Category Archives: Stupidity

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

Music Trends in Hard Rock and Heavy Metal – What’s On The Up and What’s On The Down

ON A DOWN SLOPE

DAUGHTRY

The band leader, Chris Daughtry messed up big time chasing the crowds of “Train” and “Imagine Dragons”. He was a hard rocker from day dot and that is what gave him his legion of fans. For the ill-fated and recent “Baptized” album, he committed career suicide, throwing his lot with the hit songwriters. The songs are good, however they are not Daughtry songs. It would have been better for him as an artist to have given those songs to other artists that are more electronic pop rock minded. Daughtry needs more music right away and they need it to ROCK.

RECORD LABELS

The major metal and rock labels will continue to sign the bands and artists that had success in the Eighties and Nineties and get those bands to release forgeries of their greatest hits. It’s all about locking up the songs under copyright. “He who owns a lot of copyrights, will make a lot of money in the future, when said artists are dead and buried.”

In relation to new bands, they will sing fewer bands on even more shittier deals and shift their efforts to breaking them. It doesn’t mean that we will pay attention. It will be bands from certain niche’s that will break out and we will gravitate to them.

Also no one wants to pay. Look at the APP business. The highest downloaded APPS are all free ones. And they are still making money. We are happy to provide our private data to Apple and Google, as long as we get what we want, with no strings attached. If a record label has a business model that is dependent upon people paying, re-evaluate.

KIRK HAMMETT

He is out of touch. We live in a world right now that is connected 24/7. A lot of those connections happen because of social media. So his recent, “Ivory Tower” comments about social media show just how out of touch he is. Also from seeing him play live on three occasions, he has made a career on the coat tails of James Hetfield and Lars Ulrich. Don’t believe me, watch the making of the Black album, especially the scene when Bob Rock tells him that the solo he just put down for “The Unforgiven” is garbage.

HYPE

We can see through the hype and we hate it. So much hype was around Dream Theater’s self titled release and it disappeared from the conversation within six weeks. Megadeth’s “Super Collider” is being outsold by the Black album. Daughtry’s “Baptized” took forever to record and it did nothing. You can’t have a song called “Long Live Rock N Roll” and not have it sounding anything like ROCK. It sounds like that one hit wonder song “I Wish I Was A Punk Rocker With A Flower In My Hair.”

RESPONSE SYSTEMS FOR COPYRIGHT INFRINGEMENT

NAPSTER showed the music business and the entertainment business at large, how fans of music, movies and books want to consume content. They want to download it easily, free of DRM, use it in any way they want and they want to do it for free.

For all of the talentless CEO’s that flew in private jets off the hard work by the artists, this was a big NO NO. So off they went to their lobby group arms, the RIAA and MPAA and they started to lobby hard the governments. The various sister associations around the world started to do the same thing. The best thing they could come up with is a graduated response system, financed by the ISP’s. It failed in France. It failed in New Zealand. In the U.S it is hard to tell, especially when you have a copyright troll like Rightscorp shaking down IP addresses. So if Rightscorp is sending shake down notices to ISP’s, then why does the US have a graduated response scheme?

The bottom line is this, the people who the RIAA and MPAA want to catch are years ahead of them in INNOVATION. And INNOVATION is what they should be focusing on.

THE ALBUM FORMAT

We are challenged with time and we only want the best. Since we are allowed to cherry pick, we will. Heavy Metal and Hard Rock artists need to understand they are in the hit business. It doesn’t matter if they are radio-friendly or not. Each band in each metal and rock genre, needs to create that song that hits us on the first listen.

That is why bands like Five Finger Death Punch, Avenged Sevenfold and Shinedown are so successful. They get the game. That is why Killswitch Engage is successful. Adam Dutkiewicz understands the power of a massive chorus. That is why Trivium is having a career. Over the course of all of their albums, they always had a song that had “hit potential” for the genre they are in.

Making money is hard. Just because a band releases an album, it doesn’t mean that we want to pay for it in its entirety, especially if it has got a couple of crap songs on it. It’s better to release 8 songs that a “certifiable smashes” instead of 12 songs that have four crap ones. However, it turns out the public still has time for Metallica’s “Black” album. It is still moving two to three thousand units a week and it is expected to pass 16 million by May.

Artists need to think about the no limits that digital offers them. We want the good stuff. Artists need to think about how they can provide us the good stuff, without resorting to the album format. Don’t base your career on dropping an album every two years. An artist needs to base their career on constant events.

GOING GOING ALMOST GONE

CLASSIC ROCK

The artists are on their last legs. Motley Crue is ceasing to tour, however stand alone shows, plus new music are still in the works. They have hit the same markets over and over again since their 2004 comeback and in between they have released 3 new songs on a “Greatest Hits” album, 13 new songs on “Saints of Los Angeles” and 1 new song in 2012. The train is slowly coming to a halt.

Aerosmith released a DUD. The train is not a rolling anymore for them. All up, Classic Rock bands have maybe have another 10 years left.

A transition is happening. The younger acts are generating touring dollars, playing smaller venues and at affordable prices. It’s happening.

ON THE UP

STORYTELLING

That is why TV shows are the most downloaded torrents of all time. Tell a good story and the world will be at your door step.

RICHIE SAMBORA

Seeing him in Australia, he is invigorated and he is having a blast. Not having to play second fiddle to Jon Bon Jovi, he is branching out again and this time, his roots are strong enough to balance his branches. The “Aftermath Of The Lowdown” is the best hard rock record from 2012 that went unnoticed because it was released so close to his Bon Jovi work.

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

Innovation V5.0 – It Just Keeps Getting Better from Liberation Music and Rightscorp

Each week, the technology industry and the sites that enable copyright infringing are innovating at a rapid rate to stay ahead of the curve.

YIFY is one of the more popular torrent sites out there. Instead of resting on their laurels they are innovation even more. Read this article. You will see all the development that YIFY carries out. These are the people who the recording industry need to employ, not shutdown. But when the entertainment industry only cares about dollars, sites like YIFY that facilitate sharing are seen as the bad guys.

The funny thing in all of this, is that Napster showed the entertainment industries what people want 15 years ago. So why haven’t they listened. Spotify is trying to compete however it is failing because people still want to download a song for free and be able to do anything they want with it. And they want to do it easy and with no strings attached.

In relation to the entertainment industries, check out their “wonderful” innovation list.

This one has been going on for some time. Liberation Music sent a bogus take down notice to YouTube on a presentation that Larry Lessig posted back in June 2013. Now for those that don’t know, Larry Lessig is a famed professor and a copyright/fair use expert. So they picked the wrong guy to try to censor. Lessig then filed a counter-notice and Liberation threatened to sue for copyright infringement if Lessig didn’t retract his counter-notice.

