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

Four For Friday

It’s all about the money in music and the lawsuits which come about because of it.

THE GREAT 78 PROJECT

The “Great 78 Project” from the Internet Archive is digitizing 78-rpm records from the early 1900s until the 1950s.

78rpm records are some of the earliest musical recordings, and were produced from 1898 through the 1950s when they were replaced by 33 1/3rpm and 45rpm vinyl records.

The Archives asked people to donate their albums so that the cultural past survives for future generations to study and enjoy.

At the moment the collection is at 400,000 plus recordings. The majority of these 78s are forgotten and the 78rpm versions are not on streaming services.

Sounds great right. Preserve some cultural history from donated records and provide access to people to enjoy.

But the labels don’t get paid when this happens and suddenly don’t like it.

Universal, Sony and other labels (as part of the RIAA) are suing for copyright infringement.

The labels’ have used colorful phrases to describe the “78 Project”, as an “illegal record store”.

From the 400K plus songs, the labels named close to 3K sound-recording copyrights that the Archive allegedly infringed.

And they want $412 million for it because as far as the labels are concerned the music is available on streaming services.

The Great78 project, is not a substitute for music streaming services like Spotify or Apple Music.

When you listen to it, you hear that the music was digitized from the 78rpm record.

You get the crackle and the hiss of the record. It is a totally different version from the clean remastered versions you hear on music streaming services.

It’s ridiculous that it’s even an issue.

SIRIUS XM

SoundExchange, is responsible for collecting and distributing digital music royalties.

Sirius XM is responsible for playing music and paying digital royalties.

SoundExchange claims that Sirius XM is performing some creative accounting by inflating the revenue from its webcasts so it pays less in music royalties to the tune of $150 million.

Isn’t it funny how the labels and publishers go straight to litigation when someone else like Sirius XM does the exact same thing that they did to artists for 80 plus years.

Twitter/X

Twitter/X users put up snippets of live concerts, music videos, interviews and basically themselves jamming to their favorite music or playing the vinyl or CD of their favorite music.

Posts like these.

Two minute snippets of live performances that someone recorded which isn’t the user.

Or something like this.

Footage from a concert that the user attended and shared on the platform.

The users on other social media sites do the same thing.

But the RIAA, the labels lobbyist and litigation arm don’t like it.

They have accused X Corp of breeding mass copyright infringement because the company fails to respond to takedown notices and lacks a proper termination policy.

For this crime, the labels want $250 million from X Corp.

Elon Musk wants the case dismissed and his legal team have asked the courts to consider it as the labels have no hard proof of any wrong doing.

$3 MILLION PER HOUR

It’s the combined amount of how much the labels made in the first six months of 2023.

And they made that money because they have schemed, paid or legislated their way into owning the rights of a lot of music.

The music created by artists in bedrooms, parents basements, hotels, tour buses and at soundchecks, the labels now own.

And they will own these rights for the life of the artist plus 70 years after their death. In some jurisdictions, it’s 90 years after their death.

Final Note

The artists who create culture and value are never in the conversation. Even if the labels (and the RIAA) get all the monies paid to them, they will not share any of it with the artists.

And it is the artists who gave them this power to litigate, by signing away their rights in shitty contracts so they could have a recording career. And maybe a chance to make it big.

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The Record Vault: Dream Theater – Tokyo, Japan 10/28/95

All at once in 2004, Dream Theater dropped three bootlegs under the sub headings of DEMO, COVER and LIVE.

The DEMO release was reviewed here, and it covered the “When Dream And Day Unite” period between 1987 and 1989.

The COVER release is their play through from start to finish of the “Master Of Puppets” album and will be reviewed next.

This review is on the LIVE release and as I’m writing this review it has not been re-released as part of the Inside Out re-releases/new releases.

So all we have at the moment is the Ytse Jam Records release.

The full 2 hours and 20 minutes, recorded live on the run of shows used to promote the “A Change Of Seasons” EP.

This is from October 28th, 1995 at NHL Hall, Tokyo, Japan.

The band is John Petrucci on guitars, Mike Portnoy on drums, John Myung on bass, James LaBrie on vocals and Derek Sherinian on keys.

Intro

There is a tape intro that goes for about 1 minute. It’s got a clock ticking and the sad piano lines from “Space Dye Vest” are played.

Then there is a voice over, some backwards sound effects and the octave notes from “Under A Glass Moon” kick in.

Under A Glass Moon

I like the surrealist title.

The verse riff on this song with the keys playing Chords over it. Perfection.

Stick around for the solo as it’s one of Petrucci’s best.

The Mirror

It’s a heavy song with Petrucci deploying the 7-string. Its intricate arrangements and dynamic shifts are interesting.

Lie

It goes together with “The Mirror” as some musical sections appear in both songs. This was a single from the “Awake” album, however it didn’t have the same success as “Pull Me Under” from the album previously.

The mix of heavy riffs and melodic moments, highlights their versatility.

Petrucci as usual delivers a few killer solo sections.

Lifting Shadows Off A Dream

It starts off like a slow jazz blues fusion jam before it goes into the well recognized bass intro.

It feels like a cross between U2, ballad like Marillion and 80s synth Rush.

