Category Archives: Piracy

Copyright, Music, My Stories, Piracy, Stupidity

Copyright Will Expire Say When

I’ve been listening to a few new album releases while reading a few articles on Copyright. As everyone knows, copyright lasts for the life of the creator plus 70 years.

In 2015, Matt Heafy from Trivium turns 29 years of age and Claude Sanchez from Coheed and Cambria turns 37 years of age. According to various research, males are expected to live to about 80. If all goes to plan then their copyrights on “Silence In The Snow” and “The Color Before The Sun” (both released in 2015) is expected to expire/enter the public domain on 1 January 2136 and 2128 respectively.

That’s right people, the way copyright currently stands around most western societies, “Silence In The Snow” and “The Color Before The Sun” will be protected by copyright for 121 and 113 years respectively.

Now remember, Copyright was designed to provide creators of works an incentive to create more works by rewarding the creator with a number of rights for a limited period of time. After the copyright expires, the work enters into the public domain so that any person can copy the work in part or in whole in as many as different ways possible. The whole British rock movement happened because most of the blues, jazz and folk standards from the 1930’s were out of copyright, free for others to build upon.

However, from Copyrights beginnings, the terms have been extended a number of times, so that in 2015 we have a copyright that protects works for a long time.

Hell, even a song like “Smoke On The Water” will still be under copyright long after I am dead, and I was born after the song was released.

Jon Lord’s Copyright will expire in 2082, as he passed away in 2012. Ritchie Blackmore’s, Ian Gillan’s and Roger Glover’s Copyright will expire in 2095 while and Ian Paice’s Copyright will expire in 2098 provided they all live up to 80 years of age.

So what we have is a problem where the public finds it difficult to build upon works protected by copyright to create new products.

So who do you think will benefiting from this long copyright extension after death?

Will the family members of the creator benefit?

Will the third-party who owns the Copyright because the creator or the family of the creator sold/licensed the copyright to them for a fee and for a time period benefit?

In the future to come, I expect to see a music publisher purchase the Copyrights to an obscure NWOBHM song called “Rainbow Warrior” from a band called Bleak House and then take Metallica to court under plagiarism claims for “Welcome Home (Sanitarium). Or a music publisher who owns the copyrights to “Sad But True” and “Symphony Of Destruction” from Metallica and Megadeth, then taking Avenged Sevenfold to court under plagiarism claims for “This Means War” and “Heretic”.

Sort of like how the music publishing company Larrikin who purchased the copyright to the children’s song “Kookaburra Sits in the Old Gum Tree” from the Public Trustee, sued Men At Work for a 10 second flute solo on their song “Down Under” that sounded similar to the melody in the children’s song. .

The sad part is that the Copyright collection societies are posting record collections, while still screaming for restrictive and longer copyright terms.

It’s basically these kind of societies along with powerful rights holders like Disney and the Record Labels that have lobbied governments to extend the scope of copyright. And it doesn’t look like changing anytime soon and the courts will be clogged up with plagiarism suits, when in fact, all of those suits should be thrown out. Because no music is created in a vacuum.

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

…And Streaming For All

“I judge (the current state of heavy metal) it more by people coming to shows rather than on people buying music. It’s very different to what it was 20 years ago, but the live environment is unchanged, and that’s when you see if you are doing well. The tour that’s coming up is almost sold out already which is great news. It does seem to be a good time for metal.”
KERRY KING – Slayer

Damn right. The live environment is unchanged, however one important fact to add to that is that with more people than ever having access to music, guess what is happening. Shows are selling out quicker than ever.

Suddenly that Metallica fan or Venom fan or Iron Maiden fan that didn’t have the cash to purchase a Slayer album as we did have to choose once upon a time what albums to purchase based on the cash in our pockets, now has Slayer’s whole catalogue in front of them and at their fingertips. And it’s not just Slayer benefiting from this. All of the bands that have deep catalogues are benefiting from this, provided they are still together in some shape and form and roadworthy.

And of course, there is a lot of P2P illegal downloading going on, along with legal streaming options both paid and free.

In Australia, we are labelled a land of pirates, however, in the last year, these pirate fans of music have added 15.7 billion to the live music industry, which is a record for Australia.

Also, if you think that streaming is priced too high, then it is. The average music listener spends on average $22.80 a year on music. Set the yearly streaming fee of $25 and watch the user base grow exponentially. Hard core fans will always pay top dollar, but for music to grow exponentially, it is the casual music fan that needs to be monetized consistently.

What would the artists want, 20 million paying listeners at $100 a year or 100 million paying listeners at $25 a year?

Also if you read the ABC story, China, India, Mexico, Brazil, South Korea, Canada and Spain are markets that bands are consistently monetizing through live performances and they are also markets that spend the least amount of money on legal music options. High rate of P2P leads to high returns at the box office, if you are able to tour there.

Megadeth played China recently, to sold out crowds and even had their set censored. Metallica played China a few years ago to sold out audiences. Bon Jovi booked shows and the Chinese Government cancelled them. Avenged Sevenfold also played a censored set in China. Meanwhile, India, Mexico, Brazil, South Korea and Canada are consistent stops for Metallica, Bon Jovi, Avenged Sevenfold and Iron Maiden.

You see, when more people have access to music, there are rewards in other areas.

Let me talk about some artists for a moment that are not hard rock or metal.

Glass Animals is a four piece UK indie rock band. They have over 100 million streams, generating $700,000 in royalties for the rights holders. But the reason why I am mentioning this band is that their debut album came out in June 2014, and after 64 weeks, it is still selling units and it is still being streamed. It is getting more and more popular as time progresses.

“Without the word-of-mouth excitement that came via the streaming platforms – first Spotify and now apple music – we would never have managed to sustain a campaign that took the band from unknowns to headlining sold out shows.”
Amy Morgan, Manager 

Ed Sheeran (yes I know he is not metal or hard rock) is one of the biggest acts in the world. He has always gone on record about the benefits of Spotify and streaming services in general. He’s winning on the live circuit while those who are complaining about streaming are losing. He is two albums deep in his career and is selling out stadiums and arenas.