So who is Liberation Music. Of course they have to be from the same country that I am from, good old Australian. So Liberation Music owns the Australian copyright for a song called “Lisztomania” by the band Phoenix. The Lessig presentation has a snippet of that music.

Let me get this straight. Liberation is an Australian label, who owns the copyright for a song in Australia only and then issues a bogus take down notice on an US presentation that has a tiny “fair use” snippet on it.

So in response, Lessig filed for declaratory judgment and sought damages for the bogus take down offer. Liberation finally came to its senses when it realised it was going to lose and agreed to settle the case with Lessig, paying him an undisclosed sum that Lessig then passed on to the EFF (Electronic Frontier Foundation) who worked on the case.

Moving on to some innovative news, we have the latest internet troll Rightscorp at it again. This time they are trolling the torrent public trackers for IP addresses that are linked to the torrenting of songs that are on the Billboard 100. Nice business model if people actually get scared by the threats and pay. If they send out 10 million notices a year and 1 million pay the $20 infringement tax, then that is a cool $20 million.

Surely some of that money will go back to the artist, songwriter, producer or the performers. Innovation has ceased/never began for the Record Labels. All in the name of the guaranteed dollar.

http://torrentfreak.com/revealed-the-secrets-of-yify-torrents-network-140223/

http://torrentfreak.com/lawrence-lessig-wins-damages-for-bogus-youtube-takedown-140228/

http://torrentfreak.com/billboard-100-pirates-automated-fines-140227/

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

Entertainment Industries Innovation V4.0 – When Will “Smoke On The Water” enter the Public Domain?

As a fan of music and the public domain it’s hard to understand why longer copyright durations are requested from the Corporations that control/hold the majority of copyrights. The majority of the music that I like was under copyright when I was born and by the time I die, it will still be under copyright. So how is that benefiting the creator in creating more works (who will be long gone) and the public who are meant to build off previous works because that is how culture thrives.

Remember, copyright was designed to give the creator a monopoly on their works for a certain period of time so that the creator can monetize their work, which in turn provides an incentive to create further works.

So without really realising it, we (the public) have a copyright law that more or less lasts a lifetime.

Let’s use “Smoke On The Water” as an example. It was released in 1972. Copyright on the work is meant to last the lifetime of the songwriters plus 70 years. The male life expectancy is 80 years. The songwriters listed for “Smoke On The Water” are Richie Blackmore, Ian Gillan, Ian Paice, Roger Glover and Jon Lord (RIP).

Let’s start with Jon Lord. Due to his death in 2012, his copyright in the song will expire in 2082. However the song will still remain under copyright due to the later deaths of the other members.

Let’s assume that all of the members live to the life expectancy age of 80 years old. That would mean Richie Blackmore, Ian Gillan and Roger Glover would have an end date of 2025. Add another 70 years to that and the copyright that they hold in the song would expire in 2095. However at this point in time the song is still under copyright.

Ian Paice is born in 1948, therefore his life expectancy end date would be 2028. Add another seventy years to that and the copyright monopoly held by the corporations on “Smoke On The Water” will finally expire in 2098, 126 years after the song was released. That is when, the public (provided that no more retroactive extensions are added) are allowed to use the song to build other works and derivative versions.

So the next time a copyright maximalist insists that copyright has an expiry date, tell them they are full of it. Copyright in reality has no expiry date during our life time. Remember in the US, the “Copyright Term Extension Act” extended the copyright of old works that should have been in the Public Domain to 2019.

And guess what the copyright corporations are gearing up for?

Yep, you guessed it. They are gearing up for another secret lobby/bribery effort to extend it. Using PIRACY as their weapon of choice, the lobby groups are pushing hard for the Government to step in and protect their business models.

Maybe they should focus on paying their artists accurately and properly. A story over at Hollywood Reporter, mentions about how Sony Music Entertainment is getting sued by the music company “Thursday by 19 Recordings” for royalties not paid, to the tune of $10 million. The interesting part of the case is how the record labels treat streaming payments.

The lawsuit is making the claim that streaming payments to the artists need to be classified as licensed works and not as sold works. The difference between royalty payments for licensed works and sold works is huge.

On what about this for a piece of innovation from the entertainment industries. Poor old LeaseWeb, the web hosting provider. One if it’s clients was Megaupload.com. As we all know, Megaupload was taken down in an Osama Bin Laden style raid in a classic example of overreach by the entertainment industries. The law enforcement bodies took action on this case based on evidence provided/lobbied by the Entertainment Industries namely the MPAA. Anyway, fast forward to 2014 and LeaseWeb is now being sued for allowing the hosting of websites that infringed on copyrights. While we are at it, let’s sue the car manufacturers for allowing us to infringe on the speed limits.

In Australia, the Attorney General, George Brandis wants the ISP’s to outlay money and carry the burden of protecting the business models of the entertainment industries. How about the entertainment industries releasing content on time and at a reasonable price. Graduated response schemes haven’t worked in France, the US and New Zealand, so let’s keep on pushing for them.

And to make this story even more interesting, the lobby group that is pushing for this three strikes rule has donated close to AU$4 million to the Liberal and Labor parties since 1998.

The Australian Screen Association (ASA), formerly known as the Australian Federation Against Copyright Theft (AFACT) who is well-known for the triple knockdown they received from iiNet in the courts. So of course, since the 2012 ruling, ASA has lobbied the government hard for a graduated response scheme. ZDNet did a great piece on this around the donations.

Keeping with the Australia theme, I just finished reading a story over at News.com.au about how Foxtel (the ONLY Pay TV provider in Australia) is planning on taking on the people who pirate “Game of Thrones” with a new cut-price plan. Before we get into the new cut price plan, it’s important to set the scenario.

Foxtel holds the exclusive rights to the “Game of Thrones” season 4 run in Australia. This means that the only legal way to watch the fourth series of “Game Of Thrones” in Australia is to pay for a subscription. Nice innovation.

Obviously this is an unpopular choice. No one wants to take out an expensive Pay TV subscription just for a TV show that has a 10 week run. Foxtel has another package called Foxtel Play, which is pay TV over the internet.

So Foxtel is saying to people, hey, if you have a Foxtel Play account, which costs $25 a month for a package based on a genre and of course the movie genre/Showtime is not included in that package, however if you chuck in another $35 over three months, you can watch “Game Of Thrones” legally.

So in reality, that three month run is going to cost a fan of the show, $110 to watch Game of Thrones legally in Australia. That is $75 (from the $25 a month for a Foxtel Play package that will still continue after the shows run is over) plus the $35 for the Showtime channel.

Yep, that is typical innovation from the entertainment industries.

Or how about the comments from John Landgraf, CEO of FX Network and Rick Cotton, Senior Counsellor of IP protection at NBC Universal.

