Category Archives: My Stories

Music, My Stories, Unsung Heroes

While The Music Has Achieved Worldwide Acclaim (the people behind the scenes have not)

I went to “The Powerhouse Museum” in Sydney today with the family. It was the “Game Masters” exhibition that sealed the deal. Video games are one of those peculiar cultural items where the games are well-known, however the actual designers are only known to the geeks.

This is what the “Game Masters” exhibition is trying to highlight; the key designers who have had a large influence on video games and video game culture.

I loved the exhibition (my only gripe is that you are not allowed to take photos inside the exhibition as I wanted to snapshot my boys playing Outrun). The retro arcade games made me relive some of my youth. Seeing “Outrun”, “Galaga”, “Space Invaders”, “Pac-Man”, “Donkey Kong” and “Elevator Action” in all of their glory, ready to be played, reminded me of visiting the local bowling alley with a pocket full of change.

Even my kids enjoyed themselves. This is when game play was simple. Insert a coin, move the joystick and press the only button you have to kill the baddies. How simple. I remember a comment from the Steve Jobs bio, that his motto about Apple products had to have the same ease of use as a Star Trek game that Steve Jobs played as a kid. The instructions where, insert coin and kill Klingons.

As the exhibition states, “While the games have achieved worldwide acclaim, their makers have yet to become household names.”

Does anyone know the names of Tomohiro Nishikado (“Space Invaders”) or Toru Iwatani (“Pac-Man”) or Yu Suzuki (“Outrun”)? I didn’t, however I knew the games. I spoke about the games to my kids.

And it got me thinking about some names behind some of the great music that I love.

Tom Werman is one person that comes to mind immediately. Regardless of the different versions of history out there from some of the artists that he worked with, one thing is clear; Tom Werman was a pop producer who got selected by the A&R people of the labels as the man to get hard rock acts on the radio.

This is what Werman had to say about it;

In those days, AM radio sold records and FM didn’t. FM played only album tracks, and AM played only singles. So I made singles with bands who were only being played on FM radio. This is why Doug Morris called me when he was the president of Atlantic Records and said I was the only producer he knew who could make a hit with Twisted Sister, who up to that point was a little known band in America. So I made sure there were two singles on the record, and they sold several million albums as a result. Same with Ted Nugent. Same with Cheap Trick. Same with Molly Hatchet. Same with Mötley Crüe. Same with Poison.

The first album I came across with a Tom Werman production was Motley Crue’s “Shout At The Devil”. Werman said that it was a hard record to make because Nikki Sixx had broken his shoulder when he drove his car off the road and that in turn affected his bass playing. However he credits Tommy Lee as the second-greatest drummer he’s ever worked with and Mick Mars as a guitarist who doesn’t get the recognition he should. History has shown that this album was a career defining album for the Crue in the same way that Master Of Puppets was a career defining album for Metallica. What a coincedence that both bands would go on to make their biggest albums with Bob Rock producing.

The second album I came across was Twisted Sister’s “Stay Hungry” album. Tom Werman said that Dee Snider was a solid writer and that his songs were almost like nursery rhymes as Dee wanted everybody to understand his melodies. And didn’t we enjoy them, sending the band to the top.

The third album was Dokken’s “Tooth N Nail” and then it was a torrent.

Motley Crue’s “Theatre of Pain” and “Girls, Girls, Girls” followed. Krokus “Change of Address”, Poison “Open Up And Say Ahhh”, Kix “Blow My Fuse”, Junkyard’s self titled album, LA Guns “Cocked and Loaded”, Love/Hate “Black Out In The Red Room”, Stryper “Against The Law” and Babylon A.D. “Nothing Sacred” and Steelheart’s “Tangled In Reins”.

Michael Wagener is another that comes to mind. He was a producer, an engineer and a mixer.

He produced’s Dokken’s “Breaking The Chains” and then mixed the follow up “Tooth N Nail”, the same album that Tom Werman produced. He was on deck again to produce and mix “Under Lock and Key”. He then produced and mixed Stryper’s “Soldiers Under Command” and was on deck to also mix Poison’s “Look What The Cat Dragged In”. He then mixed Metallica’s “Master of Puppets.”

Other production credits include Alice Cooper’s “Constrictor” and “Raise Your Fist N Yell”. White Lion’s “Pride” and “Big Game”. Skid Rows self titled debut and “Slave To The Grind”. Bonfire’s “Point Blank” and “Fireworks” albums. Extreme’s “Pornograffiti”. Ozzy Osbourne’s “Ozzmosis” and Warrant’s “Dog Eat Dog” followed.

He mixed WASP’s “Inside The Electric Circus”, Warlock’s “True As Steel”, Megadeth “So Far, So Good, So What”, Motley Crue’s “Decade of Decadence” and Ozzy Osbourne “No More Tears”.

What about Randy Staub? He engineered “Dr Feelgood” from Motley Crue, the black album from Metallica, “Keep The Faith” from Bon Jovi, Motley Crue’s self titled album, “Subhuman Race” from Skid Row, “Load” and “Reload” from Metallica, “Satellite” from POD and many others like Five Finger Death Punch’s “War Is The Answer.”

Mike Fraser is another whose name is in the majority of albums that I like as mixer. The two John Sykes/Blue Murder albums, “Blue Murder” and “Nothin But Trouble”. Most of AC/DC’s stuff, especially all of the remixes for digital transfer, Metallica, The Cult and many more.

Looking at the above list, I guarantee that you have at least 80% of the albums that the names mentioned have worked on in your collection. Of course there was Max Norman, Roy Thomas Baker, Jack Douglas, Bruce Fairbairn, Bob Rock, Duane Baron/John Purdell, Dave Prater and many more that shaped the albums that we have come to known to love. The music has achieved worldwide acclaim, the bands and the song writers have achieved worldwide acclaim however a lot of the people behind the scenes that captured the sounds, mixed them, edited them, spoke out about arrangements and so forth, have not.

What they have done is work on a consistent basis? That is what artists need to do today. Release on a consistent basis. It’s back to the single format. The great song.

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

Chaos + Disruption = The Music Business

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are the benefits of going independent?

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

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

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

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

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

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

2019 Crystal ball predictions;

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

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

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

TesseracT – will become the next Pink Floyd.

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

Avenged Sevenfold – will become the new Metallica.

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

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

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

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

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

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

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

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

Lets see how it pans out.

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

Copyright Inc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which side are you on?

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

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

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

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

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

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