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

Four For Friday

I’ve written posts about songs which sound similar to songs which came before, with the lens solely focused on hard rock and heavy metal.

Like.

One Riff To Rule Them All

The Kashmir Effect

The Kashmir Effect 2

The While My Guitar Sleeps Effect

Sanitarium Debate

Just to name a few.

And I’ve always thought that Led Zeppelin and Black Sabbath shared a connection musically but I’ve never verbalized it or wrote about it.

The viewpoint came from a 1995 documentary called “History Of Rock and Roll”, which has Ozzy recalling how “Led Zeppelin I” had a huge impact on him and his bandmates.

Let’s see what kind of impact.

DAZED AND CONFUSED (1969) vs PARANOID (1970)

The authorship of “Dazed and Confused” is heavily disputed and there are various pages out there specifying who wrote what and when.

But, for the sake of this post I will focus on the Led Zeppelin version.

There is a section in “Dazed and Confused” at the 5.02 mark that sounds very similar to the Intro in “Paranoid”.

COMMUNICATION BREAKDOWN (1969) vs PARANOID (1970)

Then the verse riff in “Paranoid” has a running E pedal point played over an E5 power chord for two bars, then a D5 power chord for the third bar and the fourth bar ends with three chords G, D and E at the end.

“Communication Breakdown” has a running E pedal point playing for one bar with three chords of D to A to D played in the second bar.

The similarities here are evident. In the way the three chords are played at the end of each bar and the running E note.

It’s basically musicians influencing each other.

But if the entities who hold the Copyrights to Marvin Gaye’s music had a hold of these rights, then there would be litigation everywhere.

HEARTBREAKER (1969) vs THE WIZARD (1970) and IRON MAN (1970)

These ones are a bit different sonically but they all have a common element, which is the Minor to Major transition.

For example, if it was in the key of E minor, it would be an Em to G transition. If the key was in A minor, it would be Am to C transition.

It’s a common element and a building block for creating but I’m sure if the rights of these songs landed with the heirs of Marvin Gaye there would be a lawsuit.

Bonus – SUNSHINE OF YOUR LOVE (1967) vs NIB (1970)

Check it out and let me know.

The same elements here are also heard in the song “Cocaine” which came out in 1976.

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

Four For Friday

PET SHOP BOYS vs DRAKE

The Pet Shop Boys need to relax.

The lyric in question is “the west end boys and east side girls”.

The lyrics are the main Chorus words for “West End Girls” by Pet Shop Boys and those same words are said three times in Drake’s song “All The Parties”, which is a shit song by the way.

And the words are not said with any sense of melody or to a backing track of music. They are just said. Spoken like and then auto tuned.

But “East End Girls” is at 239 million streams on Spotify so the Pet Shop Boys are very protective of their intellectual property.

COPYRIGHT TERMS

John Naughton writing for the The Guardian said the following;

…especially copyright – have been monopolised and weaponised by corporate interests and that legislators have been supine in the face of their lobbying.

Authors and inventors need protection against being ripped off.

It’s obviously important that clever people are rewarded for their creativity and the patent system does that quite well.

But if a patent only lasts for 20 years, why on earth should copyright last for life plus 70 years for a novel?

Yes why should it.

When the songs from the 60s were recorded, the Copyright terms for the songs was 28 years with the chance to renew for another 28 years. A total of 56 years.

And yet those songs got retroactively locked up for a long time by a 1978 Amendment to the Copyright Act by Disney which changed the terms to “life of the creator plus 70 years”.

This would mean that Disney’s “Mickey Mouse” created in 1928 and based on the laws of the time, should have been out of Copyright by 1984 however it would be locked up until 2003.

But in the late 90s and with the 2003 date looming, another Disney amendment was made that extended this law for Corporate works to 95 years. So the Mickey Mouse work from 1928 would finally be out of Copyright in 2023.

And 10 months in, Disney hasn’t suffered the financial losses they said they would if they lost the rights to Mickey Mouse.

