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.

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.

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?

What I Am Over Reading …..

Metallica’s New Album

Seriously it has been six years since Death Magnetic was released. For the last six months, the band has been working on songs. They have mentioned in press interviews that they have thousands of riffs stockpiled. The hype means nothing in 2014. Do people want a full Metallica album every six or seven years? I know what I would prefer, more quality frequent releases.

In relation to new music, “The Lords Of Summer” is the only new offering, while “Beyond Magnetic” broke the cobwebs on some old Death Magnetic demos. And the less said about “Lulu” the better.

However the Metallica live show sells out.

Led Zeppelin ReIssues

Seriously. How many times can someone own the original three albums or the songs contained within those albums.

Rockstars becoming owners of ,insert business venture here>

The fans want you to write music and play for them. Instead we get our heroes become owners in football clubs, technology start ups and so forth.

Piracy

Seriously. Is this still an issue in 2014?

YouTube and Spotify more or less have everything that a person would want. However the labels along with the RIAA still use piracy as a means to get more laws written. In Australia, our Attorney General is talking up a three strikes policy as a means to combat piracy even though evidence from all over the world has shown that these policies have done nothing to stop copyright infringement.

It’s because the people have no respect for copyright law anymore and the corporations that abuse it. Music survived for centuries upon centuries because there was no copyright. Artists copied each other. Music and melodies got passed on from family members to family members via copying each other.

Google Needs To Do More

People like U2 manager Paul McGuinness or the RIAA or the MPAA or the various bots they employ to issue takedowns need to get a life because Google is not to blame for copyright infringement. Google is not to blame for the THEFT of music. I believe the latest comment from McGuinness is that “Google is the greatest theft enabler on the internet”.

Seriously McGuinness should look up what THEFT means because as far as I know, U2 still has their music on iTunes. No one has stolen the mp3 that exists there. However if millions of copies of that same mp3 exist all over the internet, is that Google’s fault.

Streaming Doesn’t Pay

It does pay. If you are not getting any of the pie speak to the label or the organisation that is getting the pie. But according to Paul McGuinness again, bands should gate their releases like the good old days.

Sales

Seriously,they are irrelevant. All they do is give the old guard a way to measure something that is irrelevant because the new way to measure an artists reach is just too hard to fathom for them.

Are people listening to the album? That is the question. Instead of focusing on Soundscan numbers, what is happening on the live front?

Press Releases for new albums

People can see through the hype and bullshit. In other words, we don’t care about what the bands say about “how great this new album is” or “how it is a definitive statement of the band right now”. All we care about is if we like it. If it is great we will push it. If it is crap, expect it to disappear.

Because if publicity does increase sales, then bands should be selling by the millions and selling out their shows. But they don’t.

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

The Piracy Debate… Goes On and On and On and On.. But The Hard Work For An Artist Never Goes Away

BitTorrent is a tool. How people decide to use the tool depends on them. Technology has a history of people/society shaping the technology. The BitTorrent protocol was designed to move large amounts of data. So of course, companies like Facebook and Twitter use BitTorrent to send updates to its employees. Then you have other people who use it to download torrents.

To use an analogy, knives are used in the kitchen to great effect. However people also use knives in illegal ways. Should we ban knives because they are also used illegally. According to Robert Steele, one of the bosses at the copyright troll Rightscorp outfit we should.

This is what Robert Steele said;

“BitTorrent’s architecture and features are designed for one reason only – to assist people in avoiding legitimate law enforcement efforts when they illegally consume other people’s intellectual property.”

As TorrentFreak points out, people who use BitTorrent are easy to track down, which is in fact something that Rightscorp is basing its entire business model on.

So why is it that so many people in the industry are so against Pirates.

Studies of Industry Professionals show that the “Sales and Distribution” sector are the ones saying that they’d been most affected by piracy because it is those middlemen who sit behind the scenes, have the largest vested interest in stopping piracy as they don¹t have many other reasons for doing what they do.

Artists just want to create. Money is a byproduct of those creations. All the rest of the enablers are trying to make money of the creation.

P2P research even shows that Piracy helps push the overall industry forward and that downloaders actually spend more on music than non downloaders.

