Category Archives: Treating Fans Like Shit

Music, My Stories, Stupidity, Treating Fans Like Shit

Booms And Busts

I don’t mind dabbling in the share market. And like everything in life, the share market is one of boom and busts. If you look at the share market booms and busts you can casually make a comparison to the recording industry booms and busts.

There are billions/trillions of dollars in the share economy while the recording industry is a billion dollar industry and when you add the rest of the industry that forms the music industry you see that music is worth a lot of money.

In share market investing, the usual story is that if someone has a great idea and makes some dough from it, then others will eventually find out about the idea and they will start to put money in, to get money out. So use this analogy for the music business.

When one-act becomes a success, the recording labels would go about and sign hundreds/thousands of acts that sound the same. The labels would also get their current roster of acts to produce music that is similar sounding to the “HOT” act. Three periods in metal music stick out.

From 1980 to 1983 it was the Judas Priest era for clone like acts. From 1983 to 1986 it was the Motley Crue era for clone like acts. From 1986 to 1989 it was the Bon Jovi, Whitesnake and Guns N Roses era for clone like acts.

What about streaming. From only a few streaming players in 2008  we know have a crowded market place. The early success of Spotify and Pandora leads to a monster called envy. This monster than leads others to want to get in on whatever else is in vogue. The latest to join the line of streaming services is the star-studded Tidal. Remember the last star-studded product launch in Neil Young’s PONO. Tidal is no different and the same fate awaits it because both services are about protecting the incomes of the better off artists and they have nothing to do about what the music fan wants.

If Tidal and Pono want people to pay for music again then their business model of putting music behind a pay wall is not the answer. As soon as you do that, P2P will increase again. Newspapers tried to put their content behind pay walls and guess what happened. People just went to websites who offered the content for free.

How do you think the Huffington Post became a large game player?

But as sure as night follows day, all booms come to an end, with a thud. The recording industry is not immune to it. In the share market investors turn to safe companies which pay a secured dividend. In music we turn to the acts that we know off. So those few companies/acts benefit a lot from our patronage.

Then, interest in the share market is renewed through mergers and acquisitions. Remember all of the mergers and acquisitions that have happened to the plethora of record labels over the past 20 odd years. The majors are down to just three.

Throughout it all, musicians still create and get on with their lives. You have the mega rich artist trying to stifle a genuine music business saviour in Spotify while in the meantime said artist is making way more money than any artist has in the history of music. You have wannabes complaining about digital payments. You have a public that 90% of the time cares about the stars and the artists who break through.

And then you have the middle of the road artists who are stuck in a world where the whole history of music is available to the fan and the music fan doesn’t have enough time to gravitate to them.

Sort of like Shadows Fall, Chimaira or God Forbid. All three bands came into my head space when an early 2000 issue of Guitar World was delivered to my mailbox that spoke about a New American Movement in Heavy Metal. So of course I had to check them out.

And all three bands are good. Each band has a definitive song. Being caught up in a cultural movement helped them out a little bit more than other bands however with all cultural movements only a select few end up rising to the top while the rest either fade away, dissolve or continue as middle of the road acts.

So you have bands like Lamb Of God and Slipknot moving into the Institution league. Killswitch Engage and All That Remains are two bands that come to mind immediately that are middle of the road acts.

Then you have Shadows Fall, Chimaira and God Forbid who decided to call it a day and move on. As guitarist Jon Donais (who is in Anthrax at this point in time) said in a recent Loudwire interview;

“Brian (Shadow’s Fall vocalist) was the first one to say, ‘I can’t go on tour anymore because it doesn’t make sense for me. I got kids and a wife’”. He needed to do something more stable because Shadows was always a crap shoot. We never knew what we’d come back [from a tour] with. We never became a headlining band. We were always a support act. I got so lucky. Shadows Fall was coming to an end and this opportunity with Anthrax came up. There just weren’t that many opportunities out there for Shadows Fall. It kind of fizzled out. People stopped caring, so we were all like, ‘Alright, what’s the point?’ We got along great and we loved writing music, but financially it was impossible to go on the road and come back with enough money, especially for the guys who have families. Two of the guys have kids. When you’re single you can go, “Alright, it’s just me on the line,” but when you’ve got a family, you gotta provide for them which means coming back with enough money so they can survive. The fun and games stop once you become a real adult.”

The fate that befell Shadows Fall, God Forbid or Chimaira is no different to the fate of many bands throughout the history of music. It is a cycle that keeps on repeating regardless the propaganda of the recording industry and the RIAA. It is a cycle of boom and busts.

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

Death, Money, Consistency and Originality

DEATH

AJ Pero died a few days ago. That iconic drum beat at the start of “We’re Not Gonna Take It” that was him. A.J Pero wasn’t the pretty boy in the band that is for sure. He was the street dog that could groove. Dee Snider might have grabbed all the fame but that doesn’t mean that A.J Pero wasn’t a star. If he didn’t roll, the Twisted machine didn’t rock. And man he was a perfect fit for Adrenaline Mob as well.

Remember that it is tough being in the music business. A.J Pero from what I know didn’t write not one song however he had a career that spanned 40 plus years. It’s because he didn’t get into music for the riches and the fame. He got into music because he loved it and he kept that love going for his whole career. He even died while on tour.

