Living Under The Laws That Corporations Wrote And A Bit Of Metallica For Old Times Sake

“Alice In Wonderland” turned 150 years old recently and it is still in the public imagination.

Hell, it has been in the public domain since 1907 (42 years from when it was originally published) and that still hasn’t stopped the story from making money. By having the work in the public domain it has allowed other people to create derivative versions of the story and the characters. “Alice In Wonderland” is a perfect example of how adaptions of the original story has ensured that the story gets passed on to multiple generations.

So next time you hear of someone calling for longer copyright terms, tell them about “Alice In Wonderland”. The incentive of a 42 year copyright monopoly was a sufficient motivator for Lewis Carroll (real name Charles Lutwidge Dodgson) to create more works.

Alice In Wonderland Article

Carroll didn’t need a copyright to last 70 to 90 years after his death as an incentive to write stories. Sort of like the heirs of Marvin Gaye. Seriously, what the hell have they contributed to the arts. Copyright was never about being a lifetime pension that carries over to the children or the next of kin. The rule is simply, if the artist passes away, their music falls into the public domain.

As much as I love Hendrix, I don’t agree with his relatives holding a copyright monopoly on his works.

However a lot of people (with a large corporation or corporations attached) stand to profit from long-term copyrights.

Anyone heard of Wu-Tang-Clans single album that has an 88 year copyright caveat. What this means is that the person who paid something like $5 million dollars for has to wait 88 years to hear it. This is what happens when music is turned into something that is not music. The fans that made the group popular are not able to hear it, because greedy people attached to the group want to profit from it.

For those that do read my posts, you will note that I have mentioned a lot of times that fans of artists are not purchasing music anymore. They are purchasing art packaged as a must have for collectors. I always use Machine Head’s “Killers and Kings” Record Store Day single release with four different covers. Yep, I purchased all four singles and guess what, they are still in the shrink-wrap.

So if you need anymore proof that sales of music is all about collectables then look no further than Metallica’s “No Life Til Leather” cassette release for Record Store Day.

You see, releasing music should never be about the new album only. Music was never designed to be about locking yourself away for a year or for months in a studio while you record your new master opus. Music was never designed to be about spending months and months on promotion and marketing. Music was never designed to give rise to large copyright monopolistic corporations. However that is where music has come to.

Because it is these large copyright monopolies that have lobbied hard for internet service providers (ISP’s) around the world to store and then hand out the personal information of their users to these greedy corporations.

All in the name of copyright infringement.

What the large copyright groups have done, via their cashed up lobby groups is bypass legal process. If an internet user has been falsely accused, well, too bad. The burden (and a costly one at that) to prove that you are innocent is on the user, as the way the anti-piracy laws are written, there are basically no consequences for a copyright monopoly business from making false accusations.

I guess this is what it means to live under the laws written by corporations.

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

Just Another Day In The World

Game Of Thrones

It looks like Piracy does pay. The sales of DVD/BluRay box sets for Season 4 of “Game Of Thrones” are going crazy. Season 3 also experienced the same craziness.

Led Zeppelin

Meanwhile, an album from 40 years ago is back on the charts. Led Zeppelin, who was so late to the streaming party, is now fighting for a spot on top of the charts due to their fans streaming their music.

Sales

So the recording industries response to piracy is to have a global release day on Friday. Hello, its 2015. Every day is a good day to release new music because music when done right doesn’t need a blockbuster opening day. Last week, 36 Crazyfists released their album “Time and Trauma” with first week sales of 3,500.

Yeah, high fives all round. Let’s blame piracy.

Meanwhile, ageing rockers AC/DC moved another 8,000 units as they move closer to 500,000 sales. However, sales of 500,000 does not mean that the record is popular amongst their fans. Does anyone know if it’s continually getting played? It’s not on Spotify so we can’t use any data from there.

Meanwhile, the “Rock Or Bust” clip has over 7 million views on YouTube, while “Play Ball” has over 6 million views. However, if you compare those YouTube views to Slipknot’s “The Devil and I” 26 million plus views, it’s easy to see what fans of rock and metal are listening too.

But hang on a second, the media outlets give ink to the fact that AC/DC has almost sold 500,000 copies of their album, while Slipknot is closer to the 300,000 mark. Further evidence today, that sales don’t equate to the actual popularity of the album. Listening data does.

