Derivative Works, Influenced, Music, My Stories, Piracy

Jake E. Lee

A lot of people don’t know who Jake E Lee is. Do a survey and you will see. US sales for week ending February 5, 2014 had Red Dragon Cartel listed with 5,300 sold. Put those 5,300 people down as the hard-core fans. The niche. Now what. What is the next step for the album? It didn’t show up on any of the sales charts the following week.

In my view, sales of recorded music is not a true measure of success anyway. People still cling to it because they do not know how to do anything else. To use an example from the indie scene, Lorde was a streaming star before she became a sales star and the darling of the PR run mainstream media. Spotify broke Lorde.

I quickly previewed the new album on Spotify. I gave each song 1 minute, just to get a feel for it. Then I went back to Jake E Lee’s recording history just to re-visit what he has accomplished and get a feel for it. And then I went back to the Red Dragon Cartel album and gave it multiple listens.

It is a good listen, however there isn’t really a song on the Red Dragon Cartel album that can market the album. This is a problem in a world that only has time for the best. When Jake E Lee joined Ozzy, “Bark At The Moon” marketed the album, while “Shot In The Dark” marketed “The Ultimate Sin” album. When Badlands released their self titled debut, “High Wire” was the song that marketed the album, while “The Last Time” marketed “Voodoo Highway”.

“Bark At The Moon” was the first piece of music that fans of heavy metal heard from Ozzy Osbourne after the death of Randy Rhoads. And what an opening riff. The same riff that if you look at the albums credits is supposedly written by Ozzy Osbourne with one finger on the piano. The lyrics are written by Bob Daisley. Ozzy’s contribution is the title and the vocal melodies.

So it is fitting that the opening track “Decieved” from Red Dragon Cartel has a riff, very similar in style and structure. So it is fitting that the vocal melodies are styled from the Ozzy Osbourne vocal phrasing book. I have no issue with artists referencing the past.

“Shout It Out” sounds like it belongs on a Saliva album. Not that it’s a bad thing, it just wasn’t what I was expecting from Jake E Lee. “War Machine” sounded like a joke to me, however it does fall into the “progress is derivative” theme. The “War Pigs” intro then moves over into “N.I.B”

“Fall From The Sky” has a solo that is very reminiscent to the “You’re No Different” outro solo from Jake’s Ozzy’s days and “Redeem Me” captures the Badlands vibe.

Unfortunately, the Robin Zander (Feeder), Maria Brink (Big Mouth) and Paul DiAnno (Wasted) vocal songs just don’t resonate.

If there is a song to comes close to being “the song”, well that honour goes to “Slave”. It has the best of Jake E Lee. Metallic riffing, fast single note picking, tritone melodic infusions and it encompasses what Jake E Lee is all about. However, behind every great guitarist there needs to be a great singer. In this case, Jake has a decent singer and in today’s cut throat music, decent doesn’t cut it. We only have time for great. If the band decides to release more music, the decent voice needs to be great.

Regardless it is great to see Jake E Lee back in a band setting. Welcome back.

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

Entertainment Industries Innovation V4.0 – When Will “Smoke On The Water” enter the Public Domain?

As a fan of music and the public domain it’s hard to understand why longer copyright durations are requested from the Corporations that control/hold the majority of copyrights. The majority of the music that I like was under copyright when I was born and by the time I die, it will still be under copyright. So how is that benefiting the creator in creating more works (who will be long gone) and the public who are meant to build off previous works because that is how culture thrives.

Remember, copyright was designed to give the creator a monopoly on their works for a certain period of time so that the creator can monetize their work, which in turn provides an incentive to create further works.

So without really realising it, we (the public) have a copyright law that more or less lasts a lifetime.

Let’s use “Smoke On The Water” as an example. It was released in 1972. Copyright on the work is meant to last the lifetime of the songwriters plus 70 years. The male life expectancy is 80 years. The songwriters listed for “Smoke On The Water” are Richie Blackmore, Ian Gillan, Ian Paice, Roger Glover and Jon Lord (RIP).

Let’s start with Jon Lord. Due to his death in 2012, his copyright in the song will expire in 2082. However the song will still remain under copyright due to the later deaths of the other members.

Let’s assume that all of the members live to the life expectancy age of 80 years old. That would mean Richie Blackmore, Ian Gillan and Roger Glover would have an end date of 2025. Add another 70 years to that and the copyright that they hold in the song would expire in 2095. However at this point in time the song is still under copyright.

Ian Paice is born in 1948, therefore his life expectancy end date would be 2028. Add another seventy years to that and the copyright monopoly held by the corporations on “Smoke On The Water” will finally expire in 2098, 126 years after the song was released. That is when, the public (provided that no more retroactive extensions are added) are allowed to use the song to build other works and derivative versions.

So the next time a copyright maximalist insists that copyright has an expiry date, tell them they are full of it. Copyright in reality has no expiry date during our life time. Remember in the US, the “Copyright Term Extension Act” extended the copyright of old works that should have been in the Public Domain to 2019.

