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

Look What The Copyright Dragged In

It’s sad reading the stories below, because it shows how far removed Copyright Law is from what it was intended to be.

There are copyright battles happening everywhere. Most of the news is on how the record labels and movie studios are calling on governments to pass stronger dictatorship style copyright laws which would give these organisations police like powers.

Because if being creative on the accounting side for the labels isn’t enough, they also need to have police gestapo like powers. And remember that Copyright was originally designed to help the creator of the art. However, it’s assisting the corporations to make billions of dollars while the creators make a lot less.

Remember the movie, “This Is Spinal Tap”. Well, the movie has made over $400 million in profits, however the co- creators have received $81 from merchandise sales and $98 from record sales.

If you think those amounts are pretty low, well the co-creators thought so as well, and off they went to court, for fraudulent accounting and to get the copyright back in the hands of the creators. And lucky for them they got a judge that saw their side, so the case is going to get interesting. Other cases, got judges that had backgrounds in the copyright industry, so guess how those cases turned out. A victory for the copyright corporation.

The “Spinal Tap” case is a perfect example of a large corporation using copyright to benefit the corporation instead of the creators. Unfortunately for UMG/Vivendi, the co-creators in this case, also found fame with “The Simpsons” and they have a voice in the market as powerful as the corporation.

In other copyright news, the creators of TV show “Empire” got sued by another person who claimed that “Empire” is based on his script called “Cream” which he pitched to the show runners 8 years ago. Both shows centred on a black record label executive.

Yep, that was the similarity between the two scripts and the judge basically said, an African-American, male record executive is un-protectable.

Is the creator of the “Cream” script to blame here?

No.

The blame rests solely with the movie studios and the record labels who lobbied hard to get copyright extended to these current terms (life of the creator plus 70 years). Instead of assisting the public domain and giving people an incentive to create, these organisations are intent on destroying the public domain and giving people an incentive to sue, because hey, someone stole their idea. Well think of another idea. Or take that original idea and make it better.

And speaking of long copyright terms, remember all those cases involving streaming company payments over pre-1972 recordings, because those high commercial recordings fall under various state laws in the US. Well, organisations were trying to get remastered editions of those recordings passed as new derivative originals so they could come under the current copyright laws that would only benefit the copyright holder, which as we know is usually the organisation and very rarely the creator.

Meanwhile, Disney made a doco about Michael Jackson and they used some of his music in it without asking the Jackson Estate.

The Estate didn’t like that and thought Disney should have asked for copyright permission, in the same way Disney asks other documentary makers to seek copyright permissions from Disney when they make documentaries on Disney. So Disney cited the principle of fair use, a small section in Copyright law, Disney and other large organisations tried to kill off as their actual defence.

Funny how a large corporation which tried to kill off fair use in various copyright revisions are now using it as their defence.

And the copyright dispute is still going on, but it never should have even been an issue. Both organisations are holding on to intellectual property that should be in the public domain because the creator of the said works is dead.

If the creator dies, then there are no more works from that creator, so their previous works fall out of Copyright and become part of the public domain. It’s exactly how the 60s music explosion happened.

And what about YouTube’s Content ID system taking down works that are copyright free.

Isn’t it funny (a lot of sarcasm here) as to how an algorithm created by YouTube to protect the interests of the copyright holders (mainly the large organisations) is now over protecting them, to the detriment of the public domain.

Read the Torrentfreak article to find out how much time is being wasted to “protect the interests of large corporations”. A Professor uploads copyright free music and YouTube is taking them down. Time wasted. The Professor then counter claims and YouTube then restores. Time wasted again to be back at the start again. And the way the algorithm works, it will pick up these videos again in due time.

Seriously, this is the world that Copyright controlled by Corporations has created and for YouTube to exist they needed to create something for the Corporations. And if users uploading copyright free music isn’t a problem, then allowing websites to stream rip videos from YouTube is a problem to the large copyright organisations.

I think people are forgetting that the “users” of the service are responsible for how they use the service. And if the record labels can’t get the message that the users are sending them, then they will continue to miss business opportunities to monetise these users. These users go to so much effort to find videos and use another third party software to stream rip that video. That is a lot of effort there by a user to own music in a digital form.

And YouTube is still in the firing line for not paying the copyright holders fairly. They seem to make billions in ad-revenue and pay thousands to artists.

