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

Rockin In The Free World

I’m a great believer that information should be easily obtainable.

Just recently, I heard “Rockin’ in the Free World” again. The last time that I remember hearing that song was on some MTV awards show. It was the one that had Neil Young and Pearl Jam playing it together. Fast forward almost twenty years later and we have a megalomaniac that no one cares about, using the song for a presidential campaign.

If I associate the song with anything that is happening today, it will be about music and how it is free. Back in the nineties it would have had a different meaning.

But let’s look at the title, “Rockin’ In the Free World’.

What does “free world” actually mean these days?

Back in 1989, the free world to me came down to democracy “being free” and communism being “oppressive and restrictive”.

In 2015, Australia, the U.S and the majority of the democratic, free nations, are spying on its citizens for the perceived “greater good”.

In 2015, democratic nations are trying to pass secret bills that the people who voted them in cannot see or know about, however the Corporations that finance their campaigns are allowed to see the bills and ask for changes.

In 2015, democratic nations are imprisoning whistle-blowers who expose their secrets, labelling them as terrorists and dissenters.

In 2015, our courts of justice are overrun with requests for the courts to approve the handover of personal information to the ones who pay the most.

In 2015, copyright is used to suppress free speech.  If you don’t believe me, a court in France has ruled that a magazine violated copyright law.

What did the magazine do that was so bad?

They had an article that showed people how to access illegal sources of music and movie content online.

Isn’t it funny how on the one hand, the “free world” that we know has become restrictive and oppressive while on the other hand, a lot of the information or content that was once restricted, is now free because of people sharing.

People are sharing because they are infringing on a restrictive law called copyright. And the response by the industries affected is to pay politicians a lot of money to write and pass even more restrictive laws.

Even when technology companies like Spotify and Netflix or the pirate sites themselves show our governments that giving customers what they want is better than restrictive legislation, what do our governments do in response?

They pass legislation that is restrictive and oppressive. Australia has now joined other democratic “free world” countries in introducing site blocking legislation in order to keep media companies happy.

Copyright was designed to protect the creator.

However, as the Recording, Book and Movie Industries started to grow, business people came out from their corporate offices and stuck their claws into Copyright. So what we have today is business people defending the copyright monopoly, while they are robbing artists and their fans dry. These same defenders of the copyright monopoly are laughing all the way to the bank while exploiting the system in a legal way.

Seriously, would an artist need a copyright on their works 70 to 90 years after they have died. Of course not, but the companies that built their business on obtaining copyrights sure have a need.

Artists create not because they can make money off it as individuals, but because of who we are. We have been creative creatures from the start of civilisation.

Meanwhile, while the Australian government bends its backside to the legacy media companies, Netflix keeps on making huge inroads in the Australian market, with over 1 million users since its April launch this year. The reason why this number is staggering is that Netflix’s competitors in Australia have about 300,000 users combined.

Surely this is proof that Australians do pay for movies and TV shows if they are provided in a way that is convenient to them. And we are paying for a Netflix subscription that doesn’t have nowhere near the content that the U.S version has. But we still pay, because it allows us to watch their content, when we want to watch it, over and over again.

Not in a time slot like PayTV. Keep on rocking is what I say.

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

The Great Copyright Hijack

Copyright in its first incarnation via the “Statute of Anne” and the “Copyright Act of 1790” stated that the objective of copyright was to “encourage learning” and this was to be achieved by securing authors the “sole right and liberty of printing, reprinting, publishing and vending” the copies of their “maps, charts, and books” for a term of 14 years, with the right to renew for one additional 14 year term should the copyright holder still be alive.

So think about what the intent of Copyright was. It was to ENCOURAGE LEARNING.

So fast forward 200 plus years and Copyright has a very different meaning. The encourage learning part is gone, replaced by massive expansions of copyright terms.

Copyright law has also given birth to corporations who purchase copyrights from creators.

