Tag Archives: copyright infringement

Copyright, Music, My Stories, Stupidity

Copyright Suits

Poor old Lana Del Rey. Radiohead are suing her for copyright infringement in her song “Get Free” which has a verse that sounds similar to “Creep” released in 1992. On her own Twitter page, Del Rey mentioned the below;

“I know my song wasn’t inspired by Creep, Radiohead feel it was and want 100% publishing – I offered up to 40 over the last few months but they will only accept 100. Their lawyers have been relentless, so we will deal with it in court.”

Boy George had the best quote on his Twitter account. “Radiohead were sued by The Hollies and now Radiohead are suing Lana Del Rey. Utter Madness!”

For those who don’t know, when “Creep” came out in 1992, everyone said how similar it sounded to “The Air I Breathe” from The Hollies, released in 1972. So of course if a song shares a chord progression and melody with another song, the artist must be sued for copying.

So the song’s writers Albert Hammond and Mike Hazlewood sued and received co-writing credits and a percentage of the song’s royalties. And now, Radiohead are doing the same.

But Radiohead claim they are not suing Lana Del Rey. All they want is a credit, and Radiohead’s Publisher disputes what Del Rey put on her Twitter account.

And how many copyright infringement court cases does “Uptown Funk” need to get through. The song came out in 2014. In 2015, members of The Gap Band were added as songwriters of “Uptown Funk” because The Gap Band had a song with the lyric “Oops! Upside Your Head” and so does “Uptown Funk”.

In 2016 it was certified Diamond for 10 million track sales in the U.S. Also in 2016, the funk band Collage sued claiming “Uptown Funk” was a copy from their 1983 song, “Young Girls”.

In 2017, Lastrada Entertainment, owner of the copyright of Roger Troutman and Zapp’s “More Bounce to the Ounce”, put papers in court claiming the first 48 seconds of “Uptown Funk” and the repetition of the word “doh” crossed the line into infringement.

Seriously, this is how messed up it all is. “Oops, upside your head” and “doh”, crosses the line into infringement. And suddenly the songwriters of “Uptown Funk” is starting to resemble a football roster.

And now at the end of December 2017 and going in to 2018, 1970s rap group The Sequence are suing Bruno Mars and Mark Ronson, claiming “Uptown Funk” is infringing on their 1979 single, “Funk You Up” and of course everyone wants credit and monetary damages.

The thing that is scary is that the people who sued Bruno Mars and Mark Ronson, believe that their words and music are totally original, created in a vacuum and free from any influence. I don’t think so.

And for even more stupidity, Taylor Swift has a lawsuit to contend with based on words and phrases.

The two songwriters Nathan Butler and Sean Hall believe they should be credited on Taylor Swifts song “Shake It Off” because a song they wrote in 2001 called “Playas Gon’ Play” has the phrase, “Playas, they gonna play/And haters, they gonna hate” which they believe Swift ripped off by having the phrase, “Players gonna play, play, play, play, play, and haters gonna hate, hate, hate, hate, hate,”

Wow. Just wow.

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

Scott (Stealing) Ian

Piracy, Copyright Infringement, Plagiarism, Website Blocking, Trans Pacific Partnership (TPP) and on and on it goes.

Why would anyone create music?

The record labels via the RIAA have screamed black and blue that piracy is decimating the business. They fought tooth and nail against every digital service and start-up. Yet year after year, it was digital music that was making a fortune for them, because all digital monies are pure profit. There are no manufacturing costs (like vinyl and CD’s), there are no warehousing and distribution costs and there is no breakage.

Remember Napster. It showed the recording industry what the majority of customers want. Access to cherry pick the song they want and access to listen to whatever they want. 17 years later, you can say that what Napster started has almost become a reality. The only outlier is that people still want to download mp3’s for free.

Which brings me to Scott Ian!

Can someone please explain to him what stealing really means because he is making metal heads look stupid and uninformed?

Downloading a copy of an mp3 is not stealing because the mp3 is still up on the web for streaming, purchase or downloading. If anything, it is copyright infringement.

But the question that he fails to ask is why are fans of Anthrax downloading their music illegally?

Is it because;

  • They download music and have no intention to pay for anything, not even a concert ticket of the said artist?
  • They download music because they have no other way to get it?
  • They download music because they have no other way to get it and they will purchase the CD eventually and even a concert ticket
  • They download music because they don’t want to pay Apple to download it, but they want it on their phone, and have every intention to purchase a concert ticket when Anthrax hits their town?

I can go on and on with different types of viewpoints of fans.

The value of music was originally inflated, because we, the customers had to buy an album worth of songs for the three, maybe five good songs. The hard-core super fans will always purchase, however the rest will do what they want to do, when they want to do.

