Tag Archives: Led Zeppelin

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

Copyright Inc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which side are you on?

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

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

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

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

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

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

Still Of The Night – Progress Is Derivative

It is a well-known fact that Led Zeppelin has borrowed (or stolen depending on how people view this) bits and pieces from other artists. It is also a well-known fact that they are innovators. Their influence and reach was vast and if there was no Led Zeppelin, a lot of bands that we love and like today would have not have existed in the form that we know them.

One such band is Whitesnake. Founding member, David Coverdale had a three album run with Deep Purple before leaving to start a solo career which after two albums ended up morphing into Whitesnake.

Whitesnake is basically a blues-rock band heavily influenced by Led Zeppelin and Deep Purple. For a lot of people, their first hearing of Whitesnake was in 1987 and a song called “Still of the Night”.

That was my first exposure. After that I went back and started purchasing their back catalogue. On initial listens, it didn’t grab me. By 1988, I was into the over produced and slick sounds of pop metal and if the album didn’t have that tone, I didn’t invest time. Of course, years later I did go back and give those earlier albums a re-listen and I am better musically for it.

So going back to “Still Of The Night”. The song was written by lead singer David Coverdale and guitarist John Sykes and it was Produced by Mike Stone and Keith Olsen.

David Coverdale in an interview with Metal Hammer commented on the origins of the song:
“When my mother died I was going through the stuff at her house and found some early demo cassettes. One of them was a song that Ritchie Blackmore and I had been working on which was the basic premise of what would become “Still of the Night”. It was totally unrecognizable, so Ritchie doesn’t have anything to worry about… neither do I! Ha ha ha! I took it as far as I could then I gave it to Sykesy when we were in the south of France, and he put the big guitar hero stuff on there. John hated blues so I had to work within those parameters. I manipulated to be electric blues, but how he performed it was fabulous for his time and relatively unique because of the songs. There were a lot of people doing that widdly stuff but they didn’t have the quality of those songs.”

John Sykes in another interview on the Melodic Rock website had this to state about “Still Of The Night” when he was asked about the famous solo with the cello.

“Yeah, well that was actually the first part of that song I wrote…was the middle section. All that was written on guitar in my mum’s kitchen. It wasn’t till months and months later that I came up with the other stuff and basically got the riffs and the chord for the verses.”

Read the interview for yourself. http://www.melodicrock.com/interviews/johnsykes.html

Somewhere in between is the truth. From listening to the song, the Led Zeppelin influence is unmistakable.

The vocal delivery over the F#5 power chord in the intro is Robert Plant from “Black Dog”.

When the riff kicks in straight after, the ears are treated to a combination riff based on “Black Dog” and “Immigrant Song”.

The whole interlude section resembles the part in “Whole Lotta Love”. Listen to all of the cymbal and hi-hat work, as well as the distorted guitar noise and Coverdale’s moans. While the “Whole Lotta Love” interlude was more of a free form jazz improvisation jam with lots of knob turning, the “Still Of The Night” interlude is more musical and metronomed that builds into the cello solo.

There is only one John Sykes and Whitesnake hasn’t been the same since. The same way that the Sammy Hager fronted Van Halen wasn’t the same as the David Lee Roth fronted Van Halen.

“Still Of The Night” is almost an anthem. Not like Bon Jovi’s “Livin’ On A Prayer” anthem, more like a get together and remember a glorious time anthem. That’s how good John Sykes is. That is why “Still Of The Night” still exists and is part of the public conversation. Even though it is derivative, it is hard to burn out on it because it doesn’t sound like anything else. I know it is a contradiction and that it is why the song is perfect.

In information starved 1988, Adrian Vandenberg and Vivian Campbell got the nods, however John Sykes is the real superstar.

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Alternate Reality, Copyright, Derivative Works, Music, Piracy, Stupidity, Treating Fans Like Shit

Imagine A World With Copyright Terms Reduced To 40 Years..

Should songs still be under Copyright forty years after they have been released?

In Australia (as well as a lot of other countries) a copyright for a sound recording or a film lasts for the life of the creator + 70 years.

In my opinion this is ridiculous.

Is this what Copyright has become? A pension fund for the creator and their family members. Also with large Corporations technically owning a lot of the copyrights of creators, it is safe to say that Copyright has become a weapon to stifle creativity.

It is common for people to see that the purpose of Copyright as a means to compensate the creator of the content. Hell, that is what Wikipedia states as well, along with the large labels and movie studios . In fact, Copyright was never designed solely for this purpose.

In Australia it was stated that the purpose of Copyright law was;
…to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. On the other hand, as copyright in the nature of a monopoly, the law should ensure, as far as possible, that the rights conferred are not abused and that study, research and education are not unduly hampered.”

In the U.S, the Constitution’s clause on Copyright and patents states:
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (Article I, Section 8, Clause 8)

In today’s terms, both countries are saying that the purpose is to reward the creator and to ensure that maximum creativity is happening.