“The legal copy of a property that’s been placed online can then be pirated.”

Yep, much the same way a legal DVD and Blu-Ray can be copied. Much the same way a legal airing of the TV show can be copied. Much the same way a legal VHS cassette could be copied.

Yep, sounds like typical innovation from the entertainment industries to me. I also like the part how they are trumping up the stats that piracy websites make a whopping $4.4 million annually on ads. If that is the case, then why don’t the entertainment industries offer the same service as the piracy websites do and make that same money. That is one way to compete with free. The reason why they don’t do it, is that the licensing deals they have around the world is worth way more. A lot more.

The audience for entertainment products has changed. Napster changed everything. That happened almost 15 years ago. So why haven’t the entertainment industries given the audience what Napster did 15 years ago.

http://m.theaustralian.com.au/business/latest/brandis-mooted-piracy-crackdown-riles-up-isps/story-e6frg90f-1226831754567

http://www.news.com.au/entertainment/tv/game-on-foxtel-takes-on-game-of-thrones-pirates-with-new-cutprice-plan/story-e6frfmyi-1226835839975

http://www.zdnet.com/au/lobby-pushing-for-australian-piracy-crackdown-donates-millions-7000026421/

http://variety.com/2014/digital/news/nbc-universal-fx-chiefs-call-for-increased-anti-piracy-measures-1201111186/

http://www.vcpost.com/articles/21728/20140219/digital-citizens-alliance-report-shows-piracy-websites-also-make-a-whopping-4-4m-annually-on-ads.htm

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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Music, My Stories, Piracy, Stupidity

Sharing Music via Word Of Mouth

I got a 8GB USB stick of music given to me recently by a musician friend who told me that I need to check out the bands on the stick. When I was growing up we used to these kinds of trades on cassettes. Back then we had an hours or hour and a half worth of music. Today 8 gigs worth of music is about 270 songs at 320kbps. Yep, that is how it is done today. People have no respect for copyright law and why should they. For all of us, copyright is present on songs that we like from when we are born and it looks like it will still be in place on the same songs when we die. Is that a law that should be respected?

So I am listening to a few of the bands. “Dirty Passion”, “Degreed”, “Riverside”, “Denial Method” and “Devilicious”. Yeah I know, I caught the same trend as you, most of them start with the letter D.

Anyway, I am trying to put my head space into the same head space as the guys in the band. They obviously want to be in music. They want to be in a band, so they form a band. They write some music, play some shows and spend a lot of time and money to record an album.

THEN WHAT.

What is the plan after that?

Do they wait for all the reviews to talk it up and hope that someone from a label is going to pick it up and promote the hell of it?

Do they promote it via social media and hope that people will buy it, because that is what people needed to do back in the Nineties to get music. Yep, we needed to pay for it, and a high price at that.

However, the same fans don’t want to pay for it today. Okay, let me rephrase that. Fans of music will only pay for what they want to pay for. The bands they like, the songs they like will still get supported. It could be via an iTunes purchase, via an Amazon purchase, via YouTube views, via Spotify streams, via concert attendances and so forth.

So any new band starting out needs to face two hard realities;

1. People will pay for what they want to pay for

2. Getting your message/name out is still hard.

Bands/Acts don’t realise that going viral or hitting the top is all based on the music. The whole marketing shenanigans comes after. Bands need to start with a great tune.

Producer and manager, Marty Thau just passed away and in a 2009 interview, he spoke about what he looks for in artists.

“I’ve always believed there is a fine line between abstract and pure accessibility and that is what I’ve always looked for. An artist who can be abstract and conventional at the same time and, most importantly, reach people. That’s the magic we all seek. It’s called originality … and, of course, it’s still about songs. That’s the starting point.”

For example, I like Machine Head. I like the tarot idea of the four different covers they will be utilising for their Record Store Day contribution. The marketing and the hype behind the release is top-notch. Now if the song “Killers and Kings” is a dud, it’s not going to bode well. The songs are the starting point for everything.

In relation to the vinyl revolution, stats from Billboard.com show that vinyl sales are growing each quarter. In the end the percentages they are talking about is small change in the sea of billions. It’s a hobby thing. I will be purchasing the four editions of “Killers and Kings” purely as collector items. I won’t even play them.

The thing is vinyl never went away. During the Nineties when everyone went to CD’s, it was the Second Hand store that exploded. Any store that stocked vinyls, would be busy as hell. That is when I picked up, 700 plus vinyl records. Between the years of 1992 and 2002, i more or less purchased the whole seventies and the eighties. All for a price less than $5. I even picked up “Quiet Riot II” with “Randy Rhoads” for $10.

During that time, the press and the recording business ignored vinyl, however in 2014 they trump it up. Isn’t that typical.

I digress. Going back to the post, just because a band or an act does make it, it doesn’t mean that the whole world wants to listen to it or own it. It all comes down to time, which a lot of people don’t seem to have. So people will only revert to music that they want.

The reason why pop music thrives is that the audience shares it. From my own experiences, metal and rock fans are very divided. There is an elitism running through the ranks. Because of that elitism, you don’t get that same sharing experience. When I say sharing, I am talking about the sharing of links to the songs, like Spotify sharing or YouTube sharing.

So what about the bands I listened to.

Dirty Passion – Into Wonderland
Released in 2012

They are from Sweden. “In Wonderland” is their second album. The band formed in 2007. Facebook shows 13,000 likes.

So how is it?

It’s melodic rock with a Guns N Roses “Appetite For Destruction” type swagger merged with some Skid Row attitude. The vocals are raw. The songs that stood out on first listen are “Into The Wild”, “When Darkness Falls”, “Shadowland”, “Make It Last” and “Light Of The Candle”.

Would I recommend it?

Yes, it was an enjoyable listen. They won’t achieve world domination, however they will have a career in the niche they are in. The lyrical themes in the songs sounded a bit cliché, however they can only get better.

Degreed – We Don’t Belong
Released in 2013

They are from Sweden. Like “Dirty Passion” this is album number 2 for them. The band formed in 2005 and Facebook shows 1500 likes. Based on the likes, “Dirty Passion” has worked harder to build their social media presence.

Their bio states the below;

It took 5 years of hard work to even get noticed and a bunch of shameful proposals to get where they are today but these 5 guys know how hard you have to work to get what you want and they won’t stop until they get just that, what they want.

Isn’t that the nature of the recording business. Exploit the artist. Some are so hungry for fame, they will allow it. Other artists are smarter and if it means a smaller fan base, then so be it. As long as they did it their way.

So what about the album?

They released an album of twelve tracks however six ended up being a good listen. The standout tracks are “Black Cat”, “What If”, “Inside Of Me”, “Blind Hearted”, “Coming Home” and “We Don’t Belong”. It’s modern alternative rock, mixed with melodic rock (especially around the keyboards).

