Copyright, Music, My Stories, Stupidity

Copyright For The Corporation

The standards of the recording industry and culture were set a long time ago. It was so long ago, people forget why it was brought in and as time goes on, we fail to preserve its original intent.

Copyright was designed to protect the artist and to enhance culture. The artist had a monopoly on their works, so they could make money and have an incentive to create further works. This was for a period of short period with the option to renew. Once the expiry date passed, the works became part of the public domain for future generations to build on and use.

But corporations started to rise because of these monopolies and what we have now is a copyright standard so far removed from what copyright was meant to be.

Hell, if a monkey uses a camera put in his enclosure and snaps a selfie, does he own the copyright?

This even went to trial and then to appeals and finally a judge ordered that the monkey has no right to the photos he took as the Copyright Office will not register a copyright claim if a human being didn’t create the work. This also means machine created art is not covered.

The actual text is works “produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.” But a poem written by an AI was accepted by editors for publishing in a literary journal because they believed it was written by a human.

As the WSJ article states;

The question isn’t whether computers can own copyrights, but whether humans (or corporations) should be able to claim ownership of works created by computers. Copyright laws already provide that in the case of “works for hire,” the employer owns the copyright, even if an employee actually created the work. Shouldn’t similar reasoning allow copyright protection for humans who employ computers to create valuable works?

But corporations do claim ownership of works created by humans, so claiming ownership of works created by AI is just a matter of time and a few million to their Senate buddies on lobbying dollars.

And for over a century the record label has built up a history of owning songs it shouldn’t be owning. It’s ridiculous. An artist signs a deal, pays off all the costs associated with the album and somehow, the label still owns the copyright. The battle is happening. Check out the article over at Billboard.

“Why would a label be insisting on keeping a property that has stopped selling, that they don’t have any plans to re-promote except when the artist dies?”
Todd Rundgren

For those that don’t know, the 1976 Copyright Revision Act in the US allows the artists after 35 years to take back their copyrights after so many years, by serving the company that holds their copyrights with a termination notice. And even though artists are filing termination notices, so few are succeeding. For example, Duran Duran failed while Tom Scholz of Boston didn’t.

“Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device”
Lawrence Lessig

And it’s funny how the 1976 Act on purposely ignored all the different state laws for the pre72 recording, because those copyrights didn’t need any extra enforcement at that point in time. But for some reason, the pre-72 copyrights needs some extra beefing up in the digital era.

The Music Modernization Act will come into law in the US. And don’t kid yourself here. The songwriters and the actual artists will still not get what they are due. The Publishing Corporations will take their slice and the Label Corporations who still hold the copyrights will take their slice and the greatest generation of songwriters will still NOT be paid what they deserve.

There is poor record keeping from the record labels and the publishing organisations, but the blame is on the technology companies for not doing enough to seek out the songwriters.

Are they fucking serious?

I guess they are, because with this new bill, a new database will be created, paid for by the technology companies that will store all the information for the songwriters. But with every piece of government legislation, a monopoly is waiting to happen and in this instance, the publishing corporations will have a lot more influence.

And of course, the real purpose of this bill was to delay the copyright expiration of the pre-72 recordings, which based on the law in force at the time, should have been out of copyright a long time ago.

One thing the Act preaches is fair payment for songwriters from streaming services based on the database the streaming services create. And if artists and songwriters get what they are due, it’s good news, but if the past tells us one thing, the corporations standing in between like the labels and publishing houses, will not allow their billions to disappear.

Streaming services in every country are injecting hundreds of millions into the recording industry. Innovation is the key and getting more people to use these services will increase the pool of monies on offer.

But the publishing companies still preach the same rubbish. Something along the lines of “without strong copyright law which enables songwriters, performers and recording artists to control how their music is used and how they make a living from their creativity, the local industry will suffer and go backwards.”

Yeah right.

And at the moment the monthly price to use Spotify has remained the same for a few years. But we all know the recording industry is pushing for higher monthly prices as they demand more in their licensing arrangements with the service. So while streaming is injecting a lot of money to the recording industry, the recording industry is also doing its best to kill it.

All because a profit driven corporation owns the copyrights. In other words, corporations own culture. Maybe George Orwell was right all along.

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A to Z of Making It, Copyright, Derivative Works, Influenced, Music, My Stories

Fortnite

There are still complaints about the monies streaming services pay to the rights holders of music. There are still complaints about how YouTube and Spotify have a free tier and how it devalues music.

My kids play a game called “Fortnite” on the PS4. It’s “Battle Royale” mode is free to download.  The free mode works by all players starting with no equipment except a pickaxe for resource gathering and they parachute onto the map. Once they land, they can scavenge for weapons and resources.

Over time, a “storm” surrounds the area and the players need to get to a safe area. Those caught outside the safe area take damage and potentially die if they remain outside it too long. Players can use real money to purchase in-game currency, which can be used to purchase cosmetic items. The last one standing is the winner.

I was interested in how a game which is free to download, is making some serious dollars for the development company.

