Category Archives: Stupidity

Music, My Stories, Stupidity, Treating Fans Like Shit

Things That Bug Me With Rock And Metal

ROCK N ROLL HALL OF FAME

Dave Mustaine should have been inducted with Metallica. A real RNR Hall Of Fame Assessor would look into the band’s career and see that all the evidence is there for Dave Mustaine to be inducted. The style of technical thrash that Mustaine brought to Metallica would end up influencing their first four albums.

The induction criteria does state that the committee looks at the influence and significance of the artists’ contributions to the development and perpetuation of rock and roll. So, I take it that Dave Mustaine’s contribution to Metallica and to the development and perpetuation of rock and roll wasn’t influential enough.

BUT for some reason Jason Newsted’s and Rob Trujilio’s contribution to the development and perputation of rock and roll in Metallica was enought.

Same goes for Vinnie Vincent, Eric Carr and Bruce Kulick. The Eighties for Kiss wouldn’t have been the same if it wasn’t for the three individuals mentioned. Eric Singer and Tommy Thayer also played very important roles within Kiss.

BANDS THAT FAIL TO UNDERSTAND THAT SUCCESS IS BASED ON MUSIC

A lot of the metal and rock bands have better marketing campaigns than actual albums. You need a great song first. The marketing comes after.

Dream Theater had a pretty expansive marketing campaign leading up to the album release, however they didn’t have the quality to support it. Good songs don’t equate to great songs and we only have time for great.

Avenged Sevenfold, Volbeat and Five Finger Death Punch had way less marketing and their albums are still on people’s tongues. If you still use sales as a barometer of success, then these bands are still moving units.

NICHES

Metal and hard rock are niches. Accept it and focus on it. It will be a lucrative business for you if you do. It will not bring back the glory days of the Seventies and Eighties, however it will give you a career.

Sometimes a metal band can cross-over into hard rock, or even the pop market. Or a hard rock band could cross over into metal or pop.

Look at Volbeat. They are a metal band, however with the style of music they play the have a certain cross over element.

Shinedown crossed over into the pop market back in 2008, with the “The Sound of Madness” album, however with “Amaryllis” they remained in the hard rock market with a small cross over into the metal market. They still had great success, even though the “sales” didn’t match the previous. But who cares about sales these days.

Killswitch Engage cross-over into a few genres, like metal, metalcore, thrash, hard core, melodic death metal and in some cases they cross over into technical djent style metal.

Dream Theater can cross-over into a few genres and it is their cross over between progressive music and hard rock that reaped the most benefits with “Images and Words” and “Scenes From A Memory” being stand outs.

VIRALITY

A song takes off because fans start to spread the word. They share links to it, they talk about it, they blog about it. A marketing campaign can never achieve this. Only great music can.

QUEENSRYCHE

When are the people involved (apart from Chris DeGarmo) going to realise that Queensryhce is no more. Move on, forge a new career and a new identity. I’m tired of hearing how great the new singer is, what a team we now have and all of that.

The Todd LaTorre band should do something similar to what the Ronnie James Dio version of Black Sabbath did before his death. Take a new name from one of their songs. As for Geoff Tate, he should go to Vegas and do a cabaret residency. His metal/rock days are over. And seriously, when you carry on like a child when people use their smart phones at a gig, you don’t belong.

VINYL, CD’s, DIGITAL DOWNLOADS

Streaming has won. The rest of us that actually purchase any music in physical form do it as a hobby. We just don’t think of it as a hobby.

I listen to most of my music on Spotify or YouTube or via the mp3’s on my iPhone, however I still purchase CD’s of bands that I like. BUT I haven’t even opened the shrink wrapping as yet. I have no need to. Buying CD’s is like collecting toys and keeping the toys in their boxes unopened. Maybe the CD’s will be worth something one day or maybe they will be beer coasters. Who knows.

MONEY IN MUSIC

There is still a lot of money in the business. Streaming pays the labels well. It’s just doesn’t filter down to the artists. Revenues from streaming services such as Spotify, Pandora and YouTube surpassed the $1bn mark.