Sales are old school and they are not coming back. In Norway, piracy is non-existent however revenues from recorded music haven’t increased. Goes to show that people never really wanted to own music, they just wanted access to it.

American Sniper

However if an entertainment product is done right, people will still spend their money. “American Sniper” is a perfect example of that. The movie is all over the piracy sites, and it is also approaching the $500 million mark on Box Office Returns. Compare that to the “The Expendables 3” which bombed big time. One movie hit the mark with the audiences while the other didn’t.

So when something does well, piracy is not mentioned at all as maybe a possible reason for its success, while when something does not do well, piracy is always blamed.

Performing Live

For musicians, piracy is exposure. Machine Head grossed $33,000 for one show in front of 850 Head Cases. If they play 100 shows with the same return, that would mean, they would have grossed $3.3 million. It sure sounds like a decent take home.

On a larger scale, Slash Feat. Myles Kennedy & The Conspirators grossed $316,696 for a show in Dublin.

Music is all about people listening and if we listen and we like it, we will spend our dollars.

Don’t You Just Love What Copyright Has Become?

Remember the original intention of Copyright was to promote learning. It was conceived that if creators of works would have a 14 year monopoly on their creations (with the option to renew for another 14 years provided they were still alive), they had enough incentives to create new works and when the copyright expired on their older works, they would fall into the public domain so that others can use and build on these older works.

200 plus years later, we have a lot of stupidity around in the name of Copyright.

A German based association called, Total Wipes Music Group is using Google’s anti-piracy system to censor everything it doesn’t like. Read the article and be amazed at how Copyright is abused. In order to stop the infringement on an album they own the copyright for, Total Wipes Music Group tried to censor a legitimate article on how to download anonymously. Since then, they have targeted legitimate articles from the Electronic Frontiers Foundation (EFF), AVG, Dropbox and Opera, just to name a few. And guess what, not one of those sites listed contained any infringing links or even mentioned the music that Total Wipes Music Group administers or holds the copyrights to. What Total Wipes attempted to do was to censor legitimate articles that provided users with information on downloading and anonymous VPN’s under the disguise of Copyright.

And the laughable thing is that the Group is now claiming that it was a bug in their automated takedown system. Well, I guess that bug just keeps on resurfacing each year.

Don’t you just love what copyright has become?

Then you have a powerful organisation like the MPAA trying to censor a website called Open Culture. Open Culture offers Public Domain movies however according to a takedown notice that the MPAA sent to Google, Open Culture’s list of 700 free public domain movies contains copyright infringing material.

Remember that Copyright’s intent was to promote learning and this was done by ensuring that each country has a rich public domain. Well it looks like in the U.S, the rich wealthy copyright monopolies want to control that as well and put those works back under Copyright protection.

Don’t you just love what copyright has become?

Remember the good old days when the copyright monopolies lobbied hard against radio, television, the introduction of blank cassette tapes and those advertisements that “Home Taping Is Killing the Music Business”, then blank CD’s, then mp3’s and piracy sites. They did that all in the name of the artist. That same artist that they exploited and signed to a deal that was stacked in the favour of the record label.

It’s pretty easy to read between the lines and see that the record labels and their lobby groups did all of this lobbying to protect their business models and to ensure that their copyright monopoly remains in place. And this leads to more lobby groups that want to have a say.

Now we have the Grammy Creators Alliance. On the face of it, they proclaim that they are backed by artists like Steven Tyler and their intention is to lobby Spotify, so that Spotify pays them fairly for their works. However, the organisation is run by agents and managers whose only interest is securing a big pay-day for themselves. Hell, these types of people don’t even create anything of value that people consume, however they now have a voice on copyright disputes because they have money behind them to give them that voice.

For the record Spotify does pay fairly to the Copyright Holders of the works. So maybe this new Alliance should lobby their record label to pay them fairly.

Don’t you just love what copyright has become?

And then on certain occasions you have some excellent innovation that happens when people don’t allow Copyright to influence their creations. iFlix is another torrent client that streams any magnet link in an instant. It’s easy to use, it’s available on Android and it uses material that has been infringed on.

It’s created by a Romanian software engineer. Romania is one of the poorer countries in the EU and it also has the highest rates of software piracy. And from all of this piracy, you wouldn’t believe what happened. It made Romania a powerhouse in software development. Romania now has the most techies in Europe. Google and Microsoft employ a lot of IT workers from Romania. All of this was made possible by infringing on the rights of others.

