Category Archives: Stupidity

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

Attention, Affluence, Dominance and The Artist Is Somewhere There In Between. BUT WHY.

It irks me when a person that you are having an email conversation with CC’s in other people who really don’t need to be CC’d. Instead of coming back to the person they are originally communicating with on the email they reply back and CC a few more extra people in. It is like they are broadcasting something to someone. Maybe they want to CC in a Manager to show how great they are and how terrible I am. Maybe they just want to make me look bad. I do it as well however when I do CC in an extra person I tell the person that I am responding to why I am CC in that extra person in. I also tell the person that I is CC’d in why they are included with a question that seeks their point of view.

Maybe we all just want some attention. It seems we are all fighting for attention these days.

Guess how many people know who Kim Dotcom is?

According to the MPAA and the RIAA, he is the greatest money launderer the world has ever seen. They convinced the police force to send their SWAT teams to break down his door and arrest him in the early hours. And the funny thing is that he is virtually unknown to ordinary people. Even his companies MegaUpload and Mega are not known brands to a large portion of people. So how can this great criminal mastermind remain undetected to most ordinary people. Hell, I was in Eastern Europe and all the people who I spoke to didn’t even know who Kim Dotcom was.

This goes to show how the entertainment industries like the MPAA and the RIAA have used affluence to hijack proper due process in the courts. And that affluence doesn’t stop there. It is used to hijack many debates especially when it comes to legislation around copyright. It is unfortunate that the music industry as a whole seems to be interested in protecting their business models, dominance and control.

The biggest issue today is attention.

The record labels still believe that their affluence and their publicity campaigns will get people’s attention. But that is old school thinking. Real attention grows over time.

And attention is just part of the equation.

How do we compensate the artist themselves or the songwriters that wrote the song once they have received our attention. The Copyrights of the artists are held by the labels. The labels purchase these copyrights for a value that is far less than what they are worth. And that is a big problem between artist and label. Because the record label is using the copyrights that they have amassed over 80 years of dominance as bargaining chips in licensing deals.

Spotify pays the labels a license so that Spotify can have their music on the service. In addition Spotify also pays the labels when songs are streamed. Plus Spotify pays any profits it makes to its part owners. In the case of the US market, Spotify is partly owned by the labels. And all of this was possible because the labels amassed an arsenal of songs from the artists they signed. Did the artists receive any compensation in these corporate deals?

The environment that musicians operate in is changing all the time, and with that comes a requirement to be flexible and forward-thinking in their approach. In addition the expectations of musical fans about how they access music and how they wish to be serviced has changed dramatically over the past fifteen years. And the ones that are investing in innovation are the technological companies. The Record Labels did nothing except litigate. The artists just waited to see what transpired instead of thinking and planning their own innovation.

If you want to grow and prosper as an artist you need to be thinking ahead all the time. Not only do you need to keep pace with your fans’ expectations, but you also need to position yourself to identify and make the most of the opportunities when they arise.

Focus on “WHY” you create music rather than simply focusing on ‘WHAT’ music you deliver. This is an important message. The why is the message that your fans would connect with and follow. It is your vision. Your belief.

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

If Game Of Thrones Was A Rock Band

Game Of Thrones is on everyone’s lips these days. In Australia, it is also one of the TV shows that a lot of Australian’s download via peer-to-peer networks. With such a high piracy rate of people obtaining their content for free, you wouldn’t expect people to spend a decent amount of money to travel large distances and queue outside a Game of Thrones exhibition in Sydney.

But that is exactly what happened. Even though the exhibition is for free, the fans of the show spent their hard-earned dollars to get to the venue and then spend their time waiting to get in.

On opening day, people waited for six hours to get in. See what happens when a TV show is available to all even though it is meant to be locked up behind paywalls. You get people queuing up for days on end just to see the Iron Throne. This is the world we live in today, where a TV show based on a cult novel is bigger than a rock star. It used to be that people queued in lines like this for their favourite act.

