A to Z of Making It, Music, My Stories, Piracy, Stupidity

Who Is Ahead Of The Game and Who Is Behind The Eight Ball

Ahead Of The Game
Demonoid. As the single largest semi-private BitTorrent tracker that ever existed, Demonoid offered a home to millions of file-sharers. Throughout it’s history it has been taken offline a few times and the most recent one occurred last year. However, the site is known as the “COMEBACK KID” and it is back again. Never underestimate innovation. It always trump corruption and money.

Behind The Eight Ball
As expected and predicted by everybody, the Entertainment Industries/Hollywood Studios are now suing MegaUpload. The fact that they conspired with the Government to take a cyberlocker off-line was not enough. The fact that they made a lot of people lose personal content like photos, papers and videos is not enough. Let’s spend more money and sue the organisation. I suppose the catchcry is going to be the whole “WE NEED TO SEND A MESSAGE”.

Ahead Of The Game
YouTube dominates music streaming UNOFFICIALLY.

Behind The Eight Ball
Apple’s got no streaming solution. iTunes Radio is no match for Pandora so Apple/Cook making a billion dollar deal with Beats Music (which was losing money) so that they could have a streaming solution. And Trent Reznor (who was an investor in Beats) cashed in with the Beats sale to Apple by making way more money than he ever made in music.

Ahead Of The Game
Streaming wins.

Behind The Eight Ball
Spotify laid the foundation for streaming by fighting from trench to trench. Can they compete with Apple? The word on the street is that Apple will have a better royalty rate when it comes to streams.

Ahead Of The Game
The Techies are still the winners when it comes to music and distribution.

Behind The Eight Ball
Ponos and Studio Quality music in our ear buds.

Ahead Of The Game
Independent bands that come up with creative ways to engage their fans. “The Airborne Toxic Event” a few years back released a series of stripped-down, single-shot videos for every song on their album. Check out their Spotify and YouTube numbers today. A lot of the established rock bands do not have those numbers. The lesson here is that the artists in today’s world have way more opportunities to reach out to their fans and share content with them. It’s a lifer game.

Behind The Eight Ball
Artists talking about CD sales. Or research that focuses on innovation hurting sales of music. Hell, lets bring back Eight Track Tapes and Cassettes while we are at it.

Ahead Of The Game
Number crunching. MusicMetric, Echo Nest and Next Big Sound are all out there providing analysis on music by examining all aspects of a bands presence, like Social Media, Peer To Peer, legal mp3 purchases and streaming numbers.

Behind The Eight Ball
Lobbyists are still pushing hard for prosecution of online pirates and that new law is known as the Trans-Pacific Partnership (TPP). Basically it is a free trade deal that is being negotiated in secret and it has similar provisions to America’s controversial SOPA and ACTA bills.

And what about these other little innovative beauties from the entertainment industries;

DreamWorks calling for a piracy crackdown while they rake it in.

MUSO (a takedown service) is the Entertainment Industries answer to piracy. And the UK Government is providing funding.

If you are an artist, you need to keep on creating so that you can stay ahead of the game. If you are a label, you need to be finding talent and innovating to stay ahead of the game. Otherwise, you will be behind the eight ball and blaming everyone else for your shortcomings.

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

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

BUSINESS MODEL PROTECTIONISM

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

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

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

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

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

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

Call it the last screams of the ENTITLEMENT EXECUTIVES.

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

This is not what copyright is designed to do.

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

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

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

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

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

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

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

THE WALKING DEAD

It’s passed its prime.

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

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

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

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

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

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

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

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

ROCK’N’ROLL HALL OF FAME

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

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

“Who made you God to say”

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

Innovation V5.0 – It Just Keeps Getting Better from Liberation Music and Rightscorp

Each week, the technology industry and the sites that enable copyright infringing are innovating at a rapid rate to stay ahead of the curve.