SITE BLOCKING

In Australia, the Labels and the Movie/TV networks can go to the Federal Court with a list of sites they want blocked and the Federal Court will just approve the lists and the ISPs will then need to block their users from accessing these sites

The Federal Court is meant to review the lists (which they don’t) before rubber stamping the lists (which they immediately do). Because hey, these entities are the good guys, trying to protect Australians from pirates. And the ISPs need to do their bit to protect the business models of the labels and studios.

WHAT I’M CRANKING RIGHT NOW

Savior from Rise Against.

I became a fan because of the Guitar Hero game this song featured on many years ago.

And at 618 million streams it’s definitely making money for whoever holds the rights to it.

Four For Friday

When I started these weekly posts it was a means to keep me blogging during a hectic schedule.

And there was no definitive structure as to what I would cover. But I can see that Cooyright issues keep appearing.

And here is another week devoted to that beautiful term. Copyright. Which was designed to give the creator a limited monopoly on their works so they could create more works.

LETS GET IT OVER WITH

Ed Sheeran can’t get a break. Last week, the case against him from the daughter of Ed Townsend was dropped.

But this week, an organization called “Structured Asset Sales”, (SAS) have started their own litigation.

They control a different one-third stake in Townsend’s copyrights. They “own” the basic notation (musical score) filed at the Copyrights Office decades ago.

When the original case was happening, (SAS) was also a part of it, seeking a “monopoly over a basic musical building block.”

Their case was also thrown out.

But they are appealing their part. Because hey, they created nothing and believe they should be paid for creating nothing. And they want a monopoly on a feel and style.

A big reason why Copyright had expiry terms initially was to stop all this crap. Politicians had a foresight back in the early 1900s to see this coming.

And that changed in the 60s when the labels and book publishers started to amass intellectual property and then started to lobby politicians to change laws and bring in new laws to give these corporations a monopoly on the works.

It’s funny now, how the labels are also getting sued from the very laws they sponsored to benefit them.

124 WEEKS

In April 2021, UFC fighter Jake Paul knocked out Ben Askren in less than two minutes.

Soon after, the popular H3 Podcast on YouTube commented on the fight and showed a clip of the fight.

Event promotor Triller wasn’t happy and issued a copyright infringement lawsuit demanding $50 million in damages.

H3 opted for a fair use defense.

The case is now in its 124th week.

The clip of the fight was 119 seconds long.

Who are the real winners here?

URUGUAY

The Uruguayan Government has a bill in motion which would allow artists to go direct to internet platforms like Spotify and social media sites like Facebook for compensation.

Spotify would still need to pay the existing licensing agreements and if this bill goes ahead could be forced to pay again to the artists direct.

I’m all for artists getting paid but the problem lays with the entities who hold the rights to the songs. They get the majority of the streaming pool and they don’t distribute it back to the artists.

This is a perfect example.

Spotify still needs to honor the licensing agreements with the labels and publishers so these organizations will receive their cut.

And if they are aware of the artist going direct, I am sure that some creative accounting will take place to hold back any payments to the artists.

Anyway. Spotify isn’t happy with the bill and unless it’s changed they will pull out of Uruguay.

As a byproduct, the local music industry which has been growing 20% from streaming revenue will have this source of income come to zero.

ALBERT NAMATJIRA

Albert Namatjira died in 1959. He was an Aboriginal artist, painting the Australian landscapes in watercolors.

The copyright in his art is due to expire in 2029, 70 years after his death.

This means the works will be part of the public domain and anyone can use them in their works moving forward.

But lawyers for the family are arguing that Copyright should last in perpetuity. Forever. Never expire.

And they are pissed.

The issue here is that the family were getting royalties for his art up until 1983. At that point in time, the government trust that administered the rights sold them to a private organization and the royalties ceased.

It took the family 34 years to get the rights back in 2017, with the proviso they need to relinquish them again in 2029.

Furthermore in the last 5 years, Namatjira’s art has exploded in popularity and has become a valuable intellectual property.

But Copyright was never meant to be a reversionary pension fund.

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

Tony Martin – Sweet Elyse

“Sweet Elyse” was released on the solo album, “Back Where I Belong” in 1992 on Polydor. Tony Martin decided to do a solo album when his Black Sabbath project was doing its “Dehumanizer/Dio” project.

Production was done by Nick Tauber, who is best know for his work with Thin Lizzy and Marillion.