It is way more polished than “Dirty Passion” with a clear emphasis on arena rock choruses and pop sensibilities. The guitarists wail on the album. Really dig the song “Inside of Me”. It’s got that Imagine Dragons/Coldplay feel.

If I had to pick between “Dirty Passion” and “Degreed”, “Degreed” wins. They walk the fine line between staying true to melodic/hard rock and pop music, filtered with progressive and guitar heroics.

Denial Method – The Surface and The Vision
Released in 2008.

They are from the US. It is their first release and their Facebook page has 90 likes. It’s hard to ascertain if the band has broken up. After hearing their debut, it’s easy to see why the band could be broken up. Only two tracks are worth a mention. You see when you play in a crowded modern alternative rock scene you need to be a touch different, a touch special, a touch unique to stand out.

“The Silence” is a decent track. It is in the vein of bands like Earshot, Breaking Benjamin and 10 Years. That is also the reason why it falls down. Much like in the Eighties. All the bands that came out and started to sound like Motley Crue, Guns N Roses and Metallica, where are they now. Maybe having the guitar hero solo in it, would have made it different and unique enough to stand out.

“So Many Days” is another decent track. I love the acoustic however this song just sounded too strummed.

Moods.

What happened to them? Fingerpicking, single notes arpeggios, little flamenco guitar fills. Let the song breathe. Extend it.

So if I had to place “Dirty Passion”, “Degreed” and “Denial Method” it would be “Degreed” first, “Dirty Passion” second and “Denial Method” third.

Devilicious – The Esoteric Playground
Released in 2012.

They are from Sweden (seriously what a scene in Sweden). It is their 2nd release and their Facebook page has 1,195 likes.

They are basically a metalised version of The Cult. And I dig that

“Succumb”, “Hollywood” and “Post Mortum” all have this Black Sabbath vibe.

So if I had to place “Dirty Passion”, “Degreed”, “Denial Method” and “Devilicious” it would be “Degreed” first, “Dirty Passion” second, “Devilicious” third and “Denial Method” fourth.

Riverside – Shrine Of New Generation Slaves
Released in 2013.

They are from Poland and this is their sixth release. Their Facebook page shows 55,518 likes. I really enjoyed 2005’s “Second Life Syndrome” and 2007’s “Rapid Eye Movement” however after that they just fell off my radar. Blame the internet for allowing bands to release so much music.

Riverside are a damn good progressive rock band. There is a simplicity in complexity when it comes to their music. They know how to take the complex and make it simple, setting moods and letting feel lead the way. Don’t expect anthemic arena rock choruses with Riverside. There is none.

“Shine Of New Generation Slaves” is a brilliant exhibition in Pink Floydism prog. To like Riverside, you need to be in the mood. A “Dark Side Of The Moon” mood. Relaxed and mellowed.

My friend shared these bands with me and that is how we still get the word out today. Word of mouth.

http://ultimateclassicrock.com/marty-thau-dies/

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My Stories, Stupidity

Doctor Doctor – Surely You Can’t Be Serious

I hate it when my kids get sick. My little guy is all congested. A blocked nose leads to an irritated throat, which then leads to an irritating cough. All of those symptoms then leads to a temperature and the dreaded visit to a Doctor.

So after work; my wife called the Doctors office. You see, we are in the process of switching Doctors as our current GP is past 80 and only works between 8.30am to 12pm. Obviously these hours do not suit us anymore. So we are trying to find a new GP and we believed that we found one, however she works in a very busy medical centre with lots of other doctors and she works by appointment.

Anyway, my wife called the office of that medical centre and asked to make an appointment to see the Doctor that we prefer. The receptionist tells my wife that our preferred Doctor is booked out until next week.

So my wife asks the receptionist, what are parents like us meant to do when our child is sick and we need to see the doctor ASAP?

The receptionist states that there are other doctors at the centre that could see us in the afternoon for the next day. Seriously, we have to wait another 24 hours before we get a chance to see a Doctor. Regardless of how we feel about it, we take the appointment for 4.45pm the next day, to see a Doctor that we do not prefer.

My little guy is a little pain in the ass when it comes to Doctors. He hates the doctor, hates the check up, hates taking Panadol, hates taking his antibiotics and he hates wet rags. Basically anything that could make him better or assist him, he kicks and screams his way through. It’s a dead set painful process for all involved.

So the next day rolls around and the same medical centre calls my wife and tells her that the Doctor we do not prefer, however we are meant to see has called in sick. To top it all off, they are not sure if they can fit us in anymore. They will have a look and get back to us.

I am thinking, this can’t be happening. Not in Australia. Surely we are better than that. However, when money trumps medical care, anything can happen. Just recently, the newspapers reported doctors who bulk billed the government for seeing more than 80 patients in a day. Seriously, 80 patients in a day. And a day for those doctors involves 3 hours from 9am to 12pm and another 3 hours from 3pm to 6pm. So in 6 hours, they saw 80 patients. Yeah right. What a dead set rort?

Anyway, we start calling other places and we get a slot to see a Doctor at 7.30pm at another medical centre just up the road. We call back the original medical centre to tell them to not bother looking for a replacement doctor for our 4.45pm appointment and they start giving us a hard time. Are they serious?

And then I started thinking of the movie Flying High.

Ted Striker: Surely you can’t be serious.
Rumack: I am serious… and don’t call me Shirley.

And I had a laugh.

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

The World According to Nikki Sixx

“When you spend nine months working on an album, all the work that goes into it and recording it, mixing it, mastering it, then you release it and it falls on deaf ears.”

“I’d rather work on two songs under that plan (exploring the idea of placing their songs in films, or signing sponsorships deals through integrated marketing with other types of companies that want to use their song specifically to reach tens of millions of people) than do eleven songs that only reach 100,000 people.”

Nikki Sixx from Motley Crue said the above in a recent interview.

The album format is dead and buried. People just don’t have the time to sit down and play an album from start to finish over and over again anymore, especially when there is so much other content out there to consume.

So what is this telling us. It all depends on which side of the argument you sit.

The record labels and the RIAA will say that this is what happens when people pirate/copyright infringe. They will call for stronger copyright enforcement.

Sociologist would say that sales of recorded music have declined due to the rise of other desirables, like apps and gaming in general. Look at the sales of the “Halo” games series by Microsoft. “Halo 4” made $220 million in 24 hours. Overall, the whole series has grossed over $3.4 billion. Have any rock bands reached that many people?

“Angry Birds” caused an app sensation in 2009, “Candy Crush” caused a bigger credit card sensation in 2013 due to its innovative in-app purchase system. What about the recent free game “Fluffy Bird”? It was free and it got downloaded 50 million times. Then the creator just pulled it.