As a collector, I still pick up CD’s of bands when they are super cheap like $5, years after the album was released and after I’ve streamed the album to death. And they are still in the plastic wrapping which I am sure once I have joined the afterlife, my heirs will commit them to a second-hand store or just toss them. The value of music is different from person to person.

But how many artists can safely say they know who their hard-core fans are.

I bet you there are always fans who purchase deluxe bundles, every time the said artist releases an album.

Is that buyer information getting filtered back to the artist?

It’s these fans, Scott Ian should be caring about. Are they getting any bonus offer, a loyalty card, a discount to a concert or a simple personalised thank you that makes the fan feel special for supporting the artists with every release?

Imagine the fan getting a hand written letter sent to their address that thanks them for purchasing the last four super deluxe bundles of the said band, and here is a bonus mp3 album for you to download plus a special VIP pass for their upcoming concert.

Instead, the fans are made to feel like criminals, for streaming an album instead of buying,  for cherry picking a few songs instead of paying for all of them or for downloading the album illegally.

That’s not the way it’s done anymore.

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Copyright, Music, My Stories, Piracy, Stupidity, Unsung Heroes

Rock/Metal Quotes

“Our first deal, for example, was for five records, so there was development there. They looked at it as: ‘Let’s invest in these first two records, and if nothing happens, no big deal. Maybe the third record will be the turning point, and then four and five we’re on the gravy train.’ I think that was the record company’s perspective.”
Alex Lifeson. RUSH

It was always the fan that had the power. Fans invest in the artist. It never mattered what the record company thought or believed as it was the fan who decided if the piece of vinyl was worth their money. The labels had the gatekeeping power to decide who got to a recording studio or who didn’t. And they used that power wisely to accumulate artists’ copyrights.

“If we were to release those same three records now: Fly By Night – the record company would’ve gone, ‘Okay, let’s hang on.’ With Caress of Steel, they would’ve dropped us right away, because it was a commercially unsuccessful record, but we needed to make that record to make 2112. So there would be no 2112 for Rush in 2015. I’d go back to plumbing or some other job. That just doesn’t exist now, whereas back then, as nervous as they were, they still were there to support us.”
Alex Lifeson. RUSH

The labels did not support the artist. They supported a copyright monopoly. Their accountants knew very early on that holding the copyrights for songs would be a big financial winner for them in the future. The labels have used their accumulated copyrights as leverage to negotiate licence fees with Apple Music, Pandora, Spotify, Deezer and all of the other streaming services.

To prove my point, let’s look at an Italian hard rock/metal label called Frontiers Records. Look at the albums they have released, especially in the last five years. You will see a trend of certain artists, re-recording their best songs from the Eighties and Seventies and putting these recorded versions under a new Copyright. Frontiers will pay the artist for their work, and they keep the copyrights of these forgeries for a very long time.

Who is the winner here?

The artist or the record label.

“For new bands, everybody makes CDs. Years ago, nobody had CDs. You had to have a record deal. Everybody’s got it [now]. And there’s so much competition. The Internet is good in a way to get your stuff out there, but the whole music industry is wrecked.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

“For me, it’s an interesting dichotomy. Because, on one hand, you’ve got people who are streaming, but then they use that to decide whether or not they wanna buy the album, as opposed to illegal downloading. But then there’s the other side of it where people are kind of using it as, basically, satellite radio, where it’s, like, ‘I’m just gonna listen to this.’ But people still pay a subscription for it. So, in one way or another, the economy is still working. It’s just that… We can’t catch up with the technology; that’s the problem. There’s so many innovations that the powers that be can’t figure out… they can’t get ahead of it.”
Corey Taylor. SLIPKNOT/STONE SOUR

The gatekeepers are no more. It’s an open market and simple economics rule. Supply vs Demand. Music at the moment is in huge supply and the demand from the fans is spread thin.

For example, in the next three months there are about 40 albums that I am interested in listening too.

For August, I am looking forward to Soulfly’s “Archangel”, Bon Jovi’s “Burning Bridges”, Disturbed’s “Immortalized”, Pop Evil’s “Up”, Five Finger Death Punch’s “Got Your Six”, Fear Factory’s “Genexus”, Bullet for My Valentine’s “Venom”, Act of Defiance’s “Birth and the Burial”, P.O.D.’s “The Awakening”, Motörhead’s “Bad Magic” and Soilwork’s “The Ride Majestic”.

For September, I am looking forward to Shinedown’s new one, Iron Maiden’s “The Book of Souls”, Slayer’s “Repentless” and Atreyu’s “Long Live”.

