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

COPYRIGHT = Powerful Organisations Fighting Over Who Gets The Biggest Slice Of The Pie

The artists have the power. They are the ones that create the works, the songs. But it is the rights holders of the artist’s work (otherwise known as the Copyright Holders, aka, Record Labels) that are trying to organise deals with ISP’s, the Courts, technology start-ups, streaming services and the Government. They are the gatekeepers in the middle and they are more richer than they have ever been.

They are flush with cash. The internet was supposed to level the playing field against the major labels but it only made them stronger.

Why?

Because they are using their massive catalogs as leverage against streaming services and other technological start-ups. Much in the same they used their power against artists. And all of this because the artists sold away their power so that they could be given the chance to record and be a star. Like today, companies like Spotify are selling their shares to the record labels so that they could operate.

In Australia, the Attorney General’s Department is trying to make the ISP’s the RIAA Surveillance Force.

If anyone should be organising these deals it should be the ARTISTS/PERFORMERS with the USERS/CONSUMERS. No Corporations in the middle should be involved.

But that is not the case.

Because the Record Labels have benefited greatly from this Government created monopoly. Even in the U.S, the House of Representatives judiciary subcommittee will be meeting to discuss music licensing. The RIAA will be there, streaming services like Spotify and Pandora will be there and the music licensing groups will be there.

But why are they all there?

They are all there to ensure they get as large a slice as they can from the Copyright pie. Hell, YouTube is starting a streaming service and they are negotiating for lower rates than their competitors

Bad form.

As usual, missing in all of these Copyright discussions is the PUBLIC and the ARTISTS.

Copyright was created to promote progress in science and useful arts. It was never created to be a social welfare tool and it was definitely not created to enrich corporations and turn them into powerful monopolies.

Copyright laws need changing but that will never happen as the ones (RIAA, Record Labels) that control the money, will stand to lose a lot of it. That is why these corporations are NOT looking at ways to make Copyright better. They are just looking at ways to get the biggest slice of the current pie when it comes to Copyright.

Hey, pretty pretty
With the sweet sweet eyes
Order me up another slice of your pie

– “Slice Of Your Pie” – Motley Crue

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

What Do Artists Need? Stronger Copyright Laws or Better Business Models

I absolutely support that musicians should be paid for their work.

What I don’t get is how the record labels and misguided artists feel entitled to push for stronger copyright enforcement as a way to guarantee an income which is contrary to the foundations of what copyright was designed to do.

As we all know, Copyright laws have been hijacked by Corporations that at this point in time, copyright is contrary to freedom, and in particular freedom of speech, to a degree where it is illegal to sing “Happy Birthday” at a birthday party.

The “Happy Birthday” song goes all the way back to 1893 and right now it is “protected” by copyright until 2030 because someone decided to retroactively place it back under copyright. If that doesn’t tell everybody that something is very wrong with Copyright then I really don’t know what will.

Because people who really believe in stronger copyright laws believe that if those extra enforcement laws do not exist then musicians will cease to create. Those same people believe that if people are not paid upfront to write an album, then musicians will cease to create.

The maximalist viewpoint doesn’t seem to be supported.

Look at Sweden, the birth place of Spotify and The Pirate Bay. Guess what, the country has a thriving culture around music. Sweden to me is the scene to be at right now. Other policy changes by the Swedish Government around making medical care free has also contributed to this vibrant music scene. And all of this has been achieved with the threat of copyright infringement.

Remember all of the lies that have come out from the entertainment industries.

“Home taping killed music” was a good one. Guess that is why the music business and as a by-product the recording business grew exponentially once cassettes came into the market. I guess that is why no popular music has been made since cassettes came into the market.

The point is that copyright protectionism is purely about protecting old business models. Stronger Copyright has nothing to do about supporting thriving new industries. Stronger Copyright has nothing to do about finding new ways of doing things. The thing is the Copyright cartels have had a big win in successfully skewing the argument that file sharing is “theft”.

Remember all of those commercials about stealing that seemed to appear on a legally purchased DVD. The irony. I purchase a DVD and then I get blasted with ads that links copyright infringement to theft. BUT, if file sharing was actually “stealing”, then file-sharers could no doubt be prosecuted under existing theft law.

But they don’t. Because file sharing is not theft of property. It is a violation of copyright. That’s an important difference.

Duplicating a pile of 1’s and 0’s does not deprive anybody of the original content. What all of this copying does is drive down the value of the product. What is the price of a song when the internet is littered with millions of copies of the same song and they are free.

