Category Archives: Piracy

Copyright, Music, My Stories, Piracy, Stupidity, Unsung Heroes

Rock/Metal Quotes

“Our first deal, for example, was for five records, so there was development there. They looked at it as: ‘Let’s invest in these first two records, and if nothing happens, no big deal. Maybe the third record will be the turning point, and then four and five we’re on the gravy train.’ I think that was the record company’s perspective.”
Alex Lifeson. RUSH

It was always the fan that had the power. Fans invest in the artist. It never mattered what the record company thought or believed as it was the fan who decided if the piece of vinyl was worth their money. The labels had the gatekeeping power to decide who got to a recording studio or who didn’t. And they used that power wisely to accumulate artists’ copyrights.

“If we were to release those same three records now: Fly By Night – the record company would’ve gone, ‘Okay, let’s hang on.’ With Caress of Steel, they would’ve dropped us right away, because it was a commercially unsuccessful record, but we needed to make that record to make 2112. So there would be no 2112 for Rush in 2015. I’d go back to plumbing or some other job. That just doesn’t exist now, whereas back then, as nervous as they were, they still were there to support us.”
Alex Lifeson. RUSH

The labels did not support the artist. They supported a copyright monopoly. Their accountants knew very early on that holding the copyrights for songs would be a big financial winner for them in the future. The labels have used their accumulated copyrights as leverage to negotiate licence fees with Apple Music, Pandora, Spotify, Deezer and all of the other streaming services.

To prove my point, let’s look at an Italian hard rock/metal label called Frontiers Records. Look at the albums they have released, especially in the last five years. You will see a trend of certain artists, re-recording their best songs from the Eighties and Seventies and putting these recorded versions under a new Copyright. Frontiers will pay the artist for their work, and they keep the copyrights of these forgeries for a very long time.

Who is the winner here?

The artist or the record label.

“For new bands, everybody makes CDs. Years ago, nobody had CDs. You had to have a record deal. Everybody’s got it [now]. And there’s so much competition. The Internet is good in a way to get your stuff out there, but the whole music industry is wrecked.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

“For me, it’s an interesting dichotomy. Because, on one hand, you’ve got people who are streaming, but then they use that to decide whether or not they wanna buy the album, as opposed to illegal downloading. But then there’s the other side of it where people are kind of using it as, basically, satellite radio, where it’s, like, ‘I’m just gonna listen to this.’ But people still pay a subscription for it. So, in one way or another, the economy is still working. It’s just that… We can’t catch up with the technology; that’s the problem. There’s so many innovations that the powers that be can’t figure out… they can’t get ahead of it.”
Corey Taylor. SLIPKNOT/STONE SOUR

The gatekeepers are no more. It’s an open market and simple economics rule. Supply vs Demand. Music at the moment is in huge supply and the demand from the fans is spread thin.

For example, in the next three months there are about 40 albums that I am interested in listening too.

For August, I am looking forward to Soulfly’s “Archangel”, Bon Jovi’s “Burning Bridges”, Disturbed’s “Immortalized”, Pop Evil’s “Up”, Five Finger Death Punch’s “Got Your Six”, Fear Factory’s “Genexus”, Bullet for My Valentine’s “Venom”, Act of Defiance’s “Birth and the Burial”, P.O.D.’s “The Awakening”, Motörhead’s “Bad Magic” and Soilwork’s “The Ride Majestic”.

For September, I am looking forward to Shinedown’s new one, Iron Maiden’s “The Book of Souls”, Slayer’s “Repentless” and Atreyu’s “Long Live”.

For October, I am looking forward to Children of Bodom’s “I Worship Chaos”, Collective Soul’s “See What You Started by Continuing”, Coheed and Cambria’s “The Color Before the Sun”, Deftones new one, Queensrÿche’s “Condition Hüman”, Sevendust’s “Kill the Flaw”, Trivium’s “Silence in the Snow”, W.A.S.P.’s “Golgotha” and Stryper’s “Fallen”.

Some I would buy and a lot I would just stream WHEN I HAVE THE TIME.

“All due respect to Mr. Simmons, I think when he talks about rock being dead, I think he talks about the old-school way of album-tour-album-tour-album-tour. That’s just not the way you do it anymore. There’s so many other things and ways to continue the history of this industry, and to continue to be on top. I mean, I’m looking out at headlining Download [festival] in the U.K. [Sarcastically] Yeah, rock is dead. That’s why there’s 85,000 people here at 11:30 at night in a downpour, and nobody left. Yeah, rock’s dead. Yeah.”

Corey Taylor. SLIPKNOT/STONE SOUR

Spot on. Fans of music haven’t disappeared and they haven’t resorted to freemium as the labels or the RIAA would like us to think. Fans still support music and artists in their own way. I purchase CD’s, I stream music, I download music and I go to concerts. The old model of album sales and then a tour is broken. So a new model is required.

“Well, we have such an incredible reaction to [JUDAS PRIEST’s latest album] ‘Redeemer Of Souls’ that really motivated us to crack the whip and get on with making the next record pretty quickly. The clock is ticking, you know. We can’t afford to wait three years, or five years now, to make the record. And especially while we’re having this great, kind of, vibe with the fans and just this massive PRIEST family love fest type of deal. You know, who wants to go home and sit down for a year?”
Rob Halford. JUDAS PRIEST

“Fewer records get sold or streamed, less money is there,” he continued. “You used to sell enough records to not go on tour. In the 90s, you used to make as much money on tour as you would selling records. Now you make one-tenth of that money on records sales or streaming. The biggest problem with the new record business is that I don’t know who the fans are. Fans are the people who will actually pay for something.”
Peter Mensch. MANAGER

They (the recording industry) have to. But probably the best route they should take, I think they’ve been playing catch-up for a long time — they’re constantly trying to readjust and adapt. I think that probably the truth of the matter, the answer is to start from scratch and create a whole new playbook. Build a whole new business plan off of that. I don’t think anybody, at least that I’m aware of, has done that, started with just a blank slate and just started over. I think that’s really what needs to be done. Just level the building and build something brand new.”
Dee Snider. TWISTED SISTER

Fans are people who will actually pay for something when they want to pay. Growing up the Eighties, I had a circle of friends who would wait with blank cassettes for the latest music I purchased. We had a running joke to say “the leeches are in the house”. These fans copied Motley Crue, Iron Maiden, Metallica, Megadeth, Whitesnake, Night Ranger and so many other bands from me. Their whole music collection was dubbed music.

