Category Archives: Music

Music, My Stories, Stupidity, Treating Fans Like Shit

The Departed Bassist Breaks His Silence; Adam Duce vs Machine Head

This is big.

Read the full story here.

If you don’t want to click on the link, here is the gist of the news;

SAN FRANCISCO (CN) – Machine Head kicked out bassist/co-founder Adam Duce just before signing a new record deal then falsely claimed he had quit the metal band because he was “sick of it,” Duce claims in court.

Duce sued the band, its three current members and manager in Federal Court, alleging trademark infringement, breach of partnership agreement and defamation, among other things.

Duce and defendant Robert Flynn founded the band in 1991. Machine Head has sold more than 3 million albums and done four tours that grossed several million dollars, according to the lawsuit.
For the first 10 years the band had various members, but from 2002 until February 2013, Machine Head consisted of Duce, Flynn, and defendants David McClain and Phil Demmel, Duce says.

The band formed a general partnership – Machine Head – and a corporation – Head Machine Touring Inc. – under which each member owned 25 percent. But despite this, Flynn got a larger portion of the band’s income, Duce claims.

The band released albums in 2001, 2003, 2007 and 2011 and toured after each release.
“Despite their increase in popularity and touring revenue, plaintiff became concerned with how little income he was receiving, despite the time and hard work put in to developing the Band,” Duce says in the complaint.

He says he questioned Flynn and the band’s manager, defendant Joseph W. Huston, but never got a satisfactory answer.

In 2009, Machine Head toured with Metallica in Europe, grossing more than $2 million. A 2012 Europe tour grossed more than $3 million, according to the complaint.

“After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that Huston, Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of ‘expenses,'” Duce says in the lawsuit.

Huston and the band’s management companies received a percentage of the band’s gross income, but the band members were not receiving “an income commensurate with the work put in and the income earned,” according to the complaint.

“Despite plaintiff’s expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser,” Duce says.

On Feb. 11, 2013, as the band was seeking a new record deal, “Flynn, Huston, and the rest of the Band ‘fired’ plaintiff – expelling him from the band after he put 21 years of his life into it,” Duce says.

Duce believes he was fired just before the deal was completed with defendant Nuclear Blast America to allow the other band members to make a bigger profit.
Flynn announced Duce’s departure on Machine Head’s website by “directly attacking plaintiff’s work ethic,” Duce says in the complaint.

“Therein, Flynn stated, inter alia, ‘We may have fired Adam on 2-11-13, but Adam quit Machine Head well over a decade ago. He just never bothered to tell anyone … but we all knew it.’ Flynn went on further in the diary entry, continuing to say about plaintiff, ‘No matter how un-happy [sic] or fed up he got, quitting the band would be seen as ‘losing’ or a ‘failure.’ Truth be told, he was sick of it. Sick of touring, sick of recording, sick of practicing, sick of looking at album artwork, sick of being-on-a-team-but-never-getting-the-ball, sick of yearning-for-the-honeymoon-to-resume when 20 years deep it never does. Sick of never quite hitting the big-time, sick of carving the niche … sick of caring.'” (Ellipses in complaint.)

Duce was replaced as bassist and back-up singer in June 2013 with defendant Jared MacEachern.

Duce says he still holds interest in the band’s partnership and company, but has not received any distributions from either. He claims that no agreement was ever made about his share of future royalties and profits.

The other band members “simply kicked him out of the band and presumed he would forget about over two decades of hard work, dedication, and effort he put into the Band,” Duce says.

The band continues to use Machine Head’s mark for musical recordings, live shows and merchandise, and performs as Machine Head, though the public associates Machine Head as “featuring Adam Duce playing bass guitar and singing backup vocals as it has for over 20 years,” according to the complaint.

Duce also says his likeness is used on the band’s website and in promotions without his authorization.

He seeks damages and punitive damages for trademark infringement, breach of fiduciary duty, breach of partnership agreement, intentional and negligent interference with prospective economic relations, negligence, defamation and unfair competition, and he and wants the band enjoined from using the Machine Head marks.

He is represented by Yano L. Rubinstein

When a member leaves or is fired from a band (depending on what story you believe), this rubbish normally happens and it is a dead set shame.

It will all come down to the band agreement in place. Being in bands previously, the band agreement is a document that is meant to be fair amongst the band members. Of course, in every band there is always one member that goes above the call of duty to keep the wheels turning, however their percentage split is still not that huge compared to the other members.

I think it is safe to say that Robb Flynn is that person in Machine Head that goes above the call of duty. He is a lifer when it comes to music. He lives and breathes Machine Head. He is the main songwriter, the one that goes home and thinks about Machine Head. The one that dreams about Machine Head. The one that stays to the late hours recording the albums, mixing them and all of that.

There are no winners in court cases like these except the lawyers/attorneys.

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Music, My Stories, Treating Fans Like Shit

The Challenge To Believe

The challenge for today’s record labels is to undo everything that they have created or has happened over the last 50 years. The record labels arose as a way to get music out of its city venue limitations and into the greater world.

Once upon a time, many many many (to borrow from Commandant Lassard from Police Academy) wonderful record labels existed. However in time these record labels formed into mega corporations with the emphasis on lower costs and high profit margins. Smaller labels got taken over by medium sized labels and in time, medium sized labels got taken over by large sized labels. Throughout the Eighties and Nineties, the labels employed people that figured out how to engineer processes and machines to drive productivity and profit.