And in this case the term groupie involves everyone. Teenagers to the elderly and moms and dads and their obsession for the series is all at different levels. And super fans paid above $500 in travel related expenses to be at the exhibition. It’s like when your favourite band comes to town and you fork out your cash for Meet and Greets and VIP passes.

No one could have predicted that George R.R. Martin would have created a cultural phenomenon. However as good as the stories are from Martin, it is the visual aspect from the TV show that is overseen by the show runners that is causing the cultural impact. Plus the casting of Sean Bean in Season 1 as Eddard Stark was a master stroke.

And as much as the Corporations moan and complain about piracy taking away from the artists or the creators, what piracy is showing is that people from all over the world can access and be involved with a cultural phenomenon. Piracy leads to greater opportunities.

If Game Of Thrones was a rock band and the band had those levels of piracy, expect their shows to sell out in minutes.

If Game Of Thrones was a rock band and the band is doing a free show like the GOT exhibition then expect pandemonium to ensure.

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

The Money Business

As bad as the RIAA makes out the piracy epidemic sound like the end of the world, is piracy really taking away from sales of recorded music.

I have been looking at some metal sales recently.

All up, from June 18, 2014 to July 2, 2014 in total there have been 289,810 hard rock/metal sales. It total that is a retail gross taking close to 3 million dollars. Not a bad take for two weeks.

Mastodon’s “Once More ‘Round The Sun” makes up 12% of that total. And that is their label “Reprise” only entry. Eleven Seven Music had two entries with “Hellyeah” and “Nothing More” and those sales in total came to 6% of the total.

Warner Bros along with “Linkin Park” take up 50% of those sales. And this fits right in with the “Blockbuster” strategy of Anita Elberse that has proven that a very very small percentage of artists make up the majority of the sales.

Warner Bros also have Avenged Sevenfold and Gemini Syndrome on their roster, with Avenged Sevenfold having moved 490,000 units of “Hail To The King” in the US and Gemini Syndrome having moved 22,000 units of their “Lux” album in the US since their release dates.

Yep, that Avenged Sevenfold release in actual sales has generated close to $5 million for Warner Bros. And of course, let’s not forget the streaming income, radio plays income and so on.

There is a few takeaways from this.

There is still a lot of money in hard rock and heavy metal music.

Aggregate sales of 300,000 over two weeks, equates to 7.8 million sales in the U.S alone for 52 weeks, with a gross retail sales value of $78 million. And of course, let’s not forget the streaming income, radio plays income and so on.

The issue is that the sales are spread over a lot of releases.

And it’s good to see labels like “Artery”, “Fearless”, “Prosthetic” and many other independent ones flooding the market with releases. It’s good to see a lot of bands self releasing and recording sales. And you still have the regulars like “The Pretty Reckless”, “Five Finger Death Punch”, “Chevelle” and “Volbeat” still moving units.

And yes, the recording business still generates a lot of money. It’s just a shame that every band is held captive to the creative accounting of the record labels, especially the larger ones. It’s also a shame that every band is configured with band agreements that take into account payments to managers, accountants, lawyers and the band members themselves. Heaven forbid if a band member leaves. Then the money business starts to get messy.

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

I Want My M.P.3.

The last cinema movie I watched was “The Hobbit” back in December. I decided to give Captain America, and Spiderman a miss because the kids were little pests and I decided that even though I wanted to watch the movies, I wasn’t going to go without my kids.

Anyway, they have been good little boys, so I decided to have a movie weekend with them recently, while my wife stayed home with our two and a half-year old. So over the weekend, I had my son’s birthday party on Friday, had kids football on Saturday morning, watched “X-Men Days Of Future Past” on Saturday night with two of my boys, had more kids football on Sunday morning and then watched “Transformers – Age Of Extinction” on Sunday night with my boys again. Plus I took in the Brazil vs Chile game and the Colombia vs Uruguay game.