The article states:

Artists claim that a song needs to be streamed 51.1 million times before they can make the average UK annual salary of £27,600. Revenue is based on the number of streams a video has received and funded through advertising.

It is claimed that YouTube pays creators 0.00054p per stream of music, meaning a track that is streamed one million times would earn about £540. Artists say that 85% of YouTube’s visitors come to the site for music, contributing £2.33 billion to the website’s revenue in 2017.

It’s a new world we live in. People want to get paid right away, even if they have a hundred thousand views. But be careful what you wish for.

Organisations like YouTube have given artists access to a world-wide market instantly. If you compare now to the past,  for an artist in the record label controlled era up to when Napster hit our internet lines, artists needed a record label and a lot of money behind them to have access to a world-wide market.

And this is the model the record labels want back. The gatekeeper control model. And misguided artists are pushing for it. Scary if you ask me.

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

Copyright Lies Are A Business Model

What comes first, the words or the music?

The answer always is, “listening to the words and music of other artists”, however it’s rarely said. Even more so today, for fear of a court case.

Being inspired by artists, story tellers and sounds is how we learn. From the day a child is born, they are listening to the sounds of the voices and learn how to talk from it. They watch people walk and decide to try it themselves. We basically copy what others do. But when big business gets involved and hijacks a law designed to protect artists, well this isn’t what Copyright should be and it shouldn’t be up to any court to decide.

Any musician starting out learns to play the songs of others before writing their own. This builds their style and forms a large part of their song writing. Led Zeppelin just made songs or riffs they had heard from other artists, sound better.

However, lawyers these days along with the heirs of deceased artists are trying to turn this into a pension fund, because the current length of copyright terms (which the labels lobbied hard to get in the 60’s and 70’s and 90’s) allow them to do so. But if you look at any guide to becoming great in any field, they all say to copy the greats.

Artists do not operate in a vacuum. They assimilate what is happening around them to create music. They create because they want to create. It’s a human need that needs to be satisfied within. No artist sits down and says to themselves, “geez, lucky for me that Copyright law is for my life plus 70 years, so I have an incentive to create.”

However, the recording industry constantly spews the same rhetoric about the need for stronger copyright enforcement and longer copyright terms, because piracy is killing the industry and if there is stronger copyright enforcement, then artists will get paid, and if artists get paid, more art will be created.

Are they serious?

The true purpose of copyright, is the progress of arts and science.

And while piracy ran rampant, and recording industry revenues went down, there was still plenty of creative output. Artists create because they want to create.

And for getting paid, if you have some traction and are not seeing any coin, redo your contracts with the middle parties. Otherwise if you are an artist who has no traction, obscurity is your enemy, so keep on creating.

There is an article over at Torrentfreak which talks about copyright and how more money leads to less creative output which challenges the bullshit put out by the labels and their stooges.

It’s because overpaid artists don’t work harder; they work less. Jimmy Page is a perfect example. Look at his recorded output since Led Zeppelin finished up.

So Copyright was originally designed to give a creator a short term monopoly on their works so they create more works. However Copyright over the last 50 years has become a scheme which encourages our superstar artists to work less. And this is the opposite of the true purpose of copyright; to facilitate the progress of arts and science.

And what is even more opposite of the true purpose of copyright is this stupid “Blurred Lines” case.

Remember how the Pharrell/Robin Thicke song “Blurred Lines” infringed on Marvin Gaye’s song “Got To Give It Up” because it had a similar feel/groove. No actual music was copied. And what makes it bizarre, “feel” or “groove” is not protectable subject matter under copyright law. But we have a court deciding differently. It’s not like Marvin Gaye’s song was so original and free from influence of other songs from the same era.

Based on this ruling, The Night Flight Orchestra cannot exist at all, because they pay homage to artists who influence them. God damn it, every band that I know off, pays homages to other artists. This is a stupid court decision. Paying homage to other artists, or writing a song in the style of another artist is how musicians first learn to create songs. It does no harm to the original artist, and often introduces more people to the original work.

And, similar lawsuits are rapidly being filed. Ed Sheeran is dealing with one over his song “Thinking Out Loud” and if it is too close to Marvin Gaye’s “Let’s Get It On.” The songs do have the same chord progression, but are pretty different.

