Category Archives: Stupidity

Copyright, Derivative Works, Music, My Stories, Stupidity

Even More Abuses Of Copyright

Copyright, copyright, copyright.

What kind of world do we live in, where a law that is meant to give a creator a monopoly on their works and encourage creativity for a certain period of time is being used for everything else except creativity.

First up is Axl Rose. In the past he has used copyright (via the DMCA Takedown Notice Scheme) to shakedown websites over album leaks and now (via a shonky firm called Web Sheriff) is using copyright to take down unflattering pictures of himself.

Here we have a Government law, (the DMCA) used in the name of copyright as a censorship tool without any consequences for fake claims.

Next, is a company called Smart Circle who is going after a WordPress blogger that is critical of the company. It looks like Smart Circle didn’t like seeing pictures of their Executive Team with devil horns and fire put up on the blog. So of course, the company sent WordPress a takedown notice, however WordPress left them online. Freedom of speech and fair use comes into play here. As the Torrentfreak article states;

Not pleased with this decision, Smart Circle asked the court for a DMCA subpoena against the blog owner, which a clerk has now signed off on. This means that the company can compel WordPress.com to hand over the personal details of the blog owner.

Yep, it’s nice to see how copyright gets abused to take down the voices of others.

Next.

AMC, the creator of “The Walking Dead” TV show and HBO the creator of “Game Of Thrones” are ramping up their abuses of copyright to take down websites that are “predicting” what would happen or who would die in the TV shows. In both instances, AMC and HBO are accusing the people behind the websites/Facebook pages of violating copyright law.

“What the?” is the first thing that comes to mind. Here the DMCA is being used in the name of copyright to silence fans of the TV shows from talking about them.

For “The Walking Dead” forum users, if they post who they believe their Lucille victim is and if they are right, then AMC will sue them. Well anyone who has read the comic books or gone to Wikipedia to catch up on the comic book stories will see that Glen is the Lucille victim. If the TV show chooses to run with that storyline then it’s no big secret is it.

So how does writing about it, lead to a copyright claim. Remember, copyright was designed to encourage creativity. It wasn’t designed to be used in a ridiculous manner by taking down websites/forums/Facebook pages, predicting what will happen in a TV show.

Then we have the many cases happening about “plagiarism” or “copyright theft” or “influence”.

“Stairway To Heaven” is going to court, almost 50 years after the song was released. Was copyright created to serve the heirs of creators and be used as a pension fund by these people.

Ed Sheeran is going to court because two Californian songwriters claim that they were ripped off. In a nut shell, the songwriters wrote a song called “Amazing” which was used by an X Factor winner and retitled “Amazing 2”. The songwriters then claim that “Amazing 2” was copied by Ed Sheeran and called “Photograph”.

“The chorus sections of Amazing and the infringing Photograph share 39 identical notes — meaning the notes are identical in pitch, rhythmic duration, and placement in the measure.”

Is Copyright designed to sue anyone who has a hit song because your song failed?

Of course not.

But every artist pours their blood, sweat and tears into their songs so they must be entitled to a piece of the pie in some way.

Their songs are their children so they must be entitled to something if a song that sounds similar to their song makes a connection with audiences. The fact that the songs these artists created in the first place are based on other songs that came before doesn’t seem to make it into the conversation.

Which is sad.

Jimmy Page is testifying that the passage in “Stairway” is a thousand years old and generational. However in a courtroom, in front of people who have no idea how music works, Page’s comments don’t hold much weight. These people don’t understand that music is a sum of many influences that our brain mixes together and when we create music, our brain blends what we have heard and stored and what comes out is unique and original. Their might be some overlap here and there, but doesn’t equate to plagiarism.

And when the same jurors are asked to assess the two songs based on various legalities, Page’s comments don’t benefit his case at all.

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Music, My Stories, Stupidity

Five Finger Death Punch vs Prospect Park

Five Finger Death Punch changed management a few years back from Jeff Kwatinetz/Prospect Park to Allen Kovac/Eleven Seven. In the music business, Kovac has an envious reputation amongst other managers for getting the best financial outcome for his clients.

I think it is safe to assume that Kovac has gone through all of the contracts that FFDP has with Prospect Park and found “issues” that did not benefit FFDP in any way whatsoever. So the FFDP camp questions it and they get hit with a lawsuit from the record label who once upon a time was also their management.