For October, I am looking forward to Children of Bodom’s “I Worship Chaos”, Collective Soul’s “See What You Started by Continuing”, Coheed and Cambria’s “The Color Before the Sun”, Deftones new one, Queensrÿche’s “Condition Hüman”, Sevendust’s “Kill the Flaw”, Trivium’s “Silence in the Snow”, W.A.S.P.’s “Golgotha” and Stryper’s “Fallen”.

Some I would buy and a lot I would just stream WHEN I HAVE THE TIME.

“All due respect to Mr. Simmons, I think when he talks about rock being dead, I think he talks about the old-school way of album-tour-album-tour-album-tour. That’s just not the way you do it anymore. There’s so many other things and ways to continue the history of this industry, and to continue to be on top. I mean, I’m looking out at headlining Download [festival] in the U.K. [Sarcastically] Yeah, rock is dead. That’s why there’s 85,000 people here at 11:30 at night in a downpour, and nobody left. Yeah, rock’s dead. Yeah.”

Corey Taylor. SLIPKNOT/STONE SOUR

Spot on. Fans of music haven’t disappeared and they haven’t resorted to freemium as the labels or the RIAA would like us to think. Fans still support music and artists in their own way. I purchase CD’s, I stream music, I download music and I go to concerts. The old model of album sales and then a tour is broken. So a new model is required.

“Well, we have such an incredible reaction to [JUDAS PRIEST’s latest album] ‘Redeemer Of Souls’ that really motivated us to crack the whip and get on with making the next record pretty quickly. The clock is ticking, you know. We can’t afford to wait three years, or five years now, to make the record. And especially while we’re having this great, kind of, vibe with the fans and just this massive PRIEST family love fest type of deal. You know, who wants to go home and sit down for a year?”
Rob Halford. JUDAS PRIEST

“Fewer records get sold or streamed, less money is there,” he continued. “You used to sell enough records to not go on tour. In the 90s, you used to make as much money on tour as you would selling records. Now you make one-tenth of that money on records sales or streaming. The biggest problem with the new record business is that I don’t know who the fans are. Fans are the people who will actually pay for something.”
Peter Mensch. MANAGER

They (the recording industry) have to. But probably the best route they should take, I think they’ve been playing catch-up for a long time — they’re constantly trying to readjust and adapt. I think that probably the truth of the matter, the answer is to start from scratch and create a whole new playbook. Build a whole new business plan off of that. I don’t think anybody, at least that I’m aware of, has done that, started with just a blank slate and just started over. I think that’s really what needs to be done. Just level the building and build something brand new.”
Dee Snider. TWISTED SISTER

Fans are people who will actually pay for something when they want to pay. Growing up the Eighties, I had a circle of friends who would wait with blank cassettes for the latest music I purchased. We had a running joke to say “the leeches are in the house”. These fans copied Motley Crue, Iron Maiden, Metallica, Megadeth, Whitesnake, Night Ranger and so many other bands from me. Their whole music collection was dubbed music.

So time goes on, they get older, they get jobs, the internet comes, Napster rises and suddenly they have money to spend. They didn’t start to purchase recorded music, they just downloaded that for free. What they did start to purchase was concert tickets for the bands they liked. When Maiden toured Australia for the “Caught Somewhere Back In Time” tour, they went to the shows in Sydney and Melbourne. I only went to the Sydney shows. When Motley Crue came for the Carnival Of Sins tour they went to the shows around Australia. I only went to the Sydney show. When Metallica came, they went to the shows around Australia, plus the Soundwave shows and so on. When Megadeth came, they went to their shows.

“Because, at the end of the day, it’s about people knowing the music, not owning it.”
Corey Taylor. SLIPKNOT/STONE SOUR

Perfectly said.

“The only thing that’s really been affected is albums sales. Because there’s still just as many rock fans out there as there were, and there’s a whole new generation coming up. I mean, the contracts that you signed back then — even today — you’d have to sell five, six million at a pop to be able to turn a profit. So, for people like me, it wasn’t about making money off the album sales. I mean, it’s be nice, but it wasn’t the essential.”
Corey Taylor. SLIPKNOT/STONE SOUR

“I’m talking about the cost to buy a CD. You can get a brand new record from your favourite band for ten dollars, basically. And even that’s high, ’cause most bands will sell ’em cheaper, especially the first or two the records are out. So, for ten bucks you can get a new record. I mean, it wasn’t that long ago that CDs cost $18.99 at the Virgin Megastore. Records cost half what they used to cost, and people aren’t buying them as much, which is crazy to me. It’s never been cheaper. What more do the people want?”
Scott Ian. ANTHRAX

No one wanted to buy an album. WE WANTED TO LISTEN TO MUSIC. It was unfortunate that the music we wanted to listen to was put on a piece of vinyl or a CD or a cassette and sold at a very high price.