And guess what the copyright corporations are gearing up for?

Yep, you guessed it. They are gearing up for another secret lobby/bribery effort to extend it. Using PIRACY as their weapon of choice, the lobby groups are pushing hard for the Government to step in and protect their business models.

Maybe they should focus on paying their artists accurately and properly. A story over at Hollywood Reporter, mentions about how Sony Music Entertainment is getting sued by the music company “Thursday by 19 Recordings” for royalties not paid, to the tune of $10 million. The interesting part of the case is how the record labels treat streaming payments.

The lawsuit is making the claim that streaming payments to the artists need to be classified as licensed works and not as sold works. The difference between royalty payments for licensed works and sold works is huge.

On what about this for a piece of innovation from the entertainment industries. Poor old LeaseWeb, the web hosting provider. One if it’s clients was Megaupload.com. As we all know, Megaupload was taken down in an Osama Bin Laden style raid in a classic example of overreach by the entertainment industries. The law enforcement bodies took action on this case based on evidence provided/lobbied by the Entertainment Industries namely the MPAA. Anyway, fast forward to 2014 and LeaseWeb is now being sued for allowing the hosting of websites that infringed on copyrights. While we are at it, let’s sue the car manufacturers for allowing us to infringe on the speed limits.

In Australia, the Attorney General, George Brandis wants the ISP’s to outlay money and carry the burden of protecting the business models of the entertainment industries. How about the entertainment industries releasing content on time and at a reasonable price. Graduated response schemes haven’t worked in France, the US and New Zealand, so let’s keep on pushing for them.

And to make this story even more interesting, the lobby group that is pushing for this three strikes rule has donated close to AU$4 million to the Liberal and Labor parties since 1998.

The Australian Screen Association (ASA), formerly known as the Australian Federation Against Copyright Theft (AFACT) who is well-known for the triple knockdown they received from iiNet in the courts. So of course, since the 2012 ruling, ASA has lobbied the government hard for a graduated response scheme. ZDNet did a great piece on this around the donations.

Keeping with the Australia theme, I just finished reading a story over at News.com.au about how Foxtel (the ONLY Pay TV provider in Australia) is planning on taking on the people who pirate “Game of Thrones” with a new cut-price plan. Before we get into the new cut price plan, it’s important to set the scenario.

Foxtel holds the exclusive rights to the “Game of Thrones” season 4 run in Australia. This means that the only legal way to watch the fourth series of “Game Of Thrones” in Australia is to pay for a subscription. Nice innovation.

Obviously this is an unpopular choice. No one wants to take out an expensive Pay TV subscription just for a TV show that has a 10 week run. Foxtel has another package called Foxtel Play, which is pay TV over the internet.

So Foxtel is saying to people, hey, if you have a Foxtel Play account, which costs $25 a month for a package based on a genre and of course the movie genre/Showtime is not included in that package, however if you chuck in another $35 over three months, you can watch “Game Of Thrones” legally.

So in reality, that three month run is going to cost a fan of the show, $110 to watch Game of Thrones legally in Australia. That is $75 (from the $25 a month for a Foxtel Play package that will still continue after the shows run is over) plus the $35 for the Showtime channel.

Yep, that is typical innovation from the entertainment industries.

Or how about the comments from John Landgraf, CEO of FX Network and Rick Cotton, Senior Counsellor of IP protection at NBC Universal.

“The legal copy of a property that’s been placed online can then be pirated.”

Yep, much the same way a legal DVD and Blu-Ray can be copied. Much the same way a legal airing of the TV show can be copied. Much the same way a legal VHS cassette could be copied.

Yep, sounds like typical innovation from the entertainment industries to me. I also like the part how they are trumping up the stats that piracy websites make a whopping $4.4 million annually on ads. If that is the case, then why don’t the entertainment industries offer the same service as the piracy websites do and make that same money. That is one way to compete with free. The reason why they don’t do it, is that the licensing deals they have around the world is worth way more. A lot more.

The audience for entertainment products has changed. Napster changed everything. That happened almost 15 years ago. So why haven’t the entertainment industries given the audience what Napster did 15 years ago.

http://m.theaustralian.com.au/business/latest/brandis-mooted-piracy-crackdown-riles-up-isps/story-e6frg90f-1226831754567

http://www.news.com.au/entertainment/tv/game-on-foxtel-takes-on-game-of-thrones-pirates-with-new-cutprice-plan/story-e6frfmyi-1226835839975

http://www.zdnet.com/au/lobby-pushing-for-australian-piracy-crackdown-donates-millions-7000026421/

http://variety.com/2014/digital/news/nbc-universal-fx-chiefs-call-for-increased-anti-piracy-measures-1201111186/

http://www.vcpost.com/articles/21728/20140219/digital-citizens-alliance-report-shows-piracy-websites-also-make-a-whopping-4-4m-annually-on-ads.htm

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A to Z of Making It, Music, My Stories, Unsung Heroes

The Rock Dream Was Never About The Money

Bob Daisley wrote that we are all going off the rails on a crazy train. And that train to the afterlife seems to be departing a lot these days.