ENTERTAINMENT LOBBY GROUPS ASKING GOOGLE TO DO MORE TO PROTECT THEIR BUSINESS MODELS

Seriously after almost 15 years post Napster we are still hearing about this. The latest is The International Federation of the Phonographic Industry (IFPI). It is the usual b.s. about how Google “could do so much more” or that Google have “not been effective” in preventing illegal music downloading.

HELLO, Google is a search engine.

It is not a protector of business models.

Innovate or die.

http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/media/10704766/Music-industry-claims-Google-is-failing-to-stamp-out-piracy.html

RECORD STORE DAY

Do artists really expect their hard core fans to travel decent distances to go to a Record Store Day Event and then not find all 4 of the (let’s just use Machine Head as an example since I am a fan) new Machine Head singles, “Killers and Kings”. It’s 2014. If we can’t buy it online or if we can’t find it to buy online, then artists are leaving money on the table.

Collectors want to buy, so make it easy for us to buy. Record Store Day is not easy for everyone.

TV SHOWS THAT STILL PLAY ON THE OLD BUSINESS MODELS

My kids love “Arrow” however they hate the fact that they have to wait each week. Will any of the actual TV shows or Cable Networks follow the “House Of Cards” Netflix example and let people overdose on all of the episodes over a weekend.

Having shows appear weekly for 8 episodes, then breaking for what seems like forever and then re-starting again, then breaking again, then finishing it all off, is old school.

Embrace the new.

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

Copyright Innovation V7.0 – More Legal Crap and No Innovation

You know Copyright is all wrong, when you have a composer of several Motown hits combines copyright law with divorce law. Seriously, how much more distorted can copyright get.

Smokey Robinson is seeking a declatory judgement against his ex-wife. You see, Robinson is reclaiming the rights to his pre-1978 songs from Jobete Music Co. Robinson’s main problem is that his ex-wife (since 1985) believes she should be entitled to 50% of whatever income these songs generate and she has filed suit to ensure that happens.

It looks like to me that everyone tries to twist copyright law to suit themselves. It’s that whole ENTITLEMENT argument.

The labels claim that all pre-1978 songs are “works of hire”.

Smokey Robinson claims that his ex-wife isn’t entitled to his profits but his heirs are.

A judge ordered YouTube to take down a movie based on a copyright claim of the actor.

Rightscorp (a copyright troll) is ordering ISP’s to pass on fines to it’s customers like the “Thought Police” from 1984.

Or maybe your a Dutch collection society who just won a court decision to have a “pirate tax” on every storage device, because, hey, every storage device, smartphone, tablet and PC MUST be used to store media files. Talk about entitlement. And they had to balls to say that it is all in the name of “protecting artists.”

Like the three strikes policy that the lobby groups keep pushing. All in the name of “protecting artists”. Did you know that in Ireland, it has been in place for 4 years with one ISP and no pirates have been disconnected. In New Zealand the ISP’s are still arguing with the Entertainment industries over who should foot the bill. Since the Entertainment industry doesn’t want to foot the bill, nothing much is really happening.

It’s pretty obvious that these legislated policies do not work however they still come up in the public conversation. Australia is another country talking about a three strikes scheme.

And all of them are to “protect the artist”. However the artist doesn’t see an increase in their bank balance.

So there you have it, another solid week of copyright innovation from the entertainment industries.

https://www.techdirt.com/articles/20140308/08430726495/smokey-robinson-sues-ex-wife-to-prevent-her-claiming-50-his-recaptured-motown-hits.shtml

https://www.techdirt.com/articles/20140307/07424226477/dutch-supreme-court-agrees-to-let-rights-group-collect-back-you-must-be-pirate-taxes-mp3-players-hard-drives.shtml#comments

http://torrentfreak.com/three-strikes-isp-no-pirates-disconnected-in-four-years-140313/

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Music, Stupidity, Treating Fans Like Shit

Pono Music

It’s all about the instant PAYDAY. At the moment, the Kickstarter campaign for it is over $2.2 million. Neil Young and the Pono team know that their product is for a niche market and they are going to milk it for what it’s worth. High-resolution digital albums at PonoMusic.com are expected to cost between $14.99 -$24.99 and Pono Music can’t even tell the world what their percentage take will be.

