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

Streaming Continued

I posted a few days ago about Streaming and some comments from Daniel Ek about what artists should be doing based on the data provided to him.

For example, releasing an album every 2 to 4 years is not a viable solution these days based on the data, and the data tells Spotify that a continuous engagement with fans with frequent releases is more viable.

Spotify thrives if content is delivered, so you need understand that Ek is also playing the role of a sales person in his quarter earnings speech.

And I’ve been following the reactions of artists on Twitter since Spotify quarter results, just to see what their view is, because the reason why we have Spotify accounts is that we like music and we want to listen to music.

Spotify grants access to music, along with the other streaming providers.

Dee Snider as usual is at his best.

Before streaming providers, consumers had, iTunes, pirate sites, cyber lockers and physical purchases. Artists got paid on a transaction once the label recouped.

But does that one sale equal a true fan.

Most of my record collection is from second hand record shops and market fairs of used records. So the person who purchased the record from a shop is listed as a fan via Soundscan metrics, but in reality, they are not a fan as they sold their record to a second hand shop who then resold it to me. And this sale is not captured as a Soundscan metric. So artists didn’t have any idea who their fans were.

Then came YouTube.

An uproar started there, when music became available on the service. YouTube got traction and to this day it is still the number 1 streaming service. The labels eventually negotiated a license deal and artists got rorted again. And pirate sites never went away.

Then came Spotify. The labels took ages to license the service as they wanted a stake in the company and a profit share arrangement with the service and so many other wonderful ways for the label to make money from the service.

First the labels and the publishing houses get a fee for allowing the service to license the music they hold the copyrights for. And this fee goes straight to the labels/publishers without any distribution to the artists.

And everyone is trying to do the math of how much does an artist get paid per stream?

But it’s the wrong train of thought to have.

Whoever holds the rights, the monies are getting sent there. But, the labels and publishing companies also have a profit share arrangement with the streaming service (and it’s not just Spotify, all streaming services have this arrangement, especially Tidal who have a lot of artists involved with it as investors) where they split the monies between each other.

And are the people at Tidal complaining?

Eventually the streaming market will fragment like the movie and TV streaming market and the streaming companies will start to make their own content and will become labels themselves.

Then we’ll have a different conversation.

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Copyright, Music, My Stories, Piracy, Stupidity

Silliness

I pay for Prime Video, but I had to download Bosch S6 from other sources to watch it, as it’s not available in Australia at the moment, even though it was released in the U.S on April 17, 2020.

What the.

I paid for a PS4 game disc (the NBA one) and then the kids had to spend three hours downloading something from the PS4 web store before they could even play it. It sure takes the joy out of it. There is no way that you can just buy a game and play it straight away.

The game makers are using a legally purchased disc as a piracy protection measure. No wonder people download games illegally on jailbroken consoles as well. Look at the work they do to get around these measures.

Remember DRM (Digital Rights Management) platform Denuvo. They got a lot of game makers to sign on and pay huge amounts for its unbreakable anti-piracy software.

The game makers put this DRM on their games and then they released the games. The unbreakable DRM was cracked on the day the games were released. But some game makers got even more creative by putting on another layer of DRM to some of their games, which basically made the legally purchased game unplayable for the consumer.

What a great way to treat a law abiding customer?

But piracy is still an issue.

Yeah right. More like dumb organisations are an issue.

The major labels tried this exercise back in 2003 to 2005. They even went further. Those legally purchased discs had malware on them and if you put the disc into your computer it would install malware on your hard drive, which led to a class action lawsuit against Sony and the other labels.

I was catching up on some movies I purchased a while back. So I put on a legally purchased DVD or Blu-ray (in this case it was the movie “Children Of Men”) and I am confronted by those stealing movie ads. Remember those.

They would say, you wouldn’t steal a car so don’t steal movies because piracy is a crime. So the movie studios are creatively trying to link the downloading of copies to actually stealing a physical product.

And I can’t skip it. I need to watch it.

So this is the punishment that people get for doing the right thing?

