Category Archives: Piracy

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

What I Am Over Reading …..

Metallica’s New Album

Seriously it has been six years since Death Magnetic was released. For the last six months, the band has been working on songs. They have mentioned in press interviews that they have thousands of riffs stockpiled. The hype means nothing in 2014. Do people want a full Metallica album every six or seven years? I know what I would prefer, more quality frequent releases.

In relation to new music, “The Lords Of Summer” is the only new offering, while “Beyond Magnetic” broke the cobwebs on some old Death Magnetic demos. And the less said about “Lulu” the better.

However the Metallica live show sells out.

Led Zeppelin ReIssues

Seriously. How many times can someone own the original three albums or the songs contained within those albums.

Rockstars becoming owners of ,insert business venture here>

The fans want you to write music and play for them. Instead we get our heroes become owners in football clubs, technology start ups and so forth.

Piracy

Seriously. Is this still an issue in 2014?

YouTube and Spotify more or less have everything that a person would want. However the labels along with the RIAA still use piracy as a means to get more laws written. In Australia, our Attorney General is talking up a three strikes policy as a means to combat piracy even though evidence from all over the world has shown that these policies have done nothing to stop copyright infringement.

It’s because the people have no respect for copyright law anymore and the corporations that abuse it. Music survived for centuries upon centuries because there was no copyright. Artists copied each other. Music and melodies got passed on from family members to family members via copying each other.

Google Needs To Do More

People like U2 manager Paul McGuinness or the RIAA or the MPAA or the various bots they employ to issue takedowns need to get a life because Google is not to blame for copyright infringement. Google is not to blame for the THEFT of music. I believe the latest comment from McGuinness is that “Google is the greatest theft enabler on the internet”.

Seriously McGuinness should look up what THEFT means because as far as I know, U2 still has their music on iTunes. No one has stolen the mp3 that exists there. However if millions of copies of that same mp3 exist all over the internet, is that Google’s fault.

Streaming Doesn’t Pay

It does pay. If you are not getting any of the pie speak to the label or the organisation that is getting the pie. But according to Paul McGuinness again, bands should gate their releases like the good old days.

Sales

Seriously,they are irrelevant. All they do is give the old guard a way to measure something that is irrelevant because the new way to measure an artists reach is just too hard to fathom for them.

Are people listening to the album? That is the question. Instead of focusing on Soundscan numbers, what is happening on the live front?

Press Releases for new albums

People can see through the hype and bullshit. In other words, we don’t care about what the bands say about “how great this new album is” or “how it is a definitive statement of the band right now”. All we care about is if we like it. If it is great we will push it. If it is crap, expect it to disappear.

Because if publicity does increase sales, then bands should be selling by the millions and selling out their shows. But they don’t.

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

A Note To APRA AMCOS and Andrew Harris – It’s A Brave New World. Deal With It.

We live in a far better world when it comes to the consumption of entertainment products. As much as the RIAA, the Performing Rights Organisations and the labels still use the smokescreen piracy argument, we are as a matter of fact living in a post piracy world.

The user decides what he or she likes. The user decides how they will tell their friends about what the like. In most cases, it is via social media. And the recording industry is scared of this. It is scared because a social media account has more reach than their marketing efforts. They are scared because the audience is connected to one another and that they are out of the loop.

So when I read an opinion piece from an APRA representative that is all fluff and without any fact, it upsets me. It upsets me because it is misleading. It upsets me because as an APRA AMCOS member, that this line of thinking is the best that they could come up with. Seriously Andrew Harris needs to get his head out of the lies and really take a look at the world. You would expect that a person with a title of Principal Analyst at APRA AMCOS would actually do some analysis.

His whole piece is misleading. From the start to the end.

What streaming services like Spotify have shown is that people that did pirate and paid nothing for the content are now actually contributing to the recording business through the free-ad supported Spotify. It is putting money there where previously it didn’t exist.

There will always be people that will upload and download pirated content in the same way that people bootlegged copyright recordings in the pre-Internet days. Hell, the whole rock and roll movement that swept over the Communist Eastern Bloc in the Sixties’ was from bootlegged recordings.

Furthermore, Napster showed the recording business what music customers want. And 15 years later there still isn’t a legal version of what Napster created. If people want to download mp3’s for free, then allow them to do so legally. If the ads on the pirate sites generated so much money, then why doesn’t the recording industry cater to suit. Instead you get the recording industry with their larger acts locking up their content to capitalise on first week sales because that is still their mentality.

Seriously, since when did copyright infringement become such a dangerous crime to warrant monitoring and surveillance of people’s on line behaviours because the recording industry along with the movie industry are insistent that the privacy of people and their digital footprint needs to be stored and monitored in the name of protecting profits.