John Lennon didn’t sing imagine a world with reduced copyright terms however he should have.

Let’s just say that the copyright of a song is 40 years from when it was first released. To make the law even simpler, let’s just say that the 40 years starts from when the song is first released. So if the song is remastered 10 years later or released as a live version, it doesn’t matter. The 40 years starts from when the song is released.

That would mean that all songs from 1972 and before would have been in the public domain at the start of 2013.

That would mean albums from Led Zeppelin, Black Sabbath, Deep Purple, Eric Clapton, Cream, Rolling Stones, Yes, Pink Floyd and many others would be in the Public Domain.

Would that affect those bands in any way?

Would it affect the people who wrote the songs?

Lets look at Led Zeppelin. If copyright is 40 years from when the song was first released that would mean that Led Zeppelin I to Led Zeppelin IV would be copyright free. That means all of those songs are available to use.

Imagine all the music that would be created by building on the material. Image all the music that would be created by remixing, sampling and re-using the songs. All of those songs would available for people to re-record without any restrictions. It will not diminish the original songs in any way. It would give them a second life and a new audience.

Why should any creator in 2013 be stifled by over-reaching copyright laws when it comes to creating art?

The acts from the Sixties and Seventies, brazenly borrowed and built upon songs that already existed. Keith Richards even said that you can’t copyright the blues. All of those bands infringed heavily on other people’s copyright. However back then the Copyright monopolies didn’t exist, so it was okay.

Surely the 40 year monopoly that artists from the Sixties and Seventies have on the music they created is sufficient compensation for their creations. However copyright is still seen as a major profit line in the business model of artists. Since the Government and the large players have focused almost exclusively on monetizing via copyright, they will argue until they are black and blue any attempt to change copyright as they see change as an attack on their incomes.

Seriously, who do you think will be holding the copyright to the Led Zeppelin songs, 10 years after Jimmy Page and Robert Plant have passed. Trust me, it will not be the family members. It will be the corporations and the record labels. They will hold the monopoly on these songs. You can see it happening now with Disney and how they are stopping Mickey Mouse from entering the public domain by lobbying for longer copyright terms.

So what new songs would these corporations be creating by holding a monopoly on the copyright. The answer is simple. NOTHING.

Remember that Copyright was also designed so people are inspired to create more. So what has Jimmy Page created in the last 15 years. The answer is nothing. There is nothing wrong with that either, because he can rely on his copyright monopoly and issue box sets every 2 to 3 years. Since 1990, Jimmy Page has issued 13 box sets of Led Zeppelin’s seventies output. In 23 years, Jimmy Page has released the same music, over and over again 13 times.

Remember, copyright is to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works. So what happened to the further creative works.

I love Jimmy Page and he is a huge influence on me. However, apart from the excellent Coverdale/Page project and his reunion with Robert Plant, his creative output has been poor since the start of the Nineties. Even in the Eighties, Jimmy Page’s output pales in comparison to Robert Plant’s recorded output and work ethic.

By the way did you see that BitTorrent traffic is down in the U.S? How can that be, especially when the labels and the movie studios are still screaming piracy and copyright infringement.

It’s funny what some innovation can do. That is how you compete today. You innovate, not stagnate. NetFlix and YouTube account for 50% of all net traffic.

However in Europe and other parts of the world, access to the latest films and TV shows is not as instant so unauthorised BitTorrent users continue to grow there.

The labels and their back-handed politicians will argue that their six strike policy is the reason why BitTorrent traffic is down. I would argue back that all that has done is increase the use of Dark Nets.

This is what the article said on that;
“The use of “dark nets” such as Tor and encrypted digital lockers is growing in popularity. These can be harder to track.”

So get ready for the next round of b.s from the labels and their lobby groups. We need Google to do more to stop copyright infringement, we need dark nets to be busted to save our children, we need cloud services stopped because they encourage racketeering and copyright infringement on a grand scale.

They will complain about everything, except innovate. Spotify wasn’t created by the music industry. Pandora wasn’t created by the music industry. iTunes wasn’t created by the music industry. The iPod wasn’t created by the music industry. NetFlix wasn’t created by the movie industry. Napster wasn’t created by the music industry. YouTube wasn’t created by the music business.

But the entertainment industries spin it like it was them that created these legal alternatives. The truth is they where dragged kicking and screaming into these new technologies.

BitTorrent traffic down: http://m.bbc.co.uk/news/technology-24911187

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Uncategorized

The State Of Heavy Metal

There it is again. Heavy metal. It doesn’t matter how many times the labels tried to kill it, mainstream it or commercialize it, Heavy Metal has remained consistent from when it began. Whenever pop music becomes pretentious, heavy metal rises up as an alternative answer.

What does the term “heavy metal” mean?