No wonder people go and download illegally as the ads are removed and as soon as you press play, you get to watch. No advertisements and no copyright rules on a black screen.

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

Streaming in COVID-19

It’s strange how things work out.

In reality, most artists and the labels wanted a return to the old sales model for recorded music.

This meant that the labels acted as gatekeepers and they decided who got a chance to come into the walled gardens of a record deal.

As we know, then came Napster and everything changed. iTunes, torrents, YouTube, Pandora, Spotify and other streaming services all came.

The recording labels hated digital services, in the same way the book business and the movie business, and they all did everything in their power to stifle or kill the digital book and streaming services.

All because it meant they had lost control.

The record labels kept arguing about rising prices on monthly steaming rates and then they kept running stories everywhere about limited edition vinyl and record stores and the tradition of seeking out a vinyl and dropping the needle.

And now, COVID-19 is everywhere and suddenly physical sales are non existent and even online orders will not be delivered.

But this is when people can listen the most or read the most. And if you are championing physical, the problem is you can’t really buy anything as all of the stores are closed.

Suddenly streaming services are a source of income. In some cases the main source of income since all postal services are prioritizing essential deliveries over non essential. Somehow physical albums don’t matter when life and death is at stake.

Is this when streaming really takes over the world?

Because if there is a winner here, it’s the record labels, as they hold the majority of the copyrights, so they will keep getting paid forever. Yeah, I still see articles from the labels RIAA about people still obtaining music illegally, but hey, those people will never pay for recorded music in the first place.

And I haven’t heard of any label executive taking a pay cut during these unprecedented times.

But I have heard of artists doing it tough. And now we are getting artists dying as well from COVID complications.

And the labels are doing nothing to help their artists or even their former artists, the ones they still hold the copyrights for.

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

How Much Should Streaming Services Pay?

A lot of people hate Corey Taylor, but I’m not one of em. I enjoy the music he creates, more with Stone Sour than Slipknot and he has a point of view, a stance, which he shares with the world.

In an interview with the Irish Times which Blabbermouth grabbed and ran with a few months ago, Taylor was asked if SLIPKNOT could live just on royalties from listens.

He said, no they couldn’t survive at the current rates but if the streaming services paid the same publishing rate as radio stations than they could.

In Australia that equates to about $6 per song (for the main cities), as regional cities have a lower fee and then there are separate fees paid for when the song is played, like prime time hours or graveyard hours. In some cases the artists pay to get themselves played and they don’t even know it as it’s charged back to them by the label via miscellaneous expenses.

Also the $6 fee is paid just to the songwriters not the recording act. Since Taylor writes his own songs, he is okay in that department as he would get the payment.

But streaming services charge us $9.99 per month to access a catalogue of music. The math doesn’t work and suddenly piracy looks more appealing of that fee goes up.

Taylor doesn’t have a problem with streaming services for what they are trying to do, but he has a problem with them, when they spend millions of dollars on buildings and then more millions on decking out those buildings for offices and then more millions on flying private and more millions on wages while the artists who bring people to their service are not experiencing the same share of those millions.

But hang on a second, the label he’s signed deals with also spend millions of dollars meant for the artists on the same thing.

Steve Miller said something similar about the recording industry and the RNR Hall Of Fame people at his RNR HoF induction, how they take so much money from the artists and they don’t compensate the artist fairly.

The problem that I have as a fan of music is this;

Artists on a label sell their masters to the record labels for a fee. They are compensated at that point in time. Some for a lot more if they are successful and others for peanuts because they didn’t know any better.

The labels are aware of this power they have and since they are offering the cash, they want a return on investment. So the label benefits in this streaming era because they hold the masters.

Get your masters back like Motley and Metallica and suddenly you will benefit as well.

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

Nothing Is Guaranteed and Nothing Is Certain

There is a post over at Seth Godin’s blog called “Borrowed Time”.

It goes like this;

All of us are on borrowed time. There are no refunds and there are no guarantees.

