Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity

What If Led Zeppelin Decided To Start Taking Bands To Court for Copying Them?

The “Stairway To Heaven” case is the tip of the iceberg for cases like this.

Mark my words, Metallica (or the corporations who will own the Metallica copyrights in the years ahead) will be sued for plagiarism by the corporations and heirs of artists from the NWOBHM movement that Metallica used on their first three albums, and the California skate-punk band they ripped off for “Enter Sandman”.

Remember Copyright was designed to encourage creativity, but in the hands of corporations and heirs of the actual creators (who never should have held the Copyright of a deceased artist), copyright is now building up to have the opposite effect, “discouraging, rather than stimulating, music creativity.

As the Conversation article states;

I don’t think that it is appropriate to consider the act of devising a tune that simply has the same “feel” and “groove” as another as copyright infringement. This is how music creativity often works. Musicians frequently build upon earlier arrangements and styles, and so the increasing occurrence of cases such as these should give us pause.”

“Borrowing from earlier pieces is a structural element of music creation in many genres (a tune cannot always be created from scratch by just improvising). Classical music composers such as Handel, Beethoven, Shubert, Mozart, Bach and Puccini all significantly borrowed from earlier colleagues. The same holds true for jazz (which has built upon popular music and opera), rockabilly (influenced by country), rhythm and blues (which derives from boogie-woogie and gospel) and the Jamaican music scene (where traditionally covering and arranging each other’s tunes was widespread and largely accepted).”

Now, the term “original” means “not the same as anything or anyone else and therefore special and interesting”. It would be difficult to find a musician who has never listened to music written by someone else.

And yes, there are artists that did do something that “sounded not like anything else”, however if you take away the sonics, the root notes of every song are tied back to a composition that came before it and so forth. Even the evil sounding tri-tone made famous in the song “Black Sabbath” has its roots to classical music. The whole British Rock invasion of the Sixties was tied to the American blues of the Thirties.

It’s pretty safe to say that the majority of music out there is unoriginal.

Just think of how many metal and hard rocks songs have a riff over an A pedal point or an E pedal point that sounds similar in feel and groove?

But for some reason, our litigious society wants music to follow the same citing mechanisms as a University essay, with citations, footnotes and a discography of music used as an influence for the song.

At the root of it all is the descending bass line, played in the same key and an attorney called Francis Malofiy, who is well-known at bringing copyright infringement suits against any song that sounds similar to another because the acts/estates he represents are so original and their music could not have been influenced by other .

It’s easy to sue Led Zeppelin, because others have done it and its well-known that Jimmy Page likes to build on past works. But man, Led Zeppelin, actually Page and Plant in particular can sue a whole generation of artists for copying their feel and groove.

Let’s start with the most obvious (of the top of my head);

  • Robert Plant to sue David Coverdale from Whitesnake for copying Plant’s vocal feel in every Whitesnake song between 1978 and 1982.
  • Robert Pant to sue Lenny Wolf from Kingdom Come for copying Plant’s vocal feel and phrasing in every Kingdom Song between 1988 and 2016.
  • Jimmy Page to sue Lenny Wolf from Kingdom Come for copying “Kashmir” and calling the song “Get It On”.
  • Robert Plant to sue Randy Jackson from Zebra for copying Plant’s vocal feel
  • Jimmy Page and the Bonham estate to sue Coheed and Cambria for the song “Welcome Home” because it sounds a lot like “Kashmir” and for the drums having the same feel and groove as “Kashmir”.
  • Jimmy Page suing Tool because songs on “Aenima” sound a lot like “No Quarter”.
  • Jimmy Page and Robert Plant suing Billy Squier for the verse in “You Should Be High Lover” because it sounds a lot like “Black Dog”.
  • Jimmy Page and Robert Plant suing Wolfmother for the song “Woman”.
  • Jimmy Page suing Jet, for the song “Cold Hard Bitch” and how it sounds a lot like “Communication Breakdown”.
  • Jimmy Page suing Soundgarden for “Pretty Noose” because it sounds like the love child of “Kashmir” and “Whole Lotta Love”.
  • Jimmy Page suing Steve Vai for a three note sequence in his song “The Attitude Song” that is derived from “The Ocean”.

See the absurdity of it all.

I am sure there are a million bands out there that have ripped off Led Zeppelin and there are a million acts that Led Zeppelin has ripped off. But Led Zeppelin made what came before, BETTER and made a lot of MONEY from it.

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

The Modern Day Led Zeppelin

“I never understood bands who were only influenced by a narrow era of, say, five years of music. I think younger bands like us listen to more diverse music than previously because it’s so easily accessible.”
Matt Bellamy

Led Zeppelin is a band that is known for its unique style that drew from folk music, blues, funk, flamenco, classical, rock, reggae, middle-eastern melodies and r&b. Underpinning it all was a heavy, guitar-driven sound. Muse is a band that is known to mix styles from electronic music, rock (pop, progressive, hard, heavy, art), classical music, funk, dubstep, flamenco/latin, middle-eastern melodies and opera. Underpinning it all is a heavy guitar driven sound.

“There wasn’t much of an original music scene in Devon and when we started we realised why – because nobody wanted to watch original music. We played gigs to nobody.”
Bass-player Chris Wolstenholme

Before Muse started their quest to conquer the world, their only aim was to be better and bigger than a local funk covers band from Teignmouth called “Doctor Frank”. Matthew Bellamy taught himself slide guitar and piano while listening to Robert Johnson. Like Led Zeppelin, their music has roots to the great blues masters.

They played gigs for five years before releasing their debut album, “Showbiz”. The release of the debut album was made possible after they signed with Australian company “Mushroom Records” for a UK release and Madonna’s “Maverick” for a US release. Then they went on the road for six months. It’s very different to today’s artist, who can release straight away to a global audience. Led Zeppelin financed the recording of their debut album. Like Muse, label after label rejected them.

