Tag Archives: Flight 666

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

Copyright Inc

There has been a lot of talk about Copyright and the Public Domain in the last month.

There was the whole Iron Maiden story about the band rewarding Copyright Infringers with Concerts. The website that ran with it issued an apology for falsely attributing Musicmetric quotes to the band, yet if you look at the markets that Iron Maiden has hit over and over again along with the “new markets”, all of those places are on the Musicmetric list of places that download Iron Maiden’s recorded music illegally. So even though the story proved to be false, there is some form of data out there that Iron Maiden is utilising to hit places where they have a low record sale amount but a high download rate.

Even their drummer, Nicko McBrian stated the same in the “Flight 666” documentary about their shows in India and Costa Rica. To paraphrase, he said something in the vein that Iron Maiden hasn’t sold any albums in Costa Rica however they sold out the sports stadium. So how did those fans get the music then.

Look at Metallica. They are also utilising some form of data to identify which new markets to hit or which markets deserve to be revisited. Their recent concerts in China proved this. The sale of Metallica music in China is low, however each concert was sold out. Peru is another new market that Metallica hit and will return too despite the fact that they have very low recorded sales.

I also just finished watching the Rush documentary, “Beyond The Lighted Stage” and in the documentary, Neal Peart is talking about their Vapour Trails tour of South America and how they didn’t know what to expect and in the end they played to their biggest ever concert attendance at Sao Paulo.

In other words, the Brazil tour took place in November 2002 . Napster launched in June 1999 and operated up to July 2001, Audiogalaxy launched in 1998 and operated up until 2002 as a file sharing system that indexed MP3 files. Limewire started operating in May, 2000 and Kazaa in March, 2001. So in three years of peer to peer mp3 sharing, Rush’s fan base grew extraordinarily.

At the beginning of each year, numerous works will have their Copyright expire and they will enter the Public Domain. There is an excellent post up at Techdirt titled, “The Grinch Who Stole The Public Domain” and it covers the works that should have entered the Public Domain in the U.S on the 1st January 2014, however for reasons that are still not clear to the public, these works have been taken away from the public due to a copyright extension that is in place up until 2019.

In the U.S, up until 1978, the maximum amount of time that a work in the US could be covered by copyright was 56 years. As the article states, a creator initially received a 28 year copyright term, which could be renewed for another 28 years.

So back in 1957, Ayn Rand knew that when she created “Atlas Shrugged” that it would be given back to the public to share and build on by January 1, 2014. Same goes for Ian Fleming and his James Bond book, “From Russia With Love.” The same goes for Dr. Seuss and his two books, “How the Grinch Stole Christmas” and “The Cat in the Hat”. All of these authors went on to create further works, so it is safe to assume that that the 56 year Copyright monopoly the creator would have was more than enough incentive to create further works.

In relation to music, the following songs should have appeared in the Public Domain in the U.S.

“That’ll Be the Day” and “Peggy Sue” (Buddy Holly, Jerry Allison, and Norman Petty),
“Great Balls of Fire” (Otis Blackwell and Jack Hammer),
“Wake Up, Little Susie” (Felice and Boudleaux Bryant)
Dmitri Shostakovich’s Symphony No. 11 in G minor (Opus 103; subtitled The Year 1905).
Elvis Presley’s: “All Shook Up” (Otis Blackwell and Elvis Presley) and “Jailhouse Rock” (Jerry Leiber and Mike Stoller).

The above musical works remain copyrighted until 2053 however based on their initial copyright terms, the works should be in the Public Domain.

The purpose of Copyright law was always to encourage the creation of works that would be put into the public domain to promote learning, knowledge and understanding. However, with large organisations controlling a lot of the Copyrights (and their power is growing each day), the law has been twisted into a system that is used to lock works up.

Then you have someone like Jimmy Page, who is really enjoying his Copyright monopoly by continuing to re-issue the same Led Zeppelin works he created between 1968 and 1980. Jimmy Page is a huge influence on my guitar playing. His body of work with Led Zeppelin, along with Coverdale/Page album were all brilliant. The new music he created with Robert Plant, “Walking In Clarksdale” was also a decent effort.

However, “The Firm” and his solo album, “Outrider” didn’t rattle any bones in me. Compared to Robert Plant who constantly creates new works, Jimmy Page has more or less sat back and monetised his copyright monopoly. Since 1993, Jimmy Page has overseen more than twenty three re-issues, re-mastered editions, live releases, greatest hits releases and more from the Led Zeppelin body of work.

While Jimmy Page is entitled to do what he does, Copyright’s intention was to give the artist incentive to create more works, not an incentive to rely on past works.

So while Jimmy Page is doing his thing on one side of the Copyright fence, on the other side there is the shameless releasing of songs by the big labels, purely to extend the copyright term of them.

