Category Archives: Copyright

Copyright, Music, My Stories

This Is How The Out Of Touch Music Business Innovates

The Music Business launches an Anti-Piracy App to educate young people on piracy while at the same time copyright infringement of music is declining each year due to decent legal options.

The game allows players to select an aspiring artist from a list of hopefuls, compose tracks from a roster of song-writers, producers and studio technicians and balance the books by keeping an eye on how radio play, streaming and piracy impact on profits. So maybe the game will show players how much an artist REALLY gets for a song.

However, if the recording industries want to be treated seriously, what about the income from live shows, merchandise deals, licensing, video games, YouTube, Kickstarter, Indiegogo, Pledge and the many other ways an artist can make money these days.

Then you have Paul McGuiness who wants Google to do more to protect the old business models of the recording industry. This is what Paul McGuiness had to say;

What needs to be done is simple, take the sites down and keep them down. If the pirates can manage to replace their sites instantly with legions of bots, Google, with their brilliant algorithm engineers can counter it.

Umm, can someone tell Paul McGuiness that Google is only a search engine. It is not their job to police the internet for the entertainment industries.

We need the technology giants like Google to do the things that labels, the publishers, the artists, the writers repeatedly ask them to do. They need to show corporate and social responsibility. Take down the illegal sites, keep them down and clear the way for the legal digital distributers like iTunes, Spotify, Deezer, the new Jimmy Iovine Beats service, which promises to be a very serious competitor. Those services now exist, it is no longer acceptable to say that the music industry is not available, not making its wares available online.

People have been downloading since the Napster days. So it’s pretty clear to the recording industry people that their customers want to download an albums worth of music, they want to do it for free, they want it DRM free and they want to do it anonymously. So why isn’t the recording industry offering this service to their customers.

They claim illegal pirate sites make money from the advertisements. So why can’t the recording industry offer the same service, via the BitTorrent protocol and make money from the Advertisements.

We’re all aware in this room that subscription is now replacing downloading — legal or illegal — but we do need those mega corporations to make a genuine effort to cooperate and feed the industry that has been so good to them.

Corporations exists to offer a service to their customers. They do not exist to prop up dated business models based on high profit margin CD’s.

Finally you have a company called Rightscorp who is accumulating Copyrights

I’ve posted previously about the whole shambles around Copyright and how their extended copyright terms are purely there to protect the interest of the Corporations that have paid the creator a sum to control their copyright or the Corporations that have paid the record label (who is the current holder of the Copyright) to control the record label right. In the metal and rock sphere, two record labels come to mind, where I feel that their intentions are motivated by having a copyright monopoly on certain songs.

One is Frontiers and the other is Rock Candy. Frontiers are getting a lot of the Eighties greats to create forgeries of their hits, while Rock Candy is buying up albums from the Eighties and re-releasing them with expanded packaging, so that all these forgeries and new versions of the Eighties albums fall under a new copyright term.

While the two labels deal with music, Rightscorp Inc, is otherwise known as a COPYRIGHT TROLL. Rightscorp claims that they have a “patent pending digital loss prevention technology” that focuses on the infringement of digital content such as music, movies, software, and games and ensures that owners and creators are rightfully paid for their IP.

The Wall Street Journal article also mentions that the following;

Rightscorp implements existing laws to solve copyright infringements by collecting payments from illegal file sharing activities via notifications sent through Internet Service Providers (ISPs). The Company’s technology identifies copyright infringers, who are offered a reasonable settlement option when compared to the legal liability defined in the Digital Millennium Copyrights Act (DMCA).

It is very interesting reading the above paragraph, especially when the Justice system in the U.S is waking up and realising that an IP address does not identify who the actual copyright infringer is.

While the music business innovates in their own litigious way, the so called “pirates” are innovating in a very different way by making it even easier for fans of music to download and even stream music.

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

Chaos + Disruption = The Music Business

It’s a chaotic and disruptive time in the music business and with chaos comes opportunity.

On one side you have COPYRIGHT. And that can be broken down into a lot of other little chaotic categories like infringement, the length of copyright terms, copyright monopolies, the lack of works entering the public domain and so on.

The public domain is culture. Keith Richards once said, ‘you can’t copyright the blues.’

Culture is built and expanded by sharing stories and building on the works of others. Led Zeppelin, The Beatles, The Rolling Stones and all of the sixties greats like Hendrix, Clapton and Beck used this concept. They built off the blues.

However copyright law and its real purpose got hijacked by corporations and everything changed. Instead of culture being built up in the works that the public creates and shares, the public is now faced with copyright corporations locking away works that should be in the public domain by now. These works that should be in the public domain do not benefit the original creators in any way, however they are beneficial for the few copyright monopoly gatekeepers.