The labels ruled the kingdom unchallenged until another corporation called social disruption reared its head.

It started with a technology called Napster and society showed the powerful record labels what they think of their high prices.

Today social disruption is real and growing and the mega labels don’t like it. It means that they have to step down from their thrones, and create real social human relationships. It means that the artists who used to be locked away and surrounded by enablers need to build personal relationships with their fans.

The ones that are failing to do it have already fallen by the wayside. The ones that achieved success during the gatekeeper controlled era of the record label are dabbling in it and then there are the ones who are just good at it.

Let’s see what the record labels are doing;

First lets get one thing out of the way. The record labels still serve a purpose. Most of the music I purchase or stream are from bands on a record label. However, they have dished out so much bad will in the last 20 years, it’s hard to be supportive.

In the last 10 years, the record labels have constantly stated that the “biggest threat” they face is continued copyright infringement. They point to research that shows how it is destroying businesses, employments and other sectors. They get people in the press and they get elected politicians on their side who believe those claims. Because, hey, big copyright monopoly companies said that copyright infringement is a threat so it must be a threat.

Did you know that Vivendi (owner of Universal Music) commissioned 23 reports and only 5 of those reports mentioned copyright infringement as a potential risk. Guess which reports got released to the public. Universal is also known as a robotic copyright enforcer. Go to Google and see their transparency report.

Did you know that Sony (Sony Music and Sony Pictures) commissioned 15 reports and only 2 of those reports mentioned copyright infringement as a potential risk. Did you know that in their recent annual report the company listed copyright infringement as a major risk to their business, however 13 reports out of 15 disagree.

The record labels seem to forget that humans need to belong. That is why we connect with family, artists, sporting teams/individuals, movies, books and the community. When we belong to something, we believe that our existence is enhanced because we belong to a certain group.

Growing up the Eighties I believed in music/artists, sports and the law. Over the last 20 years, music has done its best to disgrace itself. First off the $30 price tag for a CD. Then the Record Labels killed off the whole hard rock genre even though fans of that genre still existed. The artists that I believed in all imploded forced out of the music business by the gatekeepers.

Metallica went alternative and then went against their sharing nature when they took Napster to court.

Motley Crue went sideways when they released Vince Neil and then released a great album with John Corabi that no one heard and then when they got Vince back they went sideways again with “Generation Swine”. Then Tommy Lee left and “New Tattoo” was a bland affair. It took “The Dirt” and a couple of interesting home movies starring Tommy Lee and Vince Neil that set them back up again.

The sports team that I supported had to merge with another sporting team to become the West Tigers (I was a Tigers fan). It is now a hybrid team. Soccer (football) in Australia kept on declining in a white wash of corruption and ethnic teams.

Then after I had kids and they started to show sporting potential, I find out that the representative teams pick the best players of the parents who have the capacity to pay the $1500 to $2000 fee.

The law has shown that it was never about the law but about the people who had the capacity to pay. Copyright infringers get punishments more severe than murderers and drug dealers.

Who should I believe in now? Who should my children believe in?

Music still plays an important part of my life. The ideals of artists who have sadly departed like Randy Rhoads and Dimebag Darrell still inspire and still matter.

The viewpoints of current artists like Robb Flynn, Dee Snider, Nikki Sixx, Randy Blythe, Bob Daisley, Dave Mustaine and many others still matter.

Technology is another enterprise that I believe in. The sharing of culture and the expansion of the public domain is another area that I believe in.

And I’m finding out that others also believe the same as me.

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Classic Songs to Be Discovered, Music, My Stories

Symbolic Acts Into Another

My relationship with weight has been yoyo’ish. I was always overweight growing up. Some years it was more than others. As my height was shooting up, my weight would adjust to be within the normal ranges for a while and after a few months I would pound em on.

When I turned 17 I started going to the gym and within a 12 month period I was down to 92kg. I started playing soccer again, so along with soccer training and gym training my weight went down to 82kg. That is the lightest I have ever been. I felt great and I looked great, however according to the BMI index I was still overweight for my 6 foot height.

Then I broke my leg.

I didn’t know I broke it at the time. I remember going into a slight tackle with my goal keeper and the other teams striker. Our legs collided and I remember the pain as I hit the ground. However I saw that the ref hadn’t blown the whistle as yet and I got up to kick the ball out. As I stood on my left foot to kick the ball out with my right, I collapsed again.

I called to the sideline to replace me. The game was only 12 minutes old. I limped off to the change room, had a shower and got changed. I then tried to walk the best I could to the stands to watch the rest of the game, having a few smokes and a few beers during the game, along with an ice pack on my knee.

After the game was over, I limped back to the van I was driving along with a few other players that I had to take home. Eventually I got home myself and went to bed. During the night, I felt the leg getting sorer and more painful, however at no stage did I think it was a broken leg.

Morning came and my brother called me to get ready for work. At the time I was doing concreting with him. I told him I cant as my leg was hurting me. My brother looked disappointed and he thought I was faking it to have a day off. My bro is 10 years older than me and during my teen years, he was my bank roll, no questions asked.

Eventually the whole family left for work and I was alone at home. Being awake, the pain got worse and i started to get dizzy from the pain. I needed to go to the toilet but I couldn’t. As I stood up, the pain got super intense and I sat back down again. I needed to call someone, however the phone was about 10 metres away. It was agony, however it was only the beginning.