Black Sabbath started something in 1969 in the UK. Deep Purple and Led Zeppelin started something on the hard rock front. In the U.S you had Kiss, Styx, Ted Nugent, Journey. In Australia, you had a pub rock band called AC/DC. Progressive Rock became a force to be reckoned with on the backs of Pink Floyd, ELP, Genesis and Yes.

By the mid Seventies, disco, punk and new wave became the darlings of the scene and heavy metal and all forms of rock went underground again, waiting for the day to rise again.

Then came the New Wave of British Heavy Metal between 1979 and 1983. At the same time, hard rock, glam metal and speed metal roared out of the Los Angeles and San Francisco scene. Think Motley Crue, Ratt, Metallica, Megadeth and Slayer.

When heavy metal and hard rock drops off the mainstream scene, it is never gone for long. Heavy Metal is the answer to all things corrupt. It is the soundtrack.

Typically most metal fans come from working-class homes or changed family dynamics. According to a recent study, all us metal heads must have low self-esteem, because that is why we listen to metal music.

The mainstream always ignored metal music, seeing it as too dumb. Of course, when a band breaks through, the mainstream are the first group of media outlets to jump on the wagon. Remember Metallica. Ignored by the mainstream completely. The only mainstream press they got was the sad and tragic death of Cliff Burton. Then the Black album comes out and it is undeniable. It’s a juggernaut and everyone wanted to be a part of it.

So here is the list of the current state of heavy metal.

CLASSIC EVERYTHING

Rush – enough said. Move on.

AC/DC – enough said times two.

CLASSIC METAL

Iron Maiden – they need another great album like “Brave New World” soon or they will be playing to smaller and smaller audiences with each tour.

Metallica – they need to start making better decisions and they need to release new music. Look at their decision-making process. A project with Lou Reed (RIP) that just didn’t connect with the fan bases of each party involved and an $18 million dud of a movie. In relation to new music, they can only go back to the same market place year after year before the fans get burned on it.

Megadeth – Dave Mustaine said on “The Metal Show” that his top five Megadeth albums are “Countdown To Extinction”, “Rust In Peace”, “Peace Sells”, “So Far So Good So What” and “Killing Is My Business”. He needs to have a current album in that Top 5.

Slayer – are finished in relation to new music without Jeff Hanneman. He was the main songwriter in Slayer, full stop. To hear Kerry King saying that if the Jeff Hanneman music in the archives is not good, it will be not used is a load of B.S. Who made Kerry King the gatekeeper?

Judas Priest – is not Judas Priest anymore. It’s all about the dollars.

Black Sabbath – is all about the last paycheck. Anyone remember the recent album? Name me the whole track list without Googling it. I bet if i asked you to name me the whole track list on “Paranoid” or “Heaven And Hell” I would get an answer.

Pantera – lets hope that no one is stupid enough to reform Pantera with a “guitarist” paying tribute to Dimebag. Stick to your guns Vinnie. Pantera died completely when Dimebag died.

CLASSIC ROCK

Led Zeppelin is still big business in the market place. That is what the mighty Zep has become. A Corporate entity.

Pink Floyd are on hiatus however Roger Waters is still doing the rounds. He is the real deal anyway.

Motley Crue have gone back to the same market places year after year since 2008. The fans are getting burnt on this grab for cash as no new music has been forthcoming expect for the song “Sex”. The movie and the farewell tour are constantly dropped to the public.

Deep Purple should call it a day. They are out of ideas and inspiration.

Styx, Journey, Toto and Night Ranger are shadows of their former selves, doing enough to make a living in the current music business, but out of touch of what the music business fans want from their artists today. Which is a direct line, a connection.

THRASH/GROOVE METAL

Machine Head is the leader in this group. In Robb Flynn, they have a work horse of epic proportions who has the grit to see things through.

Trivium are real contenders. Say what you will about them, one thing is clear; they are not afraid to try new shit out and take risks.

METAL (all styles)

Avenged Sevenfold and Five Finger Death Punch lead this group. They are ticking all the boxes. They have the sales on the board and both are part of the public conversation.

Bullet For My Valentine – have a great album in them. Can they write it?

Stone Sour – should have released one album instead of two.

Sevendust – I love them and the new album was a welcomed return to form.

Disturbed – The Device album had the same impact as the last Disturbed album. Do they still have a place in the Metal world?

Heartist – could be the next big thing or they could crash and burn with their next album as now they have a record label A&R department in their house.

ROCK (all styles)

Shinedown are the new ROCK GODS. Volbeat are not that far behind with Black Veil Brides and Skillet as decent contenders.

Eve To Adam – released a great rock album but no one has heard it.

Buckcherry – veterans of the scene and play to a niche.

Thirty Seconds To Mars – took too long to release a good album. If you are going to take 4 years between releases, you need to release a great album.

Airbourne – fill the AC/DC void when AC/DC is on hiatus.

Alter Bridge – are an experienced team that deliver consistently.

One Less Reason – great music, great songs however if people buy a physical product from them, they need to deliver.