Fans of music will still listen to music, however music now has to play on a crowded field compared to the Eighties. We had music on terrestrial radio, LP’s, CD’s and Cassettes. The profit margins on these items were huge for the record labels.

In 2014, we have music on LP’s, CD’s, on iTunes, on streaming sites, on Amazon, on terrestrial radio, on internet radio, on YouTube, on various other downloading sites, both legal and illegal. The profit margins vary from high to low on the various ways we consume music.

In addition, we also have television on Free to Air, Pay TV, Internet TV. We have movies on streaming sites, at the cinemas, on pay TV channels, on DVD’s, on BluRays, on various other downloading sites, both legal and illegal. We have Games on PC’s, Consoles and Apps. We have books electronically and on paper. We have Facebook and Twitter to connect. More time is spent on these sites than listening to actual music.

Fans of Motley will say this is a product of the times. It’s a singles market. Daft Punk released an album, however it turned out that it was the song “Get Lucky” that people actually wanted. The single format works well for pop music.

However, metal and rock fans are still stuck in the album ideology.

Dream Theater released an album without a decent single and after six weeks, it’s US sale run was over. However, they are happy to do that every two years. They know that their livelihood is touring.

Protest The Hero organised distribution deals with other labels for “Volition”, however it was all for nothing, as the 8000+ hard core fans already had a digital version of the album via the Indiegogo Campaign. It’s just a shame that the perks still haven’t arrived, almost 5 months after the release date.

Other fans will say, that Motley Crue should release something worth buying and that they will buy it. Motley Crue released “Sex” in 2012. Since I am on the Motley Crue email list, it was offered as a free download for 24 hours when it first came out. I went and downloaded it. It is classic Crue and a great song to add to the set list.

James Michael from Sixx A.M. also released a single called “Learn To Hate You” in November, 2012. It only has 116,034 views on James Michael’s YouTube channel, while Motley Crue’s “Seek” has 108,038 views on their Motley Crue Vevo Channel and 449,397 views on a user channel called Lachi James.

So from reading Nikki’s views on new music, I believe now that the release of “Sex” from Motley Crue and “Learn To Hate You” from James Michael was an experiment in how can an artist release a song and reach millions of people.

How many people would have acted quickly enough to download the song as a freebie within the 24 hour window?

How many people from a certain city would have purchased the song via iTunes after hearing Motley Crue perform it on the Kiss tour while they were in that city?

How many people would have downloaded the song illegally?

How many people viewed a YouTube post of the song?

How many people streamed and shared the song?

If a band wants to monetize and have reach, they need to create and keep on creating. They need to release everything on YouTube and Spotify and iTunes all on the same day. It is better for the band to control the YouTube releases than allowing others to monetize their content.

So what is happening with Sixx A.M.?

The new album has been talked up a fair bit by Nikki via his Facebook posts. New music for them has been in the pipeline for a while. So is it because Sixx A.M is classed as a new band, radio will play them. Terrestrial radio is dead. That format is dead. The opportunities are all on line now.

I consider Nikki Sixx a musician. A musician by definition is someone who creates music. And that is what musicians do when they are hungry. It is all about the music and only the music. But, once they reach the top and start focusing on the trappings, the music part starts to fade away as the focus moves to keeping what they have attained.

Musicians took risks and stood for something. They made money, they blew money, they did drugs, they made money again. Rock stars did it their way. That is why we flocked to them. That is why we became fans. They represented an attitude, a sense of freedom that connected with us.

As a fan of Motley Crue, I am disappointed that there decision to make new music is because on money and reach. The people that want new Motley Crue music will get it. So why don’t they service those fans.

And the Final Tour. Serious. They just finished touring. Kid Rock did a tour with $20 concert tickets. His risk paid off. All his shows sold out and those $20 ticket fans got converted into Kid Rock fans. Digital sales increased. Merchandise sales increased. Streams increased. Kid Rock went on that tour without a guarantee that he will be paid. He played the game without a safety net.

However, no one is keen to follow in his lead. Everyone wants that contract from Live Nation, the cash up front, the guarantee. The artist, along with their managers, agents, enablers, handlers, the pet dog and whoever else is attached to the entourage, want the money first and to leave the onus of recouping to the promoter.

Come on Crue. Put all of your issues aside and record a decent amount of music and get it out there.

http://ultimateclassicrock.com/motley-crue-no-final-album/

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

Entertainment Industries Innovation V2.0

Yesterday I posted about how the music industry innovates. If you caught the drift of the post, it was full of sarcasm around their “innovation” practices.

Seriously the music industry thought it was wise to spend money on an anti-piracy app. Paul McGuiness thought it was time to complain again about Google not doing enough to protect his 1990’s income stream and finally a copyright troll called “Rightscorp” is looking to shakedown people that they identify via IP addresses, even though judges across the world have stated that the IP address doesn’t show who the actual infringer is.

So continuing on with yesterdays innovation theme, what goodies do we have in store today.

First off, the Hollywood Reporter has an article about Voltage Pictures shaking down people that are sharing the “Dallas Buyers Club” movie. For those that don’t know, Voltage Pictures made the headlines 4 years ago for “pioneering” a new breed of copyright troll lawsuits around “mass swarms” of torrent users. However the question needs to be asked, IS piracy really hurting the movie? Wikipedia states that the movie cost $5 million to make. In the US it has grossed over $22 million. Now what Voltage Pictures should be doing is making the movie available to the whole world on the day of it’s release.

For example;

Portugal had a cinematic release date of January 16, 2014. Colombia had a cinematic release date of January 24, 2014. The Czech Republic, Netherlands, Singapore and Thailand had a cinematic release date of January 23, 2014. France had a cinematic release date of January 29, 2014 and Italy had a cinematic release date of January 30, 2014. In 2014, Geographical gated releases are stupid. The movie came out in the US in November, 2013. It came out on DVD in the US know in February, 2014. Once the movie is out in a country, it is out to the whole world.

Anyone heard of David Braben. He is known as “The Godfather of Gaming” and at one stage he was a very vocal piracy critic. However he now has a very different view on the issue;

“Piracy, while frustrating, can contribute to game evangelism.”

“It can also help you reach new territories. For example, we are huge in China now. In the old days of silver discs, it would have been impossible to break the whole country. We would have needed an office in every province but through piracy, our games are circulating and fans are now seeking us out.

“Piracy goes hand in hand with sales.”

“If a game is pirated a lot it will be bought a lot. People want a connected experience, so with pirated games we still have a route in to get them to upgrade to real version. And even if someone’s version is pirated, they might evangelise and their mates will buy the real thing.”