Copyright law has also given rise to collection societies and licensing societies.

Copyright law has made infringement a criminal offence.

Finally, copyright law has become a money-making scheme that only benefits the large corporations that have a copyright monopoly. It’s become worlds apart from its original intention.

For a lot of people copyright law relates to the fact that they shouldn’t download movies or music without paying for it.

But what people fail to understand is that copyright reaches into everything we do. Copyright now is NOT about encouraging learning, but about locking up learning.

Copryight law is all about censorship. You know the one I am talking about, when a company/person with some wealth, issues a takedown claim to another entity that is not so powerful/wealthy to remove content they don’t like.

I am sure by now everyone has probably heard about the YouTube video of a cat purring being taken down by a Copyright Claim from music publisher EMI and collecting society PRS for Music. This is silly for a whole lot of reasons. First, EMI and PRS for Music use automated take downs, so there is no human involvement. Second, YouTube’s Content ID algorithm is obviously flawed as it thinks that a cat purring links back to a recorded song. Third, the YouTube user has been punished for doing nothing wrong.

REDDIT REJECTS COPYRIGHT CLAIMS – this is when an entity fights back and actually investigates the claims made against it.  As mentioned above, corporations with money use automated take down systems and a lot of the sites that get hit with these take down requests comply without investigating the merits of the claim.

However Reddit doesn’t take the takedown requests as gospel. They actually investigate and determine if the takedown requests have merit. And WordPress, which hosts this blog is by far the best at handing and investigating take down requests.

COPYRIGHT CLAIMS OVERREACH – this is what happens when a powerful entity censors the speech of others. They look silly and they hurt their reputation.

Remember when Nuclear Blast via a Panama-based copyright troll called World Digital Rights went after people (maybe fans/maybe not) of metal band “All Shall Perish” back in 2012. Well the band wasn’t happy about their label going after people who could be “All Shall Perish” fans and guess what happened afterwards.

Vocalist Eddie Hermida departed to join Suicide Silence. Guitarist Ben Orum became a family man. Co-Guitarist Francesco Artusato was involved with another project called “Devil You Know”. Drummer Adam Pierce joined “Emmure” and at this point in time he is listed as Emmure’s drummer on their Facebook page and also listed as the “All Shall Perish” drummer on their Wikipedia page. That just left bassist Mike Tiner as the only member that didn’t have anything on.

The whole Metallica vs Napster focused on Copyright Infringement however what did that really mean. Metallica at the time already had a handsome deal in place where they would lease their shares in the songs copyright to a corporation for a nice upfront payment. Hell, Sammy Hagar paid for his divorce by putting three new songs on a Greatest Hits package and selling the copyrights of those new songs for a nice fee.

So going back to Metallica, who was really hurt when their music was infringed on. It definitely wasn’t Metallica. And if we had the original terms of 14 years, plus 14 years renewal “Kill Em All” and “Ride The Lightning” would now be Copyright free and in the Public Domain.

And that my friends is the great Copyright hijack.

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

Seriously… Ray Luzier

Isn’t it time that the argument stops being about what has been lost to what can be gained when it comes to copyright infringement/piracy.

Seriously I am disappointed from artists in the metal and rock genres that talk shit like this. It started with Lars Ulrich and Napster. It continued with Gene Simmons and Paul Stanley talking crap. Scott Ian got in on the act. Yngwie Malmsteen and Joe Lynn Turner also had their views and now we have Ray Luzier.

Lets play a little game.

Who can name a song that Ray Luzier wrote? Does anyone know who Ray Luzier is?

I am pretty sure that no one can name one song that he has written of the top of their heads. So why is he given time to make uninformed comments.

He ripped on a fan of Army Of Anyone because he turned up with a burnt CD of the “Army Of Anyone” album and asked it to be signed. Any artists that equates a fan listening to their music as a lost sale should not be in the music business at all. So Ray starts to have a go at the fan because he didn’t have ten bucks to spend on a CD. He accused him of stealing it.