For culture to thrive once again, it is important to respect the public domain.

Then on another side of the music business you have the RIAA who continually push lies out into the world, so that technology companies can do something to protect crap business models. Did you know that the global music industry sent it’s 100 million takedown notice to Google, to remove search links to certain sites. It looks like the RIAA doesn’t get it.

So if a person types in “free mp3” in Google Search what should Google return?

Sites that have free mp3’s or sites that the RIAA want Google to point to when that term is typed in. Maybe when that person types in free mp3, they want a free mp3 and have no interest in paying.

Then you have the ISP’s on another side that are caught up in the middle of all this as they offer the service that provides internet access to users. According to the RIAA and the record labels, the ISP’s allow “copyright infringement” to happen, therefore, they need to do something about it to help out the music industry. In Australia, this is heavily disputed, however in other parts of the world gradual response schemes are in place.

Then you have the technology companies trying to offer low cost services to fans of music. However, low cost to a fan means high costs to the RIAA and the record labels in licensing fees. This is before the new service is even allowed to trade. If the new service starts to trade without licensing in place, expect them to be litigated into submission.

Have you noticed that artists have not been mentioned anywhere as yet. That is how far the music business has come, where the actual music is only a small part of it, however it should be the major part of it. For the business to thrive, you need great music.

I was looking back to some of the releases in 2013 that I liked. Two of my favourites are “Protest The Hero” and “Coheed and Cambria”.

“Protest The Hero” and “Coheed and Cambria” are working to the “Keep your fan base close” mantra. Both of the bands moved from major labels into a DIY independent mindset, realising that their fans are king.

Exceptional fan service is the key driving force behind a bands success. I expect “Coheed and Cambria” will get a lot more fans purchasing the next super deluxe package for the new album because they did such a great job with “The Afterman” releases.

“Protest The Hero” on the other hand have fallen into the fan funded conundrum where the perks always arrive later than expected for international fans. I live in Australia and I am still waiting for the perks to arrive. The band have been clear with their information, advising that it will take 6 to 8 weeks.

It’s good old business 101, “treat your customers right and they’ll stay with you forever”.

Then you have bands like Five Finger Death Punch, Avenged Sevenfold, Dream Theater, Stone Sour, Killswitch Engage, Trivium, Volbeat, Alter Bridge and TesserAct that have label deals.

Should those bands go independent like Protest The Hero or Coheed and Cambria. It all depends on a person’s definition of success and hard work. Going independent means that you need to build a team around you like any business start-up.

What are the benefits of going independent?

The lesson is simple. Selling your artistic freedom and independence as a “success” strategy can bring lucrative rewards. But it’s not always the best move for your career, as you are also selling off important data to the record label. The record label doesn’t want to know your fans or connect with them. They want you to do it, so that the label can make money of that relationship and then pay you a percentage of it.

Coheed and Cambria moved over 100,000 units of their deluxe “Afterman” editions. At $60 (I think it was $68, however I will use $60 for the example) an edition, that comes to $6 million in revenue. If the band was on the label model, what percentage would the band see from that $6 million.

The music market/business is filled with acts trying to make it. It is going to take a huge effort to stand out amongst the rest. Music is a lifer game. It is a slow and steady approach that builds careers.

Artists should be looking at development. With each song release, artists should never be afraid to try things out. Even try out new technologies that make it very easy for their fans to interact with them and their music. In a company, this is called research and development. Investing in your career is never a mistake.

The artists have the power to make the record labels redundant, purely to be used as a distribution arm if needed, however with the rise of streaming technologies, even this arm can be in danger of disappearing. Bands like Coheed and Cambria, Protest The Hero and Digital Summer have seen the recorded business side of things and have decided, hey we can do it better. That’s what great businesses are made of.

So in all of this chaos, who will rise and who will fall? Time will tell, however if you compare music to technology, you will see only a select few rise to the top. Smartphones and tablets is all Apple and Samsung. Amazon has online shopping cornered. Google is the king of search. Spotify will win the streaming war. Facebook rules social media. iTunes rules the mp3 and app market. Will the same fate happen in the music business?

2019 Crystal ball predictions;

Coheed and Cambria – will get bigger and bigger. Their style is unique, so expect them to keep to that style, sort of like how AC/DC releases music in the same style or Iron Maiden.

Protest The Hero – proved to themselves that they still matter. Will get bigger and more crazier. The future of progressive metal.

Machine Head – will still be bigger then what they are. Robb Flynn understands the internet and understands the change that is coming. He will make sure that Machine Head rides the wave all the way to the shoreline, while Adam Duce circles in the undercurrent, ready to litigate the band into submission.

