists of pirated movies that TorrentFreak publish each week. It’s always changing and very rare for the same movie to be at number one for two weeks in a row. Look at the Top 10 of the Charts published by each country. The artists in the list are always changing.

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

Talking About Riffs – Progress Is Derivative (The Non-Metal Version)

Okay so what do we know.

We know that Robin Thicke released a song called “Blurred Lines” that ended up going nuclear all over the world. That means a lot of dough to share around.

We know that the family of Marvin Gaye have lawyered up with King and Ballow to sue Robin Thicke and song publisher EMI April/Sony/ATV for copyright infringement.

They claim that Robin Thicke committed copyright infringement on Gaye’s “After the Dance” to create his song “Love After War.”

They also claim that Thicke’s “Make U Love Me” shares a similar bridge and identical lyrics to Marvin Gaye’s “I Want You.”

They also claim that “Blurred Lines” was stolen from Gaye’s “Got to Give It Up”. To muddle the waters even more, allegations also abound that “Blurred Lines” was also derived from Funkadelic’s “Sexy Ways.”

It is pretty obvious that the family of Marvin Gaye don’t care about derivative progress. All they care about is money. This is not about protecting Marvin Gaye and his legacy. A legacy is protected by people and fans of music. By simply having the conversation that “Blurred Lines” sounds similar is proof that Marvin Gaye’s legacy is protected.

Listening to “Blurred Lines” and reading the reviews of the song, you know it got me interested to check out Marvin Gaye and that is what matters in today’s times. Are people listening to the music?

Of course this lawsuit isn’t just about copyright infringement. There is an argument put forward against EMI, about how they strong armed the Gaye family, about how they planted false stories in the media, about conflicts of interest (due to EMI controlling both copyrights), about professional misconduct and breaches of contract

Of course the argument put forward by Thicke and EMI is that the genres of the songs are the same however the notes are different and as far as they are concerned no infringement occurred.

Regardless of how people view this argument. One thing is clear.

The family of Marvin Gaye have been ill-advised. Even if they win the lawsuit, they still lose “financially” in the long run.

The only financial winners here are the attorneys.

The Gaye family will lose out in the long run because artists will stop referencing Marvin Gaye. Once people stop referencing Marvin Gaye this will then lead to people not talking about him. He will be absent from the conversation. The only reason why this has all come up, is that people have talked about the similarities. The Gaye family even used those conversations as part of their counterclaim.

So once people stop talking about someone, in time that person/artist will be forgotten.

The shenanigans carried out by the Gaye family is a far cry to what happened to Bobby Parker. For those that don’t know, Bobby Parker was a blues rock guitarist that passed away recently at the age of 76. He wrote a song called “Watch Your Step” in 1961. The song was a hit on both sides of the Atlantic.

The Beatles hit, “I Feel Fine” released in 1964 had that riff. The influence of “Watch Your Step” also extended to “Day Tripper” as well. John Lennon even stated that “I Feel Fine” and “Day Tripper” were songs built on variations of the “Watch Your Step” riff.

Led Zeppelin used the riff in “Moby Dick” released in 1968.

However, in order to show the progress is derivative effect in action, the “Watch Your Step” riff evolved from the Afro-Cuban jazz composition “Manteca.” That is what music is all about. Evolution by derivatives.

However, Bobby Parker reaped few rewards from the song’s success as he sold the copyright to V-Tone records owner Ivan Mogull for next to nothing. In other words, he didn’t know enough about copyright and he got shafted. Sound familiar. Labels shafting artists.

So all you artists that sign record deals remember this. The label owns your copyright. And guess what the labels are pushing for. Long copyright terms. Look at the massive expansion of the “Duration of Copyright Term” between 1910 and 1998. Just at the time that movie studios and record labels started to appear. Just at the time that the RIAA and the MPAA started to appear and become lobby powerhouses.

At the moment, in the US it is sitting over 100 years due to the 1998 Sonny Bono Act. To top it all off, the Copyright monopolies want longer terms. Longer terms means that our culture is all locked up. The whole point of copyright was to serve and benefit the Public while giving creators a short-term monopoly on their creations. There is nothing that is coming off copyright because Corporations own the majority of the copyrights.

Talking about riffs, what about that riff in “I Want A New Drug from Huey Lewis and the News. It was a hit twice. Once for Huey Lewis and the News and another time for Ray Parker Jr., with “Ghostbusters”!