Don’t you love it, when the label sues the band that made it famous?

No one even knew who Prospect Park was before Five Finger Death Punch.

Prospect Park didn’t even pay for the first album. FFDP recorded their first album on their own budget.

Once it was all done and mastered, they shopped it around for release and distribution. They found “Prospect Park”, who put some money in to market it and after it was released, it sold a massive 3,800 copies in its first week.

The album was basically dead after week one. Fantastic work by the record label and Jeff Twatnets to promote it.

However, the guys in FFDP had contacts and suddenly they are on tour with Korn and then Disturbed. I think it’s safe to say those two bands did more for the band than the label. And FFDP haven’t looked back since.

Once “The Bleeding” started to get traction on radio, the debut just started selling. People were suddenly talking about the shows and spreading the word. It wasn’t the label that did it. It was the band themselves, putting in the hard work, on a small stage, night after night. Then it was word of mouth by the fans. The band became popular and so did the label.

Kevin Churko said it best;

“Nobody in the music industry has any job without the artist.”

FFDP has made Wankerwiener from Prospect Park a rich man and like all people who come into money, they don’t want to lose it. They will fight tooth and nail to keep it. They will lie, cheat, sue and steal to keep it.

In fact if you look at the businesses that Jeff Wankerwiener/Twatdance/Kwatinetz has been involved in, you will see a sinister pattern. He was the founder of management company “The Firm” in 1997. This is the company that signed FFDP in 2007. in 2008, “The Firm” ceased operating due to high levels of debt. Several months after “The Firm” was closed, Kwatinetz founded Prospect Park and by 2014, Prospect Park had declared bankruptcy.

What a world we live in where a person who cannot manage his companies can contractually stifle creativity of an artist.

And Churko shares no love for the record label.

“Having worked with many record companies, I found it frustrating that Prospect Park repeatedly did not pay me on time. I feel if it wasn’t for the direct efforts of the band members themselves, their management and their business manager, I may still remain unpaid. They were champions for me from the beginning and I’ll be a champion for them to the end.”

Record labels are notorious for mistreating artists and producers. Late on payments or not paying at all. Creative on royalty statements and not paying at all. Remember when 30 Second To Mars was being sued by their label for $30 million just because they questioned why they had so much debt after “A Beautiful Lie” sold 3 million plus copies of the album.

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

Plagiarism

“There was really just one song ever written and that was by Adam and Eve. We just do variations”

Keith Richards as he was inducted into the Songwriters Hall of Fame in New York in 1993.

That my friends is music in a nutshell. All forms of art is inspired by the past. And then corporations came looking to profit from art and they lobbied the governments of the time to start writing laws. These laws would get enhanced until it got to a stage where the laws only benefit the corporation that controls/holds the copyright of the artist.

The word plagiarism in music is a dirty word.

If you look at a dictionary like the MERRIAM-WEBSTER ONLINE DICTIONARY, plagiarise means;

  • to steal and pass off (the ideas or words of another) as one’s own – Isn’t this what Sharon Osbourne did in Ozzy’s name for “Bark At The Moon”. Bob Daisley and Jake E. Lee wrote the album and Sharon had Ozzy listed as the sole songwriter.
  • to use (another’s production) without crediting the source – Isn’t this what Metallica did with “Enter Sandman” and “Welcome Home”. Kingdom Come did it. Every British Rock Invasion did it with the Blues of the 30’s and 40’s.
  • to commit literary theft – Isn’t this is what Robert Plant did with some of his Led Zeppelin lyrics.
  • to present as new and original an idea or product derived from an existing source – Isn’t this is the whole history of music. There is a pretty good chance that latest album of your favourite artist was influenced in sound and feel by songs of the past.

In music, if you play the notes A, B, C right after each other, you are technically playing the first three notes of a musical scale. And there is a 100% chance that those same three notes will appear in someone else’s song or have already appeared in a song written in the past.

So should we credit the person that came up with the Aeolian scale thousands of years ago for those three notes?

But if I was writing an essay I am required to credit anything that is the same as something that came before.

But what about the millions of songs that have A, B, C in a lead break or in a vocal melody or in a riff?