RIP.

And the piece d’resistance A.J. Pero song for me is “The Fire Still Burns” from the “Come Out And Play”.

MONEY

I really enjoyed Revolution Saints and when I looked at the song writing credits, it’s all Alessandro Del Vecchio. There is not ONE Doug Aldrich credit. Maybe the money incentive to do Revolution Saints from Sergio Perufino was too good compared to what Whitesnake had on offer.

Speaking of money, everyone reckons Metallica is losing it. Maybe its true and maybe it’s not. But what I do know is that in every business as soon as you forget about the tasks that bring in the bread and butter, two things begin to happen. Stagnation and bankruptcy. Leave the festivals to the promoters and leave the movies to Hollywood. Metallica’s bread and butter is music and it has been now 7 years since we had any new tunes from them.

Continuing with the money topic, the recording industry wants to rip apart Spotify’s freemium model.

Which is typical?

Instead of working with Spotify to make the premium option super enticing that fans of music feel the need to purchase a subscription, they want to make the premium option the freemium option and place restrictions on the freemium option. What’s even worse, studies are coming out showing that the spending on streaming music is outperforming CD sales. And in countries that adopted streaming much earlier than the U.S and Australia, streaming is even outperforming digital sales.

I had this debate with others. A lot of people would be happy to pay an annual subscription amount to listen to music of their favourite artists, provided that they KNOW that the money would be divided among those artists and not others.

This is typical of the recording business, trying to be paid multiple times for the same product. That is why all of the record labels had class action suits brought against them from artists. The label is applying the same vinyl math to digital music and the artists don’t like it.

CONSISTENCY

Getting people to pay attention just once is not enough. The ones that have a music career have done it over again and again and again. Quiet Riot got me hooked with “Metal Health” and then disappointed the fans with “Condition Critical”. Then they disappointed the fans even more with the one after “Condition Critical”. So guess what happened to them. They started a steep downhill slide.

Meanwhile, Motley Crue hooked people in with “Too Fast For Love” and then blew them away with “Shout At The Devil”.  Then, even though they kept on making albums, they became a video/singles band, with “Smokin In The Boys Room”, “Home Sweet Home”, “Girls, Girls, Girls” and “Wild Side” making decent inroads into our head spaces. There was still enough consistency there, that when “Dr Feelgood” came out, it blew us away.

Metallica was the same. “Kill Em All” was different and energetic however it was a tribute album to the NWOBHM. “Ride The Lightning” kept that energy and started to make it technical. “Master Of Puppets” refined the “Ride The Lightning” format and then “And Justice For All” took it to a whole new progressive technical thrash level. Then the paradigm shift happened and groove was back in with the self-titled “Black” album.

Currently, bands like Five Finger Death Punch, Volbeat, Avenged Sevenfold and Shinedown are showing that they are no one album/hit wonders. Machine Head was a bit inconsistent after “Burn My Eyes”, but since “Through The Ashes of Empires” they have been on song and in the process, Robb Flynn re-established the Machine Head brand.

ORIGINALITY

I am a great believer that original music is a sum of the creator’s influences. That craziness over a stupid Marvin Gaye song and his greedy heirs has reinforced my views.

For the last time YOU CANT COPY A FEEL OF THE SONG.

In other words, all music is derivative. The aim is to make it sound fresh. Look at the biggest albums or biggest songs of any bands career and you will hear similarities to other works.

Metallica’s piece d’resistance album amongst fans is “Master Of Puppets”.

We all know that “Welcome Home” is an amalgamation of songs from an obscure NWOBHM band and Rush. The format/flow of the album is based on “Ride The Lightning”. The songs are also constructed in the same way. Even their biggest selling album led off with a riff that was taken from another obscure skate punk metal band albeit this one being from California instead of England.

“The Unforgiven” had the same chords in the Chorus as the “Fade To Black” verses. “One” had an intro that was taken from “Fade To Black” and “Fade To Black” had an intro taken from “Goodbye Blue Sky” from Pink Floyd. And it goes on and on.

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Copyright, Derivative Works, Influenced, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

Living Under The Laws That Corporations Wrote And A Bit Of Metallica For Old Times Sake

“Alice In Wonderland” turned 150 years old recently and it is still in the public imagination.

Hell, it has been in the public domain since 1907 (42 years from when it was originally published) and that still hasn’t stopped the story from making money. By having the work in the public domain it has allowed other people to create derivative versions of the story and the characters. “Alice In Wonderland” is a perfect example of how adaptions of the original story has ensured that the story gets passed on to multiple generations.

So next time you hear of someone calling for longer copyright terms, tell them about “Alice In Wonderland”.  The incentive of a 42 year copyright monopoly was a sufficient motivator for Lewis Carroll (real name Charles Lutwidge Dodgson) to create more works.

Alice In Wonderland Article

Carroll didn’t need a copyright to last 70 to 90 years after his death as an incentive to write stories. Sort of like the heirs of Marvin Gaye. Seriously, what the hell have they contributed to the arts. Copyright was never about being a lifetime pension that carries over to the children or the next of kin. The rule is simply, if the artist passes away, their music falls into the public domain.