The album is not on Spotify, which irks me. But YouTube has a lot of uploads from fans, who call Tony Martin the best Sabbath vocalist ever.

And “Back Where I Belong” is not available anywhere to buy these days, unless someone’s selling a second hand copy.

The reason why it’s not available are varied. When Martin rejoined Black Sabbath, Polydor deleted the album from their catalogue and took it off the shelves.

And somehow his manager at the time owns the entire rights to this album, which gets me thinking “how the hell did the manager pull that off” and “how is Copyright protecting the artist at this moment to give the artist an incentive to create”.

But I have seen interviews and posts where Martin mentions how he wants this album re-released and the label Battlegod Productions, which is the label for his solo album “Thorns”, is in negotiations for it.

The track burns from the start and it reminds me of songs like “Highway Star”, “Burn” and “Speed King” from Deep Purple.

And I like the familiarity.

The session line up for the song is also impressive.

Nigel Glockler from Saxon pounds those drums and Neil Murray from Whitesnake is the master of the groove.

Tony Martin also shows off his guitar prowess as he, Paul Wright and Carlo Fragnito play the rhythm guitars with Richard Cottle on the keys.

There are also demos floating around the internet of this album which has Tony Martin playing all the guitars.

For the solo, Adrian Dawson brings out his Blackmore influences. And it’s excellent.

Crank it.

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

Four For Friday

Ahh copyright. It’s the gift that keeps on giving. Well it does really. It gives the writer an incentive to create for their whole life plus 90 years after death. Don’t know how it’s even possible after death, but hey, who am I to judge the intellectuals who wrote and debated this change.

It also gives rise to lawsuits and perpetual payments to corporations for valuable copyrights. It’s also a form of censorship and anti-innovation (remember Napster).

THINKING OUT LOUD

Thank god this silliness has been put to rest.

Remember when Ed Townsend’s estate wanted Ed Sheeran to pay them millions for writing a song with a similar feel to Marvin Gaye’s “Let’s Get It On”. The trial went to jury and they lost. They appealed and then they withdrew their appeal.

This is what happens when people who create nothing of culture believe they are entitled to that culture.

And for the record, “Let’s Get It On” is not so original itself. It’s also influenced by what came before it. Cause that’s how creativity works.

CAN YOU COPYRIGHT A BEAT?

But the madness continues.

Reggaeton is a style of popular and electronic music that originated in Panama during the late 1980s and it was later popularized in Puerto Rico. It’s basically massive in Latin America and from the 2010’s it’s creeped into the mainstream of English speaking countries.

In 1990, a song came out called “Fish Market” from producers Steely & Clevie. In that song there was a drum rhythm.

The lawsuit claims at least 80% of the genres songs have used that drum beat.

Sort of like the 4/4 drum beat and it’s variations.

They are common elements and building blocks to creating. The fact that 80% of the Reggaeton industry use this beat shows how common it is.

What’s people’s view on AI?

We’ve had AI in our lives for a long time, yet many have failed to recognize it. At a basic level which everyone would recognize, remember “Spell Check” in Word docs or Google Search.

For the recent waves of AI to work, they need training. And this training involves material which is under copyright.

So.

If I develop an AI tool and train it with the music and books and movies I’ve purchased, am I breaching Copyright?

If I then release the AI tool for others to be allowed to create, is the tool breaching Copyright?

All the AI knows is how to write and review based on inputs.

Basically it’s a tool, that people can use however they want. It’s innovative at the moment. And the copyright industry doesn’t like innovation if it’s not paying them. So it tries to censor or kill the innovation.

Until the come to an agreement and they accept it.

REVENUES

$8.4 billion in six months was brought into the labels accounts with streaming payments making up 84 percent of that pie.

So if you are an artist or songwriter and you’re not getting a cut, your deal is super shitty. Change it.

Because if there was no value in streaming, all of the Investment House and Hedge Funds wouldn’t be buying up the rights to valuable catalogs.

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

Four For Friday

SHARE PRICE

It’s cool how copyright makes money for valuable Intellectual Property. And you can’t get a bigger and more valuable IP than “The Beatles”.

