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

The Ballad Of Bob Daisley

The music business is tough. Regardless of the opportunities that the Internet has given to creators, it is the rich that still control the business. The term rich these days can range from executives to artists. For those artists that played the game and succeeded, kudos to them. For those artists that played the game, succeeded, lost it all and re-succeeded, special kudos to them.

However as time passes, the artists and executives that have come out on top start to rewrite history, trumping up their roles in previous events in order to suit their point of view and positions of power in the present day.

The wife of Peter Criss has called his biography “full of lies”. Tom Werman has disputed events in Nikki Sixx’s “The Heroin Diaries”. Dee Snider even disputed the authenticity of an heroin addict keeping a diary.

However, what happens when an artist in a position of power at the moment, does their best to undermine the work of previous people in their career. One such case is Ozzy Osbourne and his partner in crime Sharon Osbourne.

Has anyone heard of the “Whigs”? The whiggish view on history is a view which holds that history follows a path of inevitable progression and improvement and which judges the past in light of the present. They fail to look at other factors and failures or other paths that where taken.

This is what the Osbourne’s have done to Bob Daisley. They are trying to re-write history to show that Ozzy Osbourne himself was the main reason why his solo career progressed. They are omitting important facts that when Randy Rhoads and Bob Daisley signed on, it was always spoken of as a band. They are omitting important facts that the band was actually called Blizzard Of Ozz. They are omitting important facts of Ozzy punching Randy, because Randy didn’t want to do a live covers album of Black Sabbath songs. Most importantly, they are omitting the main fact, that Bob Daisley served as the lyricist for the band for six albums.

The first slap in the face of Bob Daisley and Lee Kerslake was the “Diary of A Madman” album. On the sleeve, Rudy Sarzo is credited as playing bass and Tommy Aldridge is credited as drummer, however both people have come out and said that they didn’t play a note on the album. Bob Daisley and Lee Kerslake played on the album, however they are not credited. That is why a dispute occurred. It is in relation to unpaid performance royalties.

In 1986, Daisley and Kerslake took Jet Records and Don Arden (Sharon’s father) to a London court. Of course they won the case, and they thought that they would get their royalties and that “Diary of a Madman” credits would be changed. It didn’t happen. Having had a long relationship with Ozzy, he still believed that it would be sorted out. Promises were made, however nothing changed. His life was threatened when he asked about his royalties.

Unbeknown to Daisley was that Ozzy and Sharon had bought the rights to Ozzy from Don Arden and Jet Records in 1983.

If Daisley was not good at what he did, why would the Osborne’s call him back to write lyrics and music for “Bark At The Moon”, “The Ultimate Sin”, “No Rest For The Wicked” and “No More Tears”.

Daisley was constantly ignored, until he took the Osborne’s to court for unpaid performance royalties for the “Blizzard Of Ozz” and “Diary Of A Madman” albums. In response to that, the Osbourne camp removed both Daisley’s bass and drummer Lee Kerslake’s parts from the new re-issued versions of Blizzard and Diary, opting for Ozzy’s current drummer (Mike Bordin from Faith No More) and bass player (Rob Trujilo now Metallica) to record their own parts onto the CD. This happened for the 2002 re-issues.

However in 2011, the original tracks were reinstated for the 30th anniversary issue.

Entertainment attorney Steven Machat, who was involved in the deal Osbourne signed with Jet Records, said in his 2011 book “Gods, Gangsters and Honour: A Rock ‘n’ Roll Odyssey” that Osbourne’s soon-to-be manager and wife Sharon Arden was not happy with the level of creative input Kerslake, Rhoads and Daisley had in the “Blizzard of Ozz” album and did not want them to share the credit.

As a songwriter I have had people that were not even in the band when the song was created put in song writer percentages claims on songs. Those songs I also had registered years prior. It is a frustrating and unregulated process, where the onus was on me, the main songwriter to prove that I was the sole songwriter, while the fraud claimers on my songs just sat back. Because, they didn’t care. If I couldn’t prove that they were my songs, then they get a credit for something they didn’t do. If I could prove that they were my songs, then they just lied a bit more, until they lost interest. So I can feel the frustration and disappointment that Bob Daisley would have felt being written out of Ozzy’s history as merely a session player.

Especially when you look at the plethora of information out there that clearly states that Ozzy’s post Sabbath project was a band. All of the Randy Rhoads material written after his death states the same, Bob Daisley and Lee Kerslake state the same, initial publicity releases state the same, however Ozzy and Sharon state differently.

The sad thing is that if anyone reads the credits to the “Bark At The Moon” album, you will see it listed as “All music and lyrics by Ozzy Osbourne.” Like, yeah right, Ozzy really churned out all of those riffs. It is sad at to what level the Osbourne’s stooped at that stage. One more thing, read the book from Ozzy and tell me how many times he mention Jake E. Lee in the book. But that is a story for another day.

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

Grammy Awards

It’s a gimmick. From when Jethro Tull won the first metal award at the Grammy’s, the whole awards night and nominations has been a joke when it comes to metal and hard rock music. Hell, even metal heads said “who is Jethro Tull” when his name was announced. Jethro Tull didn’t even turn up to the awards ceremony because their label told them they wouldn’t win.

