Category Archives: Copyright

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

Standard
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.

Standard
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”!

Standard
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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Eighties had a real pop element to it.

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

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

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

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

Remember songs are not created in vacuums.

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

Create The Undeniable Song – It Will Sell

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

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

That is why the album went multi-platinum everywhere.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Music Industry Is A Competitive Marketplace. Just ask “Burning Yesterday”.

I have had some music laying around that I earmarked once upon a time for a re-listen in a proper way. Proper to me in this day and age means headphones.

Burning Yesterday is the first band and their album from 2009, “We Create Monsters Not Machines.” Burning Yesterday is based in Nashville. The sound is polished and for an independent band, they sure sound like a major label act. All the songs are pretty solid.

If you like bands like Red, Papa Roach, Breaking Benjamin, Skillet and Disciple then you would rate this album very highly. If you don’t mind those bands, then you will not mind this album. If you don’t like those bands, then you will not like this album.

From all the bashing that the album format has gotten, one thing I do like are the connections. For example, on this album Robert Venable was the producer. For those that do not know, Robert Venable has worked on the following albums;

  • Megadeth – The System Has Failed
  • Spoken – Illusion
  • Love and Death – Between Here & Lost
  • Disciple – Horseshoes And Handgrenades
  • Disciple – O God Save Us All
  • Seventh Day Slumber – Love and Worship
  • Seventh Day Slumber – Anthem Of Angels

A point of interest is that in their electronic bio, it states the following;
“We Create Monsters Not Machines” was produced by Travis Wyrick (P.O.D., Disciple, Pillar, Since October, 10 Years).”

CD Baby also states the above comments, while Allmusic and Wikipedia has the producer as Robert Venable. My interpretation is that Travis Wyrick was used in a songwriter/executive producer role, while the actual album was produced by Robert Venable.

So if the album is good (and it is that good that it made my Top 20 for the year) why didn’t it set the world on fire? The answer is simple. COMPETITION IN THE MARKETPLACE and TIME.

2009 was a tough year for any new artist releasing music. Actually every year is a tough year for any new band. For the fan base that Burning Yesterday is trying to appeal to, they had to compete against the following bands and their releases for that year;

  • Red – Innocence and Instinct
  • Pillar – Confessions
  • Breaking Benjamin – Dear Agony
  • Casting Crowns – Until The Whole World Hears
  • Thirty Seconds To Mars – This Is War
  • Seether – Finding Beauty In Negative Spaces
  • Daughtry – Leave This Town
  • Stryper – Murder By Pride
  • Chevelle – SciFi Crimes
  • Veer Union – Against The Grain
  • Adelitas Way – Adelitas Way
  • Three Days Grace – Life Starts Now
  • Skillet – Awake
  • Madina Lake – Attics To Eden
  • Halestorm – Halestorm
  • Thousand Foot Krutch – Welcome To The Masquerade
  • Smile Empty Soul – Consciousness
  • Decyfer Down – Crash Love
  • Ten Second Epic – Hometown
  • Cavo – Bright Nights, Dark Days
  • Papa Roach – Metamorphosis
  • Muse – The Resistance
  • Burn Halo – Burn Halo

The thing is I could go on forever about similar sounding bands and styles that had reasonably good albums released in 2009. For any artist that is starting out, piracy should not be their biggest concern. Their biggest concern should be competition. How do they compete in the market place in this day and age. Piracy should be used as a metric of demand.

So Burning Yesterday spend their time and money on getting a good production team and recording an album of good tunes. They actually entered the studio with producer Travis Wyrick in 2007. The album came out at the start of 2009. So they release it into a market place, that is saturated with hundreds of new releases on a daily basis. Apart from the core audience who are aware of the band, it doesn’t spread.

My view has always been the same. Musicians are entrepreneurs. They are people who organize and operate a business, taking on the financial risk to do so. They have to give people a reason to buy their product against all the other competing products. The Michael Jackson superstar business model created by the record labels in the early Eighties is dead and buried. It is never coming back. Different superstars will rise within different genres and communities, however they are the ones that will need to create the buzz.

The days of record labels breaking really great bands to the public are over. It is the bands that need to break themselves. Sure, Record Labels can be useful as distribution agents, however the final marketing starts and ends with the band.

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

The Story Of The Album – From Not Having Enough Money to Not Having Enough Time

“I don’t have the time anymore to play a 70 to 80 minute CD of a band unless it is great”.

I am constantly hearing the above statement from my peers. I am sure they are not alone. To use myself as an example, when my life was all about me, time was plentiful. Then I got married and then we started to have kids. The time that was plentiful in my youth is spread out between my wife, my three kids, my job and then doing anything in between that I could fit in for me.

So is time the reason why the album format has declined?

Going back in time, I remember going to the record store with about $20 to $30 in my back pocket. I always looked forward to those days. It was what I lived for. However as exciting as the experience was, it always had to end with me deciding which albums to buy today and which albums to buy next time around as I could never afford everything that I wanted.

So there I am thumbing my way through all the rock and metal albums. I am starting to formulate my algorithm as to what albums would end up at the register. Sometimes it could be an overpriced new release, which would mean just one album, or it could be a few older releases that I have been meaning to get and now that the price is right, I purchase them from the bargain bins.

