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

Five Finger Death Punch Encompass Their Past and Improve On It

When Zoltan Bathory was putting together a new band in 2004, his vision was to bring metal back to the masses. The first foundation was established with  2007′s ‘The Way of the Fist’. 2009’s War Is The Answer and 2011’s American Capitalist both added to the foundation. The house that Death Punch built is still going full steam ahead with two new albums about to hit the streets in the next seven months.

Chris Kael the bassist of Five Finger Death Punch said the following on the new album in a recent interview;

“It’s basically all the things that Death Punch have learned over the last three albums, we put into this new album, so it’s basically the best of Death Punch all in one brand new release. The melodies are strong, Ivan’s still pissed as hell, the musicianship is at its best and we are really proud of it! “

Ivan Moody the vocalist had the following to say on the new album;

“This is everything Death Punch has ever done and it pushes the bar up. That’s the great part about doing two CDs—we got to experiment this time. We didn’t want to change our style—the machine isn’t broken. So instead, what we did is encompass what we’ve done already and advance on it.”

So what do the above statements say in relation to Five Finger Death Punch. Inspiration doesn’t take place in a vacuum. All day long you are experiencing. All year long you are experiencing. If people think you can write quality songs with no prior experience, they are delusional.  Our whole life is a database of information. Be ready to index it and then reference it. Use it to create something better. Learn from it and create something better.

Five Finger Death Punch are merging all of their experiences and influences into a new double album.  They have their signature voice and they are not changing it for anybody and they are still playing to their fans. In the end it is the fans that matter. They are the ones that give the band the chance to create and release albums. Not the record labels or the money that they throw at the band. The fans are king here and FFDP are playing to their core. As I have said many times before, don’t spread your wings too far. Focus on your core audience as that is your foundation.

Just listen to Lift Me Up. If you are a music fan, you will hear the vocal melody inspiration from the song The Ultimate Sin by Ozzy Osbourne, released in 1986. Ivan Moody experienced that song, he heard it, he allowed it to take him somewhere and he stored it. Fast forward 26 years and Ivan Moody is referencing it, twisting it and making it his own.

Some people will call this plagiarism, I call it being influenced. Allow yourself to be influenced.

I am pretty sure in fifty years’ time some publishing company that will end up owning the Ozzy Osbourne catalogue will end up suing the publishing company that owns the Five Finger Death Punch catalogue for plagiarism, much the same way the Men At Work songwriters were sued for a flute solo that they didn’t even write that referenced a long forgotten children’s classic.

This is real. This is happening in the Entertainment business. People are trolling for lawsuits. Companies have been formed for this purpose. While everyone tries to get legislation passed to protect the entertainment business models from 1980, they should be focusing on these trolling organisations that are stifling innovation and progress with B.S cases.

The point in all of this. Experiences are everything in music. It is the difference between making a connection with a fan or not making a connection. Sometimes that experience can be the influence of another song. It is okay to allow it. That is how music has evolved throughout the ages.

Five Finger Death Punch have paid their dues, they have lived and experienced life, they have been patient, they have mined their lives for content and they didn’t quit.

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A to Z of Making It, Music, My Stories

The old rock star is dead. Its time to create a new rock star that is a product of the times

Influences/Inspiration

Nobody exists in a vacuum. Inspiration comes from what you read, watch and experience.  Inspiration is the merging of these experiences and influences into something new. When Metallica came on the scene they were inspired and influenced by the New Wave of British Heavy Metal. They were influenced by Punk. They were inspired and influenced by Classic Rock. They were excited and this made them nervous. Nerves made them play faster.

When Black Sabbath came on the scene they were originally influenced by the Blues. Just another blues band among the many blues bands doing the rounds at that time. Then they applied their gloomy industrial upbringing and the rest is history.

Experience

Inspiration doesn’t take place in a vacuum. All day long you are experiencing.

Could Nikki Sixx have written Kick Start My Heart if he didn’t experience death and life? Could James Hetfield have written The Unforgiven if he was brought up in a wealthy household that didn’t have Christian Science beliefs? Could Richie Sambora and Jon Bon Jovi have written Wanted Dead Or Alive if they never toured? Could Dee Snider have written We’re Not Gonna Take It, if he was rich?

If you think you can write a hit song with no prior experience, you’re dreaming.  Our whole life is information. Be ready to reference it.  Trust your first initial feeling.

Sign Of The Times

Don’t get caught up in doing things in the old way. Today’s medium is the Internet. No one wants to hear new music from their favourite artist every two years. We surf the net each day, looking for new music and information.  If there is a demand for your music, you should create and distribute constantly.

The days when we used to have very little music are over. The days of saving up to buy an album and the playing the same album over and over again are also gone.  Now, we’ve got the history of recorded music at our fingertips. YouTube has everything that you want, Spotify has almost everything that you could want and if all of that fails cyber lockers and The Pirate Bay fill the void.

Product Of The Times

The old rock star is dead. Its time to create a new rock star that is a product of the times. Keep innovating.  Embrace the new reality that is being born. Stop playing by the rules of the Classic Rock artists.

