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

So You Wanna Be In A Band

ENTITLEMENT

I feel bitter as I’m going through a clean up/archiving process of some old emails. What can I say, they just brought back so many bad memories from my ex band members.

The first thing that stands out is the entitlement of my ex band members. Just because they played an instrument on a song, they argued that they were entitled to a song writing percentage. Just because they suggested that we play the riff once instead of twice, they believed they were entitled to a song writing percentage. And the bass player who joined to play live gigs also put in a song writing claim.

The band was formed in 2008. The majority of the songs that I used in the band were written during 2004 to 2006. I registered the songs with the rights organisation during that time as I was planning on shopping them around to other artists. Even though I showed these facts to my band members they still argued with me over their entitlement to a song writing share for the songs.

Let’s face it, bands are complex beasts and very hard to hold together. Instant fame and riches could push aside some of those bad vibes for a little while or maybe even a decade. However those bad vibes will always come to the forefront until an explosion happens of mass proportions. Motley Crue and Vince, Axl Rose and the rest of the Gunners crew, Don Dokken and George Lynch, The Eagles, Machine Head and Adam Duce. And there are many more examples when that innocent love for music turns sour.

Arguments ensure over money all the time because each band member is on a different financial path. Some are on unemployment benefits, some are on unemployment benefits and casual wages, some are on something else all the time and some are full-time workers. Some band members are more important to the band than others.

The thing that pissed me off the most was when I used to hear the drummer or the bassist or the vocalist telling other people that they were involved in creating the songs and that they had some input. That piece of dishonesty didn’t sit well with me and still to this day it makes me bitter.

DISHONESTY

I know that all of the songs have been written by me and only me. I was the one that spent time away from my family to write the songs. I was the one that recorded them on my Zoom 8 track machine alone late into the night. I was the one who tabbed them on Power Tab while my foot was rocking the bouncer in an attempt to put them to sleep.

To me, if a person suggests that we do the chorus once instead of twice that is not a reason to add them as songwriters. They didn’t contribute anything musical to the song nor did they contribute any new lyrical ideas or melodies. All they did was suggest to play a piece of music/words already written once instead of twice. In an end of credits scroll list from a movie these people will be listed as editors. The writer is still the writer regardless of what the editors do with the script flow.

So of course, I confront the drummer at his dishonest statements, and of course he disagrees with me aggressively stating that he did provide input. Of course I don’t let it slide easily and I ask him what input did he actually have. What piece of music did he contribute? What lyrical verse or melody did he contribute?

He answers that he provided ideas on subject matter. I reply that an idea does not mean that he wrote any music and lyrics. He answers that he assisted with a melody in a verse. I ask him what did he actually change that was so different to what I wrote in the first place.

Singing a word by enhancing the syllables is not a reason to get a song writing credit. Otherwise, James LaBrie or Vince Neil would get song writing credits all the time. Hell, if I used the logic that the drummer put forward that would mean that Bruce Dickinson needs a songwriting credit for every single Iron Maiden song, even the ones from the Paul Dianno and Blaze Bayley era of the band as Bruce did enhance the vocal delivery.

At this point, the singer and the bass player are on the drummers side and I feel betrayed.

BETRAYAL

I remember the day when I got a call from the rights organisation advising me that counter claims have been made on the songs I wrote from the drummer, the bassist and the vocalist. I was in a state of shock. And boy did I hate and curse them bad. I will never forget that moment because it made me realise how deceitful and dishonest people can be.

I told the rights organisation that I do not agree with their counter-claim however the rights organisation did not care either way. The songs go into suspension and any money accumulated from them is held by the rights organisation. For the rights organisation it is a win win. But for me, it was a loss. I had to get a lawyer who charged an arm and a leg however the work that he did was not of the quality that he charged me for. I was told that the onus was on me to prove that I wrote the songs. I saw this as unfair and unjust. The onus should be on them to prove that they contributed to the song writing.

So why did all of this rubbish happen?