In January, 2013, Sony released the “Bob Dylan Copyright Collection Volume” so that it could take advantage of an EU law to extend the copyright term on these recordings from 50 to 70 years. So instead of these works expiring in 2013 and entering the Public Domain, they got locked up for another 20 years. Nice one.

When Bob Dylan created these songs, Copyright was in place to offer him an incentive to create new works which he did. However, he also sold or licensed his copyrights to Sony and that is where the abuse kicks in.

Just recently (like December 2013 recent) Apple Records released 59 tracks from The Beatles for downloading on iTunes. These songs include outtakes, demos and live BBC radio performances. A Beatles fan and Blogger by the name of Roger Stormo said the following;

“The only reason why they are doing this is to retain the copyright of this material.”

You see, when “The Beatles” recorded the tracks back in 1963, they made a deal with the public. In return for a government-backed monopoly lasting 50 years, they would allow their music to enter the public domain at the end of that time. Like Bob Dylan, Copyrights got sold or licensed to the record labels. The recording industry then employed politicians as lobbyists and now European fans of “The Beatles” must wait another 20 years before they are able to enjoy and use the tracks as part of the public domain.

The biggest abuse here is that the tracks weren’t even available beforehand (in a legal way). They were safely locked away. Therefore it is safe to assume that the tracks weren’t earning any money for Apple Records. So releasing the tracks into the public domain would have resulted in no loss of revenue whatsoever to the label. However, for reasons only known to the label, they had an opportunity to extend the copyright of the songs for another 20 years and they did.

What about Saul Zaentz, the Fantasy Records label owner who passed away recently. For those that don’t know, he is famous for suing Creedence Clearwater Revival front man John Fogerty for plagiarising John Fogerty.

Yep, Zaentz was that upset that Fogerty struggled for years to free himself from the one sided contract he signed with Fantasy, following the breakup of CCR, that when it finally happened, Zaentz called his lawyers to arms.

Zaentz and Fantasy alleged that Fogerty’s 1985 hit “The Old Man Down the Road” was essentially the same as “Run Through The Jungle” from CCR’s “Cosmos Factory” album released in 1970. Since Fogerty had traded his rights to CCR’s songs in 1980 to cancel his remaining contractual obligations, Fantasy and Zaentz now owned the rights to “Run Through the Jungle”. Under Fogerty’s old CCR contract, Fogerty owed Fantasy eight more records. In the end, he refused to work for the label. The impasse was resolved only when Asylum Records’ David Geffen bought Fogerty’s contract for $1,000,000 on top of the rights that Fogerty sold away.

So when the “Centerfield” album topped the charts in 1985, Zaentz sued. How is that for Copyright abuse?

During the tour, the fans complained that he didn’t play any CCR songs, however Fogerty said that playing the CCR songs meant that he would have to pay performance royalties to copyright holder Saul Zaentz, and he didn’t want to do that. Copyright is used as an incentive to not play songs.

During the tour, Fogerty also spent time in court and in the end Fogerty played the two songs on guitar right on the witness stand and won the case.

On the theme of suing, Evanescence singer Amy Lee is also suing her ex-label Wind Up Records for more than $1 million over unpaid royalties. Of course there is more to the suit than just the unpaid royalties, however one the theme is the same. The abuse of copyright by large organisations.

So next time you read about the need for stronger copyright protection, ask yourself the question; For whom is that stronger copyright protection needed for. Remember that if I write a song today, it is copyrighted for the rest of my life plus 70 years. If I sell the copyright to an organisation for a fee, then they own this copyright until then.

I will leave you with the parting words of James Hetfield as he spits them out in Damage Inc..

Living on your knees, conformity
or dying on your feet for honesty

Which side are you on?

Techdirt – Public Domain – http://www.techdirt.com/articles/20131231/23434825735/grinch-who-stole-public-domain.shtml#comments

Led Zeppelin Reissues Will Continue in 2015 – http://ultimateclassicrock.com/led-zeppelin-reissues-2/

Techdirt – Beatles – http://www.techdirt.com/articles/20131216/09582225579/57-beatles-bootleg-tracked-released-officially-all-wrong-reasons.shtml?pid=110#c110

John Fogerty Responds to Death of Creedence Label Owner Saul Zaentz With Stinging Video – http://ultimateclassicrock.com/saul-zaentz-dead-john-fogerty-reaction/

Evanescence Singer Amy Lee Reportedly Suing Record Label – http://loudwire.com/evanescence-amy-lee-reportedly-suing-record-label/

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

What does Vito Bratta, Chris DeGarmo, Richie Sambora, Iron Maiden and Dream Theater have in common?

The top four searched items that bring people to the Destroyer Of Harmony site are as follows;
1. Vito Bratta or Vito Bratta 2013
2. Chris DeGarmo or Chris DeGarmo 2013
3. Live At Luna Park DVD (during the period of no information on the status of the release)
4. Richie Sambora

When someone types in Vito Bratta or Vito Bratta 2013 in Google, there is a very good chance they will end up at Destroyer of Harmony.