As the Techdirt article states “having the same chord progression allowed Sheeran to sometimes easily perform a mashup of the two songs at concerts. But again, that’s a tribute, but it’s now being used against him.”

The scope of copyright is creeping into other things. And it’s wrong.

And because of how far gone Copyright is gone, we have a war in the EU over a perceived “value gap” of what YouTube pays versus what those songs would have earned if people had the chance to buy them.

Seriously, the recording industry might as well bring back dial up internet or the telegram.

The truth is, songs are streamed more on Spotify than they are on YouTube these days. And when are people going to understand we are living in a new era. Any person can make music. It’s cheap, you can do it from home and you can release it from home. But the biggest difference is consumption. It’s the listeners who hold the power now, not the labels.

The old model was you needed a major label. They would put some money into the recording and then promote you. Artists felt like they could have a career, even if they never became mainstream or had a hit. Now, there is so much music available, the majority of music fans don’t care about acts. The streaming platforms are not robbing the artist, it’s the fans. They have decided how they want to access music. Revenues are up for the labels, but maybe not for the artist, especially the ones on crappy record deals.

But somehow, the recording industry finds ways to put longer and stronger copyright terms into the discussion. Which is disappointing. And lawyers who represent the heirs of dead artists are waiting to sue. Which is disappointing.

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

Release Day

Spotify has a playlist ready every Friday for me in relation to bands I follow or bands who might be similar to bands I follow. Sometimes there is fluff in those playlists and sometimes it’s like the good old days of being in a record shop and deciding which album to purchase from the many on offer. In this case, I can listen to everything.

And there is a lot of music out there to digest. The enemy to global stardom is not illegal downloading, it’s obscurity.

How are people going to find out who the hell you are?

You are not just battling for listeners attention from the artists who have new music, you are battling for listeners attention from the history of music. Yes, that’s right. We have “almost” the whole history of music at our fingertips. And even though the odds are really stacked against artists from making a living from music, people are still out there creating and releasing. Some artists are ahead of their time, so it might take a while for the audience to catch up. But one thing is certain, creativity is at an all time high.

Which is a good thing, because the recording industry and the copyright monopoly tried their best to convince everyone that creativity would die due to illegal downloading all in their push for government intervention to protect their profits.

And truth be told, while the internet might have given people access to play in the recording industry arena, it didn’t kill the labels. Because the labels consolidated into three majors. And they amassed a lot of power through a little law called copyright. And with this power, they had a monopolistic bargaining position at the table when it came to licensing deals with the techies.

Anyway here are few releases from the most recent release day Friday.

Fake
FIVE FINGER DEATH PUNCH

Let’s promote the new album with a song that sounds similar in groove and feel to every other song we have written. Maybe some lawyer will sue the band for plagiarising their own sound and feel.

You talk a great game, trying to make a big name, soon you’re gonna run out of time

I’m a fan. Hell my six year old is a fan.

The song has a head banging riff (who cares if it sounds similar to other songs), underpinned by a drum groove that gets the foot stomping and a vocal line full of vengeance about a fake person.

Over It
BULLET FOR MY VALENTINE

I’m still waiting for BFMV to decide what kind of album they want to make. A bone crushing “Heaven And Hell”, a sonic sounding “Dr Feelgood”, a metal sounding “Powerslave” or their own “The Blackening”. While I wait, they still release cool tunes like “Over It”, a product of where the band is right now, with only two original members left.

I can’t take this anymore, I’m over it

Trying to save someone who doesn’t want to be saved or can’t be reached is a difficult process to deal with.

Save Yourself
BREAKING BENJAMIN

So much gloom in the lyrics. For one thing, I’m happy Benjamin Burnley is making music and has kept the band name going after the various lawsuits and what not. And like AC/DC, Disturbed and FFDP, Breaking Benjamin is churning out consistent same music, album after album to great success and platinum awards.

Monolith
THIRTY SECONDS TO MARS

It’s an instrumental which keeps on building like the music in a movie preview.

Personally, I dig it, so I went to hear the album. As a fan of the first three albums and playing “Conquistador” to death from the previous album, the “America” album is not what I prefer in the first half and great in the second half, especially from “Great Wide Open” to the end.

Transition
CRASHCARBURN

South African rock band that fell of my radar the last four years, so it’s good to have them back.

GONE (Radio Edit)
RED

This band has changed a lot during the last 6 years, with more and more electronic elements added to their tunes.