YIFY is one of the more popular torrent sites out there. Instead of resting on their laurels they are innovation even more. Read this article. You will see all the development that YIFY carries out. These are the people who the recording industry need to employ, not shutdown. But when the entertainment industry only cares about dollars, sites like YIFY that facilitate sharing are seen as the bad guys.

The funny thing in all of this, is that Napster showed the entertainment industries what people want 15 years ago. So why haven’t they listened. Spotify is trying to compete however it is failing because people still want to download a song for free and be able to do anything they want with it. And they want to do it easy and with no strings attached.

In relation to the entertainment industries, check out their “wonderful” innovation list.

This one has been going on for some time. Liberation Music sent a bogus take down notice to YouTube on a presentation that Larry Lessig posted back in June 2013. Now for those that don’t know, Larry Lessig is a famed professor and a copyright/fair use expert. So they picked the wrong guy to try to censor. Lessig then filed a counter-notice and Liberation threatened to sue for copyright infringement if Lessig didn’t retract his counter-notice.

So who is Liberation Music. Of course they have to be from the same country that I am from, good old Australian. So Liberation Music owns the Australian copyright for a song called “Lisztomania” by the band Phoenix. The Lessig presentation has a snippet of that music.

Let me get this straight. Liberation is an Australian label, who owns the copyright for a song in Australia only and then issues a bogus take down notice on an US presentation that has a tiny “fair use” snippet on it.

So in response, Lessig filed for declaratory judgment and sought damages for the bogus take down offer. Liberation finally came to its senses when it realised it was going to lose and agreed to settle the case with Lessig, paying him an undisclosed sum that Lessig then passed on to the EFF (Electronic Frontier Foundation) who worked on the case.

Moving on to some innovative news, we have the latest internet troll Rightscorp at it again. This time they are trolling the torrent public trackers for IP addresses that are linked to the torrenting of songs that are on the Billboard 100. Nice business model if people actually get scared by the threats and pay. If they send out 10 million notices a year and 1 million pay the $20 infringement tax, then that is a cool $20 million.

Surely some of that money will go back to the artist, songwriter, producer or the performers. Innovation has ceased/never began for the Record Labels. All in the name of the guaranteed dollar.

http://torrentfreak.com/revealed-the-secrets-of-yify-torrents-network-140223/

http://torrentfreak.com/lawrence-lessig-wins-damages-for-bogus-youtube-takedown-140228/

http://torrentfreak.com/billboard-100-pirates-automated-fines-140227/

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

Entertainment Industries Innovation V4.0 – When Will “Smoke On The Water” enter the Public Domain?

As a fan of music and the public domain it’s hard to understand why longer copyright durations are requested from the Corporations that control/hold the majority of copyrights. The majority of the music that I like was under copyright when I was born and by the time I die, it will still be under copyright. So how is that benefiting the creator in creating more works (who will be long gone) and the public who are meant to build off previous works because that is how culture thrives.

Remember, copyright was designed to give the creator a monopoly on their works for a certain period of time so that the creator can monetize their work, which in turn provides an incentive to create further works.

So without really realising it, we (the public) have a copyright law that more or less lasts a lifetime.

Let’s use “Smoke On The Water” as an example. It was released in 1972. Copyright on the work is meant to last the lifetime of the songwriters plus 70 years. The male life expectancy is 80 years. The songwriters listed for “Smoke On The Water” are Richie Blackmore, Ian Gillan, Ian Paice, Roger Glover and Jon Lord (RIP).

Let’s start with Jon Lord. Due to his death in 2012, his copyright in the song will expire in 2082. However the song will still remain under copyright due to the later deaths of the other members.

Let’s assume that all of the members live to the life expectancy age of 80 years old. That would mean Richie Blackmore, Ian Gillan and Roger Glover would have an end date of 2025. Add another 70 years to that and the copyright that they hold in the song would expire in 2095. However at this point in time the song is still under copyright.

Ian Paice is born in 1948, therefore his life expectancy end date would be 2028. Add another seventy years to that and the copyright monopoly held by the corporations on “Smoke On The Water” will finally expire in 2098, 126 years after the song was released. That is when, the public (provided that no more retroactive extensions are added) are allowed to use the song to build other works and derivative versions.