As much as I love Hendrix, I don’t agree with his relatives holding a copyright monopoly on his works.

However a lot of people (with a large corporation or corporations attached) stand to profit from long-term copyrights.

Anyone heard of Wu-Tang-Clans single album that has an 88 year copyright caveat. What this means is that the person who paid something like $5 million dollars for has to wait 88 years to hear it. This is what happens when music is turned into something that is not music. The fans that made the group popular are not able to hear it, because greedy people attached to the group want to profit from it.

For those that do read my posts, you will note that I have mentioned a lot of times that fans of artists are not purchasing music anymore. They are purchasing art packaged as a must have for collectors. I always use Machine Head’s “Killers and Kings” Record Store Day single release with four different covers. Yep, I purchased all four singles and guess what, they are still in the shrink-wrap.

So if you need anymore proof that sales of music is all about collectables then look no further than Metallica’s “No Life Til Leather” cassette release for Record Store Day.

You see, releasing music should never be about the new album only. Music was never designed to be about locking yourself away for a year or for months in a studio while you record your new master opus. Music was never designed to be about spending months and months on promotion and marketing. Music was never designed to give rise to large copyright monopolistic corporations. However that is where music has come to.

Because it is these large copyright monopolies that have lobbied hard for internet service providers (ISP’s) around the world to store and then hand out the personal information of their users to these greedy corporations.

All in the name of copyright infringement.

What the large copyright groups have done, via their cashed up lobby groups is bypass legal process. If an internet user has been falsely accused, well, too bad. The burden (and a costly one at that) to prove that you are innocent is on the user, as the way the anti-piracy laws are written, there are basically no consequences for a copyright monopoly business from making false accusations.

I guess this is what it means to live under the laws written by corporations.

 

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

Don’t You Just Love What Copyright Has Become?

Remember the original intention of Copyright was to promote learning. It was conceived that if creators of works would have a 14 year monopoly on their creations (with the option to renew for another 14 years provided they were still alive), they had enough incentives to create new works and when the copyright expired on their older works, they would fall into the public domain so that others can use and build on these older works.

200 plus years later, we have a lot of stupidity around in the name of Copyright.

A German based association called, Total Wipes Music Group is using Google’s anti-piracy system to censor everything it doesn’t like. Read the article and be amazed at how Copyright is abused. In order to stop the infringement on an album they own the copyright  for,  Total Wipes Music Group tried to censor a legitimate article on how to download anonymously. Since then, they have targeted legitimate articles from the Electronic Frontiers Foundation (EFF), AVG, Dropbox and Opera, just to name a few. And guess what, not one of those sites listed contained any infringing links or even mentioned the music that Total Wipes Music Group administers or holds the copyrights to. What Total Wipes attempted to do was to censor legitimate articles that provided users with information on downloading and anonymous VPN’s under the disguise of Copyright.

And the laughable thing is that the Group is now claiming that it was a bug in their automated takedown system. Well, I guess that bug just keeps on resurfacing each year.

Don’t you just love what copyright has become?

Then you have a powerful organisation like the MPAA trying to censor a website called Open Culture. Open Culture offers Public Domain movies however according to a takedown notice that the MPAA sent to Google, Open Culture’s list of 700 free public domain movies contains copyright infringing material.

Remember that Copyright’s intent was to promote learning and this was done by ensuring that each country has a rich public domain. Well it looks like in the U.S, the rich wealthy copyright monopolies want to control that as well and put those works back under Copyright protection.

Don’t you just love what copyright has become?

Remember the good old days when the copyright monopolies lobbied hard against radio, television, the introduction of blank cassette tapes and those advertisements that “Home Taping Is Killing the Music Business”, then blank CD’s, then mp3’s and piracy sites. They did that all in the name of the artist. That same artist that they exploited and signed to a deal that was stacked in the favour of the record label.

It’s pretty easy to read between the lines and see that the record labels and their lobby groups did all of this lobbying to protect their business models and to ensure that their copyright monopoly remains in place. And this leads to more lobby groups that want to have a say.

Now we have the Grammy Creators Alliance. On the face of it, they proclaim that they are backed by artists like Steven Tyler and their intention is to lobby Spotify, so that Spotify pays them fairly for their works. However, the organisation is run by agents and managers whose only interest is securing a big pay-day for themselves. Hell, these types of people don’t even create anything of value that people consume, however they now have a voice on copyright disputes because they have money behind them to give them that voice.

For the record Spotify does pay fairly to the Copyright Holders of the works. So maybe this new Alliance should lobby their record label to pay them fairly.

Don’t you just love what copyright has become?

And then on certain occasions you have some excellent innovation that happens when people don’t allow Copyright to influence their creations. iFlix is another torrent client that streams any magnet link in an instant. It’s easy to use, it’s available on Android and it uses material that has been infringed on.

It’s created by a Romanian software engineer. Romania is one of the poorer countries in the EU and it also has the highest rates of software piracy. And from all of this piracy, you wouldn’t believe what happened. It made Romania a powerhouse in software development. Romania now has the most techies in Europe. Google and Microsoft employ a lot of IT workers from Romania. All of this was made possible by infringing on the rights of others.