I am all in for metal music to be recognised, however it’s time to call a spade a spade. The Grammy awards for metal doesn’t recognise anything. It is a dead set joke. The Revolver awards are a step in the right direction however they are not much better as they play up to the ‘PR’ companies who assist in writing their stories. You see, we live in a different world right now where we get to choose what we want to listen to from a plethora of choices. Does anybody really care who wins or is nominated?

Having Metallica win the “Best Metal Performance” in 1990 for “One” and then in 1991 for “Stone Cold Crazy” just added to the Grammy metal jokes.

“One’s” fate was tied with the “…And Justice For All” album and that was meant for the 1989 Grammy ceremony. And seriously, for the 1991 awards, a cover song was the best that was on offer in the metal world for releases released from October 1989 to September 1990. I don’t think so.

Even in 1999, Metallica won again for “Better Than You”. For which song, I hear you say. “Better Than You.” Does anyone know from which album it was on or how the riff goes or the vocal melody? I bet that most people will answer NO.

Fast forward to the 2014 nominations. The nominations are Anthrax – “T.N.T.”, Black Sabbath – “God Is Dead?”, Dream Theater – “The Enemy Inside”, Killswitch Engage – “In Due Time” and Volbeat – “Room 24” featuring King Diamond. Scott Ian has even said that he didn’t know that Anthrax could be nominated for their cover songs.

From an artist point of view a Grammy nomination can be trumpeted as a marketing success in future promotions however it means nothing if the music isn’t great. Even in movies, who cares if a new movie has Oscar nominated actors if the movie is a dud. Same deal with music. Who cares if Megadeth has been nominated for the most Grammy’s without a win? We only care if the music is great?

Yep, Motorhead won a Grammy in 2006, beating out acts like Cradle of Filth, Hatebreed, Killswitch Engage and Slipknot. Can anyone name the track and the album it is on without Googling it. Yep, Judas Priest won an award in 2010 for a live track of Dissident Aggressor. Seriously, a live track. That is the best that was on offer.

If the music is not repeatable and if people are not listening to it, it’s time to go back and write some more songs. To think that the Grammys’ are a reflection of heavy music today is akin to saying what Loudwire rights is gospel. Did anyone read their praising review of the first Red Dragon Cartel gig? It was a shock to the 99.9% of the audience in attendance who blasted the show on Facebook and other social media sites.

NARAS is beholden to the old major label structure. That structure is going through a chaotic time and for some of it is crumbling. So what does NARAS do? They nominate what the labels push and lobby. They get it wrong year after year as their membership is declining. In other words, the current music paradigm looks for people to lead and NARAS has none.

The old paradigm is gone. Entertainment and music are owned by the fans. The days of Producers, Record Label A&R’s and Publishing people voting for who should be nominated and who should win are over. If these people think they are above the audience, then they are in for a rude shock.

Musicmetrics has shown Iron Maiden where their pirate (copyright infringing) fans are and Iron Maiden rewarded them by doing concerts there. However apart from the websites that report critically on these issues, the rest of the media ignores the story, because they are beholden to the labels or to the old newspaper system. So of course, they cannot be trumpeting the virtues of copyright infringement.

What we should be awarding is music that managed to get their message out to people. In 2013 we are inundated with so much information, so we decide to invest time into music that interests us or really connects with us.

So what is important. The bottom line is this.

If a band is at decent “star” level, they will get traction because they have proven themselves. They do not need a Grammy nomination or a Grammy win to trumpet their next album. If Megadeth releases another stiff album, then they can expect to do even lower numbers on their next tour, because in the end ten tracks slapped together means nothing if nobody isn’t interested. Same for Dream Theater.

The plan today is back to selling songs. The record labels wish that is not the case, however that is just denying the inevitable. Music is a hit for a reason. It’s because its good. It’s not because it won a Grammy award or got nominated for a Grammy award.

Otherwise a Grammy nomination is near meaningless. A footnote. It doesn’t service the fans. That’s the music business right now. The fans have the power. They deserve the respect.

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

Have Digital Will Travel

Megadeth is in the news sections of the metal and rock websites a fair bit. It could be interviews, reviews of live performances, commentary about the album Super Collider, critical analysis on the current album versus the earlier stuff, reactions to comments made by Dave Mustaine and anything else that happens in the world of Megadeth which is a big one when you take into account the amount of musicians that have been involved with the band.

Regardless of what people think about Dave Mustaine or Megadeth, they can never take away the historical fact that Megadeth were early web pioneers.

Does anyone remember their old “Megadeth, Arizona” site that was launched in 1994 and then re-designed and re-launched for the “Cryptic Writings” release two years later. Apart from the normal pieces of information, it was also a place for fans to check in, hang out and interact with the band along with other fans. Something that social media has built on and improved.

Which leads us to today and how customers/fans now demand full access 24/7 and at a low price. We all live in a digital world and that means our lifestyles are all digital. We listen to music on our smartphones. We buy concert tickets online. We interact with acts via social media. Our mobile devices are no longer accessories. They are the first things we reach for when we wake up and the last things we touch before we go to bed.

So is the music business catering for this need.