Instrumental Medley

You get to hear “The Rover” from Led Zeppelin, “Killers” from Iron Maiden, “Damage Inc.” from Metallica, “In The Flesh” from Pink Floyd and “Heart Of The Sunrise” from Yes.

Press play to hear the way they fuse all these different songs into one cohesive track.

Innocence Faded

It’s in a major key. While it rocks it does have pop sensibilities.

But it’s the outro that you should listen to.

Because if you worship at the altar of guitar gods then the outro is for you. Even James LaBrie screams “John Petrucci” when it starts.

If you can’t find this track, then any other official live version or even the studio cut will suffice.

A Change Of Seasons

You get the full 23 minutes.

The way this piece is written is that each part can be played separately in the set list amongst other songs or it can be played as one song, like it is here.

And like all multi-part epics, it serves as the grand centerpiece of the show, displaying their songwriting prowess and technical skills in a live setting.

Lost Without You

“Lost Without You” was officially released in 2005 on John Petrucci’s solo album “Suspended Animation”.

But here it is, live in 1995.

Its an intimate and introspective moment within the setlist, very blues/jazz fusion like and I’m all in.

Petrucci nails it and the emotion drips from the strings.

Surrounded

The “Images And Words” album is all killer.

And this song is largely out of the conversation, however the band does a stellar job playing tracks from the back catalogue in the live setting.

After the piano intro and verses, the song picks up. Listen to how Petrucci decorates.

Derek Sherinian Keyboard Solo

I’m not a huge fan of solos in concert like this, but this one actually rocked and kept me interested.

It was a mixture of ragtime, blues, classical and cinematic/video game like music.

Erotomania

Mike Portnoy takes over the middle of the song with a drum solo.

But at least they go back into the song and to one of my favorite instrumental sections.

Voices

This is another song that seems like it’s out of the conversation when it comes to Dream Theater songs.

But it’s a classic

The Chorus is arena rock.

And that solo is what guitar heroes are made of.

The Silent Man

It’s a great acoustic song.

And they bring the 70s Classic Rock vibes (which is known as Country Rock these days) to it live.

Pull Me Under

Closing the main set with their most recognizable hit, leaves the audience energized.

The 1st Encore begins with a cover.

Perfect Strangers (Deep Purple cover):

The Deep Purple cover sounds like it came from the minds of Dream Theater.

You can hear the fun in the music and they definitely jam it out.

The 2nd Encore begins with the last two tracks of the “Images And Words” album. And for a 1995 set list it’s perfect.

Wait For Sleep (Acoustic version)

An acoustic version of “Wait For Sleep” is excellent.

Learning To Live

The grand finale. The whole song is a masterpiece.

And then that outro section. Wow.

In summary, its raw as a bootleg should be.

The setlist is diverse and it showcases their instrumental virtuosity and ability to navigate complex musical compositions.

There are mistakes and pitch issues but hey, if I wanted the studio recordings I would play them.

The inclusion of covers and acoustic moments also adds depth to the overall concert experience.

Crank it.

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Touch Of Madness

They got some traction with the single “Don’t Tell Me You Love Me” from the “Dawn Patrol” album in 1982. The future looked bright.

Then their record label “Boardwalk” went under.

But they had a believer in former Boardwalk vice-president Bruce Bird, who organised a deal with Irving Azoff to sign the group to MCA. Night Ranger would be the first signing to Bird’s new imprint under MCA, Camel Records Inc.

“Midnight Madness” came out in 1983. Check out the ages of the guys in the band.

Jack Blades is 29, Brad Gillis is 26, Jeff Watson is 27, Kelly Keagy is 31 and Alan Fitzgerald is 34. These are seasoned pros, who have paid their dues in other bands since the start of the Seventies.

And in 1983, fame came to them in the form of music television.

MTV would turn regional club acts into arena acts instantly on the back of a song, and “Sister Christian” along with “(You Can Still) Rock In America” became the songs that launched Night Ranger across North America.

While the album has alot of good songs my favorite is the first song on Side 2.

“Touch of Madness” is written by Jack Blades.

The eerie music box gets your attention immediately.

Then a heavily palm muted arpeggio single note riff kicks in before, all hell breaks loose with the blues slide rock riff from the 19 second mark.

The playing is excellent.

At the 42 second mark, the verse groove comes in. It’s groove Rock and Kelly Keagy thunders on the kit.

Blades delivers a stellar vocal,

The lyrics suggest a feeling of being drawn to someone who has a captivating and mysterious quality.

She say
“I get high when I want to
Don’t ya think you need it too”
I need a touch, I need a touch of madness

All of the religious leaders in the 80’s got it right, that the youth of the world had been seduced by the devil’s music. We liked to get high when we wanted to and Mister Juana was a favourite.

The “touch of madness” is the irresistible allure of someone’s unpredictable and exciting nature.

I need a touch, a touch of madness

The lead break is Randy Rhoads-esque. Building on a simple motif and embellishing it with fast scalar runs.

I like how you get another verse, pre and chorus after the solo section. It’s the reason why it clocks in at 5 plus minutes.

Crank it.

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Four For Friday

MOTLEY CRUE

How many times can they release the same album?

