Category Archives: Copyright

Classic Songs to Be Discovered, Copyright, Influenced, Music, My Stories, Stupidity, Treating Fans Like Shit

The Great “Bark At The Moon” Song Writing Controversy

Coming into the “Bark At The Moon” sessions, the Blizzard of Ozz band was in disarray. Bob Daisley and Lee Kerslake got fired before “Diary of A Madman” was released and in the process they had their credits removed from the album. The other driving force, Randy Rhoads died tragically when the plane he was on crashed into a mansion and burst into flames on March 19th, 1982.

Ozzy Osbourne as usual was at his drunken best and after delivering the “Speak/Talk Of The Devil” album, he was free from his Jet Records contract, ready to sign a major label deal with CBS.

Jake E Lee joined Ozzy’s band during the “Speak of the Devil” tour. The band at the time consisted of Tommy Aldridge on drums, Don Costa on bass and Lindsay Bridgewater on keyboards. Once that tour ended, the song writing process began for the next album.

This is what Jake E. Lee had to say on the song writing process in a recent interview with the Ultimate Classic Rock website;

Well, most of that was really me and Bob Daisley. Because Ozzy would show up and kind of play around with songs. I remember that I had the riff for ‘Bark at the Moon’ and I played that, and he said, “Oh, I love it — we’ll call that one ‘Bark at the Moon,’” because he already had the album title in mind. So he said, “That’s the one that’s going to be ‘Bark at the Moon.’” He’d come in with things like that and then he’d drink, and he’d either pass out or leave, which left just me and Bob. We’d stay in the studio and flesh out the songs. It was fun working with Bob. He wrote all of the lyrics, [and he’s] a great lyricist. So yeah, me and Bob, we had a good working relationship. It was fun doing that record.

Bob Daisley told his story to the Bravewords website in the following way;

“You see Ozzy and Sharon were trying to get me to agree to get rid of Lee (Kerslake) and get Tommy Aldridge in the band. I kept on saying no, it’s not broken, so let’s not fix it. Lee (Kerslake) was working fine. So they got rid of both of us. But a few months later, Sharon phoned me and asked me to meet her in London for a chat. She said that Randy wanted me to come back and that they wanted to do a third album. So I was supposed to do an album with Randy, Ozzy and Tommy Aldridge. It was all planned that I was supposed to do the third album, which I did but not until 1983 but was supposed to be in 1982. Obviously Randy was not a part of it and it ended up being Jake E Lee. Everything was postponed when Randy left us.”

That postponement meant that Dan Costa was playing bass on the 1982, Winter/Spring European tour. Eventually, Ozzy got fed up with him, punched him in the face, breaking his nose and firing him all in one swoop. The call went out to Bob Daisley again to do the US Festival gig and then the third album.

The US Festival attendance figure varies however it is safe to say that the attendance was somewhere between 350,000 to 450,000 people. The US Festival was the Metal’s world “Woodstock”.

From May 29, 1983 up until 1992, metal and rock ruled. Coming into the US Festival, Bob Daisley had a week to get himself re-acquainted with the songs. In typical rock star fashion, Daisley flew in to L.A, went straight to rehearsal from the airport with some series jet lag. After another rehearsal the next day, he walked out on stage to play to a sea of people on the third day. The bands that performed on the Heavy Metal day included;

Quiet Riot
Mötley Crüe
Triumph
Ozzy Osbourne
Judas Priest
Scorpions
Van Halen

The US Festival (sponsored and orchestrated by Apple’s Steve Wozniack) was a pivotal moment for all of the metal bands involved.

Quiet Riot’s “Metal Health” was released on March 11, 1983 however it didn’t really do anything. The album then started to take off after the US Festival in May 1983 and after the release of “Cum On Feel The Noize” as a single in August 1983, it exploded.

Motley Crue already had some momentum going with “Too Fast For Love”. The U.S Festival helped cement their status as Sunset Strip favourites and when “Shout At The Devil” hit the streets in September 1983, the momentum became a tidal wave to platinum glory. Motley Crue played the perfect set, including a few of the new songs that would appear on “Shout At The Devil”, so as a concert goer, if you heard those songs and liked them, you more or less would go out and purchase the album that has them them.

Triumph, Scorpions and Judas Priest already had some serious momentum going.

1981’s “Allied Forces” for Triumph was a success and the follow-up “Never Surrender” released in January 1983 was no slouch either and it was certified Gold on September 30, 1983 by the RIAA. Isn’t it funny what a festival in May of that same year did to boosting sales.