10 Years – a great fan funded release in 2012. Now they need to make some hard decisions. Do they go the fan funded route again or do they seek to get a deal or something entirely different.

DO IT YOURSELF ROCK

Digital Summer – they run their band as a company that puts money back into the band and they still hold down jobs that gives them money for living.

Burnside – released a great album that no one has heard.

Vaudeville – another band that released a great album.

SUPER GROUP

The Night Flight Orchestra – If you haven’t heard “Internal Affairs” from 2012 you need to. TNFO is made up of melodic death metal bands playing classic rock and metal.

PROGRESSIVE METAL/ROCK

Tool – it’s going to be an event when the new Tool album comes out. Is it too late? Time will tell.

Coheed and Cambria – can’t do nothing wrong currently. Excellent double releases, plus great fan perks.

Dream Theater – are doing their best to maintain the success they achieved 10 years ago. Need a great album otherwise it’s bye bye.

TesseracT, Protest The Hero and Periphery are the new leaders of Progressive Music.

Today I Caught The Plague, Sound of Contact, Op Shop, Scale The Summit and Lizzard are rookies to take notice off.

METALCORE (MELODIC DEATH METAL)

Killswitch Engage are firing on all guns.

In Flames need to bring out new music.

All That Remains needs to head back to the studio.

The rest of the bands in this movement need a re-think.

SYMPHONIC METAL/ROCK

Within Temptation – enough said

DEATH METAL

Lamb of God – they are angry and they are pissed off. A bullshit murder trial and banned in a South East Asian country by ignorant pricks.

SHOCK

One final mention; “Du, Du Hast, Du Hast mish a fraud.” Rammstein has a dicka, so let’s get together, what is the problem?

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A to Z of Making It, Copyright, Derivative Works, My Stories

Talking About Riffs – Progress Is Derivative (The Non-Metal Version)

Okay so what do we know.

We know that Robin Thicke released a song called “Blurred Lines” that ended up going nuclear all over the world. That means a lot of dough to share around.

We know that the family of Marvin Gaye have lawyered up with King and Ballow to sue Robin Thicke and song publisher EMI April/Sony/ATV for copyright infringement.

They claim that Robin Thicke committed copyright infringement on Gaye’s “After the Dance” to create his song “Love After War.”

They also claim that Thicke’s “Make U Love Me” shares a similar bridge and identical lyrics to Marvin Gaye’s “I Want You.”

They also claim that “Blurred Lines” was stolen from Gaye’s “Got to Give It Up”. To muddle the waters even more, allegations also abound that “Blurred Lines” was also derived from Funkadelic’s “Sexy Ways.”

It is pretty obvious that the family of Marvin Gaye don’t care about derivative progress. All they care about is money. This is not about protecting Marvin Gaye and his legacy. A legacy is protected by people and fans of music. By simply having the conversation that “Blurred Lines” sounds similar is proof that Marvin Gaye’s legacy is protected.

Listening to “Blurred Lines” and reading the reviews of the song, you know it got me interested to check out Marvin Gaye and that is what matters in today’s times. Are people listening to the music?

Of course this lawsuit isn’t just about copyright infringement. There is an argument put forward against EMI, about how they strong armed the Gaye family, about how they planted false stories in the media, about conflicts of interest (due to EMI controlling both copyrights), about professional misconduct and breaches of contract

Of course the argument put forward by Thicke and EMI is that the genres of the songs are the same however the notes are different and as far as they are concerned no infringement occurred.

Regardless of how people view this argument. One thing is clear.

The family of Marvin Gaye have been ill-advised. Even if they win the lawsuit, they still lose “financially” in the long run.

The only financial winners here are the attorneys.

The Gaye family will lose out in the long run because artists will stop referencing Marvin Gaye. Once people stop referencing Marvin Gaye this will then lead to people not talking about him. He will be absent from the conversation. The only reason why this has all come up, is that people have talked about the similarities. The Gaye family even used those conversations as part of their counterclaim.

So once people stop talking about someone, in time that person/artist will be forgotten.

The shenanigans carried out by the Gaye family is a far cry to what happened to Bobby Parker. For those that don’t know, Bobby Parker was a blues rock guitarist that passed away recently at the age of 76. He wrote a song called “Watch Your Step” in 1961. The song was a hit on both sides of the Atlantic.

The Beatles hit, “I Feel Fine” released in 1964 had that riff. The influence of “Watch Your Step” also extended to “Day Tripper” as well. John Lennon even stated that “I Feel Fine” and “Day Tripper” were songs built on variations of the “Watch Your Step” riff.

Led Zeppelin used the riff in “Moby Dick” released in 1968.

However, in order to show the progress is derivative effect in action, the “Watch Your Step” riff evolved from the Afro-Cuban jazz composition “Manteca.” That is what music is all about. Evolution by derivatives.

However, Bobby Parker reaped few rewards from the song’s success as he sold the copyright to V-Tone records owner Ivan Mogull for next to nothing. In other words, he didn’t know enough about copyright and he got shafted. Sound familiar. Labels shafting artists.