And going back to iFlix, the ecosystem all came about because the developer was hired to offer a service to parents to watch their kindergarten kids on their mobile.

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

The Great Copyright Hijack

Copyright in its first incarnation via the “Statute of Anne” and the “Copyright Act of 1790” stated that the objective of copyright was to “encourage learning” and this was to be achieved by securing authors the “sole right and liberty of printing, reprinting, publishing and vending” the copies of their “maps, charts, and books” for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.

So think about what the intent of Copyright was. It was to ENCOURAGE LEARNING.

So fast forward 200 plus years and Copyright has a very different meaning. The encourage learning part is gone, replaced by massive expansions of copyright terms.

Copyright law has also given birth to corporations who purchase copyrights from creators.

Copyright law has also given rise to collection societies and licensing societies.

Copyright law has made infringement a criminal offence.

Finally, copyright law has become a money-making scheme that only benefits the large corporations that have a copyright monopoly. It’s become worlds apart from its original intention.

For a lot of people copyright law relates to the fact that they shouldn’t download movies or music without paying for it.

But what people fail to understand is that copyright reaches into everything we do. Copyright now is NOT about encouraging learning, but about locking up learning.

Copryight law is all about censorship. You know the one I am talking about, when a company/person with some wealth, issues a takedown claim to another entity that is not so powerful/wealthy to remove content they don’t like.

I am sure by now everyone has probably heard about the YouTube video of a cat purring being taken down by a Copyright Claim from music publisher EMI and collecting society PRS for Music. This is silly for a whole lot of reasons. First, EMI and PRS for Music use automated take downs, so there is no human involvement. Second, YouTube’s Content ID algorithm is obviously flawed as it thinks that a cat purring links back to a recorded song. Third, the YouTube user has been punished for doing nothing wrong.

REDDIT REJECTS COPYRIGHT CLAIMS – this is when an entity fights back and actually investigates the claims made against it.  As mentioned above, corporations with money use automated take down systems and a lot of the sites that get hit with these take down requests comply without investigating the merits of the claim.

However Reddit doesn’t take the takedown requests as gospel. They actually investigate and determine if the takedown requests have merit. And WordPress, which hosts this blog is by far the best at handing and investigating take down requests.

COPYRIGHT CLAIMS OVERREACH – this is what happens when a powerful entity censors the speech of others. They look silly and they hurt their reputation.

Remember when Nuclear Blast via a Panama-based copyright troll called World Digital Rights went after people (maybe fans/maybe not) of metal band “All Shall Perish” back in 2012. Well the band wasn’t happy about their label going after people who could be “All Shall Perish” fans and guess what happened afterwards.

Vocalist Eddie Hermida departed to join Suicide Silence. Guitarist Ben Orum became a family man. Co-Guitarist Francesco Artusato was involved with another project called “Devil You Know”. Drummer Adam Pierce joined “Emmure” and at this point in time he is listed as Emmure’s drummer on their Facebook page and also listed as the “All Shall Perish” drummer on their Wikipedia page. That just left bassist Mike Tiner as the only member that didn’t have anything on.

The whole Metallica vs Napster focused on Copyright Infringement however what did that really mean. Metallica at the time already had a handsome deal in place where they would lease their shares in the songs copyright to a corporation for a nice upfront payment. Hell, Sammy Hagar paid for his divorce by putting three new songs on a Greatest Hits package and selling the copyrights of those new songs for a nice fee.

So going back to Metallica, who was really hurt when their music was infringed on. It definitely wasn’t Metallica. And if we had the original terms of 14 years, plus 14 years renewal “Kill Em All” and “Ride The Lightning” would now be Copyright free and in the Public Domain.

And that my friends is the great Copyright hijack.

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

Music Business Brewtality

Put all the myths aside and lets not carry the delusion on any longer.

The music scene is brutal.

Anyone heard the song “Chainsaw Charlie (Murders In The New Morgue)” from WASP.

For those that have heard the song you would know what I mean. For those that haven’t heard the song, Charlie is the President of show biz who feeds on the pop stardom dreams in wannabe artists by promising to make them a star. After those artists make Charlie millions, their careers are chopped up by Charlie and his Chainsaw and discarded to the morgue just for someone younger to take their place.

In other words the junkyard of broken rock n roll dreams is piled high with the souls of artists who didn’t meet the commercial milestones that the record labels were after.

And when an artist sees that all they are worth is just an income generating machine, they start to change. Some can’t handle it and they may end up dead. Others deliver albums that polarized their fan base. Others just play the game and keep on delivering the same album over and over again. And then there are others that deliver more ground breaking work.

We all know that in the pre-Internet era, signing with a label was the only choice an artist had if they wanted to have a career in the music industry and of course, like all great monopolies the labels exploited that power and position. And I use the “career” word loosely, because we should all know by now that the monies earned by 1% of the artists prop up the whole business which in turn means that a lot of artists never really had musical careers. Sure they rode on a wave and had some cash thrown at them, however once the wave crashed down, so did their so called careers.