As is the norm with any Marvel movie these days, we hang around until the end credits scene appears and once that scene finished, there was a notice that said something like, 15,000 people contributed to the making of the movie. And I thought to myself, this is typical of the Movie Picture Association. Treating the people who legally watch a movie like criminals and hitting them with an anti-piracy statement.

It was like when I purchased a DVD at the start of the piracy epidemic and I was hit with the “You Wouldn’t Steal A Car” advertisement that could not be skipped. Yep, I am sure that the people who pirated the content kept those advertisements in their pirated release of the movie.

Everyone with a decent internet connection has dabbled in getting their music, TV or movie content via peer-to-peer downloading. Even the ones that work for the Copyright Corporations have illegally downloaded.

Because as successful as Spotify is in fighting piracy, or iTunes is at converting digital mp3 pirates into customers, people still get want their mp3’s for free courtesy of a favoured supplier. And it turns out that the pirate versions of the legal commercial offerings far surpass the simplicity and ease of use of what the Entertainment Industries offer up. That is because the pirate versions offer everything, in any format a user prefers and they do not geo block, so there is no way that a person will get the stupid “not available in your country” message.

Basically the amateur sharers of culture and knowledge are miles ahead of the Entertainment industry. The Pirate Bay is over ten years old. Name me one Record Label technological start-up that has reached a decade.

The kids of today just grab stuff from where it’s easiest. That is why YouTube got traction. While the record labels procrastinated about licensing Spotify, YouTube slipped under the radar. The only thing that YouTube is missing is the free mp3 version that fans of music still want.

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

Customers And Creators. Fans And Artists. They are the ones that matter.

Village Roadshow is grasping at straws in their fight against piracy. Still failing to understand why it is a phenomenon and how it can be competed against. And the spokesperson for all of the propaganda and misinformation is Village Roadshow senior executive Graham Burke.

He has gone after Google because he believes that Google is deliberately misinforming the public in their arguments on copyright breaches and on-line piracy.

You see Mr Burke reckons that Australia needs stronger anti-piracy legislation in conjunction with expensive legally available products because he has reports that this kind of approach works in other countries. He also believes that a three-strikes policy will stop people from stealing. Yep, the CEO of Village Roadshow still refers to copyright infringement as THEFT. If copyright infringement is theft, then prosecute the thieves under theft laws.

Why go after them under Copyright laws?

Mr Burke points to the music business to debunk the theory that online piracy is primarily an availability and pricing problem.

Yes, Spotify and streaming services are all over the world and music piracy still exists. There is no doubt about that.

That is because people still want to download music for free, so where is the legal service that allows users to download mp3’s for free. Of course there isn’t a proper licensed one, so people turn to illegal downloading.

A free ad-supported service that allows users to download or trade in mp3’s will bring billions of dollars into the recording industry. Hell, the recording industry and the movie industry claim that pirated sites make millions upon millions from advertisements. So why don’t they along with iTunes, Spotify or a new player like Arena offer the same service.

Instead, we get Governments introducing new policies to “CRACKDOWN” on Copyright Infringement. And of course, these laws are all being collaborated in secret between certain interest groups.

As misleading as Graham Burke is, he has found an ally in Attorney-General George Brandis who benefited greatly from Village Roadshow in campaign contributions. In Australia, we pay the second highest honesty tax.

Yep, the powerful Retail Lobby groups pushed for a tax around $290 per household to offset the $AU1.86 billion in losses they incur from customer “deviant behaviour”. Let’s look at the deviant behaviour of Australians;

– Creating a fake US iTunes account to access and pay for content not available in Australia

– Using an IP Address to access content at a fairer price due to GeoBlocking.

– Illegally downloading TV shows, music and books from the internet for free, for personal consumption.

– Online shopping from other parts of the world because it is cheaper.

But the above behaviours are deemed “acceptable” by the people because hey, every news outlet reports that Australia has the highest rate of piracy. However, large organisations with a lot of cash, disagree with this. Instead of focusing on their models they focus on legislation. They need a tailored approach to their problem. If you have movie piracy, then it is your fault. If you have music piracy, then it is your fault.