So the next time a copyright maximalist insists that copyright has an expiry date, tell them they are full of it. Copyright in reality has no expiry date during our life time. Remember in the US, the “Copyright Term Extension Act” extended the copyright of old works that should have been in the Public Domain to 2019.

And guess what the copyright corporations are gearing up for?

Yep, you guessed it. They are gearing up for another secret lobby/bribery effort to extend it. Using PIRACY as their weapon of choice, the lobby groups are pushing hard for the Government to step in and protect their business models.

Maybe they should focus on paying their artists accurately and properly. A story over at Hollywood Reporter, mentions about how Sony Music Entertainment is getting sued by the music company “Thursday by 19 Recordings” for royalties not paid, to the tune of $10 million. The interesting part of the case is how the record labels treat streaming payments.

The lawsuit is making the claim that streaming payments to the artists need to be classified as licensed works and not as sold works. The difference between royalty payments for licensed works and sold works is huge.

On what about this for a piece of innovation from the entertainment industries. Poor old LeaseWeb, the web hosting provider. One if it’s clients was Megaupload.com. As we all know, Megaupload was taken down in an Osama Bin Laden style raid in a classic example of overreach by the entertainment industries. The law enforcement bodies took action on this case based on evidence provided/lobbied by the Entertainment Industries namely the MPAA. Anyway, fast forward to 2014 and LeaseWeb is now being sued for allowing the hosting of websites that infringed on copyrights. While we are at it, let’s sue the car manufacturers for allowing us to infringe on the speed limits.

In Australia, the Attorney General, George Brandis wants the ISP’s to outlay money and carry the burden of protecting the business models of the entertainment industries. How about the entertainment industries releasing content on time and at a reasonable price. Graduated response schemes haven’t worked in France, the US and New Zealand, so let’s keep on pushing for them.

And to make this story even more interesting, the lobby group that is pushing for this three strikes rule has donated close to AU$4 million to the Liberal and Labor parties since 1998.

The Australian Screen Association (ASA), formerly known as the Australian Federation Against Copyright Theft (AFACT) who is well-known for the triple knockdown they received from iiNet in the courts. So of course, since the 2012 ruling, ASA has lobbied the government hard for a graduated response scheme. ZDNet did a great piece on this around the donations.

Keeping with the Australia theme, I just finished reading a story over at News.com.au about how Foxtel (the ONLY Pay TV provider in Australia) is planning on taking on the people who pirate “Game of Thrones” with a new cut-price plan. Before we get into the new cut price plan, it’s important to set the scenario.

Foxtel holds the exclusive rights to the “Game of Thrones” season 4 run in Australia. This means that the only legal way to watch the fourth series of “Game Of Thrones” in Australia is to pay for a subscription. Nice innovation.

Obviously this is an unpopular choice. No one wants to take out an expensive Pay TV subscription just for a TV show that has a 10 week run. Foxtel has another package called Foxtel Play, which is pay TV over the internet.

So Foxtel is saying to people, hey, if you have a Foxtel Play account, which costs $25 a month for a package based on a genre and of course the movie genre/Showtime is not included in that package, however if you chuck in another $35 over three months, you can watch “Game Of Thrones” legally.

So in reality, that three month run is going to cost a fan of the show, $110 to watch Game of Thrones legally in Australia. That is $75 (from the $25 a month for a Foxtel Play package that will still continue after the shows run is over) plus the $35 for the Showtime channel.

Yep, that is typical innovation from the entertainment industries.

Or how about the comments from John Landgraf, CEO of FX Network and Rick Cotton, Senior Counsellor of IP protection at NBC Universal.

“The legal copy of a property that’s been placed online can then be pirated.”

Yep, much the same way a legal DVD and Blu-Ray can be copied. Much the same way a legal airing of the TV show can be copied. Much the same way a legal VHS cassette could be copied.

