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

It’s Always Been About The Songs

“The biggest thing that surprised me about fame was that it was fleeting. You work so hard to get there and you just assume that it’s some sort of finish line, or you take a victory lap and maybe spike the ball, run around the field screaming ‘Goal,” I don’t know.”
Dee Snider 

It is pretty well-known how long and hard Twisted Sister worked at getting their sound and image out to the masses. It is also pretty well-known how short their fame was in the Eighties and how quickly they faded from the conversation.

You see, the biggest untold story in music is that when an artist hits a high with one album/song, it doesn’t mean that the next album/song will also hit that same high.

“Stay Hungry” sold over 2 million copies when “Come Out And Play” was released in 1985. At that point in time, “Under The Blade” was still selling, “You Can’t Stop Rock ‘N’ Roll” was still selling and so was “Stay Hungry”. Because when an album crosses over into the mainstream, the back catalogue of the artists suddenly become popular.

Then a new album drops and suddenly the sales are not as high as the previous album. It doesn’t mean the band is not famous or popular anymore, it just meant that a re-adjustment was going on with the fans.

A lot of fans were still digesting the back catalogue and a lot of fans moved on to the next flavour of the year.

So instead of Twisted Sister’s management team booking a normal theatre and shed tour, they booked an arena tour for “Come Out And Play”. And when the arena shows failed to sell out, the tour got canned which cost the band money. The merchandise agreement for the tour became null and void which cost the band money.

“The reality is that rock and roll, in the mainstream, it’s in a difficult place right now. People don’t buy music, and they certainly don’t buy rock bands’ music in the way that they used to. And so, for our genre, it’s kind of… We’re limping along when it comes to public appeal. I believe that rock and roll is alive and well. I just think that people need to show their support and let the genre keep thriving.”
Andy Biersack – Black Veil Brides

People never wanted to buy music. I know I never did. I wanted to listen to music. However, corporations got involved with music, and a big business was born from it. Guess how many records Kiss sold from their first album, before they started to record their second album.

If you answered 70,000 units, then you are correct. If you don’t believe me, read Paul Stanley’s “Face The Music”. Metallica’s “Kill Em All” didn’t set any sales records when it came out either. Nine months after the album’s release, Metallica went back into the studio to record “Ride The Lightning”.

But today, bands want instant success. They want their first album to sell like Metallica’s “Black” album or Bon Jovi’s “Slippery When Wet”.

“Metal was really strong in the 80s and kind of had hard times in the 90s. I think we treaded water and kept alive and kept focused on being Testament, and writing songs that we wrote without thinking or trying to change and play with what’s current at the time. It really hurt a lot of bands trying to do that. Fortunately, we didn’t do that. We went opposite. We went a little darker and heavier at that time. Then the metal got healthy again, and coming out the other end, we were in the right spot with the direction we were going, and the history we had, it just carried through. Metal has been real strong since the early 2000s. It’s been gradually picking up. I see the generation changing with a lot more younger fans coming to shows now over the last ten years.”
CHUCK BILLY – Testament

The crux of longevity is the replenishing of your fan base, year after year. And you do that by being in the game. Each album release will do some of the following;

  • Pick up new fans and keep all of the old fans
  • Pick up new fans and lose some of the old fans
  • Pick up new fans and lose all of the old fans
  • Keep all of the old fans
  • Lose some of the old fans

It’s just the way it is. You see for me, I lost interest in Testament after Alex Skolnick left. My cousin Mega, still purchased their albums, I heard them and forgot them. It was just part of getting older. Musical tastes changed for a while. That is why in 2015, my music collection has everything from folk, blues, classic rock, metal, hard rock, glam rock, thrash metal, death metal, metalcore, progressive rock, etc…

So in 2015, the album is just not as important as it was once was. With streaming it is all about the songs. For all the artists that complain about sales, the truth is if you’re popular, people want to listen to your music and they want more of it, if it is good. My kids don’t even care if the songs all came from the same album.

Today, the artists get paid every time we listen.

Elektra sold Metallica’s self-titled album and the band only got paid once for the sale. Today, Metallica is cleaning up, as fans are streaming their tracks over and over again. They are getting paid continuously. And right now payments are low, but they will grow as more people subscribe. And if we are listening to our favourites music, they will get paid forever.

So it all comes down to listens and good songs have a long listening life, a long time to make money.

And it’s always been about good songs.