If you remember back to 1998, the recording business became famous for saying that no one will be interested in downloading a crappy mp3. Guess they didn’t know how many billions those no ones came too.

Pono is coming at a time when fans of music have decided that YouTube and Spotify are better alternatives. Other fans of music have decided that they are happy with downloading mp3’s (either legally or illegally). And that is what Pono Music fails to understand. The fans of music are in control. If they want to pay, they will. If they want to go to a show, they will.

Pono CEO John Hamm is well-known for being involved in companies that start-up and get bought out by larger companies. That ends up as a big pay-day for him and Pono will be no different, because it is all about the payday and not about satisfying music fans or bringing back the glory days of music or bringing back the soul of music.

Furthermore, Hamm has an agenda as a member of the Grammy Foundation, that works hand in hand with the major labels to promote the recording industry. What about telling artists that contribute to the recording industry what they will receive?

Finally, Phil Baker is the VP and his experience is taking products from a concept to the market in the quickest and most cost-effective way.

It’s all about business and nothing about music. The major labels get richer. The people in Pono get richer. The major bands will get some kickbacks in a top down royalty scheme and all the rest will get nothing.

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

Copyright In The Modern Day. It’s Not About Driving Innovation Anymore.

It’s all about stopping copyright infringement. It’s all about shaking down internet users. It’s all about a ridiculous and “out of touch with reality” penalty system. For example, if a user downloads one song, the RIAA have argued that the copyright holders are out of pocket between $20 to $10,000. It’s a huge mark-up from its iTunes price of $1US.

When discussions are had on Copyright, it’s all about the enforcement. It’s all about creating a monopoly. The ones that sit on the innovation fence are shouted down to from the ones that control/hold the Copyrights.

There is a great article over at The Conversation website. Go read it. Journalist David Glance has a lot of viewpoints that I agree with.

The thing is, people have been “copyright infringers” since day dot. Anyone that remembers cassette tapes, will tell you how they used to copy songs from recordings onto a cassette tape. James Hetfield used to copy Lars Ulrich’s record collection onto cassettes.

We used to copy songs from the radio onto cassettes. We used to copy movies from TV onto VHS cassettes. Then we got even more creative and hooked up two videos at once to make copies of the latest releases. With the advent of the CD and blank discs, we started making mixed CD’s. When Napster exploded, people flocked to it.

Richie Sambora was a guest host on “The Panel”, a TV Current Affairs/News show on Channel Ten in Australia. This happened last week. There was a segment on Spotify and how streaming has led a slump in music sales. One of the members of the panel asked Richie Sambora, how many records has he sold. Richie replied back with “about 130 to 140 million records”. Richie then further stated that piracy was big even in the days before the internet, as pirated Bon Jovi LPs, cassettes and CD’s sold like hotcakes in Asian, African and Eastern European countries.

So I did some research on this and I came across the Moscow Peace Festival. The Moscow Peace Festival took place in 1989. Hard Rock and Heavy Metal music was hard to get “legally” in Russia, however it didn’t stop over 100,000 people from attending the show to watch Skid Row, Ozzy Osbourne, Scorpions, Motley Crue and Bon Jovi perform.

All of those fans of music must have gotten their music from somewhere. Actually musical sales in the USSR at that point in time didn’t even exist. Hell, it wasn’t until 2010 that the National Federation of Phonograph Producers (NFPF) was established in Russia. And they don’t even have a website. All of this shows how serious the legal music business is treated in Russia.

All of this supports the argument that we are all copyright infringers. Governments need to look at how people adopt these laws and change them to suit. Instead the Governments look at who puts money in their pocket and add more bad laws to existing bad laws.

