Tag Archives: monopoly

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

The Copyright Empire

I have a Google Alert set up for Copyright and everyday there are ten or more stories on Copyright issues, ranging from Ed Sheeran settling with artists over a copyright suit to a song of his which has become super popular, to Led Zep asking a judge to throw away the Stairway appeal, to local restaurants playing music and asked to pay for a Copyright licence, to parents breaking the Copyright law when they film their kids dance to music, to ISPs being asked to block websites, to Google being told to remove search links to certain sites, to people being charged with piracy and to whatever else the Copyright Industry wants.

If the above doesn’t tell you who copyright benefits, then reread it again.

You see when Governments get involved and pass laws around copyright, there will always be an entity or corporation that contributes no music to the public that will benefit from this monopoly.

The new emperor in town is the Music Modernization Act (MMA). If it will deliver more streaming revenue to music publishers and songwriters as stated, remains to be seen, however for it to happen their has to be a price contraction somewhere else in the recording business market or a price increase passed on to the customer.

As the Billboard article states;

Apple Music has already negotiated to pay a smaller share of its revenue to labels in order to offset undetermined increases to publishers, targeting a rate of 55 percent to labels.

So in this case, Apple will pay less to the labels and more to the publishers.

As the article further states;

Publishers, which have been getting 12 percent of Apple Music’s revenue, could therefore see their slice of Apple’s streaming revenue grow to 15 percent.

But …..

Those three big publishers are owned by the three largest record labels. So for those publishers to get more in their profit and loss means their owners will get less. It’s all the fucking same, isn’t it. The money is still within the creative accounting teams.

So how much more will songwriters really get?

It’s still a great mystery.

And these amounts the publishers get could be greater in the future because hey, judges are allowed to decide the rate regardless of the economic market. So lobby hard and get the rates you need.

Remember folks, Spotify is yet to make a profit and somehow they have higher rates to contend with. So Spotify has two options, keep their monthly prices the same and negotiate with the labels for a reduction in their rate (like Apple) or increase their monthly prices to cover these extra costs but risk losing customers.

But art is a relationship between artist and fan. And somehow these two parties cease to exist when corporations control the copyright monopoly. If the artist has no fans, there is no money to be made.

Another thing the Billboard article states is;

The MMA also mandates that unmatched royalties be divvied up after three years to publishers according to their market share, which could produce close to $100 million in new annual revenue.

Are you fucking serious?

This is revenue earned by the corporate copyright holder because they cannot find the original writers due to death, bad book keeping on behalf of the label and publisher and what not.

So instead of these songs being in the public domain as they should be, corporations are forming new income streams. All in the name of Copyright. All in the name of intellectual property.

What a fucking joke.

If you want to read about why we should stop using the term “intellectual property” around Copyright, then give this story from Aeon a read.

Because the recording and movie industries have tricked everyone into believing that artistic expression of an idea is like real property.

Remember how these industries linked downloading a song or a movie to stealing a car. It never was the same thing, but people fell for it. Even artists fell for the “stealing” part.

The article further states about how the limited copyright terms have sort of become forever terms;

Copyrights, intended to be temporally limited, have grown nearly without limit. Congress drastically increased copyright terms in 1976, and again in 1998. The latter piece of legislation was the infamous Sonny Bono Copyright Term Extension Act, passed thanks in no small measure to the Disney Corporation lobbying to retain exclusive hold over its ‘property’, Mickey Mouse, and not to allow it to pass into the public domain. Elsewhere, users of ‘intellectual property’ suggest that protections be passed on to a so-called heir: so that the notion of inheritance has been carried over from real estate and now, ‘copyright trusts’ battle for the intellectual property rights of the long-dead original holder, placing onerous restrictions on those who would seek to make derivative works based on material that should long ago have passed into the public domain. But if that rights-holder is not present, then the original motivation for that legal protection – the encouragement of the further production of artistic works by the artist – is clearly not met.

Damn right.

If the artist is not around then their creations should be in the public domain like the way it was up until 1976.