Freemium

Since the game is free to download, it’s already at everyone’s price point. It can’t get any lower so it costs nothing to try it.

But hang on a second, an artist put their blood, sweat and tears into their music and because they did, they should charge for it. Then again, so did the video game developers, and they haven’t charged for it. Actually video game developers spend years on games only to see them disappear on release day, because like music, no one knows which game or song/album will be a hit or a miss.

Fortnite was originally a game for purchase. Within a six months of its release in 2017, it had over a million users, that means user = sale. But then in September 2017, Epic (the game developer behind it) did something different. They released a free-to-play “Battle Royale” mode. Within 2 weeks of its release, it had over 10 million players.

On any given day, it has over 500,000 players playing the game. By January 2018, Epic added a micro transaction system to purchase items for the game. For Epic, the “Battle Royale” mode is a major hit. It’s like Bruce Springsteen, “Born In The USA” or Bon Jovi, “Slippery When Wet” or Europe, “The Final Countdown” style of a hit.

And it’s still going strong. And Epic is hoping the more support they give it, the better the experience will become and players will stick around.

You need to get people’s attention first.

So you have a product, release it for free and nothing happens.

How do you get people’s attention?

In Epic’s case, they had a well known brand and released the free Battle Royale mode for Windows, macOS, PlayStation 4, and Xbox One platforms on the same day. By doing it like this, they beat out other games with similar Battleground concepts tied in to a console. In other words, they were everywhere.

Then they controlled the narrative themselves. No one was waiting for a website or a magazine to interview anyone. The company controlled the story.

In music, we still get staggered releases to digital services. Hell there is a lot of music of bands I like which isn’t even on Spotify Australia, so in this case, I even get geo-blocked, which is ridiculous in our digital age. I can transact with Amazon US, purchase the album, but I cannot get legal access to music available in the US in Australia via a streaming service.

And in music, artists still do interviews with various press outlets, which means the press outlet controls the story.

Your best marketing tool is word of mouth.

Fortnite spread because the people who played it, enjoyed it and then they asked their friends to create an account and play with them online.

And their friends said “why not”, it’s free, let’s give it a try. And the ones who became hooked and enjoyed the online social experience, did the same to their circle of friends. And the process kept on repeating. 10 million users in 2 weeks.

Some people believe that marketing is about advertisements. It’s not.

Be social.

The game works because it connects people socially (albeit in a digital world). And when these people get together, face to face, they talk about it. Good music connects fans socially and crosses borders. There is a pretty good chance you would find an Iron Maiden fan in every country on planet Earth. For music, the social connection comes in two ways. In the digital world, it’s online communities and in reality it’s the live show.

Imagine listening to the song on a streaming service and you have the chance to view the sheet music and play along with it. Imagine listening to the song on a streaming service and you have the chance to remix a 5 second snippet of the song with someone else from another part of the world and make your own song.

Follow up the initial offering with more content.

The game keeps growing in popularity because its upgrades happen on a regular basis. In other words, the fans of the game are not waiting 2 years for a new upgrade. In some cases, it’s monthly and in the worst case it’s quarterly. And the upgrade enhances the original game and it doesn’t take away from it. Remember PokemonGo.

In music, fans are divided into camps of people who want albums or camps who just want content.

I come from the era of the album, but all I want is frequent content. It’s the reason why the bootleg industry was huge in the 80’s and 90’s. Hell, my record collection has hundreds of bootlegs, from live recordings, to demo recordings, to sound check jams and what not. It was the need to fill the gap between albums.

Build On What Came Before

And like all hit’s there is a writ. The developers of another game have threatened Epic over the game due to its similarities. But the other game has similarities to other games and those games had similarities to other games and the process just keeps on repeating.

One thing is certain. What used to work to break bands doesn’t work and artists need to think differently and take control of their story.

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A to Z of Making It, Copyright, Derivative Works, Influenced, Music, My Stories, Unsung Heroes

All Ideas Come From Somewhere Before

When I started writing music back in the day, I would take the music and lyrics from songs I liked and altered them. That would be version 1 of my new song. Of course, it sounded a lot like the original song. However after a few re-writes, you could hear that my song had influences but it was starting to take shape in its own unique way. The lyrics would end up changing completely however I might have kept the phrasing or the rhymes similar to the original. Once finished it was clear that my ideas/my intellectual property had an influence from something that came before.

It’s probably why people shouldn’t get all emotional over intellectual property. When you hear artists saying they put their blood, sweat and tears into their works, you might want to take it with a grain a salt. Yes, they did put their blood, sweat and tears in being influenced and taking what came before, shaping it, tweaking it and re-writing it, to create something which in the end, sounds unique enough to call their own.

And artists who do create something so new and off the wall, are more or less artists who are servicing a niche core audience, or are forgotten or unknown.

But no one expects artists to do something so off the wall original. People like familiarity. Derek Thompson in his book “Hit Makers” mentioned how people are drawn to music that might be new, yet familiar enough to be recognizable. In other words, that new song we like has enough variation in it to make it not a carbon copy of its source influence.