And going back to iFlix, the ecosystem all came about because the developer was hired to offer a service to parents to watch their kindergarten kids on their mobile.

The Great Copyright Hijack

Copyright in its first incarnation via the “Statute of Anne” and the “Copyright Act of 1790” stated that the objective of copyright was to “encourage learning” and this was to be achieved by securing authors the “sole right and liberty of printing, reprinting, publishing and vending” the copies of their “maps, charts, and books” for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.

So think about what the intent of Copyright was. It was to ENCOURAGE LEARNING.

So fast forward 200 plus years and Copyright has a very different meaning. The encourage learning part is gone, replaced by massive expansions of copyright terms.

Finally, copyright law has become a money-making scheme that only benefits the large corporations that have a copyright monopoly. It’s become worlds apart from its original intention.

For a lot of people copyright law relates to the fact that they shouldn’t download movies or music without paying for it.

But what people fail to understand is that copyright reaches into everything we do. Copyright now is NOT about encouraging learning, but about locking up learning.

Copryight law is all about censorship. You know the one I am talking about, when a company/person with some wealth, issues a takedown claim to another entity that is not so powerful/wealthy to remove content they don’t like.

I am sure by now everyone has probably heard about the YouTube video of a cat purring being taken down by a Copyright Claim from music publisher EMI and collecting society PRS for Music. This is silly for a whole lot of reasons. First, EMI and PRS for Music use automated take downs, so there is no human involvement. Second, YouTube’s Content ID algorithm is obviously flawed as it thinks that a cat purring links back to a recorded song. Third, the YouTube user has been punished for doing nothing wrong.

REDDIT REJECTS COPYRIGHT CLAIMS – this is when an entity fights back and actually investigates the claims made against it. As mentioned above, corporations with money use automated take down systems and a lot of the sites that get hit with these take down requests comply without investigating the merits of the claim.

However Reddit doesn’t take the takedown requests as gospel. They actually investigate and determine if the takedown requests have merit. And WordPress, which hosts this blog is by far the best at handing and investigating take down requests.

COPYRIGHT CLAIMS OVERREACH – this is what happens when a powerful entity censors the speech of others. They look silly and they hurt their reputation.

Remember when Nuclear Blast via a Panama-based copyright troll called World Digital Rights went after people (maybe fans/maybe not) of metal band “All Shall Perish” back in 2012. Well the band wasn’t happy about their label going after people who could be “All Shall Perish” fans and guess what happened afterwards.

Vocalist Eddie Hermida departed to join Suicide Silence. Guitarist Ben Orum became a family man. Co-Guitarist Francesco Artusato was involved with another project called “Devil You Know”. Drummer Adam Pierce joined “Emmure” and at this point in time he is listed as Emmure’s drummer on their Facebook page and also listed as the “All Shall Perish” drummer on their Wikipedia page. That just left bassist Mike Tiner as the only member that didn’t have anything on.

The whole Metallica vs Napster focused on Copyright Infringement however what did that really mean. Metallica at the time already had a handsome deal in place where they would lease their shares in the songs copyright to a corporation for a nice upfront payment. Hell, Sammy Hagar paid for his divorce by putting three new songs on a Greatest Hits package and selling the copyrights of those new songs for a nice fee.

So going back to Metallica, who was really hurt when their music was infringed on. It definitely wasn’t Metallica. And if we had the original terms of 14 years, plus 14 years renewal “Kill Em All” and “Ride The Lightning” would now be Copyright free and in the Public Domain.

And that my friends is the great Copyright hijack.

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

Apple

In order to lead you need to stay ahead of the game. In order to stay ahead you need to innovate/create.

Apple is one such company that is at the crossroads. The iTunes store is seeing a decrease in MP3 sales. Their first foray into streaming, iTunes radio never really took off.

The move into the streaming market dominated by Spotify and YouTube with the Beats acquisition is still at the starting gate and the birth of new products since the death of Steve Jobs has stagnated , however the iWatch is being hyped up by critics and bloggers as a savior.

But what people are failing to see is what Apple is doing behind the scenes. The acquisition of smaller companies into the Apple network forms a picture of a large corporation gearing up to control more of our daily lives.

Let’s not kid ourselves here. IT companies are billion dollar industries because of the data they harvest from us, the people. It is that data that provides a dashboard on how to market a product and to whom. And Apple are gearing up for a mammoth shake on the data front.