“The audience grew as people shared the album and play listed tracks thanks to the platform and support Spotify gave us. Tickets sold to shows sold globally and the world around “Zaba” (their debut album) and Glass Animals began to grow. Without that initial connection between band and audience and the word of mouth excitement that came via the streaming platforms – first Spotify and now Apple Music as well – we would never have managed to sustain a campaign that took the band from unknowns at SXSW 2014 to headlining sold out shows at The Wiltern in LA, T5 in NYC, Shepherds Bush in London and gathering huge crowds at major international festivals all round the world just over 15 months later.”
Emma Greengrass, Caroline International 

Streaming is not the enemy. It is the artists best friend. Read this article on Troy Carter’s (artist manager) views on streaming.

If you don’t click on the link, here it is…

Musicians, it’s time to stop hating streaming services, and here’s why. Troy Carter, one of the world’s most powerful artist managers (John Legend, Meghan Trainor, and previously Lady Gaga) just busted some myths with four reasons streaming is the future of music, not the end.

Streaming Will Earn Artists A Lot With Enough Users – Royalty payouts from streaming might seem small now, but that’s because it’s very new. Eventually as more listeners sign-up, the payouts could match the amount artists made at the height of the $16 CD era.
The Alternative Is Piracy – If music isn’t easily accessible for free with ads or through a subscription, people will just steal it and then artists earn nothing.
Labels Are Hoarding The Royalties – Services like Spotify and Apple Music pay more than 70% of what they earn to the labels, and most of the rest covers expenses of running the apps. The problem is that the labels push artists into exploitative record deals where they only get a tiny share of the royalties, and the labels keep the rest.
The Big Money’s Always Been In Touring And Merchandise – Labels have always screwed artists out of recorded music dollars. Artists should think of streaming as a way to get more famous, and sell more concert tickets and t-shirts.

Basically artists who are mad about streaming should demand better deals from their labels, remember the alternative is getting their work stolen, be patient, and tour. CD sales didn’t get huge overnight either. Once more people realize how amazing it is to be able listen to any song they want, the money will come.

You don’t see Metallica complaining about streaming payouts. They control their music and negotiated with Spotify on their own terms. And as Kerry King from Slayer puts it, Metallica is living on the first five records.

Bands in the Eighties had more freedom. It was just the times. The labels didn’t know how to handle the hard rock and metal bands in the beginning. As far as the labels were concerned the music was too abrasive for radio and crossover appeal, however the albums just kept on selling. The tours kept on selling. So the bands had free reign to do what they want initially.

And each time a band put an album out, it sold.

So the labels continued to stay out of the writing process and the bands produced works that are considered classics or monumental game changers for the genres the bands got classed in.

What we do know is that change is constant in music and the artists that manage to hold it all together end up winning in the long run. But it all starts with the song and giving people access to that song.

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

It’s Always Been About The Songs

“The biggest thing that surprised me about fame was that it was fleeting. You work so hard to get there and you just assume that it’s some sort of finish line, or you take a victory lap and maybe spike the ball, run around the field screaming ‘Goal,” I don’t know.”
Dee Snider 

It is pretty well-known how long and hard Twisted Sister worked at getting their sound and image out to the masses. It is also pretty well-known how short their fame was in the Eighties and how quickly they faded from the conversation.

You see, the biggest untold story in music is that when an artist hits a high with one album/song, it doesn’t mean that the next album/song will also hit that same high.

“Stay Hungry” sold over 2 million copies when “Come Out And Play” was released in 1985. At that point in time, “Under The Blade” was still selling, “You Can’t Stop Rock ‘N’ Roll” was still selling and so was “Stay Hungry”. Because when an album crosses over into the mainstream, the back catalogue of the artists suddenly become popular.

Then a new album drops and suddenly the sales are not as high as the previous album. It doesn’t mean the band is not famous or popular anymore, it just meant that a re-adjustment was going on with the fans.

A lot of fans were still digesting the back catalogue and a lot of fans moved on to the next flavour of the year.

So instead of Twisted Sister’s management team booking a normal theatre and shed tour, they booked an arena tour for “Come Out And Play”. And when the arena shows failed to sell out, the tour got canned which cost the band money. The merchandise agreement for the tour became null and void which cost the band money.

“The reality is that rock and roll, in the mainstream, it’s in a difficult place right now. People don’t buy music, and they certainly don’t buy rock bands’ music in the way that they used to. And so, for our genre, it’s kind of… We’re limping along when it comes to public appeal. I believe that rock and roll is alive and well. I just think that people need to show their support and let the genre keep thriving.”
Andy Biersack – Black Veil Brides

People never wanted to buy music. I know I never did. I wanted to listen to music. However, corporations got involved with music, and a big business was born from it. Guess how many records Kiss sold from their first album, before they started to record their second album.

If you answered 70,000 units, then you are correct. If you don’t believe me, read Paul Stanley’s “Face The Music”. Metallica’s “Kill Em All” didn’t set any sales records when it came out either. Nine months after the album’s release, Metallica went back into the studio to record “Ride The Lightning”.

But today, bands want instant success. They want their first album to sell like Metallica’s “Black” album or Bon Jovi’s “Slippery When Wet”.