Make your movie available as soon as it hits the cinema’s to download. Hell, most houses now have a home cinema.

But as long as people like Graham Burke exist and there are many of them, the industries will moan and complain. Once he finished with Google, he moved on to iiNet and accused them of “scaremongering”.

iiNet says that a graduated response is the wrong path to take in the piracy debate.

Village Roadshow wants to be judge, jury and executioner. There is no due process here whatsoever.

As we have seen with all of the takedown requests sent to Google, the Rights Holders are the main entities that are censoring the internet.

George Brandis has also labelled Australia the worst offender in the world when it comes to piracy.

So what we have here is a company called Foxtel (owned by News Corp) who has Game of Thrones locked up behind a paywall, claiming that over 500,000 Australians “legally watched each episode of the fourth and most recent season of Game of Thrones, but as many watched it illegally through online file-sharing.”

Then you have Choice, a consumer rights group that puts the blame at Foxtel’s ‘‘outdated business model’’ for the spike in GoT piracy.

So who is to blame.

500,000 illegally downloaded each episode according to Foxtel.

So why don’t Foxtel monetise those people by offering a service that benefits all. $10 to watch 10 episodes of Game Of Thrones, whenever you want. That is a cool $5 million.

Because in the end, all of these organisations in the middle, make their money from two groups.

CUSTOMERS and CREATORS.

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

COPYRIGHT = Powerful Organisations Fighting Over Who Gets The Biggest Slice Of The Pie

The artists have the power. They are the ones that create the works, the songs. But it is the rights holders of the artist’s work (otherwise known as the Copyright Holders, aka, Record Labels) that are trying to organise deals with ISP’s, the Courts, technology start-ups, streaming services and the Government. They are the gatekeepers in the middle and they are more richer than they have ever been.

They are flush with cash. The internet was supposed to level the playing field against the major labels but it only made them stronger.

Why?

Because they are using their massive catalogs as leverage against streaming services and other technological start-ups. Much in the same they used their power against artists. And all of this because the artists sold away their power so that they could be given the chance to record and be a star. Like today, companies like Spotify are selling their shares to the record labels so that they could operate.

In Australia, the Attorney General’s Department is trying to make the ISP’s the RIAA Surveillance Force.

If anyone should be organising these deals it should be the ARTISTS/PERFORMERS with the USERS/CONSUMERS. No Corporations in the middle should be involved.

But that is not the case.

Because the Record Labels have benefited greatly from this Government created monopoly. Even in the U.S, the House of Representatives judiciary subcommittee will be meeting to discuss music licensing. The RIAA will be there, streaming services like Spotify and Pandora will be there and the music licensing groups will be there.

But why are they all there?

They are all there to ensure they get as large a slice as they can from the Copyright pie. Hell, YouTube is starting a streaming service and they are negotiating for lower rates than their competitors

Bad form.

As usual, missing in all of these Copyright discussions is the PUBLIC and the ARTISTS.

Copyright was created to promote progress in science and useful arts. It was never created to be a social welfare tool and it was definitely not created to enrich corporations and turn them into powerful monopolies.

Copyright laws need changing but that will never happen as the ones (RIAA, Record Labels) that control the money, will stand to lose a lot of it. That is why these corporations are NOT looking at ways to make Copyright better. They are just looking at ways to get the biggest slice of the current pie when it comes to Copyright.

Hey, pretty pretty
With the sweet sweet eyes
Order me up another slice of your pie
– “Slice Of Your Pie” – Motley Crue

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

What Do Artists Need? Stronger Copyright Laws or Better Business Models

I absolutely support that musicians should be paid for their work.

What I don’t get is how the record labels and misguided artists feel entitled to push for stronger copyright enforcement as a way to guarantee an income which is contrary to the foundations of what copyright was designed to do.

As we all know, Copyright laws have been hijacked by Corporations that at this point in time, copyright is contrary to freedom, and in particular freedom of speech, to a degree where it is illegal to sing “Happy Birthday” at a birthday party.