The Human Radio
SHINEDOWN

I don’t mind the kind of rock that Shinedown is morphing into because it’s still Shinedown and it’s still Brent Smith on vocals. And come to think of it, all of my favourite bands took styles and sounds from what is current into their mix as their career went along.

Get the money, throw the tantrum
The human radio is playing your anthem

More Beautiful
HOOBASTANK

Don’t ever think your broken and not good enough
Cause all the things you want to fix are things that I love

Magazines in the 90’s did a great job selling beauty and the social media world created by Facebook, Snapchat and Instagram has only added more fuel to the fire.

And people are dying just to look beautiful, starving themselves to feel beautiful and paying stupid amounts to correct their natural beauty in order to look manufactured.

Liberta
MUSTASCH

A bunch of Swedes with moustaches that play some killer groove metal/rock with melodic vocals. If beards and moustaches worked for ZZ Top, why not for a band called Mustasch.

Set Free
JADED HEART

Experienced melodic hard rock from Germany with Michael Bormann on vocals.

For those who don’t know, Bormann handled vocals in another favourite German band called Bonfire, however it was after their US breakthrough albums.

Sacrifice Me
ISSA with DEEN CASTRONOVO

Cool to see Deen redeeming himself with some cool music over the last 12 months. “Freedom” from the last Revolution Saints album is still doing the rounds in my life and this time, he’s doing a duet with Finnish singer Issa which sounds like it’s from an Evanesence album.

Burn
W.E.T

Another Jeff Scott Soto collaboration, this time with Swedish songwriters Erik Martensson from the band “Eclipse” and Robert Sall from the band “Work Of Art”. It’s another great melodic rock song.

Show Me
NEIL YOUNG

Of course Neil Young surprised me with this cut, which takes the “Rocking In A Free World” chord progression and acoustifies it with some soul and blues and calls it “Show Me”.

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Copyright, Music, My Stories, Piracy

Cassette Copying Incorporated

Copying of music has always been there. People once upon a time used to listen to the radio and record songs from it. People used to record video clips from TV music stations. People would make a copy of an LP from their friend or a family member. Hell, we would make copies of a copied album and so forth. In other words, the music industry grew because of copying.

So if we used the buzzword of the modern era, piracy was rampant back in the 80’s. Most of my music collection during that period was made up of music taped onto blank cassettes. Every time I visited my older cousin, I was armed with blank cassettes and proceeded to copy albums that he had purchased. I was not alone in doing this, nor was I the first. Most of the music from the seventies that was passed down to me by my brothers was in the same format (blank cassettes that got filled with music).

You know that peak year of sales for the recording business in 1998. Well there is research out there which suggests it was due to two reasons. One reason was people replacing their vinyl collections with CD’s and the other reason is the people who had music on blank cassettes in the 80’s finally having enough disposable income to buy their favourites on CD.

I fit into both reasons because in the 90’s, I purchased every album I had on dubbed cassettes on CD. I re-purchased every LP I had on CD. I went to second hand record shops and purchased LP’s from the Eighties and Seventies very cheap. I was not the only one that did the above.

All of this copying allowed bands to have fans. And fans are not people who just spend money on something because they are a fan. Fans are people who enjoy a particular product. Some fans pay for that product early on while others pay for it later on. Some don’t pay at all. If it wasn’t for cassette copying, I never would have heard the full length albums of bands that didn’t do the rounds on MTV. I never would have heard “Master Of Puppets” from Metallica. After hearing it, “…And Justice For All” was a purchase on release day. It was many years later that an original copy of “Master Of Puppets” came into my collection.

Funny thing, my brothers had a friend with a nickname “Greeny”. He got that nickname because he was a tight arse and even though in Australia we don’t call money “green”, my brothers saw a movie that used the word “Green” as an analogy for money, so Greeny got his nickname.

Now Greeny, would always purchase metal and rock music. It was in his car stereo, I heard Kix “Blow My Fuse”, Bonfire “Fireworks”, Night Ranger “Midnight Madness”, Leatherwolf “Street Ready” and so many more. I always asked to borrow a cassette and make a copy of it, or i asked if he could make a copy of it for me.