YouTube is. We can all access songs on YouTube for free. Some are of high quality and others are not. The majority of the services when it comes to music are all pay models. To have Spotify on your mobile means that you need to have a paid subscription however Spotify has just announced that they are also moving to mobile ad-based subscription.

Fans need to have ZERO rules as to how they consume their music… It’s a brave new world! That is why three new players are set to enter the market in 2014.

It’s a swarm mentality. Once people see people gravitating to a certain act or platform others will follow. Marketing in the traditional sense cannot achieve this. Since fans are connected 24/7, if they are unhappy with the act they normally like even for just 2 minutes, expect a tweet or a Facebook post to hit the internet. If a lot of negative tweets happen, expect the swarm to fly in.

If a lot of them get out, it could lead to brand damage. Look at Queensryche. How far have they fallen especially when Queensrcyhe were also an early adopter of technology. They had the Ryche online boards and the whole Promised Land album came with a CD Rom adventure game.

If an act does not have delighted customers/fans then they have no market. The way that acts delight customers is by making sure every interaction leaves the customer happier than they were before. Bands that neglect to get to know their customers will discover they have customers who are sensitive to nothing but price.

Back in 1989, people paid $27 for a CD and everyone knew that the artist was getting $1 of that price to split amongst 4 to 5 individuals. However, for some reason that was okay back then and now artists are complaining about how unfair the payout is. Spotify pays 70% to rights holders. So if the rights holder is not paying you a decent cut, then you need to negotiate a better contract.

Remember fans have zero rules when it comes to consuming music.

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

What a great idea? Give the fan a choice. Lessons from Dream Theater, Trivium, Shinedown, Protest The Hero, Coheed and Cambria

Does anyone in the music business know what works or doesn’t work when it comes to marketing a band?

For some reason, a lot of the parties involved still believe in a scorched earth marketing policy. That is where the said artist is promoted everywhere and on everything.

Will a corporate deal with a large newspaper or an online news site for an exclusive pre-album release stream help an act’s career in the long run?

Dream Theater went along this route for the “The Enemy Inside” launch, the “Along For The Ride” launch and the pre-album stream.

Three corporate deals that put money in the hands of the record label however what did it do for the band?

If you followed the band, you would have seen the comments on Facebook that when the launches happened, people in other countries couldn’t access the stream and frustration turned to anger. Of course within 24 hours the problem was fixed, however fans waited 24 hours. In the era of the World Wide Web. Geographical restrictions are old school.

In addition the album isn’t really setting the sales department alight. After a six week run, it is more or less obsolete and out of the conversation. Don’t believe, type in “Dream Theater self titled” in Google search and go to the news section.

Do TV and Newspaper ads work at all in 2013?

I rarely watch free to air TV and I rarely read Newspapers. Most of the stuff I do is online. I have an “online” life. So if I visit Loudwire, Noisecreep, Metal Insider or some other music site, I do notice ads on the side for new releases. However not once have I clicked on them or decided to hear a band because of those ads. So in my view, they don’t work.

What about YouTube plays and Spotify stream counts? This is what gets me interested. When I type in a band name into these platforms the first thing I normally play is the track with the most views/streams. These stats will help a band in the long run.

For example, Shinedown’s most streamed song is “Call Me”. The fans decided that is the song they can connect with the most. On YouTube, the fans have used that song as a soundtrack to their own video clips and the numbers are staggering.

It looks like a lot of big decisions in relation to the career of the artists are made on hunches or gut feelings by the record labels. This is ridiculous in 2013.

Labels are in this business to make money. They will be looking at what makes them money.

Trivium is on Roadrunner. Their latest album moved around 50,000 units in the U.S. Is it a dud? The label will probably use that stat and say it is. However, if you look at YouTube, you will see the video clip to “Strife” has 1,093,648 views. This has more than doubled “In Waves” that is sitting at 589,175 views. Hell, it’s even greater that Dream Theater’s “The Enemy Inside” clip which is at 891,939 views. Is the new Trivium album a dud now? Of course not.

Why?

People are listening to it. The numbers are there.

The labels flushed out Protest The Hero. The band then went the fan funding route. That route also gave them access to data. The data is a list of fans. Once an act employs a data model, they will start to get wins on the board. Once a band starts winning, others will gravitate to them.

On YouTube, the Underbite video has 137,339 views. The Clarity video has 163,773 views and the Drumhead Trial video has 250,972 views. For an independent band, those numbers are good.

Coheed and Cambria employed a data model with “The Afterman” releases? They put the focus on the deluxe packages. Those packages proved way too tempting to resist and guess what; thousands upon thousands of Coheed fans signed up to their modlife website and purchased. In the process, Coheed and Cambria made sales and gathered data of their hard core fans. That data list is close to 100,000 people.

With that Super Deluxe purchase, came the VIP Meet and Greet perk. So as long as you purchased a normal concert ticket, you had the VIP pass for meet and greets already and you could purchase another pass for a friend a discounted rate. What a loyalty program.

For example, I purchased “The Afterman” deluxe edition. A VIP pass came with this purchase. Then when Coheed and Cambria announced a Sydney show, I purchased two concert tickets at $66 each. Then I went on line and purchased another VIP pass for $15 for a friend of mine. This entitled us to early entry into the venue for either a special acoustic performance of one of the band members or a meet and greet.