Judas Priest had their 1982 “Screaming For Vengeance” album doing the rounds and in April 1983 it was certified Platinum in the U.S.

Scorpions had their 1982 album “Blackout” out in the market and their visibility at the US Festival in May 1983, assisted in “Blackout” reaching Platinum status in March 1984. Also in March 1984, “Love At First Sting” hit the streets with the worldwide smash “Rock You Like A Hurricane” further cementing the band’s status as superstars. This success didn’t come instantly either, as the Scorpions had been working since the start of the Seventies.

Van Halen at the time were kings of LA however their last album “Diver Down” didn’t do them any favours. The visibility from the May 1983 festival along with Eddie Van Halen featuring in Michael Jackson’s “Beat It” song would help their “1984” album released in January 1984 reach the lofty Diamond certification.

Ozzy Osbourne on the other hand was a very different place in his career. He had the momentum with the Blizzard Of Ozz band and then started losing that momentum when Sharon and Ozzy fired Bob Daisley and Lee Kerslake. With the death of Randy Rhoads, all of that momentum was totally lost. So the US Festival was an important moment for Ozzy Osbourne’s career.

For Daisley, coming back into the fold after he played the U.S Festival meant that he came with conditions this time around. Two of the conditions he stipulated was to be paid for writing the songs and to be paid to play on the album. Other conditions that he stipulated was to get bonuses when the sales reached a half a million and then a million and so on. However, as usual, he got screwed again and no bonuses came. Of course when the album was released in November 1983, by January of 1984 it was certified Gold in the US.

So after the US Festival in May 1983, Bob Daisley, along with Jake E. Lee, Tommy Aldridge and Ozzy Osbourne went to New York and started writing. Writing continued in London and recording started at Ridge Farms with Max Norman Engineering and producing again. The rest of the album was finished at The Power Station back in New York in 1983. The reason for the change was that Ridge Farm Studio was losing money at that point. In typical Osbourne fashion, the favourite Tommy Aldridge struggled in the studio, with Sharon Osbourne constantly on his case as to why the drum parts were taking so long. So after Aldridge recorded the album and just before the tour, he got fired.

That is when Carmine Appice entered the fold. Appice appeared in the “Bark At The Moon” video and had a contract to do the tour. Eventually he got fired from the tour as well due to him sneaking off and doing drum clinics, which infuriated Sharon Osbourne, especially when he would come back late for sound checks.

This is what Bob Daisley had to say on the matter in an interview on the Classic Rock Revisited website;

“Sometimes he (Appice) would throw extra things into the songs that shouldn’t be there just to show his pupils that he gave free tickets to after doing the clinics. He got a little carried away with himself but it was wrong for Ozzy and Sharon to get rid of him because he had a contract to do that tour. They should have ironed out the problems but what do they do? They get rid of him and bring Tommy Aldridge back and I think it was a mistake. Carmine sued them and he won.”

How many law suits would the Osbourne’s face that all could have been avoided if they were fair to the musicians that really made Ozzy Osbourne’s solo career. Let’s get one thing out-of-the-way. The mix is horrible. Thank Tony Bongiovi for that.

“Bark At the Moon” was a title that Ozzy came up with. Ozzy mentions it and both Jake and Bob agree with it. Jake E. Lee came up with the riffs and Bob Daisley wrote the lyrics about a beast that comes out in a full moon.

I love the lyrics in “You’re No Different.” Bob Daisley has stated that it was Ozzy’s title and that Ozzy wanted the song to be about people judging and criticizing him.

Look at yourself instead of looking at me
With accusation in your eyes
Do you want me crucified
For my profanity

Concealing your crimes behind a grandeur of lies
Tell me where do I begin
If you think you’re without sin
Be the first to cast the stone

Living my life in a way that I choose
You say I should apologize
Is that envy in your eyes
Reflecting jealousy

Tell me the truth and I’ll admit to my guilt
If you’ll try to understand
But is that blood that’s on your hand
From your democracy

The lyrics to the song “Now You See It (Now You Don’t)” were composed by Daisley and were aimed at Osbourne’s wife and manager Sharon Osbourne. However Ozzy and the rest assumed the song was about sex. Even Bob Daisley stated once that the song is about hiding a sausage.

For the song “Rock N Roll Rebel” this is what Bob Daisley had to say about it on his website;

Ozzy’s title and another one about him being accused of being a devil worshiper. Some of the lyrics were his too but about 90% were mine.

“Centre of Eternity” or “Forever” was Bob Daisley’s title and lyrics. As Bob stated, it is a “tongue-in-cheek philosophical look at ‘time’ and our existence in eternity.”