And Greeny always said no. He always said, why should he pay $15 for the album, while I paid $10 for three blank 90 cassettes and dubbed six albums from him. So I had to resort to a different strategy. My five fingers would stealthy move and take the cassette from his car, without him knowing. I knew that I had a small time window to dub it before he found out so I would use the high speed dubbing on my stereo to copy it.

When Greeny found out a tape was missing he was always storming over to get his cassette back. In time and before I left the car with my bros he would do a stock take of his collection, so my borrowing days were over. But from borrowing and copying (which the labels call stealing and piracy today), I never would have become the fan of music I am and I probably would have had four houses paid off, instead of having a tonne of grey concert shirts, ticket stubs and a wall to wall record collection.

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Copyright, Music, My Stories, Piracy, Stupidity

Appetite For Copyright

Seriously you can’t make up the madness that Copyright comes up with these days.

It looks like the music labels will get even more richer. Facebook is making licensing deals with all of them so users are allowed to upload their own videos to copyrighted music.

Of course musicians can earn royalties from the views/plays, but how much of the licensing fee is going back to the musicians, because it’s those works the label used in the negotiations. So far Universal and Sony have made the deal and Warner Music Group is in conversation.

And music creators believe a government bill increasing the royalty rate services that play music need to pay, will increase the payments get back. Umm, it won’t. The record labels and publishers will have more money in their bank account and the creators will still get the payments they always get based on their publishing and label contract.

And seriously how many times are we going to read how the music industry’s revenue declined to about $15 billion in 2015, from the $40 billion it brought in around 1998. First, those figures are about the RECORDING industry, not the music industry. The music industry encompasses income from tours, merchandise, radio royalty payments, licensing and sales of recorded music. Sales of recorded music is just one portion of recorded music. And if the people who are writing the songs are not getting paid, then they should be renegotiating their agreements with the organisations.

And being a music creator doesn’t guarantee you an income.

Then again, suing other artists for creating a song which is similar to another song has become a new income model for businesses who hold the copyrights of songs. And these cases bother me, because it sets a precedent that the person suing has created an original piece of work, in a vacuum, free from influence and other songs that came before it.

Here are two more suits around copying.

Ed Sheeran and Tim McGraw are being sued by Australian songwriters. Seriously, how many suits has Ed Sheeran faced in the last 5 years.

And then you have Boomerang Investments, the copyright holder to songs written by Harry Vanda and George Young suing an American band for their 2011 song, “Warm In The Winter” because it contains a line “love is in the air” with a similar melody. Now I have heard interviews from Vanda and Young back in the day where they state how classical music is a great influence for writing melodies.

The issue with this case is not the copying or the similarities, it is the fact that Air France paid a license fee to use Glass Candy’s song and the subsequent song is now making decent money.

And somehow people own the copyright to white noise. You know that noise you hear when you can’t find a TV channel. Suddenly on YouTube, a video containing “white noise” had a copyright complaint made against it. What’s next, copyright complaints against songs featuring distorted guitars. It’s madness.

Read about the white noise takedowns here and here.

And Spotify is still getting sued for licensing issues over songs played on the service. Someone is always aggrieved. Check out the text from the lawsuit.

The lawsuit alleges that Spotify hired Harry Fox Agency (HFA) to obtain the correct licenses, which Wixen calls “ill-equipped to obtain all the necessary mechanical licenses.” Moreover, the complaint alleges, “Spotify knew that HFA did not possess the infrastructure to obtain the required mechanical licenses and Spotify knew it lacked these licenses.”

You see, this is what happens when you create a law that creates a monopoly, which in turn gives rise to corporations who become powerful entities. Wixen is not about helping the creators and paying them the correct monies. They are all about their own pockets. People who have created no value and no art which is popular, living off the hard work of others.

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

Metallica and Bob Rock

I ended up re-watching the Metallica documentary around the making of the “Black” album.

The album is what it is because of Bob Rock. He drove it, he knew from the start exactly what every song needed, he pushed Metallica to the limit and I can understand why Metallica invested so much trust in the direction of the band with him.

Hell, the Producer role should be expanded to state, dealing with egos and arguments.

The demo of “Sad But True” (I had a drummer who always thought it was called “Sad Patrol”) was heaps quicker. Bob heard a “Kashmir” feel and asked James to slow it down and make it crunchy.

Rock kept on telling James to re-write lyrics to songs. He told him to use fewer words in the choruses and to use stronger words. He questioned James on what the song is about. He asked him how the verse lyrics referenced the song message. James didn’t like this line of questioning. If James couldn’t explain it simply, it means he hasn’t nailed the lyric.