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

One Thing Cannot Be Disputed; Those Artists Who “Steal, Copy, Imitate” Are The Most Successful

So you are one of those artists that has a song or a few songs in the list of 4 million that haven’t been streamed yet on Spotify.

Then you hear a song that sounds very similar to your song.

Do you scream “theft” and lawyer up, preparing for a court case that you don’t have the funds for?
Do you just shrug your shoulders and move on?
Do you send the artist an email and ask him to acknowledge you as a songwriter to their song?
Do you use the fame of the current song to bring attention to your song?

I am sure in 90% of the cases, everyone will do the first part. Everyone will scream theft and then they will start a long and expensive court process. If the publisher controls the copyright, then this will happen 100% of the time.

Since the Copyright industries have grown into Corporate monoliths, it is suddenly uncool for an artist to use previous works as influences for further works. Even the audience of certain bands weigh in on the argument, calling certain bands rip offs and so forth.

However, one thing cannot be disputed, those artists who “steal” are the most successful. Those who “imitate” are the most successful. Those who “copy” are the most successful.

Led Zeppelin built a career on copying blues and folk standards.

Metallica built their career by copying their NWOBM influences and many others.

Oasis built a career on copying from “The Beatles”.

The Beatles built a career on copying from blues and rock standards.

Coldplay has built a career on the “progress is derivative” model.

Bon Jovi has built a career on re-writing their hits. Seriously, if you look at their catalogue, “Living On A Prayer” has been rewritten for every album that came after “Slippery When Wet.” New Jersey had “Born To Be My Baby”. Keep The Faith had the title track. Crush had “It’s My Life”.

In the rock and metal worlds let’s look at the songs burning up the rock charts.

Five Finger Death Punch – “Lift Me Up” has a vocal melody in the verses similar to “The Ultimate Sin” from Ozzy Osbourne. A lot of people call it theft, I call it influence. Imitation is a form of flattery. The song is getting the plays. People are paying attention and that is what artists want.

It is not about sales anymore, it is about listening. Are people listening to your music?

Avenged Sevenfold – the whole “Hail To The King” album copies from other artists who of course copied from other artists for their own music. Again, a lot of people call it theft, I call it influence. Imitation is a form of flattery.

Megadeth paid homage to Black Sabbath’s, “Children of the Grave” in their new song “Kingmaker”.

Alter Bridge also paid homage to Black Sabbath’s “Children Of The Grave” and Ozzy Osbourne’s “Revelation Mother Earth” in the solo section of their song “Fortress”.

Continuing on with Alter Bridge, the song “The Uninvited” has a strong resemblance to Tool’s “Schism”. Do these odes to their influences make them unoriginal? No chance. The “Fortress” album is a great showpiece in technical riffage and great melodies.

Airbourne is making a career referencing AC/DC.

Motley Crue borrowed from Mountain’s “Mississippi Queen” and Stevie Wright’s “Eve” for their song “Sex”.

Black Sabbath copied from their own past to create ’13’. “The End Of The Beginning” is basically the song “Black Sabbath” re-written again in 2012

Call it the Rick Rubin effect. He even convinced Metallica to rewrite their earlier albums for 2008’s “Death Magnetic.”

Dream Theater even borrowed from the Rick Rubin effect. They got some flack on “A Dramatic Turn Of Events”, as the songs followed a similar structure to songs from “Images and Words”. Dream Theater did do a great job at masking it, as the songs do come across as independent “stand on their own” compositions, however the hard core fans will pick up the references to their earlier material.

The next time a person is creating their little masterpiece and it sounds like something that is known before, don’t abandon it. Chances are it will connect with millions.

It is a shame that we have a generation of people that have grown up with a belief that music is created in a vacuum and they decide that legal threats is the best way forward. When Balance Sheets are affected, these industries will do anything to hold on or maintain their profits.

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

The “While My Guitar Gently Weeps” Effect – Another Progress Is Derivative Example

The history of metal and rock music occurred because of some serious copying. My favourite saying has always been that all “progress is derivative.” What I mean by this term, is that all the music we love is an amalgamation of music that has come before. In a lot of the cases, this amalgamation involved some serious copying. To use a common term that is banded about today, the history of music as I know it involved a lot of “stealing.”