People like Tommy Bolin, Paul Kossof, Steve Clark, Phil Lynott, Kevin DuBrow, Robin Crosby, Jani Lane, Brad Delp and Paul Gray never even made it to the station.

Along the way we lost Randy Rhoads in a plane accident, Dimebag Darrel in a tragedy, The Rev in a prescription accident, Ray Gillen to disease, Gary Moore to a heart attack, Jeff Hanneman to liver failure, Chuck Schuldiner to Giloma and Ronnie James Dio, Jon Lord, Phil Kennemore and Randy Castillo to cancer.

Criss Oliva, Marc Bolan, Steve Lee and Mitch Lucker all died in vehicle or motorbike accidents.

If our heroes are not taken young, they end up dying from illness and old age. So when the angel of death spreads its wings, even all the money in the world cannot buy more time. That is why it is important that musicians keep pushing the limits of what is acceptable while they are alive.

It used to be that way once upon a time, however then the record label CEO’s got rich and started to fly private, the musicians that made that happened wanted to be just like them. And that is the problem we have today in the music industry.

Everything that I thought was so important is more or less gone.

The rock dream doesn’t exist if you want to have a family. If you want to have a long term relationship, with kids to the same partner and still live your rock n roll dream, good luck. It aint going to happen. Sacrifices need to be made. And if you are unwilling to make the sacrifice, trust me, your partner will.

The days of rocking all night and partying every day are gone, replaced by social media/gaming/surfing all night and going to work every day. The sound of a stereo is now captured in expensive headphones.

The days of becoming the legends of the local scene first and then the world are gone. If a band/act is doing great in a city, the whole world will know about it.

It’s not a rockers world anymore. The new rockers are the technologists. They are the ones that everyone is listening too. Did you know that Jake E Lee has a new band called Red Dragon Cartel and that they just released a new album?

Once upon a time the guitar heroes mattered. They broke ground in songwriting, technique, sound and guitar making, inspiring us by demonstrating simplicity in complexity. They didn’t know from were they where coming. Now they think about where they are going to. Nothing is started unless an offer is on the table.

And that is what a lot of the new breed of young bands are taking on board, thinking that selling out to corporations in order to get rich is the means to a career. Even Nikki Sixx mentioned that if Motley Crue are to release new music, it will be via a sponsorship agreement with a corporation.

I remember when a record could bring about change. When “Shout At The Devil” broke, every band dressed up in leather and studs. When “Slippery When Wet” broke out, all the bands went to pop metal. When “Appetite For Destruction” broke out, bands moved to a more blues based sound. When Metallica broke out twice, bands moved to a faster dirtier sound and then moved to a big heavy groove orientated sound.

In 2013, Avenged Sevenfold, Five Finger Death Punch and Volbeat had big releases. And to all those musicians who state that releasing new music is not worth it anymore, tell that to the three bands just mentioned. All of them are still selling today, months after their releases.

The rock dream was never about the money. It was about a lifestyle.

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A to Z of Making It, Copyright, Music, My Stories

Lessons To Learn From Don Henley: How many hard rock and heavy metal bands are seeking to reclaim their recordings?

When it comes to music, I am still catching up. In the last few days, I have revisited Don Henley and Doobie Brothers.

As I was listening to Don Henley I started to jot down the songs that I liked. By the time I got to his 2009, “The Very Best of”, the list was almost identical to what was on the Best of album. After hearing the songs over and over again, I still don’t like “All She Wants To Do Is Dance”, “Sunset Grill”, “For My Wedding”, “Everything Is Different Now” and “Taking You Home”. They just don’t resonate.

Basically, Don Henley’s solo output to me as a casual fan of his music is a perfect example of some good songs and the rest as filler. I know that all the Don Henley fans will lynch me for saying it. But that is the truth to the casual fan.

From the first album, “I Can’t Stand Still” released in 1982, the standout songs to me are the title track “I Can’t Stand Still” and “Dirty Laundry”.

The themes in “Dirty Laundry” are still relevant today. Back in 1982, Henley displayed his disgust with the media and tabloid news. Today, people are airing their dirty laundry on Facebook, Twitter and other forums.

From the second album, “Building The Perfect Beast” released in 1984, the standout songs are “The Boys Of Summer”, “Not Enough Love In The World” and “Land Of The Living”.

What can I say, “The Boys Of Summer” was huge. It gave Don Henley a four-year victory lap (plus he served notice to Geffen Records that he will be reclaiming the recording of this song in 2019), because the third album, “The End Of The Innocence” didn’t come out until 1989. The standout songs are “The End Of The Innocence”, “New York Minute”, “The Last Worthless Evening” and the closer “The Heart Of The Matter”. The other songs don’t matter. It is these four songs that matter.

Bob Lefsetz said that to appreciate and to really get “The Heart Of The Matter” you need to have lived. You need to have played the game of love, lost and picked yourself up again. And he is right. While all of the kids make top 10 lists of what’s cool, classic songs like “The Heart Of The Matter” get lost.

