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

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

The World According to Nikki Sixx

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How many people would have downloaded the song illegally?

How many people viewed a YouTube post of the song?

How many people streamed and shared the song?

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

So what is happening with Sixx A.M.?

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

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

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

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

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

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

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

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

Entertainment Industries Innovation V2.0

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

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

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

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

For example;

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

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

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

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

“Piracy goes hand in hand with sales.”

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

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

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

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

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

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

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

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

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

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

So of course, Australians download it. Illegally.

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

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

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

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

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

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

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

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

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

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

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

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

Classic Songs to Be Discovered, Derivative Works, Music, My Stories, Treating Fans Like Shit

1992 – The Year That Hard Rock Forgot

1992 was the year of transition. Once the year was over; hard rock, melodic rock, glam rock and so forth would never be the same. In relation to hard rock releases, what a year it was. So many great albums got released, however according to the record labels barometer of success, those albums failed miserably. These days if an album sells 200,000 copies it is seen as a successful album.

One of the best releases from 1992 was “Blood and Bullets” by Widowmaker. Not only was it a great album, it was also the first “official” album to feature Dee Snider from Twisted Sister. The last album Dee was featured on was the “Love Is For Suckers” album from 1987, so it was a long time between drinks.

When I first heard the song “The Widowmaker”, I thought of the song, “The Beast from the “Stay Hungry” album. However, “The Widowmaker” is far superior. The sound on “Blood and Bullets” was the exact sound I was into in 1992.

Along with the self titled Lynch Mob album, “The Crimson Idol” from W.A.S.P., “Dog Eat Dog” from Warrant, “III Sides to Every Story” from Extreme, “Sin-Decade” from Pretty Maids and “Revenge” from Kiss, it formed my decadent seven wonders of heavy rock.

My metal tastes got serviced by “Countdown to Extinction” from Megadeth, “Fear of the Dark” from Iron Maiden, “The Ritual” from Testament, “Dehumanizer” from Black Sabbath, “A Vulgar Display of Power” from Pantera and a new band from Seattle called Alice In Chains” and their excellent “Dirt”.

Dream Theater blew me away with “Images and Words” while Yngwie Malmsteen delivered the excellent “Fire and Ice” and no one outside of his hardcore fan base heard it. Another neo-classical shredder Tony MacAlpine released “Freedom To Fly” and boy didn’t he fly with it.

“Hold Your Fire” from Firehouse, “Five Wicked Ways” from Candy Harlots, “Don’t Tread” from Damn Yankees, “The Southern Harmony and Musical Companion” from The Black Crowes, “The Wild Life” from Slaughter, “Nothing Sacred” by Babylon A.D., “Hear” from Trixter, “Tangled In Reins” from Steelheart, “Double Eclipse” from Hardline and “Adrenalize” from Def Leppard satisfied by hard rock cravings.

A lot of good music was released and the record labels just abandoned it. It was all about greed. Even though hard rock albums would still sell, it wasn’t enough for the labels.

Granted there was quite a lot of deadwood rock bands on the label rosters that just should not have been signed. However they did, because everyone wanted to cash in. I am sure people like John Kalodner and Tom Werman could have done some creative merging, putting the best with the best, sort of like how Kaldoner got Coverdale to work with Page or getting Blades, Nugent and Shaw to get together as Damn Yankees. Seriously, you had great guitarist like Jake E Lee and Vito Bratta out of jobs and they could have been paired with some great vocalist.

Going back to Widowmaker. What was my attraction. First, it was Dee Snider. Come on, who wouldn’t want to hear what Dee Snider was involved in (though I can’t say that “Dee Does Broadway” was a good move).

Second, it involved Al Pitrelli. I first saw his name on the Y&T album “Contagious”. He was a co-writer for the song “Temptation” which was pure melodic rock. It was my best song on that Y&T album. Then I saw him on the video I purchased of Alice Cooper’s “Trashes The World”. What can I say, the dude rocked and I was interested to hear him on this album.

Bernie Torme was asked to come back again by Dee, however he said no. He was burned out, he had a punctured lung and his wife was expecting their first child. That is how Al Pitrelli came into the mix.

I’m telling you
I ain’t nobody’s fool
Don’t you run?
Can’t you see I got your bullet in my gun?

You know the feeling when people just don’t give you the credit that you deserve or that feeling when a record label boss tells you that the album you worked on for 12 months will not be released a week before it was due to be released. Looks like Bob Seger was right after all, rock n roll does help to soothe the soul.

I’m your judge and jury
I’m reality
I’m a never ending horror come for you
Don’t turn your back on me

It’s a Dee Snider and Al Pitrelli composition. This is the perfect song to listen too when you are pissed off. It just makes everything feel okay. The power of music. The power of artists that have a point to prove. The power of artists who have been ripped off and treated like dirt.

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

Chaos + Disruption = The Music Business

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are the benefits of going independent?

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

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

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

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

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

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

2019 Crystal ball predictions;

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

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

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

TesseracT – will become the next Pink Floyd.

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

Avenged Sevenfold – will become the new Metallica.

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

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

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

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

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

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

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

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

Lets see how it pans out.

Music, My Stories, Stupidity, Treating Fans Like Shit

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

This is big.

Read the full story here.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

He is represented by Yano L. Rubinstein

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

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

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

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

Music, My Stories, Treating Fans Like Shit

The Challenge To Believe

The challenge for today’s record labels is to undo everything that they have created or has happened over the last 50 years. The record labels arose as a way to get music out of its city venue limitations and into the greater world.