Previously, I posted on “The Kashmir Effect” in hard rock and heavy metal music. This was my take on the legacy that the Led Zeppelin song “Kashmir” had on hard rock and heavy metal.

In this post, I am focusing on that descending bass line that I first heard on the George Harrison penned “While My Guitar Gently Weeps.” The way that it descends is that it goes down by a whole tone first and then four semi tones in a chromatic progression. So if the song was in the key of Am, then the progression would be A – G – F# – F – E

Since the Sixties, that descending passage has appeared in countless songs that are all seen as classics in this day and age.

Recently it was “Trial Of Tears” from Dream Theater that triggered this study into the descending bass line.

So where do we begin. The beauty of progress in music never begins in one place. It begins in many places and then there is always a creator or an artist that starts to bring it all together.

In one instance, it all started in the fifties when an unknown folk singer by the name of Anne Bredon wrote a song called “Babe I’m Gonna Leave You.” By 1962, Joan Baez had popularised the song.

In another instance, in 1966, an American band called The Loving Spoonful released a song called “Summer In The City”, that had a verse riff in the key of Cm that descended.

Also in that same year, a British band called The Kinks released “Sunny Afternoon.”

Both songs have a lot of similarities, especially that descending bass line. Back in those days it was common for artists to release similar sounding songs across two continents, or for artists to cover a song that was popular on one continent and unheard of in the other.

In 1967, the mighty Cream released “Tales Of Brave Ulysses” another “progress is derivative” gem that featured a similar bass line to The Lovin’ Spoonful’s “Summer in the City” and a vocal melody inspired by Judy Collins’ version of Leonard Cohen’s “Suzanne.”

Then in 1968 came “While My Guitar Gently Weeps” by The Beatles with a definitive guitar solo from Eric Clapton, who had more or less worked out a similar solo the previous year on the “Tales Of Brave Ulysses” song.

So at this point in time, you have two separate stages of music happening. The US “Babe I’m Gonna Leave You and Summer In The City” stage and The British “While My Guitar Gently Weeps” stage.

In 1969, another British band by the name of Led Zeppelin took these two stages and merged them together in their re-interpretation of “Babe I’m Gonna Leave You”. A perfect example of progress being derivative.

That is how the language of music is learned. We imitate our influences. Some will call it “theft” and others will call it “inspiration.” In the end, there is a saying that goes something like “Talent Imitates, True Genius Steals.”

However, the “While My Guitar Gently Weeps” effect doesn’t end there. An American band called Chicago more or less copied the aggressive part of Led Zeppelin’s version of “Babe I’m Gonna Leave You” for their song “25 or 6 to 4.”

It was just another song that proved successful using the same descending bass line that I will always know as the “While My Guitar Gently Weeps” bass line.

So moving on, in 1971, The Grass Roots released “Temptation Eyes”. Another song that proved successful that was tied up with the descending bass line and the “Summer In The City” groove established years earlier.

Culture is all about emulation. Copyright is about governments intervening and this is when Copyright started to become a force to be reckoned with.

Up until 1971, music culture had 11 years of unbelievable progress by copying what came before and making it better. Look at the quality of music released around a descending bass line.

It didn’t end there. I am sure there are many other examples in between, however to my knowledge the next time the “While My Guitar Gently Weeps” effect was heard occurred in 1975. At this time Styx released “Suite Madame Blue.”

The Eighties had a real pop element to it.

Then in 1993, I purchased an album called “Countdown To Extinction” from Megadeth. The opening track, Skin Of My Teeth had a chorus riff that reminded me of The Beatles classic. Dave Mustaine was well known for taking his influences from the Seventies and converting them to thrash and metal music. He even got a mention for the Kashmir influence in the song “In My Darkest Hour.”

Then in 1995, Oasis released “She’s Electric” and there it was again. The “While My Guitar Gently Weeps” effect was in action again in the Nineties after going largely unnoticed in the Eighties.

Green Day then released “Brain Stew” in 1996 and there it was again, the definitive descending bass line.

The following year, 1997 saw two releases that had the “While My Guitar Gently Weeps” descending bass line. This time is was progressive masters, Dream Theater and their song “Trial Of Tears”. Pop rock band Texas also had a song called “Black Eyed Boy.”

Remember songs are not created in vacuums.