But the internet was supposed to level the playing field and in a way it did, however what didn’t change was the need for artists to still require a record label to be heard above the noise. Of course there are a lot of artists that are DIY artists and are quite happy to be so. However they are competing with a shitload of other artists that are DIY and Label artists.

From October last year you had Sixx:A.M, Exodus, Slipknot, Sanctuary, Texas Hippie Coalition, Scar Symmetry, Devin Townsend, Sister Sin, At The Gates, Black Veil Brides, Cavalera Conspiracy, Machine Head, Pink Floyd, Foo Fighters, In This Moment, Nickelback, AC/DC, Angels And Airwaves, Smashing Pumpkins, Marilyn Manson, Papa Roach, Periphery, Blind Guardian, Lynch Mob, Alpha Tiger, Sweet and Lynch, Serious Black, Eclipse, Harem Scarem, Level 10, Crazy Lixx, Rated X, Allen/Lande, Vega, Dalton plus a plethora of re-issues, best offs and live releases. All of these releases are on labels.

Then you go onto Bandcamp and you start to see hundreds more being self-released.

Just in one day, February 4, 2015 there were over 40 new metal releases. Now think about all of the new music hitting the net in this fashion and that was just for the metal tag on bandcamp. So with so much new music out there, how can fans find an artist and if they do, how much time will these fans invest in the artist before new music from another artist comes their way.

And that is why the music business is brutal.

Brutality Number 1:

We all know about record label mistreatment and greed. Seen this study recently about streaming monies and how they are actually distributed from the streaming platform. Click on the link and find out who is keeping the majority of the money. Trust me there are no surprises there however the take away of the study is that it was commissioned by a Record Label association and they state that it is perfectly okay for the labels to keep the majority of the streaming money because of the costs they incur to record and  upload the actual music.

Brutality Number 2:

But the real brutality in the music business is finding and then keeping an audience and once that audience is found, it needs to be replenished year after year as original fans drop out, so new ones need to come on board.

The biggest killer of the Eighties bands like Dokken, Kingdom Come, Anthrax, Skid Row, Yngwie Malmsteen and many others that had platinum albums is that their fan base didn’t get replenished as quickly as it was dissipating.

Seen interviews recently of some of the above artists. They are confused and wondering what the hell happened to those million plus fans who purchased some of their Eighties LP’s. They assumed that just because they sold a million records they had a million fans. They cant compute that people might have purchased their record, listened to it once and then never played it again. They cant compute that people might have purchased their record, listened to it once and then hocked it to a second hand store. And seriously how accurate are those stats anyway.

Soundscan metrics came in around 1991 and at least these metrics are based on sales from shops. But the fact that a large part of my metal and rock collection is from second-hand shops, well those sales don’t even rate a mention as an official sale/fan. Dokken and Malmsteen are two artists that came into my life in this fashion. Hell, Twisted Sister, Metallica, Blind Guardian, WASP and Megadeth came to me via dubbed copies of their albums on cassettes. So how does that compute as a sale/fan.

How much money do you think I have invested in those bands afterwards in merch, ticket sales and recorded music purchases? Trust me a lot.

So that is why the music business is BRUTAL towards the artists as the artists who create the music are clueless and the labels are more so, because FANS don’t just come from sales of recorded music.

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

Copyright!! Whose Right Really Is It?

My Google Alert on Copyright has been in overdrive over the last three weeks over Copyright news items. While I was reading through some of the articles, a persistent theme was present throughout.

Who really owns the rights to songs when government granted monopolies have hijacked the very definition of what copyright is?

First off, we have an entity called Zenbu Magazines Inc. that has filed a whole suite of cases against Apple, Sony, Google and Rdio over their streaming services. The crux of the argument is the same as the Sirius XM Radio case, over pre-1972 recordings and the royalties attached to those recordings.

The cases filed by Zenbu Magazines Inc., states that all of the services mentioned have been making money off of pre-1972 music recordings without paying any royalties to the owners of the original recordings.

Let’s get one thing clear here first.

Zenbu owns the copyrights to a lot of the songs in question. Sometime ago they would have paid a fee to the artists in question so that they could hold the rights. One of the songs in questions is a song called “Sin City” by the band  The Flying Burrito Brothers. The song came out in 1969 on their album “The Gilded Palace of Sin”.

The song is written by Gram Parsons (who died in 1973) and Chris Hillman (who is born in 1944 and still alive today). Now the consensus for pre-1972 recordings was this;

  • The songwriters get paid from sales and public performances of the song.
  • The performers however get paid only from sales.

The issue today is if the performers of the song have a right to be paid for the public performance of those sound recordings.

So why is this such a big issue right now and not in the past.

The pre-1972 rule wasn’t an issue because terrestrial radio broadcasters are exempt from paying performance royalties on all sound recordings, no matter when they those sound recordings are made. The viewpoint held is that the recording artists would receive a lot of exposure from airplay and that exposure would then translate into sales.

But people are just not buying pieces of vinyl and plastic anymore to hear music that they like and what we have is a lot of financially challenged business models of these government granted monopolies.

What copyright has actually done in this case is give power to an entity that has NOT CREATED anything and with that power they are shaking down companies who provide a service to music consumers. This is a far cry from copyrights explicit purpose of granting the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.