That right there is a market with a customer base in the billions and it needed to be satisfied. And that is where YouTube, Spotify, Pandora and other streaming services come into play. They are there to monetize that market by competing with free through ad-supported business models. Hey, if it is good enough for the free to air TV networks, why can’t it be good enough for music networks.

But this “free market” has a big problem when it runs up against Government protected monopolies.

And the thing is, people do also pay for music. Many studies are actually showing that the biggest consumers of illegal media are also the biggest purchasers of legal media. Ultimately this seems to show that people are more than happy to pay for content they enjoy.

Metallica’s self-titled Black album is still moving on average 2000 units a week. And it is doing this even though millions of copies of the album are available to be downloaded for free. It is doing this even though it is available for streaming on Spotify and YouTube.

Volbeat has been selling records on a weekly basis in the U.S since 2011. They are doing these numbers even though their album/s are available to be downloaded on peer-to-peer networks. They are doing these numbers even though their albums are available for streaming.

Same deal with Five Finger Death Punch, Avenged Sevenfold and Skillet. Still selling, regardless of the state of piracy.

So what is it. Do artists need stronger copyright laws or better business models and terms that pay them a fair days pay for a fair days work?

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

The “Respect Act” Does Nothing For The Artists But Everything For The RIAA and SoundExchange

I have been doing some reading on the “Respect Act” that is being pushed by SoundExchange the performance rights organization in the US that collects royalties. So the 1976 Copyright Act, made sound recordings from 1972 and after covered leaving all pre-1972 sound recordings in legal no mans land. Proponents for these recordings have suggested that one way forward is to retroactively say that all pre-1972 sound recordings are under federal copyright law.

BUT….

The RIAA has battled tooth and nail against this. Here are the reasons why;

Did you know that the copyright under state laws lasts so much longer. So in turn the record labels get to keep the copyright for a longer period. So the Record Labels and the RIAA like this.

Did you know that the copyright under state laws does not have any termination rights. The Record labels and the RIAA like this. In the 1976 Copyright Act, the original creator is allowed to take back their copyrights for all recordings released in 1978 and after. The Record Labels and the RIAA don’t like this and this is one of the main reasons why the RIAA has battled hard to not put PRE-1972 Recordings under FEDERAL COPYRIGHT.

Did you know that the copyright under state laws does not have a public performance right. That means that there are no necessary licenses for the streaming of such works. And it has been accepted in this way for over 40 years. And the “RESPECT Act” would only extend the performance rights part of the state laws to pre-1972 sound recordings, while leaving everything else about those works uncovered by federal copyright law. So the RIAA with SoundExchange is putting only the parts of copyright law that it likes on pre-1972 sound recordings, while keeping the remainder under state laws.

Yep it sure sounds like some RESPECT for the artists. This is from the press release;

“Project72 kicks off with an open letter, signed by more than 70 recording artists, calling on digital radio to treat all sound recordings equally and to “pay for all the music they play.”

I like how they emphasise the “pay for all the music they play.” So who will actually get paid? History has dictated that it will not be the artist.

I remember reading a statement from Roger McGuinn that he made before the U.S. Senate Judiciary Committee on July 11, 2000. And yes he is a supporter of “Project 72”.

Hello, my name is Roger McGuinn. My experience in the music business began in 1960 with my recording of “Tonight In Person” on RCA Records. I played guitar and banjo for the folk group the “Limeliters.” I subsequently recorded two albums with the folk group the “Chad Mitchell Trio.” I toured and recorded with Bobby Darin and was the musical director of Judy Collins’ third album. In each of those situations I was not a royalty artist, but a musician for hire.

My first position as a royalty artist came in 1964 when I signed a recording contract with Columbia Records as the leader of the folk-rock band the “Byrds.” During my tenure with the Byrds I recorded over fifteen albums. In most cases a modest advance against royalties was all the money I received for my participation in these recording projects.

In 1973 my work with the Byrds ended. I embarked on a solo recording career on Columbia Records, and recorded five albums. The only money I’ve received for these albums was the modest advance paid prior to each recording.

In 1977 I recorded three albums for Capitol Records in the group “McGuinn, Clark, and Hillman.” Even though the song “Don’t You Write Her Off” was a top 40 hit, the only money I received from Capitol Records was in the form of a modest advance.

In 1989 I recorded a solo CD, “Back from Rio”, for Arista Records. This CD sold approximately 500,000 copies worldwide, and aside from a modest advance, I have received no royalties from that project.