As the Techdirt post points out, Braden acknowledges that the piracy of his games is irritating. Every creator and artist can relate to that. However, instead of fighting them, he is putting strategies in place to turn those pirates into customers. His latest project, Frontier: First Encounters, the latest iteration in the “Elite” series was funded via Kickstarter. The initial goal was to raise £1.25m. In the end it raised over £1.5m, however the important part of this, is that once the mainstream media started to report on it, the project got another £700,000+ from investors. And that is what fan funding is all about.

It’s not about the money raised, it is about the marketability of the product. Are people interested in what you have to offer. Protest The Hero fan funded “Volition” and then they got label interest for the physical distribution of the album, along with merchandise interest for the tour.

So while Voltage Pictures are spending their money mobilising their legal teams to capture pirates and make them pay up, David Braden and his company are turning those pirates into loyal customers who are paying up because they want to participate in what Braden has to offer.

Going back to the anti-piracy app launched by the music business, I still can’t believe they actually spent money on that rubbish, especially when you have the company behind the BitTorrent client pushing the boundaries in relation to DIY distribution.

The BitTorrent Bundle has been around for a while and it has been used by various artists and creators to promote their works. Basically it is showing itself as another great distribution product, which gives any creator another way to connect with fans of their content and something to be used in conjunction with Netflix, iTunes, Spotify and YouTube.

This is how the entertainment industries fail. They fail to think with a different mindset. Everything is so locked up with profit margins and sales, they fail to see the many opportunities on offer to their creators. While the executive boards of the entertainment industries focus on profits in return they are exercising a poor duty of care to their creators, who are the ones that actually make money for them.

No one wakes up in the morning and thinks to themselves, “I want to hear some music from Universal artists” or “I want to watch a movie from Fox Studios” or “I want to read a book from Titan Books” or “I want to watch a TV show from HBO”.

We wake up with the mindset of “I want to hear Lynch Mob” or “I want to watch Star Wars” or “I want to read “Darth Bane: Path To Destruction” or “I want to watch “Game Of Thrones”.

In Australia, there has been outrage about how HBO signed an exclusive only deal with our only PAY TV provider FOXTEL for “Game Of Thrones”. Basically, if an Australia resident doesn’t have the stupid and expensive PAY TV contract in place, they cannot watch “Game of Thrones”.

So of course, Australians download it. Illegally.

However if you dig deep into HBO’s exclusive rights deal with FOXTEL, you will see that HBO really doesn’t care about “Game Of Thrones” being locked up behind a paywall. The reason why HBO doesn’t care is that they make a shit load on the DVD/BluRay sales in Australia. The profit margins from a DVD and a BluRay sale are exactly what HBO wants.

So while the entertainment business are trying to teach the consumers that piracy is bad, the technologists (like BitTorrent) are innovating even further and are providing creators even more options to distribute their product and connect with fans.

As David Braden stated; “It (piracy) can also help you reach new territories.” and “It can lead to an increase in sales.”

And that is what HBO is very aware of. They have seen the results, especially in Australia. PIRACY of “Game of Thrones” has led to huge sales of the DVD/Blu-ray releases of each series.

Finally, while the recording industry screams piracy, one of their own executives is accused of using major label money to fund an extravagant lifestyle. While the recording industry ignores innovative ideas like “BitTorrent Bundles”, the ones that do embrace them are seeing their products reach millions of users. For the record the most downloaded torrent for 2013, was a legal one.

The sad thing in all of this is the artist/creator. They are the ones that actually create the content that the people want. When they get into bed with a record label, it rarely ends well for them as the record label is only interested in profits RIGHT NOW.

They don’t care about the exposure that other distribution channels can offer them, which could lead to increased sales in the long term.

http://www.indiewire.com/article/bittorrent-sets-the-record-straight-about-piracy-wants-to-partner-with-filmmakers

http://variety.com/2014/digital/news/bittorrent-looks-to-spruce-up-its-image-with-hollywood-1201086470/

http://www.smh.com.au/entertainment/box-seat/game-of-thrones-finale-sparks-viewer-frenzy-20130611-2o1bw.html

http://www.tonedeaf.com.au/news/international-news/383823/former-major-label-executive-accused-of-embezzling-1-million.htm

http://nypost.com/2014/02/04/former-warner-music-exec-allegedy-embezzled-over-1m/

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Music, My Stories, Stupidity

This Is The End (Sonata In (C)ourt # Minor)

Okay I am going to pick a side in the Adam Duce vs Machine Head court case.

Fans want their acts to be transparent and honest. Robb Flynn is pretty transparent in his journals. Adam Duce on the other hand used that transparency as a basis for a defamation case. The whole Machine Head message boards are down. Don’t expect any more Journals from Robb Flynn. They will be at a stop. How’s that for some democratic censorship?

The task of the band leader is to keep the ball rolling and to keep the money coming in. The task of the manager is to ensure that the ball is rolling so that they he also gets paid. The task of the other band members is to ensure that they play their part in keeping that ball rolling.

I think it is safe to say that Robb Flynn is the band leader in Machine Head. Since he is the band leader, if he says, “let’s get to work”, you would expect that the other band members would get to work. Adam Duce had some comments in relation to this in an interview from 2011;

“I had some issues with [the writing] process [for 2011’s ‘Unto The Locust’]. I kind of took myself out of it until it was time to write my bass lines. I wrote a bunch of music, or riffs, that Robb didn’t have any idea what to do with vocally, and so he didn’t wanna use any of that. But more importantly, I wrote lyrics that meant a lot to me and I gave it to him. I’ve given him page after page after page of lyrics. And it usually comes back that way, [where] he’ll use a verse or a part of it or whatever — ‘I’m gonna take this part and put it down here.’ . . . whatever works for the cadence. But I got kind of burned on putting my soul out on a piece of paper and giving it to him and when I see it next time, there’s no remnants of what the original idea was. And I was just like, ‘You know what, dude?! I’m not giving you any more fucking lyrics, because I’m fucking sick of looking at this, the way that it fucking turns out.’ I said, ‘I’ll work on it with you at the same time, but I’m not giving you any more lyrics. I’m not giving you pages of lyrics.’ He was fucking angry at me for a while, but you know… that’s fucking what happens.”

“I’ve thought about quitting on different occasions, but I mean,Robb‘s thought about quitting on different occasions as well. Dave[McClain, drums] actually quit the band. I can safely say everybody’s thought about quitting at one point or another.”

“…that’s what happens in a fucking situation like this, but it’s a one-way street in my situation, ’cause [Robb] can work on his stuff as long as he wants to until he’s got it [right]. But it doesn’t work the same way, because I’m not the singer, so I don’t decide which cadence it goes into and what works for me. The final say is always his, because he’s gotta sing it.”