There is a reason why bands are going to South America, even when the number of albums sold in the continent dont equate to the fans who attend shows. Look at all the DVD’s coming out from bands. Dream Theater, Rush, Iron Maiden and Megadeth are four bands that come to mind that have all released DVD’s of concerts in South America. Metallica have covered Mexico.

I was also going through some Billboard BoxScore figures from last week and based on recorded sales, the concert grosses don’t really equate. So in the same way that the RIAA correlates an illegal download to a lost sale, I will say that each fan that buys a ticket to a live show has also illegally downloaded at least ten full albums. (I am being conservative).

Who would have thought that a bill of “Bring Me The Horizon” and “Of Mice & Men” would gross about $70,000 per show. Play 20 of those shows and you have a $1.5 million tour.

Who would have thought that a bill of “The Used”, “Taking Back Sunday”,”Tonight Alive” and “Sleepwave” would also gross about $70,000 per show. See above, do 10 shows and you have a $700,000 gross tour.

Even the mighty “Manowar” still gross $60,000.

A bill of “Asking Alexandria”, “August Burns Red”, “We Came As Romans”, “Crown the Empire” and “Born of Osiris” grosses about $50,000 per show. The albums sales combined from all of the artists wouldn’t even pass 50,000 in the U.S.

“Falling In Reverse” and “Escape The Fate” gross about $30,000 per show.

While a bill that featured “In This Moment”, “Butcher Babies”, “Devour The Day” and “All Hail The Yeti” gross about $19,000 per show which was the same as a bill featuring “Animals As Leaders”, “After the Burial”, “Navene-K” and “Chon” gross about $19,000 per show. Not bad for a progressive djent band.

“Sevendust” are doing a run of shows and they are grossing at least $13,000 per shows Since the start of April 2014 to July 2014, they will play about 54 shows. Do the math on that one. It comes to about $700K in gross.

Indiegogo champions “Protest the Hero” played a small venue and grossed $4,000 per show. If they do a 50 date run like Sevendust, then do the math. It all adds up.

It’s hard work being an artist however if you are in the game because you love it, it makes it easier. If you are in the game to bitch and moan about piracy, then get out of it and join the bankers or the techies.

RANT ALERT: Copyright, Rock N Roll Hall Of Fame and The Walking Dead

BUSINESS MODEL PROTECTIONISM

It’s pretty pathetic how the entertainment industries need to get governments to pass laws and update laws every time there is a shift in technology. Remember, back in the Eighties, when the boss of the MPAA Jack Valenti proclaimed at a Senate Congressional Hearing that the VCR’s are to the American film producer and the American public as the Boston strangler is to the woman home alone. Yep, that is right, the head of the MPAA said that in 1982.

Fast forward a decade later and VHS sales of movies proved to be a very very large income source for the movie industry. So if the MPAA had their way, this technological innovation would have been killed at the beginning. Sort of like how the music industry reacted when Napster exploded. And due to that poor reaction, they allowed piracy to grow and due to their unwillingness to license Spotify, they allowed YouTube to become the unofficial streaming king.

All of this innovation happened because of copyright infringement. If all of the innovators followed the law or asked permission from the Record Labels to go ahead, well, no innovation would have been possible, because hey, any innovation in the entertainment industry that is not controlled by the gatekeepers is like the Boston Strangler to their business profits.

Let’s get one thing straight. Copyrights have been infringed forever by consumers of music and it still hasn’t killed off the music business. The difference now is that the main holders of Copyright are large corporations called Record Labels, who have the cash to go all nuclear with lawyers on people that violate that copyright.

So when it comes to negotiating new laws for copyright, it is these large and cashed up business entities that are lobbying politicians.

So what we have is a disconnect. The copyright industries want the tech industries to introduce measures to reduce piracy. The copyright industries want ISP’s to introduce measures to reduce piracy. The copyright industries want Governments to introduce measures to reduce piracy. The copyright industries want Judges to introduce measures to reduce piracy. Basically, the copyright industries want everyone else to help them, however they choose to do nothing themselves in terms of innovation.

Call it the last screams of the ENTITLEMENT EXECUTIVES.