Once upon a time, many many many (to borrow from Commandant Lassard from Police Academy) wonderful record labels existed. However in time these record labels formed into mega corporations with the emphasis on lower costs and high profit margins. Smaller labels got taken over by medium sized labels and in time, medium sized labels got taken over by large sized labels. Throughout the Eighties and Nineties, the labels employed people that figured out how to engineer processes and machines to drive productivity and profit.

The labels ruled the kingdom unchallenged until another corporation called social disruption reared its head.

It started with a technology called Napster and society showed the powerful record labels what they think of their high prices.

Today social disruption is real and growing and the mega labels don’t like it. It means that they have to step down from their thrones, and create real social human relationships. It means that the artists who used to be locked away and surrounded by enablers need to build personal relationships with their fans.

The ones that are failing to do it have already fallen by the wayside. The ones that achieved success during the gatekeeper controlled era of the record label are dabbling in it and then there are the ones who are just good at it.

Let’s see what the record labels are doing;

First lets get one thing out of the way. The record labels still serve a purpose. Most of the music I purchase or stream are from bands on a record label. However, they have dished out so much bad will in the last 20 years, it’s hard to be supportive.

In the last 10 years, the record labels have constantly stated that the “biggest threat” they face is continued copyright infringement. They point to research that shows how it is destroying businesses, employments and other sectors. They get people in the press and they get elected politicians on their side who believe those claims. Because, hey, big copyright monopoly companies said that copyright infringement is a threat so it must be a threat.

Did you know that Vivendi (owner of Universal Music) commissioned 23 reports and only 5 of those reports mentioned copyright infringement as a potential risk. Guess which reports got released to the public. Universal is also known as a robotic copyright enforcer. Go to Google and see their transparency report.

Did you know that Sony (Sony Music and Sony Pictures) commissioned 15 reports and only 2 of those reports mentioned copyright infringement as a potential risk. Did you know that in their recent annual report the company listed copyright infringement as a major risk to their business, however 13 reports out of 15 disagree.

The record labels seem to forget that humans need to belong. That is why we connect with family, artists, sporting teams/individuals, movies, books and the community. When we belong to something, we believe that our existence is enhanced because we belong to a certain group.

Growing up the Eighties I believed in music/artists, sports and the law. Over the last 20 years, music has done its best to disgrace itself. First off the $30 price tag for a CD. Then the Record Labels killed off the whole hard rock genre even though fans of that genre still existed. The artists that I believed in all imploded forced out of the music business by the gatekeepers.

Metallica went alternative and then went against their sharing nature when they took Napster to court.

Motley Crue went sideways when they released Vince Neil and then released a great album with John Corabi that no one heard and then when they got Vince back they went sideways again with “Generation Swine”. Then Tommy Lee left and “New Tattoo” was a bland affair. It took “The Dirt” and a couple of interesting home movies starring Tommy Lee and Vince Neil that set them back up again.

The sports team that I supported had to merge with another sporting team to become the West Tigers (I was a Tigers fan). It is now a hybrid team. Soccer (football) in Australia kept on declining in a white wash of corruption and ethnic teams.

Then after I had kids and they started to show sporting potential, I find out that the representative teams pick the best players of the parents who have the capacity to pay the $1500 to $2000 fee.

The law has shown that it was never about the law but about the people who had the capacity to pay. Copyright infringers get punishments more severe than murderers and drug dealers.

Who should I believe in now? Who should my children believe in?

Music still plays an important part of my life. The ideals of artists who have sadly departed like Randy Rhoads and Dimebag Darrell still inspire and still matter.

The viewpoints of current artists like Robb Flynn, Dee Snider, Nikki Sixx, Randy Blythe, Bob Daisley, Dave Mustaine and many others still matter.

Technology is another enterprise that I believe in. The sharing of culture and the expansion of the public domain is another area that I believe in.

And I’m finding out that others also believe the same as me.

Classic Songs to Be Discovered, Derivative Works, Influenced, Music, My Stories, Stupidity, Treating Fans Like Shit

Thank God For The Truth

“The Ultimate Sin” is a misunderstood album. It is loved by many as much as it is hated.

By 1986, the legend of Ozzy Osbourne was growing. After writing the “Bark At The Moon” album with one finger on the piano (I mean this is a sarcastic way), the heavy metal community waited with anticipation as to what he would do next.

Amongst the fans, Randy Rhoads and his tragic death was still getting all the attention. Magazines focused more on Randy Rhoads than Jake E.Lee. Ozzy was in rehab once again after going off the rails once again. The person that held it all together during this period was Bob Daisley. He was the glue. Sharon Osbourne managed Ozzy; however, if it wasn’t for Bob Daisley coming back over and over again, Ozzy’s solo career in the Eighties would have been a different story.

Daisley brought back the Ozzy legend from obscurity. Ozzy had the controversial headlines, but it was Daisley with his uncredited lyrics that connected with us. And it was a Daisley track called “Flying High Again” that broke Ozzy to the U.S market. When people see a song written by a singer, a guitarist and the bassist, 99.9% of the people will believe that the musical players wrote the music and that the singer wrote the lyrics. However that was not the case with Ozzy.

“Flying High Again” paved the way for what was to come. It was a radio staple and it is Bob Daisley’s title and lyrics. As is often the case, Ozzy became a brand name and the individuals around him became forgotten.