TesseracT – will become the next Pink Floyd.

Digital Summer – are one of the hardest working rock bands around like Twisted Sister and Dream Theater. They will get bigger as they are lifers.

Avenged Sevenfold – will become the new Metallica.

Five Finger Death Punch – I have a feeling that they will break up after one more album.

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

Metallica – will still be relevant in the same way the Seventies act remained relevant.

Dream Theater – will still tour and do a lot of side projects, however they will be replaced by TesseracT and Protest The Hero.

Black Veil Brides – will take over the void left by Motley Crue and Guns N Roses.

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

Alter Bridge – The world needs Led Zeppelin to continue. Expect Alter Bridge to fill this void. They have one of the best vocalists of the modern era in Myles Kennedy. Marc Tremonti is a prolific writer. Call his Creed project, “The Yardbirds” and Alter Bridge as “Led Zeppelin.”

Bullet For My Valentine – will deliver their own version of “Master Of Puppets” and “The Blackening”.

Lets see how it pans out.

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

The Force Is Strong In The Kashmir Effect

Led Zeppelin’s “Kashmir” is the type of song that is so good, that it has become part of pop culture. The song was released in 1975 on the “Physical Graffiti” album.

Even “Kashmir” is a result of Jimmy Page creating derivative versions of previous ideas and songs. The first thing is the CIA tuning that Jimmy Page first employed with “The Yardbirds”. CIA stands for Celtic-Indian-Arabic and the exact tuning is known as DADGAD, a tuning that Davy Graham used for his 1963 rendition of an old Irish folk song “She Moved Through The Fair” which in turn saw Jimmy Page come along and derive a new song called “White Summer”, and another derivative version called “Black Mountain Side”.

If you don’t know who Davy Graham is, go to YouTube right now and type in “Anji” and prepare to be mesmerized. For all the music geeks out there, check out one of the riffs from “Anji” (that comes in at about the 14 second mark) and then go and listen to Queens Of The Stone Age song “No One Knows”. Hear the riff. While “Anji” wallows in internet obscurity, “No One Knows” has 17,883,776 views on the Queens Of The Stone Age Vevo account.

“Black Mountain Side” was recorded in October 1968 and released in January 1969 on the first Led Zeppelin album. It is credited to Jimmy Page as a writer, however the guitar arrangement closely follows Bert Jansch’s version of “She Moved Through the Fair”, recorded on his 1966 album “Jack Orion” which more or less was a cover of Davy Graham’s 1963 version.

All of these songs are in the same DADGAD tuning that was used for “Kashmir”. I am not saying that these songs sound similar to “Kashmir” however these songs needed to be jammed on, so that Jimmy Page could get used to the DADGAD tuning. You see great songs don’t happen overnight or by a committee. They happen by derivative jamming and by derivative accidents.

If there was any doubt about the power of “Kashmir”, then look no further than the metal and rock movements during the Eighties.

Kingdom Come’s derivative version “Get it On” helped the self-titled Kingdom Come album released in 1988 move over a million units in the U.S. Whitesnake employed the same technique in “Judgement Day” from the “Slip Of The Tongue” album, which even though it didn’t reach the sale heights of the self-titled 1987 album, it still moved over a million copies in 1989.

As Yoda would say, the force is strong in “Kashmir”. Kashmir’s legacy in pop culture was solidified in the Nineties when the main riff was used by Puff Daddy in the song “Come with Me”.

The defining part of the song is the ascending chromatic riff over a pedal point which is made even greater by the drumming from John Bonham, playing slightly behind the beat.

Dave Mustaine is a great employer of this technique. “In My Darkest Hour” and “The Call Of Ktulu/Hanger 18” both employ this technique, however there are other Mustaine penned songs that also include this technique. Progress is derivative is the mantra that I employ.

“Mary Jane” from the “So Far, So Good, So What” album released in 1988 has that riff that comes in at 0.46 and continues throughout the song. If it sounds familiar, it should, it is a very close derivative version of “In My Darkest Hour”. Both songs are similar and both songs have the ascending bass line over a pedal point.

“This Was My Life” from the “Countdown To Extinction” album released in 1992 has the main verse riff.

“Public Enema Number 1” from the “Th1rte3n” album released in 2011 has the main verse riff.

“The Kingmaker” from the “Super Collider” album released in 2013 has the Chorus riff.

Billy Squier also employed “The Kashmir Effect” and “The Ramble On Effect” in his song, “Lonely Is the Night” from the album “Don’t Say No” released in 1981. The music is “Ramble On” and the beat is “Kashmir”.