That is why take down requests from copyright holders are going through the stratosphere. The Entertainment Industries are abusing a law by trying to catch a site that is NON-COMPLIANT. If the site that is hammered with the robotic takedowns doesn’t comply then they could be held liable.

This is not what copyright is designed to do.

Copyright was always designed so that the creator of a piece of work is granted a certain monopoly on their works and by that grant they can then sell their right to copy their work to another entity in exchange for a fee. A quick search of Google for the definition of Copyright states that it is “the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.”

So now add “The Record Label” to the definition. The definition would read something like this;

“The exclusive and assignable legal right granted to the originator who then sells that right to a corporation for a fixed number of years (in some cases, for their whole life plus 70 years) so that the corporation can print, publish, perform, film, or record literary, artistic, or musical material.”

Burton C Bell from Fear Factory didn’t know how much his songs were worth when he signed his first contract with Roadrunner Records.

Imagine a young up and coming sports star who is signed to an NBA club for peanuts and then after a season or two, shows that they are really a star athlete. Two things would happen to that sports star. The NBA club that they are with will either up their contract to match their new-found stardom or a new NBA club will swoop in and make them an offer they cannot refuse.

Fear Factory showed Roadrunner that they are a star athlete. Instead of getting a better royalty deal they got the same rubbish for 20 years plus. Instead of being allowed to negotiate with other labels and getting a transfer to test their net worth, they got locked into a restrictive contract with terrible payment rates.

Copyright is too distorted and removed from what it was intended to do. It needs a rethink and a massive re-write. The kids of today, the ones that pirate, will one day step up into government and then, change will happen.

THE WALKING DEAD

It’s passed its prime.

The last half of Season 4 was by far the worst. It is a yawn fest of massive proportions. The only two episodes worth talking about so far is the Rick Grimes House episode. The house when the group that Daryl is with right now decided to crash it.

And the other one was the Carol episode with the two little sisters. However I still have issues with that episode, as I saw it just an episode put there to shock, instead of progressing the story line.

AMC is down two big shows in “Breaking Bad” and “Mad Men”, so they are pumping all of their resources into milking TWD.

Seriously spin offs. It only dilutes the main brand. Think of “Law And Order” or “CSI”. They had so many spin offs it got to a point of silliness.

The main show runners in Frank Darabont and Glen Mazzara got booted for various reasons, with TWD comic creator Robert Kirkman being behind the Mazzara booting. One thing I can say is that comic book writers should stick to comic books. They are not TV show runners.

Frank Darabont got the TV show up and running. It is the house that Darabont built in it’s tone, settings and style. Not Robert Kirkman.

Prior to the show exploding, The Walking Dead comics had a cult niche following. Now it has a popular culture following. And that is because of the TV show. Not because of the comics. The comics provided the story, however how original is the story when the whole Zombie genre is copyright free.

I actually went and purchased the comics recently for my Christmas Present. And that is because of the show.

ROCK’N’ROLL HALL OF FAME

They call themselves “leaders in the music industry” that joined together to establish the Rock and Roll Hall of Fame Foundation.

Joe Elliott from Def Leppard called it as it is. Elliot called them a “board room of faceless tuxedo-wearing morons” who decide such things based on their own determination of what’s cool. And with that, a final lyrical quote from the great James Hetfield

“Who made you God to say”

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

The Piracy Conversation: The Good and The Bad

Anyone heard of this beautiful new piece of software called “Popcorn Time”. There are no registrations, or restrictions on content. It looks like Netflix and it is free. The user just presses play. It’s easy to use and its design is elegant.

Did you also know that “Popcorn Time” was designed by programmers in Argentina, where the movie “There’s Something About Mary” is still classed as a new release by the movie industries in that country.

So of course, the “Popcorn Time” development team created an innovative piece of software to meet a service problem for their country because the content industries failed to. There is a reason why South America has the highest rates of copyright infringement when it comes to music. Access to content is not serviced in an affordable way.

Of course the creators shut the service down when their “experiment” put them at the doors of legal threats around piracy and copyright infringement.

