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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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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Copyright Rants 

Copyright is all over the news again.

The Electronic Frontier Foundation (EFF) is speaking out against the Recording Industry Association of America (RIAA), accusing it of “misstating copyright law” in a submission it made to the US Government around stream ripping sites. 

The RIAA states the popularity of stream ripping sites is high and the traffic volumes the sites get inflicts enormous damage to the US record industry. 

It doesn’t look like the balance sheets of the record labels show any damage whatsoever. 

The EFF states stream ripping has legal uses and stream ripping of music audio might be covered by fair use. The EFF also states the RIAA is asking the US government to apply copyright law the way RIAA wishes it to be applied and the US government needs to apply Copyright law as it’s written.

Then you have the music publishers seeking a new licence for mechanical (songwriter) royalties.

It’s no secret streaming companies are having issues paying royalties on songs. The reasons are many. Some obvious ones are because the data of who wrote the song is not available or if it’s available, it’s not entirely correct. Blame the record labels/publishers for having no duty of care to hold the correct information and when they provided this information to the streaming services, it’s been lacking. So they are happy to take the money from streaming services and then fail the artists they are meant to represent when it comes time to compensate them. Add to the mix how Copyright pre-1972 is driven by state laws and what you have is a litigation mess.

Streaming services are meant to pay both mechanical rights and the performing rights of a song. For the performing rights, there is a blanket licence paid to BMI, ASCAP, SESAC and GMR. For the mechanical rights, rates are set by laws and the streaming service has to get in touch with each individual copyright owner, to tell them a song they are involved with is being exploited and how they will pay the royalty rate to them. So suddenly, a technology that wants to bring music to the masses is tasked with FINDING all of the Copyright owners.  

Makes me wonder what the record labels and publishers have been doing for the last 70 years.

 Of course, a blanket licence would simplify things. This also means another government granted monopoly needs to be created. And from past experiences, the songwriters will still get pennies while this new entity will make billions.

In Canada, the record labels are asking the government to change the copyright laws, so they can “offset internet-driven losses”.

“Our goal was to point at two changes that will put millions of dollars into the pockets of music creators and people who invest in them.”

Graham Henderson – Music Canada’s President

If the music creators got paid on a 70 (to the artist) / 30 (to the label) split, it would put millions of dollars into the pockets of the music creators. However, the splits are more like 80 to 90% to the record label which means the music creators would get hundreds to the thousands, while the label gets millions.

Because if Copyright is there to reward creators then why are the Spinal Tap creators taking Vivendi/ Universal Music to the courts.

“Further compounding this fraud, improper expense deductions were made in Vivendi’s accounting to the creators, allegedly representing print, advertising and publicity expenses (undocumented) totalling over $3.3 million and a further $1 million in freight and other direct costs, more than half of which extraordinarily appears to fall some 20 years after the film’s release. Vivendi has also recently charged over $460k in ‘interest’ on production advances for a film released in 1984 and $165k in ‘litigation expenses’ to the creators’ account. Vivendi clearly has no intention of honouring its obligations to account honestly or to fairly compensate the Spinal Tap creators for their work”.

So let me get this straight.

Vivendi owns the film rights via some past acquisitions and Universal owns the soundtrack (music) rights. Both of them are making up accounting transactions so the creators of the Spinal Tap movie and the soundtrack are shown as being in debt to the studio/label. 

35 years later. 

They are still in debt to the studio/label.

All they guys want to do is take back their copyrights. Copyright law was written to allow the creator to take back their copyrights after 35 years. But the corporate entity which currently holds the copyright is not letting go.

Don’t you just love how Copyright is there to benefit the corporate entity?

The corporation is well compensated while the creator is alive and even more so once the creator is dead.

Yep copyright is so far gone it’s not even funny anymore.

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Copyright, Derivative Works, Influenced, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

Copyright Lawsuits 

Ed Sheeran writes songs and they become popular. Then he gets hit with lawsuit after lawsuit because his songs are making money and the family members of a departed artist, or the business entity that owns the copyright of an artist who is departed or is not creating anything worthwhile anymore wants a cut. 