So time goes on, they get older, they get jobs, the internet comes, Napster rises and suddenly they have money to spend. They didn’t start to purchase recorded music, they just downloaded that for free. What they did start to purchase was concert tickets for the bands they liked. When Maiden toured Australia for the “Caught Somewhere Back In Time” tour, they went to the shows in Sydney and Melbourne. I only went to the Sydney shows. When Motley Crue came for the Carnival Of Sins tour they went to the shows around Australia. I only went to the Sydney show. When Metallica came, they went to the shows around Australia, plus the Soundwave shows and so on. When Megadeth came, they went to their shows.

“Because, at the end of the day, it’s about people knowing the music, not owning it.”
Corey Taylor. SLIPKNOT/STONE SOUR

Perfectly said.

“The only thing that’s really been affected is albums sales. Because there’s still just as many rock fans out there as there were, and there’s a whole new generation coming up. I mean, the contracts that you signed back then — even today — you’d have to sell five, six million at a pop to be able to turn a profit. So, for people like me, it wasn’t about making money off the album sales. I mean, it’s be nice, but it wasn’t the essential.”
Corey Taylor. SLIPKNOT/STONE SOUR

“I’m talking about the cost to buy a CD. You can get a brand new record from your favourite band for ten dollars, basically. And even that’s high, ’cause most bands will sell ’em cheaper, especially the first or two the records are out. So, for ten bucks you can get a new record. I mean, it wasn’t that long ago that CDs cost $18.99 at the Virgin Megastore. Records cost half what they used to cost, and people aren’t buying them as much, which is crazy to me. It’s never been cheaper. What more do the people want?”
Scott Ian. ANTHRAX

No one wanted to buy an album. WE WANTED TO LISTEN TO MUSIC. It was unfortunate that the music we wanted to listen to was put on a piece of vinyl or a CD or a cassette and sold at a very high price.

“For me, the album is the calling card. You hope people are hearing the music, but it’s not essential to sell the music, and that’s the thing you kind of have to balance today.”
Corey Taylor. SLIPKNOT/STONE SOUR

“Right now I don’t even know what the music business is. I have no idea. There’s no record stores. We live in Los Angeles, and the radio sucks. It’s better elsewhere. The bands put an album out, and they don’t play it. Then everybody downloads it for free. And it’s a mess. ‘Cause people need to earn money when they play music, just like you go earn money when you go to work. It costs money to make an album. You can’t just give it away for free.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

But it’s not for free. The album that you recorded has been put up on a streaming site. The label that put it up was paid a fee to license the music they have on that streaming site. Speak to your label and re-negotiate. When people listen to your album, 70% of the monies go to your label. Again, speak to your label and re-negotiate.

What is better?

A million streams or a 1000 units in sales. A million streams shows a large audience supporting your product that is waiting to be monetized in other ways.

1000 units in sales shows a 1000 people who purchased your music and then maybe listened to it once or twice or a lot. The problem is the artists don’t know either way if those 1000 units in sales are fans or not.

“Cause people are still buying CDs, but they’re also buying music on iTunes, they’re paying for accounts on Spotify. So it’s not like they’re not hearing the music. So when they come and see the show, and you play a song that is brand new and you get that huge pop, that’s what it’s all about. It’s all about that live show”
Corey Taylor. SLIPKNOT/STONE SOUR

“I understand there’s a thing called the Internet and people have the ability to steal music. So I understand why it’s happening, but you would think that people would just have the attitude, ‘I’m gonna support music, I’m gonna support the bands I love, because if I don’t support this, well, the bands I love aren’t gonna be able to make records anymore and they’re not gonna be able to tour as much anymore.”
Scott Ian. ANTHRAX

Scott Ian is unfortunately stuck in the sales equals success mentality. As Corey Taylor has stated, fans of music support the bands they like in different ways. A typical fan could fit into any of the following combinations;

– Stream for free only
– Stream for free and purchase tickets to a show
– Stream on a paid subscription only
– Stream on a paid subscription only and purchase tickets to a show
– Stream for free and purchase a CD/mp3 only
– Stream for free and purchase a CD/mp3 and purchase tickets to a show
– Stream on a paid subscription and purchase a CD/mp3 only
– Stream on a paid subscription, purchase a CD/mp3 and purchase tickets to a show
– Purchase a CD/mp3 only
– Purchase a CD/mp3 and purchase tickets to a show
– Illegally download for free only
– Illegally download for free and then purchase a CD
– Illegally download for free, purchase a CD and purchase tickets to a show
– Illegally download for free and purchase tickets to a show

“Look, if I was a kid, and it was 1977 and I had a way to get KISS albums for free, I’m pretty sure I probably would have jumped on that bandwagon. But for me to get a free KISS album in 1977 would have meant having the balls to walk into a record store, take a vinyl album, stick it under my shirt and walk out without getting caught. There was a consequence to that. So it’s a completely different thing [today]. There’s no consequence to stealing music online … or anything: movies, or books, or anything.”
Scott Ian. ANTHRAX

Look Scott, when you were a kid, I am sure that you copied an album onto a cassette tape. That is called Copyright Infringement. This is the problem that you face with the internet. People have copied your music and are spreading your music via the Internet. No one has stolen anything. The iTunes mp3 is still available for purchase, the Anthrax albums are still available for streaming and so forth.

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

The Copyright Hijack

“What’s going on right now is a total conspiracy amongst all of the record companies and the music society, ’cause so many of those records, samples were done with no law around it. They took care of each other under the table. They took the money from the rappers, they charged them, told them they was paying me. They were splitting it amongst themselves.”
George Clinton

There is a common music quiz question, “Who wrote “This Land is Your Land”?