All the music here has been released before circa 2003 when the band remastered their albums on their own Motley Records label.

But let me highlight how many issues of the album they have done recently.

In 2022, they released a Limited Edition, Reissue, Black/Clear Split Vinyl edition. The music on this edition was just the normal album.

In 2018, they released a Limited Edition, Reissue, Remastered, Clear With Red Swirl Vinyl Edition. The music on this edition was just the normal album.

In 2016, they released a Limited Edition, Reissue, Remastered, Red With Black Swirl, 180g Vinyl edition. The music on this edition was just the normal album.

In 2011, they released a Limited Edition, Reissue, Remastered, Mini Vinyl Replica edition. The music on this edition was just the normal album.

Again in 2011, they also released a Reissue, 180g, Gatefold edition. And again, the music on this edition was just the normal album.

Between 2003 and 2023, they also released various CD versions of the album with wording like, HDCD, Club Edition, Limited Edition, Enhanced, Reissue, Remastered and SHM-CD (for Japanese Releases). Apart from the 2003 edition, it’s been the same album re-released.

But, it’s selling for $370AUD. It looks like a nice collectors piece and if you don’t have this album, you’ll be thinking “why not”, but at that price I would have expected something to be included that hasn’t been released as yet.

Take a cue from Mr Coverdale, who puts the effort in with his evolution compositions, different jams/rehearsals of the songs and live recordings.

STEVE JOBS

At 12 years old Jobs called Bill Hewlett (the co-founder of Hewlett-Packard) to ask for spare computer parts.

Jobs got the parts and a summer job working the assembly line at Hewlett-Packard.

Steve Jobs, believes asking is the single thing that “separates the people that do things from the people that just dream about them.”

METALLICA

Brian Slagel is putting together the Metal Massacre compilation album.

Slagel met Lars Ulrich a year ago at a Michael Schenker concert. Lars calls him up and asks him, “if he puts together a band can he be on the record?”

BON JOVI

It’s 1982 and Jon Bon Jovi has just finished writing and recording “Runaway”.

He shopped it around and couldn’t get a record deal. He couldn’t get a band together to play live because original bands didn’t make enough money.

Luck would have it that a brand-new radio station would open in New York. It was so new it didn’t have a receptionist so nobody was there to stop Jon from walking straight to the DJ and asking him to play “Runaway”.

The song quickly gained traction and Hobart entered Bon Jovi into a contest the radio station was running for the best unsigned band.

Jon won, he got his Mercury deal and by the summer of 1983, the song had become a huge hit.

It’s amazing what could happen from asking.

SONG ON REPEAT

“Crime Of The Century” by Revolution Saints.

That Chorus hook is undeniable. It’s from the new album “Eagle Flight” which has Joel Hoekstra and Jeff Pilson joining Deen Castronovo.

Check it out.

BONUS SONG I’M LISTENING TO

“Burn For Me” by The Night Flight Orchestra. It’s the Bowie “Modern Love” feel which hooks me in and then that feel gets put in the TNFO blender and what comes out is an infectious AOR Rock song.

And that Chorus hook. Wow.

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The Night Flight Orchestra – Death To False AOR Tour: Crowbar, Sydney (Leichhardt)

I remember the kids asking me around 2019, if The Night Flight Orchestra (TNFO) would ever tour Australia as they are massive fans but they couldn’t come as it was an over 18s gig.

I said to them that Bjorn Strid as part of Soilwork tours here, so it’s a possibility but it all depends on a promoter who wants to bring them out and it also depends on fans. Streams and sales are key here.

Fast forward 4 years later, TNFO arrived on our shores. Hardline Media was the promoter who got em out here. I’ve purchased stuff from the site before and Doug does a great job/deed for Metal and Rock music in Australia.

Their first gig was at Brisbane, on Thursday 3rd August at a venue called “The Zoo”.

And on Friday, 4th August, they had their show in Sydney at a venue called “Crowbar”.

Their final show was on Saturday, 5th August in Melbourne at a venue called “Max Watts”.

It’s like waking into a time warp and coming out 40 years ago when you enter “The Crowbar”. The pub was formerly known as “The Bald Face Stag” (it was a venue I played with one of my former bands) and in 2018, it relaunched as “The Crowbar”. The furnishings are still very 80s retro, it’s painted black and I like it. Plus their is a decent selection of boutique beers on tap and in cans. Their is also a decent sized live room inside the pub, which they utilize for live music.

I purchased two VIP Meet and Greet packages.

This included:

  • early access to the show and merch stand,
  • a photo on my phone/device with the band
  • an Australian tour poster to get signed by the band
  • exclusive VIP lanyard/laminate
  • plus I was able to bring along 3 personal items to get signed.

And the prices at $160 each were reasonable.

I was thinking of what merch to take for signing. And I settled on the vinyl album, “Sometimes The World Ain’t Enough”. It’s a gatefold album, with a massive picture of the band on the inside, so it would be cool to get them to sign it. Plus I had two copies of the albums as I forgot I purchased it and then purchased it again.

The meet and greet was very relaxed. They signed our items including the tour poster and then we got the photo.