GREED leads to a sense of ENTITLEMENT. What I had was a bunch of average musicians that have never written a song in their lives wanting to change the truth so that they are seen as more important than what they really are/were. To prove my point once I was out of the band, in the space of eight months they didn’t write nor release not one NEW song. What a bunch of talents, hey? And then the band ended.

So while forming bands are initially fun, if any artist is serious about making it in the music business and they think that the above doesn’t happen then they are living in a delusional world. This is what happens in the real world because untalented people are greedy. This is what happens because untalented people want to trump up their efforts as being more important than what they really were.

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

Music Is All About Change

The new music industry is all about change.

Do you think that if you pull your music from Spotify that it is not available on YouTube with ad support (which means income) and with no ad support (which means no income).

The new music industry is about exploring different business models and seeing which one works for you.

Black Veil Brides had a Pre-Order pledge campaign for their new album and the perks on offer just kept on getting sold out. First week U.S sales are anaemic at 29,925 however does that mean that the album is not popular or that it is not a success. Go on YouTube. The BVBArmyVEVO account shows 2,206,786 views for the “Heart Of Fire” video, 1,208,958 for the “Faithless” audio and recently a clip went up for the ballad “Goodbye Agony” and that has already accumulated 464,059 views. Compared to their big song “In The End” with 36,560,728 views, you can see that the fan base is experiencing the band in many different ways. In this case, the band and their team (record labels, managers, accountants, lawyers and publishers) are making money from the Pledge Campaign, YouTube views, streams on other services, physical sales, mp3 sales and radio plays.

Coheed and Cambria had a vinyl remastered re-issue of “In Keeping Secrets Of Silent Earth” which sold out its first pressing and then they went on a sold out commemoration tour of the album. They are remaining relevant even though their last album came out in February 2013. For them, 2014 was all about touring, vinyl sales, special edition live box sets and merchandise.

Basically new business models from bands are reshaping the way music is marketed and distributed. There are countless new artists emerging and there are countless new ways for fans to listen to those artists.

The music industry of the past consisted of great control. Distribution in those days consisted of record stores. Technology has made way for new opportunities, thus creating new models. The internet has eliminated a lot of past costs within the music industry; this goes for the way music is recorded, the format of music, the marketing, and especially the distribution outlets. New models have taken away the control aspect.

Digital Summer recently asked a Facebook question to their followers about how does everyone find new music. They wanted to know how their fans had heard of them and where they usually hear new music they like? I went through the comments and grouped them into categories.

Radio like Sirius XM Octane, local terrestrial stations, Pandora, Slacker Radio, iHeart, etc got 137 votes for 26%. At this point in time radio is still the best way to get your music out there. However it is the Live show that seals the deal for the band.

Live Shows especially comments around the opening slot that they had on the current Volbeat tour got 121 votes for 23%. It looks like the band really delivers on stage. Also the comments kept on saying that the band members took time out to meet newly converted fans and showed them where they can get free downloads of the band’s music. It’s all about connecting with fans folks.

Word of mouth from fans or band members got 63 votes for 12%. With the internet connecting everyone, I expect this to be more relevant.

YouTube via the algorithm suggestions got 57 votes for 11%. The tech industry is fragmented. When you combine the platforms like YouTube, Spotify, iTunes, Twitter, Facebook, Instagram, MySpace, Online publications, other online platforms and Amazon, you get a 37% reach from the Techies.

Spotify via the similar artists feature got 30 votes for 6%

Twitter via the band members following someone and that someone goes on to check the band out got 25 votes for 5%.

iTunes via the Genius or suggestions based on previous purchases got 25 votes for 5%.

Promotions like having cool looking merchandise, flyers, giving away free demo CD’s, having their stickers plastered all over town, endorsement companies, music stores got 16 votes for 3%.

Other Online Platforms like Reverbnation, Soundcloud, Google Play, XBOX Music, Last.fm, Gaming Music Videos got a combined 13 votes which also equates to 2%.