Yet all of Bob Daisley’s Blizzard Of Ozz tunes stay in rotation. And we loved them back then; however we didn’t know the truth. We assumed that what was written on the album sleeve was correct and what was said in an interview was the truth. Seriously, why would our heroes lie?

And none of the tracks were hits like the hits that Billboard and the mainstream press trump up as hits.

So coming into “The Ultimate Sin” album process, the Osbourne camp needed ideas. Jake E. Lee got burned on the song writing credits for the “Bark At The Moon” album, so he demanded a contract up front before he even started writing. It’s not an ideal way to commence the album development cycle however this litigious house is the house that Sharon built.

Ozzy of course was in a bad shape and had a stint in rehab. When he came out of rehab, Jake had already compiled 12 songs ready. This is what Jake E. Lee said in a Guitar World interview from November 1986;

“On the Ultimate Sin, while Ozzy was in the Betty Ford clinic, I got a drum machine, one of those mini-studios, a bass from Charvel-a really shitty one-and I more or less wrote entire songs. I didn’t write melodies or lyrics because Ozzy is bound to do a lot of changing if I was to do that, I just write the music. I write the riff and I’ll come up with a chorus, verse, bridge and solo section, and I’ll write the drum and bass parts I had in mind. I put about 12 songs like that down on tape and when he got out of the Betty Ford clinic it was, “Here ya go, here’s what I’ve got so far.” And I’d say half of it ended up on the album.”

The other piece in the puzzle was Bob Daisley. Apart from “Shot In The Dark” (which is credited to Phil Soussan and Ozzy Osbourne) all of the lyrics on “The Ultimate Sin” are written by Bob Daisley. This is what Bob Daisley said on the album in an interview on the BraveWords website;

“I did write the album with Jake and then Ozzy and I had a falling out and he fired me and he was going to fire Jake as well. I’ve never been a ‘yes’ man. So a few weeks later, he called me and he had Phil Soussan on bass but I’d already written a lot of the music with Jake so they knew they had to credit me on the songs anyway so I guess he thought he may as well get his money’s worth and asked me to come back and write the lyrics also. I did that as sort of a paid job. I write it, you pay me and take it and go. So I spent a few weeks writing the lyrics for the whole album. Then they recorded it. In a way, I am glad I am not on that album. It’s the one album I didn’t really like”

Of course, the Osbourne’s didn’t credit Daisley for his song writing contributions on the initial 1986 pressing of the album, though this was corrected on subsequent pressings. So there are 500,000 albums out there that doesn’t credit Bob Daisley.

Another form of controversy centered around “Shot In The Dark”.

“Shot in the Dark”

This is what Phil Soussan said about the song on the Songfacts website;

“It is metaphorical for someone who wants to change. He wants to end what has been and start from new but only has so much control! Literally, he turns his back on what has been his life!”

In a Noiscreep interview, Phil Soussan stated the following;

“The original song version and lyrics was what I presented to Ozzy at that time. I have always been a huge Pink Panther fanatic and the title and song subject were written as such. The idea was originally a fast tempo track and Ozzy loved the lyrics. He made some changes to it; added some melody and the part just before the solo. He wanted me to come up with some lyric changes here and there to make it “darker” while keeping the original premise.”

This is what Jake E Lee said in a Guitar World interview from November 1986;

“I write a lot of songs like that-most of the songs I’ve kept have been really commercial or really weird-and I wasn’t so sure of that when Phil (Soussan-bassist and writer of “Shot In The Dark”) first presented it. It was getting kind of commercial and Ozzy wasn’t too sure of it either. But Ron Nevison (producer) gunned for that one and it worked out alright.”

The Great Song Writing Controversy Revisited

This is what Jake E Lee had to say in an interview on Ultimate Classic Rock on the song writing credits controversy that seemed to plague the Osbourne camp in the Eighties;

“On ‘The Ultimate Sin,’ I did get credit because I got screwed out of the first one. I was promised that I would get [credit]. Because I was young and I was in the middle of Scotland recording, I didn’t have a manager or a lawyer — it was just me. From the beginning, every musician, it’s always hammered into them, “Keep your publishing” and “Keep your writing.” So those were the only conditions that I had was “OK, I’m getting song writing credit, right?” I was always assured that “Yes, I’m getting publishing — of course you are!” When I didn’t on the first record, it was upsetting. But I figured OK, what am I going to do? I got screwed — what am I going to quit? We’re about to tour on a record that I finally got to make. There’s no problem for Ozzy to find another guitar player — am I just going to be that guy that played on that record, didn’t even get credit on the record and then refused to tour because I had a problem with Ozzy? No. I had to go out and tour. It would have been stupid not to. So I was only able to put my foot down at the end of the tour. “Let’s make another record” and I was like, “OK, but this time, you know what? I want the contract first before we start recording. I don’t want to be a dick, but I don’t want to get screwed again either.”

In relation to the screwed part, this is what Jake told Steven Rosen in a Guitar World interview from November 1986, when he was asked the question, how much input did you have on “Bark At The Moon”;

“Most of the music was mine. “Rock N’ Roll Rebel”, “Bark At The Moon”, “Now You See It, (Now You Don’t)”, “Waiting For Darkness” and “Slow Down” were mine.”