The thing is, not one of the members from The Beatles held or even hold their rights. At one stage, Michael Jackson was the sole holder of the rights.

And with all the transfers and sell offs, The Beatles catalog settled at Round Hill Music Royalty Fund. But like all companies on the stock exchange, the share price just didn’t reflect the true value of the Company.

In this case, shares in the company were trading around $0.70. And share prices this low don’t make share holders and board members happy.

So in comes Alchemy Copyrights with a $496 million buyout offer which means shareholders in Round Hill Music will get $1.15 in cash per share. Suddenly, you have happy shareholders and board members, who get a nice payday for holding shares in culture.

They created nothing culturally and yet still benefit. But I keep hearing how stronger copyright is needed to protect the creators.

Mmmm.

SHARE PRICE 2

Hipgnosis Songs Fund is also selling some of its catalogues for $465 million. This is to pay down debt and increase its share price

And as expected, the share price increased,

Again, you have an organization that created nothing culturally and yet it still benefits. And I keep hearing how stronger copyright is needed to protect the creators.

COPYRIGHT FAMILY DISPUTE

Motown songwriter and producer Ron Miller died in 2007. If Copyright expired on the death of the creator like it once did, then this would be a non issue.

But, Copyright doesn’t expire at this point. It’s still valid for another 70 to 90 years, depending on the country.

Fast forward to 2022, Sony Music Publishing signs a deal with Lisa Miller, for rights to 130 of her fathers songs.

But Ron’s other children Julie Moss and Mark Miller from Ron’s first wife didn’t like this and are now going to court.

They allege that Lisa Miller tricked her mother, Aurora Miller (Ron’s second wife) to sign away her claim to the songs.

The claim further states;

“As Aurora’s health continued to decline, Lisa began forging Aurora’s signature on notices of copyright termination.”

And I keep hearing how stronger copyright is needed to protect the creators. In this case a dead creator.

SHOWCASE

Spotify’s new marketing tool.

Artists can buy dedicated space on listeners home pages to promote new releases, deep cuts, etc.

Each click from a fan on the showcase button will cost the artist 40 cents per click until their campaign budget is maxed.

Spotify believes that people who see these ads are six times more likely to stream the release.

It shits me how artists always have to cough up cash.

Back in the label days, if the label marketed you, they billed you to recoup their costs.

If an independent act marketed themselves, they paid for a marketing campaign themselves.

Four For Friday

It’s all about Spotify today.

MONEY LAUNDERING

This time around Swedish criminal gangs are using Spotify launder money.

The scheme is interesting.

The drug money they have is converted to bitcoin.

Bitcoin is then used to pay “fake stream” entities to do exactly that, create fake streams on Spotify for an artist.

The artist in question is linked or involved with the gang.

By creating the fake streams, the artists would end up on top of the charts and as a byproduct, those fake streams would lead to real streams.

As the Guardian article explains:

Higher streams lead to higher payouts from Spotify. The newspaper said that in Sweden, amassing a million streams pays about 40,000 to 60,000 kronor (£2,800 to £4,300).

WHITE NOISE

Have you ever come across a Podcast that’s just white noise.

It’s definitely annoying and I don’t care what people say about it, it’s basically streaming spam.

The rule was if the podcast got over a 100 listens (it can be from the same user) they would qualify for ad supported payments.

Well now it’s 1000 unique listeners before they qualify. Hopefully they just filter out.

SONGS AND SPAM

In 2018, 20,000 songs would get uploaded to Spotify. In 2023, it’s at 120,000. A large majority of those uploads are via bots and they are basically the same as email spam

AI COVERS

AI-generated “covers” of popular songs using artists’ voices are still being released on Spotify.

Universal’s trying to partner with Google on a tool that lets fans create these songs without infringing copyright.

Universal has also partnered with Deezer to ensure that music created by breathing people gets a higher preference on the service than AI created music.

It’s a start, however AI is really making streaming economics even trickier.

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

Vandenberg – Sin

Adrian Vandenberg has come full circle.

When John Kalodner met with him in 1987, Kalodner had two propositions; one was to replace all the Dutch members of the Vandenberg band with American musicians and the other was for Vandenberg to join Whitesnake.