Woody Guthrie is credited as the songwriter. However, Guthrie is famous for writing lyrics to melodies of other songs, so in this case, the melody came from a song called “When The Worlds On Fire” by the Carter Family. So in 2004, the holders of Guthrie’s Copyrights, threatened a website with a lawsuit, who more or less did the same thing as Guthrie. They added new lyrics to the same tune.

So who is Copyright benefiting here?

What about the story of “Happy Birthday To You”. In 1893, kindergarten teachers Mildred and Patty Hill, wrote a song called ‘Good Morning to All’ for their students. In the 1920’s, the melody from that song evolved and the lyrics kind of changed to ‘Happy Birthday to You.” The song’s publisher, Summy Co. copyrighted both the songs and in the 80’s Warner/Chappell bought the company. Since then, Warner/Chappell has been collecting approximately $2 million a year in licensing fees for a song that is 100 years old.

So who is Copyright benefiting here?

The best part of Copyright is when government bills extending the terms of copyright. In Jamaica, the copyright term is now 95 years from the death of the author, or 95 years from publication for government and corporate works. What is made worse, is that the term extension, also retroactively went back to January 1962, which meant “that works that have already passed into the public domain in Jamaica are now to be wrenched back out again” and put under Copyright.

So who is Copyright benefiting here?

In all instances, Copyright is benefiting a corporation.

But, wait a minute isn’t copyright meant to benefit the creator and then the public domain.

In the UK, the Government wants people to respect Copyright, so their answer is for the High Courts to make it illegal to rip music off a CD or put DVDs onto hard drives that you legally purchased while streaming services tell us “we don’t want to own content, we just want to access it”.

Meanwhile, when legal services are made available at a price point that agrees with people, something magical happens. Money is made from recorded music.

In the UK, there are on average 500,000,000 streams a week. In one year that figure has doubled. That is a lot of money coming into the recording labels coffers. Do the math!

In Spain streaming payments are proving to be the recording industry’s savior. Isn’t it funny when legal services are made available at a price point that the public likes, piracy becomes obsolete.

So who is Copyright benefiting here?

500 million streams a week is a decent amount of money going to the record labels.

But due to heavy lobbying from the film and music industries, the UK Government plans to raise the online piracy prison sentence to 10 years while artists thank piracy for bringing fans to their concerts.

“I just want people to have access to my music. If there was no piracy, why can I sell out 20,000 people every time in Brazil? Is it because of how many records we sold in the shops? Of course not.”
Dave Guetta

If the above sounds familiar, it should, as a lot of metal artists have said the same thing. Watch Flight 666 and see what the Maiden guys have to say about selling out Costa Rica, India, Mexico and other parts of Central and Southern America. Those ticket sales and merchandise sales came from people who obtained their music illegally.

The best answer to piracy is to accommodate it.

Look back to the book pirates in the 1500s. The printing press (new technology of the time like the Internet) came out in 1440. This led to the Governments of the time to give certain Publishers a monopoly (like Copyright) on printing books. This led to issues between the publishers that didn’t have any rights to print books. So their response was to become pirates.

Eventually, these pirates or idealists started to be accommodated and more legal licenses given to various Publishers. Piracy problem, solved.

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

Freedom With Streaming

I love freedom.

The freedom to live where I want, do want I want and when I want to.

I also love music and I also love to hear music wherever I go and when I want to. Today, there are a lots of ways to hear music.

  • to buy a digital mp3
  • to stream for free
  • to buy a CD
  • to pay for a streaming subscription
  • to illegally download it via P2P

Pre-Napster, the only way to hear the song you liked was to purchase the album or single it came on. Alternative methods involved waiting for the radio to play it and you dub it to cassette or you dub someone else’s original copy onto cassette or CD.

The big difference between then and now is availability. Did you know that Slash also used BitTorrent to release “Live At The Roxy”.

His reasons for it are real simple.

To allow people to access his music from any outlet they desire. He goes to Spotify to consume music and like many others, he still likes to have a physical copy in his hand.

I enjoy my music and I enjoy it a lot, however in the Eighties and early Nineties, I couldn’t enjoy it as much because I simply didn’t have enough money. Thank god that second-hand record shops became big business by the early nineties and it allowed me to purchase a lot of Seventies and Eighties LP’s that I couldn’t afford to purchase before.

Even though the clueless mainstream press always toes the RIAA and Record Label viewpoint that music is in dire straits, I say the opposite.

Look at how much money the labels are making from the various streaming companies who are paying a lot of money to license the labels catalogue. Here is a list of the top eight streaming companies out there;

  • Spotify
  • YouTube
  • Google Play
  • Apple Music
  • Pandora
  • Rdio
  • Deezer
  • JB HiFi (in Australia)

Each of the above companies paid the record labels a high license fee in order to have music on their service. They then pay the record labels (who are the major copyright holders) 70% of their profits for songs streamed. When you take into account that streaming services made over $1 billion in the US last year, 70% of that went to record labels. From the other 30%, the record labels took another cut via their licensing fee system.

Apart from streaming bringing in billions of dollars and putting a massive hole in piracy, it has also changed the way people view sales of music, the charts and every other metric associated with music.

The Top 40 once upon a time was a benchmark for what was popular. The metric used to judge popularity was sales. The view was that if an album or a song got into the Top 40, the artist would go on to become a household name. In 2012, the charts started to include digital sales and streaming. Streaming listens enable songs from the past to re-enter the charts, even though the band or artist who wrote it are retired or have departed this Earth.

Quincy Jones said recently that there is no music industry.

Maybe he meant to say that the record labels are making a lot of money from other avenues, however they are just not passing on those monies back to the artists and the songwriters. Maybe he meant to say that the recording industry does not have a monopoly on music anymore. In the end, the music industry as a whole is very much alive and well.

Quincy Jones also said that artists “can’t get an album out because nobody buys an album anymore.”