Reading the above, it made me sympathise with Adam Duce’s plight. As an artist, you want to contribute. You want your message, your words and your music to also come out. Now I have been the Robb Flynn persona in a band and even though I tried to keep it as democratic as possible it never worked out. Band members became unhappy when their ideas got shot down or their lyrics got manipulated and re-worded.

Then I have been on the other side of the coin, where I have handed in music and lyrics to the singer/guitarist of the band I was in, only to have them rejected or ignored or re-arranged into something that wasn’t even close to the original idea.

In 2009, Flynn and Duce had an altercation which led to therapy. Word on the street was that Robb Flynn was ready to quit the band, until Duce reached out to call a truce; This is what Duce had to say about it in a Metal Hammer interview from 2009;

“I didn’t think about leaving [following the arguments in Europe] but I have thought about it. There have been times when I’ve thought, ‘Well, if this is the way it’s gonna be then I don’t want to be a part of [the band].’ But I was 30 when I thought about leaving, and I’m 36 now. I haven’t thought about leaving recently.”

Adan is referring to 2003, the same year that Robb Flynn mentioned in his journals of when Adam actually left but never bothered telling anyone.

“We may have fired Adam on 2-11-13, but Adam quit Machine Head well over a decade ago. He just never bothered to tell anyone… but we all knew it.”

Can anyone speak the truth in the music business anymore, without the threat of a court case? Can a band member leave or be fired without the threat of a future court case?

In the same Metal Hammer interview, this is what Robb Flynn said about the Amsterdam 2009 incident and about Duce;

“But sometimes it seems that he gets consumed with stuff at home that supersedes the band totally, you know. A lot of it had to do with trust issues, and him honoring, or not honoring, the things we agreed to. He doesn’t like touring, and that’s a hard thing to get your head around with a band that tours as much as we do. I was pretty sure he was going to quit in 2007 not long after [the Download festival], he just seemed miserable. When he broke his leg and we toured without him for the one tour, I think it helped him appreciate the band more, and it made me appreciate him more and what he brings to the band.”

Adam Duce was also a part of that same interview and he didn’t object to Robb’s statement. In the end, if Machine Head lives and dies, the buck stops with Robb Flynn. If Adam didn’t want to be a part of it anymore then he had to go. From the various incidents it looked like Machine Head was carrying Adam Duce.

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

Chaos + Disruption = The Music Business

It’s a chaotic and disruptive time in the music business and with chaos comes opportunity.

On one side you have COPYRIGHT. And that can be broken down into a lot of other little chaotic categories like infringement, the length of copyright terms, copyright monopolies, the lack of works entering the public domain and so on.

The public domain is culture. Keith Richards once said, ‘you can’t copyright the blues.’

Culture is built and expanded by sharing stories and building on the works of others. Led Zeppelin, The Beatles, The Rolling Stones and all of the sixties greats like Hendrix, Clapton and Beck used this concept. They built off the blues.

However copyright law and its real purpose got hijacked by corporations and everything changed. Instead of culture being built up in the works that the public creates and shares, the public is now faced with copyright corporations locking away works that should be in the public domain by now. These works that should be in the public domain do not benefit the original creators in any way, however they are beneficial for the few copyright monopoly gatekeepers.

For culture to thrive once again, it is important to respect the public domain.

Then on another side of the music business you have the RIAA who continually push lies out into the world, so that technology companies can do something to protect crap business models. Did you know that the global music industry sent it’s 100 million takedown notice to Google, to remove search links to certain sites. It looks like the RIAA doesn’t get it.

So if a person types in “free mp3” in Google Search what should Google return?

Sites that have free mp3’s or sites that the RIAA want Google to point to when that term is typed in. Maybe when that person types in free mp3, they want a free mp3 and have no interest in paying.

Then you have the ISP’s on another side that are caught up in the middle of all this as they offer the service that provides internet access to users. According to the RIAA and the record labels, the ISP’s allow “copyright infringement” to happen, therefore, they need to do something about it to help out the music industry. In Australia, this is heavily disputed, however in other parts of the world gradual response schemes are in place.

Then you have the technology companies trying to offer low cost services to fans of music. However, low cost to a fan means high costs to the RIAA and the record labels in licensing fees. This is before the new service is even allowed to trade. If the new service starts to trade without licensing in place, expect them to be litigated into submission.

Have you noticed that artists have not been mentioned anywhere as yet. That is how far the music business has come, where the actual music is only a small part of it, however it should be the major part of it. For the business to thrive, you need great music.

I was looking back to some of the releases in 2013 that I liked. Two of my favourites are “Protest The Hero” and “Coheed and Cambria”.

“Protest The Hero” and “Coheed and Cambria” are working to the “Keep your fan base close” mantra. Both of the bands moved from major labels into a DIY independent mindset, realising that their fans are king.

Exceptional fan service is the key driving force behind a bands success. I expect “Coheed and Cambria” will get a lot more fans purchasing the next super deluxe package for the new album because they did such a great job with “The Afterman” releases.

“Protest The Hero” on the other hand have fallen into the fan funded conundrum where the perks always arrive later than expected for international fans. I live in Australia and I am still waiting for the perks to arrive. The band have been clear with their information, advising that it will take 6 to 8 weeks.

It’s good old business 101, “treat your customers right and they’ll stay with you forever”.

Then you have bands like Five Finger Death Punch, Avenged Sevenfold, Dream Theater, Stone Sour, Killswitch Engage, Trivium, Volbeat, Alter Bridge and TesserAct that have label deals.

Should those bands go independent like Protest The Hero or Coheed and Cambria. It all depends on a person’s definition of success and hard work. Going independent means that you need to build a team around you like any business start-up.

What are the benefits of going independent?

The lesson is simple. Selling your artistic freedom and independence as a “success” strategy can bring lucrative rewards. But it’s not always the best move for your career, as you are also selling off important data to the record label. The record label doesn’t want to know your fans or connect with them. They want you to do it, so that the label can make money of that relationship and then pay you a percentage of it.

Coheed and Cambria moved over 100,000 units of their deluxe “Afterman” editions. At $60 (I think it was $68, however I will use $60 for the example) an edition, that comes to $6 million in revenue. If the band was on the label model, what percentage would the band see from that $6 million.

The music market/business is filled with acts trying to make it. It is going to take a huge effort to stand out amongst the rest. Music is a lifer game. It is a slow and steady approach that builds careers.

Artists should be looking at development. With each song release, artists should never be afraid to try things out. Even try out new technologies that make it very easy for their fans to interact with them and their music. In a company, this is called research and development. Investing in your career is never a mistake.

The artists have the power to make the record labels redundant, purely to be used as a distribution arm if needed, however with the rise of streaming technologies, even this arm can be in danger of disappearing. Bands like Coheed and Cambria, Protest The Hero and Digital Summer have seen the recorded business side of things and have decided, hey we can do it better. That’s what great businesses are made of.