Does Ray even know the definition of stealing?

It means to take (the property of another) without right or permission.

Music is not property, however the CD that the music is on is property. So Ray is accusing a fan of stealing his CD. But wait a second, the kid turned up with a blank CD, that had music copied on it from a friend. It wasn’t Ray’s actual CD and the music on the burnt CD had not been stolen, because the “Army Of Anyone” catalogue is available for purchase and for streaming everywhere. It still could be available in brick and mortar shops (depending if they have old copies lying around because I can’t see many people clamouring to order it)

So what is it Ray.

Stealing or Copyright infringement. And I am sure that Ray Luzier was an angel who never ever got a copy of another bands music on a cassette tape. He must have had so much disposable income in the Eighties that he purchased the originals all the time.

But this is his best quote. “Someone’s gotta do something — put a chip in there where you can’t duplicate it. You know what I mean?!”

So at first he is having a bitch at people infringing on the music he is involved with and now he also wants is to punish the real fans that purchase the CD by not allowing them to media shift it to their mp3 player.

I think that Ray should read up a bit on the Sony BMG Rootkit scandal first. Sony tried to be that someone who tried to do something. What they did was that when a music disc was inserted into a computer, it installed software illegally (and in the background without the user knowing) that ended up creating vulnerabilities in the computer operating system which was then exploited by malware.

This attempt of DRM by Sony led to public outcry, government investigations and class-action lawsuits. DVD manufacturers also tried this and guess what happened. A kid in a bedroom created a program to circumvent the DRM on DVD’s.

Does Ray even know that Amazon has an AutoRip feature. So when a person buys a CD from Amazon, they get an AutoRip of it from download. Does Ray even know that all Pledge Music campaigns perks come with a digital copy of the album.

Seriously dude, I have the “KXM” CD because I am a George Lynch fan. I haven’t played it again after giving it around 20 plus spins. I have listened to the “Army Of Anyone” CD. I got a ripped copy as well from a friend who is a die-hard Stone Temple Pilots fan. It became a coffee coaster after the initial listen.

But Ray seems to fail to see that people still buy albums that they like, along with streaming albums that they like.

Five Finger Death Punch at the moment have combined sales of over 800,000 copies in the US of their “Wrong Side Of Heaven/Righteous Side Of Hell” releases. At the rate they are going, each album will be certified Gold in the U.S. All of their previous albums have been certified Gold in the U.S and again, they are still selling so expect them to pass Platinum in the years to come.

Shinedown, Avenged Sevenfold and Volbeat are bands that are also selling albums week in/week out.

All of the above bands have double-digit numbers on Spotify plus sold out shows at the box office.

So I think its time that the misinformed musicians stop ripping on their fans and start connecting with them. We are the ones that sustain you and if you choose to not be in music anymore because someone is downloading your music, then be gone because you are in the game for the wrong reasons.

Another will come and take your place that doesn’t think of money, because money was always a by-product of the music. It never was THE PRODUCT.

ONE FINAL NOTE: A local retailer in Australia called JB HI-FI is having a deal going on that is marketed as 3 for $10. I was in there on Friday to buy a Halo game for my kids and I thought I would spend 5 minutes to go through the various boxes to see if there was anything that I liked.

I found “Megadeth – Ruse In Peace Live” on Blu-Ray, “Megadeth – Countdown To Extinction Deluxe 20th Anniversary Boxed CD” ( I already own the 92 release CD along with the 2004 remastered/remixed edition bonus tracks edition, so this is the third time I have purchased this album) and a band that I have heard of in name only called “The Red Jumpsuit Apparatus” just so I could round out the $10 deal.

Today I went to another JB Hi-Fi store about 30 minutes away and they didn’t have those albums as part of their deal. And I was curious as to why. So I found them in the metal section and I took note of the prices.