Umm, Quincy, or Gene or Paul or Yngwie, no one wanted to buy an album at all. All we wanted to do was to listen to music. Maybe he meant to say that people only want the best, so the concept of an album with a few good songs and a lot of filler is not working in 2015. Maybe he meant to say that instead of a handful of gated releases each week, in 2015, we have thousands upon thousands of albums released.

Quincy Jones said newer online distribution model’s don’t mean anything.

Maybe he meant to say that the newer online distribution models have taken away the record labels gatekeepers. With no filter in check, people are overwhelmed with noise. It’s a good thing and only the best will end up rising to the top. The fact that streaming services bring in over a billion dollars each year means nothing. The problem is the record labels. Those monies are just not getting back to the artists and the songwriters.

Quincy Jones reckons that selling 4.5 million albums today and thinking it is a hit record is a joke as he used to sell 4.5 million records every weekend in the 80’s.

Maybe he meant to say that selling 4.5 million records shows that you have an audience, people who care for you and people who will come and watch you live. The fact that people listen to the music over and over again is irrelevant to Quincy Jones. Yes, Quincy, that’s right, people streaming your music are just as important as selling 4.5 million records a week. Maybe he meant to say that I am so out of touch with what fans want, the only thing I know is sales and sales only.

I know that Quincy is not metal or rock, but his viewpoints echo similar viewpoints from Gene Simmons, Yngwie Malmsteen, Paul Stanley, Scott Ian, Duff McKagan, Kirk Hammett, Joe Perry and Roger Waters. You could easily change the name Quincy Jones above, with Gene Simmons, Yngwie Malmsteen and so forth.

Overall, being a musician is tough. It always has been and always will be. There are no overnight successes. Never have been and never will be. Ignore all the crap and make your own way. There is a lot of money to be made in music and it doesn’t just involve writing and releasing an album.

Remember back in the Seventies and the Eighties. Artists had to conquer their local area first, then their state, then the next state and so forth.

With the internet, artists have a global audience right off the bat. But the need to win fans city by city is still the same.

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

Rockin In The Free World

I’m a great believer that information should be easily obtainable.

Just recently, I heard “Rockin’ in the Free World” again. The last time that I remember hearing that song was on some MTV awards show. It was the one that had Neil Young and Pearl Jam playing it together. Fast forward almost twenty years later and we have a megalomaniac that no one cares about, using the song for a presidential campaign.

If I associate the song with anything that is happening today, it will be about music and how it is free. Back in the nineties it would have had a different meaning.

But let’s look at the title, “Rockin’ In the Free World’.

What does “free world” actually mean these days?

Back in 1989, the free world to me came down to democracy “being free” and communism being “oppressive and restrictive”.

In 2015, Australia, the U.S and the majority of the democratic, free nations, are spying on its citizens for the perceived “greater good”.

In 2015, democratic nations are trying to pass secret bills that the people who voted them in cannot see or know about, however the Corporations that finance their campaigns are allowed to see the bills and ask for changes.

In 2015, democratic nations are imprisoning whistle-blowers who expose their secrets, labelling them as terrorists and dissenters.

In 2015, our courts of justice are overrun with requests for the courts to approve the handover of personal information to the ones who pay the most.

In 2015, copyright is used to suppress free speech.  If you don’t believe me, a court in France has ruled that a magazine violated copyright law.

What did the magazine do that was so bad?

They had an article that showed people how to access illegal sources of music and movie content online.

Isn’t it funny how on the one hand, the “free world” that we know has become restrictive and oppressive while on the other hand, a lot of the information or content that was once restricted, is now free because of people sharing.

People are sharing because they are infringing on a restrictive law called copyright. And the response by the industries affected is to pay politicians a lot of money to write and pass even more restrictive laws.

Even when technology companies like Spotify and Netflix or the pirate sites themselves show our governments that giving customers what they want is better than restrictive legislation, what do our governments do in response?

They pass legislation that is restrictive and oppressive. Australia has now joined other democratic “free world” countries in introducing site blocking legislation in order to keep media companies happy.

Copyright was designed to protect the creator.

However, as the Recording, Book and Movie Industries started to grow, business people came out from their corporate offices and stuck their claws into Copyright. So what we have today is business people defending the copyright monopoly, while they are robbing artists and their fans dry. These same defenders of the copyright monopoly are laughing all the way to the bank while exploiting the system in a legal way.

Seriously, would an artist need a copyright on their works 70 to 90 years after they have died. Of course not, but the companies that built their business on obtaining copyrights sure have a need.

Artists create not because they can make money off it as individuals, but because of who we are. We have been creative creatures from the start of civilisation.

Meanwhile, while the Australian government bends its backside to the legacy media companies, Netflix keeps on making huge inroads in the Australian market, with over 1 million users since its April launch this year. The reason why this number is staggering is that Netflix’s competitors in Australia have about 300,000 users combined.

Surely this is proof that Australians do pay for movies and TV shows if they are provided in a way that is convenient to them. And we are paying for a Netflix subscription that doesn’t have nowhere near the content that the U.S version has. But we still pay, because it allows us to watch their content, when we want to watch it, over and over again.

Not in a time slot like PayTV. Keep on rocking is what I say.

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

Recording Industry Dumb and Dumber – The Sequel

So the Recording Industry in Australia is welcoming new anti-piracy legislation. High fives all around for site blocking laws. Add to those Recording Industry high fives, Movie industry high fives and any other legacy content owner.

The question I have is this;

  • With site blocking now becoming law, what does the Recording Industry believe would happen to their businesses profits?
  • Would people suddenly return to buying CD’s?
  • Would people suddenly buy an expensive Foxtel subscription to watch ten episodes of “Game of Thrones”?
  • Would people who normally don’t go to the movies, suddenly start going to the movies?
  • Would people suddenly go out and buy books, or e-books?

Site blocking laws are designed to stop people from accessing websites that film, TV and music companies say are hosting their content without permission. Surely, our government officials would have looked at the U.K before deciding if site-blocking was the right way forward.

