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

I Guess People In The Recording Business Don’t Like Change

The History channel morphed from running historical documentaries to scripted TV shows and unscripted reality shows. Home Box Office morphed from running licensed movies to creating its own content and renaming itself HBO.

Newspapers ran long form stories that people wanted to read. Then the goal shifted to profit-seeking click bait and we got news tainted by money and political agendas from the owner of the news outlet. In the end, the papers got rich by selling advertisements and re-printing PR stories. And the people stopped buying newspapers and took to the internet for their news. The urban boundaries of the traditional newspaper suddenly couldn’t compete with the worldwide boundaries of the internet.

Change is constant, because we get bored easily. The internet connected billions of people and almost 20 years later we take it for granted, the same way we take electricity for granted. We expect it to work all the time and god forbid if we have downtime.

Great buildings of yesteryear are being torn down as cities constantly reinvent themselves. Hell, my hometown is in the midst of converting from an industrial steel city into an innovation hub. So why should music be chained to the ways of the old.

Steve Albini published his 1993 essay “The Problem with Music”. You can find it at this link.

Here is a brief summary of the figures found in it;

These figures are representative of amounts that appear in record contracts daily. There’s no need to skew the figures to make the scenario look bad, since real-life examples more than abound. Income is underlined, expenses are not.

  • Advance: $250,000
  • Manager’s cut: $37,500
  • Legal fees: $10,000
  • Recording Budget: $150,000
  • Producer’s advance: $50,000
  • Studio fee: $52,500
  • Drum, Amp, Mic and Phase “Doctors”: $3,000
  • Recording tape: $8,000
  • Equipment rental: $5,000
  • Cartage and Transportation: $5,000
  • Lodgings while in studio: $10,000
  • Catering: $3,000
  • Mastering: $10,000
  • Tape copies, reference CD’s, shipping tapes, misc expenses: $2,000
  • Video budget: $30,000
  • Cameras: $8,000
  • Crew: $5,000
  • Processing and transfers: $3,000
  • Offline: $2,000
  • Online editing: $3,000
  • Catering: $1,000
  • Stage and construction: $3,000
  • Copies, couriers, transportation: $2,000
  • Director’s fee: $3,000
  • Album Artwork: $5,000
  • Promotional photo shoot and duplication: $2,000
  • Band fund: $15,000
  • New fancy professional drum kit: $5,000
  • New fancy professional guitars (2): $3,000
  • New fancy professional guitar amp rigs (2): $4,000
  • New fancy potato-shaped bass guitar: $1,000
  • New fancy rack of lights bass amp: $1,000
  • Rehearsal space rental: $500
  • Big blowout party for their friends: $500
  • Tour expense (5 weeks): $50,875
  • Bus: $25,000
  • Crew (3): $7,500
  • Food and per diems: $7,875
  • Fuel: $3,000
  • Consumable supplies: $3,500
  • Wardrobe: $1,000
  • Promotion: $3,000
  • Tour gross income: $50,000
  • Agent’s cut: $7,500
  • Manager’s cut: $7,500
  • Merchandising advance: $20,000
  • Manager’s cut: $3,000
  • Lawyer’s fee: $1,000
  • Publishing advance: $20,000
  • Manager’s cut: $3,000
  • Lawyer’s fee: $1,000
  • Record sales: 250,000 @ $12 = $3,000,000 gross retail revenue Royalty (13% of 90% of retail): $351,000
  • less advance: $250,000
  • Producer’s points: (3% less $50,000 advance) $40,000
  • Promotional budget: $25,000
  • Recoupable buyout from previous label: $50,000
  • Net royalty: (-$14,000)
  • Record company income:
  • Record wholesale price $6,50 x 250,000 = $1,625,000 gross income Artist Royalties: $351,000
  • Deficit from royalties: $14,000
  • Manufacturing, packaging and distribution @ $2.20 per record: $550,000
  • Gross profit: $710,000

 THE BALANCE SHEET

 This is how much each player got paid at the end of the game.

  • Record company: $710,000
  • Producer: $90,000
  • Manager: $51,000
  • Studio: $52,500
  • Previous label: $50,000
  • Agent: $7,500
  • Lawyer: $12,000
  • Band member net income each: $4,031.25

The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month.

The next album will be about the same, except that the record company will insist they spend more time and money on it. Since the previous one never “recouped,” the band will have no leverage, and will oblige.

The next tour will be about the same, except the merchandising advance will have already been paid, and the band, strangely enough, won’t have earned any royalties from their t-shirts yet. Maybe the t-shirt guys have figured out how to count money like record company guys.