Rock told Lars to take drum lessons and he told James to take singing lessons. In my view, Metallica needed that kick up the butt and the amount of physical product the “Black” album has moved is a pretty good indication of that butt kick.

Personally, I would have loved to have seen a doco on the making of the “Load” album just to see the influence Bob Rock had on that album and how those studio sessions went.

Rock’s mentor was another Canadian called Bruce Fairbairn. Most of the records Bob engineered, Bruce was the producer. Fairbairn produced “Bon Jovi – Slippery When Wet” and “New Jersey”. Total sales of over 30 million for both albums and Bob Rock engineered both of these albums.

Without Bob Rock, Metallica wouldn’t be as big as they are today and without Metallica, metal music would not have become as mainstream as it is today.

However, having said that, Metallica’s demise music wise (my opinion) during the following years is also attributable to Bob Rock and the reasoning comes from this;

  • The songs designed for the “Black” album were originally designed following the process of good old fashioned Metallica songs.
  • The style of the “Black” album songs weren’t too far apart from the old Metallica songs that appeared on “Justice”, “Master” and “Lightning”, heavy with thrash elements.
  • The song writing process was that James and Lars would take all the riff ideas they accumulated in between albums and go away and listen to all of the ideas. They would make notes as to what riffs where good and take the good ideas and start to turn them into songs. The returned to this songwriting process with the “Hardwired” album.
  • So when Bob Rock came in after the songs were written and added his influence, changing the songs tempo and asking for better lyrics and melodies, he created what I call the “gap” between the earlier albums and the “Black” album. But because the songwriting process was the same as the earlier albums, the songs still are Metallica.
  • However following the “Black” album, when Metallica designed the songs for “Load/Reload”, they didn’t follow the original good old Metallica song writing process. Rather they wrote songs from the place I call the “gap” which is now influenced by commercial expectations.
  • So when Bob Rock gets involved this time around, he amends the sound and feel of the songs even further, creating a greater divide from their original sound then the “Black” album. In other words, the “gap” got bigger.
  • Coming into “Load”, Metallica has never written 30 demos for an album. They always wrote enough songs for the album. For the “Black” album, they had 12 songs, nothing more. For “Justice”, all the songs they wrote for that album are on the album, no leftovers, same for “Master” and “Ride The Lightning”. So when a band writes 30 songs for an album they are writing for a hit.
  • I also think there were other motivators behind the influence of the sound of “Load” and “Reload” as well, and that had more to do with the longevity of the band, I remember seeing an interview with Lars years ago which gave this impression on me, basically following the “Black” album, Metallica became one of those all-time great bands like the Rolling Stones and potentially they can be riding the waves of this success in their 60’s. BUT, when they are 60 years old, how are they going to tour playing thrash all the time? The songs the Stones produced are not that hard to pull off when your 60+, but how is Lars going to cope drumming “Battery” every night on tour when he is 60+? How is Hetfield going to growl every night when he is 60+?

It’s very rare I play any songs from “Load” or “Reload”, and I’d say that would be the same for the majority of Metallica fans, whether they are hardcore or new, the album sonically might sound awesome but the songs would be ranked at the bottom of their entire inventory, other than 5 or 6 songs.

I think James summed it up with the following comments about the whole Load and Reload era…

“Lars and Kirk drove on those records. The whole ‘We need to reinvent ourselves’ topic was getting discussed.  Image is not an evil thing for me, but if the image is not you, then it doesn’t make much sense.  I think they were really after a U2 kind of vibe, Bono doing his alter ego. I couldn’t get into it. The whole, ‘Okay, now in this photoshoot we’re going to be ’70s glam rockers.’ Like, what? I would say half — at least half — the pictures that were to be in the booklet, I yanked out. The whole cover thing, it went against what I was feeling.  Lars and Kirk were very into abstract art, pretending they were gay. I think they knew it bugged me. It was a statement around all that. I love art, but not for the sake of shocking others. I think the cover of Load was just a piss-take around all that. I just went along with the make-up and all of this crazy, stupid shit that they felt they needed to do.” James Hetfield

Is Hetfield passing the buck with his comments?