So in all of this chaos, who will rise and who will fall? Time will tell, however if you compare music to technology, you will see only a select few rise to the top. Smartphones and tablets is all Apple and Samsung. Amazon has online shopping cornered. Google is the king of search. Spotify will win the streaming war. Facebook rules social media. iTunes rules the mp3 and app market. Will the same fate happen in the music business?

2019 Crystal ball predictions;

Coheed and Cambria – will get bigger and bigger. Their style is unique, so expect them to keep to that style, sort of like how AC/DC releases music in the same style or Iron Maiden.

Protest The Hero – proved to themselves that they still matter. Will get bigger and more crazier. The future of progressive metal.

Machine Head – will still be bigger then what they are. Robb Flynn understands the internet and understands the change that is coming. He will make sure that Machine Head rides the wave all the way to the shoreline, while Adam Duce circles in the undercurrent, ready to litigate the band into submission.

TesseracT – will become the next Pink Floyd.

Digital Summer – are one of the hardest working rock bands around like Twisted Sister and Dream Theater. They will get bigger as they are lifers.

Avenged Sevenfold – will become the new Metallica.

Five Finger Death Punch – I have a feeling that they will break up after one more album.

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

Metallica – will still be relevant in the same way the Seventies act remained relevant.

Dream Theater – will still tour and do a lot of side projects, however they will be replaced by TesseracT and Protest The Hero.

Black Veil Brides – will take over the void left by Motley Crue and Guns N Roses.

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

Alter Bridge – The world needs Led Zeppelin to continue. Expect Alter Bridge to fill this void. They have one of the best vocalists of the modern era in Myles Kennedy. Marc Tremonti is a prolific writer. Call his Creed project, “The Yardbirds” and Alter Bridge as “Led Zeppelin.”

Bullet For My Valentine – will deliver their own version of “Master Of Puppets” and “The Blackening”.

Lets see how it pans out.

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Music, My Stories, Stupidity, Treating Fans Like Shit

The Departed Bassist Breaks His Silence; Adam Duce vs Machine Head

This is big.

Read the full story here.

If you don’t want to click on the link, here is the gist of the news;

SAN FRANCISCO (CN) – Machine Head kicked out bassist/co-founder Adam Duce just before signing a new record deal then falsely claimed he had quit the metal band because he was “sick of it,” Duce claims in court.

Duce sued the band, its three current members and manager in Federal Court, alleging trademark infringement, breach of partnership agreement and defamation, among other things.

Duce and defendant Robert Flynn founded the band in 1991. Machine Head has sold more than 3 million albums and done four tours that grossed several million dollars, according to the lawsuit.
For the first 10 years the band had various members, but from 2002 until February 2013, Machine Head consisted of Duce, Flynn, and defendants David McClain and Phil Demmel, Duce says.

The band formed a general partnership – Machine Head – and a corporation – Head Machine Touring Inc. – under which each member owned 25 percent. But despite this, Flynn got a larger portion of the band’s income, Duce claims.

The band released albums in 2001, 2003, 2007 and 2011 and toured after each release.
“Despite their increase in popularity and touring revenue, plaintiff became concerned with how little income he was receiving, despite the time and hard work put in to developing the Band,” Duce says in the complaint.

He says he questioned Flynn and the band’s manager, defendant Joseph W. Huston, but never got a satisfactory answer.

In 2009, Machine Head toured with Metallica in Europe, grossing more than $2 million. A 2012 Europe tour grossed more than $3 million, according to the complaint.

“After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that Huston, Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of ‘expenses,'” Duce says in the lawsuit.

Huston and the band’s management companies received a percentage of the band’s gross income, but the band members were not receiving “an income commensurate with the work put in and the income earned,” according to the complaint.

“Despite plaintiff’s expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser,” Duce says.

On Feb. 11, 2013, as the band was seeking a new record deal, “Flynn, Huston, and the rest of the Band ‘fired’ plaintiff – expelling him from the band after he put 21 years of his life into it,” Duce says.

Duce believes he was fired just before the deal was completed with defendant Nuclear Blast America to allow the other band members to make a bigger profit.
Flynn announced Duce’s departure on Machine Head’s website by “directly attacking plaintiff’s work ethic,” Duce says in the complaint.

“Therein, Flynn stated, inter alia, ‘We may have fired Adam on 2-11-13, but Adam quit Machine Head well over a decade ago. He just never bothered to tell anyone … but we all knew it.’ Flynn went on further in the diary entry, continuing to say about plaintiff, ‘No matter how un-happy [sic] or fed up he got, quitting the band would be seen as ‘losing’ or a ‘failure.’ Truth be told, he was sick of it. Sick of touring, sick of recording, sick of practicing, sick of looking at album artwork, sick of being-on-a-team-but-never-getting-the-ball, sick of yearning-for-the-honeymoon-to-resume when 20 years deep it never does. Sick of never quite hitting the big-time, sick of carving the niche … sick of caring.'” (Ellipses in complaint.)

Duce was replaced as bassist and back-up singer in June 2013 with defendant Jared MacEachern.

Duce says he still holds interest in the band’s partnership and company, but has not received any distributions from either. He claims that no agreement was ever made about his share of future royalties and profits.

The other band members “simply kicked him out of the band and presumed he would forget about over two decades of hard work, dedication, and effort he put into the Band,” Duce says.

The band continues to use Machine Head’s mark for musical recordings, live shows and merchandise, and performs as Machine Head, though the public associates Machine Head as “featuring Adam Duce playing bass guitar and singing backup vocals as it has for over 20 years,” according to the complaint.

Duce also says his likeness is used on the band’s website and in promotions without his authorization.

He seeks damages and punitive damages for trademark infringement, breach of fiduciary duty, breach of partnership agreement, intentional and negligent interference with prospective economic relations, negligence, defamation and unfair competition, and he and wants the band enjoined from using the Machine Head marks.

He is represented by Yano L. Rubinstein

When a member leaves or is fired from a band (depending on what story you believe), this rubbish normally happens and it is a dead set shame.

It will all come down to the band agreement in place. Being in bands previously, the band agreement is a document that is meant to be fair amongst the band members. Of course, in every band there is always one member that goes above the call of duty to keep the wheels turning, however their percentage split is still not that huge compared to the other members.

I think it is safe to say that Robb Flynn is that person in Machine Head that goes above the call of duty. He is a lifer when it comes to music. He lives and breathes Machine Head. He is the main songwriter, the one that goes home and thinks about Machine Head. The one that dreams about Machine Head. The one that stays to the late hours recording the albums, mixing them and all of that.

There are no winners in court cases like these except the lawyers/attorneys.

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