“Metal was really strong in the 80s and kind of had hard times in the 90s. I think we treaded water and kept alive and kept focused on being Testament, and writing songs that we wrote without thinking or trying to change and play with what’s current at the time. It really hurt a lot of bands trying to do that. Fortunately, we didn’t do that. We went opposite. We went a little darker and heavier at that time. Then the metal got healthy again, and coming out the other end, we were in the right spot with the direction we were going, and the history we had, it just carried through. Metal has been real strong since the early 2000s. It’s been gradually picking up. I see the generation changing with a lot more younger fans coming to shows now over the last ten years.”
CHUCK BILLY – Testament

The crux of longevity is the replenishing of your fan base, year after year. And you do that by being in the game. Each album release will do some of the following;

  • Pick up new fans and keep all of the old fans
  • Pick up new fans and lose some of the old fans
  • Pick up new fans and lose all of the old fans
  • Keep all of the old fans
  • Lose some of the old fans

It’s just the way it is. You see for me, I lost interest in Testament after Alex Skolnick left. My cousin Mega, still purchased their albums, I heard them and forgot them. It was just part of getting older. Musical tastes changed for a while. That is why in 2015, my music collection has everything from folk, blues, classic rock, metal, hard rock, glam rock, thrash metal, death metal, metalcore, progressive rock, etc…

So in 2015, the album is just not as important as it was once was. With streaming it is all about the songs. For all the artists that complain about sales, the truth is if you’re popular, people want to listen to your music and they want more of it, if it is good. My kids don’t even care if the songs all came from the same album.

Today, the artists get paid every time we listen.

Elektra sold Metallica’s self-titled album and the band only got paid once for the sale. Today, Metallica is cleaning up, as fans are streaming their tracks over and over again. They are getting paid continuously. And right now payments are low, but they will grow as more people subscribe. And if we are listening to our favourites music, they will get paid forever.

So it all comes down to listens and good songs have a long listening life, a long time to make money.

And it’s always been about good songs.

Metallica did not break big until “Enter Sandman” crossed over. Twisted Sister did not break big until “We’re Not Gonna Take It” crossed over.

We all want more if the artists are great and the hard truth is that very few are.

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

Guess What: Not A Lot Has Changed

“In 1981, there was a crackdown after the big payola scandal of the late 70s. Right at the beginning of the 80s, the record companies were being safe. They were not handing out advances. They would advance your recording budget, but that was it.”
Brian Forsythe – Kix

So what has changed in 2015.

The record labels are still being safe and with recording costs so low, the recording budget is even lower.

Yeah, of course, we all know that the record labels had a massive boom that started with “Thriller” in 1984 and that allowed them to take more risks. And for some reason it looks like musicians and the labels are only looking at the boom when they compare now vs then. Typical revisionist history.

“None of us knew what we were doing. We were just so excited to have a record deal. There are writer’s royalties, and the mechanical royalties that go to the band. The record company gets paid back through the mechanical until the bill (advancement) is paid off. Donnie was the main songwriter, so he was still getting his (writers) money. By the time we got to “Blow My Fuse” – our biggest selling record – we were two million dollars in debt.” 
Brian Forsythe – Kix

Even in the era of information, with everything is at our fingertips, artists are still unaware of their entitlements. And when they do find out, it is the crux of every argument. Especially between band members because every band has a person that just writes better songs than the others at certain points of time, or in some cases always. Kix’s bass player Donnie Purdell, was another Nikki Sixx. He was crucial to Kix.

It should act as no surprise to anyone that bands in the Seventies, Eighties or Nineties, ended up with such large debts to the label. That is the label creative accounting machine at its best. And the shameful part of it all is that current musicians still look at the past to gauge what success means in 2015.

“Go pull up the sales for 1985, 1986 for heavy metal bands. I guarantee you it’s ten times what it is now. That doesn’t mean there’s ten times less fans — in fact, I think there’s more heavy metal fans now than possibly there ever was. But the bottom line is the numbers show that metal bands are not selling what they did back in the day, and that’s because of Internet piracy. I don’t wanna get on that subject, because it always turns into a depressing, negative subject, but it is a fact. So the answer to the question, ‘Would that record sell more in 1985?’ I would say the answer would be yes.”
Shawn Drover – Act of Defiance

Shawn Drover, wishes it was 1985 and 1986 because for some reason, he believes that he will have more money in his pocket and if his new band “Act Of Defiance” sold a million copies of an album, they would be mega rich and popular. Brian Forsythe from Kix, lived that period and ended up with a $2 million debt, even though they had albums that sold in excess of a million.

And guess what venues they are playing right now?

Clubs and theaters.

Dokken albums achieved Platinum awards and the band today plays clubs and theaters. Stryper and Ratt albums achieved Platinum awards and the bands today play clubs and theaters.

A sale of a record never equaled a fan. It’s the usual comparison between;

  • a person that purchased a record, heard it once and hated it
    vs
  • a person that purchased a record, heard it, loved it and listened to it every day
    vs
  • a person that purchased a record, heard the popular songs and then moved on to whatever else was popular

So why do artists still see sales as important today?

Metal and rock artists still sell. There is no doubt about that. Especially the ones that connect with audiences. But sales is not the only stat that artists should be basing their careers on.

With all of the streaming services out there, the most important stat is how many listens an artist is getting and in which cities they are getting those listens.

The second most important stat is how many illegal P2P downloads an artist is getting and in which cities they are getting these illegal downloads. These listeners/downloaders need to be monetized in different ways.

Otherwise if you are an artist and you are waiting for profits to come in from recorded music sales, then you need to change your business model.

“I’ve never seen a check. Donnie probably still gets writer’s royalty checks. The rest of the money is going back to the record company. Donnie was such a better songwriter. For every 20 songs he would write, I would write one. We were working on his songs all the time and we never even had time to write our own stuff. Back in the early days I may have gotten a couple checks. The biggest one was maybe $350. One time I remember getting one for $1.99. I could count the amount of checks I’ve received on one hand.”
Brian Forsythe – Kix

Remember all of the stories that have come out over the last five years from artists complaining about their low royalty payouts from streaming services. Guess that in 30 years nothing much has really changed. For the small amount of 1% artists that have broken through to mega status, it’s all good.

For the rest, it is still the same story.

“The standard stat given is that 90% of major label deals “fail.” That does not mean they are not profitable for the label. The way RIAA accounting works, the labels can make out like a bandit on many of those record deals, while the artist gets hung out to dry.”
Mike Masnick, Techdirt

Nothing has changed on that front, even with the rise of the internet, Napster, P2P illegal downloading and so forth. The 90% stat was relevant even in the golden years of recorded music sales and it is still relevant now.

