Tag Archives: copyright trolls

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

The Great Copyright Hijack

Copyright in its first incarnation via the “Statute of Anne” and the “Copyright Act of 1790” stated that the objective of copyright was to “encourage learning” and this was to be achieved by securing authors the “sole right and liberty of printing, reprinting, publishing and vending” the copies of their “maps, charts, and books” for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.

So think about what the intent of Copyright was. It was to ENCOURAGE LEARNING.

So fast forward 200 plus years and Copyright has a very different meaning. The encourage learning part is gone, replaced by massive expansions of copyright terms.

Copyright law has also given birth to corporations who purchase copyrights from creators.

Copyright law has also given rise to collection societies and licensing societies.

Copyright law has made infringement a criminal offence.

Finally, copyright law has become a money-making scheme that only benefits the large corporations that have a copyright monopoly. It’s become worlds apart from its original intention.

For a lot of people copyright law relates to the fact that they shouldn’t download movies or music without paying for it.

But what people fail to understand is that copyright reaches into everything we do. Copyright now is NOT about encouraging learning, but about locking up learning.

Copryight law is all about censorship. You know the one I am talking about, when a company/person with some wealth, issues a takedown claim to another entity that is not so powerful/wealthy to remove content they don’t like.

I am sure by now everyone has probably heard about the YouTube video of a cat purring being taken down by a Copyright Claim from music publisher EMI and collecting society PRS for Music. This is silly for a whole lot of reasons. First, EMI and PRS for Music use automated take downs, so there is no human involvement. Second, YouTube’s Content ID algorithm is obviously flawed as it thinks that a cat purring links back to a recorded song. Third, the YouTube user has been punished for doing nothing wrong.

REDDIT REJECTS COPYRIGHT CLAIMS – this is when an entity fights back and actually investigates the claims made against it.  As mentioned above, corporations with money use automated take down systems and a lot of the sites that get hit with these take down requests comply without investigating the merits of the claim.

However Reddit doesn’t take the takedown requests as gospel. They actually investigate and determine if the takedown requests have merit. And WordPress, which hosts this blog is by far the best at handing and investigating take down requests.

COPYRIGHT CLAIMS OVERREACH – this is what happens when a powerful entity censors the speech of others. They look silly and they hurt their reputation.

Remember when Nuclear Blast via a Panama-based copyright troll called World Digital Rights went after people (maybe fans/maybe not) of metal band “All Shall Perish” back in 2012. Well the band wasn’t happy about their label going after people who could be “All Shall Perish” fans and guess what happened afterwards.

Vocalist Eddie Hermida departed to join Suicide Silence. Guitarist Ben Orum became a family man. Co-Guitarist Francesco Artusato was involved with another project called “Devil You Know”. Drummer Adam Pierce joined “Emmure” and at this point in time he is listed as Emmure’s drummer on their Facebook page and also listed as the “All Shall Perish” drummer on their Wikipedia page. That just left bassist Mike Tiner as the only member that didn’t have anything on.

The whole Metallica vs Napster focused on Copyright Infringement however what did that really mean. Metallica at the time already had a handsome deal in place where they would lease their shares in the songs copyright to a corporation for a nice upfront payment. Hell, Sammy Hagar paid for his divorce by putting three new songs on a Greatest Hits package and selling the copyrights of those new songs for a nice fee.

So going back to Metallica, who was really hurt when their music was infringed on. It definitely wasn’t Metallica. And if we had the original terms of 14 years, plus 14 years renewal “Kill Em All” and “Ride The Lightning” would now be Copyright free and in the Public Domain.

And that my friends is the great Copyright hijack.

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

Random Thoughts

The Grammy nominations are out and as usual the metal category reads like a comedy. Why even bother, no one cares. The Grammy’s are as relevant as the sales metric. Maybe next year they will be renamed into the Streammy’s and some magic formula will be used to find nominations.

What is it about people or organisations sense of entitlement these days?

Consumers of music are finally given a choice (legally and illegally) on how to consume their music and all the middlemen come out screaming for the Governments or the courts to write new laws or set precedents that protect their business models. In the current case, you have the publishers BMG Rights Management and Round Hill Music via copyright troll “Rightscorp” using a 1998 law to compel ISPs to support its pre-internet business model. These organisations think that shaking down people is the way forward.

Sort of like Billboard. Seriously, what kind of fucked up maths goes into their charts. Hello, look at everything that is successful and you will see one common theme. They all kept it SIMPLE. Steve Jobs knew it. Daniel Ek knows it. Sean Fanning knows it. Mark Zuckerberg knows it. However, the people at Billboard have no idea. Someone, decided that 1,500 streams of any song equals an album sale. WTF. How does the stream count of any song reflect the influence (if any) of an album?

It’s good that Billboard is focusing on what people are listening to however it is bad that they are trying to recreate that listening metric to show a fake album purchase. Buying an album does not mean one listens to it, oftentimes people only listen to the hit. Report that.

The charts are there to purely satisfy the recording industry. It was never about the consumer. The recording industry and their press outlets all want to “high-five” each other on the number ones. And then what. 99% of the classic albums never got to Number 1. “Back In Black” from AC/DC never reached Number 1 in the U.S. “Led Zeppelin IV” never got to Number 1 in the U.S. “Master Of Puppets” from Metallica never reached Number 1.