The same is true of my 1996 recording of “Live From Mars” for Hollywood Records. In all cases the publicity generated by having recordings available and promoted on radio created an audience for my live performances. My performing work is how I make my living. Even though I’ve recorded over twenty-five records, I cannot support my family on record royalties alone.

In a Ultimate Classic Rock interview, Roger McGuinn mentioned the following;

“In my case, I recorded ‘So You Want to Be a Rock ‘n’ Roll Star’ with Chris Hillman and the Byrds. Chris and I wrote it in ’67 and it was on our ‘Younger Than Yesterday’ album that came out that year. Then Patti Smith covered it in the ‘70s and Tom Petty covered it in the mid-‘80s and they both get paid royalties for performance but the Byrds don’t. It doesn’t seem fair.”

The RESPECT Act would still not change the part about getting paid royalties from the cover versions that people made of the song and the unfortunate part is that most of the royalties paid for digital streaming would go to the record labels who only paid him a small advance.

Did you also know that George Holding, the American Representative that is bringing in the legislation used to work for a law firm called Kilpatrick Townsend & Stockton that is well-known for its intellectual property practice. Sure sounds like a lot of RESPECT for the artists.

Did you also that John Conyer, the American Representative that is also supporting the legislation was involved in a copyright controversy when he opposed a bill that would make federally funded research freely available to the public. Conyers was influenced by publishing houses who contributed significant money to him.

Did you also know that Mark Farner, of Grand Funk Railroad would still not get a cent from his pre-1972 songs because after a dispute with the band’s manager over his $350 a week employee payments, he had to give up all the rights to the music.

I am all for artists getting paid. BUT in this case they are being used. They will not see a cent of these monies.

Another great article on the subject.

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A to Z of Making It, Music, My Stories

The Ugly Truth

The major record labels put money first while a true artist sees money as a secondary product that is made in the process of creating great music.

Record Labels live by a plan about what to release and when to release it, while an artist lives by using their intuition and experience. They improvise. That is why so many of the great songs that we have come to known are products of improvisation and jam sessions. Capturing lightning in a bottle.

Look at all of the Jimi Hendrix recordings released. Each one of them have different alternate takes of songs that failed to make the cut. He jammed and improvised those songs a hundred times before he was happy with the ebb and flow of the track.

If you want songs that make money right now, call Max Martin. If you want a career, improvise and allow those glorious experiments to grow and reproduce.

Record Labels want to sell a lot right now, while an artist is looking to have a career and live forever in the hearts and minds of music lovers.

Record Labels/Tour Promoters calculate while artists inspire. AJ Maddah is a businessman/tour promoter of the Soundwave festival here in Australia. However, he fails to realise that the reason why people go to Soundwave is not because of AJ Maddah, it is because of the acts. It is the acts that inspire and mobilise the core. Treat them with respect.

Technologists today are like the artists of the Seventies and Eighties, while those artists of that era are all entrepreneurs/businessmen.

Technologists are pushing the boundaries with their creations, dropping products that the public didn’t really need and then making the public want those products. In the meantime, artists are giving the public what the artists believes the public wants, so that they don’t lose the status that a hit song from 1986 created for them.

Hit songs/albums are not made by marketing or an artist telling the world it is their best work. They are made by cultures of people who connect with the song and then share their love of that music with others.

Record Label execs come and go, however the record label corporate entity still remains. Artists on the other hand are one. Once they leave, their creations stop.

Cheap mediocre goods might sell millions in retail businesses however mediocre doesn’t cut it in music. Hence the death of the album format.

Record Labels want safety and assurance that their risk will make money. Artists are all about risking it all until some of those risks start to pay off and then some of those artists start to become the same as the record label. Looking for safety and assurance. The others will still go out on a limb and risk it all.

Record Labels are all about the wealth, the Forbes Rich List and flying private. Artists are about the essence and then when they see the talentless executives living it up on the backs of their creations, artists change and become obsessed with the same trappings that consume the Record Label hierarchy.

Record Labels think of how they can monetise the album/song. That is why they strike corporate deals with other entities for crappy pre-release streams and so forth. Artists just want their fans to hear the new music and hit the road to promote it.

Record Labels lie while an artist lays it all on the line, by telling the truth and being transparent about their lives.

Record Labels want to reach people who will pay, while an artist wants to reach and touch everybody.

Record Labels cease to be when they run out of money, however an artist never stops creating.

Record Labels judge success by how much money the artist made for them. The artist judges their success by how many people their music touched and what impact it had on society and culture.

Record Labels are here today and gone tomorrow. Look at the situation we have right now. It is down to the big three. Of course we have the independent labels. Some are good and some are bad. However, music lives forever. We know that Metallica released the Black album. We know that it is still selling. Do we care on what label it was on?