Australian Attorney-General George Brandis has got no idea what is happening in the real world or how the internet works. His comments show that he is just a puppet for the Movie Industry Lobby Machine. Check out some of his comments;

To pirate a video or a song without paying the fee for it through iTunes, and so on, is an act of theft, it’s pure and simple.

Um, no. To infringe on a copyright is not an act of theft, as the mp3 is still with iTunes. No one has stolen it. What has happened is that multiple copies of that mp3 are in circulation right now. People pirated Adele’s 21 album, however all of that piracy didn’t stop it from moving over 10 million units in the US because no one stole anything. They infringed on an artist’s copyright. Something that fans of music have been doing since day dot.

When people, pirate “Game Of Thrones”, they don’t steal the original master copy from HBO. What they do is download a copy that someone made from the actual legal broadcast.

The ISPs, in my view, do need to take some responsibility for this because they provide the facility which enables this to happen.

Um. No. ISP’s don’t need to take responsibility for bad business sense and business models designed on controlling distribution. To provide a few different analogies, should the gun manufacturers take responsibility for their guns killing people. Should car manufacturers be responsible when their cars kill other people due to high speeds. Should the knife manufacturers be responsible when knives are used for violence. Should gas bottle manufacturers be held responsible for when their gas bottles are used in drug laboratories. Should alcohol brewing companies be held responsible for all the alcohol fuelled violence.

It is easy to lay the blame on others. However it is the record labels that need to take responsibility. They still don’t get it. People want FREE music. Spotify provides a service that is free, however it is still seen as restrictive and people still go to other torrent sites to download content. And then the recording industry claims that these sites make so much money from running ads on their site. If that is the case, then why isn’t the recording industry offering the same service and make that same money.

They don’t want to, because that would mean that their margins will shrink a little bit more and that is all they think about. The NOW. What is the plan for the future? A small return today, could lead to a greater return in 5 year’s time.

The fact is that people don’t have a right to download pirate copies of songs or movies or television programs because the people who make those programs or other items have a right of property in them. The way artists earn their living is through royalties and that’s the way they are remunerated for what they do.

Um no, artists have never made a living from royalties. The record labels have. Artists previously made a living from touring, licensing, merchandise and large advance payments. In today’s world, the main revenue streams are disrupted, however other revenue streams have opened up.

http://theconversation.com/copyright-reform-will-drive-innovation-not-trying-to-stop-the-internet-pirates-23286

http://www.techdirt.com/articles/20140225/12341626346/australian-copyright-reform-goes-into-reverse-fair-use-out-three-strikes.shtml

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

The Labels Want To Be The Good Guys

The labels want to be the good guys. They really do. However their lobby group the RIAA does not carry itself it in public in a manner that is acceptable. They put across an image that all the labels are focused solely on the now and what money can be made now. They put across an image that all the labels have no interest in planning for the future. Then the labels follow suit, flying the bullshit flag from the RIAA.

Regardless of the labels motives and business sense, they will survive.

Read the financial reports on Universal Music Group. Spotify has propped up their bottom line and that bottom line will get better each year. And with money, comes power and relationships. So how do the major metal and rock labels rate in relation to influence and relationships.

Century Media Records and Nuclear Blast are still independent labels. While Century Records lost their cash cow “In This Moment” to Atlantic, Nuclear Blast gained a new cash cow in “Machine Head”. Looking at the rosters, Nuclear Blast has surrounded themselves with a stronger group of artists however Century Media are the ones out there trying to identify new talent. Both labels will be around for a long time.

Frontiers have become a major player in the classic rock, melodic rock and hard rock scene. Frontiers kept the flag of melodic rock flying high since 1996, when all of the other major labels put their monies into grunge first and then industrial rock/metal and then nu-metal. Now that they have traction, I am just confused as to what their business model is.

Let’s sign up all the classic popular artists from the Eighties and get them to re-record some of their classics along with new music. CHECK.
Let’s get artists from different bands together to do a super group project. CHECK.
Let’s get female singers to re-record melodic rock songs that the label president likes. CHECK.