In the UK, The Pirate Bay has been blocked since 2012 however people have found ways to get around that block. Even though site blocking laws exist in the U.K, sales of music are still declining. However, if the industry puts more emphasis into their streaming business, then some different results could appear. Lucky for the U.K, they have a lot of popular artists right now and these artists are really pushing the streaming side of their music.

So in return the U.K have more people streaming more music than ever before. By 2019, streaming is expected to account for 49 per cent of music revenue in the U.K, compared to 22 per cent in 2014.

Digital music downloading (both legal and illegal) is a thing of the past. It’s history. Why would we want to pay for an mp3, when the history of music is at our fingertips with streaming and we, the fans, like it.

It’s easy and uncomplicated.

So since streaming is king, can someone tell me why we need the Entertainment Industries going to the courts to block websites based on their own evidence?

I think the catch-cry put out by the government is “the laws will protect the viability and success of creative industries while restricting the profitability of sites that facilitate piracy.”

Yep, Mr Government, as long as you and your financiers know what that means, it’s okay, we believe the shit you say.

I would be interested to see the model they used to show how the laws would protect the creative industries especially since Australia is a huge market for DVD and Blu-ray sales.

How can the entertainment industries explain the HUGE profits they get from DVD/Blu-ray sales in Australia?

Let’s use Game Of Thrones.

The TV show is hidden behind an expensive Pay-tv paywall in Australia. The actual subscriber numbers for that Pay-tv provider are lower than the sale numbers of the DVD/Blu-ray season releases.

Where did all of these extra fans come from?

The content owners need to be talking about lowering their licensing fees so that the monthly streaming plans are cheaper and that all content is available in the one place.

I have a Netflix subscription and a Spotify subscription.

The content industries should be pushing more people to these services. In return, the money pie will get bigger. It’s simply economics. These industries cannot pretend anymore that the old business models are coming back.

Let’s use Game of Thrones for another example.

If HBO wants to stamp out piracy, ensure that the show is available to everyone globally from the one HBO source.

Not from a reseller.

HBO makes, it, so they should sell it, to the people who want to watch it, when they want to watch it. I cannot for the life of me understand why people need to pay another company who paid HBO a fee to re-broadcast it. It’s a business model that is doomed.

Why do you think Netflix started to make their own TV shows?

Hell, why do you think HBO started their own TV shows? Remember, HBO was once a Home Box Office re-broadcaster.

Because re-broadcasting is not a viable business models. Same deal for music streaming services.

Expect Spotify to start to sign bands and really shake up the streaming world.

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

Another Episode in the Recording Industry Dumb and Dumber File

Seriously, how stupid can the recording industry get!

Why would the recording industry associations battle a Copyright ruling that allows people who purchase a CD to legally rip it?

First, CD sales are on the decline. The whole history of music is available on YouTube and Spotify and Pandora and (insert any other streaming service here).

So why does the recording industry still fight “ripping a CD” laws. No one with any common sense can believe what the UK Music and the British Academy of Songwriters claim.

That if people are allowed to rip the CD’s they legally buy, it would cost the rights owners tens of millions. So what they want is a tax on back up CD drives.

Are these recording industry idiots seriously that out of touch with technology?

Don’t they know that most computers don’t even come with a CD drive! My Apple iMac doesn’t even have a CD drive. In other words, CD drives are disappearing at the same rate that CD sales are disappearing.

But the recording industry, which the article incorrectly calls the music industry, still believe in some 1998 ideal of CD sales and ownership.

Even one of the largest tech companies in the world, believed that music was all about ownership and not access. For whatever reasons, Apple is very late to the streaming party.

When Steve Job’s introduced the iPod back in October 2001, the selling point was “this amazing little device holds a thousand songs, and it goes right in my pocket”. For millions upon millions of music fans, the iPod became a must and in return Apple continued to grow into a very powerful company.

However, Jimmy Iovine and Eddy Cue offer nothing amazing with Apple Music. They offer a music service with features that already exist in Spotify or even Soundcloud. But they hinder their music service by putting it behind a paywall. This new “revolutionary” product is mired in the past.

It’s like the record labels constructed Apple Music and not Apple itself. Maybe that is the truth as Jimmy Iovine’s background leans more to the recording industry than the tech industry.

Artists payouts has proven to be a contentious issue again. Transparency in the area is non-existent. Apple was not going to pay artists during the streams that happen during the three-month trial period. Then Apple did an about flip and said they would. On top of all that, Apple Music is being investigated for anti-competitive behaviour.  The last thing the labels would want is a government investigation.

Did anyone also notice that when Apple did its reverse flip on paying royalties during the free 3 month periods, it was Eddy Cue who went on the record. Meanwhile, the recording industry stooge Jimmy Iovine, remained silent, just like the label heads at Universal, Sony and Warner. However it was those idiots that created this mess in the first place.

If you are a musician this is what you should know;

• Music streaming revenue is surpassing sales of music downloads.
• Research from P. Schoenfeld Asset Management shows that there will be 250 million worldwide music streaming subscribers generating over $16 billion in streaming revenue.

Your challenge is to get people to listen to your music consistently. Forget about the CD sale, or that Vinyl sale or that download sale. They are memento products. Listens is your sale. Eventually, the fan base that listens will start to want your memento’s.

One last thing.

If your song is not on Spotify, it is on YouTube. Taylor Swift took her music off Spotify and saw her YouTube plays increase. Yep, that’s right. Sales of her music didn’t increase at all, but her YouTube stats went through the roof.

It’s because people want to listen.

Standard
Copyright, Music, My Stories, Piracy

P.S.T (Piracy, Streaming and Touring)

All the talk in the media from the old gatekeepers is that piracy is bad for the artists or that Spotify’s free music-tier is bad for artists.

So can someone tell me how Motley Crue is playing in Abu Dhabi?

If we lived in the world of the old gatekeepers, the record labels would be in control and Motley Crue would have sold hundreds of thousands of albums (on a consistent basis) in the UAE before it was even considered to tour there.