My godfather eventually came over, however it was by pure accident. He was coming over to see my parents and he ended up being my hospital driver, plus he went back home to get his fathers’ crutches for me.

So I finally get to the hospital and check in. Then I am in the waiting room. After 2 hours I get called for X-Rays. Then I am back in the waiting room. Another hour goes by and a doctor calls me in.

Then I wait another hour as the Doctor attends to 6 different patients in 6 different rooms. Eventually he tells me that nothing is broken as shown on the X-Ray and that it could be a ligament tear. I tell the Doctor that I want to see a specialist, so he gives me a referral with a booking in six weeks. I said no chance, the booking has to be today. This pain is too intense. So I was the last one in the afternoon to see the specialist who resided across the road from the hospital.

He took one look at the X-Ray and told me that my leg is broken. He called the hospital and organised for me to get it put in a plaster cast. The cast started at my ankle and went all the way up to my thigh. Thank god I insisted on seeing the specialist right away. Imagine I waited six weeks to see him. My broken leg would have started to heal incorrectly.

For three months I was out of action.

All I had was my Winfield Blues, my acoustic guitar, Coca Cola, more caffeine from coffees, a notepad to write songs and my music.

I was overdosing on Dream Theater’s “Images and Words” and “Awake”, Blind Guardian’s “Somewhere Far Beyond”, Tad Morose’s “Sender of Thoughts”, Fates Warnings “Inside Out” and “Parallels”, Morgana Lefay’s “Sanctified” and Queensryche’s “Empire” and “Promised Land”. On top of all that was Blue Murder’s “Nothin But Trouble” (I was replaying “Cry For Love” and “We All Fall Down” constantly) and the new super heavy John Corabi Motley Crue album.

When all you have is a lot of time to recuperate, you start to be very productive. The downside is that you also have a lot of time to think. Being injured sucks. It’s all mental. For the first week, I was thinking of what I could have done different to avoid the tackle. Then I was thinking it was meant to be. Then I lost so much leg muscle that the plaster cast got so loose, that I had to go back to hospital to get a new one put on.

Through it all there was music and “Subhuman Race” from Skid Row just hit the streets.

“Into Another” is as Rush as Skid Row could get. Sebastian Bach is a huge fan of Rush, however the song is written by the heart and soul of Skid Row, Rachel Bolan and Dave Sabo.

It’s 7/4 in the verses and then it moves to a 4/4 timing in the chorus.

Searching for circles end
Hoping the wounds will mend
Should this scar, then it was meant to be

The song hit me from the start. I felt like I was that person who was going through the healing process, something that I have never gone through before and I had to do this all on my own. For 4 minutes and 2 seconds all of my problems didn’t exist.

The my cousin brought over “Symbolic” from Death.

I don’t mean to dwell
But I can’t help myself
When I feel the vibe
And taste a memory
Of a time in a life
When years seemed to stand still

I felt like I was back in 1984, going to the beach, catching waves and overdosing on heavy metal. An innocent time that is forever etched in my memory.

When did it begin?
The change to come was undetectable
The open wounds expose the importance of
Our innocence
A high that can never be bought or sold

And then I am older. Where did the years go? What happened to the innocent dreams?

Do you remember when
Things seemed so eternal?
Heroes were so real…
Their magic frozen in time

Thanks Chuck Schuldiner. Rest In Peace. You are the real hero forever frozen in time.

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Music, My Stories

A Day In The Life of Sevendust, Soundwave and AJ Maddah

I purchased tickets to watch Sevendust open up for Creed as part of their Australian Tour back in March 2002. ONE week before the tour started, Sevendust pulled out due to “undisclosed unforeseen circumstances.” In their place was a band called “Crash Palace”. I was like WHO. I didn’t purchase tickets to watch Creed and Crash Palace. I purchased tickets to watch Sevendust only.

As a Sevendust fan I was disappointed. A week after they announced the “undisclosed unforeseen circumstances” press release, drummer Morgan Rose said that the reason why the band pulled out was that John Connolly’s grandmother passed away and he needed to be there. Also Clint Lowery married his long-time girlfriend and needed to spend more time with her.

In March 2004, Sevendust toured Australia as headliners with support from Sunk Loto and Full Scale. At that time I wasn’t financially viable and I didn’t end up going to the shows.

In May 2006, Sevendust cancelled a planned UK/European tour due to a “lack of tour support”.

In March, 2008, Sevendust toured Australia again.

Then Sevendust where on schedule to appear with Avenged Sevenfold. I didn’t mind Avenged Sevenfold, however I purchased tickets based on Sevendust appearing. Then in July, two weeks before the Australian tour commences, they issued the following message;

“Unfortunately we will not be making the trip to Australia this time with A7X. We will be making plans to come back soon. So sorry for any inconvenience and look forward to our next tour there.”

In 2010, Sevendust pulled the plug on their European tour earlier than scheduled for “circumstances beyond their control” .

In 2011, Sevendust made the trip to Australia, playing Soundwave and they also did a few Sidewave Shows as well.

In November 2013, Sevendust dropped off the “From Death To Destiny Tour” with Asking Alexandria, All That Remains, Emmure and For Today several dates earlier due to a “personal family matter.”