The truth is that the recording industry has not delivered on all of the demands of customers.

There are still customers that want to download high quality mp3’s for free. Cater to that market with free advertising and you will see more money enter the record labels pockets.

There are still customers that want to download uncompressed FLAC audio files for free. Cater to that market with free advertising and you will see more money enter the pockets of the record labels. I don’t know how much the artist will end up getting but one thing that is certain, is that the record labels are all cashed up.

And it is possible to compete with free. Free to air TV networks have competed for over 70 years.

Does that mean that sales of a physical product are gone? My answer is NO because fans of bands will always want that special unique deluxe package. The part that some labels like Rat Pak or artists like Coheed and Cambria get and other labels or artists don’t get is that the deluxe package in 2014 is more than a CD with a DVD. Those days are long gone.

In relation to APRA all you need to do is cast your mind back to 2008 when APRA supported an aggressive new copyright law in New Zealand including punishment of persons accused but not proven to be infringing copyright. This position was opposed by artists and APRA members but hey they still thought it was a good idea.

The thing with Andrew Harris and APRA AMCOS is that they get paid when they collect monies on behalf of the songwriters. And the thing is, even though streaming pays the rights holders which in most cases are the Record Labels, where does APRA AMCOS fit in all of this.

The AMCOS arm collects and distributes mechanical royalties for the reproduction of musical works in CD’s, music videos, DVD’s and digital downloads to name a few. So if people are streaming music, what does AMCOS collect? This is from APRA’s sustainability report published in October 2013.

Nowadays, new media accounts for almost 50% of AMCOS revenue, with licensing revenue from digital downloads totalling $26.7m in 2012/13. Revenue from subscription and ad-funded services more than doubled during the year, however, to $1.2m, and most of the world’s major players in that space – including Spotify, Google, Rdio and Deezer –now operate in Australia and NZ.

By comparison, traditional mechanical royalties from the sale of physical product accounted for only $10.5m of AMCOS revenue during 2012/13 – a decline of some $4m over the year – and a figure that is expected to decline further in the immediate future.

And that is the crux of the argument from APRA AMCOS which has been the same argument from the record labels for a long time. Still focused on what they get paid right now without any thought as to what a future with a hundred million paying streaming subscribers could bring to its business. Still focused on CD sales right now instead of a future with a billion subscribers who download mp3’s for free on ad supported legal websites.

It’s a brave new world out there and it is a shame that organisations that make their money from artists/songwriters are not doing their best to push innovation and in turn make more money for their members.

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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit, Unsung Heroes

Eye Empire

“I know that all of you are wondering, what happened to Submersed? Well, the answers is… A lot.. This business and struggle to make it took its toll on the members… Two weeks before “Price of Fame” was slated for release, Tj, Kelan and Justin decided to move on with their lives and left SubmerseD. Garrett and I believing in “Price of Fame” made the choice to press on and see what could happen. Well, nothing happened… the single never had a chance… mind bottling… The fact is, is that a majority of our fan base is unaccounted for due to Burning, making it impossible for the labels to understand just how many people really support us out there… When it comes down to it now, SubmerseD no longer has a place on Windup’s roster and will be dropped shortly… I was trying to wait until things were a little more official before an announcement but you guys and gals are smart and I felt you deserved an explanation now rather than later”

The above is what Donald Carpenter, the singer of SubmerseD put up in 2008 on their MySpace page. Some people call it a whiny rant, however the truth of the post is hidden in the words “making it impossible for the labels to understand just how many people really support” the band. Yep, while Wind Up Records focused on the old business model of CD sales or mp3 sales as a band’s popularity, they ended up failing their artists. Piracy is a black hole that the record labels like to put in their financial reports back to artists that if something doesn’t sell it must be piracy’s fault.

Go on YouTube. The song “Never Again” has had 351,372 views. An acoustic version of the band performing “Hollow” has been viewed 178,498 times. People were listening to the band. Maybe not in the way they hoped or wanted, but they were listening.

For those people who don’t know about SubmerseD. They band was signed to Wind Up Records. Mark Tremonti from Creed/Alter Bridge worked with them. Guitarist Eric Friedman was a key ingredient in the chemistry that made “In Due Time” such a good album however by the time their second album “Immortal Verses” came out, Friedman was gone and the band was dropped by Wind-Up Records after its failure.

So in 2009, Eye Empire is formed. It was a pseudo supergroup of members who had label deals with other bands. The foundations come from Dark New Day members Corey Lowery and B.C. Kochmit. Vocals came from Donald Carpenter. Drums came from a range of other musicians.