Due to the large number of people that had this perk, it ended up being an acoustic performance. However, if the numbers were low, it would have been a meet and greet. The reason why the Sydney show was a success and the Australian tour in general was because Coheed and Cambria used data to connect with their fans.

Then the band used the data to promote special merchandise releases, Comic-Con appearances, video clip releases and side project releases.

Go on YouTube. Domino The Destitute has 1,295,151 views and Dark Side Of Me has 1,144,730 views.

Then the band promoted “The Afterman” live edition. This edition involved “The Afterman” albums plus a live CD. However, if a fan had purchased “The Afterman” CD’s before and all they want is the live CD, that was also available to them. All they had to do was log in to their account and pick what they wanted.

What a great idea? Give the fan a choice.

Instead we get the normal rubbish from the RIAA and the Record Labels, about how they are losing sales due to digital piracy.

Studies have shown that Peer To Peer traffic is now below 10%. It was 60% eleven years ago.

So 11 years ago, the only choice the fans had was to buy the expensive CD or to share individual tracks. Fans picked the sharing option.

However in 2013, people don’t need to pirate anymore because there is no need to. Whatever the fans want is available for free anyway, on YouTube, Spotify, Pandora, Grooveshark and so on. It has also become easy, which is something the labels have no idea how to do. Cough Cough “DRM” anyone.

Even when artists come out bemoaning piracy they fail to understand the shift that happened in the music industry. The fans decision to pursue single tracks instead of a whole album, changed the profits from a high-margin return to a low margin return for the label.

The Lie That Fuels The Music Industry’s Paranoia
http://www.forbes.com/sites/bobbyowsinski/2013/11/27/the-lie-that-fuels-the-music-industrys-paranoia/

Peer To Peer Traffic is Down
https://www.sandvine.com/pr/2013/11/11/sandvine-report-netflix-and-youtube-account-for-50-of-all-north-american-fixed-network-data.html

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

What does Vito Bratta, Chris DeGarmo, Richie Sambora, Iron Maiden and Dream Theater have in common?

The top four searched items that bring people to the Destroyer Of Harmony site are as follows;
1. Vito Bratta or Vito Bratta 2013
2. Chris DeGarmo or Chris DeGarmo 2013
3. Live At Luna Park DVD (during the period of no information on the status of the release)
4. Richie Sambora

When someone types in Vito Bratta or Vito Bratta 2013 in Google, there is a very good chance they will end up at Destroyer of Harmony.

The posts on Vito Bratta are like are like a slow hit burner for the site. People are really interested to find out what he is doing. Since he doesn’t have a social media presence himself, it’s up to hard-core fans to keep his talent going. All I am doing is trying to connect the past with the present for Vito.

Isn’t it a coincidence that all the searched topics have a lot of question marks?

The Jon Bon Jovi and Richie Sambora split was very vague and even though Richie Sambora said recently he just wanted to spend time with his daughter, Jon Bon Jovi still wants an explanation as stated in a recent interview he did with the Herald Sun.

“… he was never fired, we certainly have no animosity and when the tour is over he can come and see me and Tico and Dave and explain what happened.”

Fans want to know what the hell is going on. They want to know what their heroes are doing. We live in an information society, now more so than ever.

Vito Bratta is leaving money on the table here. The glory days of 1988 are long gone. The glory days of someone putting a sizeable offer on the table are also long gone. The “guarantee concept” is fading. Promoters are waking up. They are starting to look at different models.

There is no point in giving an artist $200,000 a show based on what they did twenty years ago. What are they worth today?

Vito Bratta touched on this “up front guarantee” when he did the Eddie Truck interview back in 2007. He was open to the idea of White Lion reforming; however he needed to know that if he left his house, there would be something there to keep the lights running and the bills paid. In other words he was looking for a guarantee and that was something a lot of the promoters did not want to do.

Mike Tramp does his normal thing, playing small venues and clubs, sharing in the takings with the owners. There is no guarantee in what he does however it is a source of income and it gets him out there, connecting with people.

No one is guaranteed of making it in the music business. That is the nature of art. It is subjective. People will either connect on a large-scale or a small-scale.

The bottom line is this; Vito Bratta has a hard-core fan base. It is a niche audience that is made up of Eighties Hard Rock fans and Guitar Enthusiasts. It is a market that has been waiting for a long time for something new and that is why his name is searched out every day.

Chris De Garmo is missed. There is no guarantee that if he remained in Queensryche everything would be rosy and of high quality. However with the current debacle with the two Queensryche bands and a looming court case over the name, the Queensryche fans are looking for a shining light in all of this. And that light is Chris DeGarmo. He got out before it all went south.

People want to know what his thoughts are on the two Queensryche bands that are doing the rounds. They want him to create new music. They want him to step back in and save the band name.

As with everything there is no guarantee that if he does step back in, it will all work. And that is the issue. Is Chris DeGarmo prepared to leave his family for something that is not guaranteed. If he had some data that could advise him, then maybe he could commit.

In my opinion, data is actually the biggest currency in the music business however it still remains relatively untapped.

Has anyone seen the data that Musicmetric puts out?