“Actual Miles: Henley’s Greatest Hits” came in 1995. And I actually liked all of the three new songs. “The Garden of Allah”, “You Don’t Know Me At All”, and Henley’s cover of “Everybody Knows”.

“Inside Job” came in 2000. It was 11 years since his last solo album and on a different label. Geffen was gone and Warner Bros was in. This is the album that had better songs and since it was 11 years between solo albums, Henley had some time to perfect them.

My favourites are “Nobody Else In The World But You”, “Everything Is Different Now”, “Workin It”, “Goodbye To A River”, “Inside Job” and “My Thanksgiving.”

In between solo albums, Henley has been busy with the Eagles, Geffen contract issues, Copyright issues against Record Labels, termination rights on songs and the Eagles again.

That is why Don Henley is important. He knows his rights. While people criticise musicians who turn into business people, it was inevitable that musicians will end up taking the business path. The great record label rip off/exploitation caused it. It is just unfortunate that a lot of the musicians that didn’t achieve world-wide domination still don’t realise their rights on songs that they made famous. Not a lot of hard rock and heavy metal bands are serving notice to their record label to reclaim songs they had written 35 years ago.

While I don’t agree on everything Henley does, like sending a cease and desist letter to an independent band or trying to get a remix law taken off the radar, the bottom line is this, he is a musician that looks out for his own interests. And that is why we loved our heroes.

Remember the creed from the past.

Artists were always reinventing themselves and taking risks.

In relation to music, sometimes the audience went with it and other times they didn’t. Risk isn’t always negative. Positive outcomes can come from risk.

However it seems to be that a lot of artists are playing it safe. Don Henley on the other hand is still taking risks. Not so much musically, but politically.

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Music

Port Kembla

The Port Kembla Stack came down today. 200 metres of brick, steel and concrete.

I grew up in Port Kembla. My parents still live there. I attended the old Primary School, right underneath the Stack. Back then, we didn’t understand why we had to go indoors on certain days. As kids, we wanted to play outside during lunch time, however the teachers used to pull all the windows shut, turn the fans on inside the room and that was that.

It was only when I got older did I understand the implications of what the teachers did.

I also remember my dad putting in a claim for fallout damage to our house. The assessors came out and declined the claim. My father’s English wasn’t the best and the assessors exploited that weakness, so it was over to me to fight the good fight. All it took was one phone call, and one sentence;

“How can you deny my father’s claim for fallout damage, when you have approved the neighbours on the left of our house, on the right of our house, behind our house and across the street. Looks like the toxic cloud must have just missed our place”.

They put me on hold for about 5 minutes and then when they came back on the line, they replied approved.

“When a page turns, it turns fast.”

I saw that quote on a Bob Lefsetz post, that was attributed to Jerry Weintraub in the May issue of “Vanity Fair.” And finally that page has turned for Port Kembla. It took a while for the page to turn, but once it turned, it turned fast.

And with everything in my life, my thoughts turned to music and how songs about tearing down walls lead to new paths, new futures and new hope.

Let’s hope that the tearing down of the Port Kembla Stack is the start of a new path for my beautiful town.

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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Music, My Stories, Piracy, Stupidity

Sharing Music via Word Of Mouth

I got a 8GB USB stick of music given to me recently by a musician friend who told me that I need to check out the bands on the stick. When I was growing up we used to these kinds of trades on cassettes. Back then we had an hours or hour and a half worth of music. Today 8 gigs worth of music is about 270 songs at 320kbps. Yep, that is how it is done today. People have no respect for copyright law and why should they. For all of us, copyright is present on songs that we like from when we are born and it looks like it will still be in place on the same songs when we die. Is that a law that should be respected?

So I am listening to a few of the bands. “Dirty Passion”, “Degreed”, “Riverside”, “Denial Method” and “Devilicious”. Yeah I know, I caught the same trend as you, most of them start with the letter D.

Anyway, I am trying to put my head space into the same head space as the guys in the band. They obviously want to be in music. They want to be in a band, so they form a band. They write some music, play some shows and spend a lot of time and money to record an album.

THEN WHAT.

What is the plan after that?

Do they wait for all the reviews to talk it up and hope that someone from a label is going to pick it up and promote the hell of it?

Do they promote it via social media and hope that people will buy it, because that is what people needed to do back in the Nineties to get music. Yep, we needed to pay for it, and a high price at that.

However, the same fans don’t want to pay for it today. Okay, let me rephrase that. Fans of music will only pay for what they want to pay for. The bands they like, the songs they like will still get supported. It could be via an iTunes purchase, via an Amazon purchase, via YouTube views, via Spotify streams, via concert attendances and so forth.

So any new band starting out needs to face two hard realities;

1. People will pay for what they want to pay for

2. Getting your message/name out is still hard.

Bands/Acts don’t realise that going viral or hitting the top is all based on the music. The whole marketing shenanigans comes after. Bands need to start with a great tune.

Producer and manager, Marty Thau just passed away and in a 2009 interview, he spoke about what he looks for in artists.