Yep, sounds like typical innovation from the entertainment industries to me. I also like the part how they are trumping up the stats that piracy websites make a whopping $4.4 million annually on ads. If that is the case, then why don’t the entertainment industries offer the same service as the piracy websites do and make that same money. That is one way to compete with free. The reason why they don’t do it, is that the licensing deals they have around the world is worth way more. A lot more.

The audience for entertainment products has changed. Napster changed everything. That happened almost 15 years ago. So why haven’t the entertainment industries given the audience what Napster did 15 years ago.

http://m.theaustralian.com.au/business/latest/brandis-mooted-piracy-crackdown-riles-up-isps/story-e6frg90f-1226831754567

http://www.news.com.au/entertainment/tv/game-on-foxtel-takes-on-game-of-thrones-pirates-with-new-cutprice-plan/story-e6frfmyi-1226835839975

http://www.zdnet.com/au/lobby-pushing-for-australian-piracy-crackdown-donates-millions-7000026421/

http://variety.com/2014/digital/news/nbc-universal-fx-chiefs-call-for-increased-anti-piracy-measures-1201111186/

http://www.vcpost.com/articles/21728/20140219/digital-citizens-alliance-report-shows-piracy-websites-also-make-a-whopping-4-4m-annually-on-ads.htm

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

Entertainment Industries Innovation V2.0

Yesterday I posted about how the music industry innovates. If you caught the drift of the post, it was full of sarcasm around their “innovation” practices.

Seriously the music industry thought it was wise to spend money on an anti-piracy app. Paul McGuiness thought it was time to complain again about Google not doing enough to protect his 1990’s income stream and finally a copyright troll called “Rightscorp” is looking to shakedown people that they identify via IP addresses, even though judges across the world have stated that the IP address doesn’t show who the actual infringer is.

So continuing on with yesterdays innovation theme, what goodies do we have in store today.

First off, the Hollywood Reporter has an article about Voltage Pictures shaking down people that are sharing the “Dallas Buyers Club” movie. For those that don’t know, Voltage Pictures made the headlines 4 years ago for “pioneering” a new breed of copyright troll lawsuits around “mass swarms” of torrent users. However the question needs to be asked, IS piracy really hurting the movie? Wikipedia states that the movie cost $5 million to make. In the US it has grossed over $22 million. Now what Voltage Pictures should be doing is making the movie available to the whole world on the day of it’s release.

For example;

Portugal had a cinematic release date of January 16, 2014. Colombia had a cinematic release date of January 24, 2014. The Czech Republic, Netherlands, Singapore and Thailand had a cinematic release date of January 23, 2014. France had a cinematic release date of January 29, 2014 and Italy had a cinematic release date of January 30, 2014. In 2014, Geographical gated releases are stupid. The movie came out in the US in November, 2013. It came out on DVD in the US know in February, 2014. Once the movie is out in a country, it is out to the whole world.

Anyone heard of David Braben. He is known as “The Godfather of Gaming” and at one stage he was a very vocal piracy critic. However he now has a very different view on the issue;

“Piracy, while frustrating, can contribute to game evangelism.”

“It can also help you reach new territories. For example, we are huge in China now. In the old days of silver discs, it would have been impossible to break the whole country. We would have needed an office in every province but through piracy, our games are circulating and fans are now seeking us out.

“Piracy goes hand in hand with sales.”

“If a game is pirated a lot it will be bought a lot. People want a connected experience, so with pirated games we still have a route in to get them to upgrade to real version. And even if someone’s version is pirated, they might evangelise and their mates will buy the real thing.”

As the Techdirt post points out, Braden acknowledges that the piracy of his games is irritating. Every creator and artist can relate to that. However, instead of fighting them, he is putting strategies in place to turn those pirates into customers. His latest project, Frontier: First Encounters, the latest iteration in the “Elite” series was funded via Kickstarter. The initial goal was to raise £1.25m. In the end it raised over £1.5m, however the important part of this, is that once the mainstream media started to report on it, the project got another £700,000+ from investors. And that is what fan funding is all about.