So you wonder why artists are still in debt to their label. Yeah they might have recorded and they might have toured, but they really didn’t make anything. So if you are an artist today, what era would you rather be in.

But Steve Albini didn’t stop there. 21 years later, Albini did a presentation about music at an event. You can read the whole presentation here.

Here is a summary;

I hear from some of my colleagues that these are rough times: that the internet has cut the legs off the music scene and that pretty soon nobody will be making music anymore because there’s no money in it. Virtually every place where music is written about, there is some version of this troubling perspective. People who used to make a nice income from royalties, they’ve seen the royalties dry up. And people who used to make a living selling records are having trouble selling downloads as substitute for records, and they no longer make records.

It’s worthwhile to remember from where we’ve come. From where this bitchiness originates. In the 1970s through the 1990s, the period in which I was most active in bands in the music scene – let’s call this the pre-internet era. The music industry was essentially the record industry, in that records and radio were the venues through which people learned of music and principally experienced it. They were joined by MTV and videos in the 80s and 90s, but the principle relationship people had with music was as sound recordings. There was a booming band scene and all bands aspired to getting recorded, as a mark of legitimacy.

In the 70s and 80s most bands went through their entire lifecycle without so much as a note of their music recorded. But recording was a rare and expensive enterprise, so it wasn’t common. Even your demo tape required considerable investment. So when I started playing in bands in the 70s and 80s most bands went through their entire lifecycle without so much as a note of their music ever being recorded.

The key point here is the artists who played music for their whole lives, wrote songs and never had anything officially recorded. All because the gatekeepers of the day didn’t see them worthy. Today, everyone can record and release their music. If it gets heard, is another story, but you have a chance to record and build a musical legacy.

Radio stations were enormously influential. Radio was the only place to hear music from any people and record companies paid dearly to influence them. Direct payola had been made illegal but this was a trivial workaround. Record pluggers acting as programming consultants were the middlemen. They paid radio stations for access to their programmers and conducted meetings where new records were promoted.

CBS told Journey to change their style and become more radio friendly otherwise they would no deal in place.

The most significant bit of tailoring was an accounting trick called recouping costs. The costs of making a record wasn’t borne by the record label, except initially. Those costs were recouped or taken out of the income the band might otherwise run as royalties. The same was true of all those promo copies, posters, radio pluggers and payola men, producers, publicists, tour support, 8×10 glossies, shipping, freight – basically anything that could be associated with a specific band or record was ultimately paid for by the band, not by the record label.

As the label shifted from vinyl to CD as the dominant format, the labels could easily sell the CD as a convenient, compact, trouble-free way to listen to music. The profit margin exploded and the money got stupid. Retails costs of a CD was half again or double more than an LP but the manufacturing, shipping and storage costs were a tiny fraction. The labels even used vinyl’s legacy as a tool to increase this profit margin by charging bands for unique packaging, despite the fact that CD packaging was designed to be standardised.

21 years later and Albini is still pointing out the record label creative accounting. And these creative accounting practices have been in place since the 1930’s and they are still in place today. The whole world changes, wars happen, we put man on the moon and the recording label contracts having changed a bit.

You may have noticed that in my description of the mass market music scene and the industry as it was pre-internet I made little mention of the audience or the bands. Those two ends of the spectrum were hardly considered by the rest of the business. Fans were expected to listen to the radio and buy records and bands were expected to make records and tour to promote them. And that was about all the thought either were given. But the audience was where all the money came from and the bands were where all the music came from.

So true. The audience/fans are what makes music money but they never had a say or were not even considered in any discussion when it comes to music. And Albini’s comments highlight the viewpoints the record label suits had. Fans were expected to pay. So what a shock they all got when Napster showed them what fans really want. So now we are living in an audience driven distribution system, albeit the record labels are trying very very hard to get it back to a record label driven distribution system.

Fans can find the music they like and develop direct relationships with the bands.

The world and social media allows it to happen. Hell, I don’t even understand why artists would want to do interviews for magazines or websites or radios. With social media, artists can control the narrative themselves. That’s better than a stupid magazine. Artists can tour places they never could have done before.