They have purchased Semetric, the U.K company behind Musicmetric. For those that don’t know, Musicmetric is a web service that analyses data on the internet around sales of music, P2P downloads, YouTube views, streams, social networks and sells that data to record labels, artists and others.

I saw Musicmetric as a great tool and it’s most valuable asset is that it looks at BitTorrent (p2P) downloads (both legal and illegal). It could tell an artist which countries and cities are illegally downloading their music.

To me, these are fans that can be monetised via live performances, provided the artist has the means to get there. For newer acts it tells them where their music is popular even though they don’t see that popularity translate into sales because in the end a fan base is a fan base. It has been proven that at some time down the line these fans will commit financially to the artist.

Which is a shame because I cant see how Musicmetric will stick around as a standalone service anymore.

Apple has gained a key in-house tool that it can use to track sales and streams within iTunes alongside social networking stats. But the reason why Musicmetric worked is that it also included Spotify and YouTube activity into its dashboard, however the chances of those two entities remaining with Musicmetric (now that it is owned by Apple) seem to be slim.

Another interesting piece I came across is Apple’s latest patent, which states that it will allow people to legally share music and videos with friends as long as those users have a license. As the Torrentfreak article points out;

While “legalized P2P sharing” may sound appealing, in theory it’s actually quite restrictive. The idea introduces a new layer of content protection which means that the files in question can only be played on “trusted client software.” This means that transferring files between devices is only possible if these support Apple’s licensing scheme. That’s actually a step backwards from the DRM-free music that’s sold in most stores today.

Interesting.

So what we have is a company that has purchased a data analytics company that tracks illegal P2P sharing activity as part of its dashboard and they have just been given a patent to legalize P2P sharing amongst its users provided they have a license.

But seriously, Napster came out close to 16 years ago. Yes, 16 is the number. That is close to 6000 days ago and the recording industries have done nothing to give the fans of music anything that remotely resembles Napster. Meanwhile, technology companies have done all of the innovating.

To me this is another attempt at control and restriction and that is a bad thing.

These new tools will most probably be packaged in with their Beats music service and if my reading between the lines is correct, Beats Music will also be a P2p protocol sharing service provided the user has a license which will probably come automatically with the purchase of an Apple product.

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

The Costs Of Entertainment Today

Last Tuesday, January 13, I took the family to watch Australia’s game vs Oman at the Asian Cup. To do anything family related is a hit on the budget.

The tickets cost me in total $171.50 which is broken down by $98 ($49 per adult) and $73.50 ($24.50 for a child).

Apparel at the game cost me $140 for 2 kids T Shirts and 1 female T-shirt.

The parking at the venue cost me $25.00.

Mt Franklin Water cost me $33.60 for 7 bottles at $4.80 each.

Coke Zero cost me $5.60 for a can.

Hot Chips cost me $30 for 5 little round boxes sold at $6 each.

A Chicko Roll costed $5.50.

A Stadium Hot Dog costed $6.20.

A pack of Kettle Chips costed $6.00.

A pack of Honey Soy Chips costed $5.50.

All up the whole day with the tickets came up to about $430.

10 days prior on January 3rd, I also took the family to watch a local A-League football game between Sydney FC and Newcastle Jets. Tickets for that event cost me $61.33 for the family. Parking was at zero cost (on the street with a 20 minute walk) and food/drink costs me $50 in total.

So in total I have spent about $540 on football/soccer related events for the month of January so far. To add to that expense, when I purchased the tickets for Australia’s group match against Oman, I also purchased tickets for the Semi Final and the Final. So those events are coming up on the horizon and thanks to some dumb and arrogant decisions from coach Ange Postecoglou, Australia didn’t finish top of their group, so instead of “hopefully” watching a semi final match with Australia playing, they now end up on the other side of the draw and play at different stadiums.

January is also the month when we gear up for the start of school, plus the registrations for all the winter sports (and gear purchases). So from a family point of view, the costs are adding up, plus we are coming off the Christmas craziness of credit card debt that we still need to contend with.

However, the recording industry and entitled artists are so out of touch that they don’t understand that society in general feels a lot of pain when it comes to money.

We also have a lot of other outlets when it comes to entertainment and events. The more that the recording industry bitches about piracy and lobbies so that ISP’s send copyright notices and track our online behaviour, the more the fans of music just give their money elsewhere.