The “Happy Birthday” song goes all the way back to 1893 and right now it is “protected” by copyright until 2030 because someone decided to retroactively place it back under copyright. If that doesn’t tell everybody that something is very wrong with Copyright then I really don’t know what will.

Because people who really believe in stronger copyright laws believe that if those extra enforcement laws do not exist then musicians will cease to create. Those same people believe that if people are not paid upfront to write an album, then musicians will cease to create.

The maximalist viewpoint doesn’t seem to be supported.

Look at Sweden, the birth place of Spotify and The Pirate Bay. Guess what, the country has a thriving culture around music. Sweden to me is the scene to be at right now. Other policy changes by the Swedish Government around making medical care free has also contributed to this vibrant music scene. And all of this has been achieved with the threat of copyright infringement.

Remember all of the lies that have come out from the entertainment industries.

“Home taping killed music” was a good one. Guess that is why the music business and as a by-product the recording business grew exponentially once cassettes came into the market. I guess that is why no popular music has been made since cassettes came into the market.

The point is that copyright protectionism is purely about protecting old business models. Stronger Copyright has nothing to do about supporting thriving new industries. Stronger Copyright has nothing to do about finding new ways of doing things. The thing is the Copyright cartels have had a big win in successfully skewing the argument that file sharing is “theft”.

Remember all of those commercials about stealing that seemed to appear on a legally purchased DVD. The irony. I purchase a DVD and then I get blasted with ads that links copyright infringement to theft. BUT, if file sharing was actually “stealing”, then file-sharers could no doubt be prosecuted under existing theft law.

But they don’t. Because file sharing is not theft of property. It is a violation of copyright. That’s an important difference.

Duplicating a pile of 1’s and 0’s does not deprive anybody of the original content. What all of this copying does is drive down the value of the product. What is the price of a song when the internet is littered with millions of copies of the same song and they are free.

That right there is a market with a customer base in the billions and it needed to be satisfied. And that is where YouTube, Spotify, Pandora and other streaming services come into play. They are there to monetize that market by competing with free through ad-supported business models. Hey, if it is good enough for the free to air TV networks, why can’t it be good enough for music networks.

But this “free market” has a big problem when it runs up against Government protected monopolies.

And the thing is, people do also pay for music. Many studies are actually showing that the biggest consumers of illegal media are also the biggest purchasers of legal media. Ultimately this seems to show that people are more than happy to pay for content they enjoy.

Metallica’s self-titled Black album is still moving on average 2000 units a week. And it is doing this even though millions of copies of the album are available to be downloaded for free. It is doing this even though it is available for streaming on Spotify and YouTube.

Volbeat has been selling records on a weekly basis in the U.S since 2011. They are doing these numbers even though their album/s are available to be downloaded on peer-to-peer networks. They are doing these numbers even though their albums are available for streaming.

Same deal with Five Finger Death Punch, Avenged Sevenfold and Skillet. Still selling, regardless of the state of piracy.

So what is it. Do artists need stronger copyright laws or better business models and terms that pay them a fair days pay for a fair days work?

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

Billion Dollar Deals and Still No RESPECT for Pre-1972 Artists

How would you feel as a musician and as a creator today as you hear and read about all of these board room deals taking place between technology companies and the record labels?

Millions upon millions are exchanged from a technological company to the record labels.

WHY?

Because if a technological company wants to offer a music service they need to license the music catalogue that the record labels hold. And the music catalogue that the record labels hold is music created by artists, songwriters and producers, including those same artists that are supporting the PRE-1972 RESPECT ACT. So where is the windfall for the artists from all of these backroom deals. In a nutshell it is their music that the record labels are using as leverage.

The RESPECT ACT says that some of the biggest digital radio services in the world have decided to stop paying royalties to artists who recorded music before February 15, 1972. It looks like the record labels never paid any royalties to these artists.