Looking at YouTube, the song “Unintended” has 14,006,510 views and on the channel “marninahmad” it has 6,846,728 views for a total count over 21.5 million views. “Sunburn” has 7,964,211 views on YouTube while my favourite, “Showbiz” has a combined view count of about 2,500,000 over three different YouTube channels.

By 2001, Muse released “Origin Of Symmetry” and fans of Radiohead gravitated to it, the same way fans of Led Zeppelin gravitated to Whitesnake in the Eighties.

“Plug In Baby” has 11,548,097 views. The Live From Wembley Stadium video of the same song has 7,356,704 views.

My favourite cut on the album is “Citizen Erased”. Diffuser described Bellamy’s vocals as Jeff Buckley fronting a metal band. It’s not as popular on YouTube compared to the more easily digested cross over singles. I love the movement from a heavy rock vibe to a mellow Beatles’esque vibe towards the end. On the YouTube channel of “MrMuseLyrics” the song has 121,446 views. A Glastonbury 2004 live version of the song is on the “SpencerC” channel and it has 153,239 views. A live version at the Big Day Out in Sydney in 2004 on the channel “xfadetoblack” has 273,879 views.

 

Other songs from the album that have high counts are;

  • “New Born” has 14,937,412 views
  • “Bliss” has 16,908,982 views
  • “Feeling Good” has 28,681,960 views on YouTube.

Then in 2003, “Absolution” came out.

The album cover alone, done by the great Storm Thorgerson (RIP) and taken by photographer Robert Truman was enough to generate interest. You know the cover I am talking about. The floating shadows of souls who are either ascending to Heaven during the Rapture, or descending to Earth, rejected by Heaven.

The album is loaded with masterpieces.

If you are into the conspiracy side of things, then the video for ‘Time Is Running Out’, is all about the Trilateral Commission, an organization of bankers, academics, politicians, union leaders and media and energy CEOs set up in 1973, and whom Matt believed were really controlling the world. On the official YouTube channels, “Time Is Running Out (Official Music Video)” has 12,042,199 views, the “Live From Wembley Stadium” video has 11,692,168 views and the lyric video has 9,617,047 views. In addition, the song has 6,705,367 views on the channel of “Translegomaker”. In total, the song has been viewed 40,056,781 times.

But the piece d’resistance on the album and the reason why I have a lot of time for this band, is because of “Stockholm Syndrome”.

That riff.

It’s on par with those music store riffs, like “Stairway To Heaven”, “Smoke On the Water” and “Enter Sandman”. It has been copied and used by a ton of metal and rock bands afterwards.

The lyrical basis of ‘Stockholm Syndrome’ is from a bank robbery in Stockholm in 1973. Some of the hostages were held for six days and they fell in love with their captors and later defended them at the trial. If you play the song’s chorus backwards, there are internet pages devoted to it that reckon the listener would be able to hear;

“You can’t see me, we sneak off. I lost to love. Please, save the night wind and high above, I lost to love. Sing, save”?

Brilliant, remember when U.S prosecutors alleged that “Suicide Solution” said “Shoot, Shoot, Shoot” when played backwards.

This in turn leads me to the track “Hysteria” which is about obsessive behaviour and it’s got an absolute killer bass line that makes you obsessive. In the process it has accumulated over 27 million views on YouTube.

“The Small Print” is where Bellamy sold his soul in return for supernatural musical prowess, ala Robert Johnson.

Take, take all you need
And I’ll compensate your greed
With broken hearts
Sell, I’ll sell your memories
For 15 pounds per year
But just the good days

And be my slave to the grave
I’m a priest God never paid

Guess, you need to read the small print on every contract, even the ones that the record labels put in front of you.

So how do you follow-up three successful albums where each album outdid the one that came before it?

“Absolution” outdid “Origin of Symmetry” and “Origin of Symmetry” outdid “Showbiz”.

Muse did just that with “Black Holes and Revelations” in 2006. And although it looks like the album made an impact on the sales charts with all of its certifications, that really wasn’t the case. That breakthrough happened with 2009’s “Resistance” which in turn made people go deep into Muse’s catalogue, especially in the U.S market.

To prove my point, the single “Starlight” which has over 44 million views on YouTube was certified Gold in the U.S on OCTOBER 05, 2009, 3 years after it was released. Then in FEBRUARY 27, 2015, the song was certified Platinum in the U.S, 9 years after it was released.

The songs “Knights Of Cydonia” and “Supermassive Black Hole” where also certified Platinum on FEBRUARY 27, 2015. The “Knights Of Cydonia” video has 17,884,385 views while the “Live At Wembley Stadium 2007” video has 16,256,664 views. The video clip on another channel has 15,812,406 views. In total that is 49,953,455 views. “Supermassive Black Hole” has it’s glam rock influences and on YouTube, the “Supermassive Black Hole [Alternate Live Version] has 40,046,796 views on YouTube while the Lyrics video has 13,589,642 views and the live from Wembley video has 8,975,955 views. All up, that is over 62 million views.

In relation to the previous efforts, “Black Holes and Revelations” was their U.S breakthrough album and they did it by condemning the architects of the Iraq war. In relation to sales, the album was certified Gold in the U.S, the same certification that “Absolution” holds. In Australian, the UK and Europe, the album was certified Platinum. Other favourites of mine are “Map Of The Problematique”, “Assassin” and “Exo Politics”.

So in 2009, we got the “Resistance” album, the one that focused on Orwell’s “1984” and written at a time when climate change, politician corruption and the GEC were all dominating the public conversation.

“Uprising” mixes TV soundtracks, with Glam Rock. The “Uprising” video has 83,740,536 views on YouTube. This is the single that crossed over and made Muse’s back catalogue sell.

The “Resistance” video has 46,877,501 views on YouTube. The song was also certified Platinum in the U.S on JUNE 22, 2010.