A couple of years ago my band mounted a tour of eastern Europe. We played all the hot spots: the Czech Republic, Poland, Croatia, Slovenia, Macedonia, Bulgaria, we made it as far as Istanbul, Turkey. It was a magical experience, playing in front of audiences who were relatively unjaded by the routine of touring bands and we were welcomed like friends. We played to full houses at the same size venues as the rest of Europe. The same sizes as we would play here in Australia. And the audiences seem equivocally familiar with our music. The key difference being that most of the places have literally never sold a single record. Essentially 100% of our exposure had been through informal means over the internet or hand-to-hand.

Iron Maiden toured Central America and places like Costa Rica to sold out audiences and they never sold a recorded album there. Same deal with India and other Asian countries.

There is great public good by letting creative material lapse into the public ownership. The copyright law has been modified so extensively in the past decades that now this essentially never happens, creating absurdities whenever copyright is invoked. There’s a huge body of work that is not legally in the public domain, though its rights holder, authors and creators have died or disappeared as businesses. And this material, from a legal standpoint now removed from our culture – nobody may copy it or re-release it because it’s still subject to copyright.

I guess the problems with music are still there and with the lobby groups preaching stronger copyrights and jail times on par with murder and drug trafficking, it could get worse. Seen the memo on the war against drugs. Enforcement is losing.

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Copyright, Music, My Stories, Piracy, Stupidity

The Unforgiving Black

You can have riffs in songs that sound similar and the song can still be original. You can also have riffs in songs that sound similar and still have successful careers in music without suing each other into litigation hell.

Case in point; “Woman From Tokyo,” from Deep Purple which curiously has the same riff as Joe Walsh’s “Meadows,” from “The Smoker You Drink…”

Both songs were released the very same year, although there were no plagiarism lawsuits and both artists had/went on to have very successful careers.

So it’s a sad state of affairs when it comes to music and copyright these days. The metal and hard rock community has been sensible about it, but I am pretty sure that if another metal or rock artists broke through to the mainstream, there would be a long list of plagiarism cases filed.

Plagiarism cases have become big business that artists are settling with other artists/songwriters. It’s better to pay them off and give them a credit, than fight it in the courts. But all of these cases and settlements create a dangerous viewpoint. It assumes that the work of the earlier artist is so original and free from influence of the music the songwriter might have listened to.

Hell, if you are a streaming convert, who wrote the songs is not even mentioned. The people who consume music don’t even care who wrote the songs.

Elvis Presley didn’t even write a single song that he performed. Who is more known? His songwriters or Elvis?

The fact that the term “plagiarism” is used in music is pretty sad.

If a person was writing an essay or a non-fiction book, they would list all of the works that influenced their new work via the bibliography. The people who wrote those influential works would not get any extra money or a credit on the front cover for writing the essay/book.

If the person was seen to use words from a writer that he/she didn’t mention or attribute via the bibliography, then that person will be called out for plagiarism. The end result leads to the essay/book being altered to reflect a new addition to the Bibliography.

If you have read “The Talent Code” by Dan Coyle, you will note at the end of his book, he has a pretty extensive list of works he used to create his book. So imagine the front cover of the book if all of the past writers who inspired and formed the ideas in “The Talent Code” got an authorship credit and compensation.

But when it comes to music, money rules, so it’s pretty obvious why a word associated with literature is being distorted and made to fit some warped view in music. But then again, the record labels with the RIAA control the narrative, and they have done a brilliant job selling their propaganda. But know it’s them on the back foot, as lawyers are suing the labels who hold the copyrights.

If people want to use the term plagiarism in music then each song should be set up like a written book and have something like a Bibliography which we can call “Musicography”. Unless this happens, how can they call it plagiarism.

For example, Avenged Sevenfold’s “Shepherd Of Fire” would have the following musicography listing;

  • Mustaine, D and Friedman, M 1997, “Trust”, Cryptic Writings.

Megadeth’s “Hanger 18” would have the following musicography listing;

  • Hetfield J, Mustaine D, Ulrich L and Burton C 1983, “The Call Of Ktulu”, Ride The Lightning

If Coldplay had a musicography listing then Joe Satriani would have been okay with it. Maybe not.

If Led Zeppelin or even The Beatles had a musicography listing then it would all be okay, wouldn’t it. Maybe not, because the laws and rules on the copyright of sheet music, to the copyright on sound recordings, to who holds the copyrights while the creator is alive, to who holds the copyrights when the creator is dead, to mechanical royalties from broadcasts, to streaming rates, to licensing rates and to so many other uses of music are a mess.

Here is a work I created quickly for this post, based on  the lyrics from “The Unforgiving” and “Fade To Black” from Metallica.

Let’s call the song, “The Unforgiving Black”.