However the saga did not end. Remember that the internet is a copy system. So of course, the source code was made available and now other programmers took over the open-source code and made it available to people once again.

Hollywood is not up against people who want to be millionaires. They are up against educated people who want to create something new to solve a problem that they have in their home country. If the developers followed the “laws” then “Popcorn Time” would never exist. The restrictions around copyright and patents would have killed it in the start-up phase.

To compete, Hollywood needs to employ the best and the best don’t want to work for companies who see innovation as a way to prop up profits from the past. They want to work for companies who see innovation as a way to stay ahead of other companies.

So the best minds go into business for themselves, or for companies that meet their expectations or they just stay in their bedroom and innovate without the law in mind.

We all know that piracy is wrong, however it opens up the conversation to the larger issue.

Let’s put into context what piracy/copyright infringement has done.

THE BAD

It made the RIAA spend millions suing music customers.

THE GOOD

While Apple started to see a market here and began to turn those Napster digital natives into iTunes buyers by making it easy to grab the latest music, anywhere, at any time.

THE BAD

It made the RIAA/Record Labels sue/kill off thousands of technologies that would have given them better profits if they only had the foresight to innovate instead of legislate. Think of Napster, Limewire, mp3tunes and many others.

THE GOOD

With the rise of Spotify/Pandora, the music piracy problem is declining and the labels are now cashed up

THE BAD

Artists are not seeing a lot of it.

THE GOOD

Piracy opened the door for format shifting.

THE BAD

The music industry introduced DRM and the ones that got hurt by it were the ones that actually paid money to purchase the product while the pirates bathed in DRM free mp3’s.

THE GOOD

YouTube piracy has also led to another source of income. It’s actually official now that record labels make more money from fan-made videos uploaded to YouTube than they do from their official music videos. Check it out on the link at the end of the post. And this is coming from Universal Music Group.

THE BAD

And still the labels send out billions of takedowns to these kinds of videos on YouTube because they still see fan made videos as a breach of copyright.

THE GOOD

However, YouTube has innovated even more and now the label is notified when a user uploads copyrighted content. The label can then choose to place advertising before the video, making royalties from the views.

THE BAD

And the labels/RIAA still scream that Google (the owner of YouTube) isn’t doing enough to protect their profits.

THE GOOD

YouTube fan made pirated videos is a massive growth area alright.

THE BAD

How much is the artist seeing? Again a lot of power in the hands of the label and a lot of money coming into the label accounts for work done by fans this time around. These monies should be at least 70% to the artist.

THE GOOD

Basically, piracy has also highlighted how broken Copyright is. The pure essence of Copyright has been hijacked by the Corporations that now hold the majority of copyrights. To further show how broken it is, Sir Tim Berners-Lee (one of the main creators of the World Wide Web) has called for a copyright reform passage to be included in any new legislation written as part of the “Web We Want” initiative. He further stated that the current law is purely there to protect the interests of movie producers, not the public at large.

THE BAD

The labels see piracy as a case for even more draconian copyright legislation and even longer terms post death.

THE GOOD

Piracy has opened up more distribution channels

THE BAD

However the “Popcorn Time” software has shown that the current movie industry is still employing the old distribution model.

THE GOOD

However, Netflix has shown the movie industry that fans of movies and TV want content on demand/twenty-four hours a day for a fair price. And Popcorn Time has shown that they want top-tier content.

THE BAD

Google is still blamed for not doing enough.

THE GOOD

Because the future is in streaming for music and video.

THE BAD

However the RIAA and the MPAA are doing their best to kill it. Pandora had to raise their fees to cover the cost of licensing the songs. Plus they also had an expensive lawsuit in relation to the royalty rate paid on a radio stream. While the movie studios still lock content away.

THE GOOD

Legacy analog revenue sources get replaced by digital revenue sources. It’s a transition right now. The transition isn’t happening fast enough for the labels however it is their fault in the end. As their need to control has more or less slowed the transition process down.