At some point, the only time you’ll have to worry about is the time you’ve wasted.

Life is short and a career in music is even shorter and a career at the top of the charts is even shorter than a career in music. There is no safety net and no guaranteed wage or income.

For every person who works what is known as a 9 to 5 job, they could have a job today and not tomorrow. For every person who is a casual, they could be called in to work today and not again for weeks. For every person who embarks on a trip some will return and others will not return. For every artist who writes a song, they could get paid for it or they could not.

Nothing is guaranteed. Nothing is certain.

Jon Bon Jovi was happy living a life in the 90’s from the royalties and advance payments he received from his 80’s output, along with “Keep The Faith” and “These Days”. Then Napster came and blew up the monopoly the record labels had on the distribution. Suddenly the band Bon Jovi from 2000 and onwards became a different beast, releasing music almost yearly and touring constantly.

If you are a musician, you could slog it out for years and get no commercial reward. But you would get the joy of creating and playing. These days, you could spend years building an online presence and it does not equate to dollars in the bank account when your music comes out. No one knows why, things become successful and no one knows why, things don’t become successful.

Vito Bratta was asked to write hits for the follow up to “Pride” and he didn’t know what the record label rep meant. As far as Bratta was concerned, he wrote songs and if any of them became hits, great, if they didn’t, still great.

So don’t develop a mindset which tries to create something that you think people would like. Create something that is true to you. And if the first attempt fails, try again and again.

If you look at music history, the 25 million selling “Black” album was created the same way that every other Metallica album was created up to that point, James and Lars would take all the demo ideas everyone had, go away to one of their houses and piece together the songs. The album then goes nuclear worldwide and the band is writing songs with all the members in the room and Kirk is doing rhythms on the album.

The “Load” and “Reload” albums have beautiful moments and a more swingy kind of groove based on Hetfields love of Corrosion of Conformity. Hetfield and the other guys in Metallica created albums true to themselves. And even though the band was accused of further selling out, they never catered to anyone except themselves, which is so evident on “St Anger” and then their new take on an old sound with “Death Magnetic” and “Hardwired To Self-Destruct”.

So don’t waste time thinking about what people would like and what people would expect, be productive and do what you want. Take the risks and see what happens. You might fail, you might succeed and you will learn. And remember nothing is guaranteed.

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

Under My Copyright

I haven’t done one of these Copyright posts for a while because there has been too much information going around and I couldn’t decide what to write about. Like GNR suing an hardcore fan for leaking demos of “Chinese Democracy” or Kate Perry being accused of copying an artist that no one has heard off.

But then Public Domain 2020 happened and suddenly I was interested in Copyright stories again.

So I started with something close to home.

Australia was once on the US watchlist for countries who consumed content illegally. So the US government pressured our government to get tough on illegal downloads. But everyone just kept on saying, offer enough legal alternatives at the right price and people will take it up. So is it any real surprise that Australians are now taking up these legal options.

Remember that Copyright was created for the artists to have an incentive to create more works. According to Blink-182s Tom DeLonge, this means selling your publishing rights to a corporation for a hefty fee. Of course he’s not the only one. All of our favorite and popular artists have done it. This one is strange because DeLonge even said “he now has an incentive to create more”. And I’m thinking, really.

But the best one is The Rolling Stones along with Abkco Music and Records, dropping 75 rare recordings onto YouTube, hours before they were going to enter the Public Domain in Europe. Actually it was Abkco that uploaded them to YouTube.

And just in case people tried to copy the recordings, Abkco added a dial-tone to obscure the sound and after 24 hours moved the recordings from the public site to a private, invite-only site.

Basically if Abkco didn’t release the recordings within 50 years after they were made, they would lose the copyright. The Beatles and Bob Dylan have done something similar in the past. And if a YouTube post is deemed eligible as a release then Abkco’s copyright term will last until the end of 2089. I guess Abkco has an incentive to create. There’s nothing better than a corporation have the copyrights of a song for 120 years.