Deprived of all our thoughts
We are drifting apart
Emptiness in our hearts
Learning to live to their rules

What is felt and what is known
Only the end can set us free
And we struggle on
Chained to the whipping post

Things not what they used to be
So quickly we are subdued
To the point of agony
Until there’s nothing left
Never had a chance to shine
As the darkness grows
More and more are getting lost within
The unforgiving black

We have served master our whole lives
Trying to please them all
Our dedication became slavery
And bitterness is all we know

We battled constantly
A fight we couldn’t win
Until we no longer cared
And lost the will to live

Yesterday is gone
It’s like it never existed
And we are unable to see
What might have been if we tried
Never had a chance to shine
As the darkness grows
More and more are getting lost within
The unforgiving black

  • Hetfield J, Hammet K, Ulrich L and Burton C 1983, “Fade To Black”, Ride The Lightning
  • Heftield J and Ulrich L, 1991, “The Unforgiven”, Metallica

Is it plagiarism?

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

The Big Money In Streaming Licensing Deals

Everyone is blaming Spotify for bringing in windowed exclusives. But in reality it’s not their fault.

Spotify is a service, that provides music to users. It was created by techies because the record labels didn’t have the clout to do what was required for their artists and the vast copyrights they hold. But for Spotify to work, it needed access to the vast libraries of copyrights the record labels hold. And this is how Spotify as a service will cease to work unless they move in and start creating their own content and developing their own artists. Like how Netflix has, like how HBO went from licensing movies from the movie studios to creating their own content.

And Spotify now has owners that are interested only in making money. Hell, the record labels even have a stake in Spotify, so Daniel Ek is at the mercy of these owners, who are all waiting for Spotify to go public so they could rake in billions for their millions investments.

But the record labels control the story and Spotify is portrayed as the baddie, while the faceless record labels hide behind the artists who decry Spotify and other streaming services. The record labels have done such a great job with their fake news story about streaming rates killing music, but they forget that the numbers don’t lie. Maybe they can explain why did their revenue go up to double digits and it’s back to those billions of the CD era?

But it’s the record labels who are not paying back to artists and songwriters the cash they are flush with.

For those that don’t know, Spotify and Universal Music Group (UMG) have come up with a new licensing agreement which forced Spotify to restrict new albums from Universal artists to the premium service for a two weeks as a minimum. So what about the artists who withhold their music from streaming services for a month. That could mean a six-week gap for the free tier ad-supported users of Spotify. Take a guess as to what that means. Piracy will be back with a vengeance. But then, the record labels via the RIAA will just scream and lobby hard for laws to change and stricter enforcement to happen. You can do more time in prison for a copyright offence then an actual crime.

Daniel Ek should have told Universal to go and shove it. The only streaming options for Universal would be Tidal, Pandora and Apple Music. Let’s see how far they would have gone with that.

Then Daniel Ek, should have gone after the big artists and made deals with them exclusively, cutting out the record label in the process. Yeah, I know contracts play a part, but the labels are nothing without the ARTISTS. It’s the artists that make the record labels money and not the other way around. And if the artists all challenge the status quo, then different outcomes would happen. But all of these are difficult conversations to be had and no one wants to lose out on any money.

Every artist should be suing their label for negligence and unpaid wages. How can a label not be seen as negligent by restricting access to music?

Research continues to show that people don’t like to be told how to do things. But the labels believe they know what people want.

The labels are delusional if they think the public would just take out a premium streaming offering, because of windowed releases. It will not happen, the same way, analog phones are not going to happen. Once we move on, we move on. There is no going back. Anyone remember MySpace or Yahoo or even Netscape.

There’s no doubt that ad-supported free tier will end. The labels would make sure of that in the next round of licensing deals in a few years time.

But for an artist, fans these days, don’t want to pay high rates for recorded music. They want the history of music for a low price. They would rather pay for the experience of the show. And in all of these boardroom deals between techies and record labels, it’s the artists who don’t control the rights to their music that get burned. And for some reason, Rush’s “The Big Money” comes to mind.

Big money make a million dreams
Big money spin big deals

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Music, My Stories, Stupidity

Invasion Of Our Privacy

Heritage artists are outraged that people have moved to streaming and piracy instead of buying CD’s and vinyl. So they speak up about it and take a stand. But when it comes to their internet privacy being sold to a corporation, there is nothing. Not even a word. Is it perfectly acceptable to them to have their ISP giving up their browser history for profit?

Where is the anger, the protests, the outrage?