Normally this time each year, I am purchasing tickets to Soundwave Side shows. That has been the norm every year for the last 5 years. I don’t go to a festival because I see it as a waste of time and a real uncomfortable experience to watch only a few bands that I might like.

However, this year, I don’t really like any of the bands that much to go and watch them. So that money that I used for the music industry is instead going to football.

One last thing about all of the arguments about free music and competing with free.

Water is a natural product and it ends up coming out of our sinks for next to no cost at all. However, the water companies like Mt Franklin have found a way to make us pay a premium for bottled water.

One day an artists with a progressive thinking record label will find their own unique way to make the same happen for music.

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

Reach, Vinyl and Record Label Lies

Before Napster, the only way a band knew that their music was spreading was by record sales. However, the fact that if a person purchased an album and listened to it once or a million times was never taken into account.

Today, there are so many different distribution outlets. The old way has been blown to bits and 15 years after Napster the record labels are still failing their artists because they haven’t done their due diligence properly in creating tools that can measure “REACH”. Yep, that is the new catch cry for 2015, REACH, not sales.

However, the labels are still confused and the artists more so. Imagine the conversation;

BAND: We should tour [insert country or city or state].
LABEL: Why, you have sold no albums there?
BAND: But we are one of the most downloaded artists there?
LABEL: Well those downloads are not legal ones and P2P is illegal.
BAND: What about Shazam look ups? I see our name all over that report on your desk from Shazam. Our songs are one of the most looked up songs in [insert country or city or state].
LABEL: Look all of this doesn’t mean you have a fan base there that will support you financially.
BAND: But, our streaming numbers are huge there?
LABEL: Leave it with us, I might get the lawyers to get together a 360 degree that will protect us both.

And the cycle of the record label shafting the artist starts again.

The record labels need the artists. It is from all of the copyrights that they own the record labels have achieved this power. With power comes great reach. And the labels abuse that power.

They increased the price of music to cater for the “start-up costs” in the CD manufacturing process back in the early eighties. It was only meant to be temporary and they promised the consumers that the price would be cheaper once they started manufacturing at a certain scale.

However that price never came down when they saw these unbelievable profit margins from CD sales and guess what they decided to do. They colluded to price fix the price on a CD and they killed off vinyl.

And now they are using overpriced vinyl again to increase their bottom lines.

Guess what.

Vinyl isn’t making a comeback just because there are dedicated people out there that purchase it. I purchased the four vinyl singles that Machine Head issued for the “Killers and Kings” demo. I still haven’t opened them and the reason why I haven’t opened them is that vinyl has become a souvenir item.

Don’t get me wrong, I love the sound of vinyl. I have so many great memories around dropping the needle however the turntable that I have at home just doesn’t get used. It’s easier and convenient to bring up the music on the phone and to be honest, I can’t see myself sitting back on the coach, listening to the record and reading the credits while following the credits. I am pretty sure I would end up on my iPhone.

We multitask. Yesterday I was cooking a BBQ and I called up the Evergrey Channel on iTunes Radio and listened to that. While the meat is sizzling, I am writing lyrics and listening to music at the same time.

Kids today have grown up with the internet. They are full-blown digital natives. They know nothing of the music business before Napster. If they did, then P2P downloads would have dried up when The Pirate Bay was raided in mid-December. Instead, the kids just found different outlets because the past is never coming back.

I have three boys aged 9,8 and 3. The older two are high YouTube and Spotify users. The younger one knows of YouTube and everyday he asks me to find Thomas The Tank Engine, Batman, The Wiggles, Planes, Garbage Trucks, Twisted Sister or whatever else has his interest for that moment.

And I am pretty sure that my kids are not the only kids that access content via these outlets.

I’ve said it many times, we always gravitate to something that has reach and YouTube and Spotify have got the reach.

Music, My Stories, Piracy, Unsung Heroes

Metal Without Limits

Hot Metal was a monthly Australian publication that I religiously purchased each month between 1989 and sometime towards the end of 1995.

The issue I am flicking through right now is the August 1991 issue.

In the mag there is an interview with Chris DeGarmo and Michael Wilton from Queensryche taking place during the “Empire” tour. The album by this time had moved over 1.6 million copies in the U.S and MTV had “Silent Lucidity” in constant rotation. By December of the same year, the RIAA would certify the album as 2x Platinum.