One of my favourites on the album is “MK Ultra” (a song named after a CIA mind control program from the 60’s). It was used by “MTV Exit” to promote their campaign against human trafficking. That video has had 988,423 views. A lyric video by user “Simona Balan” has 469,517 views. Another lyric video by “MrMuseLyrics” has 390,669 views. An audio version of the song by “21thCenturyRockMusic” has 389,305 views. There are various other YouTube channels that have the song. All up, the song has over 2.2 million views. Tiny compared to the big crossover singles.

“Undisclosed Desires” has 43,370,219 views on YouTube. Meanwhile the same song on the channel “Nitrotigerz” has 8,981,863 views.

The tours started to become massive. By know, Muse had graduated to stadiums. In the past, a band wouldn’t play stadiums if they didn’t a blockbuster album that sold over 10 million in the dominant U.S market.

In 2010 the song “Neutron Star Collision (Love Is Forever)” was attached to one of the “Twilight” films. The video of the song has had 32,928,186 views but what came after is what it’s all about.

“Survival” was used for the 2012 London Olympics, but an Olympic song it is not. It was already written before the organisers approached the band and the attention it brought the band along with the “Twilight” cross over, plus the momentum that “Uprising” generated would send the lead-off single “Madness” from the “The 2nd Law” album through the stratosphere.

In the space of three years, “Madness” has had 72,731,133 views while the “Madness (Lyric Video)” has 14,513,664 views. All up that is over 87 million views. In MARCH 04, 2015, 3 years after its release it was certified 2x MULTI PLATINUM in the U.S

“The 2nd Law”, as an album takes into account the GEC (Global Economic Crisis), Peak Oil Theory, food security, evolution, the taxation proposals of 19th-century economist Henry George and the concept of the “stress nexus”. Matt Bellamy described it as talking about the second law of thermodynamics and how, as a limited ecosystem, we are on the verge of needing an energy revolution in order to sustain the way that we’re living.

“Supremacy (Official Video)” has 15,436,255 views. How can you not get hooked by its marching Kashmir groove in the intro?

“Panic Station (Official Video)” has 8,799,941 views is one of my favourites as it merges the rock/funk grooves in the tradition of “Superstition” by Stevie Wonder and “Play That Funky Music White Boy” by Wild Cherry.

My favourite is the two-part title track ““The 2nd Law: Unsustainable” which has 6,125,511 views and “The 2nd Law: Isolated System”. It’s soundtrack music, up there with the best. The synths, the choir voices, the reporter talking, the orchestral hits, etc… It all combines brilliantly.

In 2015, in came the “Drones”.

“Drones” is Muse, stripping it back down to guitars, bass and drums. Their management team of Cliff Burnstein and Peter Mensch (yep, the same guys that manage Metallica and AC/DC) suggested Robert “Mutt” Lange (yep the same guy that did AC/DC’s “Back in Black”, Def Leppard’s “Pyromania” and “Hysteria”, Foreigner albums, Bryan Adam’s albums and Shania Twain albums).

The LP kicks off with “Dead Inside.” The Official Music Video has 13,104,415 views and the Lyric Video has 8,640,302 views.

Check out “Psycho” that merges a “Black Sabbath” sludgy groove with classical overtones. It’s a riff that has been around for 16 years. “Psycho” has 24,073,826 views on YouTube.

Then comes “Mercy” that will satisfy the pop fans of Muse, plus it has enough grit to satisfy the rock fans. I will even go out on a limb and call Muse the modern-day Led Zeppelin. The official music video has been viewed 6,650,291 times.

“Reaper” kicks off with a Van Halen “Hot For Teacher” vibe and it has this “Still Of The Night” vibe from Whitesnake in the Chorus, while the bassist is playing lines like “Heart Of The Sunrise” from Yes. Brilliant. All of the songs deal with the main person of the concept story being overcome by oppressive forces. The official Lyric Video on YouTube has already 6,459,743 views.

In “The Handler”, the protagonist decides that they don’t want to be used by others, they don’t want to be controlled, they don’t want to be a cold, non-feeling person. It is the pivotal song where the protagonist wakes up and says that they want to actually feel something and the desire to fight against the oppressors sinks in.

This leads into “Defector,” “Revolt” and the keyboard led song like “Aftermath” with its Claptonesque blues style of leads in the intro. This is where the person tries to inspire others to think for themselves and think freely and independently. When “Aftermath” ends, the person is ready to re-engage and love again.

Chuck into the mix the Morricone themed “The Globalist” that morphs into a “Stockholm Syndrome” style movement that then morphs into an Elton John crossed with a jazz movement and you can see why I call Muse the modern-day Led Zeppelin.

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It’s “2015 Chaos AD” and People Are Seeking Filters

A common question today is “How do musicians make money?”

Depending on which side of the argument you are, you either focus on the positives of today’s music market or on the negatives of today’s music market. Artists like Paul Stanley, Yngwie Malmsteen, Joe Perry, Scott Ian, Gene Simmons and Kirk Hammett focus on the headlines that read;

  • Album sales are down
  • iTunes single downloads are down
  • Streaming services are decimating artists incomes
  • Technology and the internet has killed the rock star

But it’s not gloom and doom. The old ways are not coming back. You don’t see people going back to dial up internet, three TV channels and landline telephones. So why do you expect them to start buying albums again on vinyl and plastic.

So what do artists do?

Well you can complain like others for the old ways to come back or you can look at new ways and models to increase your brand and exposure.

In the link, there is a story about Linkin Park. In 2013, they decided that they needed to change their business model to accommodate the changing recorded music market. They restructured their organisation to run like a tech start-up. They parted ways with outside management and brought everything in-house

Prior to that they released music consistently, did video games, art and they licensed their grassroots marketing service to other bands, film studios, TV stations and brands.

They studied other successful artists who diversified. They studied other brands from different markets. They formed a new strategy where creating and selling music plays a supporting role instead of being the main role.

So what about someone just starting off?

A lot of people would say “Linkin Park is huge so they have the power to do things differently.” Read the article. Everything that they have going for them started with the team that was assembled to pack and send CD’s before they made it big.