Metallica did not break big until “Enter Sandman” crossed over. Twisted Sister did not break big until “We’re Not Gonna Take It” crossed over.

We all want more if the artists are great and the hard truth is that very few are.

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

Guess What: Not A Lot Has Changed

“In 1981, there was a crackdown after the big payola scandal of the late 70s. Right at the beginning of the 80s, the record companies were being safe. They were not handing out advances. They would advance your recording budget, but that was it.”
Brian Forsythe – Kix

So what has changed in 2015.

The record labels are still being safe and with recording costs so low, the recording budget is even lower.

Yeah, of course, we all know that the record labels had a massive boom that started with “Thriller” in 1984 and that allowed them to take more risks. And for some reason it looks like musicians and the labels are only looking at the boom when they compare now vs then. Typical revisionist history.

“None of us knew what we were doing. We were just so excited to have a record deal. There are writer’s royalties, and the mechanical royalties that go to the band. The record company gets paid back through the mechanical until the bill (advancement) is paid off. Donnie was the main songwriter, so he was still getting his (writers) money. By the time we got to “Blow My Fuse” – our biggest selling record – we were two million dollars in debt.” 
Brian Forsythe – Kix

Even in the era of information, with everything is at our fingertips, artists are still unaware of their entitlements. And when they do find out, it is the crux of every argument. Especially between band members because every band has a person that just writes better songs than the others at certain points of time, or in some cases always. Kix’s bass player Donnie Purdell, was another Nikki Sixx. He was crucial to Kix.

It should act as no surprise to anyone that bands in the Seventies, Eighties or Nineties, ended up with such large debts to the label. That is the label creative accounting machine at its best. And the shameful part of it all is that current musicians still look at the past to gauge what success means in 2015.

“Go pull up the sales for 1985, 1986 for heavy metal bands. I guarantee you it’s ten times what it is now. That doesn’t mean there’s ten times less fans — in fact, I think there’s more heavy metal fans now than possibly there ever was. But the bottom line is the numbers show that metal bands are not selling what they did back in the day, and that’s because of Internet piracy. I don’t wanna get on that subject, because it always turns into a depressing, negative subject, but it is a fact. So the answer to the question, ‘Would that record sell more in 1985?’ I would say the answer would be yes.”
Shawn Drover – Act of Defiance

Shawn Drover, wishes it was 1985 and 1986 because for some reason, he believes that he will have more money in his pocket and if his new band “Act Of Defiance” sold a million copies of an album, they would be mega rich and popular. Brian Forsythe from Kix, lived that period and ended up with a $2 million debt, even though they had albums that sold in excess of a million.

And guess what venues they are playing right now?

Clubs and theaters.

Dokken albums achieved Platinum awards and the band today plays clubs and theaters. Stryper and Ratt albums achieved Platinum awards and the bands today play clubs and theaters.

A sale of a record never equaled a fan. It’s the usual comparison between;

  • a person that purchased a record, heard it once and hated it
    vs
  • a person that purchased a record, heard it, loved it and listened to it every day
    vs
  • a person that purchased a record, heard the popular songs and then moved on to whatever else was popular

So why do artists still see sales as important today?

Metal and rock artists still sell. There is no doubt about that. Especially the ones that connect with audiences. But sales is not the only stat that artists should be basing their careers on.

With all of the streaming services out there, the most important stat is how many listens an artist is getting and in which cities they are getting those listens.

The second most important stat is how many illegal P2P downloads an artist is getting and in which cities they are getting these illegal downloads. These listeners/downloaders need to be monetized in different ways.

Otherwise if you are an artist and you are waiting for profits to come in from recorded music sales, then you need to change your business model.

“I’ve never seen a check. Donnie probably still gets writer’s royalty checks. The rest of the money is going back to the record company. Donnie was such a better songwriter. For every 20 songs he would write, I would write one. We were working on his songs all the time and we never even had time to write our own stuff. Back in the early days I may have gotten a couple checks. The biggest one was maybe $350. One time I remember getting one for $1.99. I could count the amount of checks I’ve received on one hand.”
Brian Forsythe – Kix

Remember all of the stories that have come out over the last five years from artists complaining about their low royalty payouts from streaming services. Guess that in 30 years nothing much has really changed. For the small amount of 1% artists that have broken through to mega status, it’s all good.

For the rest, it is still the same story.