The band is Sharlee D’Angelo on bass, Sebastian Forslund on guitar, percussion and congas, Anna Brygard on backup vocals, John Lonnmyr on the keys, Bjorn Strid on vocals, Asa Lundman on backup vocals, Jonas Kallsback on drums and Rasmus Ehrnborn on guitar. In the middle, ruining the photo is yours truly.

Midnight Flyer

It was the first song recorded for the “Amber Galactic” album and the first single released to promote the album.

It’s a great opener.

Then again so is “Siberian Queen”, “Sail On”, “This Time” (which sounds like the twin of “Midnight Flyer”), “Servants Of The Air” and “Violent Indigo”.

I remember reading an early interview from the band that Deep Purple’s “Made In Japan” and “Made In Europe” are favourites.

And I can hear it in “Midnight Flyer”, how it builds from the keyboard intro, similar to how “You Fool No One” builds on the “Europe” live album or “Speed King” on the “Japan” live album.

I’m not leaving
I’m just going somewhere else
Far from the sighs and whispers
And the weakness of myself
Now is not the time
To think of all I’ve lost
There are skylines left to conquer
There are oceans left to cross

The work ethic of the TNFO members is high. Multiple bands means more touring, more time in recording studios, more time song writing and lots of champagne. Meanwhile they are all trying to keep relationships going.

I’m a midnight flyer rushing through the storm
I got lost without your loving and I can’t find my way home

Such a great lyric for the Chorus hook.

They went straight into “Sometimes The World Ain’t Enough” and we were moving and singing.

That keyboard Intro is from what David Coverdale calls “Hook City”, a mythical place of arena-like choruses and riffs.

And I love the drum beat which I call the “Deuce” beat. I know other 70s acts did this kind of beat, but I’m a Kiss fan so I’ll associate it with Kiss.

Every song TNFO played got us moving. My order of the songs is wrong compared to the live show, but here they are.

“Divinyls” rocked. It grabs your attention as soon as the guitar intro starts and it builds nicely with the drums. Rasmus Ehrnborn filled in for TNFO when Dave Andersson couldn’t tour. Now he is the guitarist in the band.

“Gemini”, “Paralyzed”, “White Jeans”, “Burn For Me”, “The Sensation”, “If Tonight Is Our Only Chance” and “Satellite” all followed with lots of grooving, people dancing and some head banging.

“Something Mysterious” (which reminds me of “Burning Heart” from Survivor) was dedicated to guitarist Dave Andersson, who passed away in 2022. For those who are not aware, Andersson was a co-founding member of TNFO along with vocalist Bjorn Strid. A lot of the TNFO songs have his riffs and lyrics. He also wrote this.

They closed the set with the 9 minute long “The Last Of The Independent Romantics”. As Bjorn said in the Intro, let’s go on a journey. And we did.

The band went off stage and we went into a football chant.

It was encore time.

“Josephine”, “Stiletto” and “West Ruth Avenue” closed the night.

“West Ruth Avenue” deserves special mention as Bjorn got a decent Conga Train happening which resembled a circle pit. Instead of people running, people were dancing.

It was also this song from the debut album which made me a fan. And the tempo was slightly increased. Which I like.

I am biased but this gig is a 10. They never let up on the energy and the setlist was perfect.

Moving forward, current single “The Sensation” is doing the rounds. A new album is expected in April/May 2024 and I’m looking forward to adding it to the collection.

Hopefully another Australian tour as well. They put down some roots here so let’s see what grows.

\::/

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

Four For Friday

RIAA POWERS

How much power is too much power?

Two years ago, the RIAA won a piracy lawsuit against two sites that offered YouTube-rippers. For those that don’t know, these sites allow the user to turn a YouTube video into an mp3.

After the verdict, the RIAA demanded $83 million in damages from the site owners.

And suddenly, there was an appeal.

As the TorrentFreak article explains;

“If the record companies can really get multi-million dollar judgments without having to prove a single instance of infringement within the United States, then no one who operates a website is safe,” Gurvits (Defense Lawyer) said at the time.

There has to be some onus on the RIAA to prove infringement.

And they can’t because they don’t know who infringed.

It’s easy to get a techie to run a report and say that the YouTube ripping sites were accessed by U.S IP addresses. But. It’s not easy to prove who is responsible when their evidence is made up of IP addresses.

But accessing the sites doesn’t constitute Copyright infringement. And the RIAA cannot prove what infringement took place or what videos from YouTube were turned into mp3s.

So why is the law allowing them to bring cases to trial without this proof.

JASON ALDEAN

The song “Try That In A Small Town” came out in May 2023 and it was out of the public conversation. It was a dud and no one cared enough to listen to it. His true fans did but no one else.

Then someone (Critic Zero) started the backlash against the song in the middle of July, 2023 and by doing so, they amplified the song by providing much needed free marketing.

The criticism then spread to other blogs and news outlets faster than Covid and as a by product the streams and downloads of the song kept going up. In the space of two weeks the songs Spotify numbers went from 1.5 million to 12.3 million.

To top off the controversy, Aldean and his team had to edit the music video because it contained footage which was copyrighted.

SPOTIFY INCREASE

The price of Premium Family is changing from A$18.99/month to A$20.99/month.