“We never expected to get rich, but we certainly didn’t expect to be millions of dollars in debt.”
Jared Leto – Thirty Seconds To Mars

No artist expects to get rich. The need to create is the calling card. However, when they start making money and they see the recording executives living it up while the actual creators are not, then money becomes an important conversation point.

The recording industry has always been known for its creative accounting.

Remember when Tom Petty declared himself bankrupt to get out of a recording contract because he had no money to show after two very successful albums in the seventies.

It all goes against what Gene Simmons said about rock music in general being murdered due to internet piracy. It’s a very narrow-minded and hostile view to have to all of the change that has happened in music. It also mimics, the view that the record labels have held.

A hostile one.

However as Tim Westergren, the Chief Strategy Officer – Pandora (until last year) states;

“I think we’re moving out of an era where the music industry is looking for enemies and into one where it’s now looking for allies.”

The record labels have been dragged kicking and screaming into cassettes, mp3’s and then streaming. Guess what happened. It increased their bottom line on all occassions. Guess that not much has changed in the era of change when it comes to record label abuses.

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A to Z of Making It, Copyright, Music, Piracy, Unsung Heroes

Keep On Selling In A Free World

Five Finger Death Punch moved 119,000 units of their new album “Got Your Six”. 114,000 of those units are pure album sales and it a time of free, it even surpassed the 112,000 opening sales week of 2013’s “The Wrong Side Of Heaven And The Righteous Side Of Hell: Volume 1”.

In the U.S, Iron Maiden moved 75,000 of their “The Book Of Souls” album and in a time of free, it is Iron Maiden’s best sales week since Nielsen Music began measuring sales in 1991. It even surpassed 2010’s “The Final Frontier” sales by 12,000 units. Again in a time of free, you would expect a sales decline to happen.

In the U.K, Iron Maiden moved over 60,000 units and Five Finger Death Punch also landed in the Top 10.

In Australia, we know that Iron Maiden came in a Number 2 and Five Finger Death Punch at Number 3.

Both of the above bands have had their BEST SALES week for these latest releases. Especially in the U.S market. For Iron Maiden, it is their best sales week since 1991. Consider that. Piracy was at an all-time low in 1991 however in 2015, when piracy is meant to be at an all time high, bands sell more than before in opening weeks.

But it’s not always like that.

Disturbed’s “Immortalized” sold 98,000 total copies. If you compare these sales with 2002, when their second album “Believe” sold 284,000 copies you can see a steep decline in first week sales.

2005’s “Ten Thousand Fists” sold 239,000 copies, 2008’s “Indestructible” sold 253,000 copies and 2010’s “Asylum” sold 179,000 copies. On the same week that Disturbed made their comeback, Swedish metal act Ghost had opening week sales of 29,000 units of their second album “Meliora”

So what does all of the above tell us?

Has anyone seen the latest MTV Video Music Awards?

How many metal and hard rock bands got mentioned

If you are an artist in 2015, there is no use comparing 2015 to 1985.

Shawn Drover can complain all he wants.

The truth is, no one really cares about his new act “Act Of Defiance” first album at this point in time.

What the above data shows me, is that the music business is not all about the first album. It is about what comes after the first album. Remember, “Kill Em All” from Metallica had a life span of about nine months, before Metallica was back in the studio recording “Ride The Lightning”. That album also had a nine month life span before Metallica was back in the studio to record “Master of Puppets”.

There is no doubt that internet piracy has affected every genre, especially the metal and hard rock genre.

Does that mean that there is no money in music?

Of course not.

Publishing agency, BMI raked in $1.013 billion dollars for the financial year. ASCAP, also raked in $1.001 billion. This is money, earned by agencies for licensing out artists songs to radio, TV, streaming services and other platforms. And the reason for this big boom is;

  • Music streaming

But with everything corporate, the payouts to artists comes after both BMI and ASCAP subtract their operating expenses and other creative expenses from the revenue. This is what happens when you have a monopoly on music licensing. You abuse it.

BMI actually paid $877 million to its thousands of members, including songwriters like Dave Grohl, Linkin Park, Nickelback and Evanescence. ASCAP on the other hand paid its members $883 million.

What about that?

ASCAP had less revenue than BMI but paid out more. Regardless, when you add the expenses that both organisations kept, that is another $600 million kept away from artists.

But BMI blamed their legal fight against Pandora for the reduced payouts?

And certain artists have jumped on the bandwagon to criticise Pandora. But so many are clueless to the work that Pandora has done to help the recording industry and the music industry at large. They have 80 million listeners.

But did you know that Five Finger Death Punch partnered with Pandora to launch their album “Got Your Six”. Mumford and Sons, partnered with Pandora for a live stream of a concert. Jack White did the same. All of these partnerships led to Pandora increasing their fan base and the artists increasing their exposure and sales.

Pandora put on 79 live events last year and this year it’s expected to rise to 120.

This is on top of Pandora paying out half its revenue to SoundExchange in licensing fees, which in turn has ensured that the company is in a loss position. Other countries are not that quick to embrace Pandora, because to date, the service only operates in the U.S., Australia and New Zealand.

Which is silly.

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

The New Music Labels

There are a lot of discussions happening around the film industry.

For example, would the new Star Wars movie be better served as a HBO/AMC/NETFLIX/etc TV Series?

Instead of a two-hour movie for Episode 7, would it serve the Star Wars story line better if it followed the Game Of Thrones formula and produced ten 1 hour episodes.

Two hours vs Ten Hours.

What would the customers want?

In relation to music, Napster pretty much showed the recording industry what customers want. More single songs than a slab of songs.

It’s pretty obvious that CD’s are not making a comeback. Yes, they are still selling, however so is vinyl. Both niche markets for the time being. The majority of the listeners have moved to streaming services, digital downloads, YouTube or P2P downloading. Whatever the method used to consume music, access is the key word.