What about identifying new talent and breaking that new talent to the masses with creative and innovative ideas? NOT CHECKED.

Metal Blade is still independent however with strong ties to Sony Music and Warner Music Group in relation to distribution while Roadrunner used to be owned by Universal between the years, 2000 and 2006 and after that, they are under the control of Warner Music Group.

Roadrunner is still the major player here, however with ties to Warner, expect them to be “RIGHT NOW” profit driven and be all about the HYPE. With all the corporate deals they organised on the new Dream Theater album, they would have made up the advanced money plus the recording costs and more.

Spinefarm Records is part of Universal Music Group, with a lot of power to operate independently. They are getting out there and signing new talent. However, like all of the above labels, they are stuck in the old way. And that is the ALBUM.

They just need to realise that it is not about the sales anymore. While Steaming numbers and revenue are still small today, in the long term the labels will be able to reap the benefits.

Why?

Because streaming is a regular recurring revenue business.

For example, I have been streaming “Strife” from Trivium non-stop. Each stream is regularly producing revenue for that song. If I purchased that same song as a download, the revenue produced would be at the time it was sold. Every time that I would have listened to “Strife” at home or on my iPod or on my smartphone would not have produced a cent. All that the band or label would have made from me is the sale of the downloaded song. However with streaming they will continue to make money long after the album is released.

So if anyone believes that streaming is bad for music and that it is going to kill the incentive to create new music, tell them they are uneducated. If bands or artists are complaining about their payments, then they need to negotiate better deals with their labels or get back their Copyrights.

Let’s put it this way, if Metallica is on Spotify, then the rates paid back to the COPYRIGHT HOLDERS (and Metallica do own their Copyright) must be good, because Lars Ulrich and Cliff Burnstein would not allow Metallica to enter a business arrangement that is not in their favour.

The real truth is that there is much more music out there than there has ever been, so the issues that are present to artist and labels is how do they get people’s attention directed towards that new music.

Personally, I don’t even know anybody who pirates music anymore. There is no reason to pirate and legitimate customers/fans would always turn to legal alternatives.

In relation to sales figures and charts. Goneski. No longer relevant. Sales (as a stand-alone measure) no longer means anything. Focusing on recording sales is old school thinking. It’s all about everything else today.

“Recording Sales Revenue” plus “Streaming Revenue” plus “YouTube Ad Revenue” plus “Ticket Revenue” plus “Merchandise Revenue” plus “Corporate Deals Revenue” plus “Sponsorship Revenue” plus “Publishing Revenue” plus “Licensing Revenue” and then decide if you are winning or not.

Again, if you are not seeing a lot of revenue, then you need to be speaking to your label, because if you have numbers in all of the above Revenue streams then something is a-miss contractually.

Another thing that the metal and hard rock labels need to understand is that they reside in a niche. The heyday of when that niche was mainstream is long gone. Today, certain artists might have a crossover song that many people will latch onto and then it is back to the niche.

“Adrenaline Mob” released “Men of Honor” last week and by the end of the second week it will be forgotten. The songs are great, the musicianship is great, so what is the problem. The hard core fans picked it up and everyone else doesn’t know about it. It’s a twenty four seven job staying in the public eye and it’s god damn hard. It’s the labels job to figure out it out, however the labels don’t want to spend the money to innovate, so what they do is get most of the hate directed towards them because of their monopolistic extortion like practices from back in the day.

If the labels want to be the good guys, they need to be more transparent. They need to call out the RIAA when they spin shit. They need to do be realists and sensible. And the main thing they need to understand is that the days of when they had control of the distribution channel are long gone. The profit margins from the CD sales are never coming back. So don’t dwell on the past and start to move forward.

http://theconversation.com/music-sales-slump-is-streaming-or-the-music-industry-to-blame-23901

http://www.billboard.com/biz/articles/news/5915732/spotify-drove-universal-musics-75-jump-in-streaming-revenue-last-year

http://torrentfreak.com/artists-think-instead-spewing-spotify-hate-140222

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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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