And you know the saying if you have a hit expect a writ. Miley Cyrus released a song called “We Can’t Stop” and it went to Number 2 on the charts. It was kept out of number 1 by “Blurred Lines” from Robin Thicke.

Both songs got served with writs and have settled. Cyrus settled before it went to verdict and Thicke at trial with the Gaye family.

The song that was number 3 on the charts better watch out. Someone is after them.

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

Getting Paid

I’m seeing news articles that Spotify’s payment rate is declining.

But there never was a set payment rate per stream. It was always based on your streams in a pool of streams and what percentage you take in the pool of streams based on countries and the pool of money of available to be paid out and your percentage stake in those monies.

Yep it sounds simple, but it’s creative accounting at its best and the music industry is well known for it.

However there is an argument that with Spotify’s subscribers growing, the payments to artists for the same amount of streams they had in previous years is lower. A normal person would assume that a growing membership, would mean more money in the pool and that would mean a higher payment for the same amount of streams.

As much as I am a fan of Spotify and streaming services in general, all of these organizations also deal in the murky world of creative accounting like the labels.

And Spotify should be worried.

Their business model is based on licensing agreements. Like Netflix’s original business model. But Netflix started doing original content over 10 years ago. Spotify hasn’t.

Because Netflix knew that the companies they license content from, will form their own streaming service one day. In this case, Disney created Disney TV. And I reckon the labels are watching this with interest. If it works out okay for Disney TV, and the costs are low to host a steaming service, then the labels will consider their own streaming service. It’s just a matter of time.

So imagine a world with Universal deciding to do the same as Disney.

Because the labels never cared that people accessed the music of their artists illegally. They used that as part of their PR, to show that they cared about their artists and to get politicians to pass laws to protect their businesses.

What the labels really cared about was losing control of the distribution and the gatekeeper monopoly they had for so long.

So if the labels go into their own streaming offering, they will get back control of the distribution and a sort of monopoly again. And the only way for Spotify to exist if this happens, is to become a label themselves and pay people to generate content instead of paying organizations to access content.

Spotify might not pay artists what they think they should be paid but at least they are getting paid because Spotify has to pay based on the agreements they have with the labels and the legislation in place around royalty rates. If the label and the publishers keep the monies, then the artist has to negotiate a better deal when they sign up for that initial advance payment.

But once the distribution goes back under the labels control, good luck in getting paid because the labels will get all creative and will work out that the artist owes them money instead. And if the labels do work out that there are payments due to the artists, then those payments are based on the contract artists sign with the label.

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

Listening Habits

It’s a tough crazy world.

Artists spend their blood, sweat and tears into their new product and no one seems to be paying attention.

How can they, with all the music coming out.

For 2019, I listened to 5,783 different songs on Spotify. To put that number into context that is roughly 16 different songs, each day, for 365 days. In the old vinyl LP days of 8 songs each, this would be two albums every day of different artists.

Streaming allows this diverse listening experience and for the fan, this is a good thing.

It’s also a good solution compared to peer to peer downloading. But people complain about the payments they receive, however there is no denying that streaming services have put some serious money back into the recording industry.

Prior to Spotify, the recording labels got nothing. And it’s a shame that those same labels don’t funnel those monies back to their artists. Because if wasn’t for the artists, the recording labels would not be in the position of power to negotiate anything. And if it wasn’t for the artists forming connections with people, then the labels would have no business model.

If you take streaming services out of the industry, people will not start buying CD’s again en masse.

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

The Power Of The Record Labels

It’s 1992.

Hard rock bands are becoming too generic and soulless, especially the newer breed from 1989 and onwards. The fans are looking for something new, but they still have their taste buds all over the hard rock/metal distorted cream.

Meanwhile, the labels are signing Seattle bands, left, right and centre, while they start dropping hard rock bands left, right and centre. Not only could the labels make an artist famous, they could also make an artist destitute. And back then, without the money and power of the label behind an artist, an artist would go unnoticed.

The power the record labels had to kill careers or to destroy styles of music.