The posts on Vito Bratta are like are like a slow hit burner for the site. People are really interested to find out what he is doing. Since he doesn’t have a social media presence himself, it’s up to hard-core fans to keep his talent going. All I am doing is trying to connect the past with the present for Vito.

Isn’t it a coincidence that all the searched topics have a lot of question marks?

The Jon Bon Jovi and Richie Sambora split was very vague and even though Richie Sambora said recently he just wanted to spend time with his daughter, Jon Bon Jovi still wants an explanation as stated in a recent interview he did with the Herald Sun.

“… he was never fired, we certainly have no animosity and when the tour is over he can come and see me and Tico and Dave and explain what happened.”

Fans want to know what the hell is going on. They want to know what their heroes are doing. We live in an information society, now more so than ever.

Vito Bratta is leaving money on the table here. The glory days of 1988 are long gone. The glory days of someone putting a sizeable offer on the table are also long gone. The “guarantee concept” is fading. Promoters are waking up. They are starting to look at different models.

There is no point in giving an artist $200,000 a show based on what they did twenty years ago. What are they worth today?

Vito Bratta touched on this “up front guarantee” when he did the Eddie Truck interview back in 2007. He was open to the idea of White Lion reforming; however he needed to know that if he left his house, there would be something there to keep the lights running and the bills paid. In other words he was looking for a guarantee and that was something a lot of the promoters did not want to do.

Mike Tramp does his normal thing, playing small venues and clubs, sharing in the takings with the owners. There is no guarantee in what he does however it is a source of income and it gets him out there, connecting with people.

No one is guaranteed of making it in the music business. That is the nature of art. It is subjective. People will either connect on a large-scale or a small-scale.

The bottom line is this; Vito Bratta has a hard-core fan base. It is a niche audience that is made up of Eighties Hard Rock fans and Guitar Enthusiasts. It is a market that has been waiting for a long time for something new and that is why his name is searched out every day.

Chris De Garmo is missed. There is no guarantee that if he remained in Queensryche everything would be rosy and of high quality. However with the current debacle with the two Queensryche bands and a looming court case over the name, the Queensryche fans are looking for a shining light in all of this. And that light is Chris DeGarmo. He got out before it all went south.

People want to know what his thoughts are on the two Queensryche bands that are doing the rounds. They want him to create new music. They want him to step back in and save the band name.

As with everything there is no guarantee that if he does step back in, it will all work. And that is the issue. Is Chris DeGarmo prepared to leave his family for something that is not guaranteed. If he had some data that could advise him, then maybe he could commit.

In my opinion, data is actually the biggest currency in the music business however it still remains relatively untapped.

Has anyone seen the data that Musicmetric puts out?

Iron Maiden is the most heavily BitTorrent’ed band in Brazil. Brazil is also one of the biggest file sharing countries. What does this data tell Iron Maiden? It tells them that they have fans in Brazil that love music. It tells Iron Maiden that they need to get Flight 666 to South America and turn these free file sharing fans into concert ticket paying fans.

Having the data available to track where a bands fan base is more vital and more important than how many units an artist sold from a recorded product.

Iron Maiden has not sold great numbers in South and Central America since Peer to Peer Sharing started. However, they have toured the continent on a yearly basis, selling out large stadiums in the process and heaps of merchandise as well.

In relation to Dream Theater, the whole Live at Luna Park DVD/CD/Blu-ray release was a debacle. The fans wanted answers. Their Facebook page had thousands of comments from fans, all asking what is happening with the DVD release. The responses went unanswered for about eight weeks before Dream Theater made any comment on the delays.

Up until 2005, Dream Theater more or less avoided South America due to the “what they wanted to be paid so that they can bring the full show vs. what the promoters wanted to pay”.

This is what Mike Portnoy had to say on South America, on the Ytse Jam Bootleg DVD live release of their Santiago, Chile performance that took place on June 12, 2005.

“..the promoters in South America were apprehensive to give us what we would normally get to put on a show not knowing what the turnouts would be like. So in order to finally do a proper tour of South America, we agreed to bite the bullet and strip down; do the tour completely barebones so the promoters could feel out what to expect on future tours.

Well, surely they must have been shocked (as were we) when 20,000 people showed up for our very first show in Santiago, Chile.”

There you go; both the promoters and the band had no idea about the size of the fan base. Dream Theater avoided South America due to a hunch. That hunch is “hey the guys are not moving a lot of sales in Brazil so that must mean that they have no fan base.” Even for 2005, this line of thinking was outdated.

