Copyright, Music, Stupidity

The Labels Want Songwriters’ Rights, Just Not Songwriters Themselves

The article.

Chaos for Who?

The music industry loves to talk about artists.

It loves to celebrate artists.

It loves to hand out awards, sponsor songwriter camps, run social media campaigns about creativity, and tell the world that music starts with the creator.

Until the creator asks for something back. Then suddenly the language changes.

Now it’s not about art. It’s not about fairness. It’s not about creators. It’s about “chaos.”

The major labels and BMG have petitioned the United States Supreme Court to overturn a ruling that would allow songwriter Cyril Vetter to reclaim worldwide rights to a song he wrote more than sixty years ago.

And their argument is fascinating. Not because it’s convincing. Because it exposes exactly how the industry thinks.

The labels claim that if songwriters can reclaim worldwide copyrights under U.S. termination law, it will create uncertainty, confusion and disruption throughout the music business.

Chaos.

That’s the word.

Chaos.

Funny how the same industry that spent decades telling creators to sign away global rights in perpetuity is suddenly worried about fairness and stability.

The same companies that built billion-dollar catalog empires from contracts signed generations ago now want us to believe they are protecting the music ecosystem.

Protecting whom?

Certainly not the songwriter. The songwriter is the one who created the asset. The songwriter is the one who took the risk. The songwriter is the one whose work still generates value decades later.

Yet when a court finally interprets the law in a way that potentially benefits creators, the industry’s first instinct isn’t celebration.

It’s litigation.

The hypocrisy becomes even more obvious when you look at history.

Labels routinely tell artists that contracts are sacred. Deals are deals. You signed it. Live with it.

Except when the labels don’t like the outcome.

Then contracts, precedents and long-standing interpretations suddenly become flexible.

Then the legal teams arrive. Then the lobbying starts. Then the scare campaign begins.

We’re told the sky will fall. We’re told investment will disappear. We’re told the business will collapse.

We’ve seen this movie before.

Every technological shift was supposedly going to destroy music.

Home taping. CD burning. MP3s. Streaming. TikTok. Now songwriter rights.

The industry’s prediction record on catastrophe is so bad that “chaos” should probably be treated as a marketing term rather than a legal argument.

Because let’s be honest.

If a songwriter reclaiming rights after half a century creates disruption, maybe the disruption isn’t the problem.

Maybe the underlying business model is.

The labels argue that billions of dollars and countless agreements were built around the assumption that foreign rights remain permanently with publishers.

That may be true.

But an industry building its future around assumptions doesn’t magically transform those assumptions into justice.

There was a time when artists couldn’t own masters.

There was a time when musicians signed contracts they barely understood.

There was a time when labels controlled manufacturing, distribution, promotion and access to audiences.

That world is disappearing.

And perhaps what we’re seeing in Vetter v. Resnik isn’t chaos. Perhaps we’re seeing correction.

The most revealing part of this case isn’t the legal argument. It’s the language.

The labels describe the songwriter’s position as a fringe theory. Yet a federal appeals court agreed with it.

Creator groups support it. And the logic is straightforward.

If termination rights exist to give creators a second chance at ownership, why should that second chance stop at a national border?

Why should a songwriter get half the apple?

The answer seems obvious.

Because half the apple is still enough for the labels to keep the other half.

That’s what this fight is really about.

Control.

Not creativity. Not fairness. Not artists.

Control.

The irony is that the music business constantly tells young creators that ownership matters.

Keep your rights. Build your catalog. Think long term. Become an entrepreneur.

Until those same principles start applying to creators whose songs were written decades ago.

Then ownership suddenly becomes dangerous. Then ownership becomes disruptive. Then ownership becomes chaos.

The labels want everyone to believe they’re defending stability.

What they’re actually defending is a system that has benefited them enormously for generations.

A system where rights flow one way. A system where creators are encouraged to surrender ownership but discouraged from reclaiming it. A system where fairness is celebrated in speeches but challenged in court.