It’s the reason why we listen to a song on repeat. We love repetition. I bet you that on any given day, the majority of music you listen to is music you have heard before. Let’s say 9 songs out of 10, are songs you’ve heard before. And our love for repetition also means we go looking for songs that sound familiar.

So all of our ideas have already been stolen.

Now that we all know that, maybe we can focus on developing connections and creating works influenced by our past. And you create by using your influences.

Because there is no such thing as the genius loner. It’s a myth. We are all social people and our creativity is fuelled by our social environments.

Every single day, we take in our surroundings, we set meaningful and important goals and we are always thinking of solutions to problems.

A neuroscientist and a psychologist broke down creativity into three main buckets;

  • Bending means you take a previous work and re-model it in some way. Think of my post about “Sanitarium” from Metallica.
  • Blending means merging previous works together so you have multiple melodies and re-cutting it to suit what you want to write. Jimmy Page was great at doing this with Led Zeppelin’s music.
  • Breaking is taking a short and important musical idea otherwise known as a musical fragment and building on it. Think of my post on “One Riff To Rule Them All”, which covers the A pedal point riff used in songs like “Two Minutes To Midnight”.

All three of these elements are connected and every creator uses these elements when they are writing, without even knowing it.

The differences between humans and computers is how we store information and how we retrieve information. For the computer, the riff stored on the hard drive will sound exactly the same three years later, however that same riff stored in our head would be different.

Why.

Our brain breaks it down, blends it and bends it with other information. This massive mash up of ideas in our brains is our creativity. And when we play that riff three years later, it has a different feel, different phrasing or something else. Some of them stink and sometimes we create something that breaks through into society.

To me, “Comfortably Numb” matters because of that brilliant outro guitar solo from Dave Gilmour. “We’re Not Gonna Take It” worked because of its timeless message and video clip. “The Final Countdown” and “Jump” had the perfect keyboard riff. The characters in “Living On A Prayer” are unforgettable.

Of course, each one has other attributes however one thing normally sticks with us. There was a certain authenticity behind each.

Which is funny because I’ve been reading a lot of press releases about the latest release of “insert any band name here” being “authentic”.

What is authentic?

How do we define authenticity?

I asked some friends and they reckon, authenticity is saying whatever is on your mind and doing what a person feels like doing.

I disagreed.

Authenticity to me is someone who is the keeps their promises and is same person regardless of whether someone is looking at them or not. In all walks of life I have come across people who try to appeal to whatever is in right now. Whatever is in right now is momentary. It’s always evolving and changing. However a person who remains the same regardless of the status quo, could be the status quo for a brief time, by being authentic.

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Copyright, Music, My Stories, Piracy, Stupidity

Appetite For Copyright

Seriously you can’t make up the madness that Copyright comes up with these days.

It looks like the music labels will get even more richer. Facebook is making licensing deals with all of them so users are allowed to upload their own videos to copyrighted music.

Of course musicians can earn royalties from the views/plays, but how much of the licensing fee is going back to the musicians, because it’s those works the label used in the negotiations. So far Universal and Sony have made the deal and Warner Music Group is in conversation.

And music creators believe a government bill increasing the royalty rate services that play music need to pay, will increase the payments get back. Umm, it won’t. The record labels and publishers will have more money in their bank account and the creators will still get the payments they always get based on their publishing and label contract.

And seriously how many times are we going to read how the music industry’s revenue declined to about $15 billion in 2015, from the $40 billion it brought in around 1998. First, those figures are about the RECORDING industry, not the music industry. The music industry encompasses income from tours, merchandise, radio royalty payments, licensing and sales of recorded music. Sales of recorded music is just one portion of recorded music. And if the people who are writing the songs are not getting paid, then they should be renegotiating their agreements with the organisations.

And being a music creator doesn’t guarantee you an income.

Then again, suing other artists for creating a song which is similar to another song has become a new income model for businesses who hold the copyrights of songs. And these cases bother me, because it sets a precedent that the person suing has created an original piece of work, in a vacuum, free from influence and other songs that came before it.

Here are two more suits around copying.

Ed Sheeran and Tim McGraw are being sued by Australian songwriters. Seriously, how many suits has Ed Sheeran faced in the last 5 years.

And then you have Boomerang Investments, the copyright holder to songs written by Harry Vanda and George Young suing an American band for their 2011 song, “Warm In The Winter” because it contains a line “love is in the air” with a similar melody. Now I have heard interviews from Vanda and Young back in the day where they state how classical music is a great influence for writing melodies.

The issue with this case is not the copying or the similarities, it is the fact that Air France paid a license fee to use Glass Candy’s song and the subsequent song is now making decent money.

And somehow people own the copyright to white noise. You know that noise you hear when you can’t find a TV channel. Suddenly on YouTube, a video containing “white noise” had a copyright complaint made against it. What’s next, copyright complaints against songs featuring distorted guitars. It’s madness.

Read about the white noise takedowns here and here.