MEGADETH – Rust In Peace (BluRay) was selling for $27.99

MEGADETH – Countdown To Extinction (20th Anniversary Edition) was selling for $28.99.

THE RED JUMPSUIT APPARATUS – Lonely Road was selling for $18.99

Now for the math. I picked up all three for $10 at one store, however 30 minutes away in another store if I wanted to pick up those three albums I would have had to pay $75.97.

ONE FINAL NOTE II: Today I picked up a “Rush Greatest Hits CD”, “Killers – Battleborn” and Guns N Roses – “Chinese Democracy.” The Gunners purchase was purely to add to the CD collection so that Gunners discography looks complete.

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

Piracy, Lost Sales and Profits

I am sure that everyone has come across the “Minecraft” game in some form or way. My exposure to this game was when my kids asked me last year if they are allowed to download the free version of the game, which I agreed. After playing it for months and unable to save their progress, they kept on asking me to download the full version, which cost $6.99AU.

I said NO.

They kept on playing the game and as they did new features kept on getting added to the game that made it better. However they still couldn’t save their progress and they kept on asking me to allow them to download the full version.

Eventually after a stellar week of good behaviour I couldn’t say NO to them and they got the full version at the beginning of the year.

For the uninitiated, Minecraft is one of the biggest games in the world right now. It debuted on Mac and Windows PC in May 2009. By February, 2014, it had sold 15 million copies of the PC version. Also in the same month, Mojang (the makers of Minecraft) had sold more than 21 million copies of Minecraft: Pocket Edition on Android and iOS; more than 12 million copies of the Xbox 360 Edition; and more than 1.5 million copies of the PlayStation 3 Edition — making for a sum very close to the 50 million mark. They have over 100 million registered users.

Just imagine if a streaming service had those numbers. However, the argument would still be the same. Artists are not getting paid. We all know why this is so. Talk to your record label.

And they did all of this with piracy being rampant on the game. However, Minecraft’s developer Notch (Markus Persson) has been on record in saying that worrying about piracy was a waste of time, and it was much more important to focus on giving people a reason to buy.

“Piracy is not theft. If you steal a car, the original is lost. If you copy a game, there are simply more of them in the world. If you just make your game and keep adding to it, the people who copyright infringed would buy it the next week.”

Persson adds features to the game based on conversations he has on Twitter with random people and he fixes bugs based on the Minecraft community voting on the priorities. He is engaging with the users and a majority of those users are people who said that they copied the game initially, but then bought a copy for both themselves and a friend. Or they are people who didn’t ever buy a copy, but had friends who learned about it through them who then went on to buy copies.

There is a clear indicator here for any artist.

Make sure that everyone has access to your music.

I remember a time when I went to Utopia Records and I purchased four CD’s. They were “Subhuman Race” from Skid Row, “It’s Five O’Clock Somewhere” from Slash’s Snakepit, “Balance” from Van Halen and “Waiting For The Punchline” from Extreme. I hand over my cash and a sale goes onto their chart record.

The fact that “Subhuman Race” and “Waiting For The Punchline” gathered dust on the shelves, while I played the hell out of “Balance” and “It’s Five O’Clock Somewhere” didn’t even come into the equation. All of those bands got a “SALE” or a “COUNT” from me. The fact that two albums connected with me more than the other didn’t even come into the equation. Probably the reason why SLASH is still such a force to be reckoned with in the music business, while Skid Row and Extreme, not so much.

That is why a lot of the Eighties bands couldn’t understand or get a handle on their decline in popularity. Everything under the sun got blamed, however the real reason was ignored.

WHAT DOES A SALE OF A PIECE OF PLASTIC/VINYL REALLY MEAN?

Everyone saw a sale as a fan number, a unit to add up, however the fact that the real fans listened to the music non stop and due to playing it to death they had to re-purchase the album.