If the Supreme Court ultimately hears the case, the decision will affect far more than one song.

It will answer a much bigger question. Who does copyright actually exist to serve?

The corporations that acquired it.

Or the people who created it.

Because if reclaiming your own work after sixty years is considered chaos, perhaps the real chaos was the arrangement that existed before.

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A to Z of Making It, Music, My Stories, Unsung Heroes

Australian Music Scene – The Rise Of The Indies

Australian Music is ALWAYS a rich vibrant scene. And it is a scene that is underpinned by Independent artists. These independent artists are the real battlers, the one’s that carry the load of the vibrant music scene. Financially it is a miserable livelihood however the emotional experience is rewarding. And there is no escaping that Australian Independent artists are some of the hardest working artists and also the lowest paid members of the Australian workforce. The sad thing is that the elite levels of Government have no idea about the Independent artists. Any Government funding goes to the large Industry bodies who don’t really disperse the monies to the artists doing the rounds on the streets.

In music we have APRA/AMCOS, ARIA, AMIN, AIR, AMA and so many other local and state bodies. So all of these industry groups and associations are part of the music industry. Their main source of income is derived from Independent artists and Government Grants. The same independent artists that are living on or below the poverty line. For these artists, the larger music industry bodies are faceless monoliths that put profit first. While they may serve the major players in the Australian music industry, they do nothing for the rest. It is another example of taking care of the one percenters and forgetting about the rest.

The solution is for the mainstream to support and nurture independent artists. These music industry bodies need to ensure that all of the diversity and innovation created by the independent sector is supported and nurtured. Because the independent sector is the oxygen of the mainstream industry bodies. Once you cut them off and the major bodies will suffocate.

That is why it is great to see that 80% of the nominations for the latest ARIA Hard Rock/Heavy Metal Album Of The Year category were released “independently”. For the uninformed independent or “indie” is basically an artist or a record label that has no connection to a major label or interference from a major label. In most cases it is the DIY style of artist. However with everything that deals with the music business, the definition is more complex than it should be. Most indie labels operate without major labels interference, however they all still use the distribution and promotion arms of the major labels.

For example, Sumerian Records is an independent label in the US. They have distribution deals with the Alternative Distribution Alliance (ADA), who is the independent music and film distribution arm of Warner Music Group who is a major label.

Going back to the bands nominated for the Hard Rock/Heavy Metal ARIA, A DZ Deathrays “Black Rat” album was released on the independent label “I OH YOU” who has an affiliation with Mushroom Records who is owned by Warner Music Group. The Amity Affliction’s “Let The Ocean Take Me” and Shihad’s “FVEY” where released on Roadrunner Records who is a subsidiary of Warner Music Group. Sleepmakeswaves “Love Of Cartography” album was released through Australian independent record label Bird’s Robe Records, which is distributed through MGM Distribution in Australia. In 2013, UK label Monotreme Records licensed their album for an international release across the UK, Europe and North America. This is a true independent band and label in my eyes. High Tension’s “Death Beat” is under license to independent label Cooking Vinyl Records, who uses RED Distribution for U.S distribution and it is also owned by Sony.

Look at some of the successful crowd funding campaigns independent artists have taken.

In Australia, heavy rock band, “I Am Voyager” went to their fans with a goal of about $10,000 and ended up getting $18,000 plus. In the U.S, Protest The Hero went to market with a goal of about $115,000 and ended up getting $300,000 plus. Haste The Day went to market with a goal of $65,000 and ended up getting $139,276. Emery went to market with a goal of $50,000 and ended up raising $110,815. Spocks Beard went to their fans for their 11th album with a goal to raise $25,000 and ended up raising $69,119. Trapt had a goal to raise $50,000 and ended up raising $56,634. Chimaira went the crowd funding route for a fan edition CD-DVD of their CROWN OF PHANTOMS album with a goal of $30,000 and they ended up raising $60,758.