And if anyone is thinking that the streaming companies should just pay up extra royalties to the performers of the songs of pre_1972 recordings (keeping in mind that the songwriters are getting paid), due to the mess of copyright regarding pre-1972 sound recordings, each streaming company would have to individually work out a deal with each copyright owner.

The streaming companies are all about scale. They are all about the MACRO so I don’t expect them to get all down and dirty and into the micro.

Then there is another case that went to the federal courts. This one is about a recent song from 1993 called “Whoomp! (There It Is)” and boy is this one is interesting.

In 1993, Cecil Glenn and Steven James wrote and produced the song. They also entered into an agreement with Bellmark Records. At the time, Alvertis Isbell was the president of Bellmark Records. Bellmark Records primary business model is all about owning sound recordings. However by 1997, Bellmark Records filed for bankruptcy and all of its assets were purchased by DM Records for a fee.

The copyrights of the songs owed by Bellmark Recordings would be assumed to be part of the assets purchased by DM Records. So of course, DM Records went on to monetize the copyright of the song “Whoomp”. Meanwhile, the masters of the song are owned by the writers of the song, Cecil Glenn and Steven James.

Sound confusing. It sure is. But read on.

To understand how fucked up this is, you need to go back to 1977, when Isbell Alvert formed his own music publishing company called Alvert Music. It is that company, Alvert Music that then filed a copyright infringement case against DM Records in 2002 (5 years after Bellmark Records went bankrupt) to have the courts declare that Alvert Music, not DM Records is the rightful owner of Bellmark Records assets and also the rightful owner of the composition copyright for “Whoomp”.

When the case went to trial, Isbell mentioned that the agreement he had with the songwriters of the songs transferred 50% of the songs copyright to Alvert Music. DM Records argued that Bellmark Records was the only assignee as the agreement was made between Bellmark Records and the songwriters.

And in December 2014, the Courts agreed that Alvertis Isbell owned the copyright and that DM Records was liable for copyright infringement.

So what assets did DM Records actually buy in 1997 for that $160,000 it gave to Bellmark Records?

Anyway in this instance we have the actual SONGWRITERS signing away a large percentage to another ENTITY. That entity goes bust, however the owner of that entity also owned another entity and he used that other entity to sue the new owner (which we will call the NEW ENTITY) for Copyright Infringement. It sure sounds like a lot of ENTITIES at play in lieu of creators.

So I looked up the meaning of copyright again in the dictionary.

the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

I would assume that the ORIGINATOR means the creator of the works.

Wikipedia has the following;

Copyright is a legal right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.

There is that word again.

CREATOR.

So what the hell happened to COPYRIGHT to allow people who didn’t create anything the right to shakedown and sue others. What the hell happened to COPYRIGHT when the courts decided who has the right.

 

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

Seriously… Ray Luzier

Isn’t it time that the argument stops being about what has been lost to what can be gained when it comes to copyright infringement/piracy.

Seriously I am disappointed from artists in the metal and rock genres that talk shit like this. It started with Lars Ulrich and Napster. It continued with Gene Simmons and Paul Stanley talking crap. Scott Ian got in on the act. Yngwie Malmsteen and Joe Lynn Turner also had their views and now we have Ray Luzier.

Lets play a little game.

Who can name a song that Ray Luzier wrote? Does anyone know who Ray Luzier is?

I am pretty sure that no one can name one song that he has written of the top of their heads. So why is he given time to make uninformed comments.

He ripped on a fan of Army Of Anyone because he turned up with a burnt CD of the “Army Of Anyone” album and asked it to be signed. Any artists that equates a fan listening to their music as a lost sale should not be in the music business at all. So Ray starts to have a go at the fan because he didn’t have ten bucks to spend on a CD. He accused him of stealing it.

Does Ray even know the definition of stealing?

It means to take (the property of another) without right or permission.

Music is not property, however the CD that the music is on is property. So Ray is accusing a fan of stealing his CD. But wait a second, the kid turned up with a blank CD, that had music copied on it from a friend. It wasn’t Ray’s actual CD and the music on the burnt CD had not been stolen, because the “Army Of Anyone” catalogue is available for purchase and for streaming everywhere. It still could be available in brick and mortar shops (depending if they have old copies lying around because I can’t see many people clamouring to order it)

So what is it Ray.

Stealing or Copyright infringement. And I am sure that Ray Luzier was an angel who never ever got a copy of another bands music on a cassette tape. He must have had so much disposable income in the Eighties that he purchased the originals all the time.

But this is his best quote. “Someone’s gotta do something — put a chip in there where you can’t duplicate it. You know what I mean?!”

So at first he is having a bitch at people infringing on the music he is involved with and now he also wants is to punish the real fans that purchase the CD by not allowing them to media shift it to their mp3 player.

I think that Ray should read up a bit on the Sony BMG Rootkit scandal first. Sony tried to be that someone who tried to do something. What they did was that when a music disc was inserted into a computer, it installed software illegally (and in the background without the user knowing) that ended up creating vulnerabilities in the computer operating system which was then exploited by malware.