For anyone starting off, the product is first. If you have no product, you have no publicity. And publicity comes from word of mouth. It’s 2015 Chaos AD and people are seeking filters. And the cold hard truth is that in order to be heard above the noise, you still need someone to promote you and your product.

I remember reading an article about word of mouth and it stated that Google, Facebook and Amazon grew because of word of mouth. Motley Crue and even Metallica had people spreading the word for them. And people will always listen to their friends.

Look at “Phish”. Their business thrives without any media attention and their career is decades deep.

And for the ones whinging about streaming profits, the goal is to get people to stream for years. Instant payola is gone.

There is another story over at the Times called “The Creative Apocalypse That Wasn’t”.

The article states, creative artists are thriving “in complicated and unexpected ways.”

Remember the words of Lars Ulrich on July 11, 2000, in front of the Senate Judiciary Committee,

‘‘We typically employ a record producer, recording engineers, programmers, assistants and, occasionally, other musicians. We rent time for months at recording studios, which are owned by small-­business men who have risked their own capital to buy, maintain and constantly upgrade very expensive equipment and facilities. Our record releases are supported by hundreds of record companies’ employees and provide programming for numerous radio and television stations. … It’s clear, then, that if music is free for downloading, the music industry is not viable. All the jobs I just talked about will be lost, and the diverse voices of the artists will disappear.’’

So 15 years have passed.

Have artists disappeared? NO

Has the music industry died? NO

But what we have are artists using a business model from the 1950’s. Spend time in a studio, record an albums worth of songs and release it. Hope that it penetrates the market and you go on a continuous victory lap celebrating the fact.

Look at any band in the history of music and they all have the definitive crossover album.

Bon Jovi has “Slippery When Wet”, Led Zeppelin has “IV”, Metallica has the “Black” album, Motley Crue has “Dr Feelgood”, Judas Priest has “Screaming For Vengeance”, Eagles have “Hotel California”, AC/DC has “Back In Black”, Kiss has “Destroyer”, Poison has “Open Up and Say Ahh..” and so on. You get the hint.

What we do know is that any record that gains traction will last longer than ever before in the current climate.

Metallica spent close to 18 months on the “Black” album and over a million dollars on it. Depending on which side of the debate you are on, it was either totally worth it or not worth it. From a band perspective, it was totally worth it. The “Black” album explosion also increased awareness in their back catalogue, which if you read my posts, you will note that even in 2015, “Master Of Puppets” is outselling the “Black” album.

But do the fans of 205 want their favourite artists to spend so much time out of the market?

While artists complain about technology changing their income streams from sales of recorded music, they seem to forget that technology has also changed the cost of recording an album/song?

If your main gig is to write songs for others, then we will be hearing your depressing stories in the press, unless you’re a Max Martin. However, if you like to play live, then the new world is for you. It’s simply economics. Recorded music is a product and performing live is also a product. Once upon a time both products were limited. Now recorded music is in infinite supply and live music is still limited. So when one product experiences a price decline, the other product which is limited, experiences an increase.

We don’t care about the corporations when it comes to music. We care about the music and the artist?

And it is unfortunate that the corporations attached the sales metric of record music as f fans caring for artists. So of course, if sales are reduced and music is illegally obtained, the same corporations with some dumb artists toe the line that fans don’t care. However, the fans do care, they just show it in different ways. But the same corporations don’t know how to make sense of the data and the artists are too poor or too far down the chain to obtain any substantial data.

Maybe that is why the direct to fan relationship has become such a focus lately. It means a leaner artist with less handlers. As the Times article states, more people are involved in music today than the glory years of the Nineties.

They are just doing it very different to what artists of yesteryear did.

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

INTERESTING: In A World Of Free, Metal and Rock Music Still Continues To Sell

There is a great article over at the Metal Insider website.

If you are too lazy to click on the link, the article covers the biggest selling metal and rock albums for 2015.

From the results, it’s pretty obvious that metal and rock fans like to purchase music. There is still a collectors mindset there. What’s even more fascinating is that a lot of the albums that have sold a decent amount in 2015 were not even released in 2015.

NOTE: The figures are based on U.S sales.

“Master of Puppets” was released in 1986 and in 2015 it sold 107,800 units. The self-titled “Metallica” album released in 1991 has sold another 77,100 units in 2015. It is well on its way to 17 million units sold in total.

Now think about for a second.

All of Metallica’s music is available on streaming services for paid subscriptions and for free. All of their music is available for downloading via legal options and illegal options. And they still continue to sell.

A band’s longevity is based around the need to replenish their fan base year after year. If you are not doing that then expect to play smaller venues. Dokken and Ratt are two bands that come to mind who haven’t replenished their fan bases from the Eighties. Both bands in the Eighties had platinum sales and played arenas. Today, they have almost no sales and play clubs.  Of course, not having the main creative forces in the current version of the band plays a part, however, even if Lynch and Pilson or Pearcy and Croucier did rejoin Dokken and Ratt respectively, it doesn’t mean that millions of people would be interested.

Metallica,  however is doing a good job at replenishing their fan base based on their selected live performances in new markets and in markets that have high rates of piracy.  They basically have a whole new generation of music fans who more or less consumed the music of Metallica for free and in most cases illegally. However, that still hasn’t stopped them from selling music and concert tickets.

As business people, the move to their own label “Blackened Recordings” was a no-brainer.

The record is how it all starts. It hooks the audience in. Anyone born in the Nineties, will know Metallica as the conformist poster artist for the labels in the Napster case. Anyone born in the Seventies and early Eighties know Metallica as a non-conformist band that pushed boundaries.

The whole Napster kerfuffle in the end just showed why it was not a good idea for Metallica to get in the way of people experiencing their music. However, they have learnt that by making their music available everywhere, they see better returns in other areas.

As an artist, it is a privilege for people to listen to your music. Respect that.