“For me, the album is the calling card. You hope people are hearing the music, but it’s not essential to sell the music, and that’s the thing you kind of have to balance today.”
Corey Taylor. SLIPKNOT/STONE SOUR

“Right now I don’t even know what the music business is. I have no idea. There’s no record stores. We live in Los Angeles, and the radio sucks. It’s better elsewhere. The bands put an album out, and they don’t play it. Then everybody downloads it for free. And it’s a mess. ‘Cause people need to earn money when they play music, just like you go earn money when you go to work. It costs money to make an album. You can’t just give it away for free.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

But it’s not for free. The album that you recorded has been put up on a streaming site. The label that put it up was paid a fee to license the music they have on that streaming site. Speak to your label and re-negotiate. When people listen to your album, 70% of the monies go to your label. Again, speak to your label and re-negotiate.

What is better?

A million streams or a 1000 units in sales. A million streams shows a large audience supporting your product that is waiting to be monetized in other ways.

1000 units in sales shows a 1000 people who purchased your music and then maybe listened to it once or twice or a lot. The problem is the artists don’t know either way if those 1000 units in sales are fans or not.

“Cause people are still buying CDs, but they’re also buying music on iTunes, they’re paying for accounts on Spotify. So it’s not like they’re not hearing the music. So when they come and see the show, and you play a song that is brand new and you get that huge pop, that’s what it’s all about. It’s all about that live show”
Corey Taylor. SLIPKNOT/STONE SOUR

“I understand there’s a thing called the Internet and people have the ability to steal music. So I understand why it’s happening, but you would think that people would just have the attitude, ‘I’m gonna support music, I’m gonna support the bands I love, because if I don’t support this, well, the bands I love aren’t gonna be able to make records anymore and they’re not gonna be able to tour as much anymore.”
Scott Ian. ANTHRAX

Scott Ian is unfortunately stuck in the sales equals success mentality. As Corey Taylor has stated, fans of music support the bands they like in different ways. A typical fan could fit into any of the following combinations;

– Stream for free only
– Stream for free and purchase tickets to a show
– Stream on a paid subscription only
– Stream on a paid subscription only and purchase tickets to a show
– Stream for free and purchase a CD/mp3 only
– Stream for free and purchase a CD/mp3 and purchase tickets to a show
– Stream on a paid subscription and purchase a CD/mp3 only
– Stream on a paid subscription, purchase a CD/mp3 and purchase tickets to a show
– Purchase a CD/mp3 only
– Purchase a CD/mp3 and purchase tickets to a show
– Illegally download for free only
– Illegally download for free and then purchase a CD
– Illegally download for free, purchase a CD and purchase tickets to a show
– Illegally download for free and purchase tickets to a show

“Look, if I was a kid, and it was 1977 and I had a way to get KISS albums for free, I’m pretty sure I probably would have jumped on that bandwagon. But for me to get a free KISS album in 1977 would have meant having the balls to walk into a record store, take a vinyl album, stick it under my shirt and walk out without getting caught. There was a consequence to that. So it’s a completely different thing [today]. There’s no consequence to stealing music online … or anything: movies, or books, or anything.”
Scott Ian. ANTHRAX

Look Scott, when you were a kid, I am sure that you copied an album onto a cassette tape. That is called Copyright Infringement. This is the problem that you face with the internet. People have copied your music and are spreading your music via the Internet. No one has stolen anything. The iTunes mp3 is still available for purchase, the Anthrax albums are still available for streaming and so forth.

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

Being A Musician Means ….

I still have the debate with people about the economics of being a musician vs earning money and the debate always ends with me asking the question;

Would a musician prefer to have their song or album shared/copyright infringed on/pirated (use whatever word you want, depending on what side of the debate you are on) 100,000 times or ignored and not shared at all?

The same conversations come up over and over again.

Musicians are either complaining about streaming payouts, copyright infringement/piracy of their music or jumping in with the corporations or the lobby groups looking for stronger copyright laws and enforcement. However, the music business wouldn’t be a business if it wasn’t for the fans. The customer. The consumer.

So what value is there to the consumer?

You see once upon a time, the musician and the consumer met with the RECORD. The record was an attempt by the musician to make something unique and likeable that it could be purchased.

A musician and a listener met with a performance via Radio, a TV spot or some other form of promotion.