Do we want to watch a movie in our home theatres or do we want to put up with dirty Cinema’s, people talking and deciding that the movie experience was the perfect time for them to have a Subway Roll, Satay Chicken from the Thai restaurant next door or some other kind of lunch/dinner.

What people want is instant access. But the content providers would rather sell 5 movie tickets ONCE to my family than get a percentage cut from a monthly license fee from a streaming service over and over and over and over again.

The content providers would rather sell my family ONE Blu-Ray/DVD than get a percentage cut from a monthly license fee from a streaming service over and over and over and over again.

I was talking to me kids about a movie called “Who’s Harry Crumb?” a few days ago. It got them excited to watch it. So i pulled up Netflix, searched for it and it is not there.

Bummer.

Did I got out and buy a copy of it?

Of course not. We just moved on to another movie, which in this case was “The Replacements”.

Same deal with music.

The best emails I get are the ones from Spotify when they tell me a certain album from the bands I follow is available for streaming;

In the last week, those emails have covered the following releases;

  • Survival by TesseracT
  • The Book Of Souls by Iron Maiden
  • Got Your Six by Five Finger Death Punch
  • Life, Love, Loss by Degreed
  • Here To Mars by Coheed and Cambria
  • Love, Fear and the Time Machine by Riverside

I remember the old days when we all rushed to the record store or to the cinema so we could purchase the latest music or watch the latest movie just to be part of the conversation. Why would I want those days back again.

Change is happening quicker than ever before.

We went from Napster to iTunes to YouTube to Spotify. We went from MySpace to Facebook to Twitter and back to Facebook. The major labels have withered down to three. The movie studios are doing the same.

Watch out for television to do the same. Funny thing to note, is that the channels leading the way, are channels that originally started off licensing movies from the Hollywood studios. HBO, AMC, Showtime and Netflix found out that original programming is where it’s at. Create a show that connects and watch it become part of the cultural conversation. Amazon is now involved and Apple is due to enter this market.

So what does this have to do with music and artists?

Expect Spotify to lead the way and start signing up artists because even though artists can cut a record without a major label or corporation behind them, they cannot be heard without the help of the label machine. There is a lot of money in music if you control the copyrights of artists you break through. Spotify can break an artist, they just need to start signing them and developing them.

It’s just a shame that the power players in music would rather spend their resources and monies to shut down illegal music websites through the Courts while websites controlled by terrorist like ISIS are allowed to operate. It’s a shame that the power players in music have had to be dragged kicking and screaming into the new digital world post Napster.

Especially when illegal music websites have allowed fans of certain styles of music to access bands they never could before. Metallica and Iron Maiden are two examples of illegal music websites growing their fan bases in countries where they sold no physical product.

So what did these bands do with that high rate of P2P piracy?

They toured those countries.

Being an artist is a business and making money in a business is hard.

The good thing for musicians today, is that all of the craziness that happened since Napster is all over. Musicians now know what the recording industry looks like and how it all hangs together within the music industry. In my view, the current ecosystem would remain stable for the next 50 years or so.

The big change that would happen is when technology companies like Spotify, Apple, Pandora, Google and Samsung get into signing and developing new artists. When these techies become like labels they will be powerful. Because of the data which they will have and control. Will the record labels then start to litigate against these techies.

Once these companies become like labels, expect them to enter the live arena as promoters. Apple and Spotify are both involved in the festivals scene.

Times they are a changing.

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

It’s “2015 Chaos AD” and People Are Seeking Filters

A common question today is “How do musicians make money?”

Depending on which side of the argument you are, you either focus on the positives of today’s music market or on the negatives of today’s music market. Artists like Paul Stanley, Yngwie Malmsteen, Joe Perry, Scott Ian, Gene Simmons and Kirk Hammett focus on the headlines that read;

  • Album sales are down
  • iTunes single downloads are down
  • Streaming services are decimating artists incomes
  • Technology and the internet has killed the rock star

But it’s not gloom and doom. The old ways are not coming back. You don’t see people going back to dial up internet, three TV channels and landline telephones. So why do you expect them to start buying albums again on vinyl and plastic.

So what do artists do?

Well you can complain like others for the old ways to come back or you can look at new ways and models to increase your brand and exposure.

In the link, there is a story about Linkin Park. In 2013, they decided that they needed to change their business model to accommodate the changing recorded music market. They restructured their organisation to run like a tech start-up. They parted ways with outside management and brought everything in-house

Prior to that they released music consistently, did video games, art and they licensed their grassroots marketing service to other bands, film studios, TV stations and brands.

They studied other successful artists who diversified. They studied other brands from different markets. They formed a new strategy where creating and selling music plays a supporting role instead of being the main role.

So what about someone just starting off?

A lot of people would say “Linkin Park is huge so they have the power to do things differently.” Read the article. Everything that they have going for them started with the team that was assembled to pack and send CD’s before they made it big.

For anyone starting off, the product is first. If you have no product, you have no publicity. And publicity comes from word of mouth. It’s 2015 Chaos AD and people are seeking filters. And the cold hard truth is that in order to be heard above the noise, you still need someone to promote you and your product.

I remember reading an article about word of mouth and it stated that Google, Facebook and Amazon grew because of word of mouth. Motley Crue and even Metallica had people spreading the word for them. And people will always listen to their friends.

Look at “Phish”. Their business thrives without any media attention and their career is decades deep.

And for the ones whinging about streaming profits, the goal is to get people to stream for years. Instant payola is gone.

There is another story over at the Times called “The Creative Apocalypse That Wasn’t”.

The article states, creative artists are thriving “in complicated and unexpected ways.”