Instagram via the band members liking photos posted by users or following users got 10 votes for 2%. This was a surprise, however the work that the band members have done on this site is astounding. One fan commented that they are a Gemini Syndrome fan and when they posted a photo of Gemini Syndrome on Instagram, one of the Winterstein brothers liked the photo. The soon to be fan, clicked on his account, saw they had a band, checked out the band and then became a fan.

Facebook and MySpace got 10 votes each for 2%. Goes to show that while Facebook is a good tool for connecting with fans once you have them, it is not a good tool for finding new fans.

Online publications like Stereogum, Loudwire, Jango, Revolver, Ultimate-Guitar got 6 votes for 1%. This is another fragmented industry. The online publications offer no substance, no personal opinion. It’s just all thumbs up, pat my back and I will pat yours style of reporting.

The Pirate Bay/Torrents got 4 votes for 1%. Looks like copyright infringement is not such a big issue.

Amazon got 3 votes for 1%. This is how I found out about the band. Their “Counting The Hours” album came up with bands I might like based on my purchases.

So what does tell any new artist trying to build a career in music.

Be ready to change on the whim and be ready to try different ways of promoting, connecting and marketing your music.

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

The Barrier Of Entry

It always pained me to talk about business models with the bands I was in, especially when the business started to change dramatically from the early two thousands.

The other members just believed that someone will find us, sign us up with millions and off we go recording and touring the world. They still had this view in 2010, when after another argument over business decisions, the band splintered apart.

So after I left, they signed a record deal with a small European label for the album that we just finished recording, and they had to pay $1500 Euro for that deal. WTF. After all of those arguments they still didn’t listen to me and they signed away my copyright to the songs that I had written to that label. Guess they just wanted to say to people that they had signed a record deal.

I contacted a lawyer who charged me $300 just for the consultation, however since the band was only a minor league band, it wasn’t worth pursuing in the courts and attempts at any mediation to have me set the record straight and get back my copyrights ended with further arguments and fisticuffs.

The songs in question are songs that I wrote for previous bands I was in and had them registered with a performing rights association years before my most recent band was even formed in 2008. So imagine my surprise when the performing rights association contacted me in 2010 saying that my ex band members have put in claims as songwriters. Even the bass player that joined after the album was finalised put in a claim for a 25% share of the songwriting.

The ugly truth of being in a band.

Just in case aliens are visiting the Earth right now, the “old record label business model” was to identify an artist, put them in the studio, release their recording on a format that a customer could take home and hope that it connects with an audience. That is what my ex-band mates wanted to happen to them in 2010.

This was the principle revenue stream for a very long time for the record labels. It was the sole purpose of their existence. Now that physical product is a loss leader. It has been reduced to an advertising tool to help the artist build a fan base and sell the live show.

Withholding an album from Spotify in the way that Coldplay or The Black Keys are doing is the wrong line of thinking in 2014. It’s back to the old paradigm of “windowing” and maximizing sales through physical retail or download stores first and then moving over to the streaming service when those sales die down. Windowing is still employed by the TV and Movie industry with zero degrees of success and a high rate of piracy.

However, Coldplay did release the singles to Spotify, so it’s no surprise that “Magic” has been streamed more than 55 million times on Spotify. To me, it seems that the recording industry is trying to re-create that “BARRIER OF ENTRY” around how they distribute new music today.

You see the music business once upon a time had a thing called “THE BARRIER OF ENTRY”. This barrier of entry was around which acts got picked up and which acts didn’t. This barrier of entry was also around which music was released and which music wasn’t.

Now the record labels could argue that this “barrier of entry” was the reason why the music coming out of their stables was of high quality. You know the model I am talking about, the one where the artist got lucky because they had some look that the label could exploit and by default they ended up getting a record label deal and the only way to hear all of their output was to buy an overpriced CD. And now those labels are not raking in the cash they used to get and they are blaming piracy.

Let’s look at three superstar acts today and how the show artists today, that the barrier of entry didn’t exist for them, because if you want it, you will do anything.

Metallica

“Kill Em All” was independently financed through independent record label Megaforce Records. Megaforce Records was founded in 1982 by Jon and Marsha Zazula solely to publish the first works of Metallica. The Zazula’s even had the Metallica guys living in their house because they believed in the music and the attitude.