“The standard stat given is that 90% of major label deals “fail.” That does not mean they are not profitable for the label. The way RIAA accounting works, the labels can make out like a bandit on many of those record deals, while the artist gets hung out to dry.”
Mike Masnick, Techdirt

Nothing has changed on that front, even with the rise of the internet, Napster, P2P illegal downloading and so forth. The 90% stat was relevant even in the golden years of recorded music sales and it is still relevant now.

“We never expected to get rich, but we certainly didn’t expect to be millions of dollars in debt.”
Jared Leto – Thirty Seconds To Mars

No artist expects to get rich. The need to create is the calling card. However, when they start making money and they see the recording executives living it up while the actual creators are not, then money becomes an important conversation point.

The recording industry has always been known for its creative accounting.

Remember when Tom Petty declared himself bankrupt to get out of a recording contract because he had no money to show after two very successful albums in the seventies.

It all goes against what Gene Simmons said about rock music in general being murdered due to internet piracy. It’s a very narrow-minded and hostile view to have to all of the change that has happened in music. It also mimics, the view that the record labels have held.

A hostile one.

However as Tim Westergren, the Chief Strategy Officer – Pandora (until last year) states;

“I think we’re moving out of an era where the music industry is looking for enemies and into one where it’s now looking for allies.”

The record labels have been dragged kicking and screaming into cassettes, mp3’s and then streaming. Guess what happened. It increased their bottom line on all occassions. Guess that not much has changed in the era of change when it comes to record label abuses.

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A to Z of Making It, Alternate Reality, Music, My Stories, Piracy

The New Music Labels

There are a lot of discussions happening around the film industry.

For example, would the new Star Wars movie be better served as a HBO/AMC/NETFLIX/etc TV Series?

Instead of a two-hour movie for Episode 7, would it serve the Star Wars story line better if it followed the Game Of Thrones formula and produced ten 1 hour episodes.

Two hours vs Ten Hours.

What would the customers want?

In relation to music, Napster pretty much showed the recording industry what customers want. More single songs than a slab of songs.

It’s pretty obvious that CD’s are not making a comeback. Yes, they are still selling, however so is vinyl. Both niche markets for the time being. The majority of the listeners have moved to streaming services, digital downloads, YouTube or P2P downloading. Whatever the method used to consume music, access is the key word.

Do we want to watch a movie in our home theatres or do we want to put up with dirty Cinema’s, people talking and deciding that the movie experience was the perfect time for them to have a Subway Roll, Satay Chicken from the Thai restaurant next door or some other kind of lunch/dinner.

What people want is instant access. But the content providers would rather sell 5 movie tickets ONCE to my family than get a percentage cut from a monthly license fee from a streaming service over and over and over and over again.

The content providers would rather sell my family ONE Blu-Ray/DVD than get a percentage cut from a monthly license fee from a streaming service over and over and over and over again.

I was talking to me kids about a movie called “Who’s Harry Crumb?” a few days ago. It got them excited to watch it. So i pulled up Netflix, searched for it and it is not there.

Bummer.

Did I got out and buy a copy of it?

Of course not. We just moved on to another movie, which in this case was “The Replacements”.

Same deal with music.

The best emails I get are the ones from Spotify when they tell me a certain album from the bands I follow is available for streaming;

In the last week, those emails have covered the following releases;

  • Survival by TesseracT
  • The Book Of Souls by Iron Maiden
  • Got Your Six by Five Finger Death Punch
  • Life, Love, Loss by Degreed
  • Here To Mars by Coheed and Cambria
  • Love, Fear and the Time Machine by Riverside

I remember the old days when we all rushed to the record store or to the cinema so we could purchase the latest music or watch the latest movie just to be part of the conversation. Why would I want those days back again.

Change is happening quicker than ever before.

We went from Napster to iTunes to YouTube to Spotify. We went from MySpace to Facebook to Twitter and back to Facebook. The major labels have withered down to three. The movie studios are doing the same.

Watch out for television to do the same. Funny thing to note, is that the channels leading the way, are channels that originally started off licensing movies from the Hollywood studios. HBO, AMC, Showtime and Netflix found out that original programming is where it’s at. Create a show that connects and watch it become part of the cultural conversation. Amazon is now involved and Apple is due to enter this market.

So what does this have to do with music and artists?