However, in the internet age, it is a much different world.

Motley Crue suddenly has an audience in the UAE.

Is this audience courtesy of piracy or legit sales or legit streams?

There is a strong indication that Motley Crue’s UAE audience is due to piracy.

Do you know the Middle East is a huge region when it comes to illegal P2P downloading?

The following statement found in the book “Introduction to Private Security” by John Dempsey sums it up perfectly;

In Europe, Middle East, and Australia, P2P traffic consumes anywhere between 49 percent and 89 percent of all Internet traffic in the day. At night, it can spike up to an astonishing 95 percent.

You can do some further reading on countries where P2P piracy is very high at the following link.

Even though it is from 2011, the data tells us a few things.

Eastern/Central Europe, South America, Asia, Australia and the Middle East have high rates of P2P piracy as regions.

When you break it up to countries, China, Colombia, India, Russia, Malaysia, Turkey, Taiwan, Brazil, Saudi Arabia and Italy lead the way.

So let’s look at some of the recent tours bands have undertaken.

Metallica in 2011 did the “2011 Vacation Tour” that focused on Europe, South America, Asia and for the first time ever, they took in India.

In 2012, Metallica undertook the “European Black Album Tour” that focused solely on Europe.

In 2013, Metallica undertook the “Summer Tour 2013” which took in again Asia, Europe, South America along with North America.

In 2014, Metallica did the “Metallica by Request” tour which again took in Europe and South America.

Is it coincidence or shrewd planning that Metallica has taken in those markets. Hell, India is known as a nation of P2P downloaders, however it hasn’t stopped Metallica or Iron Maiden touring there.

Iron Maiden’s “The Final Frontier” tour (2010/11)  took in Eastern Europe, along with Singapore, Indonesia, Australia, South Korea, Japan, Mexico, Colombia, Peru, Brazil, Argentina, Chile and Puerto Rico.

The “Maiden England World Tour” (2013), took in Mexico, Brazil, Argentina, Paraguay, Chile and Eastern Europe again.

The “Somewhere Back In Time” tour  (2008/09) took in (apart from the North American and European markets) India, Australia, Japan, Mexico, Costa Rica, Colombia, Brazil, Argentina, Chile and Puerto Rico. Then on the second leg it took in Dubai (UAE), New Zealand, India (again), Mexico (again), Costa Rica (again), Venezuela, Colombia (again), Ecuador, Brazil (again), Chile (again), Peru, Argentina (again).

The Bon Jovi “Because We Can” tour from 2013 took in Brazil, Chile, Argentina, South Africa, Mexico, Japan, Australia, China, Malaysia, Singapore, China (again), Abu Dhabi (UAE) and Israel.

This was on top of the normal European and North American markets.

The “Bon Jovi Live” tour set to kick off in September 2015, takes in China, Malaysia, Singapore, Macau, Abu Dhabi (UAE) and Israel.

Five Finger Death Punch haven’t been around as long as Metallica, Iron Maiden or Bon Jovi, however it still hasn’t stopped them from hitting Japan, Singapore, Australia and New Zealand on their recent “Wrong Side Of Heaven” tour.

Avenged Sevenfold’s “Far and Middle East Tour” from 2012, took in Japan, Taiwan, Thailand, Singapore, Philippines, Malaysia and UAE.

Their “Hail To The King” from 2014 took in Brazil, Australia, Mexico, Chile and Argentina on top of the normal European and North American markets.

Their “Asian Tour 2015” will cover China, Taiwan, Thailand, Singapore, Malaysia, South Korea, Indonesia and Hong Kong.

Again the question must be asked, is it coincidence or shrewd planning. Streaming services can tell the bands which countries or even cities are streaming their songs and at what rates. Other firms out there like Music Metrics can tell bands, which countries or even cities are illegally downloading their music.

All of this data, once in the hands of a person that knows what to do with it, is a marketers dream.

Articles always point out that “pirates” are the biggest spenders and after seeing large bands hit markets with high piracy rates and still sell out shows, I would agree with that assertion.

Piracy, Streaming and Touring go hand in hand.

Standard
Music, My Stories, Piracy, Unsung Heroes

Metal Loyalty

Why is it a surprise to people that heavy metal or hard rock fans are the most loyal fans?

There is a pretty good chance that every metal fan has purchased the same album, from acts they like, more than three times.

I am talking from my own experience here. I have the Crue’s Eighties albums on Cassette, LP and on CD.

In the Nineties, these albums got remastered and had some bonus tracks added to them. So I purchased them again. The same albums then got repackaged into Box Sets and guess what I did? I purchased them again.

All up, I purchased each Eighties Motley Crue album five times. Just typing it all out makes me sound silly. Now apply the same counts to Metallica, Iron Maiden, Twisted Sister, Van Halen, Ozzy Osbourne, Megadeth, Bon Jovi, Europe, Cinderella, Kiss, Whitesnake, Def Leppared, Guns N Roses, Skid Row and so on.

Others call it dumb, others call it silly, however I call it loyalty. And guess what? There are millions more people out there the same as me.

Talking about the Eighties, let’s look at the year 1987. The biggest hit singles for that year according to Wikipedia are “La Bamba” from Los Lobos, “Never Gonna Give You Up” from Rick Astley, “I Wanna Dance With Somebody” from Whitney Houston, “It’s A Sin” from Pet Shop Boys and “Who’s That Girl” from Madonna.

However during the year, Guns N Roses unleashed their record-breaking “Appetite For Destruction” album and Def Leppard also unleashed their own record-breaking album in “Hysteria”. Both albums are known as slow-burners, meaning that they took their time to hit it big. Something today’s know it all musicians fail to understand.

For Guns N Roses, it wasn’t until “Sweet Child O’Mine” came out as a single in August 1988 that the album really started to sell. And that was 14 months after it was released. Using the RIAA certification system as a metric for success, by August 1988, Appetite For Destruction was certified three times multi-platinum. Not bad, hey. Then “Sweet Child O’Mine” came out as a single in the same month. By December 1988, (four months later) the album was six times multi-platinum.