If Copyright terms remained how they were originally, this would not be a problem. First, the creator had a 14 year monopoly, with a chance to renew for another 14 years for a total of 28 years. However, once the creator died, all of their works became public property, free to be used by any other artist/creator to create derivative versions. So if the creator passed away during a term, the works ceased to be under copyright and went straight into the public domain.

How do you think the British 60’s invasion happened?

Copyright maximalists and corporations would like you to believe because of strong copyright laws giving the creator an incentive to create works in a vacuum and free from any sort of influence. However, it happened because of the blues songs in the public domain which Keith Richards, John Lennon, Jimmy Page, Jeff Beck and many others used to create new works. In some cases, similar works.

But then the Copyright laws started changing. On the backs of lobby dollars from the corporations the laws changed to last for the life of the creator and then the laws changed again to last for the life of the creator plus 70 years after the death of the creator.

So who is copyright benefiting once the person who is meant to have the monopoly (the creator) to create works has passed on?

The corporations and estates who control the copyrights of long-dead artists. That’s who.

And because of these non-creative entities controlling copyrights, inspiration is now interpreted as infringement. Music and culture worked because people write songs inspired by past heroes. When I heard “Lift Me Up” from Five Finger Death Punch, I went back and listened to “The Ultimate Sin” from Ozzy Osbourne. When I heard “Kingmaker” from Megadeth, I went back and listened to “Children Of The Grave” from Black Sabbath.

It’s these inspirations from the past that keeps the past relevant.

However due to copyright lawsuits, labels are now even asking the artists to give them a list of songs that might have been used as inspiration, so they could check the possibility of future copyright infringement claims.

So how is this good for music and music creation.

And what about music created by AI machines. Does that fall under copyright or is that copyright free?

And YouTube is still a punching bag when it comes to payments. 

While the labels and publishers took over 3 years to negotiate with Spotify about operating in the U.S, YouTube became the destination for people seeking out music. And while the recording industry patted themselves on the back when they got a percentage stake in Spotify and allowed it to operate in the U.S, YouTube was busying doing what the recording industry should have been doing.

Spreading the love of music to the masses.

So of course, the millions the recording industry gets in licensing isn’t enough and via their lobby group, the recording industry needs to get more in ad supported royalty payments. The musicians are also screaming for a change however it’s their copyright owner that has let them down.

But is YouTube really such a problem

Its popularity is overtaken by Spotify for music alone.

Give people what they want and watch it grow. I still reckon Spotify is priced too high. It’s the same price as Netflix and Netflix spends millions on creating its own content and licensing content. Music production is in the thousands and for DIY artists it’s in the hundreds. But a music streaming service charges the same price as a video streaming service. Ridiculous. But that’s the greed of the labels and the publishing companies.

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

Is Copyright A Government Granted Ponzi Scheme?

Culture is all about emulation. Up until 1971, music culture had 11 years of progress by copying what came before and making it better. All you need as proof in the quality of music released around a descending bass line during that period.

In the United States Constitution it states the reasons behind Copyright is “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Most countries have similar reasons for copyright. Fast forward a century later and Copyright has become the get rich scheme of the century. It’s being used for everything except what it was originally intended for, “to promote the Progress of Science and useful Arts”.

All of those songs from “Hardwired To Self Destruct” will be in the public domain by 2120 (approx. based on the current terms of life of the creator plus an additional 70 years after death). Even Led Zeppelin’s IV will not be in the public domain until 2110 (approx.). I will be long gone by then, however my great great grandchildren will probably be able to benefit from a robust public domain in the same way that Led Zeppelin and Rolling Stones benefited from using blues and folk songs in the public domain to build their career. Then again, the record labels, movie studios and Performance Rights Organisations have done a wonderful job in getting Copyright laws retroactively changed to suit their profits, so by 2120 there could be no Public Domain whatsoever.

The crazy thing is the 10 year difference of the estimated public domain date between Metallica and Led Zeppelin however the albums are over 40 years apart in release date. Remember how I’ve always said Copyright was hijacked by business people in the 60’s and 70’s to benefit a corporate entity. Led Zeppelin created their main profitable catalogue of songs between 1968 and 1976. The copyright terms of the era were 28 years, with the option of another 28 years if the Copyright was renewed. After that, the song would fall in the public domain. So for a song written in 1968, its normal public domain date would have been 2024.