Expect Spotify to lead the way and start signing up artists because even though artists can cut a record without a major label or corporation behind them, they cannot be heard without the help of the label machine. There is a lot of money in music if you control the copyrights of artists you break through. Spotify can break an artist, they just need to start signing them and developing them.

It’s just a shame that the power players in music would rather spend their resources and monies to shut down illegal music websites through the Courts while websites controlled by terrorist like ISIS are allowed to operate. It’s a shame that the power players in music have had to be dragged kicking and screaming into the new digital world post Napster.

Especially when illegal music websites have allowed fans of certain styles of music to access bands they never could before. Metallica and Iron Maiden are two examples of illegal music websites growing their fan bases in countries where they sold no physical product.

So what did these bands do with that high rate of P2P piracy?

They toured those countries.

Being an artist is a business and making money in a business is hard.

The good thing for musicians today, is that all of the craziness that happened since Napster is all over. Musicians now know what the recording industry looks like and how it all hangs together within the music industry. In my view, the current ecosystem would remain stable for the next 50 years or so.

The big change that would happen is when technology companies like Spotify, Apple, Pandora, Google and Samsung get into signing and developing new artists. When these techies become like labels they will be powerful. Because of the data which they will have and control. Will the record labels then start to litigate against these techies.

Once these companies become like labels, expect them to enter the live arena as promoters. Apple and Spotify are both involved in the festivals scene.

Times they are a changing.

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

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

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

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

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

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

So what do artists do?

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

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

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

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

So what about someone just starting off?

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

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

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

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

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

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

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

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

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

So 15 years have passed.

Have artists disappeared? NO

Has the music industry died? NO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Now think about for a second.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So what is all of the above telling us.

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

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

 

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

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

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

In Copyright Corporations Trust

I have a Google Alert set up called “Copyright Music”. Each day, I get five to ten alerts about Copyright stories.

Let’s not kid ourselves about Copyright in 2015. It is a monopoly that is controlled by greedy corporations who contribute nothing of value to the public domain or to the music industry.

A lost Beatles concert film from February 1964 (51 years ago) has been stopped from getting released because Sony and Apple Corps (The Beatles label) took the film makers to court screaming copyright breaches.

The breach is due to the film containing eight songs out of twelve that are still under Copyright.

So who is Copyright benefiting here?

You need to remember that it was due to a lack of copyright on standard blues and folk classics that benefited the British Rock invasion in the Sixties and Seventies. I can tell you that between 1955 and 1975, no song recorded 51 years ago, in other words from 1904 to 1924 was still under copyright. And look at the music we got.

It is due to copyrights expiring that we have a song from the 19th-century by a little known guitarist called Francisco Tartego now known as “The ‘Nokia tune”.

Who knew back in the 19th century that when he wrote the song called “Gran Vals” would end up being one of the most-played songs in music history.

So what we have here is a situation where corporations who hold the copyrights to old songs, fighting tooth and nail to keep these copyrights. And these greedy corporations are changing laws to suit their business models.

Copyright exists to create incentives for artists to make new works. Extending the rights for recordings made in the 1970s and earlier doesn’t encourage new music. At best, it might generate some income for the small number of “oldies” labels and rights holders whose recordings still have commercial value.

There is no greater Copyright sin than the case against Men At Work. The band lost a court case in 2010 because a judge found that a 10 second flute riff in the 1981 song “Down Under” copied parts of a song called “Kookaburra Sits in the Old Gumtree” from 1934.

As the article states;

“Kookaburra is a simple, four-bar tune. Men at Work were found liable for copying two of these bars. The Court found that this copying was sufficient to award Larrikin Music Publishing – the current owners of Kookaburra Sits in the Old Gumtree – 5% of Down Under’s royalties from 2002 onwards.”

The disconnect here is that people/company who didn’t even write the song “Kookaburra Sits In The Old Gumtree” suing the Men At Work writers almost 30 years after the release of their song and 67 years after the “Kookaburra” song was released.

So who is Copyright benefiting here?

Remember copyright is designed to promote creativity. The writer of the song has passed away. On death, all copyright used to cease and the works would fall into the Public Domain. It hasn’t been that way for at least 60 years.

Led Zeppelin who are no strangers to infringement lawsuits have another one on their hands, albeit 43 years later from when “Stairway To Heaven” was released.