Iron Maiden is the most heavily BitTorrent’ed band in Brazil. Brazil is also one of the biggest file sharing countries. What does this data tell Iron Maiden? It tells them that they have fans in Brazil that love music. It tells Iron Maiden that they need to get Flight 666 to South America and turn these free file sharing fans into concert ticket paying fans.

Having the data available to track where a bands fan base is more vital and more important than how many units an artist sold from a recorded product.

Iron Maiden has not sold great numbers in South and Central America since Peer to Peer Sharing started. However, they have toured the continent on a yearly basis, selling out large stadiums in the process and heaps of merchandise as well.

In relation to Dream Theater, the whole Live at Luna Park DVD/CD/Blu-ray release was a debacle. The fans wanted answers. Their Facebook page had thousands of comments from fans, all asking what is happening with the DVD release. The responses went unanswered for about eight weeks before Dream Theater made any comment on the delays.

Up until 2005, Dream Theater more or less avoided South America due to the “what they wanted to be paid so that they can bring the full show vs. what the promoters wanted to pay”.

This is what Mike Portnoy had to say on South America, on the Ytse Jam Bootleg DVD live release of their Santiago, Chile performance that took place on June 12, 2005.

“..the promoters in South America were apprehensive to give us what we would normally get to put on a show not knowing what the turnouts would be like. So in order to finally do a proper tour of South America, we agreed to bite the bullet and strip down; do the tour completely barebones so the promoters could feel out what to expect on future tours.

Well, surely they must have been shocked (as were we) when 20,000 people showed up for our very first show in Santiago, Chile.”

There you go; both the promoters and the band had no idea about the size of the fan base. Dream Theater avoided South America due to a hunch. That hunch is “hey the guys are not moving a lot of sales in Brazil so that must mean that they have no fan base.” Even for 2005, this line of thinking was outdated.

There is change coming to the live business. It’s slow but it is happening. What is a ticket worth these days for a concert? Normally, a number is pulled from somewhere and the promoters go to market to see if the fans are willing to pay for it. If the tickets don’t sell, then discounting begins and that more or less alienates the true hard-core that paid top dollar up front.

This even happened to Dream Theater when they played Sydney on the Black Clouds tour. A fortnight before the show, the tickets went to half price, just so they could fill the venue (that more or less sold out two years prior).

In the end the fans are an artists best asset. Treat them with the respect they deserve and not like the rock star that is portrayed in the Protest The Hero song, Underbite.

Iron Maiden article http://www.theguardian.com/music/2013/nov/29/iron-maiden-llp-stock-exchange

Jon Bon Jovi Herald Sun article http://m.heraldsun.com.au/entertainment/music/jon-bon-jovi-reflects-on-his-latest-and-most-challenging-world-tour/story-fni0bvjn-1226771962259

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Alternate Reality, Copyright, Derivative Works, Music, Piracy, Stupidity, Treating Fans Like Shit

Imagine A World With Copyright Terms Reduced To 40 Years..

Should songs still be under Copyright forty years after they have been released?

In Australia (as well as a lot of other countries) a copyright for a sound recording or a film lasts for the life of the creator + 70 years.

In my opinion this is ridiculous.

Is this what Copyright has become? A pension fund for the creator and their family members. Also with large Corporations technically owning a lot of the copyrights of creators, it is safe to say that Copyright has become a weapon to stifle creativity.

It is common for people to see that the purpose of Copyright as a means to compensate the creator of the content. Hell, that is what Wikipedia states as well, along with the large labels and movie studios . In fact, Copyright was never designed solely for this purpose.

In Australia it was stated that the purpose of Copyright law was;
…to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. On the other hand, as copyright in the nature of a monopoly, the law should ensure, as far as possible, that the rights conferred are not abused and that study, research and education are not unduly hampered.”

In the U.S, the Constitution’s clause on Copyright and patents states:
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (Article I, Section 8, Clause 8)

In today’s terms, both countries are saying that the purpose is to reward the creator and to ensure that maximum creativity is happening.

John Lennon didn’t sing imagine a world with reduced copyright terms however he should have.

Let’s just say that the copyright of a song is 40 years from when it was first released. To make the law even simpler, let’s just say that the 40 years starts from when the song is first released. So if the song is remastered 10 years later or released as a live version, it doesn’t matter. The 40 years starts from when the song is released.

That would mean that all songs from 1972 and before would have been in the public domain at the start of 2013.

That would mean albums from Led Zeppelin, Black Sabbath, Deep Purple, Eric Clapton, Cream, Rolling Stones, Yes, Pink Floyd and many others would be in the Public Domain.

Would that affect those bands in any way?

Would it affect the people who wrote the songs?

Lets look at Led Zeppelin. If copyright is 40 years from when the song was first released that would mean that Led Zeppelin I to Led Zeppelin IV would be copyright free. That means all of those songs are available to use.

Imagine all the music that would be created by building on the material. Image all the music that would be created by remixing, sampling and re-using the songs. All of those songs would available for people to re-record without any restrictions. It will not diminish the original songs in any way. It would give them a second life and a new audience.

Why should any creator in 2013 be stifled by over-reaching copyright laws when it comes to creating art?