“I’ve always believed there is a fine line between abstract and pure accessibility and that is what I’ve always looked for. An artist who can be abstract and conventional at the same time and, most importantly, reach people. That’s the magic we all seek. It’s called originality … and, of course, it’s still about songs. That’s the starting point.”

For example, I like Machine Head. I like the tarot idea of the four different covers they will be utilising for their Record Store Day contribution. The marketing and the hype behind the release is top-notch. Now if the song “Killers and Kings” is a dud, it’s not going to bode well. The songs are the starting point for everything.

In relation to the vinyl revolution, stats from Billboard.com show that vinyl sales are growing each quarter. In the end the percentages they are talking about is small change in the sea of billions. It’s a hobby thing. I will be purchasing the four editions of “Killers and Kings” purely as collector items. I won’t even play them.

The thing is vinyl never went away. During the Nineties when everyone went to CD’s, it was the Second Hand store that exploded. Any store that stocked vinyls, would be busy as hell. That is when I picked up, 700 plus vinyl records. Between the years of 1992 and 2002, i more or less purchased the whole seventies and the eighties. All for a price less than $5. I even picked up “Quiet Riot II” with “Randy Rhoads” for $10.

During that time, the press and the recording business ignored vinyl, however in 2014 they trump it up. Isn’t that typical.

I digress. Going back to the post, just because a band or an act does make it, it doesn’t mean that the whole world wants to listen to it or own it. It all comes down to time, which a lot of people don’t seem to have. So people will only revert to music that they want.

The reason why pop music thrives is that the audience shares it. From my own experiences, metal and rock fans are very divided. There is an elitism running through the ranks. Because of that elitism, you don’t get that same sharing experience. When I say sharing, I am talking about the sharing of links to the songs, like Spotify sharing or YouTube sharing.

So what about the bands I listened to.

Dirty Passion – Into Wonderland
Released in 2012

They are from Sweden. “In Wonderland” is their second album. The band formed in 2007. Facebook shows 13,000 likes.

So how is it?

It’s melodic rock with a Guns N Roses “Appetite For Destruction” type swagger merged with some Skid Row attitude. The vocals are raw. The songs that stood out on first listen are “Into The Wild”, “When Darkness Falls”, “Shadowland”, “Make It Last” and “Light Of The Candle”.

Would I recommend it?

Yes, it was an enjoyable listen. They won’t achieve world domination, however they will have a career in the niche they are in. The lyrical themes in the songs sounded a bit cliché, however they can only get better.

Degreed – We Don’t Belong
Released in 2013

They are from Sweden. Like “Dirty Passion” this is album number 2 for them. The band formed in 2005 and Facebook shows 1500 likes. Based on the likes, “Dirty Passion” has worked harder to build their social media presence.

Their bio states the below;

It took 5 years of hard work to even get noticed and a bunch of shameful proposals to get where they are today but these 5 guys know how hard you have to work to get what you want and they won’t stop until they get just that, what they want.

Isn’t that the nature of the recording business. Exploit the artist. Some are so hungry for fame, they will allow it. Other artists are smarter and if it means a smaller fan base, then so be it. As long as they did it their way.

So what about the album?

They released an album of twelve tracks however six ended up being a good listen. The standout tracks are “Black Cat”, “What If”, “Inside Of Me”, “Blind Hearted”, “Coming Home” and “We Don’t Belong”. It’s modern alternative rock, mixed with melodic rock (especially around the keyboards).

It is way more polished than “Dirty Passion” with a clear emphasis on arena rock choruses and pop sensibilities. The guitarists wail on the album. Really dig the song “Inside of Me”. It’s got that Imagine Dragons/Coldplay feel.

If I had to pick between “Dirty Passion” and “Degreed”, “Degreed” wins. They walk the fine line between staying true to melodic/hard rock and pop music, filtered with progressive and guitar heroics.

Denial Method – The Surface and The Vision
Released in 2008.

They are from the US. It is their first release and their Facebook page has 90 likes. It’s hard to ascertain if the band has broken up. After hearing their debut, it’s easy to see why the band could be broken up. Only two tracks are worth a mention. You see when you play in a crowded modern alternative rock scene you need to be a touch different, a touch special, a touch unique to stand out.

“The Silence” is a decent track. It is in the vein of bands like Earshot, Breaking Benjamin and 10 Years. That is also the reason why it falls down. Much like in the Eighties. All the bands that came out and started to sound like Motley Crue, Guns N Roses and Metallica, where are they now. Maybe having the guitar hero solo in it, would have made it different and unique enough to stand out.

“So Many Days” is another decent track. I love the acoustic however this song just sounded too strummed.

Moods.

What happened to them? Fingerpicking, single notes arpeggios, little flamenco guitar fills. Let the song breathe. Extend it.

So if I had to place “Dirty Passion”, “Degreed” and “Denial Method” it would be “Degreed” first, “Dirty Passion” second and “Denial Method” third.

Devilicious – The Esoteric Playground
Released in 2012.