This attempt of DRM by Sony led to public outcry, government investigations and class-action lawsuits. DVD manufacturers also tried this and guess what happened. A kid in a bedroom created a program to circumvent the DRM on DVD’s.

Does Ray even know that Amazon has an AutoRip feature. So when a person buys a CD from Amazon, they get an AutoRip of it from download. Does Ray even know that all Pledge Music campaigns perks come with a digital copy of the album.

Seriously dude, I have the “KXM” CD because I am a George Lynch fan. I haven’t played it again after giving it around 20 plus spins. I have listened to the “Army Of Anyone” CD. I got a ripped copy as well from a friend who is a die-hard Stone Temple Pilots fan. It became a coffee coaster after the initial listen.

But Ray seems to fail to see that people still buy albums that they like, along with streaming albums that they like.

Five Finger Death Punch at the moment have combined sales of over 800,000 copies in the US of their “Wrong Side Of Heaven/Righteous Side Of Hell” releases. At the rate they are going, each album will be certified Gold in the U.S. All of their previous albums have been certified Gold in the U.S and again, they are still selling so expect them to pass Platinum in the years to come.

Shinedown, Avenged Sevenfold and Volbeat are bands that are also selling albums week in/week out.

All of the above bands have double-digit numbers on Spotify plus sold out shows at the box office.

So I think its time that the misinformed musicians stop ripping on their fans and start connecting with them. We are the ones that sustain you and if you choose to not be in music anymore because someone is downloading your music, then be gone because you are in the game for the wrong reasons.

Another will come and take your place that doesn’t think of money, because money was always a by-product of the music. It never was THE PRODUCT.

ONE FINAL NOTE: A local retailer in Australia called JB HI-FI is having a deal going on that is marketed as 3 for $10. I was in there on Friday to buy a Halo game for my kids and I thought I would spend 5 minutes to go through the various boxes to see if there was anything that I liked.

I found “Megadeth – Ruse In Peace Live” on Blu-Ray, “Megadeth – Countdown To Extinction Deluxe 20th Anniversary Boxed CD” ( I already own the 92 release CD along with the 2004 remastered/remixed edition bonus tracks edition, so this is the third time I have purchased this album) and a band that I have heard of in name only called “The Red Jumpsuit Apparatus” just so I could round out the $10 deal.

Today I went to another JB Hi-Fi store about 30 minutes away and they didn’t have those albums as part of their deal. And I was curious as to why. So I found them in the metal section and I took note of the prices.

MEGADETH – Rust In Peace (BluRay) was selling for $27.99

MEGADETH – Countdown To Extinction (20th Anniversary Edition) was selling for $28.99.

THE RED JUMPSUIT APPARATUS – Lonely Road was selling for $18.99

Now for the math. I picked up all three for $10 at one store, however 30 minutes away in another store if I wanted to pick up those three albums I would have had to pay $75.97.

ONE FINAL NOTE II: Today I picked up a “Rush Greatest Hits CD”, “Killers – Battleborn” and Guns N Roses – “Chinese Democracy.” The Gunners purchase was purely to add to the CD collection so that Gunners discography looks complete.

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

Random Thoughts

The Grammy nominations are out and as usual the metal category reads like a comedy. Why even bother, no one cares. The Grammy’s are as relevant as the sales metric. Maybe next year they will be renamed into the Streammy’s and some magic formula will be used to find nominations.

What is it about people or organisations sense of entitlement these days?

Consumers of music are finally given a choice (legally and illegally) on how to consume their music and all the middlemen come out screaming for the Governments or the courts to write new laws or set precedents that protect their business models. In the current case, you have the publishers BMG Rights Management and Round Hill Music via copyright troll “Rightscorp” using a 1998 law to compel ISPs to support its pre-internet business model. These organisations think that shaking down people is the way forward.

Sort of like Billboard. Seriously, what kind of fucked up maths goes into their charts. Hello, look at everything that is successful and you will see one common theme. They all kept it SIMPLE. Steve Jobs knew it. Daniel Ek knows it. Sean Fanning knows it. Mark Zuckerberg knows it. However, the people at Billboard have no idea. Someone, decided that 1,500 streams of any song equals an album sale. WTF. How does the stream count of any song reflect the influence (if any) of an album?

It’s good that Billboard is focusing on what people are listening to however it is bad that they are trying to recreate that listening metric to show a fake album purchase. Buying an album does not mean one listens to it, oftentimes people only listen to the hit. Report that.

The charts are there to purely satisfy the recording industry. It was never about the consumer. The recording industry and their press outlets all want to “high-five” each other on the number ones. And then what. 99% of the classic albums never got to Number 1. “Back In Black” from AC/DC never reached Number 1 in the U.S. “Led Zeppelin IV” never got to Number 1 in the U.S. “Master Of Puppets” from Metallica never reached Number 1.

I get it. Change is inevitable. For all the talk about monies, and what are those “poor start-up independent bands going to do” in the current free music industry it’s funny to see that more indie/self-funded music is being made now than ever before. Do you think the new breed of musicians are sad because recording studios or CD plants have closed?

Of course not.

While the recording industry promotes what it has lost, it fails to see what fans of music have gained. And by those fans gaining , the recording industry gains.