The acts from the Sixties and Seventies, brazenly borrowed and built upon songs that already existed. Keith Richards even said that you can’t copyright the blues. All of those bands infringed heavily on other people’s copyright. However back then the Copyright monopolies didn’t exist, so it was okay.

Surely the 40 year monopoly that artists from the Sixties and Seventies have on the music they created is sufficient compensation for their creations. However copyright is still seen as a major profit line in the business model of artists. Since the Government and the large players have focused almost exclusively on monetizing via copyright, they will argue until they are black and blue any attempt to change copyright as they see change as an attack on their incomes.

Seriously, who do you think will be holding the copyright to the Led Zeppelin songs, 10 years after Jimmy Page and Robert Plant have passed. Trust me, it will not be the family members. It will be the corporations and the record labels. They will hold the monopoly on these songs. You can see it happening now with Disney and how they are stopping Mickey Mouse from entering the public domain by lobbying for longer copyright terms.

So what new songs would these corporations be creating by holding a monopoly on the copyright. The answer is simple. NOTHING.

Remember that Copyright was also designed so people are inspired to create more. So what has Jimmy Page created in the last 15 years. The answer is nothing. There is nothing wrong with that either, because he can rely on his copyright monopoly and issue box sets every 2 to 3 years. Since 1990, Jimmy Page has issued 13 box sets of Led Zeppelin’s seventies output. In 23 years, Jimmy Page has released the same music, over and over again 13 times.

Remember, copyright is to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. So what happened to the further creative works.

I love Jimmy Page and he is a huge influence on me. However, apart from the excellent Coverdale/Page project and his reunion with Robert Plant, his creative output has been poor since the start of the Nineties. Even in the Eighties, Jimmy Page’s output pales in comparison to Robert Plant’s recorded output and work ethic.

By the way did you see that BitTorrent traffic is down in the U.S? How can that be, especially when the labels and the movie studios are still screaming piracy and copyright infringement.

It’s funny what some innovation can do. That is how you compete today. You innovate, not stagnate. NetFlix and YouTube account for 50% of all net traffic.

However in Europe and other parts of the world, access to the latest films and TV shows is not as instant so unauthorised BitTorrent users continue to grow there.

The labels and their back-handed politicians will argue that their six strike policy is the reason why BitTorrent traffic is down. I would argue back that all that has done is increase the use of Dark Nets.

This is what the article said on that;
“The use of “dark nets” such as Tor and encrypted digital lockers is growing in popularity. These can be harder to track.”

So get ready for the next round of b.s from the labels and their lobby groups. We need Google to do more to stop copyright infringement, we need dark nets to be busted to save our children, we need cloud services stopped because they encourage racketeering and copyright infringement on a grand scale.

They will complain about everything, except innovate. Spotify wasn’t created by the music industry. Pandora wasn’t created by the music industry. iTunes wasn’t created by the music industry. The iPod wasn’t created by the music industry. NetFlix wasn’t created by the movie industry. Napster wasn’t created by the music industry. YouTube wasn’t created by the music business.

But the entertainment industries spin it like it was them that created these legal alternatives. The truth is they where dragged kicking and screaming into these new technologies.

BitTorrent traffic down: http://m.bbc.co.uk/news/technology-24911187

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

Kirk Hammett = Misguided Fool. We Are Actually Living In The Golden Age of Music Access

The comments from Kirk Hammet have been getting a lot of press/ink lately. They have been re-posted on thousands of other metal news sites by simply copying and pasting what he said.

For those that haven’t read it, this is what Kirk said;

“There haven’t been a lot of really, really great bands that have shown that kind of promise. I think it’s a concern. Because of things like iTunes and streaming and social networking, it’s destroyed music. It’s destroyed the motivation to go out there and really make the best record possible. It’s a shame.”

Okay so lets unpack what he really said.

“There haven’t been a lot of really, really great bands that have shown that kind of promise. I think it’s a concern.”

You see, when you detach yourself from the streets and live in your ivory tower, you don’t see what is happening at ground zero.

Five Finger Death Punch is going GOLD in a tough sales market. They have great numbers in relation to YouTube views and Spotify streams. Their albums have been selling up to the point of when their new one is released. Think about that for a second. Five Finger Death Punch has consistently moved units of their albums every week since 2007. Now compare that to Dream Theater whose new album is already dead and buried after four weeks.

Shinedown are doing super numbers in relation to sales, YouTube views and Spotify streams. They have certifications left, right and centre.

Avenged Sevenfold released a progress is derivative album that is also doing great numbers. In addition, they do super numbers on the live circuit

Black Veil Brides has achieved so much with their first three albums as well as other bands like Bullet For My Valentine, Alter Bridge, Killswitch Engage, Volbeat and so on.

Will we have the superstars of the Eighties and Nineties again? Of course not, it is a different time today, however you can’t tell me that the bands mentioned above don’t have a certain superstar status at the moment.

Will they headline the major festivals? Probably not, because no one really likes festivals any more. The festivals are on their way out. They just don’t know it yet.

“Because of things like iTunes and streaming and social networking, it’s destroyed music. It’s destroyed the motivation to go out there and really make the best record possible. It’s a shame.”

With all the information we get on our favourite artists these days, it makes us realise that our heroes are complete idiots. Kirk just doesn’t understand change. It’s constant.