“Back In Black” from AC/DC was released in 1980. In 2015 so far, it has sold 110,000 units in the U.S.  The new album, “Rock Or Bust”, released in 2014, has sold 143,400 units in 2015.  Put it down to the band being on the road and building awareness of the new album. It just goes to show that the blanket marketing campaigns before the album release date, the Grammy appearance and all of the other medical issues/jail issues in the media meant nothing in 2015.

You see, when the music eco system was controlled by the record labels, the marketing blitz by the labels meant something. In 2015, it means nothing.

From the 2015 releases, Breaking Benjamin’s “Dark Before Dawn” has sold 209,000 units so far, Marilyn Manson’s “The Pale Emperor” has sold 124,200 units so far and Halestorm’s “Into The Wild Life” has sold 114,500 units so far.

From the 2014 releases, Foo Fighters “Sonic Highways” album has sold 87,800 in 2015, for total sales in 480,000 so far. Slipknot’s “5: The Gray Chapter” has sold 84,000 units in 2015, for total sales of 344,000 units. Nickelback’s “No Fixed Address” album has sold 101,000 units in 2015. Like the Foo Fighters it is approaching Gold status.

Led Zeppelin continues to be a selling machine, so why would they create new music when Copyright grants them and the owners of their songs, rights for the next 110 years to exploit the works.

In case you are wondering “Led Zeppelin 4” sold 75,000 units and “Physical Graffiti” sold 112,400 units in 2015.

Kid Rock’s debut “Devil Without A Cause” is still selling. For 2015 alone, it has moved 86,000 units. Add that to the other 10 million units it has sold so far.

So what is all of the above telling us.

Eventually people will pay, however if a piece of music that people want to check out is not available for free, they will turn away until it becomes convenient. Don’t expect people to pay just because you want them too.

And for all of those critics saying the new bands cannot attain the same level of success as their Seventies and Eighties counterparts, well have a look at some other stats.

 

As influential as Black Sabbath was to metal music, they are being outsold by Linkin Park, Korn and even Limp Bizkit.

Also for all of Gene Simmons and Paul Stanley’s comments about rock being dead because no one is buying recorded music, well, Kiss has never really been a big seller of recorded music anyway. Their 21 million is pretty tame compared to Metallica’s 62 million. In the end, the live show is where it’s at. Deliver there and make that show a cultural event, the sky is the limit.

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Copyright, Derivative Works, Influenced, Music, Stupidity, Treating Fans Like Shit

Stupidity Incorporated

Stupidity just doesn’t seem to go away these days. Last month the World Intellectual Property Organisation (WIPO) promoted it’s World Intellectual Property Day with a slogan from a Bob Marley and the Wailers song called “Get Up, Stand Up”. WIPO’s theme was “Get Up, Stand Up. For Music”.

Did you know that a judge ruled against Bob Marley’s heirs a few years who sought to regain control of Marley’s copyrights from Universal Music claiming that Marley wrote the song as a work made for hire and thus Universal could keep the copyright, and not give it back to the Marley Estate.

Now “work for hire” means that an artist was commissioned to write a song to the exact specifications of the record label. Wikipedia states “work for hire” in the following way;

A work made for hire is a work created by an employee as part of his or her job, or a work created on behalf of a client where all parties agree in writing to the WFH designation.

I can’t believe how a judge would seriously believe that the record label at the time “Island Records” would have given the song titles to Bob Marley and told him the theme of what the song should be about.

Anyone involved in music knows too well that is not the case for at all. “Get Up, Stand Up” was written after Marley toured Haiti and the poverty that he was confronted with in that country.

As the Techdirt article points out, you have an organisation so dumb and out of touch with culture that it using a song from an artist that has been hijacked by the corporations who push for stronger copyright enforcement.

As far as I’m concerned, Bob Marley’s copyright MUST be in the Public Domain upon death. The public is meant to be the beneficiaries here, not the heirs and not the record labels.

Which brings me to the “Stairway To Heaven” court case.

You see I am not a fan of the heirs of an artist inheriting the copyrights of the artist once they die and I am definitely not a fan of the heirs of an artist suing others for money. We can all hear that Jimmy Page lifted the riff from the Spirit track “Taurus” and to be honest made a better derivative version of the Spirit track. For whatever reasons Spirit guitarist Randy California was cool with it and nothing happened. However the heirs are now challenging that.

What a sad state it is when a court has to decide on this and whichever way the court rules, the court is putting out the idea that one track is so original and the other is not. As a musician, trust me when I say that no song or riff is created in a vacuum. Each piece of music that comes out is a sum of our influences.

One final thing to add to my rant. When can the artists get it right when it comes to the music industry and recording industry references. Check out this quote from Ron Bumblefoot, the current guitarist in Guns N’ Roses.

”The music industry started to see their customers as their enemies and everybody suffered for it. Congratulations record industry – you’ve made a mess and you still don’t know how to clean it up.”

I always state over and over again, that the music industry is not the recording industry. They are two different entities. You see, the music industry didn’t see their customers as enemies, nor did they sue them, it was the recording industry that did that.

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

Just Another Day In The World

Game Of Thrones

It looks like Piracy does pay. The sales of DVD/BluRay box sets for Season 4 of “Game Of Thrones” are going crazy. Season 3 also experienced the same craziness.

Led Zeppelin

Meanwhile, an album from 40 years ago is back on the charts. Led Zeppelin, who was so late to the streaming party, is now fighting for a spot on top of the charts due to their fans streaming their music.

Sales

So the recording industries response to piracy is to have a global release day on Friday. Hello, its 2015. Every day is a good day to release new music because music when done right doesn’t need a blockbuster opening day. Last week, 36 Crazyfists released their album “Time and Trauma” with first week sales of 3,500.

Yeah, high fives all round. Let’s blame piracy.

Meanwhile, ageing rockers AC/DC moved another 8,000 units as they move closer to 500,000 sales. However, sales of 500,000 does not mean that the record is popular amongst their fans. Does anyone know if it’s continually getting played? It’s not on Spotify so we can’t use any data from there.