If a record label exec screws up they could lose their job, however there is a good chance that they will find another high-powered well-paying job. If an artist messes up, there is a good chance they could lose their career.

Artists realise that music is a craft and it takes practice to nurture it to something great.

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

Chaos + Disruption = The Music Business

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are the benefits of going independent?

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

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

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

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

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

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

2019 Crystal ball predictions;

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

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

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

TesseracT – will become the next Pink Floyd.

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

Avenged Sevenfold – will become the new Metallica.

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

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

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

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

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

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

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

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

Lets see how it pans out.

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

Does a band have customers or fans? Read on metal heads and find out.

A customer is a person who purchases goods or services from another. A fan is an ardent admirer of a pop star, film actor, football team, etc.

So how can a band turn fans into satisfied customers that keep on coming back, again and again?

You ask any artist what kind of fan/customer they want and I guarantee you they will say statements like the following;
Fans who are loyal
Fans who spread the word
Fans who spend money on record music, concerts and merchandise
Fans who spend money on concert tickets
Fans who spend money on merchandise
Fans who interact with the band

So if artists want fans then the artists need to do more than just satisfying them. They need to bring the WOW factor to everything they do.

A lot of artists and their representatives come up with loads of dazzling ideas and packages however they are still rooted in the old record label business models.

For example;

Dream Theater has been pushing the same Super Deluxe packages since “Black Clouds and Silver Linings”. The packages have more or less been in the same format, same items and for the same price.

Avenged Sevenfold did a similar package for the “Hail To The King” album.

Five Finger Death Punch didn’t.

Trivium had album and merchandise specials happening.

Coheed and Cambria focused on the Deluxe packages.

Protest The Hero focused on their Indiegogo campaigners and the perks involved with that campaign.

What would have happened if the bands “under promised and over delivered”?

Imagine the service Roadrunner and Dream Theater would have done by giving the fans that purchased the Super Deluxe packages, a site to download the mp3’s when they found out the album leaked on the internet.

Protest The Hero did exactly that. As soon as the band found out about the leak on torrent sites, they went into action. I guess it helps to know who your fans are and to have that data handy.

Customer satisfaction is artists delivering on promises, like releasing a product when they say they are going to release it. Cough Cough, Live at Luna Park DVD.

Artists are doing exactly as they said they would and fans/customers are satisfied.

Imagine if the customers get something more than they expect, like more options, early delivery, a special download site when the album leaks, additional perks attached to the orders, access to demo’s or ideas that didn’t get developed further – I would expect the artist to end up with a very loyal and more than satisfied customer base, that can propel them into the next level of success.

It’s a simply idea. When we get a service that we don’t expect, rather than a service that we do expect the payoff can be enormous.

However under promising is not just about throwing in extras and doing things faster.

If the album is being released on Thursday 13 December, make the mp3 download available a week earlier to the fans that purchased the Super Deluxe package. “Great news, we wanted you to have the music as soon as possible. Click on the below link to download an mp3 rip of the album. No extra charge.”

It’s simple, all bands need to do is change their promise and watch satisfied customers become devoted customers. What do you think Lady Gaga and Kate Perry where doing with their “leaks” and then bringing the album release date forward. They were employing the under promise over deliver business model.

Every artist needs to be looking at making their fans become customers.

“Our audience are fans first and customers second. We really try not to annoy them.”
The above quote is from Stefan Mennerich, Bayern Munich Director of New Media, Media Rights & IT.

A soccer/football club is no different to a band or an artist. The devotion is there.

“You have to think about what the consumers want and tailor the experience to their unique interests. And the experience is also very different depending on the platform the consumer is using.”
The above quote is from Ken Fuchs, Head of Entertainment, Sports and Games at Yahoo!

This is how the record labels tailor the experience.

PRODUCT A is coming out on DATE XXXX.
IT COSTS $$$$.
PRE-ORDER it now at iTunes, Best Buy, Amazon.

Wow, what an experience for the fan.

Imagine if the above experience was tweaked.

BAND A is releasing a PRODUCT A in three weeks’ time.
GO to YOUTUBE now and watch a recording of BAND A performing the songs live in the studio. That same recording is available to be downloaded as an AVI file and an MP3 rip via BitTorrent.

BAND A is releasing a PRODUCT A in two weeks’ time.
Go to YOUTUBE now and watch the latest video clip.

MP3 downloads are available for the Super Deluxe Package orders RIGHT NOW. That’s right, this is 2 weeks before the actual release date.