Remember the words of Lars Ulrich on July 11, 2000, in front of the Senate Judiciary Committee,

‘‘We typically employ a record producer, recording engineers, programmers, assistants and, occasionally, other musicians. We rent time for months at recording studios, which are owned by small-­business men who have risked their own capital to buy, maintain and constantly upgrade very expensive equipment and facilities. Our record releases are supported by hundreds of record companies’ employees and provide programming for numerous radio and television stations. … It’s clear, then, that if music is free for downloading, the music industry is not viable. All the jobs I just talked about will be lost, and the diverse voices of the artists will disappear.’’

So 15 years have passed.

Have artists disappeared? NO

Has the music industry died? NO

But what we have are artists using a business model from the 1950’s. Spend time in a studio, record an albums worth of songs and release it. Hope that it penetrates the market and you go on a continuous victory lap celebrating the fact.

Look at any band in the history of music and they all have the definitive crossover album.

Bon Jovi has “Slippery When Wet”, Led Zeppelin has “IV”, Metallica has the “Black” album, Motley Crue has “Dr Feelgood”, Judas Priest has “Screaming For Vengeance”, Eagles have “Hotel California”, AC/DC has “Back In Black”, Kiss has “Destroyer”, Poison has “Open Up and Say Ahh..” and so on. You get the hint.

What we do know is that any record that gains traction will last longer than ever before in the current climate.

Metallica spent close to 18 months on the “Black” album and over a million dollars on it. Depending on which side of the debate you are on, it was either totally worth it or not worth it. From a band perspective, it was totally worth it. The “Black” album explosion also increased awareness in their back catalogue, which if you read my posts, you will note that even in 2015, “Master Of Puppets” is outselling the “Black” album.

But do the fans of 205 want their favourite artists to spend so much time out of the market?

While artists complain about technology changing their income streams from sales of recorded music, they seem to forget that technology has also changed the cost of recording an album/song?

If your main gig is to write songs for others, then we will be hearing your depressing stories in the press, unless you’re a Max Martin. However, if you like to play live, then the new world is for you. It’s simply economics. Recorded music is a product and performing live is also a product. Once upon a time both products were limited. Now recorded music is in infinite supply and live music is still limited. So when one product experiences a price decline, the other product which is limited, experiences an increase.

We don’t care about the corporations when it comes to music. We care about the music and the artist?

And it is unfortunate that the corporations attached the sales metric of record music as f fans caring for artists. So of course, if sales are reduced and music is illegally obtained, the same corporations with some dumb artists toe the line that fans don’t care. However, the fans do care, they just show it in different ways. But the same corporations don’t know how to make sense of the data and the artists are too poor or too far down the chain to obtain any substantial data.

Maybe that is why the direct to fan relationship has become such a focus lately. It means a leaner artist with less handlers. As the Times article states, more people are involved in music today than the glory years of the Nineties.

They are just doing it very different to what artists of yesteryear did.

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

INTERESTING: In A World Of Free, Metal and Rock Music Still Continues To Sell

There is a great article over at the Metal Insider website.

If you are too lazy to click on the link, the article covers the biggest selling metal and rock albums for 2015.

From the results, it’s pretty obvious that metal and rock fans like to purchase music. There is still a collectors mindset there. What’s even more fascinating is that a lot of the albums that have sold a decent amount in 2015 were not even released in 2015.

NOTE: The figures are based on U.S sales.

“Master of Puppets” was released in 1986 and in 2015 it sold 107,800 units. The self-titled “Metallica” album released in 1991 has sold another 77,100 units in 2015. It is well on its way to 17 million units sold in total.

Now think about for a second.

All of Metallica’s music is available on streaming services for paid subscriptions and for free. All of their music is available for downloading via legal options and illegal options. And they still continue to sell.

A band’s longevity is based around the need to replenish their fan base year after year. If you are not doing that then expect to play smaller venues. Dokken and Ratt are two bands that come to mind who haven’t replenished their fan bases from the Eighties. Both bands in the Eighties had platinum sales and played arenas. Today, they have almost no sales and play clubs.  Of course, not having the main creative forces in the current version of the band plays a part, however, even if Lynch and Pilson or Pearcy and Croucier did rejoin Dokken and Ratt respectively, it doesn’t mean that millions of people would be interested.

Metallica,  however is doing a good job at replenishing their fan base based on their selected live performances in new markets and in markets that have high rates of piracy.  They basically have a whole new generation of music fans who more or less consumed the music of Metallica for free and in most cases illegally. However, that still hasn’t stopped them from selling music and concert tickets.

As business people, the move to their own label “Blackened Recordings” was a no-brainer.

The record is how it all starts. It hooks the audience in. Anyone born in the Nineties, will know Metallica as the conformist poster artist for the labels in the Napster case. Anyone born in the Seventies and early Eighties know Metallica as a non-conformist band that pushed boundaries.

The whole Napster kerfuffle in the end just showed why it was not a good idea for Metallica to get in the way of people experiencing their music. However, they have learnt that by making their music available everywhere, they see better returns in other areas.

As an artist, it is a privilege for people to listen to your music. Respect that.

“Back In Black” from AC/DC was released in 1980. In 2015 so far, it has sold 110,000 units in the U.S.  The new album, “Rock Or Bust”, released in 2014, has sold 143,400 units in 2015.  Put it down to the band being on the road and building awareness of the new album. It just goes to show that the blanket marketing campaigns before the album release date, the Grammy appearance and all of the other medical issues/jail issues in the media meant nothing in 2015.

You see, when the music eco system was controlled by the record labels, the marketing blitz by the labels meant something. In 2015, it means nothing.

From the 2015 releases, Breaking Benjamin’s “Dark Before Dawn” has sold 209,000 units so far, Marilyn Manson’s “The Pale Emperor” has sold 124,200 units so far and Halestorm’s “Into The Wild Life” has sold 114,500 units so far.

From the 2014 releases, Foo Fighters “Sonic Highways” album has sold 87,800 in 2015, for total sales in 480,000 so far. Slipknot’s “5: The Gray Chapter” has sold 84,000 units in 2015, for total sales of 344,000 units. Nickelback’s “No Fixed Address” album has sold 101,000 units in 2015. Like the Foo Fighters it is approaching Gold status.