People are outraged that a reality TV show actor has become President and all they talk about are his links to Russia. But when it comes to their internet privacy there isn’t a word. Nothing. It must be perfectly acceptable to them to have the Republican’s allow their ISP to sell their browser history.

Where is the anger, the protests, the outrage?

Governments pass laws that discriminate against minorities and people speak up. Bruce Springsteen cancelled a show. So did Pearl Jam. But when governments pass laws abusing our privacy, nothing.

Where are the music heroes now, standing up for the majority of the citizens, instead of the minority?

Governments issue executive orders banning certain races from travelling to their country and there’s an uproar. But when that same government allows their own citizen’s browsers history to be sold for profit, there is nothing heard from the people.

Where is the uproar?

Metal and rock artists rallied to save the staff at Team Rock when they were all made redundant before Christmas 2016. But nothing from no one around internet privacy.

Why is it when it comes to protecting ourselves as individuals, we remain silent.

Governments deny climate change and people scream in protest. Governments take away our privacy and there is silence.

The reason why we have anti-consumer rules in the first place is because of corporation corruption. Verizon (along with other ISP’s around the world) decided it was a good idea to secretly change the wireless packets of its customers, so Verizon could track them on the internet without telling them. Or about how other ISP’s like AT&T and Comcast (along with other ISP’s around the world) who decided it was a good business model to charge their customers a higher premium for privacy. Or how CableONE thought it was a good idea to use the financial data they have on their customers to provide their customer service. If a customer had a good credit rating that meant good customer service and a bad credit customer meant bad customer service.

Geoff Tate/Queensryche nailed it with “Speak”.

The rich control the government, the media the law

Laws are getting written every day to benefit corporations who already have billions. And a little bit more of our privacy disappears more and more each time. And right now, elected officials worldwide are enacting laws that allow corporations to invade our privacy a little bit more, figuring we just didn’t care and are not paying attention.

So what happened to the voices now? The artists who decided to stand up against censorship, but not privacy.

We need more of them to speak up for our rights, like how in 1985, Dee Snider spoke up against censorship while the rest of the metal heads remained silent.

But in the end, the lyrics from Cog’s “Problem, Reaction, Solution” sum it all up.

At the end of the day I know,
That we work all our lives to pay for a cage they own
It ain’t no coincidence that the whole world is caught in an endless debt

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Copyright, Music, My Stories, Piracy, Stupidity

Recording Industry Marketed As The Music Industry.. More Recording Industry Fakery…

There is a big difference between the music industry and the recording industry, but the way the record labels and the RIAA tell the story, they are the same. But the truth is; the music industry is very different to the recording industry.

The Music Industry is everything, like recording (vinyl, CD’s and mp3’s fall under this), streaming, licensing, touring, merchandise, publishing, musical instruments (sellers, manufacturers and buyers), music hardware, music software, video production and many more.

People might have come across the RIAA name, a lobby/bribery association whose sole purpose is to fight for the major record labels in Washington. RIAA stands for the Recording Industry Association of America. Notice how there is no music term in their name.

But the RIAA have a lot of creative writers who write fake news. Like these headlines;

It’s important to note a few important things here;

  • The Recording Industry is a section of the “music industry.”
  • The Recording Industry is in the business of making money from music recordings.
  • The Recording Industry is not the Music Industry.
  • The Recording Industry likes to sell and market itself as the Music Industry.

So next time you read a story about the music industry, make sure it’s not a piece of fakery about the recording business.

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

Copyright Fakery And Abuses

Fake news is nothing new to the world. It’s been around for a long time.

It’s become a problem now because the people/organisations who invented it, had the tables turned and fake news was/is used against them. That’s right, the media outlets who put fake news out in the world based on PR companies and Ad companies sponsorships, had the tables turned against them. The recent U.S election is a perfect example of how powerful fake news can be.

The recording and movie industries along with their associations/lobby/bribery groups in the RIAA/MPAA have been the largest perpetrators of fake news in the world. When billions of dollars are involved, these industries employ some of the most creative writers in the business to basically creating fictional works of fakery. And people believe it.

Let’s start with a few good ones.

  • Home Taping Is Killing Music And It’s Illegal
  • Copy a CD and get a criminal record
  • Piracy: It’s a crime
  • Piracy kills artists.

In other words, if the consumers of music don’t pay for every instance of music, how can musical artists or movies ever make a living?