BAND A is releasing a PRODUCT A in two weeks’ time.
We have a special MP3 deal from our website. For $5 you get an mp3 rip of the album, regardless of your geographical location. This is a two week sale before the official release date.

One week before the release date, the album is available for STREAMING at YouTube, Spotify, iTunes Radio and Pandora.

The sad thing is no band with major label backing would do the above because for some insane reason they still believe that the charts matter.

DREAM THEATER LIVE AT LUNA PARK DVD IS #1. THE NEW DVD FROM THE GRAMMY-NOMINATED BAND IS CURRENTLY ATOP THE SOUNDSCAN DVD CHART.

See what I mean.

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A to Z of Making It, Music, My Stories

The Gremlin Day, Generic Metal & Protest The Hero’s “Underbite”

You ever had a gremlin day. I have. You know one of those days when conventional wisdom falls over. One of those days when things that always worked ceased working the same as they always have for no real reason.

It makes you question everything. It makes you feel paranoid and you start to believe that everything you have done up until that point is rubbish.

From my perspective, I work in IT and I have been working on a project since August. We implemented successfully over the weekend, however on Thursday before the weekend implementation I questioned everything and I was about to pull the plug on it.

This is what normally begins to happen when you spend so much time on the one piece of work. This is why Top 40 sounds so bland and processed. Using I.T. speak “the Top 40 has been tested to death.”

The songs go through so many rewrites it’s not funny. That is why you have as many names as “The Last Supper” listed as songwriters of the generic and lifeless Top 40.

However Heavy Metal and Hard Rock music is generally written “in-house”, meaning that most of the material is written within the band. So why are we getting a similar generic output as the Top 40. Why are we getting lifeless and soulless songs that mean nothing and say nothing and to be honest if I heard them live I would probably yawn. The artists that created something great always lived on the edges, merging various influences and styles. However, when one artist sees another artist strike a pot of gold, they follow suit, believing that the same pot of gold would come to them if they replicated what the other artist did.

For example, every band wanted to be like Bon Jovi in 1987 and by 1988 every band wanted to be like Guns N Roses and by 1989 every band wanted to be sober like Motley Crue and by 1991 every band wanted to be Metallica and by 1992 every band started to incorporate grunge influences.

I started thinking about the above, after listening to the song “Underbite” from Protest The Hero and after watching the hilarious puppet clip. The Protest The Hero channel is showing that the clip has had 112,436 views. Not bad for a fan funded band that was told by their record label that are washed up.

Underbite means the projection of the lower teeth beyond the upper teeth. Protest The Hero have taken that term and twisted it up to include the rock n roll show. They are focusing on the generic mediocrity of artists who go out there and fake it. They are focusing on artists and labels that couldn’t care less about the fan experience. They are focusing on artists and labels that care about maintaining the status quo and the profits that came with that.

Jon Bon Jovi is one such artist that comes to mind. Eventually the shows sell out on this tour however for the first time ever, Bon Jovi concert tickets got the reduced treatment on Living Social and other web outlets. If he tours again next year and charges the same high prices, he will be in for a shock.

The Rolling Stones is another.

Motley Crue have gone back to the same marketplace again and again since 2008’s “Saints Of Los Angeles” and with each re-iteration they are getting less and less to the show.

Metallica needs new music to come out. It has been a 5 year victory lap for Death Magnetic and with 2014 approaching, that will make it 6 years.

Black Sabbath is another. Watching Ozzy sing live was a joke and he had the balls to say in interviews that Bill Ward couldn’t perform live because he was old, overweight and he had to use post it notes to remember his drum tracks. Well Ozzy is old, out of key and he never strayed too far from the prompts as he struggled to remember the lyrics.

The song Underbite also focuses on artists who see themselves as gods and their fans as stupid kids who are expected to consume every piece of music they produce regardless if it’s good or not. It has lyrics like “An understanding between you and I that the ground that you stand on is somehow less than mine” and “Now you comprehend our complex relationship—consumer/consumed, You’re just some stupid kid and I’m a megalomaniac.”

The part in the film clip where the fan goes to purchase the merchandise is so spot on. I could relate as it happens to me all the time.

First, the merchandise stand rarely has the size that a person wants. Good luck to all the ones that rush in and get it early and bad luck to the fans who get their later or the fans who just want to purchase merchandise later.

Then the prices are ridiculous. So as the clip shows, you end up forking out a decent amount of cash for a band t-shirt that doesn’t fit or is too large.