It’s not about the money raised, it is about the marketability of the product. Are people interested in what you have to offer. Protest The Hero fan funded “Volition” and then they got label interest for the physical distribution of the album, along with merchandise interest for the tour.

So while Voltage Pictures are spending their money mobilising their legal teams to capture pirates and make them pay up, David Braden and his company are turning those pirates into loyal customers who are paying up because they want to participate in what Braden has to offer.

Going back to the anti-piracy app launched by the music business, I still can’t believe they actually spent money on that rubbish, especially when you have the company behind the BitTorrent client pushing the boundaries in relation to DIY distribution.

The BitTorrent Bundle has been around for a while and it has been used by various artists and creators to promote their works. Basically it is showing itself as another great distribution product, which gives any creator another way to connect with fans of their content and something to be used in conjunction with Netflix, iTunes, Spotify and YouTube.

This is how the entertainment industries fail. They fail to think with a different mindset. Everything is so locked up with profit margins and sales, they fail to see the many opportunities on offer to their creators. While the executive boards of the entertainment industries focus on profits in return they are exercising a poor duty of care to their creators, who are the ones that actually make money for them.

No one wakes up in the morning and thinks to themselves, “I want to hear some music from Universal artists” or “I want to watch a movie from Fox Studios” or “I want to read a book from Titan Books” or “I want to watch a TV show from HBO”.

We wake up with the mindset of “I want to hear Lynch Mob” or “I want to watch Star Wars” or “I want to read “Darth Bane: Path To Destruction” or “I want to watch “Game Of Thrones”.

In Australia, there has been outrage about how HBO signed an exclusive only deal with our only PAY TV provider FOXTEL for “Game Of Thrones”. Basically, if an Australia resident doesn’t have the stupid and expensive PAY TV contract in place, they cannot watch “Game of Thrones”.

So of course, Australians download it. Illegally.

However if you dig deep into HBO’s exclusive rights deal with FOXTEL, you will see that HBO really doesn’t care about “Game Of Thrones” being locked up behind a paywall. The reason why HBO doesn’t care is that they make a shit load on the DVD/BluRay sales in Australia. The profit margins from a DVD and a BluRay sale are exactly what HBO wants.

So while the entertainment business are trying to teach the consumers that piracy is bad, the technologists (like BitTorrent) are innovating even further and are providing creators even more options to distribute their product and connect with fans.

As David Braden stated; “It (piracy) can also help you reach new territories.” and “It can lead to an increase in sales.”

And that is what HBO is very aware of. They have seen the results, especially in Australia. PIRACY of “Game of Thrones” has led to huge sales of the DVD/Blu-ray releases of each series.

Finally, while the recording industry screams piracy, one of their own executives is accused of using major label money to fund an extravagant lifestyle. While the recording industry ignores innovative ideas like “BitTorrent Bundles”, the ones that do embrace them are seeing their products reach millions of users. For the record the most downloaded torrent for 2013, was a legal one.

The sad thing in all of this is the artist/creator. They are the ones that actually create the content that the people want. When they get into bed with a record label, it rarely ends well for them as the record label is only interested in profits RIGHT NOW.

They don’t care about the exposure that other distribution channels can offer them, which could lead to increased sales in the long term.

http://www.indiewire.com/article/bittorrent-sets-the-record-straight-about-piracy-wants-to-partner-with-filmmakers

http://variety.com/2014/digital/news/bittorrent-looks-to-spruce-up-its-image-with-hollywood-1201086470/

http://www.smh.com.au/entertainment/box-seat/game-of-thrones-finale-sparks-viewer-frenzy-20130611-2o1bw.html

http://www.tonedeaf.com.au/news/international-news/383823/former-major-label-executive-accused-of-embezzling-1-million.htm

http://nypost.com/2014/02/04/former-warner-music-exec-allegedy-embezzled-over-1m/

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

Beyond The Horizon – The Future Of Music

Beyond the horizon lies a very different musical and entertainment landscape, one that has been completely reshaped by technology. Back in the Eighties, the goal was to work in the music business for a record label while you dreamed of being a rock star. Fast forward thirty years and the goal is to work in technology. The new rock stars are the tech heads.