They are from Sweden (seriously what a scene in Sweden). It is their 2nd release and their Facebook page has 1,195 likes.

They are basically a metalised version of The Cult. And I dig that

“Succumb”, “Hollywood” and “Post Mortum” all have this Black Sabbath vibe.

So if I had to place “Dirty Passion”, “Degreed”, “Denial Method” and “Devilicious” it would be “Degreed” first, “Dirty Passion” second, “Devilicious” third and “Denial Method” fourth.

Riverside – Shrine Of New Generation Slaves
Released in 2013.

They are from Poland and this is their sixth release. Their Facebook page shows 55,518 likes. I really enjoyed 2005’s “Second Life Syndrome” and 2007’s “Rapid Eye Movement” however after that they just fell off my radar. Blame the internet for allowing bands to release so much music.

Riverside are a damn good progressive rock band. There is a simplicity in complexity when it comes to their music. They know how to take the complex and make it simple, setting moods and letting feel lead the way. Don’t expect anthemic arena rock choruses with Riverside. There is none.

“Shine Of New Generation Slaves” is a brilliant exhibition in Pink Floydism prog. To like Riverside, you need to be in the mood. A “Dark Side Of The Moon” mood. Relaxed and mellowed.

My friend shared these bands with me and that is how we still get the word out today. Word of mouth.

http://ultimateclassicrock.com/marty-thau-dies/

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Copyright, Derivative Works, Influenced, My Stories

The Public Domain, Derivative Works and The Walking Dead

“The Walking Dead” came back on TV screens in the US last week with 15.8 million viewers in the US. Add to that all of the other viewers worldwide and the results are pretty impressive. Basically, “The Walking Dead” is a juggernaut.

So how did a TV show, based on a niche Zombie comic, explode into the mainstream and into people’s consciousness.

In order to understand the answer you need to go back to the beginning. And the beginning for “The Walking Dead” goes back to 1968 and a movie called “Night Of The Living Dead”.

“The Walking Dead” is a classic case of building on works already in the public domain as well as building on existing copyrighted works by creating derivative works.

First the whole Zombie genre owes a large debt to George A. Romero’s classic “Night Of The Living Dead”. Many of the accepted Zombie formulas started here. Something that is quite common to us in 2014, was all brand new to audiences in 1968.

Due to a late name change from “Night Of The Flesh Eaters” to “Night Of The Living Dead”, the distributor forgot to include a copyright symbol on the release and due to this omission, the movie entered the Public Domain on its actual release date. That meant that anyone could do derivative works and also build on the existing story.

Remember my catch cry, “Progress Is Derivative”. George A Romero stated that he was originally influenced by writer Richard Matheson and his book “I Am Legend”. In the 2008 DVD release of “Night of the Living Dead”, Romero mentioned that he had written a short story, which basically was a rip off from the Richard Matheson 1954 novel called “I Am Legend”.

Progress Is Derivative

The whole opening scene from “The Walking Dead” of Rick Grimes waking up in the hospital alone, is taken from the movie “28 Days Later” released in 2002, which also drew inspiration from a 1951 post-apocalyptic novel called, “The Day of the Triffids”.

In “The Day of The Triffids, the main character awakes to a silent hospital to find that his town has been overrun with blinded people.

In “28 days Later”, a bicycle courier awakens from a coma to find the hospital and the city, completely deserted and overrun by people infected by the rage virus.

In “The Walking Dead” comics that came after all the works mentioned above, Rick Grimes wakes from a coma in the hospital to find his town overrun with walking corpses, referred to as ‘walkers’.

SOMETHING, SOMETHING COPYRIGHT

Romero did miss out on a hefty payday due to the copyright bungle with “Night of The Living Dead”, however did that stop him from making any more movies. Of course not. Romero’s story ends well.

The film’s popularity OPENED UP MORE OPPORTUNITIES. Romero continued to create movies and the fame that his Public Domain movie gave him, opened up other offers around comics and novels.

For “The Walking Dead”, “28 Days Later” and “Resident Evil”, the lapse of “Night of the Living Dead” into the public domain turned out to be a godsend. The rules were established by Romero and Russo and others went to town building on those rules. And the best thing about building the genre was that the writers didn’t need to license anything, and they had no fear of being sued.

Call “Night Of The Living Dead” the Blues. And as Keith Richards once said, “You can’t copyright the blues”.

In the end, the lack of copyright around one movie, grew and helped defined the zombie genre in the same way that the lack of copyright around earlier blues and folk standards grew and helped define the classic rock genre. So next time someone tells you they need stronger copyrights or longer copyrights, point them to the “Night Of The Living Dead” example.

That is why “The Walking Dead” is a success. It is a derivative work created without the threat of a lawsuit. It is a derivative work that is allowed to build on previous works.

http://www.popmatters.com/column/159439-legacy-of-the-living-dead/

How a Copyright Mistake Created the Modern Zombie

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Classic Songs to Be Discovered, Derivative Works, Influenced, Music, Unsung Heroes

High Wire – The Streets Cry Badlands, Till The Day That I Die

With Jake E Lee excommunicated from the Osbourne camp no one was sure what he would do next. In 1988, Badlands formed however the connections that made this happen go back to the years that Jake spent with Ozzy.