Copyright is an outgrowth of the privatization of government censorship in sixteenth-century England. There was no uprising of authors suddenly demanding the right to prevent other people from copying their works; far from viewing copying as theft, authors generally regarded it as flattery. The bulk of creative work has always depended, then and now, on a diversity of funding sources: commissions, teaching jobs, grants or stipends, patronage, etc. The introduction of copyright did not change this situation. What it did was allow a particular business model — mass pressings with centralized distribution — to make a few lucky works available to a wider audience, at considerable profit to the distributors.
Question Copyright article 

The 60/70’s era had the children of the WW2 survivors turn into teenagers. Add to the mix, all of the nation rebuilding going on and suddenly the modern family had money. And these kids looked for an outlet, which proved to be music. On the backs of Elvis Presley and The Beatles invasion, the sale of recorded music brought in a lot of money to the recording business, so something had to be done to protect those songs bringing in so much gold. The record labels (along with the movie studios who had their own boom in film) took the money meant for the creators and lined the pockets of politicians to write and pass laws.

Hell, the person that co-authored and brought the Copyright Act of 1976 to the U.S Senate was John Little McClellan. The funny thing is he led a Special Committee to Investigate Political Activities, Lobbying and Campaign Contributions many years before he was asked to co-author and submit the 1976 bill. Guess he would have seen everyone on the take, so why shouldn’t he. Let’s look at a few facts. He was 79 years old when approached by the movie studios/record labels. He was the perfect kind of senator to push their case as he was well-respected and in his 35 years as senator he introduced over 1000 bills which 140 were signed into law. A year after the bill was signed into law, he passed away. He didn’t care what damage the bill would cause.

So copyright becomes a government granted monopoly. Its value is based on another government bill that determines royalty rates. There is also the unregulated price labels charge to license music catalogues to streaming services and prior to the internet, the price they charged for recorded music.

A Ponzi scheme is a fraudulent investment operation where the individual/organization, pays returns to its investors from new capital paid to the scheme by new investors, rather than from profit earned through legitimate investments or business activities. Hell, streaming at the moment is a Ponzi scheme. New investor money is given to old investors.

So how can Copyright be a Ponzi scheme?

A Copyright operator is a company that collects royalties on behalf of artists or songwriters and then distributes those monies to the artists whose works were performed.

A copyright operator has the following investors;

Music consumers, TV networks, cable networks, terrestrial and satellite radio stations, streaming services, background music services, colleges, universities, concert presenters, symphony orchestras and hundreds of thousands of bars, restaurants, hotels, circuses, theme parks and any other place that plays music.

The Copyright operators brings in a bunch of venues and organisations and gets them to pay for blanket licences because the Copyright Operator has so many artists on their books, there is a high chance the music being played is an artist from their roster. The Copyright operator then uses the money from the newer venues to pay the Top 1% of the artists so the enterprise looks legit.

In 99% of the cases, the monies collected via the process mentioned ends up going to the Top 1% of earners. This is changing as artists see the value in holding their own copyrights, however the laws are stacked against them in relation to paying stupid fees to Copyright Operators.

As much as everyone hates Spotify, why do you think Spotify had to set up a $50 million fund to pay independent creators?

They had no information as to who the creators were. So what did the Publishing Rights Organisations and Record Labels do with the royalty monies they received from these works in the past (from recorded sales) because how can they pay royalties if they don’t have the information needed to determine who is entitled to the royalty.

Operators of Copyright schemes usually entice artists with the offer of high returns if they sell their copyrights back to the Copyright operator. Steve Perry got millions recently for selling his copyrights to a publishing company, while a brand new artist will get ZILCHO as their songs are not popular right now. But they could be in the future. Steve Perry would then get short-term returns, which will be inconsistent. And when that dwindles down to pennies, a new technology will get blamed for the pittance in payments back to creators, while the Copyright operators swim in cash.

Seriously, how much of the Spotify license fees go back to all of the artists and songwriters (not just the Top 1% of earners)?

It’s because of Copyright laws, that the Copyright operators have this bargaining power?