Led Zeppelin continues to be a selling machine, so why would they create new music when Copyright grants them and the owners of their songs, rights for the next 110 years to exploit the works.

In case you are wondering “Led Zeppelin 4” sold 75,000 units and “Physical Graffiti” sold 112,400 units in 2015.

Kid Rock’s debut “Devil Without A Cause” is still selling. For 2015 alone, it has moved 86,000 units. Add that to the other 10 million units it has sold so far.

So what is all of the above telling us.

Eventually people will pay, however if a piece of music that people want to check out is not available for free, they will turn away until it becomes convenient. Don’t expect people to pay just because you want them too.

And for all of those critics saying the new bands cannot attain the same level of success as their Seventies and Eighties counterparts, well have a look at some other stats.

 

As influential as Black Sabbath was to metal music, they are being outsold by Linkin Park, Korn and even Limp Bizkit.

Also for all of Gene Simmons and Paul Stanley’s comments about rock being dead because no one is buying recorded music, well, Kiss has never really been a big seller of recorded music anyway. Their 21 million is pretty tame compared to Metallica’s 62 million. In the end, the live show is where it’s at. Deliver there and make that show a cultural event, the sky is the limit.

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

The Same Piracy Issues That Affect Metal Bands Affect Other Genres As Well

I’m over the “whole rock is dead” stories, the “copyright infringement is stealing” stories or “because of the internet/piracy no new artists will come out and be as big as the artists that came before them” stories.

First, let’s look at artists that are not in the metal/rock arena that have faced the same struggles/issues as metal/rock artists.

“The Script” is a pop rock band from Ireland. Their first album came out in 2008, when internet piracy on music was at extreme highs. It had Platinum certifications in Europe, Ireland, UK and Australia.

The second album “Science and Faith” came out in 2010 and it also had Platinum certifications in Ireland, UK and Australia.

Album number three, titled “3” came out in 2012 and it had Platinum certifications in Ireland and the UK, with Gold certifications in Australia and Philippines.

The fourth album “No Sound Without Silence” released in 2014 has Platinum certifications for UK and New Zealand with a Gold certification for Australia.

So the albums haven’t sold millions upon millions. They have no RIAA certifications for sales in the U.S, however their singles have;

Their main song, “Hall Of Fame”, released in August 2012, was certified 2x Platinum in June 2013. Their new song “Superheroes” was certified Gold in March 2015. The song “The Man Who Can’t Be Moved” released in 2008, was certified Platinum is May 2013. The song “Nothing” released in January 2011 was certified Gold in December 2011. The song “Breakeven” released in March 2009 was certified 2x Platinum in May 2011. The song “For The First Time” released in January 2011 was certified Platinum in July 2013.

The statistics to me are saying that the songs are more important than the whole album package. And guess what, it’s always been that way, even in the heyday of the Seventies, Eighties and Nineties.

To continue, they also played the “O2 Arena” in London on March 13 and 14.

They sold 32,404 tickets from the 35,167 tickets available. A ticket for the concert was either $US52.57 or $US41.07. The total gross earnings of these two shows for the promoter SJM Concerts was $1,670,320US.

You see the same issues that affect metal and rock musicians, affect The Script. However that didn’t stop them from making a lot of money for their record label from recorded music and to have gross concert sales of over a million dollars.

Florida Georgia Line is a country duo that formed in 2010. In 2012, “Here’s to the Good Times” came out. The album has sold over 2 million copies in the U.S for a double Platinum certification. In 2014, “Anything Goes” came out. That album has sold over 715,000 copies in the US and it already has a Gold certification.

But the interesting part is the song certifications.

The song “Cruise” released in April 2012 was certified 9x Platinum in January 2015. The song “This Is How We Roll” released in December 2012, was certified 3 x Platinum in February 2015. The song “Round Here” released in December 2012, was certified 2 x Platinum in June 2015. The song “Dirt” released in July 2014, was certified 2 x Platinum in April 2015. The song “Get Your Shine On” released in December 2012, was certified 2 x Platinum in September 2014. The song “Here’s To The Good Times” released in December 2012, was certified 2 x Platinum in July 2014. The song “Stay” released in December 2014, was certified Platinum in March 2015.

The songs “Sippin’ On Fire”, “Sun Daze” and “Anything Goes” all released with the album in October 2014, were certified Gold by June 2015, January 2015 and December 2014 respectively.

Like “The Script”, the statistics to me are saying that the songs are more important than the whole album package. It’s always been that way, even in the heyday of the Seventies, Eighties and Nineties.

To continue, they played the Florida Credit Union Amphitheatre in Tampa on May 29, 2015. They sold 18,135 tickets from the 19,239 tickets available. A ticket for the concert was either $59.75 or $25. The total gross earnings of the show for the promoter Live Nation was $693,231

You see the same issues that affect metal and rock musicians, affect Florida Georgia Line. However that didn’t stop them from making a lot of money for their record label from recorded music and to have gross concert sales of over a million dollars.

Meanwhile, Halestorm played a sold out show in Anaheim, California on June 5, 2015. 1704 tickets got sold. A ticket costed $25. Halestorm have no certifications however they are consistent sellers for their label. They have a niche audience and haven’t crossed over yet.

A lot of sales in the Eighties for metal and rock acts were driving because all of the artists crossed over into the Mainstream during that time.

Now, metal and rock acts are back in their niches. This time around a certain elitism is also attached to these niches. It’s not the internet’s fault, or P2P piracy’s fault.

One of the biggest critics of P2P downloading is Scott Ian from Anthrax. Well, lucky for Scott Ian and Anthrax, they keep on getting put on tours as openers.