And Spotify is still getting sued for licensing issues over songs played on the service. Someone is always aggrieved. Check out the text from the lawsuit.

The lawsuit alleges that Spotify hired Harry Fox Agency (HFA) to obtain the correct licenses, which Wixen calls “ill-equipped to obtain all the necessary mechanical licenses.” Moreover, the complaint alleges, “Spotify knew that HFA did not possess the infrastructure to obtain the required mechanical licenses and Spotify knew it lacked these licenses.”

You see, this is what happens when you create a law that creates a monopoly, which in turn gives rise to corporations who become powerful entities. Wixen is not about helping the creators and paying them the correct monies. They are all about their own pockets. People who have created no value and no art which is popular, living off the hard work of others.

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Classic Songs to Be Discovered, Derivative Works, Influenced, Music, My Stories, Unsung Heroes

Forgotten 80s Part 4

I read an article about how a computer system was only shown how the pieces move in a chess game. Then the system was told to learn how to play the game. 24 hours later, the system had all the chess moves worked out and it was beating strong chess programs convincingly.

Then I watched the “Metalhead” episode from Black Mirror and then I read a story about how Nissan wants to create a car that reads your mind and it got me thinking of the original Terminator movie and suddenly I was in the mood for 80’s music.

So here is another list of forgotten songs from the era. Just click on the number for the previous Forgotten lists, one, two and three.

Better Days
Taking On The World
The Feeling Within
Gun

Way underrated and way under-appreciated, it’s almost criminal. With their debut album, GUN got lumped in with the hard rock/glam rock style of bands because that’s the only way the record labels knew how to promote music. Compare it to something else which is popular and hopefully you get 10% of that audience to buy blind. 30 years later, it’s still the only way record labels know how to promote music.

Better Days

The groove captures me instantly and the vocal melody is so far removed from the LA Sunset strip, it’s perfect.

Living in the same scene way too long
Everybody hopes that one of these days
Everything you want is gonna come your way
Everybody knows what they have to do
Everybody dreams like me and you

Dreaming and hoping is easy. Deciding how to make those dreams and hopes come true is hard because making decisions is exhausting. It means you need to investigate, analyse and most importantly take responsibility for making a decision. We all know what we need to do, but so few do it.

Things could be heaven but this feels like hell
So hold your head high cause you know I’d die
For better days

And sometimes, decisions made with good intent could end up going bad. It doesn’t mean it’s the end. It just means a re-calibration is necessary and further analysis is needed, because our dreams and hopes for better days, make us push through the worry and fear.

Taking On The World

The acoustic strumming sets the sombre tone, but it’s the vocal melody which is captivating. It’s unique and catchy.

When you feel that life is dragging you down day by day
You’ve gotta break away
You’re taking on the world

Life is a process. You try things and you fail. You get into a relationship and you separate. In ten years’ time you would be using a technology that hasn’t been developed yet. The world evolves and you need to evolve with it, if you want to take it on.

And the lead break is full of thought out phrases that outline the chord progression under it.

The Feeling Within

The vocal tone of this song sounds like a cross between Jim Kerr (Simple Minds singer) and Michael Hutchence (INXS singer RIP).

You don’t know what silence means (you can pray for me)
You don’t know about shattered dream
You don’t know that I can’t run (you can set me free)
Set me free from the feeling within

Those lyrics in the brackets are sung by vocalist Mark Rankin’s cousin Sharleen Spiteri, of the band Texas.

Now Forever After
Stargazer
Kingdom Come

The most well-known version of the band only lasted two albums and one touring cycle. By the late 80’s the record labels didn’t care about artist development. It was all about platinum certifications. If the band got one, they had another shot. If they didn’t get one, they got dropped. Kingdom Come went platinum with their debut and their follow up didn’t set any sales record alight, even though it was better musically than the debut.

Musically, Kingdom Come had three sides. One side was the 70’s inspired classic rock of Led Zeppelin. The other side was the blues rock of AC/DC, while the third side was the Euro melodic rock inspired by Deep Purple, Scorpions and Rainbow combined with a little bit of Toto and Styx.

Now Forever After

“Now Forever After” is from the debut album released in 1988 and it falls into that melodic rock side of the band.

It’s now, forever after
Now, sharing our laughter
For better or worse
Until we die
Now, forever after
Now, sharing our laughter
Until the end of time

If only it’s true. Actually for some it is, for others it takes a few goes to get it right.

Stargazer

“Stargazer” is from “In Your Face” released in 1989. That keyboard intro which blends into the guitar lead just works brilliantly. This is another that falls into the Euro melodic rock side of the band.

Ooh, just to know what’s the reason for making us
Is what I would like to know

How did we come to be? So many theories out there, rooted in science and religion.

Stargazer
Live it out
Meet the Maker

Our ancestors looked to the stars for answers. Then they changed to religion. As humans got wiser they turned to nature and science for answers. Everything ends, including you and me. We thought we would live forever, but this proved to be untrue. And you don’t know what you’ve got till it’s gone.