Expect Metallica to cop a few lawsuits in the future once the copyrights to some obscure NWOBHM songs end up with Corporations. Just think of the songs “Welcome Home” and “Enter Sandman”. If i was Metallica Inc, I would be the ones purchasing the rights to the NWOBHM songs they copied otherwise a lawsuit will eventuate.

If you need further evidence about how important Copyright is to corporations (instead of artists) look no further than the donations these corporations give to politicians.

Since Copyright became a financial windfall for the Corporations that hold the rights to songs, we have those same corporate entities via their lobby groups donating to political parties in the name of Copyright.

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Music, My Stories

Metal Festivals

Is the metal festival really worth it these days or should bands focus on hitting the road in smaller packages like the good old days.

Machine Head are doing an “An Evening With” tour at the moment. From all reports, it is doing great business. Dream Theater has done these kind of “Evening With” tours for a long time and the fans loved it. Our favourite acts, with no support act.

Then you have other bands going on the road with one or two openers. openers.

So why do the festivals struggle to make profits.

Ozzfest is no more.

The Metallica funded Orion festival is no more. James Hetfield went on record to say that the U.S audiences don’t respect live music anymore. Was the venue all wrong, or the acts chosen.

The Rockstar Energy Drink Mayhem Festival is looking goneski as well.

Mayhem festival co-founder Kevin Lyman blamed the lack of any new “great” bands for the low ticket sales.

The Sunset Strip Music Festival, set up to celebrate the Strips place in music history is over due to poor turnouts and huge losses.

Germany’s Wacken festival also struggles to break even each year.

As the Billboard article states;

“Even though this year’s edition of Wacken Open Air sold out within 12 hours and tickets to the 2016 event are already long gone, Jensen says that the money will be used “to pay last year’s debt,” including salaries to the festival’s paid crew of 2,500. Jensen tells Billboard.com: “We’re surviving. Every year is a challenge and this one will be hard — I don’t think we’ll lose money, but the profit will be eaten. But we have to get the best experience for the fan. If we’re not doing that, we’re not successful. It’s as simple as that.”

In Australia, the Soundwave Music Festival is always in the courts over unpaid bills. In it’s heyday, Soundwave had shows in Brisbane, Sydney, Melbourne, Adelaide and Perth. Now for 2016, the festival will only hit Brisbane, Sydney and Melbourne.

Rock on the Range 2015 took place at Mapfre Stadium Columbus, Ohio May 15-17,with a line-up of Linkin Park, Slipknot, Judas Priest, Godsmack, Breaking Benjamin, Rise Against, Marilyn Manson, Volbeat, Slash, Halestorm, Papa Roach.

The concert was sold out with 120,000 tickets sold and gross sales of $4,293,389.

Carolina Rebellion 2015 took place at Rock City Campgrounds, Charlotte Motor Speedway Concord, N.C. May 2-3 with a line-up of Slipknot, KoRn, Godsmack, Slayer, Sammy Hagar, Breaking Benjamin, Marilyn Manson, Rise Against, Slash, Chevelle, Cheap Trick, Papa Roach, Halestorm.

The concert was sold out with 80,000 tickets sold and gross sales of $3,438,222.

Rocklahoma 2015 took place at Festival Grounds Pryor, Okla. May 22-24 with a line-up of Linkin Park, Godsmack, Slayer, Tesla, Breaking Benjamin, Volbeat, Queensryche, Halestorm, Papa Roach.

The concert sold 60,000 tickets from the 72,000 on offer and gross sales of $2,263,820.

Rockfest 2015 took place at Liberty Memorial Park Kansas City, Mo. May 30 with a line-up of Rob Zombie, Volbeat, Halestorm, Tech N9ne, Papa Roach, Anthrax, In This Moment, All That Remains.

The concert was sold out with 50,000 tickets sold and gross sales of $1,700,645.

Northern Invasion 2015 took place at Somerset Amphitheatre Somerset, Wis. May 9 with a line-up of Slipknot, Five Finger Death Punch, Volbeat, Three Days Grace.

The concert was sold out with 25,000 tickets sold and gross sales of $1,272,284.

In total, the five festival shows mentioned above grossed $12,968,360 in ticket sales alone.

But somehow, festivals are not making money. But let me tell you one thing, festivals are making a lot of money for a lot of people. This is the great disconnect in music where the majority of the money made from bands goes to middlemen.

There is a post over at VH1 written by Doc Coyle from God Forbid. Must say I am a fan of his blog posts.