Basically there should be no Copyright transfer to the heirs as Copyright was created to encourage an artist to produce more works for a limited time monopoly. Not for heirs to sue other artists and use it as a pension fund.

I guess their building, empire, empire.

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Copyright, Derivative Works, Influenced, Music, My Stories, Piracy, Stupidity, Treating Fans Like Shit

Living Under The Laws That Corporations Wrote And A Bit Of Metallica For Old Times Sake

“Alice In Wonderland” turned 150 years old recently and it is still in the public imagination.

Hell, it has been in the public domain since 1907 (42 years from when it was originally published) and that still hasn’t stopped the story from making money. By having the work in the public domain it has allowed other people to create derivative versions of the story and the characters. “Alice In Wonderland” is a perfect example of how adaptions of the original story has ensured that the story gets passed on to multiple generations.

So next time you hear of someone calling for longer copyright terms, tell them about “Alice In Wonderland”.  The incentive of a 42 year copyright monopoly was a sufficient motivator for Lewis Carroll (real name Charles Lutwidge Dodgson) to create more works.

Alice In Wonderland Article

Carroll didn’t need a copyright to last 70 to 90 years after his death as an incentive to write stories. Sort of like the heirs of Marvin Gaye. Seriously, what the hell have they contributed to the arts. Copyright was never about being a lifetime pension that carries over to the children or the next of kin. The rule is simply, if the artist passes away, their music falls into the public domain.

As much as I love Hendrix, I don’t agree with his relatives holding a copyright monopoly on his works.

However a lot of people (with a large corporation or corporations attached) stand to profit from long-term copyrights.

Anyone heard of Wu-Tang-Clans single album that has an 88 year copyright caveat. What this means is that the person who paid something like $5 million dollars for has to wait 88 years to hear it. This is what happens when music is turned into something that is not music. The fans that made the group popular are not able to hear it, because greedy people attached to the group want to profit from it.

For those that do read my posts, you will note that I have mentioned a lot of times that fans of artists are not purchasing music anymore. They are purchasing art packaged as a must have for collectors. I always use Machine Head’s “Killers and Kings” Record Store Day single release with four different covers. Yep, I purchased all four singles and guess what, they are still in the shrink-wrap.

So if you need anymore proof that sales of music is all about collectables then look no further than Metallica’s “No Life Til Leather” cassette release for Record Store Day.

You see, releasing music should never be about the new album only. Music was never designed to be about locking yourself away for a year or for months in a studio while you record your new master opus. Music was never designed to be about spending months and months on promotion and marketing. Music was never designed to give rise to large copyright monopolistic corporations. However that is where music has come to.

Because it is these large copyright monopolies that have lobbied hard for internet service providers (ISP’s) around the world to store and then hand out the personal information of their users to these greedy corporations.

All in the name of copyright infringement.

What the large copyright groups have done, via their cashed up lobby groups is bypass legal process. If an internet user has been falsely accused, well, too bad. The burden (and a costly one at that) to prove that you are innocent is on the user, as the way the anti-piracy laws are written, there are basically no consequences for a copyright monopoly business from making false accusations.

I guess this is what it means to live under the laws written by corporations.

 

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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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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, Alternate Reality, Music, My Stories, Piracy

Dreams of Machine Head’s new album, Great Fear Metaphor and the views of Mr Sixx

Machine Head’s trajectory in the 2000’s is comparable to Metallica’s trajectory in the Eighties. Yep, I know that Machine Head began in the Nineties and that their first album came out in 1994. However, after “Supercharger” in 2001, Machine Head pressed the reset switch on their career and due to certain circumstances, they started writing songs that they were producing as well.

In 2003, Machine Head released “Through The Ashes Of Empires”. To me this is comparable to “Ride The Lightning” from Metallica released in 1984.

In 2007, Machine Head released “The Blackening”. To me this is comparable to “Master Of Puppets” from Metallica released in 1986.