I really like the lyrics about “You’re disgracing your effort by conforming to textbook performance of music to fill in the gaps.” This is about going through the same motions and the same dialogue and the same songs day in and day out.

“Let’s not repackage the same old performance, Original content is so much more rewarding.”

While I love Twisted Sister, I don’t agree with the viewpoints put out by them, that there is no need for them to create new music. Dee Snider has mentioned that there is no motivation to write any new songs while Jay Jay French and Mark Mendoza have talked about giving the fans what they want in the live show and how if a new song is played these days from the classic rock bands, the fans see it as a toilet break. While each performance is unique due to Dee Snider’s banter, the songs however don’t stray too far from the first three albums era.

How many times can Iron Maiden revisit their past and repackage past tours as current ones. “Caught Somewhere Back In Time” and “Maiden England” are two that come to mind in the last 4 years. While the “Caught Somewhere Back In Time” tour broke box office records, the “Maiden England” tour not so much.

Their show at the San Manuel Amphitheater, Devore, California on September 13, Iron Maiden got 27,000 fans in a venue that fits 41,000. Megadeth, Anthrax, Testament and Sabaton also appeared on the bill. Of course 27,000 is a massive attendance however the venue is just over 50% full. Iron Maiden needs new content and great content at that.

Listen to the song. There are some hard truths in there and Protest The Hero try to cover them all.

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A to Z of Making It, Music, My Stories

Who Is the Real Star? The Band Name or the Personnel In The Band

There is an article doing the rounds at the Hollywood Reporter about how “The Walking Dead” is TV’s number 1 show and that the stars of the show are still largely unknown.

So it got me thinking. I was very interested to check out the show based on my love of the Horror genre. Once I checked it out, I was hooked. I didn’t start watching the show because they had certain actors in it. The only actor I was aware of was Daryl’s brother and that was from the movie Cliffhanger with Stallone and that was after watching a few episodes. So I got into the show because i was a fan of the horror genre.

However I got into “Sons Of Anarchy” because hard-core friends eventually got me to invest some time in it.

The point I am trying to make is that we get into certain TV shows, movies or artists based on a thousand different reasons. One thing is clear; we don’t get into these cultural icons because of the people in them.

For example, when Metallica started on the scene, no one was walking around saying that they got into Metallica because James Hetfield was such a cool cat or Lars Ulrich was the man. We got into Metallica for multiple reasons. For example, we were fans of the metal genre, the songs connected with us; we wanted to be part of the conversation and so on. From the outset, we become fans because of the music we hear.

That is what culture is all about. Sharing stories about the things we love.

Of course some outliers do exist and some artists have a cultural influence that transcends their music. They become institutions themselves. For example, Slash is now a cultural institution. Ozzy Osbourne is a cultural institution albeit with a lot of help from his “friends”. Nikki Sixx is a cultural institution. Robb Flynn is a cultural institution. Dee Snider is a cultural icon. These artists can all survive on their own. They are brand names themselves.

It’s taken Slash almost 14 years from when he left Gunners to re-establish and re-brand himself as a force to be reckoned with. That happened in 2010 with the release of his solo album and with a little help from his friends.

Randy Rhoads and Bob Daisley helped Ozzy Osbourne break the shackles of Black Sabbath. Jake E. Lee and Phil Soussan enhanced what Randy Rhoads and Bod Daisley created. Zakk Wylde turned it all into a blockbuster with “No More Tears” being the pinnacle.

Nikki Sixx re-invented himself and Motley Crue by first gaining control of Motley Crue’s back catalogue from Elektra Records. A task that no other artist had accomplished before. Then he pushed for the writing of “The Dirt”. Since then, he has become a solo artist with Sixx AM, a song writer for other artists, a social media junkie, a photographer, a literary writer and a radio personality.

Robb Flynn showed the world that he can survive. He really went out of his comfort zone recently and performed acoustically. He survived the “Through The Ashes of Empires” era and lived to tell the tale. Talk about Grit and Roll. It was music all the way, with no safety net. No plan B. His Journals are pure gold. Even if you don’t like Machine Head’s music, you can still appreciate the Journal Ramblings. For any artist starting off, there is information in there that is real. There is information there that is not sugar-coated by a mainstream writer.

Dee Snider, what else can be said. Read his bio.

These artists have all connected with us on different levels. They have become so large in people’s lives that they have become cultural institutions themselves. We then stick with these institutions through the good times and the bad times.

So what about all the other artists. Well for the remainder of the artists it is still about the music. They need to have the music pumping out and they need to make connections.