Chris DeGarmo interviews well. He comes up with a lot of good quotes and truths.

“Rock records seen to have these long legs. We learned that with Operation Mindcrime.”

So true. Rock and Metal records if done right just continue to stick around. While Pop might rule the airwaves and get the mainstream ink, rock and metal records just keep on sticking around. Let me rephrase that; the great rock and metal records just keep on sticking around.

Look at the Whitesnake 1987 album. It came out in March, 1987. By January 1988, it was certified Platinum x5 (for U.S sales). By July 1992 it was certified Platinum x6, By February 1995, it was certified Platinum x8. It just kept on sticking around almost 8 years after its release.

Go on Spotify and YouTube and you will see counts of 10 million plus for “Here I Go Again”, “Is This Love” and “Still Of The Night”. It’s still sticking around.

There is another issue from July 1989 that also caught my attention and that one has another interview with Chris DeGarmo;

“Who are Queensryche? Why, after years of slogging around, supporting everyone from Bon Jovi to Metallica, has “Operation Mindcrime” suddenly captured the imagination of a whole new world of listeners? “

They caught the mainstream by surprise with “Operation Mindcrime”. No one knew what to do with them. Chris DeGarmo was pressured in the interview to describe Queensryche’s brand of music. This was his answer.

“Hmmm, lets see, aggressive pop music? (laughs). No, I wouldn’t call it that. I guess it would be… metal without limits.”

Not too sure how many people read Guitar World. In a December 1991 issue Dave Mustaine referred to Queensryche as “Yuppie Metal” which I found hilarious. But you know what, DeGarmo is spot on with both of his definitions. How cool does “aggressive pop music” and “metal without limits” sound?

“Promised Land” was their real “metal without limit”s album. The overall sound was still rooted within the hard rock/metal genres, however there was a melancholy undertow simmering underneath that dabbled in different styles and song structures. It didn’t have a crossover hit single, but man, it has some killer moods.

It was very interesting how we had been out there working our asses off for the better part of a year and some people thought this new album had just come out.”

You see even back in 1992. getting the news out there was still a challenge. So when you add to that challenge all the noise that the internet creates, you can see that the difficulty in getting your name out there today has grown exponentially. And for any artist in the music game, getting your name out there is still the challenge. Not P2P.

“In a lot of people’s minds we are a new band and we have to get used to that.”

Spot on.

Hell, a lot of people thought that the 1987 Whitesnake album was Whitesnake’s first album. When I looked at the video clip for “Still Of The Night”, I couldn’t make sense why the album shows one guitarist and the video clip has two. The information travelled slow and for me in Australia it was tied up in expensive import magazines.

Bon Jovi broke out big with “Slippery When Wet” and when these new fans found out that “Slippery” was actually the bands third album, they started snapping up the back catalogue. By February 1987, “7800 Fahrenheit” was certified Platinum, while “Slippery When Wet” reached Platinum x6 at the same time.

For Queensryche, “Rage For Order” and “The Warning” achieved a Gold certification in 1991. And that is because of the “Empire” album and the success of “Silent Lucidity”.

Artists could be huge in certain states or countries however it didn’t mean that the whole world or even their own country knew about them. And this was in the era when the record labels controlled everything and even they couldn’t get the narrative out.

“It’s funny when someone comes up to you and says, ‘I heard that song “Silent Lucidity”. Do you guys have any more songs?’. You don’t want to insult them by saying, ‘Of course we do, you fool. We have been around for ages!’ How are they to know, when no one has ever played any of it?”

The importance of MTV during the eighties and the early nineties was astronomical for a band to get that instant payola. If their clip got constant rotation on the channel, then the platinum armies would come a knocking. So while “Eyes Of A Stranger” opened up the MTV door, it was “Jet City Woman”, “Another Rainy Night” and “Silent Lucidity” that took it to a whole new level. However, it was only those songs that MTV played, so if people didn’t go out and purchase the old catalogue how were they supposed to hear it.

“There wasn’t enough people into Queensryche to support coming to Australia. If we came we would like to bring the whole show, but we’re just not sure of our following there”.

They never came to Australia during the height of their popularity. The first Queensryche album I got was a cassette recording of “Operation Mindcrime”. “Empire” by default became a blind purchase for me.