The control that the entertainment industries had on entertainment has diminished with the rise of the Internet as a distribution and marketing platform.

Barriers of entry have been lowered. Artists don’t need a middle man to distribute their music. However, artists are in love with the story of fame and wealth. Artists today seek to have what the megastars of the Seventies, Eighties and Nineties had. The reason why we had megastars in the music business is that those acts took risks. Today the majority of acts play it safe. The ones that sit on the fringes are the ones that end up building a career.

The aim of the game is to outlast the competition.

So what will the new landscape look like?

Ownership and Premium Content – Once upon a time we paid money just to hear the music. I just looked at my Amazon purchases for 2013 and I have purchased $750 worth of music so far. I am sure by years ends I will have done close to $1000 of music purchases. There is still a sense of ownership. However the ownership aspect has shifted more to premium products.

Sound – Once upon a time we paid large sums of money for hi-definition sound systems, just so that we can listen to our music in aural bliss in the comfort of our homes. Now we listen to compressed mp3’s on headphones in the car, at work, in the gym or on the running track. The focus is now on expensive hi-def. headphones. I believe it is an expensive fad. The majority of music consumers will still remain on the cheap alternative headphones however the push is on for better alternatives.

Performing Live – Once upon a time we used to wake up early to queue in massive lines so that we can buy an affordable ticket to the rock n roll show. Back then, we could afford to go to a show every month. Now, tickets are so overpriced that we can go to a show maybe twice or three times a year.

Actually this year, I have gone to a few concerts. I have seen Coheed and Cambria ($70 ticket), Bullet For My Valentine ($70 ticket), Periphery ($60 ticket), Black Sabbath ($160 ticket), Motley Crue and Kiss ($200 ticket, in total $800 for the family) so far. In December, I am taking the family to see Bon Jovi ($250 a ticket, in total $1000 for the family). That is $2,160 spent on concert tickets so far.Add to that figure merchandise purchases of $500 and you have a $2560 bill for live entertainment.

The Pirate Bay – While the Entertainment lobby groups are high fiving each other about getting court orders for ISP’s to block access to The Pirate Bay, they are failing to see the New Pirate Bay slowly coming over the horizon. Remember that the initial plan of The Pirate Bay was to create a small BitTorrent tracker for an extended circle of friends. No one predicted what was to come. The Pirate Bay’s aim was always to be copied. It never wanted to be the biggest or the most visited. It wanted to spawn a billion offspring’s.

So if you are an artist starting off today, there is a very good chance that you have downloaded a lot of music via The Pirate Bay. Don’t fight it, use what if offers and exploit it.

What needs to be done now to sustain the system?

Artists hold the key. They are the ones that the system thrives on. They are the ones that can set the rules. We are in the midst of a creative renaissance. It is the Labels, Studios and Networks worst nightmare. They used to be in control. They had the money for production and they had the control on distribution. If artists wanted to play in the game before, the needed to sell out, they needed to kiss butt. Those days are over. The means of production is in the hands of the artist.

Distribution is free. The world television is YouTube.

So what happens when everyone can participate? Only great will win. If an artist is great and they are willing to be in the business for a long time, then they will become an icon. Success and the audience will catch up with their greatness in due time.

Today it’s all about being the king of the individual and creativity. Money comes last.

How do artists transform their businesses to succeed in this new environment?

Repeatability – Music isn’t for the once anymore. iTunes is dead. I have spent over $700 on purchasing music this year so far. I am moving to the streaming option. It is for the many. The fan needs to immediately click on replay once they hear the song. If they don’t, the artist has done it wrong.

The era of taking a year off to make an album is over. The hard-core will buy the album and then it is over. We can listen to everything for free online. We only have time for great. The concept of buying an album and finding out it sucks is over.