THE BAD

It is a shame that the RIAA and the record labels focus on the shortfalls between analog and digital revenues at this point in time, instead of looking at the bigger picture.

http://www.businessspectator.com.au/article/2014/3/21/technology/how-video-piracy-killing-hollywood-star

http://techcrunch.com/2014/03/17/popcorn-time-is-hollywoods-

http://www.themusicnetwork.com/youtube-fan-videos-earn-labels-

http://www.nbcnews.com/tech/tech-news/pandora-raises-

http://www.linkedin.com/today/post/article/20140317203156-

http://www.businessspectator.com.au/article/2014/3/21/technology/tuning-musics-digital-struggle

Music, My Stories

Haunted By Its Melody, Music It Will Set You Free

Metal music has its fair share of musicians that are worth talking about. Put it down to the place that metal music holds in society. From Lars Ulrich turning his back on his fans and going into bed with the record labels, to Dave Mustaine’s views on everything American, to Robb Flynn’s blog posts and the hundreds of comments he gets to them.

That is why I love Robb Flynn. He’s real. He’s honest. He’d say shit and people will either go “WTF” or “Yeah, man he’s spot on.” Whether it was saying “that selling CD’s is non-existent” to “feeling depressed in Beneath The Silt post” to “asking fans if they have sex to any Machine Head song or any other metal band for that matter” to his most recent post on “the music business and how much has changed since the Seventies (basically the danger has been taken out and it is all safe”.

Love him or hate him, Robb Flynn has an edge over other musicians and he is using that edge to get people talking about music again. Obviously Robb Flynn is known to people in the niche that Machine Head plays in and when I mention his name to other people that like classic rock bands for example, they look back at me with blank stares.

His latest blog post is all about how music and the artists drove culture. It was about a time when artists had the control to do what they want, how they want and when they want.

Now..?

What do we have?

We have the people that sell it, complaining that their profits are sinking, while at the same time they feed the coffers of the RIAA to get favourable legislation passed to protect their business models. Then you get all these reports about how much money streaming is bringing in to the labels and artist screaming up and down that they don’t get a decent portion of it.

What about the construction company that had to call it a day, because the builders they contracted work to, went under. By going under, those builders failed to pay the construction company the work they did and by default, they also went under.

But, hey, that’s okay and no protectionist laws are needed because that is the nature of the building game. However the record labels lose money because they failed to innovate and they scream up and down for new laws. The stain that SOPA/PIPA left on the MPAA and the RIAA will never go away. People will remember it.

Music doesn’t need new laws. It needs a new breed of executives. You see, Music is in a transition. A transition from the old to the new. The people currently in charge still don’t get it. The new breed is slowly rising and in time it will filter into the corridors of power. Those kids that pirated their whole music collection, will be in charge of Copyright Law in the not too distant future. Those same kids will be in charge of the music labels. They will have their coding mates in jobs next to them, innovating away.

So what about the old breed?

Metallica previewed a new demo of a song called “The Lords of Summer” and everyone said “What the hell is that?”. You see Metallica just don’t get it. People go to their shows to hear the classics. No one wants new music from them. If they did, the fans would have voted for the new songs at the recent Bogota show.

Look at the set list (I added the year of the album the song was featured on in brackets);

Blackened (1988)
Master of Puppets (1986)
Welcome Home (Sanitarium) (1986)
Fuel (1997)
The Unforgiven (1991)
Lords of Summer (New song / World premiere)
…And Justice for All (1988)
Sad But True (1991)
Fade to Black (1984)
Orion (1986)
One (1988)
For Whom the Bell Tolls (1984)
Battery (1986)
Nothing Else Matters (1991)
Enter Sandman (1991)

Encore:
Creeping Death (1984)
Ride the Lightning (1984)
Seek & Destroy (1983)

See any songs from the last two Metallica albums in the list. Hell, there is only 1 song since 1991. Enough said. They’re an oldies act. The fans had a chance to vote for the set list and they voted for the classics. No one wanted to hear the newer stuff and that includes “The Lords of Summer”.

The only band who are aware of that are Twisted Sister. Apart from the song “30” and the obligatory, Christmas album, they have refused to make new music for decades, because no one wants it. And they know it. Dee Snider has said it, Jay Jay French has said it and Mark Mendoza has said it.