These words of wisdom ignore independent research about the power of free music in helping musicians to be discovered in the first instance. The biggest enemy of any artist is NOT BEING DISCOVERED. Once they are discovered, they can then go on and make all kinds of money via the more friendly artist profit outlets in concerts and merchandise. But the RIAA has done such a good job at spreading fake news about Copyright, that many swallow the industry’s words of wisdom whole.

Ed Sheeran is a mega seller in today’s current musical market. I have written about him before on these pages. He began his career without a record label and promoted himself instead.

“Beyond writing the songs, Sheeran also wrote his own rules about how to sell them. Like so many others, he had set off for London as a teenager, singing on street corners and in pubs. But he didn’t knock on record company doors or wait to be discovered. Instead, he began marketing his own stuff, releasing his music himself on websites until — inevitably — a record label came calling. He had already earned half a million from his independent sales, putting the music out himself.”
CBS Article

The labels came knocking after Sheeran had built up a following. And how did Sheeran build up the following?

“It was file sharing. I know that’s a bad thing to say, because I’m part of a music industry that doesn’t like illegal file sharing, but illegal fire sharing was what made me. It was students in England going to university, sharing my songs with each other.”
CBS Article

But the labels and the RIAA want stricter enforcement for piracy and longer prison terms and bigger fines for illegal file sharers.

Because copyright has been hijacked by these Corporate entities for the last 70 years, we have situations that makes the mind boggle. Like how a band in 2017, might not be able to use a song that dates back the mid 1900’s, whose creator is believed to be dead and was passed down for generations orally. Here’s what the Yahoo article has to say on the matter;

“A Gwich’in love song, passed down for generations through oral tradition, has become a copyright roadblock for the Hummingbirds — preventing them from releasing their latest album “One Weekend” in June for months. The song Goodbye Shaanyuu is one of the tracks on the album. It’s a folk song from Fort Yukon, Alaska that dates back to the mid-1900s. But the record company dealing with the band is holding off the official release of the album, says Mumford, until the band solves a copyright issue with the song — which was written by a Gwich’in woman named Annie Cadzow, who is believed to be dead.”

This is the Copyright mess that corporations have created. Even though a corporation could hold the rights to this song, because it makes no money, it is forgotten. And now there is a band that wants to bring it back and they have to go through hell to release. The article further states;

The band has three options:

1) Find Annie Cadzow — or her family members — and get permission to use the song in their album.

2) Find out if Cadzow has died more than 50 years ago, which puts the song into the public domain. Or

3) Just release the song in hopes that no one will come forward and sue, but this is a non-option for the band out of respect for Cadzow and Gwich’in history.

The band is working with researchers in Alaska who are helping track down Cadzow’s only living daughter who’s said to be in her late 80s.

But the bassist for the band Bob Mumford believes that the song known today doesn’t sound nothing like the original song as lyrics were added and melodies got altered. So how does this sit with current copyright law that assumes that all works are so original and if there are any similarities it’s time to sue.

As the article further states;

“Folk music was widely believed to be “national treasure” — or owned by everybody. Until the idea of copyright came along. The practice of exerting copyright is actually pretty easy. The person that transcribes the oral performance, exerts ownership on it. So whoever makes the recording has copyright on it.”

And that person would have a monopoly on their creation for a certain period of time and then that work would become part of the public domain for other people to use and build upon without any restrictions.

And once upon a time it was like that. But then people had money, they purchased sound systems and vinyl records. Recorded music was suddenly monetised. Which led to many artists complaints about record label creative accounting. And it’s still going on.

The Carpenters are taking Universal Music Group and A&M records to court over the monies paid to them from digital sources. As the Variety article states;

“The Carpenters contend that accountants they hired to examine the record label books found multiple errors and that the defendants rejected the claim of royalties. He is seeking compensatory damages of at least $2 million. Among other things, according to the lawsuit, the record labels “improperly classified” revenue from digital downloads of Carpenters’ music as sales of records as opposed to licensing revenue — short-changing them from a higher royalty rate.

The lawsuit also claims that the defendants undercounted digital downloads and that they applied an incorrect base price to the sales of CDs. The lawsuit notes that the lawsuit is similar to litigation involving the recordings of Eminem in which the defendants were several affiliates of UMG. Ultimately, the 9th Circuit Court of Appeals ruled that digital downloads were a licensing of master recordings rather than a sale of records.”

The labels do what they want to artists who make them millions and then the labels scream loudly to politicians to get laws passed to protect their business models.

So what about songwriters, who write songs for other artists?

As the labels get flush with cash from streaming licensing and royalty fees, they have failed to pass it on to the people who matter. But due to creative fakery of news, the Songwriters lobby group believes that the streaming services are to blame and they should pay more, with the hope that those extra payments are filtered down to the songwriters.