Delayed Acknowledgement – An artist needs to keep at it, even though there is no obvious chance of success in sight. It is the lifers who last. This goes against the message of the era, which is that we need to be paid and we need to be paid right now. Volbeat is a perfect example of delayed recognition. The success they had in the USin 2012, is based on a song that was released on their 2008 album. Eventually the audience will catch up with the artist and when it happens the artist needs to be around to capitalise on it. Volbeat released a new album in 2013, and they still had their 2010 album selling decent numbers.

Mindshare – There is just too much content out there looking for attention. That is the nature of the new music business. Piracy hasn’t dented the recording business. The statistics from the record labels are all bogus. The flow of constant new content is the killer of the recorded business model. When there is so much competition, only great will rise to the top. So if the record labels and other misguided artists whine about piracy, they should know that what they released was just not great. The money is now spread across thousands of bands instead of hundreds of bands.

The “rock star myth” was a deliberate creation of the major labels. Wannabe musicians bought it hook, line and sinker. The Record Labels licked their lips at all the talent waiting to be exploited. Generally speaking, every artist puts in over 40+ hours per week just to make it. Once they get some traction, those 40 hours a week goes up to 60 hours a week. Artist need to be prepared to put in the hard work on a consistent basis as music doesn’t last these days because it’s too accessible.

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

Record Label Innovation – Kill Music Service to Protect Old Business Models

What are the Record Labels worth without the talent? ZERO!

So what do the Record Labels do to their talent?

They treat them to a world of creative accounting.

They treat them to a world where they spend monies on DMCA takedowns and litigation to protect the old income streams, instead of nurturing new income streams for their talent. Throughout life, people are always looking for something new, however the recording industry believe in selling the same old thing in music. When something different comes out like Mumford & Sons, Adele, PSY and Imagine Dragons it triumphs in unforseen ways.

The whole approach of the Record Labels and the RIAA has been if they can’t control a business, their next best option is to kill the business off. Napster showed the music business what the fans wanted, however they killed it off and to this day, not one legal service has risen to offer what Napster offered, which was Community and Convenience.

There is a song called Red City on the new Stone Sour release, House Of Gold and Bones II. In the story line, our hero is in the clutches of the bad guys and the song Red City marks the beginning of the end for the main character. If the Entertainment Industries and their stooges get their way, it is the beginning of the end for the Internet and the opportunities it gives to creators.

Sort of like the lyrics in the new Black Sabbath song, End of The Beginning that states “rewind the future to the past”. That is what the Entertainment industries want. The past to return. That is the future they want.

Look at the recent behaviour of the one they call Prince. Even the Electronic Frontiers Foundation has inducted Prince into its “Takedown Hall of Shame”. To sum up, Prince has issued DMCA takedowns on six second clips of a Prince concert, on fan recorded concert videos of him covering Creep from Radiohead (which by the way he doesn’t even own the rights to the song), threatening to sue people for thinking of doing a tribute album to him and a takedown of YouTube video of a toddler dancing to a Prince song (which is in the Courts at the moment).

The reason why I am mentioning Prince is to show people what a misguided artist he has become. The labels send millions of DMCA takedowns each day and in a lot of cases they censor free speech under a copyright claim. They have even taken down their own websites. Universal Music Group even took down Black Sabbath’s God Is Dead YouTube stream from the Black Sabbath YouTube page.

When is the Recording industry and people like Prince going to stop complaining? When are they going to stop lamenting the passage of the good old days? When are they going to stop blaming the technologists and the fans for ruining their business models. There is a reason why Indie labels have claimed a large slice of music sales this year than the three majors. It’s because they are working on the outside, digging deep and finding those real stars, the real golden nuggets.

Music used to be cutting edge and it used to drive the conversation and the culture. These days music is just another consumable, ready to be consumed like milk. Musicians like Prince, Jon Bon Jovi, Jay Z and so forth are trying to get in bed with the Fortune 500. Where is it written that musicians must be rich? You create quality that resonates and connects, then you will be a star.

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