See how silly it gets when you start to use a scholarly term like plagiarism in music. Based on it’s dictionary meaning, then plagiarism has been around in music since the dawn of time.

But plagiarism is relevant these days because our culture believes it owns everything. We believe our ideas and words and stories are so original, we worry that others will “steal” them from us in some way and make millions of dollars from them, while we make nothing.

The fact that other people in the world are thinking the same ideas or writing similar words or living a life similar to ours, doesn’t even come into the equation.

And while plagiarism does exist in academic/literature circles, it really doesn’t exist in music. Because music is a sum of what came before it. If certain songs sound too similar, then that is copyright infringement and it exists in music.

That is what Vanilla Ice did when he lifted the bass line from “Under Pressure” and called it “Ice, Ice Baby”.

But when I hear Five Finger Death Punch lift the vocal melody from “The Ultimate Sin” and re-use it for two lines in an eight line verse in “Lift Me Up”, I call that “influenced by music that came before to create something new.” In other words, it is a derivative work.

But with so much money in music, especially around hit songs, the lines of inspiration have been reclassified as theft/plagiarism. Copyright infringement is now all about censorship and piracy.

And what you have is a jury of non-music experts setting precedents that blur the lines even more. And you have heirs of artists suing to protect their pension incomes, when the songs their deceased parent or grandparent wrote, should be in the PUBLIC DOMAIN as Copyright intended them to be.

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

Albums

Is the album format really over?

The old way of spending half a year recording an album, then going on a marketing/promotion tour before its release, so you could have massive first week sales just doesn’t work anymore.

Protest The Hero were in my face for six months, with their “Pacific Myth” Subscription via Bandcamp. One song was released each month. It was brilliant. We (the fans) focused on each song for a month. We talked about each song and then when the conversation was over, we got hit with another one.

On top of that, we also got a video each month that covered the “Volition” fan funded album cycle. Further to that, we got drum through videos, food cooking videos and guitar tabs for the songs.

The band should keep at it. Not stop. Release a jam cover song here and there, write a stock standard metal song in the vein of Metallica’s “Black” album, put some demo’s out there of a work in progress, release a live recording and so forth. The band could be doing all of the above, while they now promote the vinyl/EP release of “Pacific Myth”.

Which brings me to the album.

I am really forming the view that the album is purely for the record label. It’s the only way the labels know, how to get an artist to sign away their copyrights to them, so the label could reap the benefits for hundreds of years after. In other words its a pure cash grab for the label.

The new way is to be making new music constantly and releasing it. But it wont happen because there is always a view that each release needs to be monetized to maximum.

But for an artist, how does the album cycle work.

They will release the album. It might even chart. A month later no one apart from the hard-core fans care about it. We move on. And that year the artist spent refining those twelve tracks, only got them four weeks’ worth of attention.

So what now.

They might go on tour and the album might come back into the conversation.

Is anyone talking about the new album from Three Doors Down, four weeks after it was released?

The answer is NO.

But people are still talking about Five Finger Death Punch. “Got Your Six” is still selling units and it’s getting streamed. “Dystopia” from Megadeth is still in the conversation, four months after it was released. “Immortalized” from Disturbed is still selling on the back of “The Sound Of Silence”.

For some bands, the album works and for others it doesn’t.

But, what is clear, is the game has changed.

Artists need to be making music constantly. Artists are musician’s first, business people next.

So what is the purpose of the album?

The album is for the hard-core fans. If an artist doesn’t have a track that converts people, they will need to go back and keep on writing. Because for an artist to survive, they must always be gaining new fans while they keep their existing fans.

And the MTV world of global superstars is gone. Over.

No one dominates like the times of old. Chaos is the world we have right now. Previously magazines like Hit Parader, Circus, RIP, Metal Edge, Faces would tell us what was important. Then those magazines sold their pages to PR companies controlled by the labels and the fans ignored them.

Now we are overwhelmed with content and there is no worldwide ranking to tell us what to tune in or out off. Hell, I don’t even know when new music is coming out from my favourite artists, until it hits my Spotify new releases. And that’s not always on release date. Tremonti is a perfect example. The new album “Dust” has been out since April 29, however it is being withheld from Spotify.

Why?

I pay my monthly fee and for some reason, I’m being punished for it by the artists I’m trying to support. Talk about treating fans like shit.