In Australia, the Government posted all of the individual submissions to the Australian Government’s Piracy Discussion Paper online and one of them caught my attention.

“I have spent a lot of time and money on my song to be mastered and distributed through CDBABY and iTunes. In the last 4 months since my song was released there has been over 30,000 hits on Utube [sic] where someone has uploaded it. To make matters worst [sic] there is only about $80 in the bank from the sales. Can someone tell me how to stop this.”

The first thing that comes out of that rant is how misinformed the “musician” is.

First, if someone put the song up on YouTube, then they are obviously a fan. Connect with them.

Second, YouTube’s has a Content ID system. There are players out there that can assist with this. Find them.

Third, 30,000 views on YouTube means an audience. Surely that is a good thing. What steps are in place to mobilise and grow that audience?

Fourth, without YouTube, how would that artist reach 30,000 people. Of course that would be via a record label. Which means gatekeepers and the chance of not being signed.

Final point, no one is rushing out to buy CD’s again or mp3’s.

Another that got my attention was the following;

“I am a writer so I want copyright to be protected to protect my livelihood.”

It’s hard to believe that people are in an industry without fully understanding why Copyright came into being. In a nutshell, Copyright was always about promoting the progress of society by returning works into the public domain once their copyright expired. Once upon a time, it did and it worked brilliantly and now (since about the Seventies), not so much as Copyright got twisted into what it is now.

Copyright was never about having people’s livelihoods depending on it.

Also there is no evidence that stopping copyright infringement leads to more purchases of music, movies or books.

After reading through a bit more of the submissions, I was dismayed at some of the words used like STEALING and THEFT.

It’s COPYRIGHT INFRINGEMENT.

No one has stolen nothing. iTunes still has the song for sale, Spotify still has the song for streaming, YouTube has multiple copies of the song for viewing. Amazon still has the book for sale in both hardcover and e-book format.

What the people have done is COPY the work.

It’s not that hard to understand, however people need to do the research to educate themselves.

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

Educate Yourself

It’s the same old debate. An artist puts their “heart and soul” or their “blood, sweat and tears” into a body of work only to see it end up on p2p sites, on YouTube unlicensed or just plainly ignored.

First thing first.

No artist is guaranteed to make any money from recorded music. This was the rule of thumb 50 years ago and it still is now. Once upon a time the record labels invested in an artist only after the artist invested in themselves and got a decent following/buzz happening. Today, the artists are investing in themselves and the record labels are sitting in the wings, watching and waiting for what they think is the sure bet.

So what you have is a lot of artists on independent labels or their own labels self-funding their recordings and press, without recognition. And they don’t like it. The thought that maybe they are just not good enough doesn’t even come into their thought process. Sort of like the stars of the past complaining that piracy killed the recording business. My answer to all of that was, no, piracy didn’t kill the recording business. The recording business like all great empires committed its own downfall. Since the price offered by record labels didn’t correspond with the value that consumers have for the music, the record labels were seen as an irrelevant part of the music industry. The adoption of the Internet and newer technologies lowered the value of music and consumers were willing to pay even less for music or in a lot of cases nothing at all.

Which leads me to Spotify.

On the one hand, we have Spotify users who are happy with the service and on the other hand we have content creators who are complaining about it.

And the story that has been doing the rounds for a while is that Spotify rips off artists.

NO, P2P rips off artists.

Take away Spotify or YouTube and then what does the artist have?

If they think that sales of recorded music would start to happen again, then they are mistaken. Napster got shut down and sales of recorded music still continued to decline. Spotify by the way pays more to the artist than YouTube does however it’s funny how people trump up high YouTube counts as a marketing coup, while a high Spotify stream count is seen as “I had a billion plays on Spotify and I only made X amount of dollars”.

Spotify pays, while P2P does not pay at all.

Sure, sales still continue, but for how long. Each year the sale numbers show a decline. Each year the numbers show an increase in streaming revenue. MP3 sellers are dying. In Australia, BigPond music is gone and iTunes is bleeding around the world. In some European markets, monies earned from streaming have overtaken monies earned from mp3 sales.

And yes the labels in the U.S do own a share of Spotify, however that income comes from the 30% that Spotify keeps from the artist royalty payments. It’s not a bad deal at all if you are a record label. They get a percentage cut of the 30% cut that Spotify gets and when Spotify pays them the other 70% as royalty payments, it looks like they more or less keep that as well. All this power that the record labels have amassed is due to the artists. The artists created the works and sold their copyrights for next to nothing, because at the time they sign a contract, no one has any idea how big a song could be.  The great rip off record label freight train just keeps on rolling on.

The truth is all artists need to be informed. Don’t take the spoon fed information as gospel. Do your own research. You’re responsible for educating yourself, all the info is online. There is no excuses these days.

And if you put the content behind a paywall, well just look at the newspapers to see how that turned out.

Streaming is here to stay.

Revenues will go up if the pot is increased however every artist needs to be aware that the barrier to entry is so low that artists today are competing with many more competitors plus they are also competing with the complete history of recorded music.

And we the fans are overwhelmed that we do the only thing we know, which is tune out and listen to the classics that we grew up with.

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