I Believe In You
Knock You Out
Hands Of Time
Y&T

For many, “Earthshaker” was a landmark album. In my opinion, it also became a major influence to any hard rock musician around the world who heard it. It you took all of the different rock stylings happening at the time, and put them into the Y&T blender, “Earthshaker” would be the result.

For Y&T, they were just happy to have a deal with A&M, after two albums on a different label who had had no clue what to do with the band. Coming into the album, Y&T had already played the songs live quite a bit, hence the reason why everyone who heard the album said, “wow, these songs would really work live”.

By 1981 bands didn’t really do ballads or power ballads. They did songs with slower tempos that just kept on building up to a huge ending.

I Believe In You

“It’s a song I wrote a long time ago. Well along time before it got put on a record, which is kind of a drag in a way, because our original managers ripped us off for our publishing on the first two Yesterday and Today records. We haven’t received a penny publishing to this day from those two records. I wrote” I Believe in You” about the time they were managing us, so when I put it on the “Earthshaker” record; well after they were gone they still took my publishing and never gave me a cent for “I Believe In You”. Anyway it was written a long time ago about a break up that I had with a long-time relationship so the song inspired itself more or less.”

Dave Meniketti

The music business is full of rip offs. There are so many stories of former managers claiming the rights on songs from artists written while they managed the artist, but released many years later, while the band had new management. So many people who contribute nothing to the Arts make money from the Arts.

Even record labels do it. They sign an artist and they will spend some money for the artist to record a demo. They might give the go ahead for the songs to be recorded for a release or they might not release them at all. If they are not released, the artist is in limbo. Ask Tom Keifer, Dee Snider and Joe Lynn Turner, just to name a few. And if they leave the label they need to buy back their songs at an extortionist fee the label sets themselves.

Your phony friends, they all counsel you
The things they say
Oh, you know aren’t true

Ahh, yes, who doesn’t have friends like these in our lives?

Breaking up with your partner is a lot more than just breaking up with one person. When a relationship ends, people take sides. Suddenly the friends you believed you had are not there anymore.

Knock You Out

How good is the riff that kicks off this song?

Up against the ropes
I’ve been there before
I’ve been hit by the best, but never hit the floor

Proving you’re at the best when you do it your way. Never forget that. You can make your own decision. Awards are irrelevant. It’s the art that remains. Y&T remain more relevant than some of their 80’s peers who achieved platinum sales. Y&T never did.

Hands Of Time

This appears on “Down For The Count” released in 1985. I swear that intro riff was used by Winger in “Headed For A Heartbreak” to platinum glory. Progress is derivative right.

Don’t be a prisoner of your memories
They steal from your future
And fill you with lies

Negative thinking stops us from taking action. And our tendency to attach an emotion to a past event is our biggest downfall.

‘Cause you can’t turn back the Hands Of Time

What is done, is done, so move forward because time keeps marching forward.

Abandon
Heartbreaker
Dare

Both songs are from the “Out Of The Silence” album released in 1988 on A&M records. Wikipedia tells me Dare was formed in 1985 by former Thin Lizzy keyboard player Darren Wharton after Phil Lynott had dissolved the band. They had some success and when their second album “Blood From Stone” released in 1991 tanked in the sales department, the band was dropped.

Abandon

I can’t forget the things that you said to me

We rarely forget. We move on but we don’t forget. Actually, we can’t forget, because if we do forget, then how did we learn from those events.

I wish I could say that the rest of the song had some earth shattering lyrical message but it didn’t. A lot of the problems with the 80’s rock bands are the lyrics. Even Dare, coming from some experienced musicians couldn’t get decent lyrics written. Some people are good with words and others not so much. But the music is still good.

Heartbreaker

It’s got a riff that reminds me of “Hit Me With Your Best Shot” merged with “Fantasy”.

She got no money and she got no pride
Don’t let her tell you she got nothing to hide
So full of passion with a wounded heart
I still remember when our love fell apart yeah
And when everything’s right, how could I be so wrong? so wrong?

While it was right for you, it was all wrong for the other half. They just haven’t had the courage to tell ya yet.

Lovers
Fate

It’s from the “Cruisin’ For A Bruisin’ album released in 1988. A friend of mine had this album and he dubbed it on a blank cassette for me around 1992. I knew nothing of the band back then and I still don’t know anything about the band today, but what can I say, I’m a sucker for a derivative and clichéd melodic rock song and as soon as the Aldo Nova “Fantasy” influence kicked the song off, I was hooked.

Future World
We Came To Rock
Yellow Rain
Loud’N’Proud
Rodeo
Pretty Maids

They should have had more mainstream success. Not sure if the band name helped their chances or hindered them.

Future World

It’s the title song of their 1987 album.

Oh future world
There’s nothing left to save
They blew it all away

We will in troubled times and even more so today where “stable geniuses” are in power.

In troubled times
We saw the writing on the wall
We heard the fools
Who brought the human race to fall?