So they go the Independent route, self-releasing their music through their website in limited edition 1000 runs. That way they compile an email list of people interested in purchasing their music. YouTube became a promotional outlet. That is how I came across Eye Empire. Their clip of “I Pray” has had 147,120 views. The song “More Than Fate” has had 81,729 views on the Eye Empire VEVO account, 46,447 on the Eye Empire You Tube account, 41,694 on a user/fan account and 72,508 on the Submersed YouTube account. In total, that is 242,378 views.

The band was making inroads and I always say that success comes to the ones who outlast the competition. In this case, the version of Eye Empire that people started to adopt as the definitive band is no more. From when the release of Eye Empire’s second album “Evolve” came out in October 2013 to April 2014, Donald Carpenter, the very reason why I got into the band was out. Lowery, Kochmit and Bennett said in a statement that Carpenter was trying to reassemble a former band which to me means SubmerseD. Carpenter replied with a philosophical “Starting over is always hard but it’s not the first time and I am certain that it won’t be the last.”

The hardest part of change is actually making the decision to change. Once that decision is made then the rest is easy. In relation to Eye Empire, I can relate to the driven aspect of some members not being in sync with another band member.

In the early nineties, I was in a hard rock band that was out-of-place in the Industrial Alternative Nu-Metal wasteland between the years of 1996 and 1999. It was a three-piece band. The drummer wanted to be big as Pearl Jam but didn’t have the work ethic. The bass player/singer was happy playing the club circuit week in/week out as it was a stable income.

Each three-hour gig got us $150 each. We used to play three gigs a week. So $450 in the pocket each week was a good little additional income for me on top of my normal full-time job. However, the bass player/singer and the drummer didn’t have any jobs. So their cash income came on top of the unemployment benefits they received. So our lifestyles were very different. While I had a mortgage, they lived at home with their parents. So the work ethic between us was very different because of the different responsibilities we had.

I practiced my guitar playing each day. The drummer didn’t even practice. The only time he played the drums was at band practice and then live. The bass player always started the jam sessions/live performances sober and by the end was getting pretty tipsy. So again, the drive between us as musicians was different.

I was married and looking to start a family. The drummer was single, in and out of relationships. The singer was separated and had two kids to two different woman. So our personal lives brought different responsibilities to the table.

The song writing was like this. If I wrote a song, I would bring it in complete, with music and lyrics. If the bass player/singer wrote a song, he would bring it in complete. And we jammed them without any questions. So you can see where the arguments would come from later on.

And you get this in bands.

The different work ethics, the different drive of the individuals and the different expectations that they place on each other and the band.

And I am thinking that Carpenter’s definition of success and fame is over exaggerated or over inflated.

Shinedown is one of the biggest rock bands right now and they play two to five thousand seat arenas. Is that a bad thing. Of course not. Maybe if Donald Carpenter was the lead singer it would be a bad thing.

So what about the songs on “Evolve”?

“Beyond The Stars” and “Live Loud” are real good songs. The stand outs by far. “Within” is a good merge of their Sevendust influence along with Muse. “The War Isn’t Over Yet” is an aggressive piece of music. “The Man I Am” is very reminiscent to what Donald Carpenter did with SubmerseD and to be honest it brings back a memory of Deep Purple “Soldier Of Fortune” for some reason. “Don’t Look Back” is reminiscent of “Animosity” era Sevendust. Another quality track.

The other half of the album borders too much on Sevendust. Which is a shame as the potential is there, however it will remain unfulfilled.

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

The Barrier Of Entry

It always pained me to talk about business models with the bands I was in, especially when the business started to change dramatically from the early two thousands.

The other members just believed that someone will find us, sign us up with millions and off we go recording and touring the world. They still had this view in 2010, when after another argument over business decisions, the band splintered apart.

So after I left, they signed a record deal with a small European label for the album that we just finished recording, and they had to pay $1500 Euro for that deal. WTF. After all of those arguments they still didn’t listen to me and they signed away my copyright to the songs that I had written to that label. Guess they just wanted to say to people that they had signed a record deal.

I contacted a lawyer who charged me $300 just for the consultation, however since the band was only a minor league band, it wasn’t worth pursuing in the courts and attempts at any mediation to have me set the record straight and get back my copyrights ended with further arguments and fisticuffs.

The songs in question are songs that I wrote for previous bands I was in and had them registered with a performing rights association years before my most recent band was even formed in 2008. So imagine my surprise when the performing rights association contacted me in 2010 saying that my ex band members have put in claims as songwriters. Even the bass player that joined after the album was finalised put in a claim for a 25% share of the songwriting.

The ugly truth of being in a band.

Just in case aliens are visiting the Earth right now, the “old record label business model” was to identify an artist, put them in the studio, release their recording on a format that a customer could take home and hope that it connects with an audience. That is what my ex-band mates wanted to happen to them in 2010.

This was the principle revenue stream for a very long time for the record labels. It was the sole purpose of their existence. Now that physical product is a loss leader. It has been reduced to an advertising tool to help the artist build a fan base and sell the live show.