“So Tired” to me was a great song. Jake E Lee hated the orchestra in the song. Bob Daisley has stated that it was his title and lyrics. On his website, this is what he had to say about the song;

Something quite unusual for me to write – a love song. The idea came from a Kinks’ song I heard on the radio one night driving back home from Ridge Farm. Their song was called ‘Tired of Waiting’ but that’s where the similarities end.

“Slow Down” is a Bob Daisley title and all lyrics are by Daisley. This is what Bob Daisley had to say about the song;

Inspired by The Beatles’ song of the same name but again, that’s where the similarities end, the lyrics are very different. I remember Jake E. Lee particularly liked this one.

“Waiting for Darkness” to me is a favourite. It is Ozzy’s title however Bob Daisley wrote all the lyrics.

This is what Bob Daisley had to say about the song;

I wrote it about the hypocrisy within organized religion, the brainwashing, mind control, paedophilia and manipulation through guilt, and that if that’s what equates to the ‘light’ then I’ll wait for the ‘darkness’. When Ozzy was asked what the song was about during his interview with ‘International Musician’ magazine, mentioned earlier, his answer was, “A witch.” It seems he didn’t understand the lyrics I’d written and he’d sung, although he took credit for writing it.

“Spiders” was a Bob Daisley title and lyrics.

This is what Bob Daisley had to say about the song;

When we were recording ‘Bark’ at Ridge Farm, there were hundreds of little spiders everywhere. They were harmless but the glut of them inspired the song idea. I turned it around at the end with ‘the spider’s in your head’…

“One Up the B-side” is Bob Daisley’s ode to anal sex and the title and lyrics are all his.

In relation to the music, Jake E. Lee has said that he would come up with riffs and the ones that got the nod of approval ended up into songs.

On the Ultimate Classic Rock website, Jake E . Lee is asked the question if he went into the making of the “Bark At The Moon” record knowing that he would not be getting any writing credits. He answered that question with a simply “No”.

This is what he had to say on the matter;

“I was promised that I would get [credit]. Because I was young and I was in the middle of Scotland recording, I didn’t have a manager or a lawyer — it was just me. From the beginning, every musician, it’s always hammered into them, “Keep your publishing” and “Keep your writing.” So those were the only conditions that I had was “OK, I’m getting song writing credit, right?” I was always assured that “Yes, I’m getting publishing — of course you are!” When I didn’t on the first record, it was upsetting. But I figured OK, what am I going to do? I got freaked — what am I going to quit? We’re about to tour on a record that I finally got to make. There’s no problem for Ozzy to find another guitar player — am I just going to be that guy that played on that record, didn’t even get credit on the record and then refused to tour because I had a problem with Ozzy? No. I had to go out and tour. It would have been stupid not to. So I was only able to put my foot down at the end of the tour. “Let’s make another record” and I was like, “OK, but this time, you know what? I want the contract first before we start recording. I don’t want to be a dick, but I don’t want to get freaked again either.”

A lot of people think that Ozzy wrote a lot of the lyrics. Ozzy has led people to believe that. In interviews Ozzy has always stated, “when I wrote that”. It is all lies.

This is what Bob Daisley had to say on the matter, in an interview on the Classic Rock Revisited website;

“The Osbournes won’t recognize or admit it’s true. They dislike the fact that, through my lyrics, I had a big hand in creating the magic and image that is Ozzy Osbourne. They’ve always tried to hide that. I remember at the time of Bark At The Moon, Jake E. Lee’s song publishing and mine had some complications. So we opted for a buyout and that’s why it says – ‘All songs written by Ozzy Osbourne.’ This of course, is not true. Ozzy did an interview with International Musician magazine, back in ’83 or ’84, they asked him how he wrote those songs and he said ‘with one finger on a piano.’ What a joke. The whole thing was ridiculous. Most people take it for granted that if someone is singing lyrics, that they wrote them.”

Now Bob Daisley got a buy out for “Bark At The Moon”, however it looks like Jake E.Lee got really screwed over for this release. There are no royalty checks for the songwriting and no publishing monies either. Let’s hope the Osbourne’s can sleep well each night, considering that a couple of million from the hundreds of millions that Ozzy is worth could right their wrongs.

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

The Ballad Of Bob Daisley

The music business is tough. Regardless of the opportunities that the Internet has given to creators, it is the rich that still control the business. The term rich these days can range from executives to artists. For those artists that played the game and succeeded, kudos to them. For those artists that played the game, succeeded, lost it all and re-succeeded, special kudos to them.