This kind of listener might not end up as a consumer of the recorded product however there was always a good chance that this listener might end up at a concert hence making them a consumer in a way. From buying the record or from buying a ticket to the show, all of the exchanges are very one-sided. It is all about money leaving the consumer and going to the musician. The musician believes that the value comes in the music they provide.

With so much competition in the entertainment industry these days, surely obscurity is a much larger threat to a musician than copyright infringement will ever be. The more a musicians’ music spreads, the more true fans they will find that will end up becoming consumers. It doesn’t mean that all of those people will become consumers.

There is tons of music available that I will listen to. I enjoy doing that, however it doesn’t mean I like it enough to become a true fan and invest in the artist. However with Spotify I am investing in them by listening to them. In the past, I could listen to an artist from a taped copy or a mix CD and the artist got nothing from those listens. In the end each consumer has so much money to spend on entertainment products.

I like drinking wine and one thing I have learned from all the drinking I have done is that the price of the wine is not always indicative of the quality. So with all of the discussions about taking away Spotify’s free tier, it doesn’t mean that people will suddenly start to pay for a subscription. Just because music has a price, it doesn’t mean that it is something of quality that needs to be paid for.

There are other similarities between the winemaking business and the music business. Even in the wine making business, there are brilliant wine makers from around the world trying to break through the monopolies that control different markets.

Just like artists starting off, young wine makers invest a lot of time and money in their craft/product without knowing if that investment will pay off. They do it because they love it. The weather could be that severe/extreme that years could go by with so little yield and zero income. And once they produce that wine, it doesn’t mean that they have a consumer base to market it too.

Anyone gone wine tasting. You are physically at the door of the wine maker’s house where they open up bottles of wine and allow you to sample them. That is how wine makers form their tribe. By their cellar doors.

Metallica are kings of the hill because they formed a tribe around the people who heard their music and those fans followed the band everywhere. It didn’t mean that all of those fans purchased their music. And then Lars Ulrich did his best to divorce the band from its fan base with the Napster shenanigans. However the boat already sailed, with a lot of free music from Metallica doing the rounds. All of this copyright infringement established a whole new tribe for Metallica that is still sustaining them to this day. Yep those free loaders from Eastern Europe, the Middle East, South East Asia and Central/South America have become consumers to their sold out shows.

The fans are all a musician has.

Warren Buffet (investor) has an investment rule that rings true here when I think about the current status of some of my favourite artists;

“Be fearful when others are greedy, and be greedy when others are fearful.”

Tidal is all about greed. Taking away Spotify’s free tier is all about greed. Destroying the public domain by hijacking copyrights true intent is all about greed. The whole music business is about income inequality.

So can anyone blame us when we, the consumers became fearful of greedy people.

I support what is in my opinion the best music. I know other people’s opinions differ from mine. That’s just life.

As a musician I would be happy if my music was downloaded illegally 100,000 times and I am not one of those deluded people that equates those illegal downloads to 100,000 missed sales.

Do the math.

With no downloads a musician has no fans/listeners/future consumers and no cash.

With a 100,000 downloads via cyber lockers or torrents, the musician has possibly 100,000 fans and no cash at this point in time. I know what I would prefer.

There is a reason why Metallica and Iron Maiden have played to large audiences in Eastern Europe, the Middle East, China and South/Central America respectively and it has nothing to do with sales of recorded music.

Fame always came after however MTV made everyone believe that fame comes first.

And musicians in most cases are ignored for long periods of time before they break through.

Five Finger Death Punch is a band that sells a decent amount of recorded music right now and they have been doing those numbers since 2007. However the musicians in the band didn’t just come from out of nowhere. If you look at the individual band members careers before FFDP, you will see musicians who have been ignored. Their previous bands did not set the world on fire, however it was all stepping-stones. And the musicians that have that mindset end up reaching the top. The ones that want only the fame and the money end up in the rear view mirror.

Europe is a band that I have followed since “The Final Countdown” days. I purchased their back catalogue once that album broke through. I purchased John Norum’s solo output and I hold the “Face The Truth” album (with Glenn Hughes doing vocals on quite a few songs) in high regard. I followed Joey Tempest solo albums and with pleasure I took in their comeback from 2004 and onwards.

The first version of the band came together in 1979 and was named Force. Via a song writing contest they got a recording deal in 1982 with a Swedish label. By 1985, they had some songs in a movie that gave me some more traction. Joey Tempest wrote a song for aid in Ethiopia however at this stage the band was still largely ignored. That all changed in 1986 with “The Final Countdown” album. The journey was seven years long. Compare that to some of the ideals today of musicians. They believe that by putting up a video or a song on YouTube, we should all pay attention.