My favorite part is the reason Spotify gives for the increase, which is word for word to what Netflix gave a year ago;

We’re increasing the price of Premium Family so that we can continue to invest in and innovate on our product offerings and features, and bring you the best experience.

Really.

It’s nice to know that Spotify is using subscription money to pay people for podcasts that a lot of their customers don’t like.

BAND I’M SEEING

I’ve got tickets to watch “The Night Flight Orchestra” in Sydney next Friday. Readers of the blog will know that I am a fan. Each album has been reviewed glowingly.

In case you are interested.

You can read the debut album “Internal Affairs” (2012) review here.

“Skyline Whispers” (2015) is here.

“Amber Galactic” (2017) is here.

“Sometimes The World Ain’t Enough” (2018) is here.

“Aeromantic” (2020) is here.

“Aeromantic II” (2021) is here.

SONG IM LISTENING TO

“Crime Of The Century” by Revolution Saints. It’s a great piece of melodic rock and that Chorus just sticks around forever.

My review of the recent album is here.

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The Record Vault: When Dream And Day Unite Demos 1987-1989

It was released in 2004 on Ytse Jam Records, the official bootleg label of the band created by Mike Portnoy and John Petrucci, but Portnoy was the main driver.

Yep, the thing that bands are doing right now, Dream Theater has been doing it since 2003. Marillion, one of Portnoy’s favorite bands have been doing it even earlier via their fan club.

This was also released as part of their Inside Out record deal via the “Lost Not Forgotten Archives” on 12 May, 2023.

The CD contains pre-production demos as well as instrumental versions of the songs and songs that did not make it on to the album, or were recorded around the same time. Also included are six tracks the band recorded as a Christmas gift for their friends.

The band started this recording process as Majesty. By the end of it they would be Dream Theater.

They started it with Chris Collins as the vocalist. Then a whole year would pass before Charlie Dominici would join Mike Portnoy, John Petrucci, Johnny Myung and Kevin Moore. This is the band that recorded the debut album.

Afterlife – Instrumental Demo

It’s my favorite track from the debut album and it was the first new track they wrote upon returning home from Berklee in the Summer of 1986.

It’s straight ahead speed technical Metal and the instrumental demo highlights it.

And Johnny Myung is one hell of a bassist.

The harmony solo between the keys and guitar is still here, however the solo before is different to the recorded version.

The song was performed live with vocalist Chris Collins however it had different lyrics and melodies.

The Killing Hand – Instrumental Demo

It’s weird how my two favorite songs on the debut are the first two songs written.

You can say this song is the start of the Dream Theater epics.

That section after the solo still hooks me.

The Ones Who Help to Set the Sun – Instrumental Demo

The working title of this song was “Death Of Spock”.

It’s the most progressive of the tracks so far and the Arabic Metal feel is very prominent in the demo.

The Rush influence is also prominent when you hear the song instrumentally.

Ytse Jam – Instrumental Demo

Well the song was written to be an instrumental so instrumental demo doesn’t make sense.

Regardless, it’s a fan favorite and that Intro gets peoples attention immediately.

Cry for Freedom – Instrumental Demo

I needed to rehear it to remember it. A leftover from their Berklee jams.

Standard riffing that seems lost without a vocal melody.

But I do like the Sunset Strip riff from about 2.40 and then the change in feel at 3.00. The drums play a simple groove, the synth takes the lead and it sounds like “Stranger Things” took it for their intro. Or maybe the band was heavily influenced by the “Signals” album from Rush.

It’s also been preformed live with Chris Collins.

Resurrection of Ernie – Instrumental Demo

It’s like a John Carpenter soundtrack piece and I like it.

The music here has never been used or rewritten for another song, so it’s a true rarity.

Drum Solo – Instrumental Demo

I hate drum solos in concert and I hate them on albums. If they add some music to it and have the drums doing intricate things then I’m all in.

Portnoy created it for a contest that Modern Drummer magazine was running. The prize, “Neal Peart’s Tama Drum Set”.

Portnoy submitted it under the title “Peartnoy’s Complaint”.

He didn’t win.

A Fortune in Lies – Instrumental Demo

It is the opening track on the album. I still get hooked on the verse riff and how the keys decorate it.

And in the demo here, there’s no Chorus

Only A Matter of Time – Instrumental Demo

It’s missing the excellent synth lead which defines it.

A Fortune in Lies – Early Charlie Demo

Charlie Dominici is a great vocalist.

But at 36 years of age when he joined the band, he was always on borrowed time with the Dream Theater guys.

Mike Portnoy said it was like having Billy Joel singing in Queensrÿche. In this case it was more Steve Perry singing in Dream Theater.

A good singer in the wrong band, they would amicably part ways after this album.

Afterlife – Early Charlie Demo

My favorite track with a killer chorus. But you had to wait for it.

The Ones Who Help to Set the Sun – Early Charlie Demo

You hear a lot of Marillion in the demo and I like it.

These “Early Charlie” Demos are the ones that got the band signed. A friend of Portnoy’s had an ex-band mate who left Combat Records to start Mechanic Records and on June 23 of 1988, Majesty signed their deal.

Once signed, Terry Date was selected as Producer, who at the time had a reputation for making albums sound great on a low budget.