So all you artists that sign record deals remember this. The label owns your copyright. And guess what the labels are pushing for. Long copyright terms. Look at the massive expansion of the “Duration of Copyright Term” between 1910 and 1998. Just at the time that movie studios and record labels started to appear. Just at the time that the RIAA and the MPAA started to appear and become lobby powerhouses.

At the moment, in the US it is sitting over 100 years due to the 1998 Sonny Bono Act. To top it all off, the Copyright monopolies want longer terms. Longer terms means that our culture is all locked up. The whole point of copyright was to serve and benefit the Public while giving creators a short-term monopoly on their creations. There is nothing that is coming off copyright because Corporations own the majority of the copyrights.

Talking about riffs, what about that riff in “I Want A New Drug from Huey Lewis and the News. It was a hit twice. Once for Huey Lewis and the News and another time for Ray Parker Jr., with “Ghostbusters”!

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

One Thing Cannot Be Disputed; Those Artists Who “Steal, Copy, Imitate” Are The Most Successful

So you are one of those artists that has a song or a few songs in the list of 4 million that haven’t been streamed yet on Spotify.

Then you hear a song that sounds very similar to your song.

Do you scream “theft” and lawyer up, preparing for a court case that you don’t have the funds for?
Do you just shrug your shoulders and move on?
Do you send the artist an email and ask him to acknowledge you as a songwriter to their song?
Do you use the fame of the current song to bring attention to your song?

I am sure in 90% of the cases, everyone will do the first part. Everyone will scream theft and then they will start a long and expensive court process. If the publisher controls the copyright, then this will happen 100% of the time.

Since the Copyright industries have grown into Corporate monoliths, it is suddenly uncool for an artist to use previous works as influences for further works. Even the audience of certain bands weigh in on the argument, calling certain bands rip offs and so forth.

However, one thing cannot be disputed, those artists who “steal” are the most successful. Those who “imitate” are the most successful. Those who “copy” are the most successful.

Led Zeppelin built a career on copying blues and folk standards.

Metallica built their career by copying their NWOBM influences and many others.

Oasis built a career on copying from “The Beatles”.

The Beatles built a career on copying from blues and rock standards.

Coldplay has built a career on the “progress is derivative” model.

Bon Jovi has built a career on re-writing their hits. Seriously, if you look at their catalogue, “Living On A Prayer” has been rewritten for every album that came after “Slippery When Wet.” New Jersey had “Born To Be My Baby”. Keep The Faith had the title track. Crush had “It’s My Life”.

In the rock and metal worlds let’s look at the songs burning up the rock charts.

Five Finger Death Punch – “Lift Me Up” has a vocal melody in the verses similar to “The Ultimate Sin” from Ozzy Osbourne. A lot of people call it theft, I call it influence. Imitation is a form of flattery. The song is getting the plays. People are paying attention and that is what artists want.

It is not about sales anymore, it is about listening. Are people listening to your music?

Avenged Sevenfold – the whole “Hail To The King” album copies from other artists who of course copied from other artists for their own music. Again, a lot of people call it theft, I call it influence. Imitation is a form of flattery.

Megadeth paid homage to Black Sabbath’s, “Children of the Grave” in their new song “Kingmaker”.

Alter Bridge also paid homage to Black Sabbath’s “Children Of The Grave” and Ozzy Osbourne’s “Revelation Mother Earth” in the solo section of their song “Fortress”.

Continuing on with Alter Bridge, the song “The Uninvited” has a strong resemblance to Tool’s “Schism”. Do these odes to their influences make them unoriginal? No chance. The “Fortress” album is a great showpiece in technical riffage and great melodies.

Airbourne is making a career referencing AC/DC.

Motley Crue borrowed from Mountain’s “Mississippi Queen” and Stevie Wright’s “Eve” for their song “Sex”.

Black Sabbath copied from their own past to create ’13’. “The End Of The Beginning” is basically the song “Black Sabbath” re-written again in 2012

Call it the Rick Rubin effect. He even convinced Metallica to rewrite their earlier albums for 2008’s “Death Magnetic.”

Dream Theater even borrowed from the Rick Rubin effect. They got some flack on “A Dramatic Turn Of Events”, as the songs followed a similar structure to songs from “Images and Words”. Dream Theater did do a great job at masking it, as the songs do come across as independent “stand on their own” compositions, however the hard core fans will pick up the references to their earlier material.

The next time a person is creating their little masterpiece and it sounds like something that is known before, don’t abandon it. Chances are it will connect with millions.

It is a shame that we have a generation of people that have grown up with a belief that music is created in a vacuum and they decide that legal threats is the best way forward. When Balance Sheets are affected, these industries will do anything to hold on or maintain their profits.