Withholding an album from Spotify in the way that Coldplay or The Black Keys are doing is the wrong line of thinking in 2014. It’s back to the old paradigm of “windowing” and maximizing sales through physical retail or download stores first and then moving over to the streaming service when those sales die down. Windowing is still employed by the TV and Movie industry with zero degrees of success and a high rate of piracy.

However, Coldplay did release the singles to Spotify, so it’s no surprise that “Magic” has been streamed more than 55 million times on Spotify. To me, it seems that the recording industry is trying to re-create that “BARRIER OF ENTRY” around how they distribute new music today.

You see the music business once upon a time had a thing called “THE BARRIER OF ENTRY”. This barrier of entry was around which acts got picked up and which acts didn’t. This barrier of entry was also around which music was released and which music wasn’t.

Now the record labels could argue that this “barrier of entry” was the reason why the music coming out of their stables was of high quality. You know the model I am talking about, the one where the artist got lucky because they had some look that the label could exploit and by default they ended up getting a record label deal and the only way to hear all of their output was to buy an overpriced CD. And now those labels are not raking in the cash they used to get and they are blaming piracy.

Let’s look at three superstar acts today and how the show artists today, that the barrier of entry didn’t exist for them, because if you want it, you will do anything.

Metallica

“Kill Em All” was independently financed through independent record label Megaforce Records. Megaforce Records was founded in 1982 by Jon and Marsha Zazula solely to publish the first works of Metallica. The Zazula’s even had the Metallica guys living in their house because they believed in the music and the attitude.

Even Metallica’s “Ride the Lightning” album was recorded and originally released in 1984 through Megaforce Records. A few months later, Metallica signed with Elektra Records who re-released the album.

Motley Crue

The first album “Too Fast For Love” was independently financed via their own Leathur Records imprint in 1981. Leathur Records was a small imprint owned by the band and their original manager Allan Coffman. It was actually Coffman that coughed up the funds for it all.

Elektra Records signed the band the following year.

Five Finger Death Punch

“The Way Of The Fist” was recorded, produced and financed by the band members themselves. Once the album was done, they ended up getting a small independent deal to release the album. In its first week of release it did nothing, but four years later, it was certified GOLD for sales in the U.S.

Only after those bands had proven themselves as viable options did the major Record Labels commit to them. Because they saw dollars and profits. Nothing else.

What all of the bands above had was a product that was ingrained with a cultural movement.

Today, we have musicians promoting themselves on Facebook, Twitter or other social media outlets and in reality they still do not have an actual PRODUCT that connects. Getting 10,000 likes doesn’t mean 10,000 fans if no one is talking about your product or sharing what your product with others.

Don’t blame piracy, blame the lack of product because there is so much product out there today, we normally don’t go back to something we checked out once and didn’t like.

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

Some Truths

Music is cultural. It was always possible to identify people’s musical tastes by the clothes they wore and the style of their hair. Our musical identity was a source of pride.

The definition of a casual music fan twenty to thirty years ago meant having a high music IQ and typically purchasing a seven inch single on a weekly basis. The definition of a casual music fan today means having a lower music IQ about who was involved in the song’s creation and focusing all on the song.

Nobody owes a musician a living.

What is valuable is subjective.

From the beginning of time, musicians always made money from public performances.

Copyright at its basic level ensures that people receive compensation for a valuable good that they spend time and energy to create. This creates an incentive to put more time and energy into producing new work. Longer Copyright terms do not benefit the original creator in any way whatsoever.

People start to create for the sake of creation rather than money.

Whether people want to admit it or not, every song that is written relies on some sort of connection to past works.

Piracy has never been the problem. The RIAA just found it convenient to blame Piracy. It was all a smokescreen to fool the politicians into action so that they can get control back over the distribution/gatekeeper monopoly they had.

Recording revenues never recovered because it turns out that most people just want the best songs and not all of the songs.

There is a big difference between getting paid a “living wage” and earning one. Just because a musician creates a song or records an album, it doesn’t mean that you need to get paid a living wage. You need an audience that believes that you have provided a service to them by releasing your music.

Music is a form of entertainment. It is not an essential service and today we take in entertainment in mega-doses.

Music is something people choose to do free and money is a by product of doing music.

A wage is something your employer pays you for doing your part in bringing him profit.

If you want a wage for playing music and you are not a superstar act, then you need to put in your 40 hours a week. Be a music teacher, gig every day.

Being paid is good, but being known is better.

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

The Economy Of Attention Means….

Every corporation in power, when faced with the inevitabilities of competition, have a nasty habit of pushing backwards. They assume that by killing off any competition before it gets some momentum, that they have done enough to protect their business models. They assume that if they lobby or bribe hard enough and get even more draconian laws passed, it will give them more power to prevent any further problems down the line.