Meanwhile, the “Rock Or Bust” clip has over 7 million views on YouTube, while “Play Ball” has over 6 million views. However, if you compare those YouTube views to Slipknot’s “The Devil and I” 26 million plus views, it’s easy to see what fans of rock and metal are listening too.

But hang on a second, the media outlets give ink to the fact that AC/DC has almost sold 500,000 copies of their album, while Slipknot is closer to the 300,000 mark. Further evidence today, that sales don’t equate to the actual popularity of the album. Listening data does.

Sales are old school and they are not coming back. In Norway, piracy is non-existent however revenues from recorded music haven’t increased. Goes to show that people never really wanted to own music, they just wanted access to it.

American Sniper

However if an entertainment product is done right, people will still spend their money. “American Sniper” is a perfect example of that. The movie is all over the piracy sites, and it is also approaching the $500 million mark on Box Office Returns. Compare that to the “The Expendables 3” which bombed big time. One movie hit the mark with the audiences while the other didn’t.

So when something does well, piracy is not mentioned at all as maybe a possible reason for its success, while when something does not do well, piracy is always blamed.

Performing Live

For musicians, piracy is exposure. Machine Head grossed $33,000 for one show in front of 850 Head Cases. If they play 100 shows with the same return, that would mean, they would have grossed $3.3 million. It sure sounds like a decent take home.

On a larger scale, Slash Feat. Myles Kennedy & The Conspirators grossed $316,696 for a show in Dublin.

Music is all about people listening and if we listen and we like it, we will spend our dollars.

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

What I Am Over Reading …..

Metallica’s New Album

Seriously it has been six years since Death Magnetic was released. For the last six months, the band has been working on songs. They have mentioned in press interviews that they have thousands of riffs stockpiled. The hype means nothing in 2014. Do people want a full Metallica album every six or seven years? I know what I would prefer, more quality frequent releases.

In relation to new music, “The Lords Of Summer” is the only new offering, while “Beyond Magnetic” broke the cobwebs on some old Death Magnetic demos. And the less said about “Lulu” the better.

However the Metallica live show sells out.

Led Zeppelin ReIssues

Seriously. How many times can someone own the original three albums or the songs contained within those albums.

Rockstars becoming owners of ,insert business venture here>

The fans want you to write music and play for them. Instead we get our heroes become owners in football clubs, technology start ups and so forth.

Piracy

Seriously. Is this still an issue in 2014?

YouTube and Spotify more or less have everything that a person would want. However the labels along with the RIAA still use piracy as a means to get more laws written. In Australia, our Attorney General is talking up a three strikes policy as a means to combat piracy even though evidence from all over the world has shown that these policies have done nothing to stop copyright infringement.

It’s because the people have no respect for copyright law anymore and the corporations that abuse it. Music survived for centuries upon centuries because there was no copyright. Artists copied each other. Music and melodies got passed on from family members to family members via copying each other.

Google Needs To Do More

People like U2 manager Paul McGuinness or the RIAA or the MPAA or the various bots they employ to issue takedowns need to get a life because Google is not to blame for copyright infringement. Google is not to blame for the THEFT of music. I believe the latest comment from McGuinness is that “Google is the greatest theft enabler on the internet”.

Seriously McGuinness should look up what THEFT means because as far as I know, U2 still has their music on iTunes. No one has stolen the mp3 that exists there. However if millions of copies of that same mp3 exist all over the internet, is that Google’s fault.

Streaming Doesn’t Pay

It does pay. If you are not getting any of the pie speak to the label or the organisation that is getting the pie. But according to Paul McGuinness again, bands should gate their releases like the good old days.

Sales

Seriously,they are irrelevant. All they do is give the old guard a way to measure something that is irrelevant because the new way to measure an artists reach is just too hard to fathom for them.

Are people listening to the album? That is the question. Instead of focusing on Soundscan numbers, what is happening on the live front?

Press Releases for new albums

People can see through the hype and bullshit. In other words, we don’t care about what the bands say about “how great this new album is” or “how it is a definitive statement of the band right now”. All we care about is if we like it. If it is great we will push it. If it is crap, expect it to disappear.

Because if publicity does increase sales, then bands should be selling by the millions and selling out their shows. But they don’t.

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

Credibility = Musical Differences

Music used to be about finding some Avant garde musical and lyrical edge and pushing yourself and that edge to the limits.

Want to be as big as Metallica. Forget about the Napster court case and remember that Metallica once was a band that had an edge. They were an outlier versus the LA Glam Rock movement.

When did it all change?

Now it’s about what maintains.

Now it is about what can an artist do to ensure that the nice income they got from the last recording and tour cycle remains the same?

So they go away and recreate the same album thinking that is what the fans want.

Now imagine thousands of artists doing the same thing and pretty soon, we, the public will be ploughed under by the plethora of product that all sounds very similar. And we do either two things. We switch off completely and go back to the classics that we know or we gravitate to a few current acts and decide that they will be the ones that we stick with.

Because we don’t have time to sit back and listen to every new album just to find that one song that could blow our mind.

Musicians didn’t want to make the same music everybody else did. It was all about finding your style.

Musicians didn’t care about how they looked. It was all about how they played.

Musicians didn’t want to sell out to the corporation because it took away their street cred.

And credibility is everything.

That is why Rock/Metal bands didn’t really last forever.

Credibility equals musical differences.

How long were The Beatles together? Eight or nine years.

What about the original line up of Kiss? Eight or nine years.

Twisted Sister (the version of Dee Snider, Jay Jay French, Eddie Ojeda, Mark Mendoza and AJ Pero) had a run of 7 years before AJ Pero was booted and another year after that the band itself was goneski for a long period of time.

Motley Crue had a run of 11 years before Vince Neil was outed.

Led Zeppelin had a run of 12 years before the tragic passing of John Bonham and even though they got together with Jason Bonham on a few occasions, you could honestly say that was the end.

The Doors had a run of 6 or so years before the tragic passing of Jim Morrison.