Kirk’s comments are no different to the comments from other dinosaurs like Jon Bon Jovi, Scott Ian, Duff McKagan, Yngwie Malmsteen, Thom Yorke and David Byrne. Railing against the Internet, Spotify and iTunes and complaining about payments and the lack of motivation to record new music. 

Let’s get one thing clear. Music today can be made for next to nothing. That is why we have so many releases in the market place. Competition for listener’s attention is sky-high. Everybody who records something believes we should pay attention.

Kirk Hammett wants to go back to the Eighties, to a time when bands had to have a record deal to record their music. Kirk Hammett wants fans of his music to buy the whole Metallica album just to find out it was garbage (like ReLoad, St Anger) or for a few songs (like Load).  

If that is the motivation that Kirk Hammett and Metallica needs to record, then they can just give up right now.

It never used to be that way. Metal and rock artists never complained. They always ADAPTED. 

Do you hear Imagine Dragons, Daft Punk, Mumford and Sons, Shinedown, Five Finger Death Punch, Eminem, Halestorm, Killswitch Engaged, Alter Bridge, Slash or Avenged Sevenfold going on a rant about not wanting to make new music or that it is just too tough out there and no one can make it?

Could it be that most people are just not interested in new Metallica music? As Lars said in a Hot Metal interview from June 1992, that I posted earlier. The numbers they are getting for the Black album, will not be eclipsed or bettered.

Could it be that the Napster stigma is still around? The image of Lars Ulrich holding 500 pages of user names that traded in Metallica music is still fresh in people’s minds. 

The comments in relation to streaming are just wrong. Streaming is competing with PIRACY. How is that not good? With Spotify around it just doesn’t make sense to steal. It pays the artist when their music gets played and it pays the artist forever. A sale of an album is just a one stop transaction that inflates the NOW and when you start talking about the NOW, you are thinking like a Record Label.

If Kirk Hammett and Metallica or any artist out there wants to make money from recorded music, they need to find a way to get people to purchase a Spotify Premium account.

Spotify has a mission to have over 20 million premium customers. This will allow artist to take years out to record their masterpieces. Instead of working with the technology, they talk in riddles against it. 

We are living in the golden age of music access. The history of recorded music is at our fingertips and that is a good thing. Finally, there is plan in place to monetize it. If you want to monetize, you need to keep creating.

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

Create The Undeniable Song – It Will Sell

I am listening to “Are You Gonna Go My Way” today, the third studio album by American rock musician Lenny Kravitz, released in 1993.

It’s funny that after all this time I still like only 3 songs from the CD, which are “Believe”, “Sister” and “Are You Gonna Go My Way” in that order. There is also a track called “All My Life” that appeared on some bonus CD’s or as a B-side that is also up there. However, to hear all of the songs mentioned, I had to purchase the record label “promotional tool”; the good ol’ expensive CD.

That is why the album went multi-platinum everywhere.

Consumers of music had to purchase 10 to 14 songs, just to hear 4 to 5 songs. Of course we could have purchased the singles, however at $7 a single (that was the price in 1993), why spend $14 on two songs, when for $20 (on sale) or $27 (as a new release) you could buy the album.

I actually purchased the album for the song “Believe”. That is a great song and a dead sit hit in my book. When that lead break cuts in at the end, along with the strings, it’s goose bumps all the way.

The album went Gold (U.S) in May, 1993, three months after its release. By June, 1993, it was certified Platinum (U.S). By January, 1995, it was certified 2x Multi-Platinum. If you look at Kravitz’s most recent certification, it is for a single. How times have changed?

I don’t want to pay for a batch of songs I don’t like anymore. I didn’t used to be this way. I lived for music.

Misguided people think that piracy ruined the recorded business. What they don’t realize is that most people didn’t want the album/CD. People wanted that unique track. When the CD came and the record labels started charging us a fortune for it, albums suddenly became very long.

Instead of getting 35 to 45 minutes of music every year, we started to get 50 to 70 minutes of music every two to three years.

So the recording business saw the large profit margins and just kept on marching along with the overpriced CD’s business model, using MTV to push and promote the artists. So when people got the option to download, to cherry pick what they wanted to hear, a whole new market place was born.

We didn’t have to pay attention to what the major labels pushed on us anymore or any other label for that matter, because we started to have options. Today, we have options galore. That is why there will not be any super stars like there used to be. Competition in the market place diluted the record sales.

When I see artists like Thom Yorke and Nigel Godrich complaining about Spotify, I just shake my head. Thom and Nigel have to be real damn great just to have a little bit more than a tiny audience today. The old paradigm of fans purchasing CD’s that had a lot of filler because very little content was available is over.

To stand out today, artists like Thom and Nigel have got to be incredible. Protest The Hero went via Indiegogo to raise funds for “Volition”. Their goal was $125K and they ended up getting over $341,146 USD from a fan base of 8361 fans. I gave $50. A small audience that was happy to spend money.

The report from the “London School of Economics” called “Copyright & Creation: A Case for Promoting Inclusive Online Sharing” hits the nail on the head. Online piracy is not hurting the music industry. It has put a dent in recorded music sales, however that was inevitable with the shift in technology, the over saturated marketplace and the years of fan abuse by pushing overpriced CD’s. It’s simple economics. There is so much supply and the fans of music demand only what is great.