Dee Snider once said that there are no more rock stars in this day and age. I took that to mean, that in the internet age, there are no real recognizable faces to put to certain bands. While I agree with that comment in parts, I also disagree with it.

For example, Coheed and Cambria has Claudio Sanchez. Watch them live and you get to see the hair. Instantly recognizable.

Five Finger Death Punch has Zoltan Bathory with the dreadlocks and the UFC/mixed martial arts look. They have Ivan Moody and the Mohawk.

Shinedown has Brent Smith, who performs like an adrenaline injected Steve Tyler.

Black Veil Brides have, well they have the whole band.

Avenged Sevenfold have Eighties rock star stage names with instantly recognisable faces.

However if any of the band members in the above mentioned bands, decide to go on their own, it will be a tough slog for them as the bands they are in have all become cultural institutions. Then you have a band like Protest The Hero who look like normal guys going to University.

So going back to “The Walking Dead”. The show is the rock star. That is the cultural institution.

So for any wannabe rock stars, think about all of the above for a second. No one is going to wake up tomorrow morning and think to themselves, “damn, I want to hear some music from Zoltan Bathory, or “Insert New Artist name here””.

We wake up in the morning and think to ourselves, “damn, we want to hear some Five Finger Death Punch. We wake up and go “damn its “The Walking Dead” tonight.”

That is what a lot of misguided artists fail to grasp when they leave a certain cultural institution citing musical differences. They (meaning the person) were never the stars. The band name is the star and it always will be.

That is why Guns N Roses is still rolling along, playing to large audiences.

That is why Tommy Lee returned to Motley Crue.

That is why James Hetfield returned to Metallica after rehab. That is why Lars Ulrich never contemplated anything else except Metallica during this period.

That is why Dave Mustaine resurrected Megadeth after he disbanded the band.

That is why Dimebag didn’t want Pantera to end. He knew that Pantera was the star.

That is why David Lee Roth worked with Van Halen again. That is why Sammy Hagar wants to work with Van Halen again.

That is why Alex Skolnick returned to Testament.

That is why there is a fight over who owns the right to the Queensryche name.

That is why Benjamin Burnley went all legal for the right to use the Breaking Benjamin name.

That is why Bruce Dickinson and Adrian Smith returned to Iron Maiden.

That is why Rob Halford returned to Judas Priest.

That is why Black Sabbath reformed with three of the original members and released ’13’.

That is why bands like Ratt, Quiet Riot, Dokken, Poison and Skid Row are still continuing.

That is why Joey Belladonna returned to Anthrax and why Scott Ian is still continuing the band.

That is why Slayer is continuing without Jeff Hanneman.

To finish off with the immortal words of Ronnie James Dio “And on and on and on and on it goes….”

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A to Z of Making It, Music, My Stories

Is Guitar World Still Relevant?

Once upon a time getting on the cover of a magazine was a sign of success or of dreams coming true. For the musical fan, the magazine was the only way that we could get any information from our favourite artists. The heyday for the metal and rock movements was the Eighties. Hundreds of different magazines appeared that covered certain genres and information was plentiful.

I started purchasing Guitar World magazines from January 1986. Any magazine that had content of bands/artists that I liked I devoured. Circus, Faces, Metal Maniacs, Rip, Metal Edge, Hit Parader, Guitar For The Practicing Musician, Hot Metal, Metal Hammer, Kerrang, Guitar School, Guitar One, Total Guitar, Guitar Player and Guitar.

So when I saw my favourite artists or guitarists on the cover of magazines I saw it as a sign of them making it. In all of the interviews, most of the guitarists said it was a dream come true to be on the cover of a Guitar magazine.

So how important is it to an artist to be on the cover of Guitar World today? I still subscribe to this magazine and I had all the issues for the year mapped out in front of me.

This is the cover roll for 2013.
December – Nirvana – In Utero Anniversary
November – John Petrucci
October – Synester Gates / Zacky Vengeance
September – Ultimate Prog Roundtable/Asking Alexandria
August – Jeff Hanneman Tribute
July – Tony Iommi and Ozzy Osbourne
June – Dave Mustaine / Chris Broderick
May – Brad Paisley
April – Orianthi
March – SRV “Texas Flood” Anniversary
February – The Who / Pete Townsend
January – Led Zeppelin Rides Again

Looking at the covers, I started to realise something.

Guitar World likes to play it safe. Sort of like a record label in the current environment. They are going for the sure bets, going where the money is. There is no onus on going out there and taking risks. They are looking for the hits, so that they can sell advertising.