“We should get compensated every time someone streams a song”
David Israelite, CEO of the National Music Publishers Association (NMPA)

But wait a minute, some publishers already have their own deals with the streaming companies to compensate the songwriters, so why is there a need to force streaming companies to pay more. Spotify is barely profitable and in order to please the NMPA, a $20 million settlement was announced recently.

As the NY Times article states;

“Spotify will pay publishers between $16 million and $25 million in royalties that are already owed but unpaid — the exact amount, these people said, is still undetermined — as well as a $5 million penalty. In exchange, the publishers will refrain from filing copyright infringement claims against Spotify. The settlement concerns mechanical licensing rights, which refer to a copyright holder’s control over the ability to reproduce a musical work. The rule goes back to the days of player-piano rolls, but in the digital era mechanical rights have joined the tangle of licensing deals that streaming services need to operate legally.”

You can see what a mess Copyright has become, when mechanical rights that go back to the player piano rolls are still discussed about today. And Spotify is just one streaming services. There are others that will need to do these kind of extortion deals and suddenly the NMPA is loaded up with cash in the hundreds of millions. All because the labels, the publishers and their lobby groups don’t pass on the monies earned to the people who actually create.

“I am thrilled that through this agreement, both independent and major publishers and songwriters will be able to get what is owed to them.”
David M. Israelite

I don’t know about anyone else, but what we have is a world of mega associations/corporations and labels living large off the value that music creates without really compensating those creators. Because as we have seen all around the world, these organisations like to accumulate and live the high life, but they don’t want to pay those monies in full to the people who really earn it.

If you don’t believe me, check out this article, over at Torrentfreak, where the Greek organisation in charge of collecting and paying artists royalties, was found to have serious financial irregularities where their operating expenses outstretched it’s income, creating an 11.3 million Euro deficit, while during the same period, the CEO, GM, PR and Secretary pocketed 5 million Euro’s.

As the Torrentfreak article states;

“By Dec. 31st 2014, the undistributed royalties to members and rights holders amounted to 42.5 million euros, and have still not been awarded to members. The nature of a significant portion of this collected revenue of approximately 36.8 million euros has not been possible to assess, because collection invoices weren’t correlated to specific revenues in AEPI’s IT system.”

So next time you read a piece of news about stronger Copyright’s needed to compensate artists, remember the fakery involved in that piece of news and how people who contribute nothing to culture and music, live a jet setter lifestyle on the backs of the artists.

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

Release Radar

Spot On Spotify

These are the songs that Spotify’s algorithms got spot on. Click the link to listen

Midnight Flyer by The Night Flight Orchestra
My favourite Swedish supergroup of metal heads is back, playing the classic rock music I love. This time around, it’s about a galactic space opera, where the human race is pitted against female space commanders with pearl necklaces. Brilliant

“I’m a stranger to myself
But still I long for the unknown”

Our love of adventure is what drives the world around.

Sinking Ship by Harem Scarem
What a funky groovy foot stomping riff?

How good is Pete Lesperance on guitar?

Along with Harry Hess they have navigated 30 years of Harem Scarem and 14 studio albums, plus their solo work and side projects. As a fan, I’m looking forward to the release of “United”.

When there’s no one out
When there’s nothing left
I’m gonna stand my ground
On a sinking ship

It sums up the career of Harem Scarem. When everyone abandoned hard rock, Harem Scarem, stood their ground. And the sinking ship of the genre is back on the ocean sailing to new horizons.

It’s The Right Time by Mitch Malloy featuring Van Halen
The long lost audition tapes between Van Hager and Van Cherone. As a guitarist, I dig the verses and the way EVH plays it, with palm muted arpeggios and staccato chords. It’s creative and innovative and that improvisation factor makes EVH unique.

In the end, I guess it wasn’t the right time for Malloy to join Van Halen.
“I go on gut feelings, and it was clear to me that something was amiss, so why continue?” It seemed like they were uneasy, and that whole presentation with Dave thing that they did for MTV … I mean everybody kind of knows now … that they were forced to [do that]. But I didn’t know they were going to do that, it was kind of like, ‘What is going on right now?’ It was a very strange time, and it didn’t feel good. [So] I was like, well, if they don’t want me, let me do them a favour and bow out.”
Mitch Malloy on why he didn’t join Van Halen 

Snakes In Paradise by Crazy Lixx
Great melodic rock from Sweden about snakes in paradise that feed you lies. What more do you want?