Now we have this issue of the Soundwave cancellation. The way the parties tell it is that the band asked for assistance with additional costs and if Soundwave/AJ Maddah didn’t agree to the request, Sevendust still had a Plan B to get to Australia. However, the rejection from Soundwave/AJ Maddah was a swift denial of their request for additional assistance and a cancellation of their Soundwave spot.

Okay, as a fan it is disappointing when a band you like and purchase tickets to go and watch, don’t end up showing up. Based on the above, Sevendust has built up a healthy trend of cancelling tours. The Australian tour cancellations are always hard to swallow as they happen a week or two before the shows are meant to start while some of the other tours have been cancelled mid-way.

It’s very easy to get caught up on the cancellations and forget the amount of shows that Sevendust play each year. Go to Google and type in “setlist.fm Sevendust”.

In 2013, Sevendust played 116 shows.

For comparison sake, Bon Jovi played 106 shows. Five Finger Death Punch played 78 shows. Coheed and Cambria played 97 shows. Shinedown played 103 shows. Volbeat played 131 shows. Avenged Sevenfold who had the most successful album of 2013 in the metal genre played only 49 shows.

The only band to eclipse Sevendust in the “Road Warrior” title of the year is Volbeat.

2012 was a lean concert year for Sevendust, playing only 19 shows.

In 2011, Sevendust played 120 shows.

To compare again, Bon Jovi played 65 shows. Five Finger Death Punch played 46 shows. Coheed and Cambria played 44 shows. Shinedown didn’t play any shows in 2011, however in 2010 they played 101 shows and in 2012 they played 128 shows. Volbeat played 97 shows. Avenged Sevenfold played 120 shows and shared the honours with Sevendust in the “Road Warrior” title of the year.

2010 saw Sevendust play 69 shows.

So what does the above tell you about Sevendust. They are bloody hard workers, who put in a lot of miles to perform to their audience. Of course it is disappointing that they have had to withdraw from a few Australian tours, however they are in the music business. With any business, why should anyone do something at a loss or if they can’t make any money from it. The only crime from Sevendust is not being transparent enough. We live in an information society and the fans wanted the information straight from the band.

As the war of Twitter words escalated, the story started to become clearer however that was all too late. The band has the attention of their fans via Facebook and other social media outlets. They should use that notice board to communicate with them in a proper personal way, not in the PR way of “unforeseen circumstances beyond our control”.

For any band to tour Australia it is a costly exercise. With our declining dollar, it will make it even more costly. I remember the nineties and the early two thousands. Not a lot of metal bands toured Australia when our dollar was worth 50 cents US. It wasn’t worth it.

AJ Maddah calls Sevendust pissweak for cancelling on him on three occasions. So what about the 314 shows the band has played since 2010. Three Australian tour cancellations vs 314 shows. I don’t call that pissweak.

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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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Music

The Copyright That Should Not Be

“The Thing That Should Not Be” from Metallica is inspired by H.P Lovecraft and the story of Cthulu the Apocalyptic Elder God lying in a dream state within his sunken kingdom of R’lyeh.

Today, “The Thing That Should Not Be” is the story of Copyright, the Monopoly Elder God, awakened from its dream state to lobby hard again so that politicians get laws extended once again.

In 1998, the US Congress agreed to grant another 20 years of copyright protection to every film, book and song in the land. Now those same laws are under review once again.

“Messenger of Fear in sight
Dark deception kills the light”

That is what the Copyright monopolies are. Messengers that spread a fear that doesn’t exist. Deceiving people by selectively quoting from studies that they have paid for. Telling people that Copyright needs to be locked away

“Cyber children sharing free
Pray for Freedom, liberty”

The media portray it as piracy. The children see it as culture. With all the supposed rampant piracy doing the rounds, box office returns for 2013 has eclipsed the previous years returns. So what do the esteemed leaders and lobby groups do, conduct a review of copyright laws. It’s happening in America and in Australia. Politicians are debating, along with interested lobby groups, new laws to stop piracy by extending copyright terms, so that works don’t fall into the public domain.

“Fearless kids
Are downloading
Copyright
Watches, lurking to see
Courts blockade
Forbidden sites
Google search
Hunter of the wealthy is rising”

Hollywood and the music industry are the ones that hold the monopoly on copyright. However, Tech companies like Google who are in favour of an expanded public domain, now have increased lobbying efforts. Other Public Domain not for profit organisations have also risen.

“Corruption
In payments leaders dwell

Crawling Chaos, underground
Corporate summons, evil goes round

Monopolies fight tooth and nail
Copyright falls, time to fail”

The world needs a sensible copyright policy. Current terms need to be shortened and any punishment for infringement needs to be sensible. The whole process of songwriter royalties vs performance royalties vs publishing royalties vs licensing fees, needs to be sensibly re-written. The whole process of copyright take downs sent by machines to machines needs to be looked at and sensibly re-written. Look at the recent issue between Lawrence Lessig and Liberation Music.

Liberation is not the only music label to enforce their copyrights robotically. Go to the Google transparency report and have a look.

Musical rights organisations, BPI and the RIAA are leading the way.

“Enforcing rights by machines
Copyright as censorship
The Copyright That Should Not Be”

Copyright in it’s current form allowed John Fogerty to be sued. Seriously, the court case was about John Fogerty plagiarising John Fogerty. Copyright in it’s current form neglects to compensate Andy Summers, while Sting rakes it in because he is listed as the main songwriter for “Every Breath You Take” however it was the main guitar line that Puff Daddy sampled.