Guess progress really is derivative.

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

Copyright Inc

There has been a lot of talk about Copyright and the Public Domain in the last month.

There was the whole Iron Maiden story about the band rewarding Copyright Infringers with Concerts. The website that ran with it issued an apology for falsely attributing Musicmetric quotes to the band, yet if you look at the markets that Iron Maiden has hit over and over again along with the “new markets”, all of those places are on the Musicmetric list of places that download Iron Maiden’s recorded music illegally. So even though the story proved to be false, there is some form of data out there that Iron Maiden is utilising to hit places where they have a low record sale amount but a high download rate.

Even their drummer, Nicko McBrian stated the same in the “Flight 666” documentary about their shows in India and Costa Rica. To paraphrase, he said something in the vein that Iron Maiden hasn’t sold any albums in Costa Rica however they sold out the sports stadium. So how did those fans get the music then.

Look at Metallica. They are also utilising some form of data to identify which new markets to hit or which markets deserve to be revisited. Their recent concerts in China proved this. The sale of Metallica music in China is low, however each concert was sold out. Peru is another new market that Metallica hit and will return too despite the fact that they have very low recorded sales.

I also just finished watching the Rush documentary, “Beyond The Lighted Stage” and in the documentary, Neal Peart is talking about their Vapour Trails tour of South America and how they didn’t know what to expect and in the end they played to their biggest ever concert attendance at Sao Paulo.

In other words, the Brazil tour took place in November 2002 . Napster launched in June 1999 and operated up to July 2001, Audiogalaxy launched in 1998 and operated up until 2002 as a file sharing system that indexed MP3 files. Limewire started operating in May, 2000 and Kazaa in March, 2001. So in three years of peer to peer mp3 sharing, Rush’s fan base grew extraordinarily.

At the beginning of each year, numerous works will have their Copyright expire and they will enter the Public Domain. There is an excellent post up at Techdirt titled, “The Grinch Who Stole The Public Domain” and it covers the works that should have entered the Public Domain in the U.S on the 1st January 2014, however for reasons that are still not clear to the public, these works have been taken away from the public due to a copyright extension that is in place up until 2019.

In the U.S, up until 1978, the maximum amount of time that a work in the US could be covered by copyright was 56 years. As the article states, a creator initially received a 28 year copyright term, which could be renewed for another 28 years.

So back in 1957, Ayn Rand knew that when she created “Atlas Shrugged” that it would be given back to the public to share and build on by January 1, 2014. Same goes for Ian Fleming and his James Bond book, “From Russia With Love.” The same goes for Dr. Seuss and his two books, “How the Grinch Stole Christmas” and “The Cat in the Hat”. All of these authors went on to create further works, so it is safe to assume that that the 56 year Copyright monopoly the creator would have was more than enough incentive to create further works.

In relation to music, the following songs should have appeared in the Public Domain in the U.S.

“That’ll Be the Day” and “Peggy Sue” (Buddy Holly, Jerry Allison, and Norman Petty),
“Great Balls of Fire” (Otis Blackwell and Jack Hammer),
“Wake Up, Little Susie” (Felice and Boudleaux Bryant)
Dmitri Shostakovich’s Symphony No. 11 in G minor (Opus 103; subtitled The Year 1905).
Elvis Presley’s: “All Shook Up” (Otis Blackwell and Elvis Presley) and “Jailhouse Rock” (Jerry Leiber and Mike Stoller).

The above musical works remain copyrighted until 2053 however based on their initial copyright terms, the works should be in the Public Domain.

The purpose of Copyright law was always to encourage the creation of works that would be put into the public domain to promote learning, knowledge and understanding. However, with large organisations controlling a lot of the Copyrights (and their power is growing each day), the law has been twisted into a system that is used to lock works up.

Then you have someone like Jimmy Page, who is really enjoying his Copyright monopoly by continuing to re-issue the same Led Zeppelin works he created between 1968 and 1980. Jimmy Page is a huge influence on my guitar playing. His body of work with Led Zeppelin, along with Coverdale/Page album were all brilliant. The new music he created with Robert Plant, “Walking In Clarksdale” was also a decent effort.

However, “The Firm” and his solo album, “Outrider” didn’t rattle any bones in me. Compared to Robert Plant who constantly creates new works, Jimmy Page has more or less sat back and monetised his copyright monopoly. Since 1993, Jimmy Page has overseen more than twenty three re-issues, re-mastered editions, live releases, greatest hits releases and more from the Led Zeppelin body of work.

While Jimmy Page is entitled to do what he does, Copyright’s intention was to give the artist incentive to create more works, not an incentive to rely on past works.