You see what happens when one song connects.

Continuing on, by July 1989, almost 12 months since “Sweet Child O’Mine” was released as a single and two years since the album came out, the album was certified eight times multi-platinum. Five million units were sold after “Sweet Child O’ Mine”.

For Def Leppard, it wasn’t until the “Love Bites” single came out in 1988 that the “Hysteria” album started to sell by the truckloads.

Also in 1987, Bon Jovi was still riding high from 1986’s “Slippery When Wet” album. Meanwhile, Motley Crue came out with “Girls, Girls, Girls” and U2 released “The Joshua Tree”. All three bands proved massive drawcards on the live circuit.

White Lion came out with “Pride” and surprised everyone with “Wait”. Suddenly Vito Bratta was in everyone’s lounge rooms courtesy of MTV. And because of MTV, White Lion also became a multi-platinum act.

Ozzy Osbourne paid a “Tribute” to Randy Rhoads while Kiss jumped on the Bon Jovi band wagon with “Crazy Nights”. Blues rockers Great White took the charts by storm with their “Once Bitten” album.

1987 also saw Whitesnake released their mega selling self – titled album, Heart released “Bad Animals” and the single “Alone” and Gary Moore released “Wild Frontier”.

Aerosmith also released “Permanent Vacation” signalling that their comeback was complete, while Pink Floyd did the same with “A Momentary Lapse Of Reason”.

Marillion released “Clutching at Straws”, Y&T released “Contagious” and Rush released “Hold Your Fire”.

Savatage started to make a dent in the metal world with “Hall of the Mountain King” and Alice Cooper’s comeback was picking up steam with “Raise Your Fist and Yell”.

I own all of the above albums, more than once.

Metal and Rock music is a lifestyle. Metal and rock bands appealed to my belief systems. It is that lifestyle and belief system that inspires loyalty. Cultural movements have happened on the backs of metal music.

The term heavy metal in the Eighties was used a lot. A record store lumped bands with very different styles into one Metal category. I could walk into a heavy metal section of a record shop and find Bon Jovi, Metallica, Twisted Sister, Slayer, Iron Maiden, Motley Crue, Poison, Van Halen and even Boston.

Judging by how big metal became, I guess I was not the only one that had the same belief systems. One thing that metal and rock bands did better than every other genre is the branding. Once we connected with the artists, we wanted to become to a member of the gang. We wanted to be patched in and sworn in. It was a tribe mentality.

You don’t need Spotify to know that metal fans are loyal. Looking at the releases in 1987, artists like Kiss, Ozzy Osbourne, Pink Floyd, Whitesnake, Heart, Rush, Y&T and Aerosmith had been around since the early Seventies. Yep, 17 years later, they still had loyal fans waiting for new music. Almost twenty years later, those same bands still have millions of fans waiting for a tour or new music. Can’t say much for Rick Astley.

Other artists like Def Leppard, Gary Moore, U2, Marillion, Great White and Motley Crue had been around since the late Seventies or early Eighties.

The reason why the loyalty of metal heads becomes part of the conversation is that us metal heads/rock heads are stereotyped as antisocial who contribute nothing to society. So how does that explain the numbers that metal and rock bands do on the live circuit, sales circuit, streaming numbers and merchandise sales. That is a lot of money that the anti-social misfits are putting into society.

As the saying goes, pop artists come and go, but metal artists remain forever. Once we are a fan of a band, we are fans for life.

I strongly believe that this metal global audience was achieved because of piracy. Illegal P2P in the early days led to bands like Metallica, Iron Maiden and Motley Crue earning a whole new audience. Suddenly their music was available to people who couldn’t get it. Suddenly these bands who had waning careers, had new markets to hit.

Nicko from Iron Maiden summed it up the best in the Flight 666 documentary. In the documentary, Nicko was mentioning that Iron Maiden hasn’t sold any recorded music in Costa Rica, however they had a sold out show that night.

There is an article over at Mashable that is quoting from Vince Edwards, the head of publicity for Metal Blade Records.

Edwards says that to book live shows, bands need to be able to demonstrate sales, which means using Nielsen’s SoundScan. Spotify streams don’t factor into SoundScan, so any streams that take away from sales also take away from touring. Touring, he says, is “mission critical” for bands. Streams, he says, just aren’t yet incorporated into the system. “It’s such a new metric that people aren’t really sure how to measure that yet,” Edwards said.

Spotify does have some data that can be used to inform bands where it might be best to tour, but Edwards says that doesn’t help metal artists much, since they tend to play smaller venues.

“I think that’s kind of the big disconnect between our world and the mainstream world,” he said.

Seriously, you would think in this day and age that the label bosses would have figured out how to incorporate streaming or even piracy data into their analysis. Online piracy has been around since 1999 and Spotify streaming has been around since 2008. To rely on SoundScan data in 2015 is ridiculous.

Lucky for these clueless label heads that the metal fans are loyal and generate dollars for them.

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

The Age Old Problem Of Music

The recorded music industry has finally stabilised and it is competing with free. Whatever arguments are put forward for recorded music to go behind paywalls, the world we live in demands that music be free. Piracy of music is no more.

Why would people bother?

My kids are happy with free and putting up with a few commercials. I am happy with it as well, and on the occasions that some of my favourite artists release an album that has a super deluxe edition, I purchase it.

All of this low price points does lead to a mathematical outcome. Profits are tighter, which in turn means  large recording budgets go down. Who cares, right? With pro-studio equipment so cheap, 95% of musicians are DIY’ers’

But, are profits really tighter for the record labels. The whole Spotify/Sony contract highlights just how much money Sony is getting from being the holders of so many copyrights. Sony’s negotiating power is strong because of the artists that create musical works.

Unions have negotiating power because they have the workers behind them. Sony has negotiating power because they have accumulated the copyrights from artists that signed contracts with terms stacked against them. The unions fight for workers’ rights and better wages. Sony fights for a higher fee to their music catalogue and then fails to pass on the monies to its artists, both old and new.