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A to Z of Making It, Music, My Stories

Anthem (We Are Trivium)

Matt Heafy was asked to describe Trivium in three words in an interview;

“First word–kinda smart about it–would be Trivium. The second word would be metal. These are individual words, not to be connected, by the way. And… lifestyle. Because, the way I look at the metal scene, it isn’t just a genre that you turn on and off. Metal is a lifestyle that is meant to be eaten and breathed, and to rectify people who enjoy it. In the U.S. it’s not so much this way…metal is… I’m not saying that it isn’t respected here, but it isn’t respected the way that say, Germany or South America looks at metal, where it is legitimately a cultural way that people live. There’s a small population in this country that does that, but I would like to see that enhanced.”

I was listening to “Vengeance Falls” on the way in to work today. I haven’t cranked it in about 5 weeks. Man, those opening four tracks I really dig. Metal is a lifestyle is what Heafy said, and when done right it is only style.

Trivium has never had it easy. They basically grew up in the eye of the public. Seriously, Matt Heafy was only 17 when Trivium released “Ember To Inferno”. At one stage Trivium was hailed as the future of thrash, while at the same time they where also called Metallica copycats.

With each album release it is like deja-vu for Trivium. People slam it, people love it or people just cant decide.

When “The Crusade” came out, everyone blasted the vocal melodies because they sound like James Hetfield in style, phrasing and tone. If it wasn’t the James Hetfield vocal melodies, it was the lack of screaming in the vocals.

This is what Matt Heafy said in an interview with the Phoenix New Times blog about their albums;

“And every album has been received bigger or smaller in certain territories. “Ascendancy” for example did incredible well in the UK and the U.S., and didn’t really do anything anywhere else. “The Crusade”, as far as the popular mind went, wasn’t well received in the UK and the US but it opened the doors for us in Europe. “Shogun” wasn’t anything that was really talked about when it first came out, but nowadays people hail it as our best album. “In Waves” blew the doors open for us in Germany, and “Vengeance Falls” blew the doors open for us in Japan. With every record we have a different faction of fans who appreciate it. It’s refreshing I would imagine for the fans that we’re a band that never releases the same record twice.”

One thing is clear; Trivium is not afraid to try things out and I like that. Every album is different in a way, and every fan has a different favourite album. There is no unanimous favourite album amongst fans.

I’m a fan of all their albums as they all have something different or special about them. It is like the fan is taken on the Trivium journey/odyssey of trying to find their sound. As a fan it keeps you interested, and they never diverge too far from their core feel which is always heavy/thrash/melodic metal. They are doing a good job at it and they always produce some pretty tough songs.

“Ascendency” has “Pulling Harder On The Strings Of Your Martyr” which is just epic, along with “A Gunshot To The Head Of Trepidation”.

“The Crusade” has “The Rising”, “Tread the Floods”, “Anthem (We Are Fire)” and “The Crusade”.

“Shogun” has “Down From The Sky”, “Into The Mouth Of Hell”, “Throes Of Perdition”, “Kiruste Gomen” and of course the epic masterpiece that is “Shogun”.

“In Waves”; I would only skip probably 3 songs on that whole album and that’s the special edition.

All albums have a different feel to them, yet are still brutal in many ways. They are definitely one of the main Heavy Metal players of today. Hopefully for the next album they take on a Prog approach, I think that would be pretty special. Heavy + Thrash + Prog. I’d be pre-ordering that for sure!

I will finish the post with some final words from Matt Heafy from the recent Revolver issue (Dec 2013/ Jan 2014);

“Our skin has toughened and now we just do what we want to do, whenever we want to do it.”

Keep on doing it.

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Music

American Hustle

I watched “American Hustle” last night. Christian Bale is a dead set rock star. He is the most versatile actor I have seen. He plays American characters better than American characters. He even gained 19.5 kg for the flick and who can forget his ghost/wraith like appearance in “The Machinist” where he lost 27kg.

What a top supporting cast in Bradley Cooper, Jeremy Renner, Jennifer Lawrence, Amy Smart and Robert DeNiro. DeNiro was at his best in his small cameo. He was menacing, especially when he broke out the Arab talk to the fake Mexican sheikh.

Great movie and a lot of funny scenes like when Cooper’s character goes to town on his FBI boss. That is a WTF moment especially afterwards when the boss is confessing to the Prosecutor the events and whole confession gets hijacked by Cooper into setting up the sting that his FBI boss was against. And we never got to hear the end of the ice fishing story.

The other star of the movie is Director, David Russell.

Silver Linings Playbook was a surprise to me. It was funny but real in a way and it kept you interested through the whole thing. Even though it was essentially a romantic comedy, it didn’t really come across like that at all.

American Hustle did the job as well. When looking at both flicks now, I think the key part are the characters in these movies and how all of them are eccentric in a way, none of them could really be seen as normal, there is something about them that makes them all complicated and nuts.

Jennifer Lawrence was the funniest in this flick though, she was a complete nutter but she knew exactly what she was doing. There is the aluminium foil in the “science oven” scene and the Amy Smart toilet confrontation. Add to that the scene when she sells out Christian Bale to the mob, and afterwards convinces him to thank her for it.