The original Badlands line up was Ray Gillen on vocals, Eric Singer on drums, Greg Chaisson on bass and of course Jake E Lee on guitar. And we will never be able to see the band that cut the self-titled debut album reunite. Ray Gillen has passed and Eric Singer said in an interview on the Daves on Tour website that his memories of Badlands aren’t good ones.

“I saw a lot of potential with really talented people turn into a sad situation.”

Eric Singer auditioned for Ozzy back in 1985 and he didn’t get the gig. Greg Chaisson also auditioned for Ozzy around the same period and he also didn’t get the gig. Both of them lost out to Randy Castillo and Phil Soussan. The outcome for both Singer and Chaisson was that they got to meet Jake E Lee and have a jam with him. That is the Jake E Lee connection.

Eric Singer also did a stint in Black Sabbath during the Glenn Hughes/Ray Gillen era. That is the Ray Gillen connection. Music is a relationship business and it was these relationships, albeit small ones once upon a time, that ended up getting together to create one hell of a debut album.

In an interview with Kerrang from May 1989, this is what Ray Gillen had to say on the bands beginnings;

“I was particularly keen on the project because I had to pick myself up off the floor after my involvement with the Blue Murder project had gone sour. I was basically asked to leave the band due to outside record company pressure. John Kalodner, one of the top people at Geffen Records, simply said that I couldn’t sing!”

John Sykes’s search for a singer for his post Whitesnake project was legendary and in the end it was John Kalodner who decided it.

By 1989, metal music needed a re-invention. The answer was a new breed of bands with guitar gods as their centrepiece. Enter, Badlands, along with Blue Murder, Mr Big and Lynch Mob.

Wearing their Seventies classic rock influences on their sleeves and very cleverly merging the minor key riff remnants of the mid-Eighties heavy metal sound, Badlands hit the target. Each song was unique. Engineer James A. Ball mentioned in a Guitar World interview from July 1989, that the album was recorded in about ten studios. Each studio brought its own sound to the songs and you can hear it.

This is what Jake E Lee had to say on the band in an interview with Guitar World from July 1989;

Badlands is purer because I didn’t have to filter my ideas through Ozzy. Ozzy encouraged a flashier, trick-oriented style. Badlands is definitely more blues-based. When we got together we started by playing old Cream, Free, Led Zeppelin—the things we all grew up on. When we started writing songs, it carried over. I naturally went back to my pre-Ozzy approach. Our bassist, Greg Chaisson, says he’s relieved. He used to see me in my club days when I was playing in Ratt and Rough Cutt, and said I was his favourite. When he heard “Bark At The Moon”, he was disappointed.

Paul O’Neill was also the producer and was also their manager. He is well-known today with his work with Savatage and the Trans-Siberian Orchestra. One thing that Paul O’Neill does not credit for, is his song writing skills. He didn’t have mainstream hits like Desmond Child or Jim Vallance or Max Martin, however he was involved in writing some hard rock and heavy metal classics.

The standout song on the debut is “High Wire” and that song is a Jake E Lee and Ray Gillen composition. It cemented Jake’s reputation. You can’t keep a super star down and what a great way to open the album.

How good is that opening riff?

If anyone has heard the song “Transatlantic Blues” from The Night Flight Orchestra, you will hear this riff re-used. It is a hidden gem and a piece of kick ass hard rock. Adrenaline Mob also covered it last year on “Coverta” and paid tribute to the original in a damn good way.

The beauty of the song is the simplicity. It is a simple A to C, A to D riff, the cornerstone to all classic blues/classic rock songs.

“Winter’s Call” is written by Jake E Lee, Ray Gillen and Alex Gonzalez. It is the most Zeppelinesque song on the album, especially in the verses, combining Middle Eastern drones with Celtic modes. It is also one of the oldest songs on the album, as the song’s roots go back to 1983.

“Streets Cry Freedom” is the next gem and the song is written by Jake E Lee, Ray Gillen and Paul O’Neill. What a great way to close off side one. When vinyl was king, albums got sequenced by having a great opening track and a great closing track.

“Till the day that I die”.

The comparisons to Led Zeppelin, Humble Pie and Bad Company are prevalent in this song. The song’s verses are a typical 12 bars blues. Instead of playing it in the standard way, Jake E Lee shows his guitar smarts by arpeggiating the verses.

Again, the song sounds complex, however it is simple, especially the way it picks up towards the end.

“Seasons” is a gem on the second side. It is another song by the Jake E Lee, Ray Gillen and Paul O’Neill song writing team and man, it reminds me a lot of Led Zeppelin’s “Kashmir”.

This was 1989 and MTV ruled. Bands needed a hit to get recognition. So while “Dreams In The Dark” did the video rounds, as the record label decided it had the most “hit” potential, songs like “Winters Call”, “Seasons” and “Streets Cry Freedom” slipped under the radar. This is Jake E Lee at his best. He soars on these songs, like a free bird. And Ray Gillen made John Kalodner eat his words.