Portnoy’s 4 track came out and away they went with the Pre-Production demos.

  • A Fortune in Lies
  • Afterlife
  • Ytse Jam
  • Only A Matter of Time
  • The Ones Who Help to Set the Sun
  • The Killing Hand
  • Light Fuse and Get Away

All of the pre-production demos are more polished than the instrumental demos.

The solos are still a work in progress however most of the elements are there.

“Light Fuse And Get Away” was newly written during this phase.

“Status Seeker” was written just before they entered the studio and never demoed.

The entire album was recorded and mixed in 3 weeks.

Shortly before the release, the guys were informed of another unsigned band who held the registered trademark for the name Majesty. So they had to change their name.

And Dream Theater was born.

The album dropped on March 6, 1989 to little promotion and fanfare. The label reneged on their promise to fund a video and provide touring support.

It was dead on arrival as the guys retreated back to their basement rehearsal studio and their day jobs at delis, Chinese food places and music stores.

To Live Forever – Xmas Demo

The song was written after the guys watched “Rattle and Hum” from U2.

It’s stuff like this which I like from Dream Theater. They would take all kind of influences and still make it sound like Dream Theater.

On here, you can really here the pop vocals in Dominici.

Mission Impossible – Xmas Demo

A little jam with Portnoy losing his shit at the end of the song at Petrucci who was wailing away.

Golden Slumbers/Carry that Weight/The End – Xmas Demo

A Beatles medley.

O Holy Night – Xmas Demo

It’s not a Xmas demo with a Xmas song.

A Vision ’89 – Xmas Demo

I like Dominici’s vocals as well. Then again I’m a fan of this song, so I enjoy all versions of it.

This one is very Queensryche like.

And there you have it.

If you want to hear Dream Theater as a technical speed Metal band with various influences of other styles then this is the album.

Crank it.

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A to Z of Making It, Music, My Stories

Four For Friday

RESIDUALS

Actors and Writers are striking.

The actors have joined the writers in taking industrial action, because they want streaming giants to agree to a fairer split of profits and better working conditions.

And a recent Black Mirror episode has made em all worried about digital replicas, so they want further protection in this area.

The BBC article has this to say about it;

Mark Ruffalo went on to say that while actors and screenwriters have “made great content”, the business brains behind them had “created an empire of billionaires”, who are “laughing like fat cats” and “believe we are no longer of value”.

You see, actors are paid residuals. Residuals are a form of royalty paid to actors when movies and TV shows air on television after their initial run.

Residuals came into practice in the 60s and were updated to include Cable TV. But it doesn’t work for streaming because streaming shows aren’t scheduled.

To show how valuable residuals are, the article over at “The Conversation” states;

Hwang Dong-hyuk, the creator of “Squid Game,” forfeited all residuals when he cut a deal with Netflix.

It earned Netflix nearly US$1 billion, but Hwang got none of that bounty.

You see, Hwang would get a large upfront fee to create “Squid Game”. It would be large enough to tempt him to forfeit all residuals. Netflix and Hwang both gambled and Netflix won.

And while some actors are paid well because they had the “old gatekeeper power” to get residuals higher, the rest struggle, while the streaming services and studios along with their CEO’s earn billions and multi-millions.

WHAT MAKES IT

Because no one knows what will make it big. Here is a snippet from a newsletter that Billy Oppenheimer writes;

When Tom Hanks was filming Forrest Gump, he asked director Bob Zemeckis, “if anybody will care enough to watch the movie?”

Zemeckis replied with “It’s a minefield, Tom. You never know what’s good…It’s a minefield! It’s a goddam minefield! We may be sowing the seeds of our own destruction.”

There is no safety net or guarantee that things will become popular.

After Bon Jovi finished recording “Slippery When Wet”, producer Bruce Fairbairn was hoping it would get a Gold Certification, which is 500,000 sales in the U.S. Currently the album is at 13,364,000 units sold.

David Coverdale just recovered from surgery after a bad sinus infection. He had fired everyone. He was over $3 million in debt to Geffen. The music to the songs which would make up the 1987 album were recorded. All he had to do was sing.

And he hoped there was a place for Whitesnake in the market dominated by Bon Jovi, Motley Crue, Scorpions and Europe. It’s at 8 million and counting in U.S sales.

“Welcome to the Jungle” from Guns N’ Roses performed poorly in both the United States and the United Kingdom when first released in September 1987.

As the band’s popularity grew steadily in 1988, on the back of “Sweet Child O Mine” and their ferocious live performances, it became a sleeper hit in the US and reached the top 10 of the Billboard charts. It was then re-released in the UK, charting within the top 40 there.

In June 2005, it was certified Gold in the U.S.

By 2017, it surpassed 3 million in sales however it’s never been re-certified.

Nirvana’s second album “Nevermind” was released in September 1991 with low expectations, hoping to sell 500,000 copies.

The album entered the Billboard 200 at number 144.

It entered the top 40 in November.

When December rolled around, the album was selling 300,000 copies a week.

By January 1992, it replaced Michael Jackson’s “Dangerous” at number 1 on the Billboard charts.

The album has gone on to sell over 30 million copies worldwide.