Russell is on a hit streak. He has followed up a “The Fighter” with “Silver Linings Playbook” and “American Hustle”. In a world where here today and gone tomorrow is the new paradigm, Russell has stuck around by delivering the hits.

Russell is building a reputation like Tarrentino. He has his own style and own way of making a movie. With his hit ratio, he is able to draw in whatever talent he wants and like Tarrentino he is proving that whatever actor/actress he chooses their stocks go up a notch. Russell’s next flick is “Legacy of Secrecy” will star Leonardo DiCaprio and Robert De Niro. The JFK assassination gets another cinematic round. Will it be another hit for Russell.

In “The Fighter” Bale stole the show again as the ice addicted older brother of Wahlberg’s character that just couldn’t shake a drug habit and in the end it cost him his boxing career. It’s got some WTF scenes in that movie as well like how scared he was from his mum and when she went to one of the drug houses, Bale gets freaked out and jumps out of the second story, landing on a couch and walking away with a limp.

Bale is one of those actors that is outputting movies. He first came to my attention in “American Psycho” released in 2000. It was a small budget film that tripled its return. Reign Of Fire and Equilibrium came next in 2002. Reign of Fire had a $50 million budget and it made money, while Equilibrium didn’t make money however it was my favourite. I love the whole dystopian society theme. It cost $20 million and returned around $6 million.

In 2004, “The Machinist” hit the market along with a very thin Christian Bale. It was another small budget movie (costing $5 million and returning $9 million).

From when “Batman Begins” came out in 2005, Bale’s star has risen with each movie. There is a mix of big budget movies and low budget movies. The big budget movies returned profits and some of the low budget movies are hit and miss. In eight years, up until 2013, Bale churned out 15 movies. You see, he gets it. It’s about being in the public eye, however musical artists still don’t get it.

Along with the record labels, they keep releasing an album every two years only to see that album disappear from the conversation after six weeks. Of course some albums hang around longer than that. Volbeat, Five Finger Death Punch, Skillet, Killswitch Engage, Avenged Sevenfold and Shinedown are a few bands that come to mind.

Just because everybody is still doing it the same way, that does not mean an artist can’t break the rules. But the music business is lost in the past, shackled by legacy. Always screaming for laws to get passed to protect their business models. However, the actors get the modern paradigm, even though the studio heads don’t.

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Music

Every Sample You Take

This is part of the music business that I really hate.

Everyone knows the song, “Every Breath You Take”. It is from the mega selling “Synchronicity” album from The Police and it is credited as a Sting composition. Now as a songwriter, I believe that Sting wrote the song and should be credited as the song writer. However, it is the Andy Summers guitar riff that is even more iconic and the way Summers chose to play a simple A-F#m-D-E chord progression is what made the song a “super hit”. However Sting is credited as the songwriter, so he gets all of the publishing royalties.

So when Puff Daddy appropriated the iconic riff, along with the Chorus vocal melody for his hit song “I’ll Be Missing You” it was Sting that got paid the royalties. Due to Puff Daddy not asking for permission to sample to the song, Sting used copyright law to have the song listed as 100% to him. So from the Puff Daddy version (which sold seven million copies and won a Grammy for Best Rap Performance by a Duo or Group) Sting earns $730,000 a year in royalties from only one song, ‘Every Breath You Take.’

So what did Andy Summers get. In the end, both versions have the defining guitar part and that part was created by Andy Summers. From the “Puff Daddy” version, Summers got zero. A big fat zero. The reason is that he does not have a co-writing credit on “Every Breath You Take”. Whatever band agreement “The Police” had when they were in operation would have focused on their songs only and it would not have taken into account profits made from sampling.

It is a ridiculous process because Sting as the song writer had to give his permission and received payment for its use however Summers did not and it was his actual piece of music that was sampled.

Summers said in an interview with the A.V Club that the popularity of the track made it even harder for him to swallow his inadvertent participation.

“He actually sampled my guitar, and that’s what he based his whole track on,” he notes. “Stewart’s not on it. Sting’s not on it. I’d be walking round Tower Records, and the thing would be playing over and over. It was very bizarre while it lasted.”

This is what Summers said in a Guitar World interview about “Every Breath You Take”.

“When Sting first brought that song in, I didn’t think we could do it. What he came in with was something completely different from what we ended up with. He had this thing that sort of sounded like “sub-Yes” with all of these huge rolling synthesizers. He made a demo, but it didn’t sound anything like us at all. But that was what the story was with much of the material. Our word was that we had to “Police-ify” it, which basically meant the chemistry of the three of us playing on the track, each guy doing his own thing. That’s what made it sound like the Police. The thing that’s so great about all of those tracks is not just the song writing, but also the way they’re played. It was a sound only the three of us could get across.”

That is a crucial world, POLICE-IFY.

2013 marked the 30th anniversary of “Synchronicity”. The album made “The Police” kings of the world. It went straight to number 1, by knocking out Michael Jackson’s “Thriller”. The music will live forever with us and the iconic music in “Every Breath You Take” is played by Andy Summers. But Sting gets all the royalties. Next time, someone tells you that Copyright is great for artists, remember this example. Copyright needs to be re-written not re-extended. It is out of touch with the world.