Ron Nevison

This is what Jake E Lee had to say about working with Ron Nevison in a Guitar World interview from November 1986;

“….he was hard to work with. He doesn’t have a very open mind; he hears things his way and he thinks that’s the way it should be done. And I heard things my way and I think that’s the way it should be done. And there wasn’t a whole lot of compromise. It was mostly who felt the strongest about something and argued the longest won out.”
“I didn’t go into the studio with the attitude of, “Oh boy, I get to play today, let’s see what I can put down!” I went in there thinking, “Oh sh*t, what are we going to argue about today?”

In an interview on the Crappy Indie Music Blog, Ron Nevison answered in the following manner, when he was asked about his thoughts on Jake’s comments;

“(laughs) Well, he would like to be his own producer. But what you don’t know is that he wanted to come in at midnight. He wanted to work midnight to 8am. There’s more than one person in a band, though. What about all the people at the front desk… and the second engineers, and maintenance people. So I said no. I’m all for working with people when they want to work, so we compromised and started at like 6 at night. I said that I can’t do it… not even speaking for the rest of the band, but if I work for you at midnight to 8am, I have to take a couple of days off to turn my life around be able to work with someone else again. But he was a strange guy. He was… no drugs; he was into Zen stuff, martial arts… I don’t know what he was into. But he was a fantastic guitar player; I never had a problem with him. If he had a problem with me he never told me. Doesn’t surprise me.”

The Jake E Lee Origin Story Revisited

Doing time with Ratt and then Rough Cutt he was contacted to audition for Ozzy’s band. This is how Jake E Lee summed it up in the November 86, Guitar World interview;

“I went down there anyway and I think there was a list of 25 guitar players and we all spent 15 minutes in the studio, each doing whatever we wanted to do. We had our pictures taken and they were given to Ozzy and he picked three of us: George (Lynch-Dokken) was one of them and he was flown to England and given first crack at it. And there was me and Mitch Perry left in L.A. Ozzy came down and we auditioned at S.I.R. and I got it. And I was 45 minutes late! The guy who found the guitar players (Dana Strum) said that Ozzy almost walked out the door; he said, “”f**k it, if this guy doesn’t care enough to show up on time and he’s going to be this kind of problem, forget it. I don’t care how good he is.” But the guy kept him there.”

The Phil Soussan Origin Story

Phil got his first big break playing with Simon Kirke’s Wildlife project that was signed to Led Zeppelin’s boutique record label. Record Label politics and members moving on more or less put an end to this project; however “Shot In The Dark” was born during this process. YouTube has a demo version up and various forums put up arguments for Steve Overland to be given a song writing credit.

In a 2006 interview with the dmme.net website, this is what Soussan had to say about working with Simon Kirke;

“Simon was great to play with. He really educated me in the style of “back-beat” playing. Knowing how to place your bass notes just behind the beats separates “feel” players from the masses and I credit Simon for that. Sure we felt as though we were going to be part of the big time but it was not meant to be. After the politics between our label, Swan Song and Atlantic, caused the fall apart of our deal, Simon left and we continued for a while. I suggested that we take our brand of American AOR rock to the USA and try to finance our own visit and tour, but the rest of the band disagreed. We eventually split up and went our separate ways.”

After Wildlife, Soussan began working with Jimmy Page. This is how Soussan explained this part of his career in an interview with Noisecreep;

“From the get go, and from when Jimmy started playing again after his long hiatus (following the sad passing of John Bonham, RIP), the plan was always to start playing and to put a band together that would feature Paul Rodgers as the singer. We formed a band that we initially called The McGregors around Jimmy, Chris Slade and myself. When Chris went out to tour with David Gilmour we brought in Rat Scabies to fill in. Jimmy loved Rat’s playing; he said that if Bonham had been a punk he would have sounded like Rat! Eventually we began to refer to the band as “The Firm.”

“Eventually I got asked to audition for Ozzy and when I was offered the gig I had the dilemma of if whether I wanted to stay with Jimmy or go out with Ozzy. I discussed with Jimmy and he told me that they were still not going out for another year and I decided to go with Ozzy. Jimmy had started to use Tony Franklin on bass and we parted as great friends. In a way I had mixed emotions as I was so fond of Jimmy, but we still speak and it is always great to see him.”

Where Are They Now? Bassist Phil Soussan of Ozzy Osbourne, Billy Idol, Beggars & Thieves – http://noisecreep.com/phil-soussan/

RON NEVISON, PART 1 – http://crappyindiemusic.blogspot.com.au/2010/02/jess-interviews-ron-nevison-part-1.html?m=1

Interview with PHIL SOUSSAN – http://dmme.net/interviews/soussan1.html

Copyright Inc

There has been a lot of talk about Copyright and the Public Domain in the last month.

There was the whole Iron Maiden story about the band rewarding Copyright Infringers with Concerts. The website that ran with it issued an apology for falsely attributing Musicmetric quotes to the band, yet if you look at the markets that Iron Maiden has hit over and over again along with the “new markets”, all of those places are on the Musicmetric list of places that download Iron Maiden’s recorded music illegally. So even though the story proved to be false, there is some form of data out there that Iron Maiden is utilising to hit places where they have a low record sale amount but a high download rate.

Even their drummer, Nicko McBrian stated the same in the “Flight 666” documentary about their shows in India and Costa Rica. To paraphrase, he said something in the vein that Iron Maiden hasn’t sold any albums in Costa Rica however they sold out the sports stadium. So how did those fans get the music then.