But YouTube who pays much less has fan uploads of the album and pirate sites who pay nothing have a torrent up.

So chances of getting traction are slimmer. It’s a level playing field.

Good is no longer good enough, not if you want to get ahead.

Remember when Dokken broke up and we had Lynch Mob and Don Dokken albums. They were good and it’s debatable if they were great, because great is such a subjective word. But in the end, the albums of both bands had a lot of crap in them.

Which brings me to the question?

10 to 12 tracks packaged in an album every 2 years vs 4 songs in an EP every 3 months.

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

Scott (Stealing) Ian

Piracy, Copyright Infringement, Plagiarism, Website Blocking, Trans Pacific Partnership (TPP) and on and on it goes.

Why would anyone create music?

The record labels via the RIAA have screamed black and blue that piracy is decimating the business. They fought tooth and nail against every digital service and start-up. Yet year after year, it was digital music that was making a fortune for them, because all digital monies are pure profit. There are no manufacturing costs (like vinyl and CD’s), there are no warehousing and distribution costs and there is no breakage.

Remember Napster. It showed the recording industry what the majority of customers want. Access to cherry pick the song they want and access to listen to whatever they want. 17 years later, you can say that what Napster started has almost become a reality. The only outlier is that people still want to download mp3’s for free.

Which brings me to Scott Ian!

Can someone please explain to him what stealing really means because he is making metal heads look stupid and uninformed?

Downloading a copy of an mp3 is not stealing because the mp3 is still up on the web for streaming, purchase or downloading. If anything, it is copyright infringement.

But the question that he fails to ask is why are fans of Anthrax downloading their music illegally?

Is it because;

  • They download music and have no intention to pay for anything, not even a concert ticket of the said artist?
  • They download music because they have no other way to get it?
  • They download music because they have no other way to get it and they will purchase the CD eventually and even a concert ticket
  • They download music because they don’t want to pay Apple to download it, but they want it on their phone, and have every intention to purchase a concert ticket when Anthrax hits their town?

I can go on and on with different types of viewpoints of fans.

The value of music was originally inflated, because we, the customers had to buy an album worth of songs for the three, maybe five good songs. The hard-core super fans will always purchase, however the rest will do what they want to do, when they want to do.

As a collector, I still pick up CD’s of bands when they are super cheap like $5, years after the album was released and after I’ve streamed the album to death. And they are still in the plastic wrapping which I am sure once I have joined the afterlife, my heirs will commit them to a second-hand store or just toss them. The value of music is different from person to person.

But how many artists can safely say they know who their hard-core fans are.

I bet you there are always fans who purchase deluxe bundles, every time the said artist releases an album.

Is that buyer information getting filtered back to the artist?

It’s these fans, Scott Ian should be caring about. Are they getting any bonus offer, a loyalty card, a discount to a concert or a simple personalised thank you that makes the fan feel special for supporting the artists with every release?

Imagine the fan getting a hand written letter sent to their address that thanks them for purchasing the last four super deluxe bundles of the said band, and here is a bonus mp3 album for you to download plus a special VIP pass for their upcoming concert.

Instead, the fans are made to feel like criminals, for streaming an album instead of buying,  for cherry picking a few songs instead of paying for all of them or for downloading the album illegally.

That’s not the way it’s done anymore.

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

Just Some Thoughts on Copyright, YouTube and Rock Music

Nikki Sixx and many others want Google to pay more for each YouTube stream so they could bring their payment rates up to the same standard of other streaming providers.

You notice how the people who are now speaking out against YouTube, are the ones who control the rights to their music. It’s because they know exactly what payments they are getting compared to other streaming services. The rest of the artists are clueless and at the whim of the record label creative accounting machine.

In case you were not aware, both Motley Crue and Metallica own their copyrights. Peter Mensch on behalf of Metallica spoke out about YouTube and called it the devil. Nikki Sixx is now calling out YouTube on payment rates.

Anthrax on the other hand are clueless. They kept their new album off Spotify for a few weeks, but it was all over YouTube via fan uploads. As a band, you cannot control what your fans do with your music and how they choose to share it but what you can control is how you release it. Anthrax can’t have the release cycle the way they want it to be (pre-Napster), much the same way any business that has customers, can’t run their business the way they did back in the past. Look at Apple as a perfect example of a business trying to operate like it did when Steve Jobs was alive, while Amazon, Facebook and Google have moved on and surpassed Apple as a leader.