But change is eternal. It is progress and it cannot be stopped. Try as the corporations will, change always happen.

The recording industry built an empire decades ago based on the control of the media and the distribution chains. From time to time, different genres and social movements captured the public imagination and as is the norm, the record labels would swoop in, exploit the genre for what it’s worth, oversaturate the market with similar sounding bands and then when the market place was so diluted the labels would then move on to the new genre that is causing waves and repeat the whole cycle.

How quickly was PUNK abandoned for the NWOBHM. Then how quickly was the NWOBHM abandoned for the LA Glam Rock scene. How quickly was the rock scene abandoned and Grunge embraced. Then Grunge had a three-year reign at the top before it was abandoned for another genre.

Of course, that way of doing business was all based on the record labels controlling everything. So then comes a little thing called Napster and decades of record label control just blows up in their faces.

Teenage kids have now built a better system. The kids have built a system that sees artists having the opportunity to create and release music without gatekeeper approval. The kids have built a system that said to the record labels, we want music in these formats and we want it twenty-four seven.

And the system allows for the transitioning of power and control back to the audience and the actual creators. That is the problem the record labels have with the internet. The piracy is the argument they push forward, however the real problem is the lack of control and power they have over the distribution chain.

The audience will get the music they want in any way they want. Instead of putting up roadblocks, the record labels need to build bridges connecting everything together. Napster showed the recording industry that people want mp3’s to download and that they want to do it for free. Napster and the rise of peer-to-peer downloading showed the recording industry that people want to format shift their music files.

It should be the norm that in 2014, if a person still buys a physical CD or LP of the artists, that same person should be able to download that whole album via a download site that the artist controls. Coheed and Cambria did that with “The Afterman” releases. Amazon offers it via the AutoRip option however not all artists opt in.

It should be the norm that in 2014, if a person wants to download an MP3 rip of an album for free, they should be able to do it. If Pirate sites make so much money from advertisements, then why don’t the record labels provide the same service that they pirate sites provide and even reward those uploaders for continuing to spread culture instead of locking it up.

The audience wants to support the artist however they do not want to line the pockets of the record label bosses while the artist they love gets a pittance for their creations.

Let’s think about why record companies came into being. Printing records is expensive. Distributing music also used to be expensive. Hell, even recording used to be expensive.

Now, a single person can do all of this themselves for very little money.

Why do we even need record companies anymore?

Their sole purpose in this day and age is that they have the resources to still make artists visible. However Spotify showed the world that it can also break a super star. Lorde is a perfect example. She was the Queen of Streaming for over three months before the major label recording industry and the outdated Billboard charts came knocking.

And the economy of attention means that any artists that gets a chance to be heard above all the internet noise really has one shot to impress.

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

A Storm Of Record Label Investment. What About The Artists?

Yep the labels are at it again. Using money that should be paid to their artists to buy shares in another technology company.

Yep the labels are using the power that they have amassed by locking away copyrights for what seems like a lifetime to purchase shares in technology companies.

This time around Warner Music Group, Universal Music Group and Sony Music Entertainment have each bought $3 million in shares in Shazam Entertainment on top of the stake they own in Spotify.

The record labels still scream that there is no money in the recording business because of piracy.

Yet, Universal Music has also purchased shares in Beats Music and when the Apple billion dollar purchase is complete, it will be even richer.

Yet, the labels spend artist money to go to court via the RIAA against pirate sites.

Yet, the labels spend artist money to hire a company to send down digital take downs.

Yet, the labels spend artist money to lobby hard, in other words pay, for politicians to write stronger copyright terms and enforcement.

Yet, a recent IFPI report shows that the labels invested $4.5 billion in artist and repertoire.

The question is, if there is no money in the recording business,then why would the record labels spend so much money on artist and repertoire.

Because artists are the lifeblood of the music industry. And it is artists that make the record labels money.

The record labels have purchasing power because of the artists.

The record labels have status because of the artists.

The artists have made the record label executives more wealthy than the best-selling artists.

So if the record labels own shares in Spotify and Shazam, does that mean by default, the artists also own those shares.

Of course the answer is no, but it should be yes.

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

How Do You Know If An Album Is Successful?

You are an artist performing solo or within a band.

You decide to record an album.

You spend time and effort writing, recording, producing, mixing and mastering your latest opus.

You do some promo and release it.

Then what do you do.

It doesn’t sell what you expected. Once upon a time, the definition of a successful act was based on how many records they sold.

Sebastian Bach still can’t get his head around why he has 800,000 Facebook Followers and only 6000 people in the U.S purchased his new album “Give Em Hell” in the opening week. For the record, it is a great album. I have heard the album, but I didn’t purchase it. I went to Spotify and streamed it.