Look at the band Heartist. When they formed, they decided that they would not play by the old rules of playing as many gigs as possible just to get noticed.  They decided to not play by the old rules of guaranteeing promoters 50 presales for each gig (which more or less meant, the band either had to beg people to come to their show that didn’t want to be there or they basically paid to play).  They decided to write songs.  They decided to keep on writing. They started posting demos on YouTube. They started building a buzz. The songs had quality. People started to spread them, share them, talk about them. They played ONE gig and got signed by Roadrunner and management.

What Does Music and Success Mean These Days?

Music is for the fans. Music is for the people. Music is not for a record executive to make billions so that they can compete with the Forbes 100 Rich List.  If you want to be in the music business, you need to focus on what music means. Be inspired! Create!  You have to practice, be original and wait for your moment, when you have to deliver.

Def Leppard’s Hysteria was out for over a year before it exploded on the back of the Love Bites single. A sleeper hit that no one saw coming. If the song is really damn good it will get people’s attention.

If you want success, you need to get people’s attention. If you want success you need to work hard and don’t plan for it. If you want success, practice and be ready to turn that inspiration into a product.  If you want success, you need to know that you have no control over what spreads and what doesn’t. Don’t judge the success of your project straight away. Success is always ten steps behind. It takes a while for it to happen.  Don’t just the success of your project in dollar terms. Success is about laying a solid foundation and building on it.

Your music has to be accessible. It needs to make an instant impact. Fans do not have the time to spend on letting an album sink into our brain like the old ways. These days there are so many options and people don’t endure that which is not pleasing to them, They move on. Repetition is not an artist’s friend in the current times. The life span of a song is different these days.

Most of the time you get one shot for each new fan. It is that one time when people will hear what you have created. One time where you need to satisfy them, so that they can respond and share.

Today, you need to have that one unbelievable cut, that makes the people need to hear it over and over again. That one cut that makes the people want to go and find out more about you.

Whether it be Twisted Sister’s “We’re Not Gonna Take It”, Dio’s “Holy Diver”, Ozzy Osbourne “Crazy Train”, Kiss “Lick It Up”, Shinedown’s “Second Chance” or Metallica’s’ “One”. It works in every genre of music.

Connections

Artists can go straight to their audience, there are no restrictions. Artists by now should know that their career depends on building a loyal relationship with as many fans as possible. In order to build relationships, you need to get people’s attention. You need to find a way to be heard over all the noise.

Standing Out – Visuals and Music

You want to be remembered. You want to be talked about. How can you achieve that? Society is a visual culture. That is why we watch TV shows, movies, take pictures and film ourselves.

Why do you think, when you see a preview for a new movie coming out, the studio marketeers have music with it? Why do you think TV shows and movies have soundtracks? They are re-enforcing the visuals with music, as people take more notice when that happens. If people notice they will talk about.

Putting your music with visuals is a big step forward to getting people’s attention. How many times have you walked out of a movie, thinking, what a tough score. I just watched World War Z and I loved the track that Muse did for it.  Man Of Steel had an unbelievable score by Hans Zimmer, that captured the emotion in each scene. It was also inspiring and uplifting. I still remember the preview to the Captain America movie, where they had the music (46&2) from Tool playing and that was almost three years ago.

Standing Out – Opinions

No artist can please everyone. So don’t try. All artists stand for something. If you write a song that is anti-(insert topic here), you will alienate some, and connect more with others. When people get fired up (via positive or negative feelings) they pay attention.

Standing Out – Different = Success

If you look at all of your heroes, they are there for a reason. They are different. When they came on the scene, they were different. Twisted Sister was different to all the other bands in the Eighties in how they dressed and looked. Their style was a combination of AC/DC style rock, mixed with Judas Priest metal, with a dose of punk chucked in. Metallica was different to all the metal and rock bands when they came onto the scene. Motley Crue was different to all the new wave music that was popular at the time. Nirvana, Pearl Jam and Soundgarden were all different to the Eighties Glam Rock movement. Black Sabbath was different to all the hippie folk music at the time.

Different also includes doing cover versions of popular songs. Take jazz songs and turn them into rock songs. Take pop songs and make them into rock songs.  The original artist’s fans will be curious to hear these versions.  Led Zeppelin did a lot of covers, Metallica the same. Van Halen had cover songs on their first five albums. Motley Crue did Smokin In The Boys Room and Helter Skelter.

What Does It Mean to be an Artist Today?

You don’t want to be an artist that becomes who others want them to be. You don’t want to be an artist that whores themselves out to make money. You don’t want to be an artist that does what they have to do to keep the status quo.

It’s okay to not be liked by everybody.

Real artists don’t believe in conforming. Real artists stay true to who they are. Real artists play to their fans and allow the fans to talk about them. Do not change for all the new people that could tag along to your success train, that’s death. You need to keep playing to the hard core fan base. A great artist is someone who leads us into the unknown who we can’t help but follow.

Dream Theater is one artist that comes to mind, that did it their way or the hard way. Signed as a progressive band, they released When Dream and Day Unite, which the label ignored and then went on a long search for a vocalist. When Pull Me Under got traction on MTV and Radio, the band was then a commercial prospect for the label. So the label now wants more crossover songs, and this lead to the issues with the label around the Falling Into Infinity project. After that the band stayed true to who they are and they have grown with each album and are more successful now than ever.

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