I watched Queensryche in 2009, a version of the band that was missing Chris DeGarmo. The venue was at 1500 capacity. The ticket cost $80. The tour was billed as songs from “Rage For Order”, “Empire” and “American Soldier”. It was enjoyable to watch and no time would we have known the bullshit that was going to come.

Copyright Stupidity Again And Again

Remember the days of going into a restaurant or a pub/bar and hearing live music. Depending on the venue and what they offered, in most of the cases the bands would play cover songs. Well those venues are drying up faster today than the lands starved of rain.

You see when you have a law that gives power to organisations that contribute nothing creatively to the arts, however their whole business model is based around the arts, you get some nasty juju going down.

The music licensing agencies are financially challenged. Their whole business model was based on radio plays and sales. So when the Record Labels controlled the gates, the music licensing agencies smiled all the way to the bank. However, when that gate was blown open by Napster, then P2P, then the iTunes store and now streaming, the monies coming in to these agencies started to dry up.

So these agencies decided to diversify (and I use that world with a lot of sarcasm). Their diversification efforts involved shaking down venues that provided a live music service to the community and getting them to pay extortion like amounts if the bands played cover songs.

It has been happening for the last five years.

Does anyone think that the monies that BMI (one of the music licensing agencies involved in these shakedowns) collects from these venues would end up going back to the artists that had their songs supposedly “infringed on”.

Or what about the monies that Universal is aiming to collect from companies that offer care packages for prisoners. For those that don’t know, Universal Music has filed a complaint against companies selling “care packages which contain mix tapes” for families to send to prisoners.

Is it another shakedown attempt to extort money from companies or a sincere attempt to compensate their artists?

Asking an owner of an establishment to pay three sets of license fees just to allow local bands to perform is always going to end with the owner ending live music at their venue. Especially the smaller venues.

It’s simply bully tactics by an agency and Copyright Laws allow it to be a bully. Of course those Copyright Laws got re-written by the large associations like the RIAA and the MPAA over the last 60 years to ensure that laws kept the balance of power on their side.

BMI says that it’s songwriters and composers deserve compensation for their creative works.

So they view the collection of licensing fees from venues that are of zero risk to the music industry as crucial. But what they are actually doing is harming the music industry.

Does anyone seriously believe that Diamond Head was compensated when Metallica performed their songs at venues prior to being signed? I have bootlegs of shows from Motley Crue, Poison and Ratt before they were signed. A decent amount of cover songs are performed at the gigs and there is no way that the songwriters got compensated back then for these performances. The licensing agencies didn’t give a shit about venues at that point in time.

But now they do and the law allows them to do what they do. Just because it is law it doesn’t mean the practice is acceptable. Copyright Law is stacked in favour of the monopolies. Hell, they had a big hand in ensuring that it was re-written to keep that power in tact. So what we have are a bunch of government granted monopolies that contribute nothing to the arts, but have a large say in the arts.

That is why organisations like Rightscorp come to be. Again they contribute nothing to the arts. They are copyright trolls sent in to shakedown people. There is no other word to describe their business models.

But we still get the same bullshit from these agencies and associations that the world needs stronger copyright.

What the world needs is sensible copyright.

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

Seriously… Ray Luzier

Isn’t it time that the argument stops being about what has been lost to what can be gained when it comes to copyright infringement/piracy.

Seriously I am disappointed from artists in the metal and rock genres that talk shit like this. It started with Lars Ulrich and Napster. It continued with Gene Simmons and Paul Stanley talking crap. Scott Ian got in on the act. Yngwie Malmsteen and Joe Lynn Turner also had their views and now we have Ray Luzier.

Lets play a little game.

Who can name a song that Ray Luzier wrote? Does anyone know who Ray Luzier is?

I am pretty sure that no one can name one song that he has written of the top of their heads. So why is he given time to make uninformed comments.

He ripped on a fan of Army Of Anyone because he turned up with a burnt CD of the “Army Of Anyone” album and asked it to be signed. Any artists that equates a fan listening to their music as a lost sale should not be in the music business at all. So Ray starts to have a go at the fan because he didn’t have ten bucks to spend on a CD. He accused him of stealing it.

Does Ray even know the definition of stealing?

It means to take (the property of another) without right or permission.