I get it. Change is inevitable. For all the talk about monies, and what are those “poor start-up independent bands going to do” in the current free music industry it’s funny to see that more indie/self-funded music is being made now than ever before. Do you think the new breed of musicians are sad because recording studios or CD plants have closed?

Of course not.

While the recording industry promotes what it has lost, it fails to see what fans of music have gained. And by those fans gaining , the recording industry gains.

In Australia, the Government posted all of the individual submissions to the Australian Government’s Piracy Discussion Paper online and one of them caught my attention.

“I have spent a lot of time and money on my song to be mastered and distributed through CDBABY and iTunes. In the last 4 months since my song was released there has been over 30,000 hits on Utube [sic] where someone has uploaded it. To make matters worst [sic] there is only about $80 in the bank from the sales. Can someone tell me how to stop this.”

The first thing that comes out of that rant is how misinformed the “musician” is.

First, if someone put the song up on YouTube, then they are obviously a fan. Connect with them.

Second, YouTube’s has a Content ID system. There are players out there that can assist with this. Find them.

Third, 30,000 views on YouTube means an audience. Surely that is a good thing. What steps are in place to mobilise and grow that audience?

Fourth, without YouTube, how would that artist reach 30,000 people. Of course that would be via a record label. Which means gatekeepers and the chance of not being signed.

Final point, no one is rushing out to buy CD’s again or mp3’s.

Another that got my attention was the following;

“I am a writer so I want copyright to be protected to protect my livelihood.”

It’s hard to believe that people are in an industry without fully understanding why Copyright came into being. In a nutshell, Copyright was always about promoting the progress of society by returning works into the public domain once their copyright expired. Once upon a time, it did and it worked brilliantly and now (since about the Seventies), not so much as Copyright got twisted into what it is now.

Copyright was never about having people’s livelihoods depending on it.

Also there is no evidence that stopping copyright infringement leads to more purchases of music, movies or books.

After reading through a bit more of the submissions, I was dismayed at some of the words used like STEALING and THEFT.

It’s COPYRIGHT INFRINGEMENT.

No one has stolen nothing. iTunes still has the song for sale, Spotify still has the song for streaming, YouTube has multiple copies of the song for viewing. Amazon still has the book for sale in both hardcover and e-book format.

What the people have done is COPY the work.

It’s not that hard to understand, however people need to do the research to educate themselves.

Standard
A to Z of Making It, Classic Songs to Be Discovered, Derivative Works, Influenced, Music, My Stories

Five Finger Death Punch Encompass Their Past and Improve On It

When Zoltan Bathory was putting together a new band in 2004, his vision was to bring metal back to the masses. The first foundation was established with  2007′s ‘The Way of the Fist’. 2009’s War Is The Answer and 2011’s American Capitalist both added to the foundation. The house that Death Punch built is still going full steam ahead with two new albums about to hit the streets in the next seven months.

Chris Kael the bassist of Five Finger Death Punch said the following on the new album in a recent interview;

“It’s basically all the things that Death Punch have learned over the last three albums, we put into this new album, so it’s basically the best of Death Punch all in one brand new release. The melodies are strong, Ivan’s still pissed as hell, the musicianship is at its best and we are really proud of it! “

Ivan Moody the vocalist had the following to say on the new album;

“This is everything Death Punch has ever done and it pushes the bar up. That’s the great part about doing two CDs—we got to experiment this time. We didn’t want to change our style—the machine isn’t broken. So instead, what we did is encompass what we’ve done already and advance on it.”

So what do the above statements say in relation to Five Finger Death Punch. Inspiration doesn’t take place in a vacuum. All day long you are experiencing. All year long you are experiencing. If people think you can write quality songs with no prior experience, they are delusional.  Our whole life is a database of information. Be ready to index it and then reference it. Use it to create something better. Learn from it and create something better.

Five Finger Death Punch are merging all of their experiences and influences into a new double album.  They have their signature voice and they are not changing it for anybody and they are still playing to their fans. In the end it is the fans that matter. They are the ones that give the band the chance to create and release albums. Not the record labels or the money that they throw at the band. The fans are king here and FFDP are playing to their core. As I have said many times before, don’t spread your wings too far. Focus on your core audience as that is your foundation.

Just listen to Lift Me Up. If you are a music fan, you will hear the vocal melody inspiration from the song The Ultimate Sin by Ozzy Osbourne, released in 1986. Ivan Moody experienced that song, he heard it, he allowed it to take him somewhere and he stored it. Fast forward 26 years and Ivan Moody is referencing it, twisting it and making it his own.

Some people will call this plagiarism, I call it being influenced. Allow yourself to be influenced.

I am pretty sure in fifty years’ time some publishing company that will end up owning the Ozzy Osbourne catalogue will end up suing the publishing company that owns the Five Finger Death Punch catalogue for plagiarism, much the same way the Men At Work songwriters were sued for a flute solo that they didn’t even write that referenced a long forgotten children’s classic.

This is real. This is happening in the Entertainment business. People are trolling for lawsuits. Companies have been formed for this purpose. While everyone tries to get legislation passed to protect the entertainment business models from 1980, they should be focusing on these trolling organisations that are stifling innovation and progress with B.S cases.

The point in all of this. Experiences are everything in music. It is the difference between making a connection with a fan or not making a connection. Sometimes that experience can be the influence of another song. It is okay to allow it. That is how music has evolved throughout the ages.

Five Finger Death Punch have paid their dues, they have lived and experienced life, they have been patient, they have mined their lives for content and they didn’t quit.

Standard