Michael Poulsen from Volbeat was in a death metal band called Dominus from 1991 to 2000. Then he formed Volbeat in 2001. Their first album came out in 2005. For the next seven years they kept on building on their following and it wasn’t until Metallica took them out as an opening band that American success came knocking. By 2012, Volbeat was a big business.

Do the math on the years in between. Poulsen became an overnight success however that success was 21 years in the making and a large part of those years dealt with being ignored.

That is what being a musician is.

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

Just Another Day In The World

Game Of Thrones

It looks like Piracy does pay. The sales of DVD/BluRay box sets for Season 4 of “Game Of Thrones” are going crazy. Season 3 also experienced the same craziness.

Led Zeppelin

Meanwhile, an album from 40 years ago is back on the charts. Led Zeppelin, who was so late to the streaming party, is now fighting for a spot on top of the charts due to their fans streaming their music.

Sales

So the recording industries response to piracy is to have a global release day on Friday. Hello, its 2015. Every day is a good day to release new music because music when done right doesn’t need a blockbuster opening day. Last week, 36 Crazyfists released their album “Time and Trauma” with first week sales of 3,500.

Yeah, high fives all round. Let’s blame piracy.

Meanwhile, ageing rockers AC/DC moved another 8,000 units as they move closer to 500,000 sales. However, sales of 500,000 does not mean that the record is popular amongst their fans. Does anyone know if it’s continually getting played? It’s not on Spotify so we can’t use any data from there.

Meanwhile, the “Rock Or Bust” clip has over 7 million views on YouTube, while “Play Ball” has over 6 million views. However, if you compare those YouTube views to Slipknot’s “The Devil and I” 26 million plus views, it’s easy to see what fans of rock and metal are listening too.

But hang on a second, the media outlets give ink to the fact that AC/DC has almost sold 500,000 copies of their album, while Slipknot is closer to the 300,000 mark. Further evidence today, that sales don’t equate to the actual popularity of the album. Listening data does.

Sales are old school and they are not coming back. In Norway, piracy is non-existent however revenues from recorded music haven’t increased. Goes to show that people never really wanted to own music, they just wanted access to it.

American Sniper

However if an entertainment product is done right, people will still spend their money. “American Sniper” is a perfect example of that. The movie is all over the piracy sites, and it is also approaching the $500 million mark on Box Office Returns. Compare that to the “The Expendables 3” which bombed big time. One movie hit the mark with the audiences while the other didn’t.

So when something does well, piracy is not mentioned at all as maybe a possible reason for its success, while when something does not do well, piracy is always blamed.

Performing Live

For musicians, piracy is exposure. Machine Head grossed $33,000 for one show in front of 850 Head Cases. If they play 100 shows with the same return, that would mean, they would have grossed $3.3 million. It sure sounds like a decent take home.

On a larger scale, Slash Feat. Myles Kennedy & The Conspirators grossed $316,696 for a show in Dublin.

Music is all about people listening and if we listen and we like it, we will spend our dollars.

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

Seriously… Ray Luzier

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

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

Lets play a little game.

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

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

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

Does Ray even know the definition of stealing?

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

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

So what is it Ray.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Everyone Is Trying To Twist The Narrative To Their Own Advantage.

So Desmond Child is telling the world that Jon Bon Jovi, Richie Sambora and himself had to split a total of $110 in 2012 for the 6.5 million streams of Bon Jovi’s “Livin’ on a Prayer” on Pandora during a three-month span in 2012. Pandora’s published rate is about .0013 cents per stream. So doing the math, that means that “Livin On A Prayer” actually earned $8,450 for that three-month spell on Pandora. If that is true, that means that the songwriters are getting about 1.3% of the monies paid to the record labels.

Daniel Ek claims that Spotify will pay $6 million to Taylor Swift from worldwide streams. Swift’s label, claims that is a lie and that they received less than $500,000 for the streams. However what the label is forgetting to say is that the amount is for US streams only.

And Spotify argues that it is competing with free/piracy, while the artists side argue about Spotify not paying enough. They are two different arguments that have no correlation with each other whatsoever. When are people going to realise that Spotify doesn’t sell music, it provides access to it. And consumers like it, otherwise Spotify wouldn’t be starting to overtake iTunes in some markets.

Rob Zombie once upon a time hated copyright infringement and now he reckons it makes him more creative as he doesn’t have to write songs that fit a sales metric.

Lars Ulrich is now reserved and diplomatic in his responses to music piracy or copyright infringement. Maybe it is because he knows that if it wasn’t for music piracy, Metallica wouldn’t be playing sold out shows in China or the Middle East and some South East Asian countries.