However as time passes, the artists and executives that have come out on top start to rewrite history, trumping up their roles in previous events in order to suit their point of view and positions of power in the present day.

The wife of Peter Criss has called his biography “full of lies”. Tom Werman has disputed events in Nikki Sixx’s “The Heroin Diaries”. Dee Snider even disputed the authenticity of an heroin addict keeping a diary.

However, what happens when an artist in a position of power at the moment, does their best to undermine the work of previous people in their career. One such case is Ozzy Osbourne and his partner in crime Sharon Osbourne.

Has anyone heard of the “Whigs”? The whiggish view on history is a view which holds that history follows a path of inevitable progression and improvement and which judges the past in light of the present. They fail to look at other factors and failures or other paths that where taken.

This is what the Osbourne’s have done to Bob Daisley. They are trying to re-write history to show that Ozzy Osbourne himself was the main reason why his solo career progressed. They are omitting important facts that when Randy Rhoads and Bob Daisley signed on, it was always spoken of as a band. They are omitting important facts that the band was actually called Blizzard Of Ozz. They are omitting important facts of Ozzy punching Randy, because Randy didn’t want to do a live covers album of Black Sabbath songs. Most importantly, they are omitting the main fact, that Bob Daisley served as the lyricist for the band for six albums.

The first slap in the face of Bob Daisley and Lee Kerslake was the “Diary of A Madman” album. On the sleeve, Rudy Sarzo is credited as playing bass and Tommy Aldridge is credited as drummer, however both people have come out and said that they didn’t play a note on the album. Bob Daisley and Lee Kerslake played on the album, however they are not credited. That is why a dispute occurred. It is in relation to unpaid performance royalties.

In 1986, Daisley and Kerslake took Jet Records and Don Arden (Sharon’s father) to a London court. Of course they won the case, and they thought that they would get their royalties and that “Diary of a Madman” credits would be changed. It didn’t happen. Having had a long relationship with Ozzy, he still believed that it would be sorted out. Promises were made, however nothing changed. His life was threatened when he asked about his royalties.

Unbeknown to Daisley was that Ozzy and Sharon had bought the rights to Ozzy from Don Arden and Jet Records in 1983.

If Daisley was not good at what he did, why would the Osborne’s call him back to write lyrics and music for “Bark At The Moon”, “The Ultimate Sin”, “No Rest For The Wicked” and “No More Tears”.

Daisley was constantly ignored, until he took the Osborne’s to court for unpaid performance royalties for the “Blizzard Of Ozz” and “Diary Of A Madman” albums. In response to that, the Osbourne camp removed both Daisley’s bass and drummer Lee Kerslake’s parts from the new re-issued versions of Blizzard and Diary, opting for Ozzy’s current drummer (Mike Bordin from Faith No More) and bass player (Rob Trujilo now Metallica) to record their own parts onto the CD. This happened for the 2002 re-issues.

However in 2011, the original tracks were reinstated for the 30th anniversary issue.

Entertainment attorney Steven Machat, who was involved in the deal Osbourne signed with Jet Records, said in his 2011 book “Gods, Gangsters and Honour: A Rock ‘n’ Roll Odyssey” that Osbourne’s soon-to-be manager and wife Sharon Arden was not happy with the level of creative input Kerslake, Rhoads and Daisley had in the “Blizzard of Ozz” album and did not want them to share the credit.

As a songwriter I have had people that were not even in the band when the song was created put in song writer percentages claims on songs. Those songs I also had registered years prior. It is a frustrating and unregulated process, where the onus was on me, the main songwriter to prove that I was the sole songwriter, while the fraud claimers on my songs just sat back. Because, they didn’t care. If I couldn’t prove that they were my songs, then they get a credit for something they didn’t do. If I could prove that they were my songs, then they just lied a bit more, until they lost interest. So I can feel the frustration and disappointment that Bob Daisley would have felt being written out of Ozzy’s history as merely a session player.

Especially when you look at the plethora of information out there that clearly states that Ozzy’s post Sabbath project was a band. All of the Randy Rhoads material written after his death states the same, Bob Daisley and Lee Kerslake state the same, initial publicity releases state the same, however Ozzy and Sharon state differently.

The sad thing is that if anyone reads the credits to the “Bark At The Moon” album, you will see it listed as “All music and lyrics by Ozzy Osbourne.” Like, yeah right, Ozzy really churned out all of those riffs. It is sad at to what level the Osbourne’s stooped at that stage. One more thing, read the book from Ozzy and tell me how many times he mention Jake E. Lee in the book. But that is a story for another day.

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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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