What about Jimi Hendrix? He had a three-year reign before he tragically died.

Dokken had a run of 7 years before they went down in flames just because George Lynch couldn’t get over the fact that the band he was in was called Dokken.

Credibility is the honesty and openness of our past heroes and the lyrics in their songs.

Motley Crue didn’t come out and pretend to live the destructive lifestyle they sang about. They actually lived it. Same goes for Guns N Roses.

Dee Snider wrote his career defining songs when he was poor and broke. He had the anger and the credibility of knowing what it was like to be poor and hungry for success.

With Desperado and especially Widowmaker Dee Snider was in the same position as he was before the “You Can’t Stop Rock N Roll” success and he wrote a lot of great songs for those projects that no one has really heard. Listen to “Reason To Kill” from the Widowmaker album, “Blood and Bullets”. Elektra boss Bob Krasnow at the time would have hired multiple body guards to protect his sorry ass.

This is what music was.

Truth.

The basic human connection to one another.

And now with music available 24/7 everyone is sacrificing that truth in desperation to chase a trend that makes money. But the ones that had longevity in music never chased trends. Like Frankie said, they did it their way.

That is why in most new acts, most people know the singles, the real stand out songs from the album.

That is the difference between the new breed and the old acts. The fans of the old acts know the material. Because when you have that one album for a six month period, it is all that you listen too.

I will let you in on a little secret. All of our heroes are “years in the making” success stories. They started something, failed, looked stupid doing it, dusted themselves off and started something again.

But everyone these days wants to parade themselves as a winner. Which is BS.

What we need are musicians pushing the limits of their art.

We forget the latest song we listened too in a matter of minutes but we are still talking about the latest Game Of Thrones episode.

It needs to be the other way around.

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

Chaos + Disruption = The Music Business

It’s a chaotic and disruptive time in the music business and with chaos comes opportunity.

On one side you have COPYRIGHT. And that can be broken down into a lot of other little chaotic categories like infringement, the length of copyright terms, copyright monopolies, the lack of works entering the public domain and so on.

The public domain is culture. Keith Richards once said, ‘you can’t copyright the blues.’

Culture is built and expanded by sharing stories and building on the works of others. Led Zeppelin, The Beatles, The Rolling Stones and all of the sixties greats like Hendrix, Clapton and Beck used this concept. They built off the blues.

However copyright law and its real purpose got hijacked by corporations and everything changed. Instead of culture being built up in the works that the public creates and shares, the public is now faced with copyright corporations locking away works that should be in the public domain by now. These works that should be in the public domain do not benefit the original creators in any way, however they are beneficial for the few copyright monopoly gatekeepers.

For culture to thrive once again, it is important to respect the public domain.

Then on another side of the music business you have the RIAA who continually push lies out into the world, so that technology companies can do something to protect crap business models. Did you know that the global music industry sent it’s 100 million takedown notice to Google, to remove search links to certain sites. It looks like the RIAA doesn’t get it.

So if a person types in “free mp3” in Google Search what should Google return?

Sites that have free mp3’s or sites that the RIAA want Google to point to when that term is typed in. Maybe when that person types in free mp3, they want a free mp3 and have no interest in paying.

Then you have the ISP’s on another side that are caught up in the middle of all this as they offer the service that provides internet access to users. According to the RIAA and the record labels, the ISP’s allow “copyright infringement” to happen, therefore, they need to do something about it to help out the music industry. In Australia, this is heavily disputed, however in other parts of the world gradual response schemes are in place.

Then you have the technology companies trying to offer low cost services to fans of music. However, low cost to a fan means high costs to the RIAA and the record labels in licensing fees. This is before the new service is even allowed to trade. If the new service starts to trade without licensing in place, expect them to be litigated into submission.

Have you noticed that artists have not been mentioned anywhere as yet. That is how far the music business has come, where the actual music is only a small part of it, however it should be the major part of it. For the business to thrive, you need great music.

I was looking back to some of the releases in 2013 that I liked. Two of my favourites are “Protest The Hero” and “Coheed and Cambria”.

“Protest The Hero” and “Coheed and Cambria” are working to the “Keep your fan base close” mantra. Both of the bands moved from major labels into a DIY independent mindset, realising that their fans are king.

Exceptional fan service is the key driving force behind a bands success. I expect “Coheed and Cambria” will get a lot more fans purchasing the next super deluxe package for the new album because they did such a great job with “The Afterman” releases.

“Protest The Hero” on the other hand have fallen into the fan funded conundrum where the perks always arrive later than expected for international fans. I live in Australia and I am still waiting for the perks to arrive. The band have been clear with their information, advising that it will take 6 to 8 weeks.

It’s good old business 101, “treat your customers right and they’ll stay with you forever”.

Then you have bands like Five Finger Death Punch, Avenged Sevenfold, Dream Theater, Stone Sour, Killswitch Engage, Trivium, Volbeat, Alter Bridge and TesserAct that have label deals.

Should those bands go independent like Protest The Hero or Coheed and Cambria. It all depends on a person’s definition of success and hard work. Going independent means that you need to build a team around you like any business start-up.

What are the benefits of going independent?

The lesson is simple. Selling your artistic freedom and independence as a “success” strategy can bring lucrative rewards. But it’s not always the best move for your career, as you are also selling off important data to the record label. The record label doesn’t want to know your fans or connect with them. They want you to do it, so that the label can make money of that relationship and then pay you a percentage of it.

Coheed and Cambria moved over 100,000 units of their deluxe “Afterman” editions. At $60 (I think it was $68, however I will use $60 for the example) an edition, that comes to $6 million in revenue. If the band was on the label model, what percentage would the band see from that $6 million.

The music market/business is filled with acts trying to make it. It is going to take a huge effort to stand out amongst the rest. Music is a lifer game. It is a slow and steady approach that builds careers.

Artists should be looking at development. With each song release, artists should never be afraid to try things out. Even try out new technologies that make it very easy for their fans to interact with them and their music. In a company, this is called research and development. Investing in your career is never a mistake.