In 2011, Machine Head released “Unto The Locust.” To me this is comparable to “…And Justice For All” from Metallica released in 1988.

It looks like the new Machine Head album will have a street date sometime in 2014. The question is, will the new Machine Head album be comparable to the spectacular Black album from Metallica released in 1991.

Robb Flynn has put out some thoughts around the consumption of music and the way it is released and marketed. He was asking fans, what do they want Machine Head in respect to the new album. I agree with his mindset and his view point. So the question is, how will Machine Head release their new music?

Will they focus on just the existing CD format and packaging that the record labels have done since day dot?

Will they focus on the idea, that if you purchase the CD, you also get a digital rip of the album at the same time? (Amazon does this for participating bands and Coheed and Cambria did this for The Afterman releases).

Will they have a super deluxe packaging option for their hard core fans?

I actually had a dream that I purchased a super deluxe pack from Machine Head for their new album. In my dream, my subconscious mind gave the album the title of “Great Fear Metaphor”.

The pack included the following items (I still can’t believe I dreamt this stuff);

*A unique T Shirt, with band art on the front and on the back of the T-Shirt, the fans surname with a number like 00001 for the first person to purchase it, 00002 for the next and so forth. Each premium package focused on it being unique  and personalised.  I was allowed to purchase extra multiple T-Shirts in different sizes for a decent price so that I had the same shirts for my wife and my kids.

* Different album art for each Premium box.

* A 30 page booklet, that talks about the songs, their meanings, the musical inspirations behind the riffs with each page littered with tab like musical drawings/excerpts of some of the riffs and their leads.

* The usual CD plus DVD plus access to a digital download area, where I could download the mp3’s of the songs, plus early demo drafts of the songs.

In my opinion, the super deluxe packaging is for the super fan market and if bands are not satisfying this market, they are leaving money on the table.

I remember reading some of the negative comments in relation to Robb’s views on the CD format, and a lot of them said the same thing, like how can Robb Flynn be talking about abandoning the CD format when he is in the business of selling CD’s.  

Umm, no. Machine Head and Robb Flynn are in the music business. First and foremost, they create music. They are not in the business to sell CD’s. That was the role of the record label. In the past, for a fan to hear that music, it needed to be placed onto a format that could be distributed. These formats involved, LP’s, Cassettes and CD’s. This in turn gave control to the Record Labels. The record labels made money by exploiting the work of the artists it signed.  

Read this article about the introduction of certain formats and the resistance to those formats initially.

Two main things stood out to me in the article. The first is when cassettes came out in the seventies. People started to copy music onto these cassettes. So what do the music business do? They scream piracy and demand government action. In 1971, the music business had a Piracy convention in Geneva, to put into force an agreement to stamp out piracy. This is the comment from the article;

“Twenty-three countries have signed the agreement, which is expected to be widely ratified to provide an effective international protection against the pirating menace predicted as formidable enough to disrupt the whole of the world music industry if allowed to continue unchecked.”

Sound familiar to 2013. It looks like the music business didn’t get the hint back in 1971. People want to copy and share their music.

The next thing that stood out is the following comment;

“Unless you find another way of making money besides controlling copying, you will not last in the digital age.”

A person by the name of Ram Samudrala made that comment in Billboard Magazine issue that was dated July 18, 1998. That is 15 years ago. The Record Labels and the RIAA ignored the advice and as such, they failed their artists on their roster.

Fast forward to 2013, and you have the real artists trying to find other ways of making money besides record sales, while the record labels are still ignoring this advice and are trying to get back the control they had over copying and distribution by litigating against ISP’s, sharers, downloaders and trying to get legislation passed to benefit them.

Does it all sound familiar? A failure to innovate leads to a piracy unchecked problem. A failure to service the customer base leads to a piracy unchecked problem.

