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

If Game Of Thrones Was A Rock Band

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

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

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

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

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

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

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

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

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

The Money Business

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

I have been looking at some metal sales recently.

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

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

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

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

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

There is a few takeaways from this.

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

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

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

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

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

I Want My M.P.3.

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

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

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

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

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

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

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

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

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

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

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

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

Why go after them under Copyright laws?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So who is to blame.

500,000 illegally downloaded each episode according to Foxtel.

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

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

CUSTOMERS and CREATORS.

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

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

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

Why?

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

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

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

But that is not the case.

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

But why are they all there?

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

Bad form.

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

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

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

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

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

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

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

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

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

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

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

The maximalist viewpoint doesn’t seem to be supported.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Classic Songs to Be Discovered, Influenced, Music, My Stories, Treating Fans Like Shit, Unsung Heroes

John Corabi and That 1994 Motley Crue Album

The first time I came across John Corabi was when I purchased the “Let It Scream” album by The Scream. It was early 1992. It was on heavy rotation. Then a few months after I got into “The Scream” it was announced that John Corabi had joined Motley Crue. Back then news didn’t travel as fast as it does today and to be honest, the source of the news for me in Australia was the rock magazines that I purchased.

I had mixed feelings. As a Motley fan from the early days I was disappointed. As a Scream fan after one CD, I was disappointed. But the thought of Corabi’s bluesy voice merging with the Crue was an intriguing prospect.

John Corabi should take the Motley Crue album of 1994 on the road this year. If Motley Crue choose to ignore their greatest work because Vince Neil didn’t sing on it then there is no reason why John Corabi should ignore it. There is a market there for it. If he is playing 1000 to 2000 capacity venues they should sell out. But the challenge that Corabi and his team have is getting that awareness out to that market that wants to see this happen. They can post it online, but that does not mean that the audience will see it.

People that have read this blog, will know that I have a lot of time for this album.

Twenty years on the album has survived the test of time. Darker, bluesier, ballsier, kick-ass rock and roll. What about the production from Bob Rock?

It has some of the best playing the band had and has ever done. And it was so ahead of its time that the record label just didn’t know what to do with it and how to market it.

People said they ripped off Alice In Chains because it packed serious groove. Umm, listen to the Girls and Feelgood albums. They also grooved.

People said they jumped on the grunge bandwagon because they down tuned. For most of their career Motley Crue down tuned.

What about all the scattered Zeppelin and Beatles influence all over the record? Nikki Sixx said that he was trying to write his own Physical Graffiti. And he succeeded.

It’s just a really great record with the unfortunate truth that it was released by Motley Crue.

In a perfect world, Motley Crue would include John Corabi and his backing band on their farewell tour and how cool would it be to have Mick Mars play guitar on a song during the set or Tommy Lee or Nikki Sixx come out and play their parts on a song.

But we don’t live in a perfect world and the album still remains hidden from any new fans connecting with it.

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

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

BUT….

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Another great article on the subject.

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

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

What do all of these bands have in common?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Well it looks like someone forgot to tell the Swedes.

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

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

Complicated Copyright and Why Do People Pay Good Money To Go To A Concert And Then Spend The Whole Time Filming It?

I do not understand why people go to a rock show or a metal show to film the whole damn thing on a smart phone. Seriously are they going to go back home and watch it over and over again afterwards? Of course not because it will sound like crap as smartphones are not designed to capture high volumes without distorting the sound.

Having been a high gig attendee my whole life, I have also been known recently to break out my iPhone and capture some footage or a few photos for posterity. However, I can honestly that 99% of the time I’ve never gone back and referred to my amateur filming or photography.

The reasons are simple, those captures can never accurately reflect the concert as I witnessed it.

So why did I do it? Why do other fans do it?

Is it for them to validate or prove to other people that they were there at the concert?

Like does anyone care these days. Everybody goes to concerts these days. Maybe once upon a time it was a big thing to go to a concert but these days it’s a nothing thing. Hell, I took my kids last year who were 8 and 7 to see, Kiss, Motley Crue and Bon Jovi. This year I took them to see Richie Sambora.

Do you think my father would have taken me to a rock concert at the age of 8? No chance.

Even if those people placed their concert video footage on YouTube, would anyone really care?

For example, Metallica is the biggest metal band in the planet right now. So they played “Frayed Ends Of Sanity” live for the first time and a fan of the band put it up on their YouTube account called MetallicaSoloFan and it has a whopping 2,473 views. Other accounts have the same song filmed from different viewpoints and again the view count is dismal.

Because no one cares that you went or for the crappy footage on display.

And what about the poor old fan that is standing behind a person filming the concert. As is the norm, in order to film a concert, you would need to hold up your device high above your head to capture the footage and in turn you are taking away from my viewing experience. Me and my boys copped that at the Richie Sambora gig.

However it is a product of the times. I get that.

In 2014, we don’t leave home without our Apple or Samsung devices. It is part of our make and build.

There are bands out there that would like this process of filming their show to be stopped.

The Eagles are one such band.

They want to stop people from filming their concerts by banning the use of the smart phone. Don Henley has hinted their tour of Australia could possibly be the band’s final tour and he wants fans to experience it with their eyes not their phones.

Of course we all know that Don Henley is very knowledgeable about artists copyrights and he is also opposed to fan filmed footage ending up on YouTube. For him it is all about CONTROL. He should be the one that CONTROLS how his music or the music that he is involved in is distributed.

So is videoing a concert with a phone a violation of an artist’s copyright. Don Henley says it is, however he also said that he doesn’t want the shows posted on YouTube because it spoils it for people who are going to come to a show in the future and that he doesn’t want to see Eagles content out there that sounds horrible.

However, live concert filming is done every day by multiple people at the same show. Some use it as a form of a diary record, to remember or relive that moment when their favourite song came on. Some do it to share the moment and their love for the artist. Some do it because they simple can. A smart phone or an iPad or Tablet, allows us the convenience to do so.

To put into context about how messed up the current music copyright business is you need to get your head around the Copyright laws that have been written over the last sixty years.

At a high level, every live performance has a multiple set of rights that come into play.

(1) the copyright in the music, usually controlled by the publisher;
(2) the copyright in the lyrics, also usually controlled by the publisher;
(3) the copyright in the live performance, usually controlled by the label;
(4) the band’s right of publicity;
(5) trademarks owned by the band;
(6) contractual rights (potentially arising from signage posted by the band or the venue, the ticket stub or the terms and conditions of the website to which the footage is posted.
(7) the performance rights organisation like APRA or ASCAP, from which the venue needs to obtain a license.

Music was never meant to be this complicated but over the last sixty years it has come to be so.

And what about the rights of the fan who paid $600 for a front row ticket and another $100 plus at the merchandise store.

What about the rights of the fan, who had to drive 90 minutes to get to the venue and then pay another $30 in parking fees and then get charged $10 for a beer and $20 for a Hotdog and Chips.

There needs to be a sensible re-think but due to the money involved the copyright holders are not playing ball. They want stricter copyright laws, which is contrary to the public and culture in general.

ARTICLE

	Lana Teramae on The Night Axl Rose Chose Ego O…
	destroyerofharmony on The Night Axl Rose Chose Ego O…
	Lana Teramae on The Night Axl Rose Chose Ego O…
	destroyerofharmony on The Night Axl Rose Chose Ego O…
	Lana Teramae on The Night Axl Rose Chose Ego O…