Former Police Guitarist Andy Summers on His New Band, Circa Zero: “It’s What I Thought the Police Should Have Done, But Didn’t” http://www.guitarworld.com/former-police-guitarist-andy-summers-discusses-his-new-band-circa-zero

Sting Earns $2,000 a Day Because Puff Daddy Didn’t Say ‘Please’ Back in 1997 – http://ultimateclassicrock.com/sting-puff-daddy-2000-a-day/

Andy Summers of the Police Calls Puff Daddy’s ‘I’ll Be Missing You’ a ‘Major Rip-Off’ – http://ultimateclassicrock.com/police-puff-daddy-rip-off/

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

Thank God For The Truth

“The Ultimate Sin” is a misunderstood album. It is loved by many as much as it is hated.

By 1986, the legend of Ozzy Osbourne was growing. After writing the “Bark At The Moon” album with one finger on the piano (I mean this is a sarcastic way), the heavy metal community waited with anticipation as to what he would do next.

Amongst the fans, Randy Rhoads and his tragic death was still getting all the attention. Magazines focused more on Randy Rhoads than Jake E.Lee. Ozzy was in rehab once again after going off the rails once again. The person that held it all together during this period was Bob Daisley. He was the glue. Sharon Osbourne managed Ozzy; however, if it wasn’t for Bob Daisley coming back over and over again, Ozzy’s solo career in the Eighties would have been a different story.

Daisley brought back the Ozzy legend from obscurity. Ozzy had the controversial headlines, but it was Daisley with his uncredited lyrics that connected with us. And it was a Daisley track called “Flying High Again” that broke Ozzy to the U.S market. When people see a song written by a singer, a guitarist and the bassist, 99.9% of the people will believe that the musical players wrote the music and that the singer wrote the lyrics. However that was not the case with Ozzy.

“Flying High Again” paved the way for what was to come. It was a radio staple and it is Bob Daisley’s title and lyrics. As is often the case, Ozzy became a brand name and the individuals around him became forgotten.

Yet all of Bob Daisley’s Blizzard Of Ozz tunes stay in rotation. And we loved them back then; however we didn’t know the truth. We assumed that what was written on the album sleeve was correct and what was said in an interview was the truth. Seriously, why would our heroes lie?

And none of the tracks were hits like the hits that Billboard and the mainstream press trump up as hits.

So coming into “The Ultimate Sin” album process, the Osbourne camp needed ideas. Jake E. Lee got burned on the song writing credits for the “Bark At The Moon” album, so he demanded a contract up front before he even started writing. It’s not an ideal way to commence the album development cycle however this litigious house is the house that Sharon built.

Ozzy of course was in a bad shape and had a stint in rehab. When he came out of rehab, Jake had already compiled 12 songs ready. This is what Jake E. Lee said in a Guitar World interview from November 1986;

“On the Ultimate Sin, while Ozzy was in the Betty Ford clinic, I got a drum machine, one of those mini-studios, a bass from Charvel-a really shitty one-and I more or less wrote entire songs. I didn’t write melodies or lyrics because Ozzy is bound to do a lot of changing if I was to do that, I just write the music. I write the riff and I’ll come up with a chorus, verse, bridge and solo section, and I’ll write the drum and bass parts I had in mind. I put about 12 songs like that down on tape and when he got out of the Betty Ford clinic it was, “Here ya go, here’s what I’ve got so far.” And I’d say half of it ended up on the album.”

The other piece in the puzzle was Bob Daisley. Apart from “Shot In The Dark” (which is credited to Phil Soussan and Ozzy Osbourne) all of the lyrics on “The Ultimate Sin” are written by Bob Daisley. This is what Bob Daisley said on the album in an interview on the BraveWords website;

“I did write the album with Jake and then Ozzy and I had a falling out and he fired me and he was going to fire Jake as well. I’ve never been a ‘yes’ man. So a few weeks later, he called me and he had Phil Soussan on bass but I’d already written a lot of the music with Jake so they knew they had to credit me on the songs anyway so I guess he thought he may as well get his money’s worth and asked me to come back and write the lyrics also. I did that as sort of a paid job. I write it, you pay me and take it and go. So I spent a few weeks writing the lyrics for the whole album. Then they recorded it. In a way, I am glad I am not on that album. It’s the one album I didn’t really like”

Of course, the Osbourne’s didn’t credit Daisley for his song writing contributions on the initial 1986 pressing of the album, though this was corrected on subsequent pressings. So there are 500,000 albums out there that doesn’t credit Bob Daisley.

Another form of controversy centered around “Shot In The Dark”.

“Shot in the Dark”

This is what Phil Soussan said about the song on the Songfacts website;

“It is metaphorical for someone who wants to change. He wants to end what has been and start from new but only has so much control! Literally, he turns his back on what has been his life!”

In a Noiscreep interview, Phil Soussan stated the following;

“The original song version and lyrics was what I presented to Ozzy at that time. I have always been a huge Pink Panther fanatic and the title and song subject were written as such. The idea was originally a fast tempo track and Ozzy loved the lyrics. He made some changes to it; added some melody and the part just before the solo. He wanted me to come up with some lyric changes here and there to make it “darker” while keeping the original premise.”

This is what Jake E Lee said in a Guitar World interview from November 1986;

“I write a lot of songs like that-most of the songs I’ve kept have been really commercial or really weird-and I wasn’t so sure of that when Phil (Soussan-bassist and writer of “Shot In The Dark”) first presented it. It was getting kind of commercial and Ozzy wasn’t too sure of it either. But Ron Nevison (producer) gunned for that one and it worked out alright.”