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

Create The Undeniable Song – It Will Sell

I am listening to “Are You Gonna Go My Way” today, the third studio album by American rock musician Lenny Kravitz, released in 1993.

It’s funny that after all this time I still like only 3 songs from the CD, which are “Believe”, “Sister” and “Are You Gonna Go My Way” in that order. There is also a track called “All My Life” that appeared on some bonus CD’s or as a B-side that is also up there. However, to hear all of the songs mentioned, I had to purchase the record label “promotional tool”; the good ol’ expensive CD.

That is why the album went multi-platinum everywhere.

Consumers of music had to purchase 10 to 14 songs, just to hear 4 to 5 songs. Of course we could have purchased the singles, however at $7 a single (that was the price in 1993), why spend $14 on two songs, when for $20 (on sale) or $27 (as a new release) you could buy the album.

I actually purchased the album for the song “Believe”. That is a great song and a dead sit hit in my book. When that lead break cuts in at the end, along with the strings, it’s goose bumps all the way.

The album went Gold (U.S) in May, 1993, three months after its release. By June, 1993, it was certified Platinum (U.S). By January, 1995, it was certified 2x Multi-Platinum. If you look at Kravitz’s most recent certification, it is for a single. How times have changed?

I don’t want to pay for a batch of songs I don’t like anymore. I didn’t used to be this way. I lived for music.

Misguided people think that piracy ruined the recorded business. What they don’t realize is that most people didn’t want the album/CD. People wanted that unique track. When the CD came and the record labels started charging us a fortune for it, albums suddenly became very long.

Instead of getting 35 to 45 minutes of music every year, we started to get 50 to 70 minutes of music every two to three years.

So the recording business saw the large profit margins and just kept on marching along with the overpriced CD’s business model, using MTV to push and promote the artists. So when people got the option to download, to cherry pick what they wanted to hear, a whole new market place was born.

We didn’t have to pay attention to what the major labels pushed on us anymore or any other label for that matter, because we started to have options. Today, we have options galore. That is why there will not be any super stars like there used to be. Competition in the market place diluted the record sales.

When I see artists like Thom Yorke and Nigel Godrich complaining about Spotify, I just shake my head. Thom and Nigel have to be real damn great just to have a little bit more than a tiny audience today. The old paradigm of fans purchasing CD’s that had a lot of filler because very little content was available is over.

To stand out today, artists like Thom and Nigel have got to be incredible. Protest The Hero went via Indiegogo to raise funds for “Volition”. Their goal was $125K and they ended up getting over $341,146 USD from a fan base of 8361 fans. I gave $50. A small audience that was happy to spend money.

The report from the “London School of Economics” called “Copyright & Creation: A Case for Promoting Inclusive Online Sharing” hits the nail on the head. Online piracy is not hurting the music industry. It has put a dent in recorded music sales, however that was inevitable with the shift in technology, the over saturated marketplace and the years of fan abuse by pushing overpriced CD’s. It’s simple economics. There is so much supply and the fans of music demand only what is great.

There is an argument from certain song writers that since people began downloading music without paying, royalties for them have dried up. Some have even had to take full-time jobs. Big deal is what I say. If you are a songwriter, then write more songs and better ones. Copyright was never designed to be a pension fund.

The bottom line is this – if the artist creates that undeniable song, they will have no problems selling it. The song will sell itself. I parted with $27 back in 1993 for the song “Believe.”

Looking at all the certifications around the world from the industry bodies, one thing is certain. The singles are dominating. So all those metal and rock bands spending years and dollars on a long player are doing it wrong.

Even Metallica now, have single Platinum certifications from songs that were released on their first five albums.

The following songs were given a GOLD certification by the RIAA (U.S) on December 13, 2012.

  • For Whom The Bell Tolls
  • Fade To Black
  • The Unforgiven
  • Master Of Puppets
  • Nothing Else Matters
  • One
  • Enter Sandman (was also given a Platinum certification for both digital and physical singles)
  • The Day That Never Comes
  • Until It Sleeps

Five albums are presented in the above list that ranges from 1983 to 2008.

We don’t need new laws to provide better protection for artist copyright. We need artists to create great tracks. We need laws that reduce copyright and puts the focus back on the Public Domain.

We don’t need to encourage internet service providers to make their customers do the right thing. We need to give customers a reason to buy.

If the customers have that reason, then they will buy.

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