The Allman Brothers have sued Universal Music and Sony Music for unpaid iTunes royalties. The Temptations sued Universal for not paying iTunes royalties properly. The Beatles sued EMI over unpaid royalties. Martha Reeves sued Motown for unpaid royalties. Roger McGuinn, from the Byrds, has never received royalties (beyond a “modest advance”) for the 15 albums he recorded with the band.

The RESPECT ACT says these companies believe that they can use pre-1972 recordings for free, forever. It looks like the record labels use these pre-1972 recordings to negotiate licensing deals, without any compensation to the original artists and the writers.

The RESPECT ACT says that while the artists of today are paid royalties every time their songs are played, the inspirational artists who came before them — Motown acts, the legends of Jazz and Blues, and the musicians who gave birth to Rock n’ Roll — all get nothing. Um, those acts never got nothing in the first place from the record labels. Modest advances maybe.

The RESPECT Act states that the decision by these companies to cut off royalties for pre-1972 recordings caused artists and record labels to lose an estimated $60 million in royalties. Music is how artists pay the rent, provide for their family, and plan for the future.

Um, what about the estimated millions of royalties that the artists have lost due to creative record label accounting.

And what about all of the producers and songwriters that worked on those music catalogues that the record labels now own and use as a bargaining chip. Based on all of the research funded by the RIAA, producers and songwriters are the ones that are hurt the most because of piracy. It looks like they are really hurt by the streaming licensing deals.

Seriously think about it.

SPOTIFY had to pay a hefty license fee to operate and in the US they had to give up half the company.
BEATS also had to pay a license to the record labels and give up some equity.
APPLE also paid the labels to license their music.
GOOGLE, AMAZON and PANDORA also have paid the labels. The list just goes on.

Some could argue that the artists, producers and songwriters got paid a decent advance for their music. And the norm in the past has been to give the songwriters and the producers a modest advance for their work in exchange for any future royalties earned. But at that time when the advance is paid no one knows how big that potential song or album could be. Or vice versa, no one knows how bad that song or album could be. But if the song or album does blow up, it doesn’t mean that the producer or the songwriter will start getting some decent royalties.

Because then the maths start to get more complicated due to that record label black hole formula known as RECOUPED. When that formula starts to be applied to any money earned from royalties there is a 99.9% chance that the artists will not receive a cent.

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Copyright, Music, My Stories, Stupidity, Treating Fans Like Shit, Unsung Heroes

The “Respect Act” Does Nothing For The Artists But Everything For The RIAA and SoundExchange

I have been doing some reading on the “Respect Act” that is being pushed by SoundExchange the performance rights organization in the US that collects royalties. So the 1976 Copyright Act, made sound recordings from 1972 and after covered leaving all pre-1972 sound recordings in legal no mans land. Proponents for these recordings have suggested that one way forward is to retroactively say that all pre-1972 sound recordings are under federal copyright law.

BUT….

The RIAA has battled tooth and nail against this. Here are the reasons why;

Did you know that the copyright under state laws lasts so much longer. So in turn the record labels get to keep the copyright for a longer period. So the Record Labels and the RIAA like this.

Did you know that the copyright under state laws does not have any termination rights. The Record labels and the RIAA like this. In the 1976 Copyright Act, the original creator is allowed to take back their copyrights for all recordings released in 1978 and after. The Record Labels and the RIAA don’t like this and this is one of the main reasons why the RIAA has battled hard to not put PRE-1972 Recordings under FEDERAL COPYRIGHT.

Did you know that the copyright under state laws does not have a public performance right. That means that there are no necessary licenses for the streaming of such works. And it has been accepted in this way for over 40 years. And the “RESPECT Act” would only extend the performance rights part of the state laws to pre-1972 sound recordings, while leaving everything else about those works uncovered by federal copyright law. So the RIAA with SoundExchange is putting only the parts of copyright law that it likes on pre-1972 sound recordings, while keeping the remainder under state laws.

Yep it sure sounds like some RESPECT for the artists. This is from the press release;

“Project72 kicks off with an open letter, signed by more than 70 recording artists, calling on digital radio to treat all sound recordings equally and to “pay for all the music they play.”