Independently minded musicians and label owners are the ones that are pushing boundaries in music because they want control over what’s being released, when it’s released, and how it’s released. And they are not afraid to use the major labels when it suits them, but ultimately they’re calling the shots.

So I am sick and tired of hearing the RIAA and major label rhetoric about how artists put in their blood, sweat and tears into their music and because of piracy they don’t have a say about how it is released. The “Indies” are finding new and creative ways all the time. For a musician it is an exciting time to be a part of the music scene. Especially if you are an indie.

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A to Z of Making It, Music, My Stories

What Happened to The Guitar Riff?

The mighty Guitar is still in the forefront of all the main hard rock and metal music. Regardless of what music style came and regardless what technological new medium came to kill it off, (like the Eighties midi craze), the mighty guitar has fought its way back time and time again.

Like a true champion it rises up from the canvas. That sound through glass tubes and cones made from paper. What can beat it?

To quote Dark Helmet, “Absolutely Nothing”.

Try as the trend setters might to eliminate distortion, the power chord and it’s many different versions remain unique. The human feel of a guitar is the essential element that makes a song unique and intimate enough to form a connection with a listener. You don’t see people growing up wanting to be clarinet and flute players.

It is an integral part of culture, both past and present. Think of Jimi Hendrix burning one or Pete Townsend smashing one or Randy Rhoads playing that immortal polka dot guitar or Eddie Van Halen’s Frankenstein guitar.

Think of all of the album covers that featured a guitar;

Dire Straits – “Brothers In Arms”
Stryper – “To Hell With The Devil”
Def Leppard – “On Through The Night”
AC/DC – Take your pick of the many classic album covers that involve Angus and his trusty Gibson SG.
The Cult – “Sonic Temple”
Van Halen – “Women And Children First”
Bruce Springsteen – “Born To Run”
Jeff Beck – “Guitar Shop”
MSG – “Built To Destroy”
Boston – The self titled debut and “Dont Look Back” covers are iconic.

At the moment, the number 1 hits around the world are “The Monster” by Eminem/Rihanna, “Timber” by Pitbull/Keisha and Happy by Pharrell Williams. Not a lot of guitar in those songs and if there is guitar, it is in the background, relegated to a support act.

It is not the main instrument in popular culture anymore.

The guitar is disappearing from popular culture.

So what happened.

So what happened to that riff that connects. The one that we can play air guitar to.

Commercial sensibilities are trumping artistic sensibilities.

Rock and Metal bands are churning out songs. Good songs. Great choruses. But no definitive riff. We hum the melodies, we tap the groove, but we don’t do the der, der, derr on the riff. For those who don’t know what the “der, der der” is, it is “Smoke On The Water” from Deep Purple.

Avenged Sevenfold came close with the “Hail To The King” album. Pissed off a lot of people in the process. They called them copycats. But they had the balls to create a classic rock album. And Classic Rock albums are created from influences.

Machine Head nailed it with “Be Still and Know” and “Unto The Locust”. But because of their niche, popular culture would never even know about it. Too ignorant to care.

Maybe it is the downtuning. Maybe it is the speed. Maybe it is the focus on the melody to be catchy.

One thing is certain, there are no riff driven songs, with a great hook doing 100,000,000 streams on Spotify. All of those numbers belong to Imagine Dragons, Avici, Daft Punk and a whole host of EDM artist and pop artists that have songs written by Max Martin.

And one last thing, for all the doubters that Spotify is hurting artists.

Check out this story.

Yep an independent artist that uses Tunecore as its digital distributor has earned from September 2010 to November 2013, $334,636 for over 57 million plays. It’s easy money earned by people listening to his music on a consistent basis. It’s that simple. It’s that pure. We create music so people can listen to it. First and foremost. And Spotify along with YouTube are here, telling the creators which songs are being listened too.

Isn’t that a great thing.

But hey, Spotify doesn’t pay artists said the old guard. Bullshit I say.

Spotify pays. It pays well. It is the record labels that don’t filter it down to the artists. It is the same old argument like before of Record labels not paying artists.

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