Because the customers are king and they decide what is of value and what isn’t.

Imagine Prince’s post death stats if his music was actually available to be streamed on Spotify. In case you were not aware, every news outlet reported how his sales increased post death. It’s fantastic that his sales have gone through the roof again, as it will benefit his current management team/label. Not him.

And trust me when I say this, the people that will end up controlling Prince’s music will orchestrate a rich licensing deal for his music to be on streaming services. Because it’s all about the greed. Then the lawsuits would come against any artist who has a song that might feel and sound like a Prince song.

If people want to respect Copyright again, then all of Prince’s songs and his catalog of unreleased songs should be part of the Public Domain.

So which way do artists want.

Do they want strong Copyright enforcement forever and a day which leads to censorship and Corporate monopolies and billions of dollars in the hands of executives who created no art and fly in their own private jets, while the actual artists are paid pennies and fly economy?

Do they want the Tidal exclusives and making copyright infringement/piracy relevant again in the process?

Do they want their fans to purchase their music only, have big first week sales and to make copyright infringement/piracy relevant again in the process?

Do they want to make it as easy as possible for fans to access their music forever in any format the fan desires and as easily as possible?

Because in music there is a lot of value in recorded music, regardless if it’s streaming or mp3 purchases or actual vinyl/CD sales.

If you want to look at the value of recorded music and how you can make money when legal alternatives are better than the pirated alternatives, look no further than China. As a music market based on recorded sales, China, had no transactional recorded music business. Piracy was huge. However it is now bringing in some serious dollars. The difference here is that the record labels have built partnerships with the techies and ISP’s, instead of litigating them to death in the courts with stupid troll like suits and take down notices.

They tried a paid model in 2012, it failed. They tried again and again, until they got it exactly right for the CUSTOMER to buy in. Now digital music revenues in China brings in millions of dollars which were not there before at all. This is a good thing, but again, how much of it is going back to the actual artists.

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Music, My Stories, Stupidity, Treating Fans Like Shit

Forgetfulness

It’s funny how artists or their backers/support team forget about things they did in the past.

Like Metallica’s manager, Peter Mensch forgetting how Metallica became the poster child for the RIAA’s fight against all things digital/internet related and then 17 years later, complaining that an internet video service is the devil because he doesn’t get paid. Seriously, Mensch believes that the artists he represents earn millions upon millions each year because of their CD sales and that their fan bases have grown exponentially because of CD sales.

Here is a little secret Mr Mensch.

The fan bases of the acts you manage have grown because of piracy and services like YouTube. The more people who have access to a band’s music = a higher chance of a return on merchandise, concert tickets or other special offers.

I suppose that Mensch has forgotten that Metallica’s fan base in the 80’s grew because of tape trading and bootlegging. My first Metallica experience was via a blank TDK Cassette tape that I gave to my cousin, so he could copy “Master Of Puppets” and “Ride The Lightning” on it. The first actual album I purchased from Metallica was “..And Justice For All”. It wasn’t until 1990 that I had the cash to purchase ‘Ride The Lightning”, Master of Puppets” and “Kill Em All”.

I bet you that Metallica’s recent box set release of their first two albums would be snapped up by fans who got into the band in the 2000’s via piracy and don’t really own any of their music. I have no intention to buy them. I already have “Kill Em All” and “Ride The Lightning” on CD and LP. The bonus stuff is not really convincing for me to purchase the albums again. I am pretty sure there are a lot of Metallica fans from the 80’s who would have the same view set as me.

Mensch Comments Article

Next in line in the world of “I don’t remember what I said in the past” is Nikki Sixx.

For the record, I believe that Motley Crue’s best artistic statement came with the Motley Crue album. It had class and so far removed from the cliched rock that died when Grunge exploded.

And if the album outsold “Dr Feelgood”, Nikki Sixx would be talking a different talk. Hell, maybe Vince Neil would never have returned to the band.

Instead, the album is seen as a failure because it’s didn’t out sell previous Crue efforts in a commercial sense.

And Nikki Sixx is distancing himself from it.