Morally Adrian Vandenberg couldn’t do that to his Vandenberg members and he also couldn’t pass up on a position to work with a vocalist like David Coverdale.

So he chose Whitesnake.

But when he tried to resurrect Vandenberg circa 2014/15, those Dutch 80s members didn’t have the same moral conviction as Adrian did and they took him to court so he couldn’t use his own surname anymore.

Six lawsuits later and a lot of money spent, Vandenberg was allowed to use his surname again.

But while all of the lawsuits were happening, Vandenberg’s Moonkings was created and they released three albums.

Then Vandenberg returned, dropping the excellent 2020 album with former Rainbow vocalist Ronnie Romero on vocals, Rudy Sarzo on bass, and Brian Tichy on drums.

And here we are in 2023, with another excellent album called “Sin”. This time around Adrian is joined by vocalist Mats Levén, drummer Koen Herfst and bassist Randy Van Der Elsen and the album is produced by Bob Marlette.

How cool is the cover art?

Once again, created by Adrian, he wanted to show an actual destination for the flying sharks who made their appearance on the “Heading For A Storm” album.

Instead of flying over a road in the desert, they are now flying into New York, the city of sin.

Thunder And Lightning

This is a person writing songs for the love of it. No pressure to write hits and no pressure to conform.

For those who grew up in an era of driving with the window down and cranking the music from the stereo, well this song is perfect for it.

Vocally, Mats Leven is channeling David Coverdale. Musically the song channels the spirit of Eddie Van Halen and the Euro blues rock of Michael and Rudolf Schenker.

Stick around for the guitar solo.

House On Fire

Heavy palm muted arpeggios start it all off with Leven singing in a low bass/baritone. Then it goes into a sleaze like riff.

This is a straight ahead rock and no one is doing it better in 2023 than Adrian Vandenberg.

Sin

This sounds so good. Vandenberg rewrote “Judgement Day” and I like it?

Then again “Judgement Day” is heavily based on “Kashmir”. And I still like it.

Alot of legacy artists keep saying “what is the point in writing new music as no one cares about it”. Tell that to Vandenberg.

Light It Up

Love the swagger on this.

Walking On Water

Ooh, that guitar intro and the vocal. Very 70s Free like.

And stick around for another masterful guitar solo.

Burning Skies

The album keeps going, sounding different from cut to cut. Like “Back In Black”. This one feels like a classic Scorpions cut.

Hit The Ground Running

It’s all about the vocal.

This one has Leven channeling Coverdale and the groove sits nicely on your lap.

Baby You’ve Changed

It’s intimate.

A ballad that rolls along like “Is This Love” and “The Deeper The Love”. But it’s not a copycat.

Out Of The Shadows

The arpeggio riff in the Intro reminds me of Coverdale/Page and their song, “Whisper A Prayer For The Dying” but the song is nothing like that.

It’s got this classic 70s Rainbow Dio era vibe and I like it.

It’s just 9 songs clocking in at 41 minutes. Like old school albums, pre CD.

Mats Leven is one hell of a vocalist. A journeyman like so many other vocalists from the late eighties and early nineties.

He came to my attention with the band Swedish Erotica in 1989.

He has then performed (just to name a few) with Treat, Yngwie Malmsteen, Candlemass, At Vance, Firewind, Trans Siberian Orchestra and Therion.

By doing so and picking up whatever work he could get, he found a way to survive the wastelands of the 90s and early 2000’s which were not very kind to hard rock vocalists. Jeff Scott Soto and Johnny Gioeli are two others that come to mind.

Finally, Adrian Vandenberg is 69. He still rocks as hard as he did when he was 29. He hasn’t mellowed out at all. He’s actually gotten heavier and he is free to write the music that he wants to write.

If you want to read my review of Vandenberg’s recorded output up to a certain point in time (it was up to 2014 and the first Vandenberg Moonkings album), you can read it here.

Four For Friday

A bit about this and a bit about that.

MOVIES/TV SHOWS

I watched “Oppenheimer”. I don’t recommend it.

Which is tough to say as I’m a fan of Christopher Nolan.