On the topic of innovation I want to comment on a favourite artists of mine, Nikki Sixx. He posted the below comments recently and I was very surprised at his stance, as I always viewed him as an innovator and someone that was always trying to find other ways to make money besides selling recorded music;

When I was scrounging through record shops as a kid you usually (unless you just shopped for single’s) bought the whole album. I always fell deeper in love with the band because “ALL” their songs spoke to me. Of course some jumped out at you right away while others grew on you but you didn’t skip any songs, you would listen from top to bottom over and over again.

When I started making albums I always believed the WHOLE album was the adventure. Of course there is the lead single for radio but when did THAT become the whole experience?

I talk to more and more people every day who tell me they only buy singles now. iTunes hasn’t helped for that of course. We have asked them many times to bundle our album as one download so fans wouldn’t cherry pick the hits and miss the hidden gems but it’s not part of their business model. I love iTunes and buy music almost daily from it but it still frustrates me. I just wish more people clicked “BUY ALBUM”. Maybe I am old fashioned in how I believe music should be listened to but I refuse to ever buy just a band’s single. I always buy the WHOLE album. I encourage you to do the same. Technology may have changed but the fact that a band makes a WHOLE album for you hasn’t.  Dig deep and I promise you, you will fall deeper in love with the artist than you ever could only listening to one song.

In relation to his first paragraph and the comment “you usually (unless you just shopped for single’s) bought the whole album”.

Yes, that is correct, we usually purchased the whole album because that was the only way we could hear the music. In a lot of independent record shops during the mid to late eighties, you couldn’t even find a single. The only option we had to buy was the album.

Remember the comments from Brad Paisley, it is always about the songs. That is why the fans stick around with the artists. As soon as the quality of the songs disappears, the fan becomes burned on the artist and they turn away. For any artist these days, if you want people to purchase the whole album, you need to create greatness. If you have 8 great songs, put 8 great songs on it. Don’t put 8 great songs and 4 fillers.

I have always purchased the albums from Motley Crue (as well as their box sets Music To Crash Your Car Vol. 1 and 2, Loud as F… and so on), Brides Of Destruction, Sixx A.M., 58, Tommy Lee, Methods of Mayhem and Vince Neil’s solo albums.

I always skip tracks from each Motley Crue album, because they are just not great.

One thing that Motley Crue has been very poor at is releasing super deluxe packaging for their super fans. They are dead set not satisfying this market.

I really like what Nikki Sixx has done with Sixx A.M so far, in the way that they have a book and a body of music with each release. However, as a fan you still needed to buy them separately. There was no super deluxe pack that was unique.  

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

Rock N Roll Lessons from a Clothing Billionaire and a D.I.Y band like Digital Summer

Article on Zara Billionaire

All of our Rock N Roll heroes should read the above article. For those that don’t want to click on the link I will sum up the lessons that all rock n roll and heavy metal super stars or wannabe superstars can take from it.

First the backstory, Rosalia Mera is the co-founder of fashion giant Zara. At the time of her death at 69, she was estimated to be worth around US$6.1 billion thanks to her stake in the Zara chain. 

Focus On The Core

The article has the heading “Embrace what you know best.” Back in the 1960s, Mera and her former husband, Armancio Ortega, started a small clothing business producing lingerie and dressing gowns from their home. Mera focused on her core skill of being a seamstress.

Bands start getting traction by focusing on an audience that is similar to their core influences. This becomes the bands core audience. These are the people that will spread the word every chance they get. This is what bands should focus on. Songs that cross genres are songs that exceed the hopes and desires of the hard core audience.

Finding A Niche

By focusing on the core skill to create music which is a sum of their influences, in time this will lead to a niche. For the Zara founders, this didn’t happen overnight. It took about 15 years before it exploded.

The L.A Glam Scene was a sum of its influences. On one hand you had the American Classic Rock influences of Kiss, Journey, Styx, Aerosmith, REO Speedwagon, Boston, Alice Cooper and The New York Dolls. On the other hand you had the British influence in the form of Led Zeppelin, Deep Purple, Black Sabbath, Sweet, Mott The Hoople, David Bowie, Rolling Stones and Judas Priest. These two worlds collide, with the addition of The Sex Pistols punk attitude and the LA Glam Scene is born.