So if it doesn’t sell as expected, it doesn’t that mean the album didn’t do well. What it means is that fans of music have consumed it in many different ways. I actually liked it enough to go onto Amazon and add it to my shopping cart. I haven’t purchased it yet. I will wait until the price drops below $10 before I do. And then it will go on the shelve in its wrapper.

In this day and age sales can never be used a metric for success. However, if there are songs there that are undeniable and an audience starts to resonate with those songs, then expect to sell.

Five Finger Death Punch came out in the piracy era. In the same era that has greedy corporations telling politicians that piracy is decimating the music industry.

Well, this piracy era hasn’t stopped Five Finger Death Punch from moving over 500,000 units in the U.S alone for each album. Yep that’s right, Five Finger Death Punch have been selling records since their debut album came out in 2007. Even the recent “Wrong Side of Heaven” Volumes 1 and 2 are moving close to the 500,000 mark for each of them. Combined these two albums have moved over 700,000 units.

So I am really over bands or artists who lament that no one buys their music. People do buy music. People do stream music. People do download music without paying for it.

And all of those people who access an artists music both legally and illegal will also invest in concert tickets and merchandise. They will even invest in REAL limited/deluxe edition perks. Not the kind of perks that just come with a DVD or a T Shirt.

Artists should take a leaf out of RatPak Records. They have various packages available with each release and at a price that isn’t extortion.

In my opinion, an album can be defined as a success if people are coming to the shows and singing the songs of the album.

WASP released “The Crimson Idol” in the early nineties. Commercially it didn’t do anything however if you talk to any WASP fan and I bet you they can sing the songs from that album. In 2014, it is seen as Blackie Lawless’s finest achievement.

Machine Head released “The Blackening” in 2007. It didn’t sell in the millions, however it allowed Machine Head to go on a three-year victory lap on the back of it, touring the world over and over and over again. It was hailed by Metal Hammer as the album of the decade. It is also seen as Machine Head’s definitive masterpiece.

One of my favourite independent bands “Digital Summer” have been managing their own career and their own releases with great success. Recently they just had a run of dates with Volbeat and Trivium. Prior to that, they have done tours with Shinedown, Three Days Grace, Three Doors Down and many other acts. They have done shows on their own. And they manage themselves. They finance their own recordings. They ask their fans to help out via fan funding campaigns. So big deal if their albums haven’t sold in the millions. They are over 10 years deep and still rocking.

So how do you know if an album is successful in 2014?

If people are listening to it, coming out to the shows and singing the songs.

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A to Z of Making It, Classic Songs to Be Discovered, Derivative Works, Influenced, Music, My Stories, Piracy, Unsung Heroes

Criss Oliva – Even When The Crowds Are Gone, The Orchestra Will Never Stop Playing

With all the memories and tributes to fallen rockers that have passed away during the internet age, it seems that the ones that passed away tragically previously are more or less forgotten by the masses unless they were part of a superstar act or where the superstar act themselves.

And this brings me to the guitarist known as Criss Oliva who tragically passed away on October 17, 1993 when a drunk driver crossed the road and hit Criss Oliva and his wife head on.

The “Gutter Ballet” LP was my first introduction to Savatage. I actually purchased the album based on the excellent album cover by Gary Smith. The picture of the guitar through the top part of the piano was the initial connection and then the picture of the guitar in the trashcan with a rat climbing on it on the back was the final deal breaker that made me decide that I had to part with my money to purchase the album.

I purchased it from a market stall for $10 which was cheap for Australian standards as the retail shops were selling LP’s for $20. Hence, every Saturday, I would catch a train or a bus to the Saturday markets and stock up on LP’s. A lot of the cases it would be LP’s that I had a copy of on cassette and in some cases it would be a “leap of faith” purchases.

Yes, fans of music pirated back then as well. That is why blank cassette tapes proved to be lucrative business for the manufacturers.

I remember staring at the cover on the trip home, then walking briskly up the hill, getting into the house all sweaty from the hill walk, breaking the shrink-wrap and dropping the needle.

I was immediately blown away.

I found out years later that it was the bands fifth full length album. How many bands in 2014 would stick around for five albums? I was reading the album credits, looking for names I might know from previous albums.

Jason Flom seemed familiar, however it was the name Paul O’Neill that made a connection with me as he was also part of the debut Badlands album.

This album was a true turning point for the band.

It didn’t sell in the millions, but a classic album it is none the less. When I talk about Savatage to people, this is the album I put on. The reason why it is so magical is that it captures the transition that the band was going through perfectly. It still pays its respect to their past sound and it also paved the way for their future-direction. And that is what music is all about, a snap shot of a certain point in time.