Even Metallica’s “Ride the Lightning” album was recorded and originally released in 1984 through Megaforce Records. A few months later, Metallica signed with Elektra Records who re-released the album.

Motley Crue

The first album “Too Fast For Love” was independently financed via their own Leathur Records imprint in 1981. Leathur Records was a small imprint owned by the band and their original manager Allan Coffman. It was actually Coffman that coughed up the funds for it all.

Elektra Records signed the band the following year.

Five Finger Death Punch

“The Way Of The Fist” was recorded, produced and financed by the band members themselves. Once the album was done, they ended up getting a small independent deal to release the album. In its first week of release it did nothing, but four years later, it was certified GOLD for sales in the U.S.

Only after those bands had proven themselves as viable options did the major Record Labels commit to them. Because they saw dollars and profits. Nothing else.

What all of the bands above had was a product that was ingrained with a cultural movement.

Today, we have musicians promoting themselves on Facebook, Twitter or other social media outlets and in reality they still do not have an actual PRODUCT that connects. Getting 10,000 likes doesn’t mean 10,000 fans if no one is talking about your product or sharing what your product with others.

Don’t blame piracy, blame the lack of product because there is so much product out there today, we normally don’t go back to something we checked out once and didn’t like.

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Music

Who Should Be Credited For What?

As a guitarist, I more or less write a whole song from start to finish with completed lyrics and melodies.

When I was in bands, I would bring the song to the band and we would start jamming it. In the course of the jam session, the drummer comes up with a bass drum pattern under the current riff, so the second iteration I decide to syncopate the current chords with the pattern. Does that mean that the drummer now deserves a song writing credit?

The singer doesn’t like the chorus melody and suggests that we tweak it a little bit to suit his style. We try it out and it works. I don’t like it, however the band’s harmony is more important than my ego. With the vocal melody change, the underlying riff now needs to change as it sounds too busy. So instead of playing the busy riff, i move to just standard chords. Does that mean that the singer now deserves a song writing credit?

On both occassions the changes happened within the context of the song that I submitted. No new music was brought in and no extra lyrics got written.

The bass player locks in with the syncopated drum/guitar groove and suggest that we do that again for an interlude. The song didn’t have an interlude, so we try it out and it works well. It grooves. Does that mean that the bass player now deserves a song writing credit?

The above examples are all different scenarios that happen within a band and it those scenarios in the end that lead to court cases when bands break up or fire members.

There is always a main songwriter in each band. That is why in Motley Crue you see a lot of songs written by Nikki Sixx. Iron Maiden have Steve Harris. Skid Row has Rachel Bolan. Zebra has Randy Jackson. Badlands had Jake E Lee as the musical force and Ray Gillen as the lyrical force. Same as White Lion. Vito Bratta was the music man and Mike Tramp was the words man.

In the majority of the cases, the original song writer will be listed as the song writer. There could be a band agreement in place here that distributes monies earned from the songwriter to the other band members in relation to licensing royalties.

For example, “This Is A New Song” has Member A listed as the main songwriter and all royalties, licensing and publishing go to Member A. Member A has a band agreement in place that states that Member A needs to distribute 30% of those monies to the other three band members. So if the band has four members, Member A will get 70%, Member B will get 10%, Member C will get 10% and Member D will get 10%.

Then Member D gets fired or just leaves. The band agreement is renegotiated to include Member E who takes up the percentage of Member D.

When a band member leaves or is fired, they are angry. They feel betrayed. They want payback. They want recognition. So what do they do. They start legal proceedings. They start to claim they should be credited as songwriters. They start to claim mismanagement of monies and how they have been underpaid. They start to claim that “This Is A New Song” was their idea and that Member A took that idea from them.

For example, should Sting take all the Puff Daddy royalty monies? Apart from Puff Daddy lifting the chorus vocal melody, it is the Andy Summers guitar riff that is heard throughout his version. Granted, that the guitar riff is based on Sting’s chord structure. Maybe there needs to be a bit more common sense used for licensing arrangements if pieces of music are sampled.