So while Jimmy Page is doing his thing on one side of the Copyright fence, on the other side there is the shameless releasing of songs by the big labels, purely to extend the copyright term of them.

In January, 2013, Sony released the “Bob Dylan Copyright Collection Volume” so that it could take advantage of an EU law to extend the copyright term on these recordings from 50 to 70 years. So instead of these works expiring in 2013 and entering the Public Domain, they got locked up for another 20 years. Nice one.

When Bob Dylan created these songs, Copyright was in place to offer him an incentive to create new works which he did. However, he also sold or licensed his copyrights to Sony and that is where the abuse kicks in.

Just recently (like December 2013 recent) Apple Records released 59 tracks from The Beatles for downloading on iTunes. These songs include outtakes, demos and live BBC radio performances. A Beatles fan and Blogger by the name of Roger Stormo said the following;

“The only reason why they are doing this is to retain the copyright of this material.”

You see, when “The Beatles” recorded the tracks back in 1963, they made a deal with the public. In return for a government-backed monopoly lasting 50 years, they would allow their music to enter the public domain at the end of that time. Like Bob Dylan, Copyrights got sold or licensed to the record labels. The recording industry then employed politicians as lobbyists and now European fans of “The Beatles” must wait another 20 years before they are able to enjoy and use the tracks as part of the public domain.

The biggest abuse here is that the tracks weren’t even available beforehand (in a legal way). They were safely locked away. Therefore it is safe to assume that the tracks weren’t earning any money for Apple Records. So releasing the tracks into the public domain would have resulted in no loss of revenue whatsoever to the label. However, for reasons only known to the label, they had an opportunity to extend the copyright of the songs for another 20 years and they did.

What about Saul Zaentz, the Fantasy Records label owner who passed away recently. For those that don’t know, he is famous for suing Creedence Clearwater Revival front man John Fogerty for plagiarising John Fogerty.

Yep, Zaentz was that upset that Fogerty struggled for years to free himself from the one sided contract he signed with Fantasy, following the breakup of CCR, that when it finally happened, Zaentz called his lawyers to arms.

Zaentz and Fantasy alleged that Fogerty’s 1985 hit “The Old Man Down the Road” was essentially the same as “Run Through The Jungle” from CCR’s “Cosmos Factory” album released in 1970. Since Fogerty had traded his rights to CCR’s songs in 1980 to cancel his remaining contractual obligations, Fantasy and Zaentz now owned the rights to “Run Through the Jungle”. Under Fogerty’s old CCR contract, Fogerty owed Fantasy eight more records. In the end, he refused to work for the label. The impasse was resolved only when Asylum Records’ David Geffen bought Fogerty’s contract for $1,000,000 on top of the rights that Fogerty sold away.

So when the “Centerfield” album topped the charts in 1985, Zaentz sued. How is that for Copyright abuse?

During the tour, the fans complained that he didn’t play any CCR songs, however Fogerty said that playing the CCR songs meant that he would have to pay performance royalties to copyright holder Saul Zaentz, and he didn’t want to do that. Copyright is used as an incentive to not play songs.

During the tour, Fogerty also spent time in court and in the end Fogerty played the two songs on guitar right on the witness stand and won the case.

On the theme of suing, Evanescence singer Amy Lee is also suing her ex-label Wind Up Records for more than $1 million over unpaid royalties. Of course there is more to the suit than just the unpaid royalties, however one the theme is the same. The abuse of copyright by large organisations.

So next time you read about the need for stronger copyright protection, ask yourself the question; For whom is that stronger copyright protection needed for. Remember that if I write a song today, it is copyrighted for the rest of my life plus 70 years. If I sell the copyright to an organisation for a fee, then they own this copyright until then.

I will leave you with the parting words of James Hetfield as he spits them out in Damage Inc..

Living on your knees, conformity
or dying on your feet for honesty

Which side are you on?

Techdirt – Public Domain – http://www.techdirt.com/articles/20131231/23434825735/grinch-who-stole-public-domain.shtml#comments

Led Zeppelin Reissues Will Continue in 2015 – http://ultimateclassicrock.com/led-zeppelin-reissues-2/

Techdirt – Beatles – http://www.techdirt.com/articles/20131216/09582225579/57-beatles-bootleg-tracked-released-officially-all-wrong-reasons.shtml?pid=110#c110

John Fogerty Responds to Death of Creedence Label Owner Saul Zaentz With Stinging Video – http://ultimateclassicrock.com/saul-zaentz-dead-john-fogerty-reaction/

Evanescence Singer Amy Lee Reportedly Suing Record Label – http://loudwire.com/evanescence-amy-lee-reportedly-suing-record-label/

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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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