In my music collection, anyone will see that for bands like Motley Crue, Dokken, Megadeth, Van Halen, Ozzy Osbourne, Metallica, Twisted Sister, Bon Jovi, Whitesnake, Stryper, Ratt and many more, that I would have an LP, plus a CD, plus for a select few, remastered releases and remastered releases with bonus tracks. That means that I have re-purchased the bands whole catalogue over 4 times. And I am sure I am not alone in that.

In other words, a sale of an album never reflected what we (the fans of music) did with the albums after we purchased them. The second-hand music market thrived for a reason as music consumers got rid of those albums that gathered dust. However, was this stat shown.

But what about all the tons of money, lawsuits, lobbying, education campaigns, advertising, threats, news reports and the like from the recording industry, all telling people who unauthorized downloading was unquestionably morally wrong and that each download is a lost sale.

The developers of Minecraft (who struck even bigger when they got acquired by Microsoft in 2014) showed that you can compete with free and that you can get people to commit if you focus on the art. Making money was always a byproduct and in the end they made a bunch of it.

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A to Z of Making It, Influenced, Music, My Stories

What does Protest The Hero’s – Volition album teach us about life?

After the success of their debut album “Kezia” back in 2005, Protest The Hero was expected to go into a more commercially viable and poppy influence. So what did the band do? They released “Fortress” in 2008, which was less poppy and more technical. As lead sing Rody Walker put it, “a natural progression into further obscurity.” Basically they wrote what they wanted to write and in the process created something so far removed from a commercial album than expected.

Let’s start with the song “Underbite” as the hilarious puppet clip is doing the rounds on YouTube right now. If you have seen the clip, you will note how the song focuses on artists that fake it. It is focusing on artists that don’t care about the fan experience. They are focusing on artists who see themselves as gods and their fans as stupid kids, who are expected to consume every piece of music they produce regardless if it’s good or not. It is focusing on the merchandise rip off.

In other words don’t rip off your fans. Work with them. Connect with them. Also from an artistic point of view, you need to write what you want to write NOT what you think people will like. Watch the clip and be humoured by their scathing satire of the rockstar mentality.

My favourite song on the album is “Mist.” The song is basically talking about Newfoundland and Rody Walker’s love for it and how once it is all over in music for him it is the place that he wants to settle down in. The lyrics about the “India” showing up back stage before the gig are hilarious and when they hit the stage after pulling a few beeries, it was the like the best show ever. Life throws up all these different paths. Try as many paths as you can, because in the end we are all as deep as the grave, marching to the heartbeat of the land.

“Skies” is what progressive music should be. It is a perfect amalgamation of so many different progressive styles. It’s about uncertainty and the only thing we know is that the “descent is all there truly ever is.”

Then you have the message in “Drumhead Trial.” The drumhead trial is noted for its lack of impartiality. Basically, you are judged by someone who likely hates you. A recent military trial from the US comes to mind.

“Tilting Against Windmills” is basically about the Catholic Church and how it deals with sexuality.

“Without Prejudice” deals with the fixation that people have on wealth. To extend the message to music bands existed once upon a time to create music and for people to hear that music. Then came the corporations and turned music into a monopolistic business. Then bands became fixated with wealth. Fast forward to the now and it’s back to what it was. Bands need to get people to listen again. Hence the reason why Spotify is a big player.

“Yellow Teeth” deals with people judging other people and basically bullying them, either verbally or on line or on blogs.

“Animal Bones” focuses on how Protest The Hero are proud of their past albums like “Kezia” and “Fortress” and while they are proud of those albums, they don’t want to be defined by them forever.

“A Life Embossed” covers new legislation against pitbulls.

Finally the album title. “Volition,” means “the power to make your own choices.” The band made the choice to not lock themselves in for another three album record deal. The band made a choice to use Indiegogo as a fundraiser campaign to record their album. They reached their target instantly. Eight thousand fans made the choice and dedicated their money to make sure another album happened without even hearing a single note of new music.