The human race always suffers because of a few individuals. Released in 87, this would have been referencing the Cold War between the US and USSR. Today, it’s the US vs North Korea. Leaders out of touch with reality and the people they claim to support and serve.

We Came to Rock

It’s from the “Future World” album and it’s one of those clichéd songs about going to the rock and roll show and joining the cavalcade.

If you’re feeling out of nowhere
If you got no place to go
If you’re feeling lost and lonely
When you’re down the open road

The heavy metal community is the most loyal and there is always a place for you and everyone else.

We are the faces
We are the guardians of the night
We’ll rock the ages
It’s all right
We’ve seen the fire
We are defenders of your rights
We’ll take you higher
Gonna take you to the sky

It’s easy to say in words that you are a defender of our rights, but only Dee Snider went to the US Senate hearings and defended the rights of US metal head citizens. It cost him dearly at the time, but today, he’s seen as the defender he set out to be in “We’re Not Gonna Take It”.

Yellow Rain

Also from “Future World” and this one references Vietnam. Musically it starts off acoustically, like Gary Moore’s “Victims Of The Future” before it becomes a speed metal song.

Left home as heroes
Fools when they returned
Blamed for all the damage
And the villages they burned
Betrayed by their leaders
Murderers they were called
Denounced as crazy maniacs
And locked behind the walls

It was the first war that was all over TV and the prime time news. Everyone saw the burning children, the napalm bombs and Agent Orange. And the poor soldiers didn’t come home to a ticker tape parade. They came home in pieces, mentally and physically.

Loud’N’Proud

It’s also from “Future World” and it wouldn’t be out of place on the “Screaming For Vengeance” album.

Gonna hit this town tonight
Let your troubles out of sight
Scream out, spread the word around
Get all up and stand your ground

Again, it’s all about going to the rock and roll show, being part of community and don’t let institutions get in your way of living out your dreams.

Rodeo

Also from “Future World”

I was born and raised on the street
I grew up in a jungle of stone

Like all of us. All social circles have become concrete jungles.

I walked my own directions
For fortune and fame

The ones, who made it, walk their own path and the ones who follow might make it, but they don’t last.

Life is a rodeo
Somebody makes it
Somebody don’t
And even though
You feel like losing
Don’t ever let it go

It’s the unwritten rule of life. Never give up, keep on going. From when we are born, we fight for every breath, for every step, every single day.

And sometimes when I came to a crossroad

Should I stick to the left or the right?

We always try to make the best decision with the information we have at the point in time. It might be right, it might be wrong, but we still make it. Because we need to.

Under The Gun
Turn It On
Danger Danger

For a band formed in 1987, they had Al Pitrelli on guitar for a brief time, then after they got a recording contract, Pitrelli left and was replaced by Saraya guitarist Tony “Bruno” Rey (who actually played on the debut album) before returning to Saraya and Andy Timmons replaced him and played on the rest of their debut album, which was released in the same year.

Under The Gun

From the debut album released in 1989 and its the same lyrical theme as “Runaway” and “Fallen Angel”. But musically and melodically it’s addictive.

Turn It On

Also from the debut and the guitar playing from Andy Timmons is what hooks me. The way he colours each bar with arpeggios, power chords, palm-muted pedal tones and double stop inversions is brilliant.

Long Way From Home
Angel In My Heart
Britny Fox

Carbon copy of Cinderella, Britny Fox formed in 1986 in Philadelphia. In fact, the band had former members of Cinderella in its roster and their connections to Cinderella allowed the band to secure a major recording contract.

Long Way From Home

The debut album is not on Spotify, however the follow-up “Boys in Heat” released in 1989 is.

My love’s with you always, oh yeah.
Long way from home.

On the road is a killer. You are away from friends and family and the band mates are suddenly not as likeable as you thought they were when you saw em only a few hours a day for practice.

Angel In My Heart

Also from “Boys in Heat”, it’s a simple hooky song.

Misery Loves Company
Nobody Knows
Hard Luck
Letters In The Rain
Lillian Axe

Formed in 1987, they caught the attention of Ratt’s management which led to a record deal with MCA and Ratt’s Robbin Crosby producing the band’s first album, Lillian Axe.

As Wikipedia tells me, neither the debut nor the 1989 follow-up, “Love + War”, met commercial expectations and the group was quickly dropped.

Misery Loves Company

The song is from the self-titled debut released in 1988.

The intro riff is a derivative version of “Breaking The Chains” from Dokken.

The poor get nothing while the rich get fat
Start living good, the I.R.S. takes that
I kinda wonder if there’s really any good at all, at all

While the rich pay nothing and hide their billions in offshore tax havens.

Nobody Knows

The song is from the self-titled debut released in 1988.

Nobody knows when there’s clouds in the skies
When there are tears in your eyes
Nobody knows when you’re hurting so bad
So what if they had?

Exactly. So what if people knew how bad your hurting or how low your feeling. What can they do to change it? How people deal with pain and disappointment is very subjective. Each person has their own unique way of overcoming obstacles.