Arriving home, I would rip off the shrink wrapping, drop the needle, sit back and enjoy the album with the lyrics to stare at while it played.

Those albums would do the rounds for what would seem like an eternity in today’s day and age.

I grew up in the Eighties and it was all about the LP. Labels always tried to maximise their sales, so they kept on releasing singles, picture singles and picture 12 inch singles and just 12 inch singles.

Of course the hard core lapped everything up, even though nothing new was on offer. The big difference in the Eighties was MTV. With the rise of music television, bands had to have that single song that would have mass appeal. So what the fans ended up getting was an album with two to three good songs and the rest was pure filler. However, we still needed to buy the expensive LP, just to listen to three songs. With the rise of the CD, this only got worse and more expensive.

When the CD first came out it was way more expensive than LP’s. The Recording Industry said that the higher prices would be temporary, due to set up costs and so forth. Guess what, the prices never went down and CD’s got pumped out in the millions. That is why the album format became unpopular to fans and very popular to record label executives.

So then the Internet comes along and changes the rules of the games. While the recording industry kept on sticking with the CD format, the fans of music showed them that they wanted innovation. When Napster exploded, the record labels failed to notice the following;

– Fans didn’t like the high CD prices

– Fans wanted back catalogue items that the record labels didn’t want to release. That is why obscure bands or bands available only on Import started to get some traction.

– Fans wanted portability

– Fans wanted convenience

– Fans wanted all of the above to be available 24/7 to them

– Fans wanted to pick and choose

The fan dynamic is changed forever by Napster. Fans used to look forward to the new releases of their favourite artists. After spending money on that new release, I played it to death because I paid for it. Somehow in the back of my mind, I needed to convince myself that I made a good decision, especially when someone else would say to me, “why would you waste your money on that, it was a crap album.”

So there I am, along with a million of other fans, playing the album over and over and over again, looking for a track or two to hook me in. When I heard Dr Feelgood from the outset, I only liked the song, Don’t Go Away Mad (Just Go Away). With each listen, I started to appreciate other tracks. However, to this day, I still don’t like Sticky Sweet, Rattlesnake Shake, She Goes Down, Same Ol Situation and Without You.

The Crue comes to town and I needed to go. It wasn’t cheap, however I knew that they wouldn’t play certain tracks from the album ever again. Well to my surprise, the same songs that Motley Crue played in 1990, they played again in 2005 and in 2013. The Dr Feelgood tour was like a greatest hits tour, with most of the songs made up from Shout At The Devil, Too Fast For Love and Girls, Girls, Girls.

So where am I going with this?

In 2013, an album comes out. The cost of hearing it is ZERO. Spotify has it, within a day or two, YouTube will have a complete version of it. Instead of listening to each take from start to finish, I skim through. It sort of goes like this, hear the first 30 seconds. If I am hooked I normally end up listening to the whole song. If I am not hooked I move the song cursor into about 2 minutes of the song and listen for another 10 seconds. If still nothing, I move on to the next track.

This even occurs with my favourite acts. I played A Dramatic Turn Of Events from Dream Theater for about a week in 2011 and then moved on. I haven’t returned to the full album and I never will. I know that I like bits in certain songs. Breaking All Illusions has got some wicked sections and so those Outcry. On The Backs of Angels is not bad either, but not great. On the other hand, Unto The Locust from Machine Head, gets a re-spin every three to four weeks. It’s seven songs that really stand up on their own and as part of an album.

With so much music out there to digest and play, we seem to ignore our favourite acts in search of another great act to become our favourite. So to bring the story full circle, when I used to purchase albums, money was the factor as to what I decided to purchase and listen too. Fast forward to 2013, time is the factor as to what I decide to listen too.

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

Living In The Creativity Years – Otherwise You Will Be Here Today and Gone Tomorrow

So it has been almost 20 months since MegaUpload was shutdown. All of its servers and assets were also seized by the US Department of Justice on evidence provided to it by the MPAA.

So what did this shutdown prove? In the immortal words of Dark Helmet, “Absolutely Nothing”.

What the entertainment industries fail to understand is that we live in a global economy. I am not an expert on economics, however in order to compete in this global economy, people need to know how to operate computers and use certain pieces of software. It is expected. Piracy is the leveller between the “advanced” economies and the “developing” economies. Big deal, what does this have to do with music.

Sale of albums in South and Central American countries are normally low for metal bands, however, those bands play to tens of thousands of people when they tour there. How can that be if they have no sales in those areas? I always come back to the Iron Maiden “Flight 666: The Movie” that was filmed during the “Caught Somewhere Back In Time” tour. They played some places on this tour like Costa Rica and India where sales of Iron Maiden recorded music has been low, however they still got tens of thousands of people to attend the shows.

We live in a global pop culture world. This global pop culture spreads via the web.

Artists these days need to forget about the record deals and the hits. We are living in the era that is all about creativity. Artists need to be creating all the time and releasing all the time, otherwise they are here today and gone tomorrow. Metal bands have weathered the storm so far, as fans of these genre’s still tend to purchase albums, however the writing is on the wall. Go on Spotify and you will see the streaming counts of certain songs. Only the great songs get streamed over and over again. The rest, will be forgotten.

Standard