Look at Metallica. They are also utilising some form of data to identify which new markets to hit or which markets deserve to be revisited. Their recent concerts in China proved this. The sale of Metallica music in China is low, however each concert was sold out. Peru is another new market that Metallica hit and will return too despite the fact that they have very low recorded sales.

I also just finished watching the Rush documentary, “Beyond The Lighted Stage” and in the documentary, Neal Peart is talking about their Vapour Trails tour of South America and how they didn’t know what to expect and in the end they played to their biggest ever concert attendance at Sao Paulo.

In other words, the Brazil tour took place in November 2002 . Napster launched in June 1999 and operated up to July 2001, Audiogalaxy launched in 1998 and operated up until 2002 as a file sharing system that indexed MP3 files. Limewire started operating in May, 2000 and Kazaa in March, 2001. So in three years of peer to peer mp3 sharing, Rush’s fan base grew extraordinarily.

At the beginning of each year, numerous works will have their Copyright expire and they will enter the Public Domain. There is an excellent post up at Techdirt titled, “The Grinch Who Stole The Public Domain” and it covers the works that should have entered the Public Domain in the U.S on the 1st January 2014, however for reasons that are still not clear to the public, these works have been taken away from the public due to a copyright extension that is in place up until 2019.

In the U.S, up until 1978, the maximum amount of time that a work in the US could be covered by copyright was 56 years. As the article states, a creator initially received a 28 year copyright term, which could be renewed for another 28 years.

So back in 1957, Ayn Rand knew that when she created “Atlas Shrugged” that it would be given back to the public to share and build on by January 1, 2014. Same goes for Ian Fleming and his James Bond book, “From Russia With Love.” The same goes for Dr. Seuss and his two books, “How the Grinch Stole Christmas” and “The Cat in the Hat”. All of these authors went on to create further works, so it is safe to assume that that the 56 year Copyright monopoly the creator would have was more than enough incentive to create further works.

In relation to music, the following songs should have appeared in the Public Domain in the U.S.

“That’ll Be the Day” and “Peggy Sue” (Buddy Holly, Jerry Allison, and Norman Petty),
“Great Balls of Fire” (Otis Blackwell and Jack Hammer),
“Wake Up, Little Susie” (Felice and Boudleaux Bryant)
Dmitri Shostakovich’s Symphony No. 11 in G minor (Opus 103; subtitled The Year 1905).
Elvis Presley’s: “All Shook Up” (Otis Blackwell and Elvis Presley) and “Jailhouse Rock” (Jerry Leiber and Mike Stoller).

The above musical works remain copyrighted until 2053 however based on their initial copyright terms, the works should be in the Public Domain.

The purpose of Copyright law was always to encourage the creation of works that would be put into the public domain to promote learning, knowledge and understanding. However, with large organisations controlling a lot of the Copyrights (and their power is growing each day), the law has been twisted into a system that is used to lock works up.

Then you have someone like Jimmy Page, who is really enjoying his Copyright monopoly by continuing to re-issue the same Led Zeppelin works he created between 1968 and 1980. Jimmy Page is a huge influence on my guitar playing. His body of work with Led Zeppelin, along with Coverdale/Page album were all brilliant. The new music he created with Robert Plant, “Walking In Clarksdale” was also a decent effort.

However, “The Firm” and his solo album, “Outrider” didn’t rattle any bones in me. Compared to Robert Plant who constantly creates new works, Jimmy Page has more or less sat back and monetised his copyright monopoly. Since 1993, Jimmy Page has overseen more than twenty three re-issues, re-mastered editions, live releases, greatest hits releases and more from the Led Zeppelin body of work.

While Jimmy Page is entitled to do what he does, Copyright’s intention was to give the artist incentive to create more works, not an incentive to rely on past works.

So while Jimmy Page is doing his thing on one side of the Copyright fence, on the other side there is the shameless releasing of songs by the big labels, purely to extend the copyright term of them.

In January, 2013, Sony released the “Bob Dylan Copyright Collection Volume” so that it could take advantage of an EU law to extend the copyright term on these recordings from 50 to 70 years. So instead of these works expiring in 2013 and entering the Public Domain, they got locked up for another 20 years. Nice one.

When Bob Dylan created these songs, Copyright was in place to offer him an incentive to create new works which he did. However, he also sold or licensed his copyrights to Sony and that is where the abuse kicks in.

Just recently (like December 2013 recent) Apple Records released 59 tracks from The Beatles for downloading on iTunes. These songs include outtakes, demos and live BBC radio performances. A Beatles fan and Blogger by the name of Roger Stormo said the following;

“The only reason why they are doing this is to retain the copyright of this material.”

You see, when “The Beatles” recorded the tracks back in 1963, they made a deal with the public. In return for a government-backed monopoly lasting 50 years, they would allow their music to enter the public domain at the end of that time. Like Bob Dylan, Copyrights got sold or licensed to the record labels. The recording industry then employed politicians as lobbyists and now European fans of “The Beatles” must wait another 20 years before they are able to enjoy and use the tracks as part of the public domain.

The biggest abuse here is that the tracks weren’t even available beforehand (in a legal way). They were safely locked away. Therefore it is safe to assume that the tracks weren’t earning any money for Apple Records. So releasing the tracks into the public domain would have resulted in no loss of revenue whatsoever to the label. However, for reasons only known to the label, they had an opportunity to extend the copyright of the songs for another 20 years and they did.