Never Was A Forever by Honeymoon Suite
It’s a good return to form for an old favourite of mine.

Don’t say you’re sorry
It’s an empty word when you don’t know what it means

It’s a brilliant lyric.

Light Me Up by Doom Unit
It’s got this swampy bluesy feel which I really dig. Plus the vocal melodies are addictive. And they are from Finland. I’ll be honest, there is something in the culture water’s around Northern Europe because there is so much good music coming out of the region.

When I start another day
I’m slowly drowning all the way
Light me up

Straight To The Top by Creye
Creye is another melodic rock band from Sweden with big keys and big 80’s chorus’s.

All the way to the end
This is your life
Don’t give up, don’t give in
Give it all you got
All the way to the end
Just follow your heart
Don’t give up, don’t give in
You’re going straight to the top

Yeah I know it’s clichéd and been used a million times, but it works.

Underneath by Blacktop Mojo
It’s a nice acoustic piece from these Texas boys who started off playing old country covers, and from time to time they would throw in some of their own stuff. With time, their originals got less twang and more distortion.

I trade this cloud for a hurricane
With enough water to wash away

What great lyrics to kick off the song.

Big Sky Country by KXM
There are some good musical movements. It actually sounds pretty similar to Metallica’s “Now That We’re Dead” in the intro, just a touch slower and a lot more groove.

“Shoot before you run”

It’s relevant to what is happening right now, with governments spying on their own citizens and terrorists driving their vehicles into crowds of people.

Undecided

These are the songs that have done enough to have me interested to check out some more. So I suppose it’s close to “Spot On Spotify” than “Misses”.

Broken by Falling In Reverse
I think this band has the potential to go really high and once they realise it, their classic metal masterpiece will come.

Age Of The Raven by The Raven Age
It’s aggressive and in a modern metal style I like. Just the lyrics are not connecting with me right now.

Stand My Ground by Adrenaline Rush
Musically it’s good, melodic rock but the vocals ruin it.

Remain Violent by Warbringer
It’s got that “Fight For Your Right to Party” vibe..

Half As Dead by Demonhunter
I’ve never heard any music from Demonhunter before this song, and with a name called Demonhunter, I expected a certain style. But I was surprised at the quality of the song, and that groovy riff.

Welcome To The Night by Night Demon
Again, I wasn’t sure what style I expected, but the New Wave Of British Of Heavy Metal merged with melodic rock was not the style I expected. At one stage it reminded me of Iron Maiden’s first album.

Warrior by Dead By April
This band kills me. Drop the screamo vocals, because musically the song is brilliant and when the clean tone vocals happen, it’s on.

Eating Lies by Blaze Bayley
Musically the song is brilliant, but man Blaze’s vocals really don’t connect with me.

How Could I Let You Go by Confess
The song is a typical power melodic rock ballad, however I am interested to hear how they rock, because even though the ballad doesn’t move my world, it’s done well.

Only The Dead by Westfield Massacre
It’s got enough there to get me interested.

Misses

Only Broken Heart by Warrant
Not too sure what to make of their Thin Lizzy inspired vibe. I suppose Warrant will forever be remembered as Jani Lane’s Cherry Pie instead of Uncle Tom’s Cabin and April 2013. Hence the reason to retire the Warrant name and start afresh, in the same way, Black Star Riders retired the Thin Lizzy name and started new.

Day and Night by Night Ranger
They have released a few songs from the new forthcoming album. “Truth” and “Comfort Me” are okay, this one is a big miss.

Lonely Nights by Bonfire
These are 50 year old men, singing about “Lonely Nights” and believing they are 20 again. Such a shame, as Bonfire between 1988 and 1994 was essential listening for me.

All I Got Is You by Deep Purple
Sorry guys, as good as the music is, the lyrics just don’t connect.

Shimmering Status by Cellador
Epic speed power metal just doesn’t do it for me. Dragonforce made sure of that.

Trouble by Tesseract
It’s a dance act that uses the same name as the progressive rock band I follow. Lame Spotify, surely you are able to distinguish between dance acts and rock acts.

Song For The Dead by Carach Angren
Don’t know why this would be in my release radar as I don’t listen to artists that could be even similar nor do I even follow this band.

Here’s To The Crazy Ones by John 5
“The Black Grass Plague” was a brilliant instrumental fusing country with metal. This one is a miss.

Hand Of Hell by The Doomsday Kingdom
The riffs are okay.

Click the link to listen

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