The Great Song Writing Controversy Revisited

This is what Jake E Lee had to say in an interview on Ultimate Classic Rock on the song writing credits controversy that seemed to plague the Osbourne camp in the Eighties;

“On ‘The Ultimate Sin,’ I did get credit because I got screwed out of the first one. 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 screwed — 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 screwed again either.”

In relation to the screwed part, this is what Jake told Steven Rosen in a Guitar World interview from November 1986, when he was asked the question, how much input did you have on “Bark At The Moon”;

“Most of the music was mine. “Rock N’ Roll Rebel”, “Bark At The Moon”, “Now You See It, (Now You Don’t)”, “Waiting For Darkness” and “Slow Down” were mine.”

Ron Nevison

This is what Jake E Lee had to say about working with Ron Nevison in a Guitar World interview from November 1986;

“….he was hard to work with. He doesn’t have a very open mind; he hears things his way and he thinks that’s the way it should be done. And I heard things my way and I think that’s the way it should be done. And there wasn’t a whole lot of compromise. It was mostly who felt the strongest about something and argued the longest won out.”
“I didn’t go into the studio with the attitude of, “Oh boy, I get to play today, let’s see what I can put down!” I went in there thinking, “Oh sh*t, what are we going to argue about today?”

In an interview on the Crappy Indie Music Blog, Ron Nevison answered in the following manner, when he was asked about his thoughts on Jake’s comments;

“(laughs) Well, he would like to be his own producer. But what you don’t know is that he wanted to come in at midnight. He wanted to work midnight to 8am. There’s more than one person in a band, though. What about all the people at the front desk… and the second engineers, and maintenance people. So I said no. I’m all for working with people when they want to work, so we compromised and started at like 6 at night. I said that I can’t do it… not even speaking for the rest of the band, but if I work for you at midnight to 8am, I have to take a couple of days off to turn my life around be able to work with someone else again. But he was a strange guy. He was… no drugs; he was into Zen stuff, martial arts… I don’t know what he was into. But he was a fantastic guitar player; I never had a problem with him. If he had a problem with me he never told me. Doesn’t surprise me.”

The Jake E Lee Origin Story Revisited

Doing time with Ratt and then Rough Cutt he was contacted to audition for Ozzy’s band. This is how Jake E Lee summed it up in the November 86, Guitar World interview;

“I went down there anyway and I think there was a list of 25 guitar players and we all spent 15 minutes in the studio, each doing whatever we wanted to do. We had our pictures taken and they were given to Ozzy and he picked three of us: George (Lynch-Dokken) was one of them and he was flown to England and given first crack at it. And there was me and Mitch Perry left in L.A. Ozzy came down and we auditioned at S.I.R. and I got it. And I was 45 minutes late! The guy who found the guitar players (Dana Strum) said that Ozzy almost walked out the door; he said, “”f**k it, if this guy doesn’t care enough to show up on time and he’s going to be this kind of problem, forget it. I don’t care how good he is.” But the guy kept him there.”

The Phil Soussan Origin Story

Phil got his first big break playing with Simon Kirke’s Wildlife project that was signed to Led Zeppelin’s boutique record label. Record Label politics and members moving on more or less put an end to this project; however “Shot In The Dark” was born during this process. YouTube has a demo version up and various forums put up arguments for Steve Overland to be given a song writing credit.

In a 2006 interview with the dmme.net website, this is what Soussan had to say about working with Simon Kirke;

“Simon was great to play with. He really educated me in the style of “back-beat” playing. Knowing how to place your bass notes just behind the beats separates “feel” players from the masses and I credit Simon for that. Sure we felt as though we were going to be part of the big time but it was not meant to be. After the politics between our label, Swan Song and Atlantic, caused the fall apart of our deal, Simon left and we continued for a while. I suggested that we take our brand of American AOR rock to the USA and try to finance our own visit and tour, but the rest of the band disagreed. We eventually split up and went our separate ways.”

After Wildlife, Soussan began working with Jimmy Page. This is how Soussan explained this part of his career in an interview with Noisecreep;

“From the get go, and from when Jimmy started playing again after his long hiatus (following the sad passing of John Bonham, RIP), the plan was always to start playing and to put a band together that would feature Paul Rodgers as the singer. We formed a band that we initially called The McGregors around Jimmy, Chris Slade and myself. When Chris went out to tour with David Gilmour we brought in Rat Scabies to fill in. Jimmy loved Rat’s playing; he said that if Bonham had been a punk he would have sounded like Rat! Eventually we began to refer to the band as “The Firm.”

“Eventually I got asked to audition for Ozzy and when I was offered the gig I had the dilemma of if whether I wanted to stay with Jimmy or go out with Ozzy. I discussed with Jimmy and he told me that they were still not going out for another year and I decided to go with Ozzy. Jimmy had started to use Tony Franklin on bass and we parted as great friends. In a way I had mixed emotions as I was so fond of Jimmy, but we still speak and it is always great to see him.”

Where Are They Now? Bassist Phil Soussan of Ozzy Osbourne, Billy Idol, Beggars & Thieves – http://noisecreep.com/phil-soussan/

RON NEVISON, PART 1 – http://crappyindiemusic.blogspot.com.au/2010/02/jess-interviews-ron-nevison-part-1.html?m=1

Interview with PHIL SOUSSAN – http://dmme.net/interviews/soussan1.html

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