What about Saul Zaentz, the Fantasy Records label owner who passed away recently. For those that don’t know, he is famous for suing Creedence Clearwater Revival front man John Fogerty for plagiarising John Fogerty.

Yep, Zaentz was that upset that Fogerty struggled for years to free himself from the one sided contract he signed with Fantasy, following the breakup of CCR, that when it finally happened, Zaentz called his lawyers to arms.

Zaentz and Fantasy alleged that Fogerty’s 1985 hit “The Old Man Down the Road” was essentially the same as “Run Through The Jungle” from CCR’s “Cosmos Factory” album released in 1970. Since Fogerty had traded his rights to CCR’s songs in 1980 to cancel his remaining contractual obligations, Fantasy and Zaentz now owned the rights to “Run Through the Jungle”. Under Fogerty’s old CCR contract, Fogerty owed Fantasy eight more records. In the end, he refused to work for the label. The impasse was resolved only when Asylum Records’ David Geffen bought Fogerty’s contract for $1,000,000 on top of the rights that Fogerty sold away.

So when the “Centerfield” album topped the charts in 1985, Zaentz sued. How is that for Copyright abuse?

During the tour, the fans complained that he didn’t play any CCR songs, however Fogerty said that playing the CCR songs meant that he would have to pay performance royalties to copyright holder Saul Zaentz, and he didn’t want to do that. Copyright is used as an incentive to not play songs.

During the tour, Fogerty also spent time in court and in the end Fogerty played the two songs on guitar right on the witness stand and won the case.

On the theme of suing, Evanescence singer Amy Lee is also suing her ex-label Wind Up Records for more than $1 million over unpaid royalties. Of course there is more to the suit than just the unpaid royalties, however one the theme is the same. The abuse of copyright by large organisations.

So next time you read about the need for stronger copyright protection, ask yourself the question; For whom is that stronger copyright protection needed for. Remember that if I write a song today, it is copyrighted for the rest of my life plus 70 years. If I sell the copyright to an organisation for a fee, then they own this copyright until then.

I will leave you with the parting words of James Hetfield as he spits them out in Damage Inc..

Living on your knees, conformity
or dying on your feet for honesty

Which side are you on?

Techdirt – Public Domain – http://www.techdirt.com/articles/20131231/23434825735/grinch-who-stole-public-domain.shtml#comments

Led Zeppelin Reissues Will Continue in 2015 – http://ultimateclassicrock.com/led-zeppelin-reissues-2/

Techdirt – Beatles – http://www.techdirt.com/articles/20131216/09582225579/57-beatles-bootleg-tracked-released-officially-all-wrong-reasons.shtml?pid=110#c110

John Fogerty Responds to Death of Creedence Label Owner Saul Zaentz With Stinging Video – http://ultimateclassicrock.com/saul-zaentz-dead-john-fogerty-reaction/

Evanescence Singer Amy Lee Reportedly Suing Record Label – http://loudwire.com/evanescence-amy-lee-reportedly-suing-record-label/

Classic Songs to Be Discovered, Copyright, Influenced, Music, My Stories, Stupidity, Treating Fans Like Shit

The Great “Bark At The Moon” Song Writing Controversy

Coming into the “Bark At The Moon” sessions, the Blizzard of Ozz band was in disarray. Bob Daisley and Lee Kerslake got fired before “Diary of A Madman” was released and in the process they had their credits removed from the album. The other driving force, Randy Rhoads died tragically when the plane he was on crashed into a mansion and burst into flames on March 19th, 1982.

Ozzy Osbourne as usual was at his drunken best and after delivering the “Speak/Talk Of The Devil” album, he was free from his Jet Records contract, ready to sign a major label deal with CBS.

Jake E Lee joined Ozzy’s band during the “Speak of the Devil” tour. The band at the time consisted of Tommy Aldridge on drums, Don Costa on bass and Lindsay Bridgewater on keyboards. Once that tour ended, the song writing process began for the next album.

This is what Jake E. Lee had to say on the song writing process in a recent interview with the Ultimate Classic Rock website;

Well, most of that was really me and Bob Daisley. Because Ozzy would show up and kind of play around with songs. I remember that I had the riff for ‘Bark at the Moon’ and I played that, and he said, “Oh, I love it — we’ll call that one ‘Bark at the Moon,’” because he already had the album title in mind. So he said, “That’s the one that’s going to be ‘Bark at the Moon.’” He’d come in with things like that and then he’d drink, and he’d either pass out or leave, which left just me and Bob. We’d stay in the studio and flesh out the songs. It was fun working with Bob. He wrote all of the lyrics, [and he’s] a great lyricist. So yeah, me and Bob, we had a good working relationship. It was fun doing that record.

Bob Daisley told his story to the Bravewords website in the following way;

“You see Ozzy and Sharon were trying to get me to agree to get rid of Lee (Kerslake) and get Tommy Aldridge in the band. I kept on saying no, it’s not broken, so let’s not fix it. Lee (Kerslake) was working fine. So they got rid of both of us. But a few months later, Sharon phoned me and asked me to meet her in London for a chat. She said that Randy wanted me to come back and that they wanted to do a third album. So I was supposed to do an album with Randy, Ozzy and Tommy Aldridge. It was all planned that I was supposed to do the third album, which I did but not until 1983 but was supposed to be in 1982. Obviously Randy was not a part of it and it ended up being Jake E Lee. Everything was postponed when Randy left us.”