I am currently listening to the Lynch Mob album called “Wicked Sensation”. It is a great album and it involves some of the best work of the guys involved. A look at the album credits shows that all the music was done by George Lynch. This is what bass player Anthony Esposito had to say about the song writing sessions that took place in an interview on the Metal-Rules website;

“George plays the way George plays and there are always little turnarounds that he’ll always throw in. Oni [Logan] is a genius at taking little things, like “Do that little lick, George. Give me that.” and making that the verse. … Oni’s very talented with that; you can hear what Oni did to George. My argument is that George goes around telling everybody that he wrote all the music, listen to every record George did after that and it doesn’t come close. WICKED SENSATION was completely a band effort and the reason why it came out so great is you had [Wild] Mick [Brown], Mick is like the king of the chorus, he writes these big choruses, these hooks, he’s like a Beatle guy. It was all of our colours and I’m the dark guy, I was always like the punk rock guy. I think I brought in the dark textures like “For a Million Years” and “Hell Child” that are like dark, you know, because Dokken wasn’t dark, Dokken was “foofoo”, with a great guitar player. Lynch Mob had none of that, it’s all the elements of the four of us and that made that record so awesome because it wasn’t just one guy writing it all.”

So let’s use Lynch Mob as an example.

George Lynch comes in with music. Let’s just say that it just riffs. No song structures, just riffs. Oni Logan picks out the bits that he wants and he writes vocal melodies to those riffs. So the music is created by George Lynch and the lyrics/melodies are created by Oni Logan. However, those initial riffs from George Lynch are just that, riffs, so the song is arranged by Oni Logan, as he was making the call on which pieces of music to use for verses and choruses. So should be another credit for ARRANGEMENT. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN
ARRANGEMENT – LOGAN

Another way is that George Lynch comes in with the music, all arranged in an intro/verse/chorus fashion. Oni Logan writes the lyrics to the Lynch’s arrangement. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN
ARRANGEMENT – LYNCH

Another way is that George Lynch comes in with the music, all arranged in an intro/verse/chorus fashion, however Oni Logan re-arranges the order of the riffs. The verse riff becomes the intro, the chorus riff remains as the chorus and the intro becomes the verse riff. Mick Brown then makes the chorus the pre chorus and a asks George Lynch to come up with a riff to suit his vocal melody. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN, BROWN
ARRANGEMENT – LYNCH,LOGAN, BROWN

Another way is that George Lynch comes in with the music and the lyrics with vocal melodies all arranged.If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LYNCH
ARRANGEMENT – LYNCH

In my view there needs to be a rethink here. How is the ORIGINAL CREATOR going to be credited? They are the ones that spent time in solitude coming up with musical ideas and the lyrical ideas before presenting it to the band.

Dee Snider is credited as the songwriter for Twisted Sister. He has a contract with Jay Jay French, where 20% of the publishing income goes to Jay Jay French. Should he have that contract? What about when the band goes through the process of jamming on Dee Snider’s mouth ideas.

The bottom line is this; if the original band stays together and it’s always smooth sailing and monies are paid on time and honestly (without any creative accounting) no one really cares who is credited. However as soon as band members leave and are replaced it starts to get messy.

Expect dirt like this to come out with Adam Duce’s case against Machine Head.

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Music, My Stories, Stupidity, Treating Fans Like Shit

The Departed Bassist Breaks His Silence; Adam Duce vs Machine Head

This is big.

Read the full story here.

If you don’t want to click on the link, here is the gist of the news;

SAN FRANCISCO (CN) – Machine Head kicked out bassist/co-founder Adam Duce just before signing a new record deal then falsely claimed he had quit the metal band because he was “sick of it,” Duce claims in court.

Duce sued the band, its three current members and manager in Federal Court, alleging trademark infringement, breach of partnership agreement and defamation, among other things.

Duce and defendant Robert Flynn founded the band in 1991. Machine Head has sold more than 3 million albums and done four tours that grossed several million dollars, according to the lawsuit.
For the first 10 years the band had various members, but from 2002 until February 2013, Machine Head consisted of Duce, Flynn, and defendants David McClain and Phil Demmel, Duce says.