There is change coming to the live business. It’s slow but it is happening. What is a ticket worth these days for a concert? Normally, a number is pulled from somewhere and the promoters go to market to see if the fans are willing to pay for it. If the tickets don’t sell, then discounting begins and that more or less alienates the true hard-core that paid top dollar up front.

This even happened to Dream Theater when they played Sydney on the Black Clouds tour. A fortnight before the show, the tickets went to half price, just so they could fill the venue (that more or less sold out two years prior).

In the end the fans are an artists best asset. Treat them with the respect they deserve and not like the rock star that is portrayed in the Protest The Hero song, Underbite.

Iron Maiden article http://www.theguardian.com/music/2013/nov/29/iron-maiden-llp-stock-exchange

Jon Bon Jovi Herald Sun article http://m.heraldsun.com.au/entertainment/music/jon-bon-jovi-reflects-on-his-latest-and-most-challenging-world-tour/story-fni0bvjn-1226771962259

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

The Lies Of The Beautiful Record Labels And The RIAA

During the recorded music industries heyday, there was this widespread idea, sort of like an unwritten law, that we (the fans of music) could purchase music and own it, the same way we purchased and owned the toaster and any other commodity.

Of course when it comes to music, that was never the case. What the music fans actually purchased was a non-transferable license to listen to the music under very specific and strict conditions. Nothing else was transferred to us with our expensive $30 purchase of a CD, other than the right to enjoy the music in private, over and over again.

So what do we have now. We have sales of music falling. Actually they have been falling for some time. The RIAA and the record labels are attributing this to piracy alone, linking the decline of sales with the increase of P2P file sharing usage.

So for the RIAA and the Record Labels, plus some misguided artists, it is simple, these two events correlate, so it implies that one is causing the other to move.

The thought that fans of music have changed the way they consume music doesn’t compute for the Majors and their association.

The arrival of iTunes and the chance to cherry pick what we want rather than complete albums is a pretty good indication that revenue streams would reduce. Instead of spending money on an expensive shiny piece of plastic for two songs, we could now just download those two songs.

The arrival of YouTube and streaming services have also put a dent into the traditional sales model. Of course, piracy does play its part, however with the increase in people attending concerts and festivals, one needs to ask the question, did piracy assist in this?

Watch the Iron Maiden doco, Flight 666. Nicko McBrian talks about not selling an album in Costa Rica, however they have sold out the local sports stadium. Twisted Sister haven’t released any new music, however in Europe they have a massive fan base that includes both old and young. Did piracy cause this?

The arrival of many platforms that allow DIY bands to release has caused a flood of new music to enter the music business. Competition is now at an all-time high.

What about the price of music? Normally if demand for a certain product drops, the prices for that product fall as well, to reflect the lower demand. It is simple economics. So what do the record labels do? They maintain the high prices so that they can maximise profits. So the recording industry is holding on to high price points and they blame piracy in the meantime for the decline in sales.

So if people are purchasing less music or illegally downloading content, how is this effecting the income of artists? Do artists still have an incentive to create music.

For starters, the majority of artists do not get into music to be millionaires. They get in to music because it satisfies a basic human need to be creative.

In relation to less incentive, this doesn’t seem to be the case. There is so much music hitting the market that no one has enough time to hear it all. In addition, if the artists is doing the live circuit, incomes in this arena are increasing. Some artists that don’t sell a lot sure get a lot of people into their shows.

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

Living In The Creativity Years – Otherwise You Will Be Here Today and Gone Tomorrow

So it has been almost 20 months since MegaUpload was shutdown. All of its servers and assets were also seized by the US Department of Justice on evidence provided to it by the MPAA.

So what did this shutdown prove? In the immortal words of Dark Helmet, “Absolutely Nothing”.

What the entertainment industries fail to understand is that we live in a global economy. I am not an expert on economics, however in order to compete in this global economy, people need to know how to operate computers and use certain pieces of software. It is expected. Piracy is the leveller between the “advanced” economies and the “developing” economies. Big deal, what does this have to do with music.

Sale of albums in South and Central American countries are normally low for metal bands, however, those bands play to tens of thousands of people when they tour there. How can that be if they have no sales in those areas? I always come back to the Iron Maiden “Flight 666: The Movie” that was filmed during the “Caught Somewhere Back In Time” tour. They played some places on this tour like Costa Rica and India where sales of Iron Maiden recorded music has been low, however they still got tens of thousands of people to attend the shows.

We live in a global pop culture world. This global pop culture spreads via the web.

Artists these days need to forget about the record deals and the hits. We are living in the era that is all about creativity. Artists need to be creating all the time and releasing all the time, otherwise they are here today and gone tomorrow. Metal bands have weathered the storm so far, as fans of these genre’s still tend to purchase albums, however the writing is on the wall. Go on Spotify and you will see the streaming counts of certain songs. Only the great songs get streamed over and over again. The rest, will be forgotten.

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