You need to be prepared to live in your niche until you get lucky. Lucky comes to those who keep at it. The more art you create the  more opportunity to succeed. It’s always something that you didn’t want to do that ends up breaking through. Nothing is a waste of time.

Everyone says Metallica’s breakthrough happened with the Black album. I say it happened with Metallica creating a video clip for the song One. Suddenly, you had them on MTV. This was something they didn’t want to participate in originally.

The reason why music exploded in the Seventies and the early Eighties is that record companies didn’t ask the band for a hit single. The bands got the money and the Record Labels hoped that the band delivered. That is why the gatekeeper model was born. The Record Labels needed to select people that they believed in. One thing is clear, the Record Labels steered clear of the creative process.

Get the name right

Zara was going to be called Zorba originally. Can you imagine that, a fashion label with a very masculine name. Can you imagine Queensryche as The Mob or Def Leppard spelt as Deaf Leopard?

What about Van Halen as Mammoth or Night Ranger as Stereo or just Ranger?

What about Bon Jovi as Johnny Electric or Aerosmith as The Hookers or Spike Jones or Led Zeppelin as The New Yardbirds or Lead Balloon?

If Dream Theater came out with the name Majesty on their first release, I would have been dismissive, as that name alone puts a preconceived notion of a Lord Of The Rings style band in the style of Blind Guardian or a Rainbow and Dragons band like Dio and to me, you can’t top Blind Guardian or Dio. However Dream Theater is perfect.

What about The Facebook vs. Facebook?

Getting the name right is crucial. Do your research? Get the spelling correct. Get it unique.

Lars Ulrich took the Metallica name from a friend of his who wanted to start up a metal fanzine. His friend provided Ulrich a list of names he was considering. Metallica is a combination of the words Metal and Britannica. The name stuck out so Ulrich recommended Metal Maniacs as the name of the fanzine and kept Metallica for himself. Motley Crue was going to be spelt to Motley Crew originally and then Motley Cru.

You need to be willing to adapt if the name is already taken. I am sure there are many of other bands out there that have had different names.

Art can last forever, so you need to have the name to last with it. To put it into prospective, does anybody remember who was the richest person in the Seventies. Of course not. Everybody with money has been forgotten after they die. However, ask anyone on the street if they remember John Lennon, The Beatles, Jimi Hendrix, Marc Bolan, The Who, Keith Moon, The Eagles and so on.

Does anyone remember Al Coury? He was a record executive back in the seventies. He recently passed away, almost unknown by the masses. If I ask the question if anyone remembers the soundtrack to “Saturday Night Fever” I am sure everyone will be saying YES. He was the person behind it, the mastermind. Those songs are forever, the artists are forever, however Al Coury is unknown.

In the current era, it will be the tech heads that will be remembered. They are the new artists like Steve Jobs with the iPod, iPhone, iMac and iPad.

Mixing friendship and business can be trouble.

The actual title was mixing love and business can be fraught. In the Zara example, Mera and Ortega created an empire, and had two kids during it. However by 1986, they separated. One stayed on in charge while the other became a board member.

In a band context, transpose the love part for friendships. All bands are a bunch of friends jamming with each other in the beginning. Then they start to get traction. Then they start to make money. Then they get outside influences. Then the arguments start. One person does more than the other, so why should the other person get the same amount of money and so forth. One person is the main songwriter however the other people in the band want to be credited as well.

Then there is still the mindset of the Seventies and Eighties were successful musicians are portrayed as rich, however that is so far from the truth. The musicians were in debt to their label, so they had to work and create to pay it all off, which meant getting even more into debt. So that leads to the current situation were musicians are not satisfied with their incomes. Everyone is always comparing themselves to others that are earning more.

Don’t Give Up Your Rights

Copyright was designed to protect the artist. However, as soon as the Recording Industry started to grow, business people came out from their corporate offices and stuck their claws into Copyright and now you have these same 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.

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. 