Scott Ian wanted the people who downloaded the “Worship Music” album to be disconnected from the internet, even though they could have been fans who ended up purchasing a concert ticket and an over-priced T-shirt.

Gene Simmons famously said that downloaders/fans should be sued and also have their houses taken from them. He said that rock is dead because of piracy. Yngwie Malmsteen, Paul Stanley, Joe Perry and others agreed with him. Many others didn’t.

Internet Radio station Sirius XM is going to lose its case over pre-1972 sound recordings by the band The Turtles. The shameful part here is that the recording industry fought hard against making pre-1972 recordings fought hard against this. The hypocrisy here is huge. While the recording industry has fought so hard against making pre-1972 sound recordings subject to federal copyright laws, now they suddenly want aspects of federal copyright law (like public performance rights which did not exist under previous laws) to apply to those very same works. If Congress made it so those works were under federal copyright, there wouldn’t be an issue and all these works would be treated identically. But the truth is that the RIAA wants to keep these works out of federal copyright law to use them as a weapon against internet innovation.

Sony is re-evaluating it’s support for free streaming, however as a part owner of Spotify, I find it hard to believe that they will pull their catalogue from the free-tier.

Everyone is trying to twist the narrative to their own advantage.

Everybody has an angle.

And what about the musicians.

The hardest challenge facing musicians is getting people to listen to their new music and then getting them to stick around once the album because those big marketing awareness campaigns are goneski. It’s proven that they don’t work if the music is shit and the narrative is shit.

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Copyright, Music, My Stories, Piracy, Stupidity, Unsung Heroes

The Paul Stanley Article

The Article
Paul Stanley reckons that if KISS started today they wouldn’t stand a chance because the music industry as it exists today isn’t even an industry, it’s just shambles.

KISS didn’t really blow up until “ALIVE” came out. So in today’s standards or even the late eighties standards they wouldn’t stand a chance to reach their fourth or fifth album. The thing with Paul Stanley and Gene Simmons is that they base a lot of their decisions on what piracy and peer-to-peer downloading has done to the industry.

Now if you search the RIAA database for the band KISS, you will see that “Destroyer” is 2x Multi-Platinum and that happened in September 2011. Two other KISS albums have been certified 2x Multi-Platinum and they are “Smashes, Thrashes and Hits” and “Alive II”.

They don’t have an official album that has been certified more than 2x Multi-Platinum and piracy has been around since 1999. So even in the heyday of record label control, KISS were not large sellers of recorded music as they would like you to believe. Especially when you compare them to Pink Floyd, Eagles, Bon Jovi, Metallica and Motley Crue. It wasn’t until the KISS Reunion in the late nineties that KISS finally went from playing to 10,000 people to 40,000 people. Credit Doc McGhee with the vision to make that happen.

As for Stanley’s comments on file sharing, it just shows how out of touch he is.

“File sharing is just a fancy way of saying stealing. You can’t share what you don’t own. It’s like me saying, ‘transportation borrowing,’ and I steal your car.”

If a person illegally shares or downloads the song “Lick It Up” what that person has done is infringe on the copyright of the song. The song is still available on iTunes for downloading. The song is still available on Spotify for streaming. The song is still available on YouTube for listening. The song is still available on the “Lick It Up” album that is gathering dust in the record store waiting to be purchased. No one has stolen anything.

Paul Stanley also reckons like Yngwie Malmsteen, Kirk Hammet and Gene Simmons that younger bands don’t have a chance in hell of ever getting that pot of gold.

What about Five Finger Death Punch, Shinedown, In This Moment, Bullet For My Valentine, Skillet, Red, Trivium, Halestorm, Black Veil Brides and many more others that are releasing albums and going from success to success.

What about musicians/bands who have been doing the rounds since the eighties and nineties who have all seen an upswing in recognition and success like Slash with Myles Kennedy, Godsmack, Stryper, Volbeat, In Flames, Machine Head, 10 Years, Coheed and Cambria, Lamb Of God, Avenged Sevenfold and Killswitch Engage.

Now, Ed Sheeran has nothing to do with heavy metal or hard rock music however the work ethic and ideas that he exhibits should be noted. His current tour of Australia has one ticket price at $99. All of his fans will have the chance to sit in the front row.

This in a way takes out the elitist tickets. It makes it affordable for people with rich parents and not rich parents. This is in contrast to say Kiss who sell front row tickets for a premium of around $2000 for some shows. In Ed Sheeran’s case he keeps the front row tickets and gives them out on the day. He and his team try to find fans outside of the venue of fans in the nosebleed seats and give them front row tickets. And what an artist to fan connection he is establishing.