Then drummer, Moe Carlson, made the choice to leave the band and pursue a different career. Then the band made the choice to get Chris Adler of Lamb of God to track the drums for Volition.

Then the album cover has a message of how the media seems to glorify horrible situations. The media has the power to make choices and it seems they make the choice that involves making profits. The song “Plato’s Tripartite” covers this topic as it looks like it deals with how rape victims are turned into the villains and the monsters that commit the rape aren’t held responsible for their actions.

As an artist you have the power to make your own choices. Make them and live by them. Protest The Hero have. They are a special band. Support them.

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Music, My Stories

Which Band has hidden their Spotify Stream Count?

So I am on Spotify right now and I am curious to see how many streams “Dream Theater” had after 1 week of their album release.  So I bring up the “Dream Theater” Spotify account and I see a Top 10 list.

1 – The Looking Glass
2 – The Enemy Inside
3 – False Awakening Suite
4 – Enigma Machine
5 – The Bigger Picture
6 – Behind The Veil
7 – Illumination Theory
8 – Surrender To Reason
9 – Along For A Ride
10 – On The Backs Of Angels with a 1,120,058 count.

That’s it. The new album streams are not even on the account. I have my suspicions as to why.

Maybe progressive rock fans don’t want to use Spotify so the numbers are too low, and it doesn’t look cool to show them. However back on the 19 Sept 2013, the Dream Theater Spotify Top 10 was made up of the following songs;

1. Wither – 1,838,066 streams
2. A Nightmare To Remember – 1,185,005 streams
3. On The Backs Of Angels – 1,102,232 streams
4. Pull Me Under – 1,060,769 streams
5. The Count Of Tuscany – 909,535 streams
6. Build Me Up, Break Me Down – 713,216 streams
7. Lost Not Forgotten – 518,814 streams
8. This Is The Life – 515,134 streams
9. Bridges In The Sky – 406,309 streams
10. Breaking All Illusion – 404,721 streams

Despite all the marketing, the album just hasn’t penetrated deeply.

Anyway, it is a far cry compared to Avenged Sevenfold’s Spotify streams after the album was out. Back on September 12, 2013, Avenged Sevenfold had the following numbers from the new album songs;

1. Hail TO The King – 1,884,995 with YouTube views of 3,904,022
2. Shepherd Of Fire – 495,889
3. This Means War – 394,868
4. Doin Time – 372,238
5. Requiem – 333,633
6. Crimson Day – 310,412
7. Coming Home – 288,366
8. Heretic – 277,498

Dream Theater had first week US sales of 33,950 units sold and a top 10 album on the Billboard charts. It gets some ink in the papers and of course every website, is reporting on it. However what does it all mean? If bands are focusing on the album sales, they are missing the point?

As a history lesson, here are the stats from 2009 and 2011.

Dream Theater – Black Clouds And Silver Linings had the following 7 week run;

Week 1 – ending 7 July 2009 – 40,300 units sold
Week 2 – ending 15 July 2009 – 5,800 units sold
Week 3 – ending 21 July 2009 – 4,600 units sold
Week 4 – ending 29 July 2009 – 3,500 units sold
Week 5 – ending 5 Aug 2009 – 3,100 units sold
Week 6 – ending 12 Aug 2009 – 2,500 units sold
Week 7 – ending 19 Aug 2009 – 2,200 units sold

Dream Theater – A Dramatic Turn Of Events had the following 5 week run;

Week 1 – ending 21 Sept 2011 – 35,750 units sold
Week 2 – ending 28 Sept 2011 – 8,030 units sold
Week 3 – ending 05 Oct 2011 – 4,430 units sold
Week 4 – ending 12 Oct 2011 – 3,120 units sold
Week 5 – ending 19 Oct 2011 – 2,600 units sold

In the end, “A Dramatic Turn Of Events” sold in total 95,000 units.

 

 

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