“Gutter Ballet” also became a leader for a new genre that incorporated power metal with orchestral/symphonic flourishes.

“Of Rage And War” kicks off proceedings with helicopters and other sounds from the various war machines. The whole intro reminds me of Megadeth. The song is about transforming powerlessness into anger.

Better listen to me you son of a bitch
Better disarm those missiles sleeping in the ditch
You have no goddamn right to do the things you do
The world would be a better place if we were rid of you

It’s progressive and aggressive. It’s thrashy and snarly. It’s melodic and chromatic. It is a metal song of the angriest order and it made the impression on me that I purchased a full-blown thrash metal album.

Wasn’t I wrong.

“Gutter Ballet” is the epic six-minute anthem. It starts off with that melancholic piano intro in the key of D minor and then when the guitars come in along with the head stomping drums, the song transitions into a unique groove of “hard rock” clashing with “classical” and “classical” clashing with “symphonic” elements. It leaves an everlasting memory.

After the brutal power of ‘Of Rage and War’, the quiet piano intro surprised me as well as the subject matter that deals with the reality of the streets.

In the end it is the guitar the drives the song along. Check out the whole section before the lead break, then the lead break itself and then the syncopated parts coming out of the lead break. It’s perfect and the legato phrasing is liquid like melodic.

The title “Gutter Ballet” actually came from a play that producer Paul O’Neill had written in the early seventies, which of course went on to become the basis for the “Streets” concept album that followed “Gutter Ballet”.

Another sleepless night
A concrete paradise
Sirens screaming in the heat
Neon cuts the eye
As the jester sighs
At the world beneath his feet

“Temptation Revelation” follows and it is an instrumental. At one stage it was the original title for the LP. The guitar work from Criss Oliva again makes it. It has this Euro-Vibe style of guitar playing. A favourite of mine at that time was John Norum who in 1989 was the ex-Europe guitarist, who was also moving onto a solo career and in between he worked with Don Dokken, Glenn Hughes and other high-powered vocalists.

“When The Crowds Are Gone” is one of the best ballads, ever. Jon’s melancholic voice carries the song as it is filled with genuine emotion. To explain what the song is about, this is what Jon Oliva told Metal Hammer in February 1990;

“It’s the life story of a musician who has been trying to become successful all his life. In vain, of course and so finally he breaks down. How, that’s not the main issue, because this can happen in many different ways. Suicide, an overdose of drugs…

I’ve seen it happen around me, so I know what I’m talking about. And that goes for our producer, Paul O’Neill, who helped me write the lyrics, as well. He also knew musicians who went down because of the lack of success.

The musician that this song is about spent his whole life composing one song, that was meant to be his absolute masterpiece. Finally, he completes the song, but then he’s too old himself to accomplish anything with it. He’s past the height of his glory.

Then finally when the song gets airplay, it is too late, because it is at his own funeral. The way its written, it is of course purely imaginative, but the reasons to write the lyrics the way they were, unfortunately are very true. It has cost me a lot to sing this song. Because it was so personal, and because I wanted it to carry the right emotion, vocally. Listen to the end of the song, then you’ll understand what I’m talking about.”

I don’t know where the years have gone
Memories can only last so long
Like faded photographs, forgotten songs

“Silk And Steel” is another instrumental and it reminds me of “Air” from Jason Becker. Another guitarist that in this case was tragically struck down with a terminal illness. “Silk And Steel” is a highlight as it features Criss Oliva’s at his “Segovia” best. A virtuosic, lively and carefree performance.

Side one ended and I needed to replay it before I moved onto side two. That is how music should be. Replayable over and over again.

“Shes In Love” kicks off side 2. The only song with weak lyrics, however it is important to note its place in the Savatage canon and an ode to the Accept style of Hard Rock/Metal that Savatage also dabbled in.

She likes what she sees
Starts to drop to her knees
Gazing with an appetite
Licks her lips in sheer delight

“Hounds” was an inspiration to me as a guitarist. I used the songs structure as a template for songs that I would write back then. I loved it’s epic feel and under it all there is this doomy technical atmosphere.

The lyrics are pure fantasy, however if you want to attach it to a rock n roll story, look no further than Robert Johnson and the hell hounds chasing him.

Do you hear the hounds they call
Scan the dark eyes aglow
Through the bitter rain and cold
They hunt you down
Hunt you down

“The Unholy” could be from any classic metal album. The whole intro at first reminds me of “Lucretia” from Megadeth.

Another song that deals with fantasy, and about the way evil came to earth.

In distant ages long ago
Before the birth of Christ
Lived a race trapped in soul
Terror on the rise
United beyond the storm
They ruled the astral plane
No one could stop them
They wouldn’t fall
In a while they would soon reign

“Mentally Yours” sounds like an Alice Cooper song. Even the lyrical themes are very shock-rock Cooperish and it kicks off a concept suite, however since I was the owner of the LP version, I never heard the final song until years later.