I’m with Mick Mars and Tommy Lee on this. The 1994, “Mötley Crüe” album never got a fair shake. Anyone who used to buy the metal and rock magazines like Metal Edge would have read Nikki Sixx talking about how great it was to have John Corabi in the band and how Corabi plays guitar and writes great lyrics. 22 years later, John Corabi can’t write lyrics. At least Corabi didn’t bite and took the high road.

The thing is, Motley Crue was never going to work with a different singer apart from Vince Neil because the Crue had no Angus Young or Eddie Van Halen in there. That’s why it worked for AC/DC and Van Halen. Both of those bands had another centerpiece to the band apart from the lead singer. As much as Nikki Sixx thought he was bigger than Vince Neil, the truth is, back in 1994 he wasn’t. Today, its a different story and he can credit Allen Kovac for re-inventing him.

Anyway,time to click play on the unfocused 1994 Motley Crue album.

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Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity

What If Led Zeppelin Decided To Start Taking Bands To Court for Copying Them?

The “Stairway To Heaven” case is the tip of the iceberg for cases like this.

Mark my words, Metallica (or the corporations who will own the Metallica copyrights in the years ahead) will be sued for plagiarism by the corporations and heirs of artists from the NWOBHM movement that Metallica used on their first three albums, and the California skate-punk band they ripped off for “Enter Sandman”.

Remember Copyright was designed to encourage creativity, but in the hands of corporations and heirs of the actual creators (who never should have held the Copyright of a deceased artist), copyright is now building up to have the opposite effect, “discouraging, rather than stimulating, music creativity.”

As the Conversation article states;

“I don’t think that it is appropriate to consider the act of devising a tune that simply has the same “feel” and “groove” as another as copyright infringement. This is how music creativity often works. Musicians frequently build upon earlier arrangements and styles, and so the increasing occurrence of cases such as these should give us pause.”

“Borrowing from earlier pieces is a structural element of music creation in many genres (a tune cannot always be created from scratch by just improvising). Classical music composers such as Handel, Beethoven, Shubert, Mozart, Bach and Puccini all significantly borrowed from earlier colleagues. The same holds true for jazz (which has built upon popular music and opera), rockabilly (influenced by country), rhythm and blues (which derives from boogie-woogie and gospel) and the Jamaican music scene (where traditionally covering and arranging each other’s tunes was widespread and largely accepted).”

Now, the term “original” means “not the same as anything or anyone else and therefore special and interesting”. It would be difficult to find a musician who has never listened to music written by someone else.

And yes, there are artists that did do something that “sounded not like anything else”, however if you take away the sonics, the root notes of every song are tied back to a composition that came before it and so forth. Even the evil sounding tri-tone made famous in the song “Black Sabbath” has its roots to classical music. The whole British Rock invasion of the Sixties was tied to the American blues of the Thirties.

It’s pretty safe to say that the majority of music out there is unoriginal.

Just think of how many metal and hard rocks songs have a riff over an A pedal point or an E pedal point that sounds similar in feel and groove?

But for some reason, our litigious society wants music to follow the same citing mechanisms as a University essay, with citations, footnotes and a discography of music used as an influence for the song.

At the root of it all is the descending bass line, played in the same key and an attorney called Francis Malofiy, who is well-known at bringing copyright infringement suits against any song that sounds similar to another because the acts/estates he represents are so original and their music could not have been influenced by other .

It’s easy to sue Led Zeppelin, because others have done it and its well-known that Jimmy Page likes to build on past works. But man, Led Zeppelin, actually Page and Plant in particular can sue a whole generation of artists for copying their feel and groove.

Let’s start with the most obvious (of the top of my head);