The band formed a general partnership – Machine Head – and a corporation – Head Machine Touring Inc. – under which each member owned 25 percent. But despite this, Flynn got a larger portion of the band’s income, Duce claims.

The band released albums in 2001, 2003, 2007 and 2011 and toured after each release.
“Despite their increase in popularity and touring revenue, plaintiff became concerned with how little income he was receiving, despite the time and hard work put in to developing the Band,” Duce says in the complaint.

He says he questioned Flynn and the band’s manager, defendant Joseph W. Huston, but never got a satisfactory answer.

In 2009, Machine Head toured with Metallica in Europe, grossing more than $2 million. A 2012 Europe tour grossed more than $3 million, according to the complaint.

“After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that Huston, Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of ‘expenses,'” Duce says in the lawsuit.

Huston and the band’s management companies received a percentage of the band’s gross income, but the band members were not receiving “an income commensurate with the work put in and the income earned,” according to the complaint.

“Despite plaintiff’s expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser,” Duce says.

On Feb. 11, 2013, as the band was seeking a new record deal, “Flynn, Huston, and the rest of the Band ‘fired’ plaintiff – expelling him from the band after he put 21 years of his life into it,” Duce says.

Duce believes he was fired just before the deal was completed with defendant Nuclear Blast America to allow the other band members to make a bigger profit.
Flynn announced Duce’s departure on Machine Head’s website by “directly attacking plaintiff’s work ethic,” Duce says in the complaint.

“Therein, Flynn stated, inter alia, ‘We may have fired Adam on 2-11-13, but Adam quit Machine Head well over a decade ago. He just never bothered to tell anyone … but we all knew it.’ Flynn went on further in the diary entry, continuing to say about plaintiff, ‘No matter how un-happy [sic] or fed up he got, quitting the band would be seen as ‘losing’ or a ‘failure.’ Truth be told, he was sick of it. Sick of touring, sick of recording, sick of practicing, sick of looking at album artwork, sick of being-on-a-team-but-never-getting-the-ball, sick of yearning-for-the-honeymoon-to-resume when 20 years deep it never does. Sick of never quite hitting the big-time, sick of carving the niche … sick of caring.'” (Ellipses in complaint.)

Duce was replaced as bassist and back-up singer in June 2013 with defendant Jared MacEachern.

Duce says he still holds interest in the band’s partnership and company, but has not received any distributions from either. He claims that no agreement was ever made about his share of future royalties and profits.

The other band members “simply kicked him out of the band and presumed he would forget about over two decades of hard work, dedication, and effort he put into the Band,” Duce says.

The band continues to use Machine Head’s mark for musical recordings, live shows and merchandise, and performs as Machine Head, though the public associates Machine Head as “featuring Adam Duce playing bass guitar and singing backup vocals as it has for over 20 years,” according to the complaint.

Duce also says his likeness is used on the band’s website and in promotions without his authorization.

He seeks damages and punitive damages for trademark infringement, breach of fiduciary duty, breach of partnership agreement, intentional and negligent interference with prospective economic relations, negligence, defamation and unfair competition, and he and wants the band enjoined from using the Machine Head marks.

He is represented by Yano L. Rubinstein

When a member leaves or is fired from a band (depending on what story you believe), this rubbish normally happens and it is a dead set shame.

It will all come down to the band agreement in place. Being in bands previously, the band agreement is a document that is meant to be fair amongst the band members. Of course, in every band there is always one member that goes above the call of duty to keep the wheels turning, however their percentage split is still not that huge compared to the other members.

I think it is safe to say that Robb Flynn is that person in Machine Head that goes above the call of duty. He is a lifer when it comes to music. He lives and breathes Machine Head. He is the main songwriter, the one that goes home and thinks about Machine Head. The one that dreams about Machine Head. The one that stays to the late hours recording the albums, mixing them and all of that.

There are no winners in court cases like these except the lawyers/attorneys.

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