Let’s look at some Boxscore returns from Volbeat’s recent run of live shows in the U.S;

Volbeat, Anthrax, Crobot
Rushmore Plaza Civic Center Rapid City, S.D. April 25, 2015
GROSS: $127,645
TIX SALES: 3,236 / 5,000

Volbeat, Anthrax, Crobot
Spokane Arena Spokane, Wash. April 27, 2015
GROSS: $97,806
TIX SALES: 2,500 / 5,000

Volbeat, Anthrax, Crobot
Adams Center Missoula, Mont. April 28, 2015
GROSS: $92,407
TIX SALES: 2,355 / 5,000

Volbeat, Anthrax, Crobot
WaMu Theater Seattle, Wash. April 29, 2015
GROSS:$126,936
TIX SALES: 3,256 / 5,000

Volbeat, Anthrax, Crobot Brandt Centre Regina, Saskatchewan May 6, 2015
GROSS:$115,055
TIX SALES: 2,824 / 5,000

Volbeat, Anthrax, Crobot, Three Days Grace, In This Moment
Alliant Energy Center Madison, Wis. May 10, 2015
GROSS:$110,929
TIX SALES: 2,947 / 5,000

Volbeat, Anthrax, Crobot
General Motors Centre Oshawa, Ontario May 12, 2015
GROSS:$81,242
TIX SALES: 2,023 / 2,776

Volbeat, Anthrax, Crobot
TD Place Arena Ottawa, Ontario May 13, 2015
GROSS:$76,721
TIX SALES: 1,763 / 5,000

Volbeat, Anthrax, Crobot
Cepsum Montreal, Quebec May 15, 2015
GROSS:$80,565
TIX SALES: 1,946 / 5,000

Volbeat, Anthrax, Crobot
Dow Event Center Arena Saginaw, Mich. May 18, 2015
GROSS:$88,034
TIX SALES: 2,224 / 5,000

Volbeat, Anthrax, Crobot
Ford Center Evansville, Ind. May 19, 2015
GROSS:$71,715
TIX SALES: 1,832 / 3,500

Volbeat, Anthrax, Crobot
Aragon Ballroom Chicago, Ill. May 20, 2015
GROSS:$88,524
TIX SALES: 2,229 / 4,745

Volbeat, Anthrax, Crobot
Tyson Events Center Sioux City, Iowa May 22, 2015
GROSS:$76,990
TIX SALES: 1,973 / 5,000

Volbeat, Anthrax, Crobot
Verizon Theatre Grand Prairie, Texas May 27, 2015
GROSS:$71,636
TIX SALES: 1,827 / 3,697

Volbeat, Anthrax, Crobot
Bayou Music Center Houston, Texas May 28, 2015
GROSS:$79,474
TIX SALES: 2,012 / 3,304

Volbeat, Anthrax, Crobot
Pop’s Sauget, Ill. May 31, 2015
GROSS:$68,996
TIX SALES: 1,802 / 3,500

The truth is, any metal band in 2015 is in a niche market.

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

In Copyright Corporations Trust

I have a Google Alert set up called “Copyright Music”. Each day, I get five to ten alerts about Copyright stories.

Let’s not kid ourselves about Copyright in 2015. It is a monopoly that is controlled by greedy corporations who contribute nothing of value to the public domain or to the music industry.

A lost Beatles concert film from February 1964 (51 years ago) has been stopped from getting released because Sony and Apple Corps (The Beatles label) took the film makers to court screaming copyright breaches.

The breach is due to the film containing eight songs out of twelve that are still under Copyright.

So who is Copyright benefiting here?

You need to remember that it was due to a lack of copyright on standard blues and folk classics that benefited the British Rock invasion in the Sixties and Seventies. I can tell you that between 1955 and 1975, no song recorded 51 years ago, in other words from 1904 to 1924 was still under copyright. And look at the music we got.

It is due to copyrights expiring that we have a song from the 19th-century by a little known guitarist called Francisco Tartego now known as “The ‘Nokia tune”.

Who knew back in the 19th century that when he wrote the song called “Gran Vals” would end up being one of the most-played songs in music history.

So what we have here is a situation where corporations who hold the copyrights to old songs, fighting tooth and nail to keep these copyrights. And these greedy corporations are changing laws to suit their business models.

Copyright exists to create incentives for artists to make new works. Extending the rights for recordings made in the 1970s and earlier doesn’t encourage new music. At best, it might generate some income for the small number of “oldies” labels and rights holders whose recordings still have commercial value.

There is no greater Copyright sin than the case against Men At Work. The band lost a court case in 2010 because a judge found that a 10 second flute riff in the 1981 song “Down Under” copied parts of a song called “Kookaburra Sits in the Old Gumtree” from 1934.

As the article states;

“Kookaburra is a simple, four-bar tune. Men at Work were found liable for copying two of these bars. The Court found that this copying was sufficient to award Larrikin Music Publishing – the current owners of Kookaburra Sits in the Old Gumtree – 5% of Down Under’s royalties from 2002 onwards.”

The disconnect here is that people/company who didn’t even write the song “Kookaburra Sits In The Old Gumtree” suing the Men At Work writers almost 30 years after the release of their song and 67 years after the “Kookaburra” song was released.

So who is Copyright benefiting here?

Remember copyright is designed to promote creativity. The writer of the song has passed away. On death, all copyright used to cease and the works would fall into the Public Domain. It hasn’t been that way for at least 60 years.

Led Zeppelin who are no strangers to infringement lawsuits have another one on their hands, albeit 43 years later from when “Stairway To Heaven” was released.

Expect Metallica to cop a few lawsuits in the future once the copyrights to some obscure NWOBHM songs end up with Corporations. Just think of the songs “Welcome Home” and “Enter Sandman”. If i was Metallica Inc, I would be the ones purchasing the rights to the NWOBHM songs they copied otherwise a lawsuit will eventuate.

If you need further evidence about how important Copyright is to corporations (instead of artists) look no further than the donations these corporations give to politicians.

Since Copyright became a financial windfall for the Corporations that hold the rights to songs, we have those same corporate entities via their lobby groups donating to political parties in the name of Copyright.

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