The power of the labels has been accumulated by paying low dollars for a song. Take “Louie, Louie”. The song was written on toilet paper in 1955, recorded in 1957 as a B side and it did nothing. In 1959, Berry sold the rights to the song for $750. In 1963, the song became a hit. By 1987, Berry was living on welfare at his mother’s house. However, Berry did have some luck in a lawyer friend who managed to get his rights back just in time for the song to be licensed to an alcoholic drink commercial. Berry in this instance is part of the rare 1% that do have some luck. For the other 99%, no dice.

You know what the funny thing is, someone like Frank Zappa back in the early Eighties had the foresight to offer a proposal to the record labels to replace the LP model. Zappa proposed that the labels should store their recorded music vaults in a central location and offer the music via phone or cable TV straight to the user stereos via a subscription model. In Zappa’s words “providing material in such quantity at a reduced cost could actually diminish the desire to duplicate and store it, since it will be available any time day or night.”

The reason why Zappa was thinking outside the square back in 1982 was that the recording business was already in a state of bother, that the Internet and Napster brought to the forefront, 20 years later.

Change is constant. News used to be slow, we had three TV channels, music, books and films had gated/window releases, fewer people travelled and fewer people finished school. Not anymore.

You see, change for one side of the debate is always better and for the other side not so much. For the music consumer, the shift to access models over ownership models with lower price points is for the better. But it is far from perfect for the record labels and other gatekeepers. Even old school artists don’t like these changes. People have argued that it has led to unemployment or that creators have no incentive to create new music.

The age-old problem of music was always access. How do people hear it?

MTV broke down a lot of those access problems and made musicians into global superstars. MTV, P2P downloading and streaming are new approaches to age-old problems. While the record labels ignored the volcanic ash of Napster, the techies escaped the volcano blast and thrived.

The error of the record labels was in believing that what was familiar would not change. They got used to the high profit margins of the CD, so they found it hard to believe that in the space of a few years, those profits could disappear. Those marketing strategies and gated releases that have proven themselves over so many years, no longer bring in the sales the labels wanted. Instead it leads to an increase in P2P downloading.

Streaming has competed with P2P. Spotify has pumped millions upon millions into the recording industry. Money that was not there before. So what do the record labels, along with Apple and other misguided artists supporting Pono or Tidal want to do. Their solution to the age-old problem of access is to put it behind a pay wall.

Nice one. Let’s see how well that goes down.

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

Hard Working Musicians and Some Not So Hard Working Musicians

When I sit down to write a song, I write a song. That means, I have a vocal melody, chords and a certain feel behind it. In the bands I used to be in, I would then play the song for them. Now, my vocals are limited, so when I play the original song there are some notes I cannot hit. However the singer in the band can hit those notes.

Now according to Sebastian Bach, because he can sing better than Matt Fallon, he should get a song writing credit.

Come on man, this sense of entitlement that everyone has is getting downright stupid.

I love the Sebastian Bach era of Skid Row and I love Sebastian’s solo stuff. I saw Skid Row play at Eastern Creek in Sydney back in 1993. I purchased their debut album because I saw that Michael Wagener was listed as the producer. I remember dropping the needle and being blown away.

I remember also picking up a bootleg of the Matt Fallon era of Skid Row and being amazed at how good the songs sounded in demo form. Of course, Sebastian Bach is the better singer and he is the difference between a good band and a great band. Plus he is Skid Row. As good as Dave Sabo and Rachel Bolan are at writing the songs, people will always associate their band with Sebastian Bach.

But, in the case of getting a song writing credit just because he sang the vocal melody better, Sebastian has it wrong.

The Skid Row guys know the truth. History has always shown people trying to rewrite the past to suit a current point of view. But seriously, based on Sebastian’s definition, then guitarist Scotti Hill should also be credited as a songwriter for the Skid Row debut. Why not, hey?

Hill’s lead playing is all over the album and in “18 and Life”, the lead work is very definitive. But it doesn’t work that way. It never did, however in the new world we live in with plagiarism lawsuits everywhere, anything is possible.

Another person that keeps on getting it wrong is Yngwie Malmsteen. When is he going to realise that as good as a guitarist he is, without a great lead singer, his band and his songs are just average. Joe Lynn Turner and Jeff Scott Soto are the right vocalists for Yngwie however those bridges have burnt.

The problem with Yngwie and other artists like Kiss, is that they haven’t created anything worthwhile recently that would make us pay attention. So no one is interested in obtaining their new music. In Kiss’s case, they can still make good money on the road. In Yngwie’s case, he is playing clubs and bars.

You see, in music you work your ass off to get a break and to build an audience. Then you need to work even harder to keep that audience and to replenish it. The big dirty secret that eludes artists is that fans drop off, lose interest or just move on to other bands or different styles especially if the music coming out fails to connect.

If you want to listen to Malmsteen at his best, the first four albums are essential listening. Anything after that is for the hard-core fans.

These days it seems that the popular artists forget why they became famous. It’s because of the music, stupid. It amazes me when I read interviews with artists who don’t feel it is necessary to make new music. The latest is Paul Stanley. The reason why he is a somebody, is because he wrote music. And a lot of it.

Look at guys like Mark Tremonti or even Joel Hoekstra. Both guys are super hard workers.

Tremonti has two albums coming out within a 12 month period from his band Tremonti, plus another Alter Bridge album. Chuck into that mix the Fret 12 guitar instructional DVD’s that he has been doing for the last 10 years and you can see how hard he is working at releasing content on a consistent basis.

Hoekstra just released “The Purple Album” with Whitesnake, has a project called VHF that will be releasing an album soon and another project called Joel Hoekstra 13 that will also be releasing an album soon. In addition to that, he released music with Night Ranger just last year and toured with the Trans-Siberian Orchestra. All of that hard work is paying off for him at the moment.

So what do we know?

It’s hard work being a musician. It always has been and it always will be. Tremonti and Hoekstra are perfect examples of hard work.

Standard