I like how they emphasise the “pay for all the music they play.” So who will actually get paid? History has dictated that it will not be the artist.

I remember reading a statement from Roger McGuinn that he made before the U.S. Senate Judiciary Committee on July 11, 2000. And yes he is a supporter of “Project 72”.

Hello, my name is Roger McGuinn. My experience in the music business began in 1960 with my recording of “Tonight In Person” on RCA Records. I played guitar and banjo for the folk group the “Limeliters.” I subsequently recorded two albums with the folk group the “Chad Mitchell Trio.” I toured and recorded with Bobby Darin and was the musical director of Judy Collins’ third album. In each of those situations I was not a royalty artist, but a musician for hire.

My first position as a royalty artist came in 1964 when I signed a recording contract with Columbia Records as the leader of the folk-rock band the “Byrds.” During my tenure with the Byrds I recorded over fifteen albums. In most cases a modest advance against royalties was all the money I received for my participation in these recording projects.

In 1973 my work with the Byrds ended. I embarked on a solo recording career on Columbia Records, and recorded five albums. The only money I’ve received for these albums was the modest advance paid prior to each recording.

In 1977 I recorded three albums for Capitol Records in the group “McGuinn, Clark, and Hillman.” Even though the song “Don’t You Write Her Off” was a top 40 hit, the only money I received from Capitol Records was in the form of a modest advance.

In 1989 I recorded a solo CD, “Back from Rio”, for Arista Records. This CD sold approximately 500,000 copies worldwide, and aside from a modest advance, I have received no royalties from that project.

The same is true of my 1996 recording of “Live From Mars” for Hollywood Records. In all cases the publicity generated by having recordings available and promoted on radio created an audience for my live performances. My performing work is how I make my living. Even though I’ve recorded over twenty-five records, I cannot support my family on record royalties alone.

In a Ultimate Classic Rock interview, Roger McGuinn mentioned the following;

“In my case, I recorded ‘So You Want to Be a Rock ‘n’ Roll Star’ with Chris Hillman and the Byrds. Chris and I wrote it in ’67 and it was on our ‘Younger Than Yesterday’ album that came out that year. Then Patti Smith covered it in the ‘70s and Tom Petty covered it in the mid-‘80s and they both get paid royalties for performance but the Byrds don’t. It doesn’t seem fair.”

The RESPECT Act would still not change the part about getting paid royalties from the cover versions that people made of the song and the unfortunate part is that most of the royalties paid for digital streaming would go to the record labels who only paid him a small advance.

Did you also know that George Holding, the American Representative that is bringing in the legislation used to work for a law firm called Kilpatrick Townsend & Stockton that is well-known for its intellectual property practice. Sure sounds like a lot of RESPECT for the artists.

Did you also that John Conyer, the American Representative that is also supporting the legislation was involved in a copyright controversy when he opposed a bill that would make federally funded research freely available to the public. Conyers was influenced by publishing houses who contributed significant money to him.

Did you also know that Mark Farner, of Grand Funk Railroad would still not get a cent from his pre-1972 songs because after a dispute with the band’s manager over his $350 a week employee payments, he had to give up all the rights to the music.

I am all for artists getting paid. BUT in this case they are being used. They will not see a cent of these monies.

Another great article on the subject.

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

Invasion Of The Swedes – The First To Embrace Streaming and Guess What… Their Scene Is Flourishing

What do all of these bands have in common?

Evergrey, Corroded, Yngwie Malmsteen, Crashdiet, Avatar, In Flames, Europe, Soilwork, Jeerk, John Norum, Angeline, Baby Jane, Arch Enemy, April Divine, Cervello, The Night Flight Orchestra, Pretty Maids, Wig Wam, Fatal Smile, H.E.A.T, Hardcore Superstar, Scar Symmetry, M.ill.ion, Machinae Supremacy, Meldrum, Meshuggah, Overload, The Poodles, Shotgun Messiah, Sister Sin, Coldspell, Kee Marcello, W.E.T, Work Of Art, Audiovision, Dream Evil, At The Gates, Angelica, HammerFall, Tad Morose, Hollow, Pain Of Salvation, Opeth, Sonic Syndicate, Dead By April, April Divine, Bonafide, Crazy Lixx, Diamond Dogs, Plan Three, Treat, Takida, Royal Republic, Renegade Five, Vains Of Jenna, Amon Amarth, Bathory, Candlemass, Karmakanic, Degreed, Diamond Dawn, Eclipse, Gemini Five and House Of Shakira.