The thing is when bands go in to write new albums, they need to realise that we don’t want the generic song that they think will sell millions. We want the song that the creator needs to write, because if they don’t write it, the apocalypse will come into their world.

This is contrary to Rick Rubin’s methods were he more or less gets bands to rewrite their earlier stuff.

Our lives today are surrounded by great TV shows and technology like Game Of Thrones, The Walking Dead, Grimm, Revolution, Arrow, iPhones, iPads, Tablets, Spotify, YouTube, Facebook, Intenet and so on. Music needs to compete on this playing field. It needs to be just as good and it needs to innovate.

Volbeat is a good example of innovation. Their sound is unique. Look at all the elements in their songs. There is no one else quite like em in 2014. Sort of like the Twisted Sister song, “What You Dont Know (Can Sure Hurt You). They fuse a lot of styles into their songs, however they still stay loyal to the hard rock/metal sound.

Don’t write a song with the Top 10 in mind.

Write a song because your life depends on it. Write a song because if you don’t get those melodies and chords out, you will cease to exist.

That is the true essence of music to me. That raw, primal, spontaneous explosion.

As Robb Flynn once said;

So pray to music build a shrine
Worship in these desperate times
Fill your heart with every note
Cherish it and cast afloat

Cause God is in these clef and tones
Salvation is found alone
Haunted by its melody
Music it will set you free

Let it set you free

Music

Innovation V6.0 – While Spotify Innovates, The Governments And The Entertainment Industries Legislate

Van Morrison once said that “Music is spiritual. The music business is not”. How true that comment is.

Spotify recently announced the acquisition of “The Echo Nest” , a music intelligence company that will give Spotify and its users a better music discovery platform. As is the norm these days, it is technologists leading the way for the music business and in general the entertainment business at large.

When Spotify offered free mobile access, they had more sign ups in one month than the whole year prior. Spotify knows it’s all about domination. The history of the internet has shown us that. Pandora is unrivalled in the radio streaming stakes. Apples iTunes Radio is non-existent.

Labels are rolling it in from streaming services and they are not passing those extras on to the artists. That is not Spotify or Pandora’s fault. That is the labels fault. Again, if Spotify is that bad for the artist, then artists like Metallica and Motley Crue that actually own their own copyrights wouldn’t participate. But they did.

While Spotify innovates, the entertainment industries legislate, still focused on censorship and take downs.

Over at Italy, their communications watchdog has given itself a “Judge Dredd” like power. They are basically censoring websites based on a copyright infringement claim from a copyright holder and without any real judicial due process for the website involved.

Just recently, the Public Prosecutor from Italy has decided to go all “Wild West Sheriff Style” on the Internet by ordering Internet Service Providers (ISP’s) to censor dozens of websites, because he said that the websites are places that contain infringing materials. In this case, no copyright holder made any claim against these websites. Yep, it sure sounds like innovation to me.

This is how bad copyright has gotten. People believe that COPYRIGHT INFRINGEMENT OF MUSIC is the same thing as PROPERTY, an actual physical tangible product. And because of this viewpoint, sites that infringe on people’s copyrights are treated the same as sites that deal in stolen merchandise. When a copy is made of a song and shared, it is not theft. It is copyright infringement and it needs to be treated as such.

In recent years, studies have shown over and over again that people who share movies and music illegally are the ones that end up spending more on legal entertainment. The research is now even recognized by the “Industry Trust For IP Awareness” which is a body that includes all of the major Hollywood Studios as its members, along with the major labels in music.

The latest anti-piracy message from the IP Awareness Industry Trust is a positive one. Instead of labelling all of their customers as pirates and criminals, they are now saying that they understand people like movies and that they appreciate that people are sharing and spending money on movies. This time around they are pushing a slogan of “Moments Worth Paying For” instead of the Big Brother “You Can Click But Can’t Hide”.