Music is not property, however the CD that the music is on is property. So Ray is accusing a fan of stealing his CD. But wait a second, the kid turned up with a blank CD, that had music copied on it from a friend. It wasn’t Ray’s actual CD and the music on the burnt CD had not been stolen, because the “Army Of Anyone” catalogue is available for purchase and for streaming everywhere. It still could be available in brick and mortar shops (depending if they have old copies lying around because I can’t see many people clamouring to order it)

So what is it Ray.

Stealing or Copyright infringement. And I am sure that Ray Luzier was an angel who never ever got a copy of another bands music on a cassette tape. He must have had so much disposable income in the Eighties that he purchased the originals all the time.

But this is his best quote. “Someone’s gotta do something — put a chip in there where you can’t duplicate it. You know what I mean?!”

So at first he is having a bitch at people infringing on the music he is involved with and now he also wants is to punish the real fans that purchase the CD by not allowing them to media shift it to their mp3 player.

I think that Ray should read up a bit on the Sony BMG Rootkit scandal first. Sony tried to be that someone who tried to do something. What they did was that when a music disc was inserted into a computer, it installed software illegally (and in the background without the user knowing) that ended up creating vulnerabilities in the computer operating system which was then exploited by malware.

This attempt of DRM by Sony led to public outcry, government investigations and class-action lawsuits. DVD manufacturers also tried this and guess what happened. A kid in a bedroom created a program to circumvent the DRM on DVD’s.

Does Ray even know that Amazon has an AutoRip feature. So when a person buys a CD from Amazon, they get an AutoRip of it from download. Does Ray even know that all Pledge Music campaigns perks come with a digital copy of the album.

Seriously dude, I have the “KXM” CD because I am a George Lynch fan. I haven’t played it again after giving it around 20 plus spins. I have listened to the “Army Of Anyone” CD. I got a ripped copy as well from a friend who is a die-hard Stone Temple Pilots fan. It became a coffee coaster after the initial listen.

But Ray seems to fail to see that people still buy albums that they like, along with streaming albums that they like.

Five Finger Death Punch at the moment have combined sales of over 800,000 copies in the US of their “Wrong Side Of Heaven/Righteous Side Of Hell” releases. At the rate they are going, each album will be certified Gold in the U.S. All of their previous albums have been certified Gold in the U.S and again, they are still selling so expect them to pass Platinum in the years to come.

Shinedown, Avenged Sevenfold and Volbeat are bands that are also selling albums week in/week out.

All of the above bands have double-digit numbers on Spotify plus sold out shows at the box office.

So I think its time that the misinformed musicians stop ripping on their fans and start connecting with them. We are the ones that sustain you and if you choose to not be in music anymore because someone is downloading your music, then be gone because you are in the game for the wrong reasons.

Another will come and take your place that doesn’t think of money, because money was always a by-product of the music. It never was THE PRODUCT.

ONE FINAL NOTE: A local retailer in Australia called JB HI-FI is having a deal going on that is marketed as 3 for $10. I was in there on Friday to buy a Halo game for my kids and I thought I would spend 5 minutes to go through the various boxes to see if there was anything that I liked.

I found “Megadeth – Ruse In Peace Live” on Blu-Ray, “Megadeth – Countdown To Extinction Deluxe 20th Anniversary Boxed CD” ( I already own the 92 release CD along with the 2004 remastered/remixed edition bonus tracks edition, so this is the third time I have purchased this album) and a band that I have heard of in name only called “The Red Jumpsuit Apparatus” just so I could round out the $10 deal.

Today I went to another JB Hi-Fi store about 30 minutes away and they didn’t have those albums as part of their deal. And I was curious as to why. So I found them in the metal section and I took note of the prices.

MEGADETH – Rust In Peace (BluRay) was selling for $27.99

MEGADETH – Countdown To Extinction (20th Anniversary Edition) was selling for $28.99.

THE RED JUMPSUIT APPARATUS – Lonely Road was selling for $18.99

Now for the math. I picked up all three for $10 at one store, however 30 minutes away in another store if I wanted to pick up those three albums I would have had to pay $75.97.

ONE FINAL NOTE II: Today I picked up a “Rush Greatest Hits CD”, “Killers – Battleborn” and Guns N Roses – “Chinese Democracy.” The Gunners purchase was purely to add to the CD collection so that Gunners discography looks complete.

	Lana Teramae on The Place Matters
	Lana Teramae on The Place Matters
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	destroyerofharmony on When Trixter Thought the Party…