Then there are the stories about how “Hard Driver” reminds me of “Death Alley Driver” from Rainbow. How Jake E Lee used a black Les Paul Custom originally owned by Carlos Santana for “Rumblin’ Train” and how the song was written while Jake E Lee was tuning up his guitar.

The self titled album is brilliant. While other artists went with the one hit single per album and the rest as filler, Badlands delivered an album strong from start to finish. I sort of forgot about these albums and it was Jake’s re-appearance last year that re-awakened all of these memories.

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Copyright, Music, My Stories, Piracy

Record Label Innovation V3.0 – The Ultimate in Vanity, Exploiting Their Supremacy

Wow, another busy week is over and record label innovation is in full swing again.

Over at TorrentFreak there is a story from Ireland about the Record Labels asking the Court to force an Internet Service provider to disconnect music pirates. Alleged music pirates that are identified by the Record Labels via the IP address. Alleged music pirates who have no rights to due process.

James Hetfield barked “Halls of justice painted green, money talking”, and how true is that. The Record Labels are cashed up and they will go back to the Courts over and over again just to get a judgement in their favour. Justice is based on who can pay the most and the ones that pay the most, twist the argument to suit themselves.

There is also a story of Comcast in the US sending out over 600,000 notices to its customers. The actual customer that owns the IP address linked to Copyright Infringement may not be the actual file sharer, however this small obstacle does not matter to the RIAA who spends a lot of time gathering solid evidence (yeah, right) on copyright infringers. Again, alledged copyright infringers who have no rights to due process.

Power Wolves Beset Your Door
Hear Them Stalking

The Copyright Alert system is just that, power-hungry and cashed up wolves, stalking for a way to get the internet under their control.

Soon You’ll Please Their Appetite
They Devour

The Copyright Alert system is a shakedown. Within 2 years, it will be dubbed a failure by the RIAA and then they will push for another SOPA style law. And that is when the “hammer of justice crushes you, overpower.”

Principle Management (U2’s Management Company) has lost money for the fourth year in a row, so when Chairman Paul McGuiness gets a chance, he is quick to blame Google for his losses. Talk about sense of entitlement. Google has no reason to care if Principle Management is not making money. Did Principle Management care when Google was not making money in it’s early days, while Principle raked it in?

The Ultimate in Vanity
Exploiting Their Supremacy

The large players in the Record Label’s are exactly that. Vain people, exploiting their supremacy.

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My Stories, Stupidity

Doctor Doctor – Surely You Can’t Be Serious

I hate it when my kids get sick. My little guy is all congested. A blocked nose leads to an irritated throat, which then leads to an irritating cough. All of those symptoms then leads to a temperature and the dreaded visit to a Doctor.

So after work; my wife called the Doctors office. You see, we are in the process of switching Doctors as our current GP is past 80 and only works between 8.30am to 12pm. Obviously these hours do not suit us anymore. So we are trying to find a new GP and we believed that we found one, however she works in a very busy medical centre with lots of other doctors and she works by appointment.

Anyway, my wife called the office of that medical centre and asked to make an appointment to see the Doctor that we prefer. The receptionist tells my wife that our preferred Doctor is booked out until next week.

So my wife asks the receptionist, what are parents like us meant to do when our child is sick and we need to see the doctor ASAP?

The receptionist states that there are other doctors at the centre that could see us in the afternoon for the next day. Seriously, we have to wait another 24 hours before we get a chance to see a Doctor. Regardless of how we feel about it, we take the appointment for 4.45pm the next day, to see a Doctor that we do not prefer.

My little guy is a little pain in the ass when it comes to Doctors. He hates the doctor, hates the check up, hates taking Panadol, hates taking his antibiotics and he hates wet rags. Basically anything that could make him better or assist him, he kicks and screams his way through. It’s a dead set painful process for all involved.

So the next day rolls around and the same medical centre calls my wife and tells her that the Doctor we do not prefer, however we are meant to see has called in sick. To top it all off, they are not sure if they can fit us in anymore. They will have a look and get back to us.

I am thinking, this can’t be happening. Not in Australia. Surely we are better than that. However, when money trumps medical care, anything can happen. Just recently, the newspapers reported doctors who bulk billed the government for seeing more than 80 patients in a day. Seriously, 80 patients in a day. And a day for those doctors involves 3 hours from 9am to 12pm and another 3 hours from 3pm to 6pm. So in 6 hours, they saw 80 patients. Yeah right. What a dead set rort?

Anyway, we start calling other places and we get a slot to see a Doctor at 7.30pm at another medical centre just up the road. We call back the original medical centre to tell them to not bother looking for a replacement doctor for our 4.45pm appointment and they start giving us a hard time. Are they serious?

And then I started thinking of the movie Flying High.

Ted Striker: Surely you can’t be serious.
Rumack: I am serious… and don’t call me Shirley.

And I had a laugh.

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