I’m surprised that Nolan thought it should be made into a movie, then again, creative people are inspired by things that others don’t see as inspiring. In this case it was a the 2005 biography “American Prometheus” by Kai Bird and Martin J. Sherwinx

The story focuses on Oppenheimer’s studies, his direction of the Manhattan Project during World War II, and his eventual fall from grace due to his 1954 security hearing.

Since the last hour was like a “Law and Order” episode, maybe a limited TV series would have been better. But a TV series doesn’t have the gross takings that a cinematic release has.

It’s approaching the $800 million mark from a $100 million budget. It will be seen as a success, but its not re-watchable.

I also finally got around to watching “Avatar: The Way Of Water” on Disney+.

I didn’t think a sequel was necessary however James Cameron has a habit of surprising people and he sure did it with this movie. It’s long run time didn’t feel that long and the story flowed.

By the end of it, I made a commitment to watch the third one in the Cinemas. And it hooked my kids as well.

“Painkiller” on Netflix is a must watch. OxyContin destroyed many families and the series does a good job of telling the story.

SHOWS MADE AND THEN CANCELLED OR REMOVED TO SAVE ON TAX

In May, Disney+ said it would cut US$1.5bn of content from its streaming platform, so the company’s value is reduced which means they pay a lot less tax.

This involves axing current programs which are or were popular like “Willow” and not releasing other big budget series’s like “Nautilus”.

Paramount+ also did the same removing “The Pink Ladies” and Jordan Peele’s “Twilight Zone”. Warner Bros also removed “Westworld” along with others.

Time will tell how subscribers will respond to the streamers removing shows when they need to save a bit of cash.

CEASE AND DESIST

There is a high chance that a fan of the artist will have a different political view to that of the artist.

And the artists are okay with this when they are taking the money from these fans because at that point in time they don’t know the political view of the fan.

Suddenly, a politician plays the music of an artist at a rally, there are fans of the artist in that rally and the artist then sends a cease and desist letter to the politician to stop.

How much say or veto rights can an artist really have in how their music is used?

NOTHING ELSE MATTERS

James Hetfield wasn’t sure he wanted to go there and explore themes of vulnerability. Bob Rock insisted that he explore this path of being vulnerable and urged Hetfield to take vocal lessons.

Well that song just surpassed a billion streams on Spotify.

A to Z of Making It, Classic Songs to Be Discovered, Derivative Works, Influenced, Music, Unsung Heroes

Tony Martin – It Ain’t Worth Fighting For

Tony Martin never wanted to be a singer.

When he went to an audition with a band called “Legend”, he took his guitar.

But they said to him that they need a singer and wouldn’t let him play.

And then he gets the vocalist gig for Black Sabbath, who were going through an identity crisis between 1984 and 1987.

And as soon as he righted the Sabbath ship, he was out and Dio was back in for the “Dehumanizer” album.

And while that was happening on the Sabbath front, Tony Martin kept writing until he had enough material for a solo album.

“Back Where I Belong” was released in 1992 on Polydor.

“It Ain’t Worth Fighting For” is the opening track from the album.

The musicians are seasoned professionals.

Nigel Glockler from Saxon is on drums. Neil Murray from Whitesnake is on bass. Richard Cottle is a session pro, and he plays the keys and also performs the saxophone solo. Carlo Fragnito is on guitars.

A bit if trivia, Fragnito and his brother Anthony formed a band called Blacklace, with vocalist Maryann Scandiffio.

Hailing from Canada, their music is best described as NWOBHM. They released “Unlaced” in 1984 and “Get It While It’s Hot” in 1985. Like a lot of bands who didn’t see success right away, they struggled and eventually broke up.

Carlo then became a session pro.

As soon as you press play, the riff that smacks you in the face is reminiscent to “Headless Cross”.

But the track feels like a heavy blues rock track instead of a metal track.

If it ain’t worth fightin’ for
It ain’t worth having
And I just gotta have your love

The Chorus is Arena Rock. Make sure you pay attention to the melodic guitars underneath the vocal melody.

Bad Company comes to mind here and the feel from “Rock ‘N’ Roll Fantasy.”

Vocally, Martin comes across as a combination of Lou Gramm and Paul Rodgers.

And that Sax solo works perfectly. It outlines the Chorus vocal melody with some improv.

Press play.

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