Neil Gaiman is one of those people who actually is open-minded when it comes to piracy. There is a video doing the rounds from a while back (on Reddit) where Gaiman talks about piracy;

“You’re not losing sales by getting stuff out there. When I do a big talk now on these kinds of subjects and people ask “What about the sales you are losing by having stuff floating out there?” I started asking the audience to raise their hands for one question — Do you have a favourite author? And they say yes and I say good. What I want is for everybody who discovered their favourite author by being lent a book put up your hand. Then anybody who discovered their favourite author by walking into a book story and buying a book. And it’s probably about 5-10%, if that, of the people who discovered their favourite author who is the person they buy everything of and they buy the hardbacks. And they treasure the fact they’ve got this author. Very few of them bought the book. They were lent it. They were given it. They did not pay for it. That’s how they found their favourite author. And that’s really all this is; it’s people lending books.”

Let’s rephrase those questions in terms of music. Even musicians out there should ask themselves the same question.

Do they have a favourite artist?

How did they discover their favourite artist? Was it by buying their music or was it by someone sharing the music with them or was it by someone lending them a CD, a mix tape, an LP or an iPod full of mp3’s or by someone talking up the artist.

How many people discovered their favourite artist by walking into a record shop and buying a CD without even hearing it? Or in today’s world, how many people discovered their favourite artist by going onto Spotify and listening to music of someone they haven’t heard about.

Gaiman gets it. He is a realist. Hey, look over in Japan. They actually have a rental policy in place for fans of music. People hire/lend the CD, take it home, rip it and then return it for another. Personally, Spotify is a better alternative, however rights holders don’t allow it to exist at this point in time.

Finally, the great land down under, Australia is in the news again. Of course as a country founded by convicts, we have a proud history of seeing higher copyright infringement rates thanks to the lack of legitimate and affordable options.

So we don’t have Netflix and because of that we have resorted to using VPNs to mask our location and subscribe to Netflix anyway.

Of course, the free to air TV stations, the pay TV station Foxtel (who is owned by News Corp) and Quickflix along with the News Corp owned “The Australian” news outlet are labelling these paying users of Netflix as “PIRATES”. Yep that’s right. We are paying for a service that is affordable (something that Quickflix doesn’t know anything about) by masking our IP address so that we can access it and we are still labelled as pirates.

So there you have it, another wonderful week has come and gone, that shows that the Entertainment Industries still don’t get it and technologist and open-minded creators do get it.

http://www.dmwmedia.com/news/2014/03/06/spotify-acquires-the-echo-nest

https://www.techdirt.com/articles/20140305/10000226442/italys-public-prosecutor-orders-isps-to-block-dozens-pirate-websites-just-because-he-said-so.shtml

http://torrentfreak.com/pirates-movie-industrys-valuable-customers-140304/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29

https://www.techdirt.com/articles/20140303/11511026409/australian-broadcasters-netflix-competitors-pout-because-netflix-hasnt-banned-vpn-users-yet.shtml

http://comicsalliance.com/neil-gaiman-piracy-lending-books/

https://www.techdirt.com/articles/20140303/11511026409/australian-broadcasters-netflix-competitors-pout-because-netflix-hasnt-banned-vpn-users-yet.shtml

Copyright In The Modern Day. It’s Not About Driving Innovation Anymore.

It’s all about stopping copyright infringement. It’s all about shaking down internet users. It’s all about a ridiculous and “out of touch with reality” penalty system. For example, if a user downloads one song, the RIAA have argued that the copyright holders are out of pocket between $20 to $10,000. It’s a huge mark-up from its iTunes price of $1US.

When discussions are had on Copyright, it’s all about the enforcement. It’s all about creating a monopoly. The ones that sit on the innovation fence are shouted down to from the ones that control/hold the Copyrights.

There is a great article over at The Conversation website. Go read it. Journalist David Glance has a lot of viewpoints that I agree with.

The thing is, people have been “copyright infringers” since day dot. Anyone that remembers cassette tapes, will tell you how they used to copy songs from recordings onto a cassette tape. James Hetfield used to copy Lars Ulrich’s record collection onto cassettes.

We used to copy songs from the radio onto cassettes. We used to copy movies from TV onto VHS cassettes. Then we got even more creative and hooked up two videos at once to make copies of the latest releases. With the advent of the CD and blank discs, we started making mixed CD’s. When Napster exploded, people flocked to it.