He recorded the songs, wrote the riffs, he did the vocals and so on. Whether he lost interest or passed the controlling influence to Lars, regardless he was on board with the direction, it’s his band, regardless of who’s pulling the strings in the background. Without James, there is no Metallica, all the rest can be replaced in my mind.

I also watched “Get Him To The Greek”, Lar’s gets told off by Russel Brand. “Go sue Napster and your fans”, and that is the stigma that will forever stick with Metallica. They got so out of touch with reality that they sued their own fans for sharing their music. Nicko McBrain sums up piracy in Flight 666 “We sold out in Costa Rica but haven’t sold an album in this country…“

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

Copyright Rants 

Copyright is all over the news again.

The Electronic Frontier Foundation (EFF) is speaking out against the Recording Industry Association of America (RIAA), accusing it of “misstating copyright law” in a submission it made to the US Government around stream ripping sites. 

The RIAA states the popularity of stream ripping sites is high and the traffic volumes the sites get inflicts enormous damage to the US record industry. 

It doesn’t look like the balance sheets of the record labels show any damage whatsoever. 

The EFF states stream ripping has legal uses and stream ripping of music audio might be covered by fair use. The EFF also states the RIAA is asking the US government to apply copyright law the way RIAA wishes it to be applied and the US government needs to apply Copyright law as it’s written.

Then you have the music publishers seeking a new licence for mechanical (songwriter) royalties.

It’s no secret streaming companies are having issues paying royalties on songs. The reasons are many. Some obvious ones are because the data of who wrote the song is not available or if it’s available, it’s not entirely correct. Blame the record labels/publishers for having no duty of care to hold the correct information and when they provided this information to the streaming services, it’s been lacking. So they are happy to take the money from streaming services and then fail the artists they are meant to represent when it comes time to compensate them. Add to the mix how Copyright pre-1972 is driven by state laws and what you have is a litigation mess.

Streaming services are meant to pay both mechanical rights and the performing rights of a song. For the performing rights, there is a blanket licence paid to BMI, ASCAP, SESAC and GMR. For the mechanical rights, rates are set by laws and the streaming service has to get in touch with each individual copyright owner, to tell them a song they are involved with is being exploited and how they will pay the royalty rate to them. So suddenly, a technology that wants to bring music to the masses is tasked with FINDING all of the Copyright owners.  

Makes me wonder what the record labels and publishers have been doing for the last 70 years.

 Of course, a blanket licence would simplify things. This also means another government granted monopoly needs to be created. And from past experiences, the songwriters will still get pennies while this new entity will make billions.

In Canada, the record labels are asking the government to change the copyright laws, so they can “offset internet-driven losses”.

“Our goal was to point at two changes that will put millions of dollars into the pockets of music creators and people who invest in them.”

Graham Henderson – Music Canada’s President

If the music creators got paid on a 70 (to the artist) / 30 (to the label) split, it would put millions of dollars into the pockets of the music creators. However, the splits are more like 80 to 90% to the record label which means the music creators would get hundreds to the thousands, while the label gets millions.

Because if Copyright is there to reward creators then why are the Spinal Tap creators taking Vivendi/ Universal Music to the courts.

“Further compounding this fraud, improper expense deductions were made in Vivendi’s accounting to the creators, allegedly representing print, advertising and publicity expenses (undocumented) totalling over $3.3 million and a further $1 million in freight and other direct costs, more than half of which extraordinarily appears to fall some 20 years after the film’s release. Vivendi has also recently charged over $460k in ‘interest’ on production advances for a film released in 1984 and $165k in ‘litigation expenses’ to the creators’ account. Vivendi clearly has no intention of honouring its obligations to account honestly or to fairly compensate the Spinal Tap creators for their work”.

So let me get this straight.

Vivendi owns the film rights via some past acquisitions and Universal owns the soundtrack (music) rights. Both of them are making up accounting transactions so the creators of the Spinal Tap movie and the soundtrack are shown as being in debt to the studio/label. 

35 years later. 

They are still in debt to the studio/label.

All they guys want to do is take back their copyrights. Copyright law was written to allow the creator to take back their copyrights after 35 years. But the corporate entity which currently holds the copyright is not letting go.

Don’t you just love how Copyright is there to benefit the corporate entity?

The corporation is well compensated while the creator is alive and even more so once the creator is dead.

Yep copyright is so far gone it’s not even funny anymore.

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