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

The “While My Guitar Gently Weeps” Effect – Another Progress Is Derivative Example

The history of metal and rock music occurred because of some serious copying. My favourite saying has always been that all “progress is derivative.” What I mean by this term, is that all the music we love is an amalgamation of music that has come before. In a lot of the cases, this amalgamation involved some serious copying. To use a common term that is banded about today, the history of music as I know it involved a lot of “stealing.”

Previously, I posted on “The Kashmir Effect” in hard rock and heavy metal music. This was my take on the legacy that the Led Zeppelin song “Kashmir” had on hard rock and heavy metal.

In this post, I am focusing on that descending bass line that I first heard on the George Harrison penned “While My Guitar Gently Weeps.” The way that it descends is that it goes down by a whole tone first and then four semi tones in a chromatic progression. So if the song was in the key of Am, then the progression would be A – G – F# – F – E

Since the Sixties, that descending passage has appeared in countless songs that are all seen as classics in this day and age.

Recently it was “Trial Of Tears” from Dream Theater that triggered this study into the descending bass line.

So where do we begin. The beauty of progress in music never begins in one place. It begins in many places and then there is always a creator or an artist that starts to bring it all together.

In one instance, it all started in the fifties when an unknown folk singer by the name of Anne Bredon wrote a song called “Babe I’m Gonna Leave You.” By 1962, Joan Baez had popularised the song.

In another instance, in 1966, an American band called The Loving Spoonful released a song called “Summer In The City”, that had a verse riff in the key of Cm that descended.

Also in that same year, a British band called The Kinks released “Sunny Afternoon.”

Both songs have a lot of similarities, especially that descending bass line. Back in those days it was common for artists to release similar sounding songs across two continents, or for artists to cover a song that was popular on one continent and unheard of in the other.

In 1967, the mighty Cream released “Tales Of Brave Ulysses” another “progress is derivative” gem that featured a similar bass line to The Lovin’ Spoonful’s “Summer in the City” and a vocal melody inspired by Judy Collins’ version of Leonard Cohen’s “Suzanne.”

Then in 1968 came “While My Guitar Gently Weeps” by The Beatles with a definitive guitar solo from Eric Clapton, who had more or less worked out a similar solo the previous year on the “Tales Of Brave Ulysses” song.

So at this point in time, you have two separate stages of music happening. The US “Babe I’m Gonna Leave You and Summer In The City” stage and The British “While My Guitar Gently Weeps” stage.

In 1969, another British band by the name of Led Zeppelin took these two stages and merged them together in their re-interpretation of “Babe I’m Gonna Leave You”. A perfect example of progress being derivative.

That is how the language of music is learned. We imitate our influences. Some will call it “theft” and others will call it “inspiration.” In the end, there is a saying that goes something like “Talent Imitates, True Genius Steals.”

However, the “While My Guitar Gently Weeps” effect doesn’t end there. An American band called Chicago more or less copied the aggressive part of Led Zeppelin’s version of “Babe I’m Gonna Leave You” for their song “25 or 6 to 4.”

It was just another song that proved successful using the same descending bass line that I will always know as the “While My Guitar Gently Weeps” bass line.

So moving on, in 1971, The Grass Roots released “Temptation Eyes”. Another song that proved successful that was tied up with the descending bass line and the “Summer In The City” groove established years earlier.

Culture is all about emulation. Copyright is about governments intervening and this is when Copyright started to become a force to be reckoned with.

Up until 1971, music culture had 11 years of unbelievable progress by copying what came before and making it better. Look at the quality of music released around a descending bass line.

It didn’t end there. I am sure there are many other examples in between, however to my knowledge the next time the “While My Guitar Gently Weeps” effect was heard occurred in 1975. At this time Styx released “Suite Madame Blue.”

The Eighties had a real pop element to it.

Then in 1993, I purchased an album called “Countdown To Extinction” from Megadeth. The opening track, Skin Of My Teeth had a chorus riff that reminded me of The Beatles classic. Dave Mustaine was well known for taking his influences from the Seventies and converting them to thrash and metal music. He even got a mention for the Kashmir influence in the song “In My Darkest Hour.”

Then in 1995, Oasis released “She’s Electric” and there it was again. The “While My Guitar Gently Weeps” effect was in action again in the Nineties after going largely unnoticed in the Eighties.

Green Day then released “Brain Stew” in 1996 and there it was again, the definitive descending bass line.

The following year, 1997 saw two releases that had the “While My Guitar Gently Weeps” descending bass line. This time is was progressive masters, Dream Theater and their song “Trial Of Tears”. Pop rock band Texas also had a song called “Black Eyed Boy.”

Remember songs are not created in vacuums.

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A to Z of Making It, Music, My Stories

Is Guitar World Still Relevant?

Once upon a time getting on the cover of a magazine was a sign of success or of dreams coming true. For the musical fan, the magazine was the only way that we could get any information from our favourite artists. The heyday for the metal and rock movements was the Eighties. Hundreds of different magazines appeared that covered certain genres and information was plentiful.