Richie Sambora was a guest host on “The Panel”, a TV Current Affairs/News show on Channel Ten in Australia. This happened last week. There was a segment on Spotify and how streaming has led a slump in music sales. One of the members of the panel asked Richie Sambora, how many records has he sold. Richie replied back with “about 130 to 140 million records”. Richie then further stated that piracy was big even in the days before the internet, as pirated Bon Jovi LPs, cassettes and CD’s sold like hotcakes in Asian, African and Eastern European countries.

So I did some research on this and I came across the Moscow Peace Festival. The Moscow Peace Festival took place in 1989. Hard Rock and Heavy Metal music was hard to get “legally” in Russia, however it didn’t stop over 100,000 people from attending the show to watch Skid Row, Ozzy Osbourne, Scorpions, Motley Crue and Bon Jovi perform.

All of those fans of music must have gotten their music from somewhere. Actually musical sales in the USSR at that point in time didn’t even exist. Hell, it wasn’t until 2010 that the National Federation of Phonograph Producers (NFPF) was established in Russia. And they don’t even have a website. All of this shows how serious the legal music business is treated in Russia.

All of this supports the argument that we are all copyright infringers. Governments need to look at how people adopt these laws and change them to suit. Instead the Governments look at who puts money in their pocket and add more bad laws to existing bad laws.

Australian Attorney-General George Brandis has got no idea what is happening in the real world or how the internet works. His comments show that he is just a puppet for the Movie Industry Lobby Machine. Check out some of his comments;

To pirate a video or a song without paying the fee for it through iTunes, and so on, is an act of theft, it’s pure and simple.

Um, no. To infringe on a copyright is not an act of theft, as the mp3 is still with iTunes. No one has stolen it. What has happened is that multiple copies of that mp3 are in circulation right now. People pirated Adele’s 21 album, however all of that piracy didn’t stop it from moving over 10 million units in the US because no one stole anything. They infringed on an artist’s copyright. Something that fans of music have been doing since day dot.

When people, pirate “Game Of Thrones”, they don’t steal the original master copy from HBO. What they do is download a copy that someone made from the actual legal broadcast.

The ISPs, in my view, do need to take some responsibility for this because they provide the facility which enables this to happen.

Um. No. ISP’s don’t need to take responsibility for bad business sense and business models designed on controlling distribution. To provide a few different analogies, should the gun manufacturers take responsibility for their guns killing people. Should car manufacturers be responsible when their cars kill other people due to high speeds. Should the knife manufacturers be responsible when knives are used for violence. Should gas bottle manufacturers be held responsible for when their gas bottles are used in drug laboratories. Should alcohol brewing companies be held responsible for all the alcohol fuelled violence.

It is easy to lay the blame on others. However it is the record labels that need to take responsibility. They still don’t get it. People want FREE music. Spotify provides a service that is free, however it is still seen as restrictive and people still go to other torrent sites to download content. And then the recording industry claims that these sites make so much money from running ads on their site. If that is the case, then why isn’t the recording industry offering the same service and make that same money.

They don’t want to, because that would mean that their margins will shrink a little bit more and that is all they think about. The NOW. What is the plan for the future? A small return today, could lead to a greater return in 5 year’s time.

The fact is that people don’t have a right to download pirate copies of songs or movies or television programs because the people who make those programs or other items have a right of property in them. The way artists earn their living is through royalties and that’s the way they are remunerated for what they do.

Um no, artists have never made a living from royalties. The record labels have. Artists previously made a living from touring, licensing, merchandise and large advance payments. In today’s world, the main revenue streams are disrupted, however other revenue streams have opened up.

http://theconversation.com/copyright-reform-will-drive-innovation-not-trying-to-stop-the-internet-pirates-23286

http://www.techdirt.com/articles/20140225/12341626346/australian-copyright-reform-goes-into-reverse-fair-use-out-three-strikes.shtml

	bubba8328 on The Death of the Cheap Seat
	destroyerofharmony on We Sacrificed Our Lives for Ro…
	mikeladano on We Sacrificed Our Lives for Ro…
	destroyerofharmony on We Sacrificed Our Lives for Ro…
	destroyerofharmony on We Sacrificed Our Lives for Ro…