So the artist would sign a deal and get a small royalty payment from the label. Today the artists would still sign a deal because they see the label as their ticket to riches, but instead the artists are now complaining of the low royalty payment of streaming services, but it is still the label keeping the lion share.

In other words, you give to get.

You give your rights to the label in order to get a chance at fame and riches. And there’s no use yelling at streaming services. They are not record labels, they are technology companies, using music to influence culture and grow their brand. Once their brand is big enough, they will do away with music.

Because seriously, which company wants to pay billions in licensing and be constantly in the courts?  

HBO paid billions in licensing, until it got to a stage where it was unfeasible and they had to start creating their own content. Netflix at first had only licensed content. And like HBO they saw that it was unfeasible, so they started investing in creating their own, and slowly doing away with the licensing.

Now, more than any time in modern recording history, an artist can do it themselves. They can record cheaply, distribute and get paid. So artists should build their own leverage and then they can decide what is next.

But we have lived in a world where the labels have controlled the narrative for way too long and MTV made everyone think that if they learnt how to play an instrument they will be rich and famous. The majority still hold this view and the minority that don’t, are the ones making it.

People talk up Record Day sales like they matter, when only the label is winning, while digital distribution can offer an artist new audiences in places where brick-and-mortar stores would be impossible or unsustainable, like foreign countries or rural areas. The end result is growth across the board. Nowadays it’s about reaching as many people as possible and eventually the money will flow in if you do it right. That should have been the role of the labels but instead it’s up to the techies.

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

The More Things Stay The Same

Back in 1999, the record labels argued that they lost billions of dollars due to file sharing via Napster. They came up with this figure by saying that one file shared is the same as one lost sale. 20 years later, they are still exaggerating the same BS. And politicians get lobbied hard and suddenly there is legislation to support the record labels business models.

As internet speeds got faster, file sharing then started on movies and TV shows. Suddenly, politicians had even more money thrown at them to pass legislation from the movie studios. In democratic lands, ISP’s are forced to censor the internet, courtesy of the movie studios and music labels, which is no different to what dictatorship governments carry out on a daily basis. And when ISP’s don’t censor the internet, the movie studios and music labels take them to court for facilitating piracy. And while this is happening at the hands of the entertainment industry, the government themselves are stifling free speech by raiding the homes of reporters or by keeping eyes on the public through surveillance. ISP’s are also meant to store text messages, phone calls, web searches and tower pings on its customers.

So much for trusting the good guys.

Meanwhile, the music labels today are raking in billions courtesy of streaming (which started off as a legal alternative to peer to peer file sharing, which brought in $0). This shows, that if people are offered a legal alternative at a price which is right, they will take the legal option.

And those streaming billions were not there in the past. It took a tech company to create this revenue stream, while the record labels (the ones who should have been doing this) decided that the only way they could make money again is to get laws passed to protect old business sales model instead of innovating.

And an artist wants to have a label deal.

Why?

The labels don’t care about you and all they want is to lock up your copyright forever, because without the rights of songs, the labels have no power and if they have no power they cannot negotiate these huge licensing deals with streaming platforms.

Even the movie studios like Disney lobbied hard for laws to get passed to protect their old business models. Then Netflix, Hulu, HBO and Amazon came out with streaming services and brought in billions of dollars that were not there before. And now Disney is entering the streaming market. Enforcement doesn’t work but better legal alternatives do.

And the record labels still complain at the price of streaming. They reckon Spotify should charge more and also do away with the free tier, but are too gutless to bring out their own streaming platform and charge the money that they believe customers should pay. So they bash on Spotify or YouTube or Pandora.

And when politicians leave office, they get a nice cushy job for the very firms that lobbied them hard to introduce legislation in their favour. And this happens in democracy, which brings to mind the “One” video clip from Metallica and the scenes from the movie, “Johnny Got His Gun”.

Little Kid – When it comes my turn, will you want me to go?

Father – For democracy, any man would give his only begotten son.

We might want to re-think what the hell we are fighting for.

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