There is an argument from certain song writers that since people began downloading music without paying, royalties for them have dried up. Some have even had to take full-time jobs. Big deal is what I say. If you are a songwriter, then write more songs and better ones. Copyright was never designed to be a pension fund.

The bottom line is this – if the artist creates that undeniable song, they will have no problems selling it. The song will sell itself. I parted with $27 back in 1993 for the song “Believe.”

Looking at all the certifications around the world from the industry bodies, one thing is certain. The singles are dominating. So all those metal and rock bands spending years and dollars on a long player are doing it wrong.

Even Metallica now, have single Platinum certifications from songs that were released on their first five albums.

The following songs were given a GOLD certification by the RIAA (U.S) on December 13, 2012.

  • For Whom The Bell Tolls
  • Fade To Black
  • The Unforgiven
  • Master Of Puppets
  • Nothing Else Matters
  • One
  • Enter Sandman (was also given a Platinum certification for both digital and physical singles)
  • The Day That Never Comes
  • Until It Sleeps

Five albums are presented in the above list that ranges from 1983 to 2008.

We don’t need new laws to provide better protection for artist copyright. We need artists to create great tracks. We need laws that reduce copyright and puts the focus back on the Public Domain.

We don’t need to encourage internet service providers to make their customers do the right thing. We need to give customers a reason to buy.

If the customers have that reason, then they will buy.

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Music, My Stories, Stupidity, Treating Fans Like Shit

Bon Jovi – The “Because We Can” Tour will be renamed to “Because I Can”

The “Because We Can” tour needs to be remained to “Because I Can”. Based on the drop off rate of musicians, it looks like Jon Bon Jovi will be the last man standing.

It began with controversy and the absence of lead guitarist Richie Sambora. In my opnion, Richie Sambora is the reason why a lot of the metal and rock community enjoy Bon Jovi’s music. He gave the band some street cred, while Jon Bon Jovi went and played all his little games like “I want to be an actor” or “I want to be a football franchise owner” or “I want to be a politician”.

Isn’t it a huge coincidence that when Richie Sambora pulled out on the eve of the show, Jon Bon Jovi had a replacement for Sambora on the same day. By connecting the dots, Jon Bon Jovi knew this was coming. In the weeks after the departure, Jon stated that the show must go on and that he is not beholden to anyone. Of course, the angle that Jon put out there was that he cares about the people that work on the show and how those same people need to know that they are being taken care off by their employer and that they can put food on the table and make house payments.

Let’s look at the departure of Richie Sambora a bit more. On September 18, 2012, Richie Sambora released his third solo album, “Aftermath Of The Lowdown.”

At that time of the albums release, Richie Sambora stated that “What About Now” album was recorded before his solo album “Aftermath of the Lowdown” was completed. From reading interviews between September 2012 and February 2013, one would get the impression that Richie Sambora is a bit upset that he had to go out and promote another Bon Jovi album, while he also had a new album out. In other words, Richie felt that Jon Bon Jovi was killing off his solo record.

In order to appease Richie Sambora, it was decided that the new Bon Jovi album, “What About Now” will include a track from “Aftermath Of The Lowdown” as a bonus track on the deluxe edition. It looks like it wasn’t enough.

Fans then started to vent their frustration at the lack of information from all involved. The Bon Jovi shows kept on selling out in new markets, and shows in the common markets of Europe and North America kept on selling well with the hope that by the time the “Because We Can” tour rolled into town, Richie Sambora would be in tow. This didn’t happen and it took everyone by surprise, including Richie Sambora, who believed that he would have returned to the band by September the latest. The issue about money was banded about on various websites and with Jon Bon Jovi trying to get rid of his New York penthouse for $40 million since April 2013, the money angle theoretically holds true.

Then on September 10, 2013 Tico Torres undergoes emergency appendectomy surgery and the band POSTPONES their Mexico concert. Based on Jon’s assertion when Richie departed, the show must go on and that he is not beholden to anyone. However in this case Jon Bon Jovi was caught by surprise. To be fair, Jon Bon Jovi would have seen the departure of Richie Sambora rising on the wind, so he did have a back-up plan for that, however when Tico fell ill, there was no back-up plan and he had to cancel. However, this would have gotten Jon thinking about having a back-up plan for Tico Torres and Dave Bryan, just in case they all pull out.

So when Tico fell ill again, New Jersey native and Kings Of Suburbia drummer Rich Scannella was called to fill in until Tico is cleared to play.

Again the show goes on. With super large merchandise deals signed, Jon Bon Jovi cannot stop the tour. He might not be beholden to his band mates however he is beholden to the contracts. Merchandise deals become very expensive to the artist if they are broken or if the sales do not meet targets or if the promised shows are not delivered.

I have tickets to see Jon Bon Jovi live in Sydney. I cannot call the band Bon Jovi anymore, as it is not a band. The tour wraps up after the Australia shows. It will be interesting to see what Jon Bon Jovi plans to do next. In my view, he will still try to get every penny out of the Bon Jovi name, regardless of who his backing band is.

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