When Def Leppard released “Hysteria” in 1987, they were expecting the same sales as “Pyromania”. In addition, due to the lengthy recording process, in order to break even they had to sell a minimum of 5 million albums.

After 8 months, the album had sold 3 million in the U.S and the band was preparing to wrap up their tour, take a short break and go back into the studio.

Then “Pour Some Sugar On Me” and “Love Bites” hit the airwaves. The popularity of the singles led to renewed interest in the album and the band was back on the road.

The “Hysteria” tour ended on 27th October 1988. By then the album had moved 7 million units in the U.S. It was basically moving a million units a month in the U.S from June.

By May 1990, the album was at 10 million units in the U.S. and it’s still selling today.

DO THE WORK YOU LOVE

It’s a strong mindset to work on a project and knowing that no one will possibly care about it once it’s released.

But the ones that do it, do it because it’s a need to create and they live to create. If it’s successful, the money and fame is a byproduct of their need to create.

THE JOURNEY

When Bruce Springsteen dropped “Born to Run” in 1975 he was 11 years into his journey. During those years he was in and out of numerous bands and his first two albums as a solo artist bombed.

When “Appetite For Destruction” came out in 1987, Guns N Roses were an 7 year over night success. And the album was a slow burner. It took over a year to get traction and once it did, it was outselling everyone.

During these periods, “talented” and “schooled” musicians were in their thousands. But the biggest artists didn’t come from Julliard or Berklee.

If your are not committed to the journey talent doesn’t matter.

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

Four For Friday

It’s all about Copyright, that little piece of legislation meant to give creators a monopoly on their works, so they could create new works, however the creators now sell or license their rights to a corporation, who then seem to hold onto the rights forever and by doing so, the Corporations keep lobbying hard to change laws so copyright lasts forever.

THE VALUE IN COPYRIGHTS KEEPS GETTING BIGGER

It’s 2008 and the Global Finacial Crisis decimated assets across the world. In these wastelands, the Investment Houses turned to Copyrights to balance portfolios.

The arrival of streaming services took off the cloak and funny math on royalties by the labels. While artists complained about the pay per stream rate, one thing they couldn’t complain about was the amount of money paid to the organizations that held the rights.

15 years later, these portfolios keep making money for the Investment Houses as the majority of music consumers transitioned to streaming.

In 2022, Germany generated 1.656 Billion in streaming revenue. The total income for the country was 2.07 Billion so streaming equated to 80 percent of it.

Globally in 2022, streaming revenues reached 17.5 billion U.S. dollars. 70 percent of total recorded music revenue.

If you are not getting a cut of it, someone else definitely is.

COPYRIGHT AFTER DEATH

It’s been five years since Aretha Franklin died and her heirs are still fighting over who handles her Estate, which has her Royalties paid to.

The unusual trial will determine which of the two handwritten wills, including one found in couch cushions, will come in force.

The interesting part is how Aretha valued her earnings from Copyright, which she listed as $1. Meanwhile, the Estate earned $4 million in one year after her death.

SPOTIFY PAYMENTS TO SWEDISH ARTISTS

Since 2008, Sabaton has amassed 2.5 billion streams on Spotify. Check out the research.

It is estimated that Spotify has paid the rights holder of Sabaton’s catalogue between $9.6 million and $15.9 million during this time.

If Sabaton owned their Masters 100%, then they would have received between $7.6 and $12.6 million dollars from Spotify. It equates to $507K and $840K per year. There are five members in the band, so taking the lower amount, each member would get $100K each. This takes into account that they have no manager percentage, accountant percentage and so forth.

If they had a 50% Royalty agreement with their label, they would have received between $3.7 and $6.3 million dollars. It equates to $247K and $420K.

If they had a 20% Royalty agreement with their label, they would have received between $1.5 and $2.5 million dollars as the label would get the other 80%. It equates to $100K and $167K. Taking the lower value, each member would receive $20K for the year, which comes to $1,666 per month. This takes into account that they have no manager percentage, accountant percentage and so forth.

RE-RECORDINGS

The Law states that artists can get back their rights after so many years. But the labels are fighting each case tooth and nail.

So if the artists have the means, they are creating new masters and are making those new masters as canon. This in turn gives them control over their music and they can then license these recordings to TV Shows and Movies and Games on their own terms.

SONG I AM LISTENING TO

Chokehold from Sleep Token.

It came up on a Release Radar many months ago and I’ve been hooked ever since. Hooked enough to buy the Vinyl album when it came out a few weeks ago.

From the U.K, they combine Pop, R&B, World, New Age, Church, Classical, Folk and Djent like tech metal. And I’m a fan.

To show how much cross over appeal they have, you can watch Daughtry do a live acoustic cover of the song.

Metal music is always resilient to changes in genres however it’s also easily adaptable to other genres or it can be used as a fusion element.

And fusion is happening everywhere.

Taylor Sheridan is good at mashing unrelated and different story ideas into one cohesive story.
Yellowstone is a mash up of Classic Westerns, Medieval dramas with a lot of back story and political thrillers. Tulsa King is “The Godfather” in a Western setting.

And then I did some research on em, and they have a gimmick, wearing face covering like ninjas from an anime.