The Copyright Operators had it easy while the record labels controlled the distribution gate. But the internet became a game changer and suddenly the copyright business was failing to achieve the returns expected. So the business went screaming to the Government to write laws to protect its business model. This time the government didn’t listen and the copyright business still continues to operate under fraudulent terms. But, the money pool is increasing, as music consumers turn to an access model and streaming is providing billions to the old investors.

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

Progress Is Derivative 3

Playlist 

Good artists copy, great artists steal is the saying. We can paraphrase it to “Good artists try to sound original by hiding their influences”, while “great artists let their influences show”. It’s how the language of music is learned. We imitate our influences.

If you don’t believe me, what is the first thing a person does when they are learning an instrument?

We start by learning songs created by other artists.

Inspiration is not theft. Theft is me taking something and you not having it to use anymore, like your apple or your car. Taking a musical expression and using it in your own song is not theft, as the original musical expression is still there. Here are some examples of taking musical expressions and re-using them in different songs. And in each example, the original expression is still there.

  • Five Finger Death Punch in the verses of “Lift Me Up” paid homage to Ozzy’s vocal melody from “The Ultimate Sin”.
  • Megadeth in the verses of “Kingmaker” paid homage to Black Sabbath’s “Children of the Grave”.
  • Dave Mustaine wrote “This Was My Life” from his “Phantom Lord” progression that appears from about 2.30 to 3.10.
  • “Live Wire” from Motley Crue borrowed from Girlschool’s “Yeah Right”.
  • “My Sanctuary” from Unisonic released in 2012 has a vocal melody that is very similar to “A Flock Of Seagulls” song called “I Ran (So Far Away)” that was released in 1981.
  • “Hey Hey My My” from Neil Young, released in 1979 is very similar to the song “I’d Love To Change The World” from Ten Years After released in 1971. In addition the riff to Tom Petty’s “Refugee” from 1980 is also very similar to “I’d Love To Change The World.”
  • “Ten Black Roses” from The Rasmus released in 2008 borrows from Muse’s “Showbiz” released in 1998.
  • “Life is Beautiful” from Sixx AM released in 2007 borrows from Duran Duran’s “Come Undone” released in 1993.
  • Even the song “Come Undone” is an amalgamation of other songs. Duran Duran wrote a song called “First Impression” and guitarist Warren Cuccurullo was creating a re-interpretation of the song for a covers album the band was doing which would include some re-interpreted songs. The bass line and drum groove came from producer John Jones and a song demo he did called “Face to Face”.
  • The song “This Is It” from the band Staind released in 2011 has the chorus vocal melody that borrows from The Offspring’s “Gone Away” chorus melody.
  • “Shepherd Of Fire” borrows from everything. The fire and the bell at the start and the feedback riff with the evil tri-tone is influenced from the song “Black Sabbath”. The drum pattern is very “Trust” like from Megadeth which is based on based on AC/DC’s “Dirty Deeds Done Dirt Cheap”. The guitar riffs are also very Megadeth like and also based on “Trust” from “Cryptic Writings”. Yep, it’s perfect and it is a perfect example of the “progress is derivative” effect in action.

The list is just a summary of how the creative arts work.

We take what came before and we build on it. And for creativity to flourish and for cultures to grow like the British 60’s explosion, a healthy public domain is needed which means shorter copyright terms or even no copyright terms.

Copyright is never about paying artists/creators. Copyright was designed by the distributors (book publishers, record labels and movie studios) so who do you think benefits most from Copyright.

For centuries, the distributors have campaigned hard to promote how Copyright is there to help writers and artists. They have PR writers who tell the story of the poor artist who needs Copyright to pay the rent and how dare do people, copy a song instead of paying a price set by the industry for it. These PR writers have turning copying a song, (two songs exists) into theft (now product A is not in your possession).

Yes, Copyright operators do pay artists as a means to make it look like it’s doing the right thing, however more monies end up in the pockets of the organisations than artists.

And all of the great PR work the labels, movie studios and book publishers did in selling the copyright story is biting back at them, via the heirs of dead artists (who in reality should have no rights to songs they didn’t create) taking them to court with plagiarism law suits and what not.

Sort of like our governments who finance revolutionaries, only to have those revolutionaries rise up against their financiers once they seize power.

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