  • Robert Plant to sue David Coverdale from Whitesnake for copying Plant’s vocal feel in every Whitesnake song between 1978 and 1982.
  • Robert Pant to sue Lenny Wolf from Kingdom Come for copying Plant’s vocal feel and phrasing in every Kingdom Song between 1988 and 2016.
  • Jimmy Page to sue Lenny Wolf from Kingdom Come for copying “Kashmir” and calling the song “Get It On”.
  • Robert Plant to sue Randy Jackson from Zebra for copying Plant’s vocal feel
  • Jimmy Page and the Bonham estate to sue Coheed and Cambria for the song “Welcome Home” because it sounds a lot like “Kashmir” and for the drums having the same feel and groove as “Kashmir”.
  • Jimmy Page suing Tool because songs on “Aenima” sound a lot like “No Quarter”.
  • Jimmy Page and Robert Plant suing Billy Squier for the verse in “You Should Be High Lover” because it sounds a lot like “Black Dog”.
  • Jimmy Page and Robert Plant suing Wolfmother for the song “Woman”.
  • Jimmy Page suing Jet, for the song “Cold Hard Bitch” and how it sounds a lot like “Communication Breakdown”.
  • Jimmy Page suing Soundgarden for “Pretty Noose” because it sounds like the love child of “Kashmir” and “Whole Lotta Love”.
  • Jimmy Page suing Steve Vai for a three note sequence in his song “The Attitude Song” that is derived from “The Ocean”.

See the absurdity of it all.

I am sure there are a million bands out there that have ripped off Led Zeppelin and there are a million acts that Led Zeppelin has ripped off. But Led Zeppelin made what came before, BETTER and made a lot of MONEY from it.

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

All Things Music And Metal

The RIAA record label industry body a few weeks made an announcement about how are losing billions of dollars because of streaming and that Vinyl sales generate more revenue. The announcement then led to headlines across all of the news outlets.

The New York Post had the headline “Artists make more off vinyl sales than streaming services”.

Billboard had the headline “Vinyl Sales Made More Than YouTube, Spotify and Soundcloud Ads Combined”.

The Australian Financial Review had the headline “Some artists blame music streamers for shrinking the business”.

Fortune magazine had the headline “Record Industry Continues its War on Free Music”.

Mashable had the headline “Music streaming is getting bigger and bigger, but artist revenue isn’t keeping up”.

It’s safe to say that the RIAA got what they wanted with their report.

“This is why we, and so many of our music community brethren, feel that some technology giants have been enriching themselves at the expense of the people who actually create the music.”
Cary Sherman, Chairman & CEO of the RIAA.

“Last year, 17 million vinyl albums, a legacy format enjoying a bit of a resurgence, generated more revenues than billions and billions of on-demand free streams: $416 million compared to $385 million for on-demand free streams.”
Cary Sherman, Chairman & CEO of the RIAA.

 

This is the RIAA being as dishonest as you can get.

They are basically comparing gross retail vinyl sales against the net streaming revenue amount earned. In truth the net vinyl revenue is a lot lower than the gross $416 million quoted. And the $385 streaming revenue was $0 before 2011 due to copyright infringement/piracy.

As an article at Fortune.com states;

“Sherman is saying that because ad-supported services—or in fact, any alternative music-distribution method—don’t pay as much as some other music services, they must be flawed and/or stealing from musicians and record labels. In other words, the music industry’s largest negotiating body assumes that any new distribution method or infrastructure for delivering music to consumers must by default generate as much revenue as the industry used to get from records or CDs. And if it doesn’t, that means there is a structural error in the business that the RIAA needs to fix.”

And streaming companies like Spotify have a battle being profitable.

Remember that the streaming services pay the record labels a licence fee to have the music the record labels hold copyrights too on the service. These monies are never passed onto the artist. Hell, Spotify doesn’t even have long-term license contracts with Universal and Warner Music. These labels are cashing in on licensing deals on a month to month basis.

Then based on listens, the streaming services pay 70% of their streaming revenue to the record labels and publishers and based on the contracts the artists and songwriters have with their labels/publisher, these monies are paid back to the creators in cents. Meanwhile, the record labels are rolling in billions of dollars from streaming.

Maybe that’s why Spotify needed to get a billion dollars from investors.

The money will be needed for further expansions, acquisitions of tech companies and other investments. In my opinion, for Spotify to survive long-term they need to get into the record label business themselves sort of like how Netflix is creating its own content and using that content to sell their service. That is why HBO went from licensing movies from the studios (which wasn’t profitable) to creating their own content. And now look at the company.

There is no way around it for Spotify. They are under increasing pressure to remove their free tier and the latest research from the RIAA (mentioned above) is being used as evidence to build a case against ad-supported free music.

And poor old Google is always the punching bag when it comes to the RIAA.

If Google isn’t taking flak for not censoring the internet based on what the RIAA or the MPAA see as wrong, then their YouTube service is attacked for not paying enough.