Hard Luck

The song is from the self-titled debut released in 1988. The lyrics are forgettable, but the music and melodies work.

Letters in the Rain

From the follow up, “Love + War”, released in 1989, the lyrics deal with a person reading letters his ex-partner left in the rain, and after being heartbroken for so long, he finally moves on, only to have the ex-partner return asking for a second chance. But the music and melodies are cool.

The Right To Rock
United Nations
King Of The Rock
Don’t Say You Love Me
Keel

The rock is strong with Keel.

The Right To Rock

Released in 1985, it’s the title track.

All my life I’ve been fighting
For the right to make my stand

So what happened? How did we go from fighting and making a stand, to not caring?

Don’t internet users in the U.S care about net neutrality?

Don’t people in Australia care about the power corporations have with the courts and our leaders?

Don’t let anyone tell you
How to live your life

But they do tell us how to live our lives. If you have a credit card, you are being told how to live your life with each monthly repayment. If you have a mortgage, you are being told how to live your life with each monthly repayment. God forbid if you are late. If you have are employed, you are told how to live your live every single day, just so you get that fortnight or monthly pay into your account.

‘Cause it’s our way of life
I’m fighting for freedom
For the golden rule
The right to say what I feel

But we are too scared to say what we feel in case we get ravaged by the social media righteous police.

United Nations

From the self-titled album released in 1987.

We are the new generation
We got the inspiration
We’re feelin’ strong so spread the news
The youth of every nation
Will make this declaration
This is the way of life we choose
Together we will rock
Forever we will roll

We thought hard rock would last forever but it didn’t. All great empires fall, and rock was no different.

And someday we will rise
To take control

1986 was the year metal and rock took control.

We are united nations
Under the flag of rock and roll
We are united nations
United we will stand

If only we remained united, but we didn’t.

King Of The Rock

From the self-titled album released in 1987.

In the arena is the kingdom I call home
This coliseum is my dome, whoa!
I make my own rules, I call the shots
I’m not afraid of you and I’ll fight for what I’ve got

By 1987, we had moved on. The call to arms about the rock and roll show got old.

This concrete battleground is where I’ll make my stand
If you’re with me, raise your hands

We had splintered by now. Metallica went on tour with James Hetfield having a sticker on his guitar that said something like “Kill Bon Jovi”. Mustaine called Queensryche “Yuppie metal”. Any artist that introduced keyboards or had keyboard players got labelled as sell-outs. Any artist that brought in outside writers also got labelled sell-outs. The label marketing machine was in overdrive creating new genres. We had Glam Rock, Pop Metal, and Glam Metal.

We had hard rock, progressive rock, psychedelic rock and pop rock. We had thrash metal and speed metal. We had heavy metal and technical metal and progressive metal. Death metal was becoming a thing. Europe was having their own thing happening with power metal, progressive classical metal, folk metal and the embers of a black metal scene were beginning.

In the states, hard core was a thing and when it became heavy, grindcore became a genre. Punk was just punk, once upon a time. Then it became post punk, punk rock, punk metal and punk pop.

It’s like that scene in “The Warriors” with Cyrus trying to unite the gangs. It didn’t end well.

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

Public Domain 2018

In the US and Australia, we don’t get nothing entering into the Public Domain. The US from next year (unless Disney, the MPAA and the RIAA lobby really hard) will get works released in the 1920s entering the public domain. For Australia, I think we had works up to 1955 in our Public Domain and then the law got changed to be plus 70 years after death, so we will not get any works into our public domain until 2026. And these works will be from 1956.

And the Copyright industries are still pushing hard for longer copyright term extensions because once the person who created the works to be under copyright passes, it’s the corporation who benefits.

Duke University has a cool list of what could have entered the public domain on January 1, 2018.

Now you need to remember, these works would have been in the Public Domain, under the Copyright Law that existed until 1978.

Basically all works from 1961 would be in the Public Domain this year.

“Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1961 would enter the public domain on January 1, 2018, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2057. And no published works will enter our public domain until 2019. The laws in other countries are different—thousands of works are entering the public domain in Canada and the EU on January 1.”

Duke Public Domain 2018 webpage

So what books would be entering the public domain if the U.S had the pre-1978 copyright laws?

  • Joseph Heller, Catch-22
  • J.D. Salinger, Franny and Zooey
  • Robert A. Heinlein, Stranger in a Strange Land
  • William S. Burroughs, The Soft Machine
  • Norton Juster, The Phantom Tollbooth
  • Roald Dahl, James and the Giant Peach

“The Soft Machine” by Burroughs broke all Copyright rules back then anyway as it was created by using the “cut-up technique,” where existing text from books got cut up and rearranged to create a new work.

The above books are but a fraction of what would be entering the public domain on January 1. And if they did enter the Public Domain, people would be free to use these books for whatever they want. Re-write their own versions of the books, modernise them, make them into space operas, make a film from them, create a stage play from them, write a concept album from the stories and so forth.

Instead, people from the U.S will have to wait until 2057 to have these works enter the Public Domain.