That postponement meant that Dan Costa was playing bass on the 1982, Winter/Spring European tour. Eventually, Ozzy got fed up with him, punched him in the face, breaking his nose and firing him all in one swoop. The call went out to Bob Daisley again to do the US Festival gig and then the third album.

The US Festival attendance figure varies however it is safe to say that the attendance was somewhere between 350,000 to 450,000 people. The US Festival was the Metal’s world “Woodstock”.

From May 29, 1983 up until 1992, metal and rock ruled. Coming into the US Festival, Bob Daisley had a week to get himself re-acquainted with the songs. In typical rock star fashion, Daisley flew in to L.A, went straight to rehearsal from the airport with some series jet lag. After another rehearsal the next day, he walked out on stage to play to a sea of people on the third day. The bands that performed on the Heavy Metal day included;

Quiet Riot
Mötley Crüe
Triumph
Ozzy Osbourne
Judas Priest
Scorpions
Van Halen

The US Festival (sponsored and orchestrated by Apple’s Steve Wozniack) was a pivotal moment for all of the metal bands involved.

Quiet Riot’s “Metal Health” was released on March 11, 1983 however it didn’t really do anything. The album then started to take off after the US Festival in May 1983 and after the release of “Cum On Feel The Noize” as a single in August 1983, it exploded.

Motley Crue already had some momentum going with “Too Fast For Love”. The U.S Festival helped cement their status as Sunset Strip favourites and when “Shout At The Devil” hit the streets in September 1983, the momentum became a tidal wave to platinum glory. Motley Crue played the perfect set, including a few of the new songs that would appear on “Shout At The Devil”, so as a concert goer, if you heard those songs and liked them, you more or less would go out and purchase the album that has them them.

Triumph, Scorpions and Judas Priest already had some serious momentum going.

1981’s “Allied Forces” for Triumph was a success and the follow-up “Never Surrender” released in January 1983 was no slouch either and it was certified Gold on September 30, 1983 by the RIAA. Isn’t it funny what a festival in May of that same year did to boosting sales.

Judas Priest had their 1982 “Screaming For Vengeance” album doing the rounds and in April 1983 it was certified Platinum in the U.S.

Scorpions had their 1982 album “Blackout” out in the market and their visibility at the US Festival in May 1983, assisted in “Blackout” reaching Platinum status in March 1984. Also in March 1984, “Love At First Sting” hit the streets with the worldwide smash “Rock You Like A Hurricane” further cementing the band’s status as superstars. This success didn’t come instantly either, as the Scorpions had been working since the start of the Seventies.

Van Halen at the time were kings of LA however their last album “Diver Down” didn’t do them any favours. The visibility from the May 1983 festival along with Eddie Van Halen featuring in Michael Jackson’s “Beat It” song would help their “1984” album released in January 1984 reach the lofty Diamond certification.

Ozzy Osbourne on the other hand was a very different place in his career. He had the momentum with the Blizzard Of Ozz band and then started losing that momentum when Sharon and Ozzy fired Bob Daisley and Lee Kerslake. With the death of Randy Rhoads, all of that momentum was totally lost. So the US Festival was an important moment for Ozzy Osbourne’s career.

For Daisley, coming back into the fold after he played the U.S Festival meant that he came with conditions this time around. Two of the conditions he stipulated was to be paid for writing the songs and to be paid to play on the album. Other conditions that he stipulated was to get bonuses when the sales reached a half a million and then a million and so on. However, as usual, he got screwed again and no bonuses came. Of course when the album was released in November 1983, by January of 1984 it was certified Gold in the US.

So after the US Festival in May 1983, Bob Daisley, along with Jake E. Lee, Tommy Aldridge and Ozzy Osbourne went to New York and started writing. Writing continued in London and recording started at Ridge Farms with Max Norman Engineering and producing again. The rest of the album was finished at The Power Station back in New York in 1983. The reason for the change was that Ridge Farm Studio was losing money at that point. In typical Osbourne fashion, the favourite Tommy Aldridge struggled in the studio, with Sharon Osbourne constantly on his case as to why the drum parts were taking so long. So after Aldridge recorded the album and just before the tour, he got fired.

That is when Carmine Appice entered the fold. Appice appeared in the “Bark At The Moon” video and had a contract to do the tour. Eventually he got fired from the tour as well due to him sneaking off and doing drum clinics, which infuriated Sharon Osbourne, especially when he would come back late for sound checks.

This is what Bob Daisley had to say on the matter in an interview on the Classic Rock Revisited website;

“Sometimes he (Appice) would throw extra things into the songs that shouldn’t be there just to show his pupils that he gave free tickets to after doing the clinics. He got a little carried away with himself but it was wrong for Ozzy and Sharon to get rid of him because he had a contract to do that tour. They should have ironed out the problems but what do they do? They get rid of him and bring Tommy Aldridge back and I think it was a mistake. Carmine sued them and he won.”

How many law suits would the Osbourne’s face that all could have been avoided if they were fair to the musicians that really made Ozzy Osbourne’s solo career. Let’s get one thing out-of-the-way. The mix is horrible. Thank Tony Bongiovi for that.

“Bark At the Moon” was a title that Ozzy came up with. Ozzy mentions it and both Jake and Bob agree with it. Jake E. Lee came up with the riffs and Bob Daisley wrote the lyrics about a beast that comes out in a full moon.