Be A Voice

The article had the title of “Use your power for good.” The Zara founder was a voice for topics close to her heart. In this case, it was questioning Government policies and trying to raise awareness on the loss of education services. Of course, the more money you have, the better the platform from which you can speak from. However, even a small artist can make a difference.

Piracy is a term that is screamed out by the rich corporations. However where is the voice of the artist on this subject.

The Live Business is overpriced and it needs a reset, however artists are blaming everyone else except themselves. The problem is, no wants to upset anyone.

The frequently heard notion that you don’t create culture if you’re not paid for it comes from those who exploit artists, and never from artists themselves. Artists need to speak up.

Enjoy what you have

Enjoy your life. Socialise, be seen. Life is too short, so enjoy your family. It’s not about the number of digits in the bank account.

Digital Summer to me is a band that enjoys what they have. They are professional musicians who also manage to maintain additional professional careers. Digital Summer is building a career without the support of a record label. When they began back in 2006 (before the explosion of social media), it was all about burning CD’s, passing them out and getting their name out. So when social media became the new marketing platform, the band took the same grassroots self-promotion into the digital realm. They know have established their name and they are still working hard to keep that name afloat.

http://hardrockdaddy.wordpress.com/2013/07/30/independent-artist-spotlight-digital-summer/

Read the above interview, it is essential reading for any DIY artist.

I really like the part when the band is talking about being on the road with signed bands. It was an eye opener to see bands with number 1 singles struggling financially. It squashed any perception they had of the rock star lifestyles and it made them realise that they can do all of that and still have the freedom and full control of the band.

The other part of interest is that the band is 100% fan funded. The professional careers the members have outside the band fund their home lives and the band career funds the band. Their latest album Breaking Point was funded via Kickstarter. They had a project goal of $25,000 and by the time the campaign was over, they had raised over $51,000. I have all of their albums, so you can say that I am a fan. The band is basically a machine running itself. Whatever money the band makes goes back into the band.

Another interesting part is the balance between their professional careers and touring. As the band answers, “it’s tough, but we make it work”. That is how it always has been for a musician. It’s a tough gig, how hard do you want to work at it.

One thing that I took out of the interview is the honesty of the band. This alone speaks of the integrity.

They formed a company called Victim Entertainment, that they use to publish anything that is Digital Summer. They have a business model that sets out what the individual roles are of each member. They even had feelers from other signed bands and Grammy winning artists asking if they could sign with Victim Entertainment. They answered NO, because it will take away from Digital Summer. Remember point one in this post, Focus on the CORE. I am sure other artists would have said YES, as the prospect of riches could be too much to ignore.

They have a substantial social media following. They even mentioned that the word of mouth from fans alone has brought them tons of new fans. Their social media presence brings in an income which they use to advertise and promote the band. That’s right kiddies, they are not spending their money on drugs, football team franchises or million dollar penthouses. They are spending it on the band.

Their focus was always the live show. That is why they have been on big tours. The final part of the interview is about what advice would Digital Summer give to other hard rock artists who want to remain independent. This is their answer;

Be ready to work your ass off!  The more you put in, the more you will get out. Never settle for promoting your shows on Facebook or text messages only. A lot of people don’t check that shit anyway (especially with Facebook constantly changing). Spend a little bit of cash, get some decent flyers printed, record a decent quality demo, and get your ass out there on the street and physically hand stuff out! You meet a lot of cool and interesting people doing this too.  Just remember, not everyone is going to like it, and some may put it down, but at least you’re getting your name out there one step at a time.

Know The Truth

Don’t get caught up in the saga of how artists will be paid. You are an artist so keep on creating. We live in a market economy. Everybody is responsible for finding a way to make money by providing value that somebody else wants to pay for.

Once artists start making some money from their art they will eventually become entrepreneurs. That means that you have to offer something which somebody else wants to buy. Writing a song and releasing it, doesn’t mean that people have to buy it to hear it.

Know the truth that business is business, and there is nothing that entitles an entrepreneur to sales. You need to work hard at it.

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