So what we have is a coalition of artists and music groups asking for the lawmakers to write new laws to support their business models. Just think of it as another Lars Ulrich/RIAA vs Napster battle. And how did that turn out.

As the article at Techtimes states every law is open to abuse and while the DMCA was never intended for censorship, it is being used exactly as that:

“Over the past few years, however, the DMCA has been a cause of controversy. On one end, holders of rights to content are saying that the law does not do enough to protect content creators, while on the other end, there are warnings of abuse and censorship if the law is further tightened.”

And speaking of Lars Ulrich, in case you have lived under a rock, “Master of Puppets” from Metallica has been added to the National Recording Registry in the US as a cultural, artistic or historical significant recording.

Basically anyone can nominate a recording to be considered via sending an email to recregistry@loc.gov.

Once the nomination is sent, the lobbying starts.

Don’t get me wrong, “Master of Puppets” is a great album (although I do prefer “Ride The Lightning”), but is it really a defining cultural, artistic or historical significant recording. Although Metallica is seen as leaders of the thrash metal movement, the truth of the matter is that the movement is much bigger than one band.

I would even say that the “Metal Massacre” compilation that featured Metallica (spelt incorrectly as Mettallica mind you) is more culturally significant than “Master of Puppets”. But hey, Brian Slagel, founder of Metal Blade Records, is nowhere near as important as the biggest band. Because all history is written by the winners, the ones that have the most money.

And for Metallica albums, you cannot escape the “Black” album.

That one album killed off glam rock/metal, introduced a new heaviness to the mainstream that opened the door for bands like Korn, NIN, Disturbed, Godsmack and many others to exploit in the Nineties to great success.

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

The Past Is Done. The Future Is Here.

The Internet age.

Where everything is thrown against a wall and whatever sticks, ends up lasting forever.

In other words, first week sale numbers don’t mean a thing. The scorched earth publicity and marketing push by the label for an album release don’t mean a thing.

If any artist is focusing on the here and now, its contra to the way  the music business works in the connected Internet era. We’re (the fans) are only concerned with what lasts.

But the media tries to sell it so that everybody who is involved in music deserves to be rich from music. But how many are willing to do the work, especially when nobody’s paying attention to them.

Being in music isn’t about the highs or lows, winning and losing. It’s about surviving.

Here is a little secret.

The ones that end up winning in the future are creating their catalogues away from the radar, in stealth mode.

And it’s not easy.

Every musician is competing against the means of production. The costs to create content are low and we (the people) are overwhelmed.

What do we read, what do we watch and what do we listen to?

Everybody’s got a book to read, a documentary to watch, a track to listen to and no one’s got time to do it all. The last four years of my Guitar World subscription are still in the plastic wrappers the magazines came in.

Unopened. As a subscriber since 1986, I thought I would keep it going until this year is over. So January 2017 is my last issue.

The last time I read the magazine, it sounded like the article was written by the PR company instead of the actual journalist. There was no guts to the story and there was no in-depth analysis. Nothing at all. Gone are the days when Wolf Marshall used to go In Deep into players styles and so forth.

But the press over the last fifteen years believes it must promote everything and is rarely critical. And the press is missing the point how we are in the midst of a revolution, living in an era of chaos that will not last forever. But no one is reporting it. It’s all about piracy, copyright trolls, Spotify royalties or something so far removed from the real issue.

Fewer people will be successful from now on than before, despite everyone being able to create. We are going to have just superstars and niches.

And for all of those rock bands and metal bands, guess what, it’s still about the one song that hooks people in. But not all people. The entire world doesn’t live and breathe music. Remember that in your quest for global dominance.

And one last thing.

Spotify is not the problem, YouTube is. YouTube has more visitors and pays less. At least on Spotify you get the whole album along with the “song” that draws people in. Notice on YouTube it’s never the whole album. Yeah I know that some user accounts on YouTube have the whole album up but you need to look for them, go deep. So if you are in the album game, then you want your fans going to Spotify. But not a lot of artists are willing to say that.

But the album is fading. Yeah I know it makes great profits, but a 70 minute album with two good songs is a bad fit for today’s listeners. We don’t have time to listen to an album twenty times to get it. That’s what we did when we had no cash and could only afford one disc. But that was in the past. You don’t see the telegram and analog mobiles coming back.

The past is done. The future is here.

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