What films from 1961 would be entering the public domain if the U.S had the pre-1978 copyright laws?

  • Breakfast at Tiffany’s
  • West Side Story
  • The Guns of Navarone
  • The Parent Trap
  • Splendor in the Grass
  • Judgment at Nuremberg
  • The Misfits
  • The Hustler

“If these films were in the public domain, you could use them in your own works, just as they used earlier works in theirs. West Side Story (music by Leonard Bernstein, lyrics by Stephen Sondheim, book by Arthur Laurents) was free to draw upon Romeo and Juliet because Shakespeare’s work was in the public domain. And as Judge Richard Posner observed, if the underlying works were copyrighted, “Romeo and Juliet itself would have infringed Arthur Brooke’s The Tragicall Historye of Romeo and Juliet . . . which in turn would have infringed several earlier Romeo and Juliets, all of which probably would have infringed Ovid’s story of Pyramus and Thisbe.” One work inspires another. That is how the public domain feeds creativity.”

Duke Public Domain 2018 webpage

While popular films have a larger shelf life and commercial life, 90% of films made are forgotten. The true tragedy is that these films are disintegrating while preservation libraries wait for their copyright terms to expire.

What 1961 music would be entering the public domain if the U.S had the pre-1978 copyright laws?

  • Patsy Cline’s classic Crazy (Willie Nelson)
  • Stand By Me (Ben E. King, Jerry Leiber, Mike Stoller)
  • Runaway (Del Shannon, Max Crook)
  • Let’s Twist Again (Kal Mann, Dave Appell)
  • Surfin’ (Brian Wilson, Mike Love)
  • Crying (Roy Orbison, Joe Melson)

Again, it’s just a sample; however you would be able to use the above songs in your own songs and perform them without permission or a fee. The same way the above songs used other songs as inspiration, you would be free to use them as inspiration. Instead these musical works remain copyrighted until 2057.

Like West Side Story, some of the hit songs from 1961 borrowed from earlier works. Elvis Presley’s Surrender (Doc Pomus, Mort Shuman) was adapted from the 1902 Neapolitan ballad “Torna a Surriento” (Ernesto and Giambattista de Curtis), and his Can’t Help Falling in Love (Hugo Peretti, Luigi Creatore, George David Weiss) is derived from the 1784 French song “Plaisir d’amour” (Jean-Paul-Égide Martini).

Duke Public Domain 2018 webpage

A U.S Congressional Research Service study showed just 2% of works between 55 and 75 years old still make money. So for the sake of a few films and few corporations who benefits, the Public, which is millions upon millions strong is robbed.

“Locking up culture does no one any good, except for a small number of copyright holders on the few works that are still economically viable.”

Techdirt

The Public Domain Review page as a Class of 2018 article. Check out the class that should in the Public Domain all around the world, not just in some countries like the UK and Canada.

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Copyright, Music, My Stories, Stupidity

Ride The Copyright Until Forever

I have a Google Alert set up for Copyright news stories and there is a lot of em, every single day.

In Australia/NZ, there has been coverage about Eminem’s copyright win against the New Zealand National Party for using a track called Eminem Esque in a political advertisement.

So the courts found a political party guilty of infringing Eminem’s copyright on “Lose Yourself” even though they paid a license fee for a “sound-alike” song called “Eminem Esque” to a production music company.

I’m curious to know why the production music company who created the track “Eminem Esque” escaped punishment.

Didn’t the production music company create a work and then fraudulently claim it as their own work?

Didn’t the production music company pocket a license fee for their fraudulent song?

So shouldn’t that production music company who wrote the song “Eminem Esque” be in trouble as well.

Instead the deviousness of the political party to seek out a song which sounds similar to “Lose Yourself”, so they could pay a cheaper licensing fee is why the case is in the courts.

While the rest of the world worries about job security, it’s so pleasing (loaded with sarcasm) to see the Copyright industries securing their future with the courts.

In the U.K, Copyright complaints take up most of the High Court’s time. The world is dealing with all forms of crime, but intellectual property crimes are more important. It’s probably why the Commonwealth Bank of Australia invested via a tax haven into the performing rights income of popular artists. Thank god for the Paradise Papers which sheds some light on how the elite avoid paying taxes?

Copyright disputes are not just in the courts. They are in the local bars, the coffee shops, the sandwich shop and any other mum and dad place which play music or might have live music at the venue. Basically, if music is played anywhere, the collection agencies want to be paid via a license. Don’t be surprised if the price of the car you purchase is loaded with a music licensing tax based on how many people could listen to music for free in the car. Because, you know, for a five seater care, five people in the car could be listening to music at any point it time. And don’t be surprised if your car service fee is loaded with a music tax.

In a lot of European countries, blank media like CD’s and portable drives and USB keys already carry a music tax in their price. The lobby groups argued hard that every blank CD, USB or Portable Drive sold would be used to store copyrighted material, so a tax must be paid. The Courts believed them; maybe got influence by them in other ways and a law was passed for these devices to carry a copyright tax.

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