If the “legends” have something happening or an anniversary of an album, it is a good bet that they will get a cover. Led Zeppelin, The Who, Stevie Ray Vaughan, Tony Iommi with Ozzy Osbourne and Nirvana. 5 issues out of 12 devoted to “legends”.

Then you have the tribute piece, which in this case it the Jeff Hanneman issue. Expect one to come out for Lou Reed soon.

Then it is focusing on the stars that have been proven successful previously in the magazine, like John Petrucci, Dave Mustaine and Avenged Sevenfold, who of course wouldn’t even be considered unless they have new releases coming out.

Then it has the obligatory issue with a woman on the cover. I actually liked how they covered Orianthi however the interview was a mish mash of information found on Wikipedia and PR rewrites. There was nothing there that couldn’t be found on the web.

The only issue that involved some ‘originality’ and some risk taking was the Brad Paisley issue however again after reading the interview piece, I was left wondering if the final printed version was re-written by a PR person of the artist.

Robb Flynn’s recent journal about the Through The Ashes of Empires anniversary, mentions the following in relation to mainstream media;
“The American metal media blacklisted us, magazines like Revolver told us, “we can’t cover you, but if you get to 50,000 copies we’ll give you an article.” When we got to 50,000 they said, “Well, when you get to 70,000 we’ll give you an article”. When we got to 70,000 they said, “well, the record is too old now.” The metal media of the time continued that blacklist well into “The Blackening” album cycle, when after that, they just didn’t matter anymore.”

So taking Robb Flynn’s comments and putting them up against the Brad Paisley cover issue, the originality comment I mentioned earlier doesn’t seem to fit. Brad Paisley has four pages of certifications on the RIAA Gold and Platinum database. His sales are well over the 50,000 and 70,000 ranges quoted, hence a cover.

Don’t get me wrong, each issue is still enjoyable and the lessons, plus the tabs are the reason why I still subscribe to it. However, with user posted tabs on the rise in greater numbers on the internet (along with peer reviews and edits), plus YouTube videos of guitarists covering their favourite songs, in addition to the artists themselves delving deep into the “how to play” department, does a magazine like Guitar World still have a relevance in today’s market?

It all depends on what Guitar World wants to achieve. People still like to read a nice interview however over the last decade all the interviews seem like they have been written by a PR team for the artist. Furthermore, artists can go straight to their audience today. The journals that Robb Flynn is producing are pure GOLD. So why would artists wait for the chance to appear in a magazine which could or could not happen.

Guitar World is in the business of selling advertising. It is using music and artists as it’s tool to sell advertising.

So if you are an artist, what does the mainstream press mean to your career?

In my point of view, no artist should equate mainstream press with success. Artists are on the front page for a day, and in most cases they are gone.

Has anyone read anything on Dream Theater’s or Black Sabbath’s new record the last few weeks? Dream Theater and Sabbath made a mistake. Their marketing campaign was better and larger than the music on the album. At the end of the day it’s what goes into our ears that matters. No one cares about the interviews or the press.

The publicity campaign worked once upon a time, however it doesn’t work any longer. If artists want to be around forever they need to understand that they need to grow slowly. If you peak, you should want it to happen deep into your career.

The only press that Megadeth is getting about their new album recently is that the Metallica Black album is outselling it on a weekly basis.

So what have we learned?

A cover on a magazine does nothing for your career. If you want to last in the music business, you need to earn it.

A scorched earth publicity campaign could see an increase in sales NOW. However, fans don’t want to be beaten upon the head every time you release music. In the end, great music will find its way to an audience.

The recording business is about listenability and repeatability. People could say that a track is good or bad. However will they play that track over and over again. That’s the reaction you want. If you plan to record, you need that track.

The goal of an artist is to write great songs otherwise say hello to obscurity. That is what gets people interested. Great music, great songs.

If you are not passionate about what you do you’re never going to make it. You need to be more into it than we are. You need to live for it.

For comparisons here is the list from 2012.

Holiday – Joe Perry (Legend)
December – The Beatles (Legends)
November – Billie Joe Armstrong (Safe Bet + High Sales Numbers)
October – Billy Gibbons (Legend)
September – Steve Vai & Tosin Abasi (Legend and Newcomer)
August – Van Halen (Legend + High Sales Numbers)
July – Slash (Legend + High Sales Numbers)
June – Slipknot (Safe Bet + High Sales Numbers)
May – Joe Walsh (Legend)
April – Van Halen (Legend + High Sales Numbers)
March – Lamb of God (Safe Bet + High Sales Numbers)
February – Pink Floyd (Legend + High Sales Numbers)
January – Billy Gibbons (Legend)

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