I started purchasing Guitar World magazines from January 1986. Any magazine that had content of bands/artists that I liked I devoured. Circus, Faces, Metal Maniacs, Rip, Metal Edge, Hit Parader, Guitar For The Practicing Musician, Hot Metal, Metal Hammer, Kerrang, Guitar School, Guitar One, Total Guitar, Guitar Player and Guitar.

So when I saw my favourite artists or guitarists on the cover of magazines I saw it as a sign of them making it. In all of the interviews, most of the guitarists said it was a dream come true to be on the cover of a Guitar magazine.

So how important is it to an artist to be on the cover of Guitar World today? I still subscribe to this magazine and I had all the issues for the year mapped out in front of me.

This is the cover roll for 2013.
December – Nirvana – In Utero Anniversary
November – John Petrucci
October – Synester Gates / Zacky Vengeance
September – Ultimate Prog Roundtable/Asking Alexandria
August – Jeff Hanneman Tribute
July – Tony Iommi and Ozzy Osbourne
June – Dave Mustaine / Chris Broderick
May – Brad Paisley
April – Orianthi
March – SRV “Texas Flood” Anniversary
February – The Who / Pete Townsend
January – Led Zeppelin Rides Again

Looking at the covers, I started to realise something.

Guitar World likes to play it safe. Sort of like a record label in the current environment. They are going for the sure bets, going where the money is. There is no onus on going out there and taking risks. They are looking for the hits, so that they can sell advertising.

If the “legends” have something happening or an anniversary of an album, it is a good bet that they will get a cover. Led Zeppelin, The Who, Stevie Ray Vaughan, Tony Iommi with Ozzy Osbourne and Nirvana. 5 issues out of 12 devoted to “legends”.

Then you have the tribute piece, which in this case it the Jeff Hanneman issue. Expect one to come out for Lou Reed soon.

Then it is focusing on the stars that have been proven successful previously in the magazine, like John Petrucci, Dave Mustaine and Avenged Sevenfold, who of course wouldn’t even be considered unless they have new releases coming out.

Then it has the obligatory issue with a woman on the cover. I actually liked how they covered Orianthi however the interview was a mish mash of information found on Wikipedia and PR rewrites. There was nothing there that couldn’t be found on the web.

The only issue that involved some ‘originality’ and some risk taking was the Brad Paisley issue however again after reading the interview piece, I was left wondering if the final printed version was re-written by a PR person of the artist.

Robb Flynn’s recent journal about the Through The Ashes of Empires anniversary, mentions the following in relation to mainstream media;
“The American metal media blacklisted us, magazines like Revolver told us, “we can’t cover you, but if you get to 50,000 copies we’ll give you an article.” When we got to 50,000 they said, “Well, when you get to 70,000 we’ll give you an article”. When we got to 70,000 they said, “well, the record is too old now.” The metal media of the time continued that blacklist well into “The Blackening” album cycle, when after that, they just didn’t matter anymore.”

So taking Robb Flynn’s comments and putting them up against the Brad Paisley cover issue, the originality comment I mentioned earlier doesn’t seem to fit. Brad Paisley has four pages of certifications on the RIAA Gold and Platinum database. His sales are well over the 50,000 and 70,000 ranges quoted, hence a cover.

Don’t get me wrong, each issue is still enjoyable and the lessons, plus the tabs are the reason why I still subscribe to it. However, with user posted tabs on the rise in greater numbers on the internet (along with peer reviews and edits), plus YouTube videos of guitarists covering their favourite songs, in addition to the artists themselves delving deep into the “how to play” department, does a magazine like Guitar World still have a relevance in today’s market?

It all depends on what Guitar World wants to achieve. People still like to read a nice interview however over the last decade all the interviews seem like they have been written by a PR team for the artist. Furthermore, artists can go straight to their audience today. The journals that Robb Flynn is producing are pure GOLD. So why would artists wait for the chance to appear in a magazine which could or could not happen.

Guitar World is in the business of selling advertising. It is using music and artists as it’s tool to sell advertising.

So if you are an artist, what does the mainstream press mean to your career?

In my point of view, no artist should equate mainstream press with success. Artists are on the front page for a day, and in most cases they are gone.

Has anyone read anything on Dream Theater’s or Black Sabbath’s new record the last few weeks? Dream Theater and Sabbath made a mistake. Their marketing campaign was better and larger than the music on the album. At the end of the day it’s what goes into our ears that matters. No one cares about the interviews or the press.

The publicity campaign worked once upon a time, however it doesn’t work any longer. If artists want to be around forever they need to understand that they need to grow slowly. If you peak, you should want it to happen deep into your career.

The only press that Megadeth is getting about their new album recently is that the Metallica Black album is outselling it on a weekly basis.

So what have we learned?

A cover on a magazine does nothing for your career. If you want to last in the music business, you need to earn it.

A scorched earth publicity campaign could see an increase in sales NOW. However, fans don’t want to be beaten upon the head every time you release music. In the end, great music will find its way to an audience.