And for hard work, Ed Sheeran is up there. It took two years to sell two million copies of the first album through constant touring and intimate acoustic gigs and now it’s taken 14 weeks for his new album “X” to do the same.

This more or less proves the piracy argument decimating the music business is invalid. People still purchase albums along with streaming and downloading the songs. The great thing about musicians being worldwide right away is that if a song’s not successful in one country like Australia it usually is in another. Different countries have different tastes. You can always have a hit somewhere. But Paul Stanley doesn’t get that. Which is a shame.

I actually finished reading his book Face The Music last week and the impression I got from it was an out of touch and sheltered rock star. Guess his comments sum it up.

And the thing is Kiss’s best song in the last fifteen years has been “Hell Or Hallelujah”. So how about coming up with more songs like that instead of the other garbage that has done the rounds.

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

Customers And Creators. Fans And Artists. They are the ones that matter.

Village Roadshow is grasping at straws in their fight against piracy. Still failing to understand why it is a phenomenon and how it can be competed against. And the spokesperson for all of the propaganda and misinformation is Village Roadshow senior executive Graham Burke.

He has gone after Google because he believes that Google is deliberately misinforming the public in their arguments on copyright breaches and on-line piracy.

You see Mr Burke reckons that Australia needs stronger anti-piracy legislation in conjunction with expensive legally available products because he has reports that this kind of approach works in other countries. He also believes that a three-strikes policy will stop people from stealing. Yep, the CEO of Village Roadshow still refers to copyright infringement as THEFT. If copyright infringement is theft, then prosecute the thieves under theft laws.

Why go after them under Copyright laws?

Mr Burke points to the music business to debunk the theory that online piracy is primarily an availability and pricing problem.

Yes, Spotify and streaming services are all over the world and music piracy still exists. There is no doubt about that.

That is because people still want to download music for free, so where is the legal service that allows users to download mp3’s for free. Of course there isn’t a proper licensed one, so people turn to illegal downloading.

A free ad-supported service that allows users to download or trade in mp3’s will bring billions of dollars into the recording industry. Hell, the recording industry and the movie industry claim that pirated sites make millions upon millions from advertisements. So why don’t they along with iTunes, Spotify or a new player like Arena offer the same service.

Instead, we get Governments introducing new policies to “CRACKDOWN” on Copyright Infringement. And of course, these laws are all being collaborated in secret between certain interest groups.

As misleading as Graham Burke is, he has found an ally in Attorney-General George Brandis who benefited greatly from Village Roadshow in campaign contributions. In Australia, we pay the second highest honesty tax.

Yep, the powerful Retail Lobby groups pushed for a tax around $290 per household to offset the $AU1.86 billion in losses they incur from customer “deviant behaviour”. Let’s look at the deviant behaviour of Australians;

– Creating a fake US iTunes account to access and pay for content not available in Australia

– Using an IP Address to access content at a fairer price due to GeoBlocking.

– Illegally downloading TV shows, music and books from the internet for free, for personal consumption.

– Online shopping from other parts of the world because it is cheaper.

But the above behaviours are deemed “acceptable” by the people because hey, every news outlet reports that Australia has the highest rate of piracy. However, large organisations with a lot of cash, disagree with this. Instead of focusing on their models they focus on legislation. They need a tailored approach to their problem. If you have movie piracy, then it is your fault. If you have music piracy, then it is your fault.

Make your movie available as soon as it hits the cinema’s to download. Hell, most houses now have a home cinema.

But as long as people like Graham Burke exist and there are many of them, the industries will moan and complain. Once he finished with Google, he moved on to iiNet and accused them of “scaremongering”.

iiNet says that a graduated response is the wrong path to take in the piracy debate.

Village Roadshow wants to be judge, jury and executioner. There is no due process here whatsoever.

As we have seen with all of the takedown requests sent to Google, the Rights Holders are the main entities that are censoring the internet.

George Brandis has also labelled Australia the worst offender in the world when it comes to piracy.

So what we have here is a company called Foxtel (owned by News Corp) who has Game of Thrones locked up behind a paywall, claiming that over 500,000 Australians “legally watched each episode of the fourth and most recent season of Game of Thrones, but as many watched it illegally through online file-sharing.”

Then you have Choice, a consumer rights group that puts the blame at Foxtel’s ‘‘outdated business model’’ for the spike in GoT piracy.

So who is to blame.

500,000 illegally downloaded each episode according to Foxtel.

So why don’t Foxtel monetise those people by offering a service that benefits all. $10 to watch 10 episodes of Game Of Thrones, whenever you want. That is a cool $5 million.

Because in the end, all of these organisations in the middle, make their money from two groups.

CUSTOMERS and CREATORS.

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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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