They are all from Sweden. And it was “Tearing Down The Walls” the fourth album from the band H.E.A.T that got me thinking about this invasion.

And the thing is they have always been producing so many good bands and great music. But when the record labels controlled the market, we didn’t know of the bands unless they broke big like Europe, Roxette, Yngwie Malmsteen and so on. Now with the internet, we know a lot more.

“Address The Nation” from 2012 was the first piece of music I heard from H.E.A.T and then I went back and heard their 2008 self-titled debut and it’s 2010 follow-up “Freedom Rock”. I liked them all, so I had high hopes for the fourth album. Going in blind, “Point of No Return” didnt disappoint. After listening to Bonfire a few days ago, I can honestly say that H.E.A.T reminds me of a cross between Europe and Bonfire. And that is a good thing.

Which melodic hard rock band these days isn’t from Sweden. It’s a Viking musical invasion in so many ways.

Max Martin is rocking the Billboard Top 10 charts with his pop formula. Other artists are also breaking through. Avicii and Swedish House Mafia are the big EDM artists that have crossed over recently.

And a lot of the hard rock and metal bands that I mentioned earlier would probably not tour the Americas or Australia on a frequent basis however they have a career touring around Europe and Japan. And trust me, they are big markets to hit.

H.E.A.T for example have shows all over the continent. And you know their name is built on the backs of song number 14 on album number 1. Yep, “1000 Miles” almost has 3 million streams on Spotify.

And for a Swedish band, H.E.A.T’s new album is not even available to be streamed.

Which is a big contrast to say the band called “Takida”. Yep, they are another Swedish band and their song “You Learn” from their 2011 album “Burning Heart” has 21,853,323 streams on Spotify. WTF.

I can tell you that a lot of American major label acts do not have those stats. I just checked Five Finger Death Punch and they are nowhere near this figure. To prove that it is not a one-off fluke I checked out some of their newer material from 2014 and the song “One Lie” is sitting at 900,000 plus streams. I went deeper and the song “Curly Sue” from their 2007 album is sitting at 7,677,597 streams. Bands would kill to have these stats and I bet a lot of people reading this would be saying, who the fuck is Takida?

The same could be said for the band “Mustasch”. Their song “Double Nature” from 2007 has 8,627,129 streams. Yep they are another rock band from Sweden. If you want to compare streams, Dream Theater’s “On The Backs Of Angels” has 1,419,649 streams.

Then what about the band called Sabaton? Their song “Ghost Division” has 7,817,664 streams. Or the Swedish band “Dream Evil” that features Gus G. Their song “The Chosen Ones” has 1,161,146 streams. Or the band “Dead By April” and their song “Mystery” that has 11,643,378 streams.

Isn’t it funny how the home country of Spotify also has one of the most vibrant rock and metal scenes in the world. But wait a second. I am sure I have heard the RIAA and their proponents scream that because music has been devalued, no one will create anymore.

Well it looks like someone forgot to tell the Swedes.

But, the RIAA and their proponents still screams piracy and the copyright industry still screams for stronger copyright enforcement. But the truth of the matter is that all eyes should be on Sweden. Here is a country that has embraced streaming and guess what, their musical scene is flourishing.

Once you add in all of the crossover artists like Swedish House Mafia and Avicii, along with songwriting king Max Martin (aka Martin Sandberg) it is safe to say that free music to a consumer DOES NOT MEAN THAT CREATORS HAVE NO INCENTIVE TO CREATE.

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