The recording business is about listenability and repeatability. People could say that a track is good or bad. However will they play that track over and over again. That’s the reaction you want. If you plan to record, you need that track.

The goal of an artist is to write great songs otherwise say hello to obscurity. That is what gets people interested. Great music, great songs.

If you are not passionate about what you do you’re never going to make it. You need to be more into it than we are. You need to live for it.

For comparisons here is the list from 2012.

Holiday – Joe Perry (Legend)
December – The Beatles (Legends)
November – Billie Joe Armstrong (Safe Bet + High Sales Numbers)
October – Billy Gibbons (Legend)
September – Steve Vai & Tosin Abasi (Legend and Newcomer)
August – Van Halen (Legend + High Sales Numbers)
July – Slash (Legend + High Sales Numbers)
June – Slipknot (Safe Bet + High Sales Numbers)
May – Joe Walsh (Legend)
April – Van Halen (Legend + High Sales Numbers)
March – Lamb of God (Safe Bet + High Sales Numbers)
February – Pink Floyd (Legend + High Sales Numbers)
January – Billy Gibbons (Legend)

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

Who Do You Think RPWL Are?

Lost in all the noise that is the music business, is a German neo progressive rock band called RPWL. They started of their career as a Pink Floyd cover band.

That is how all bands start off. Playing the songs of our favourites. Eventually, they started to create their own music, heavily influenced by the music they covered. Singer, Yogi Lange has the Gilmour tone to his voice and guitarist Karl Heinz Wallner gets very close to Gilmour’s signature sound.

However, the RPWL story didn’t start in 1997. It goes back to 1992 and a band called Violet District. On their debut and only album, “Terminal Breath”, Pink Floyd influences abound, however the influence of Marillion is more predominant. The nucleus of Violet District are the talents of Karl-Heinz Wallner, Chris Postl and Yogi Lang who of course went on to become members of RPWL. So from the ashes of Violet District, RPWL is born. Like Bon Scott said, it is a long way to the top if you want to prog and roll.

God Has Failed (2000)

This album should have done better in recognition. The world needed some Pink Floyd, and while the original band was on hiatus, RPWL stepped up to fill the void. Remember the catchy cry; progress is derivative. RPWL’s “God Has Failed” is Pink Floyds “A Momentary Lapse Of Reason Pt. 2”. Tempus Fugit the record label said that with the release of the RPWL debut album, it was their first album that made some money in sales and it gave the label the chance to invest the profits in other artists.

This album got the band labelled as Pink Floyd clones, much the same way Kingdom Come was labelled Led Zeppelin clones after their debut. The difference between the two in sales is staggering, as Kingdom Come went on a multi-platinum victory lap and RPWL didn’t.

This is RPWL raw and showing the world their influences. If you don’t like it I don’t care. If you don’t know it, you should.

“Who Do You Think We Are”
Great title to sum up the band, and I believe the song also sums up the musical style of the album. This is The Beatles crossed with Pink Floyd. The Beatles are a big influence that went largely unnoticed when this album came out. George Harrison could have written this track. It is a pop song with a progressive chorus.

Who do you think we are
There’s nothing left
But the shades of our past

When you reach that point in a relationship or a friendship and each side has gone in different directions. Where do we stand at this point in time? How do we fit in each other’s lives right now? When you can’t find the answer, the only thing left is the past.

We both know the sun will rise again
We both thought that it will never end
But somewhere deep inside
Life as got a bitter taste
When not a single friend is here to stay

Isn’t that always the case. When a break up happens, either in a relationship or a friendship, people take sides. There is always one that will be left all alone.

“In Your Dreams”
This follows on with The Beatles meets Pink Floyd theme set in “Who Do You Think We Are”. It’s the seventies merged with the eighties in the Year 2000. Think of the song “Sorrow” from “A Momentary Lapse of Reason”. The song has those moments of recognition, however as the track goes on, it becomes its own track and it evolves into the heaviest bit of the album.

Tell me what do you feel
When you die in your dreams

Who hasn’t woken up from a dream state, with that terrible sinking feeling. You have just dreamt your death, and that sick feeling lingers.

“Farewell”
It should have been the closer on the album. If anything the album is just a tad too long. 45 minutes would be sufficient, however RPWL released 71 minutes worth of music. It looks like they couldn’t part with some of the material. In this song, I am hearing King Crimson influence’s merged with Pink Floyd.

Remember all the time when life
Was only china in our hands

What a way to sum up how fragile life is, by comparing it to valuable china plates. You know, those plates that your parents bring out on special occasions to serve dinner when people are around. Then they are hand washed carefully, and dried in a safe place, so that the gold edge doesn’t get damaged.

When the Master calls
Don’t be afraid to say Farewell

In the end when the maker calls, the negotiations are over. It doesn’t matter how much you argue and try to buy more time, the end is the end. Death is just a transition.

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