The artists have the power to make the record labels redundant, purely to be used as a distribution arm if needed, however with the rise of streaming technologies, even this arm can be in danger of disappearing. Bands like Coheed and Cambria, Protest The Hero and Digital Summer have seen the recorded business side of things and have decided, hey we can do it better. That’s what great businesses are made of.

So in all of this chaos, who will rise and who will fall? Time will tell, however if you compare music to technology, you will see only a select few rise to the top. Smartphones and tablets is all Apple and Samsung. Amazon has online shopping cornered. Google is the king of search. Spotify will win the streaming war. Facebook rules social media. iTunes rules the mp3 and app market. Will the same fate happen in the music business?

2019 Crystal ball predictions;

Coheed and Cambria – will get bigger and bigger. Their style is unique, so expect them to keep to that style, sort of like how AC/DC releases music in the same style or Iron Maiden.

Protest The Hero – proved to themselves that they still matter. Will get bigger and more crazier. The future of progressive metal.

Machine Head – will still be bigger then what they are. Robb Flynn understands the internet and understands the change that is coming. He will make sure that Machine Head rides the wave all the way to the shoreline, while Adam Duce circles in the undercurrent, ready to litigate the band into submission.

TesseracT – will become the next Pink Floyd.

Digital Summer – are one of the hardest working rock bands around like Twisted Sister and Dream Theater. They will get bigger as they are lifers.

Avenged Sevenfold – will become the new Metallica.

Five Finger Death Punch – I have a feeling that they will break up after one more album.

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

Metallica – will still be relevant in the same way the Seventies act remained relevant.

Dream Theater – will still tour and do a lot of side projects, however they will be replaced by TesseracT and Protest The Hero.

Black Veil Brides – will take over the void left by Motley Crue and Guns N Roses.

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

Alter Bridge – The world needs Led Zeppelin to continue. Expect Alter Bridge to fill this void. They have one of the best vocalists of the modern era in Myles Kennedy. Marc Tremonti is a prolific writer. Call his Creed project, “The Yardbirds” and Alter Bridge as “Led Zeppelin.”

Bullet For My Valentine – will deliver their own version of “Master Of Puppets” and “The Blackening”.

Lets see how it pans out.

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Classic Songs to Be Discovered, Copyright, Derivative Works, Influenced, Music, My Stories

The Force Is Strong In The Kashmir Effect

Led Zeppelin’s “Kashmir” is the type of song that is so good, that it has become part of pop culture. The song was released in 1975 on the “Physical Graffiti” album.

Even “Kashmir” is a result of Jimmy Page creating derivative versions of previous ideas and songs. The first thing is the CIA tuning that Jimmy Page first employed with “The Yardbirds”. CIA stands for Celtic-Indian-Arabic and the exact tuning is known as DADGAD, a tuning that Davy Graham used for his 1963 rendition of an old Irish folk song “She Moved Through The Fair” which in turn saw Jimmy Page come along and derive a new song called “White Summer”, and another derivative version called “Black Mountain Side”.

If you don’t know who Davy Graham is, go to YouTube right now and type in “Anji” and prepare to be mesmerized. For all the music geeks out there, check out one of the riffs from “Anji” (that comes in at about the 14 second mark) and then go and listen to Queens Of The Stone Age song “No One Knows”. Hear the riff. While “Anji” wallows in internet obscurity, “No One Knows” has 17,883,776 views on the Queens Of The Stone Age Vevo account.

“Black Mountain Side” was recorded in October 1968 and released in January 1969 on the first Led Zeppelin album. It is credited to Jimmy Page as a writer, however the guitar arrangement closely follows Bert Jansch’s version of “She Moved Through the Fair”, recorded on his 1966 album “Jack Orion” which more or less was a cover of Davy Graham’s 1963 version.

All of these songs are in the same DADGAD tuning that was used for “Kashmir”. I am not saying that these songs sound similar to “Kashmir” however these songs needed to be jammed on, so that Jimmy Page could get used to the DADGAD tuning. You see great songs don’t happen overnight or by a committee. They happen by derivative jamming and by derivative accidents.

If there was any doubt about the power of “Kashmir”, then look no further than the metal and rock movements during the Eighties.

Kingdom Come’s derivative version “Get it On” helped the self-titled Kingdom Come album released in 1988 move over a million units in the U.S. Whitesnake employed the same technique in “Judgement Day” from the “Slip Of The Tongue” album, which even though it didn’t reach the sale heights of the self-titled 1987 album, it still moved over a million copies in 1989.

As Yoda would say, the force is strong in “Kashmir”. Kashmir’s legacy in pop culture was solidified in the Nineties when the main riff was used by Puff Daddy in the song “Come with Me”.

The defining part of the song is the ascending chromatic riff over a pedal point which is made even greater by the drumming from John Bonham, playing slightly behind the beat.

Dave Mustaine is a great employer of this technique. “In My Darkest Hour” and “The Call Of Ktulu/Hanger 18” both employ this technique, however there are other Mustaine penned songs that also include this technique. Progress is derivative is the mantra that I employ.

“Mary Jane” from the “So Far, So Good, So What” album released in 1988 has that riff that comes in at 0.46 and continues throughout the song. If it sounds familiar, it should, it is a very close derivative version of “In My Darkest Hour”. Both songs are similar and both songs have the ascending bass line over a pedal point.

“This Was My Life” from the “Countdown To Extinction” album released in 1992 has the main verse riff.

“Public Enema Number 1” from the “Th1rte3n” album released in 2011 has the main verse riff.

“The Kingmaker” from the “Super Collider” album released in 2013 has the Chorus riff.

Billy Squier also employed “The Kashmir Effect” and “The Ramble On Effect” in his song, “Lonely Is the Night” from the album “Don’t Say No” released in 1981. The music is “Ramble On” and the beat is “Kashmir”.

Guess progress really is derivative.

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