I love the lyrics in “You’re No Different.” Bob Daisley has stated that it was Ozzy’s title and that Ozzy wanted the song to be about people judging and criticizing him.

Look at yourself instead of looking at me
With accusation in your eyes
Do you want me crucified
For my profanity

Concealing your crimes behind a grandeur of lies
Tell me where do I begin
If you think you’re without sin
Be the first to cast the stone

Living my life in a way that I choose
You say I should apologize
Is that envy in your eyes
Reflecting jealousy

Tell me the truth and I’ll admit to my guilt
If you’ll try to understand
But is that blood that’s on your hand
From your democracy

The lyrics to the song “Now You See It (Now You Don’t)” were composed by Daisley and were aimed at Osbourne’s wife and manager Sharon Osbourne. However Ozzy and the rest assumed the song was about sex. Even Bob Daisley stated once that the song is about hiding a sausage.

For the song “Rock N Roll Rebel” this is what Bob Daisley had to say about it on his website;

Ozzy’s title and another one about him being accused of being a devil worshiper. Some of the lyrics were his too but about 90% were mine.

“Centre of Eternity” or “Forever” was Bob Daisley’s title and lyrics. As Bob stated, it is a “tongue-in-cheek philosophical look at ‘time’ and our existence in eternity.”

“So Tired” to me was a great song. Jake E Lee hated the orchestra in the song. Bob Daisley has stated that it was his title and lyrics. On his website, this is what he had to say about the song;

Something quite unusual for me to write – a love song. The idea came from a Kinks’ song I heard on the radio one night driving back home from Ridge Farm. Their song was called ‘Tired of Waiting’ but that’s where the similarities end.

“Slow Down” is a Bob Daisley title and all lyrics are by Daisley. This is what Bob Daisley had to say about the song;

Inspired by The Beatles’ song of the same name but again, that’s where the similarities end, the lyrics are very different. I remember Jake E. Lee particularly liked this one.

“Waiting for Darkness” to me is a favourite. It is Ozzy’s title however Bob Daisley wrote all the lyrics.

This is what Bob Daisley had to say about the song;

I wrote it about the hypocrisy within organized religion, the brainwashing, mind control, paedophilia and manipulation through guilt, and that if that’s what equates to the ‘light’ then I’ll wait for the ‘darkness’. When Ozzy was asked what the song was about during his interview with ‘International Musician’ magazine, mentioned earlier, his answer was, “A witch.” It seems he didn’t understand the lyrics I’d written and he’d sung, although he took credit for writing it.

“Spiders” was a Bob Daisley title and lyrics.

This is what Bob Daisley had to say about the song;

When we were recording ‘Bark’ at Ridge Farm, there were hundreds of little spiders everywhere. They were harmless but the glut of them inspired the song idea. I turned it around at the end with ‘the spider’s in your head’…

“One Up the B-side” is Bob Daisley’s ode to anal sex and the title and lyrics are all his.

In relation to the music, Jake E. Lee has said that he would come up with riffs and the ones that got the nod of approval ended up into songs.

On the Ultimate Classic Rock website, Jake E . Lee is asked the question if he went into the making of the “Bark At The Moon” record knowing that he would not be getting any writing credits. He answered that question with a simply “No”.

This is what he had to say on the matter;

“I was promised that I would get [credit]. Because I was young and I was in the middle of Scotland recording, I didn’t have a manager or a lawyer — it was just me. From the beginning, every musician, it’s always hammered into them, “Keep your publishing” and “Keep your writing.” So those were the only conditions that I had was “OK, I’m getting song writing credit, right?” I was always assured that “Yes, I’m getting publishing — of course you are!” When I didn’t on the first record, it was upsetting. But I figured OK, what am I going to do? I got freaked — what am I going to quit? We’re about to tour on a record that I finally got to make. There’s no problem for Ozzy to find another guitar player — am I just going to be that guy that played on that record, didn’t even get credit on the record and then refused to tour because I had a problem with Ozzy? No. I had to go out and tour. It would have been stupid not to. So I was only able to put my foot down at the end of the tour. “Let’s make another record” and I was like, “OK, but this time, you know what? I want the contract first before we start recording. I don’t want to be a dick, but I don’t want to get freaked again either.”

A lot of people think that Ozzy wrote a lot of the lyrics. Ozzy has led people to believe that. In interviews Ozzy has always stated, “when I wrote that”. It is all lies.

This is what Bob Daisley had to say on the matter, in an interview on the Classic Rock Revisited website;

“The Osbournes won’t recognize or admit it’s true. They dislike the fact that, through my lyrics, I had a big hand in creating the magic and image that is Ozzy Osbourne. They’ve always tried to hide that. I remember at the time of Bark At The Moon, Jake E. Lee’s song publishing and mine had some complications. So we opted for a buyout and that’s why it says – ‘All songs written by Ozzy Osbourne.’ This of course, is not true. Ozzy did an interview with International Musician magazine, back in ’83 or ’84, they asked him how he wrote those songs and he said ‘with one finger on a piano.’ What a joke. The whole thing was ridiculous. Most people take it for granted that if someone is singing lyrics, that they wrote them.”

Now Bob Daisley got a buy out for “Bark At The Moon”, however it looks like Jake E.Lee got really screwed over for this release. There are no royalty checks for the songwriting and no publishing monies either. Let’s hope the Osbourne’s can sleep well each night, considering that a couple of million from the hundreds of millions that Ozzy is worth could right their wrongs.

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