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

In The Courts Of The Streaming King

Legal streaming music is hurting. 

Streaming companies need to license music from the legacy players for a substantial fee and then pay royalties to these organizations when the songs are listened/viewed. And these organizations keep the bulk of these payments and pay cents to the artists they represent. 

Netflix has no problem growing its subscriber base and making profits, however it has its own content, which earned it over 90 Emmy nominations. And it’s monthly fees are identical to music subscription services, even though it costs a lot more to create a TV show or a movie than a song/album.

I don’t know what Spotify, YouTube and even Apple are waiting for. They need to get into finding their own artists and get them creating some kick ass tunes. While that will take years to come to fruition, investors of these companies want results now. There is no room in the investor mindset about profits 10 years from now. 

Recently Spotify has been hit with two more lawsuits about unpaid royalties. For a company that has licensing agreements in place with the record labels and performance rights organizations, they are still blamed for not doing enough in ensuring they have all the correct details of who wrote what song. The fact that the labels licensed songs to Spotify and didn’t have the song writer details properly recorded is totally okay to the song writer. Because to them, it’s Spotify’s fault. 

Spotify should just remove the music from latest complainers from the service and seek compensation from the label, because in the end, it was the label who took the licensing money and gave Spotify access to the songs in question. 

Or Spotify should seriously consider shutting up shop in the U.S. 

And the labels/publisher’s believe people will just return to purchasing physical music. 

They won’t. 

There was a reason why Napster was popular and close to 20 years later, the mega corporations who get rich off government granted monopolies still haven’t figured it out. 

And speaking of music not on services, here are a few more albums I tried to listen to recently that I couldn’t find on Spotify. Is it Spotify’s fault or the labels fault or the artists fault? 

David Coverdale

His three solo albums “White Snake”, “Northwinds” and “Into The Light” are not on Spotify Australia. 

Beckett

The band that Maiden borrowed from is not on Spotify, albeit two songs on a British prog album collection.

Adrenaline Mob

After listening to their new album, “We The People”, I wanted to listen to the debut album “Omerta” and found it’s not on Spotify Australia. Another great decision by record labels from denying paying customers music.

Kansas

Their albums with Steve Morse on guitar are not on Spotify, Australia. I have “Power” and “In The Spirt Of Things” on LP, however I was at work and I wanted to listen to the albums.

Scorpions

There is a lot of Scorpions music missing from Spotify Australia. “In Trance”, “Take By Force”, “Tokyo Tapes”, “Lovedrive”, “Animal Magnetism”, “Blackout”, “Love At First Sting” and “Savage Amusement” are all missing. Their 90’s output looks a bit hit and miss as well, however I don’t know all of those albums enough to comment if they are all there.

Frankie Miller

His 1982 album “Standing On The Edge” is not on Spotify and it’s one of my favourites. A few songs appeared in Thunder Alley, the movie about a farm boy who wanted to be a rock star but needed to work on the farm. So he goes to watch his ex-bands gig and their guitarist is passed out, so he grabs the guitar and plays.

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Greed Will Kill The Streaming Star

I mentioned in an earlier post how the greed from the major record labels could end up killing streaming services. Since then, Swedish musicians are threatening to sue major labels Universal Music and Warner Music over streaming royalties. This is following a similar pattern from the lawsuits against the labels over iTunes sales and how those sales got paid back to the artists as royalties. Artists like Whitesnake, Def Leppard, Don Henley and Eminem led the way.

Even Billy Bragg stated the same via his Facebook account;
“These artists have identified that the problem lies with the major record labels rather than the streaming service and are taking action to get royalty rates that better reflect the costs involved in digital production and distribution. UK artists would be smart to follow suit.”

The major labels operate with a digital (streaming and mp3 sales) business model that is rooted in the past. The majors still pay a less than 10% royalty rate to artists for digital income. The 10% average rate is based on the age when the record companies produced a physical product like vinyl or CD, stored it in a warehouse and then transported that product to a brick and mortar store. Of course at that time all of these steps in the process where accounted for.

However in the digital age, there is no need to even produce a physical product like vinyl or CD however the labels are still short-changing their artists. If the streaming rates paid to the labels were so bad, trust me, the majors and the RIAA would be the first ones screaming theft. By being silent on the matter means that the majors are making real good money from streaming.

Spotify pays 70% of its revenues to music rights holders. By the end of 2013, they expect that those payments will exceed $500m. How much of that money gets passed on to musicians depends on the terms of their contracts with labels. Maybe the RIAA should be lobbying hard to get a bill passed where streaming is seen as a license and seventy percent goes to the artist. But we will never see that, as the RIAA is there to protect the record labels, not the artists. However they claim in their rhetoric that they are working on behalf of the artist.

From a metal perspective, Century Media Records pulled their music from Spotify in August 2011, citing that physical sales have dropped drastically in all countries where Spotify is active. Then in July 2012, they opted back in. By February 2013, they released a Spotify app. What a turnabout by the label? Metal Blade pulled music of Spotify in September due to no real agreement in place.

If you are on a major label roster you should have followed the Def Leppard route. Due to disagreements they were having on the digital payment terms with their label, they then refused to let their label put their catalogue on digital services.
However, then in order to cash in on the Rock Of Ages movie and the sudden interest in “Pour Some Sugar On Me” and “Rock of Ages”, they released digital “forgeries” of these classics and they released them on their own terms. Do you hear Def Leppard complaining about streaming and iTunes rates for those two songs? This year, they even released their “Hysteria” forgery.

Once upon a time, the artists had the power. Then in the Eighties, the labels stole it back. With the rise in revenue due to the CD, it made the labels mega rich powerhouses. Well it’s time for the artists to take back the power. Basically the labels without any artists are worth nothing. However, a lot of the artists just don’t see the big picture.

Those times of when recording was really profitable are over. Long gone. Recording revenues are shrinking. Streaming is trying to bring back some of it. If more and more people are paying for it the overall pool of money grows. These services need time to grow. However, as I mentioned previously, how much of that money gets passed on to musicians depends on the terms of their contracts with the labels?

Maybe Spotify and Deezer should become a label and start signing artists themselves as it is obvious that the major labels don’t care about their artists.

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