His tension life
He beats the wife
Doused the cat with gasoline
He’s rather try
The other side
He just has to get away
That’s when it all began
Timmy lost his mind
Was just a matter of time
Before he went crazy

“Summer’s Rain” is another great ballad. In the theme of the concept story, this is how Jon Oliva explained in that Metal Hammer February 1990 interview.

“‘Summer’s Rain’ gets deeper into the relationship between Timmy and his girlfriend from ‘Mentally Yours’ (the previous track on Gutter Ballet). Timmy already is twisted, but when he finds out that she’s cheating on him he totally loses control. In the end, she leaves him and Timmy ends up in a mental institution. Like I said, totally made up, but these things happen all the time here in the States.”

Scars are the wounds that we show
Time only heals
If you’re letting go

Criss Oliva is one of the most emotive and eclectic metal guitarists. The album is littered with so many different guitar techniques.

– Emotive guitar leads on “Temptation Revelation”
– Acoustic Fingerpicking on “Silk And Steel”
– Thrash, angry snarly riffs on “Of Rage And War”
– Classicalisms and hard rockisms on “Gutter Ballet”
– Melodic harmonies on songs like “Summers Rain” and “When The Crowds Are Gone”
– Epic progressive metal on “Hounds” along with a bit of Black Sabbath doom.
– Classic power metal on “The Unholy”.
– AC/DC meets ACCEPT style of hard rock on “Shes In Love”

All in all, if metal is your taste then you need to hear this album. If you are a genre hopping musical fan, then this album is a must for the metal genre.

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

Price, Piracy And “The Stealing vs Copyright Infringement” Argument Again

Australia (where I reside) is always mentioned as a leading country that specialises in copyright infringement.

So it comes as no surprise that the latest Attorney General, George Brandis flush with lobbying dollars from Village Roadshow (Village was part of a failed court case two years ago against iiNet, in which the High Court ruled that iiNet as an ISP had not authorised copyright infringements) is pledging to do something about these “pirates”.

You see, Brandis and Village Roadshow are two such entities that have grown up with the notion that because they have made a profit out of the public for a number of years, that it is the duty of the government and the courts to guarantee that such profit remains the same in the future even in the face of changing circumstances and contrary to public interest.

If Australia does have a massive problem with piracy, one way to solve it would be to provide a legal alternative that is like “The Pirate Bay”. The evidence is right there in front of the content industries. People like to download content. So why don’t they run ads and allow people to download content for free.

Instead Village Roadshow chief Graham Burke just keeps on lashing out against Google for not doing enough to curb piracy. He lashes out at Google for not doing enough to protect his profits. He keeps on emailing the Attorney General for a graduated response scheme funded by the ISP’s even though evidence from all over the world clearly show that these schemes do not work.

On the point of prices, there is a war going on in Australia right now in relation to the prices that Australian audiences need to pay for movies, software, mp3’s, ebooks and devices. Our consumer watchdog even took the drastic step to tell Australian consumers to use a VPN so that they could alter their IP address.

The main talking point doing the rounds the last few weeks is the price of a movie ticket. In Australia, the main cinemas charge $16 to $20 a ticket while Independent cinemas are charging between the $8 to $12 price range.

Graham Burke (yep that same person mentioned above from Village Roadshow) is on fire. Check out some of his quotes;

“In Australia we pay approximately $23 an hour for our people; in America, where we operate cinemas, it’s $8 an hour.”

Umm, the last time I was at the cinema I was served by 16-year-old workers, who are earning nowhere near the $23 an hour figure. More like $15 an hour.

“It’s like going into a bookshop through the back door, and taking all the books out. It’s something that needs to be addressed and is being addressed in democracies throughout the world.”

No, copyright infringement is nowhere near the same as taking all the books out of a book store. Once the book is taken out of the book store, it is gone forever and no one can use it again. When music is infringed, the copy is still there for others to download and share. No one has taken anything away. All they have done is made a copy.

To put Burke’s argument misleading quote in context, Copyright Infringement is going into a bookstore, copying the book you want and then walking out, leaving the original book still there for others to use, share and copy.

The problem with recorded music is the supply vs demand argument.

Let’s use 30 Seconds To Mars as an example.

Their music is available for downloading, both legally and illegally. Their music is available on YouTube, on official channels and unofficial channels. Their music is available on streaming sites like Pandora, Spotify, Beats, iTunes Radio, Rdio and many others. Their music is available on vinyl and CD.

There is a large supply chain there and the demand is not centered in the one place anymore.

Streaming is the future because consumers want music to be free. This is the cold reality and artists need to accept that.

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