Check em out.

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

The Dogs Of War

Will people talk about Michael Schenker in 20 years time?

We all knew who Michael Schenker was from his time in UFO and Scorpions, but none of us could name his MSG tunes correctly.

He wasn’t on MTV and back in the 80s, there was no Spotify, no YouTube, no BitTorrent and no internet where we could go and look up his MSG output.

Radio in Australia never played MSG.

Basically if you didn’t own his albums or know someone who did, it’s like he didn’t exist.

But he was all over the guitar magazines. It’s how I came across him.

The first MSG album came out in 1980 and it stiffs in the major U.S market. Japan however loved Schenker where his popularity remained high on the back of his Scorpions and UFO contributions.

The second MSG album came out in 1981 and it did nothing as well. Something had to change. Original singer Gary Barden was fired in 1982 and Graham Bonnet fresh from his stint in Rainbow was hired. Album number 3 came out the same year (along with the “Live at The Budokan” album) and again, it did nothing. Bonnet was fired and Barden was back in for the tour.

And here we are at album number 4 released in 1983.

Commercially, it stiffed again in the major North American market. It’s forgotten from the conversation.

But it’s a favorite.

I could have picked alot of different songs from “Built To Destroy” as it’s that good. But this time around I wanted to write about “The Dogs Of War”.

It’s written by Gary Barden and Michael Schenker.

Drums and bass start it all off. A simple groove yet so catchy with Schenker decorating the Intro with feedback, chords and leads.

It builds until the verses kick in.

Nothing worth taking, all was forsaken

A sense of loss as there was nothing of value left to hold onto or protect.

Hit on the blind side, caught in the spotlights

Exposed and vulnerable, as if suddenly thrust into the spotlight without any preparation, leaving you exposed and defenseless.

Warning came late, no chance of alluding

It conveys a sense of helplessness and a lack of options.

Shadows were long as they forged through the night

I like the way this is delivered vocally. It’s almost classical and yet it feels new wave.

The line tells me it’s about perseverance and determination amidst challenging circumstances.

Looking for signs of the day,
Deep in their minds as they walked out of sight

A sense of introspection and anticipation as we search for signs of hope or a brighter future. A mindset of seeking out positive change or opportunities in the midst of uncertainty or darkness.

The line “deep in their minds as they walked out of sight” suggests that despite being physically present, our minds are occupied with thoughts, hopes, and aspirations.

Mission completed all were defeated
Branded with fire, now filled with desire

“Mission completed all were defeated” suggests that a goal or objective was successfully achieved, but it came at a cost. The mention of being “branded with fire” tells me that the experience was intense and left a lasting mark. However, instead of being discouraged or weakened, there is a newfound sense of determination and passion, as they are now “filled with desire” for more.

Message came through on the wings of a prayer
Feelings were high for a time

The line “Message came through on the wings of a prayer” suggests that guidance or inspiration arrived unexpectedly, perhaps in a moment of spiritual connection or hope.

“Feelings were high for a time” indicates a period of excitement and enthusiasm following the completion of the mission. Emotions are intense and elevated during this phase, reflecting the sense of accomplishment and fulfillment.

Slap on the backs for the ones who had dared
To run with the wolves of our time

These lines honor those who have dared to defy conventional norms and expectations, applauding their willingness to take risks and venture into uncharted territories.

They embody the spirit of running alongside the metaphorical “wolves” of their time, showcasing their courage and tenacity in the face of adversity.

Michael Schenker embodies this spirit. At 15 he left Germany to join UFO in the U.K. Imagine that, in 2023.

The dogs of war, will bite the hand for a price, and then hear them roar

The destructive nature of conflict and the willingness of certain individuals or entities to engage in acts of aggression or violence for personal gain. The phrase “dogs of war” symbolizes those who are eager to participate in warfare or engage in hostile actions. They are portrayed as fierce and relentless, driven by their own motives and desires.

The line “will bite the hand for a price” suggests that these individuals are willing to turn against their own benefactors or allies if offered a sufficient incentive.

It implies that loyalty can be easily swayed by material or monetary rewards, and they will not hesitate to betray those who once supported them.

Their mission completed, the innocents bleeding

Overall, this phrase captures the bittersweet nature of achieving a goal or objective while acknowledging the devastating impact on the innocent individuals caught in the crossfire.

To buy someone’s freedom’ who pays?

The question challenges the notion of freedom as something that can be easily obtained through financial means. It prompts us to consider whether true freedom can be bought and whether the act of purchasing it merely shifts the power dynamics or perpetuates a system of inequality.

A lot of the lyrics in the 80s got blasted and they still get blasted by music writers as being immature.

That is the case for some songs and some acts still make a living on writing simple immature lyrics with simple rhymes, laced with sexual innuendos.

Then you get other lyricists who write with some depth and double meanings. Gary Barden is one such lyricist. He’s also pushed out the “tease/please/knees” kind of lyrics as it was a symptom of the era he was in but overall his output is a lot more mature.

And Michael Schenker. He’s a lifer and what a rollercoaster lifestyle he’s had. He didn’t top the charts as a solo artist but his impact is as large as his UFO and Scorpions career.

Check it out.

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