In the post Coyle, discusses the future for American Metal festivals. It’s a great read, so check it out.

Our opinions are the same when it comes to stand alone festivals in a city being more of a success than a touring festival.

But the disconnect still exists with the money jar. In the immortal words of Bon Scott,

Gettin’ ripped off, Underpaid…. 
That’s how it goes, Playin’ in a band

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

The Copyright Hijack

“What’s going on right now is a total conspiracy amongst all of the record companies and the music society, ’cause so many of those records, samples were done with no law around it. They took care of each other under the table. They took the money from the rappers, they charged them, told them they was paying me. They were splitting it amongst themselves.”
George Clinton

There is a common music quiz question, “Who wrote “This Land is Your Land”?

Woody Guthrie is credited as the songwriter. However, Guthrie is famous for writing lyrics to melodies of other songs, so in this case, the melody came from a song called “When The Worlds On Fire” by the Carter Family. So in 2004, the holders of Guthrie’s Copyrights, threatened a website with a lawsuit, who more or less did the same thing as Guthrie. They added new lyrics to the same tune.

So who is Copyright benefiting here?

What about the story of “Happy Birthday To You”. In 1893, kindergarten teachers Mildred and Patty Hill, wrote a song called ‘Good Morning to All’ for their students. In the 1920’s, the melody from that song evolved and the lyrics kind of changed to ‘Happy Birthday to You.” The song’s publisher, Summy Co. copyrighted both the songs and in the 80’s Warner/Chappell bought the company. Since then, Warner/Chappell has been collecting approximately $2 million a year in licensing fees for a song that is 100 years old.

So who is Copyright benefiting here?

The best part of Copyright is when government bills extending the terms of copyright. In Jamaica, the copyright term is now 95 years from the death of the author, or 95 years from publication for government and corporate works. What is made worse, is that the term extension, also retroactively went back to January 1962, which meant “that works that have already passed into the public domain in Jamaica are now to be wrenched back out again” and put under Copyright.

So who is Copyright benefiting here?

In all instances, Copyright is benefiting a corporation.

But, wait a minute isn’t copyright meant to benefit the creator and then the public domain.

In the UK, the Government wants people to respect Copyright, so their answer is for the High Courts to make it illegal to rip music off a CD or put DVDs onto hard drives that you legally purchased while streaming services tell us “we don’t want to own content, we just want to access it”.

Meanwhile, when legal services are made available at a price point that agrees with people, something magical happens. Money is made from recorded music.

In the UK, there are on average 500,000,000 streams a week. In one year that figure has doubled. That is a lot of money coming into the recording labels coffers. Do the math!

In Spain streaming payments are proving to be the recording industry’s savior. Isn’t it funny when legal services are made available at a price point that the public likes, piracy becomes obsolete.

So who is Copyright benefiting here?

500 million streams a week is a decent amount of money going to the record labels.

But due to heavy lobbying from the film and music industries, the UK Government plans to raise the online piracy prison sentence to 10 years while artists thank piracy for bringing fans to their concerts.

“I just want people to have access to my music. If there was no piracy, why can I sell out 20,000 people every time in Brazil? Is it because of how many records we sold in the shops? Of course not.”
Dave Guetta

If the above sounds familiar, it should, as a lot of metal artists have said the same thing. Watch Flight 666 and see what the Maiden guys have to say about selling out Costa Rica, India, Mexico and other parts of Central and Southern America. Those ticket sales and merchandise sales came from people who obtained their music illegally.

The best answer to piracy is to accommodate it.

Look back to the book pirates in the 1500s. The printing press (new technology of the time like the Internet) came out in 1440. This led to the Governments of the time to give certain Publishers a monopoly (like Copyright) on printing books. This led to issues between the publishers that didn’t have any rights to print books. So their response was to become pirates.

Eventually, these pirates or idealists started to be accommodated and more legal licenses given to various Publishers. Piracy problem, solved.

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

Another Episode in the Recording Industry Dumb and Dumber File

Seriously, how stupid can the recording industry get!

Why would the recording industry associations battle a Copyright ruling that allows people who purchase a CD to legally rip it?

First, CD sales are on the decline. The whole history of music is available on YouTube and Spotify and Pandora and (insert any other streaming service here).

So why does the recording industry still fight “ripping a CD” laws. No one with any common sense can believe what the UK Music and the British Academy of Songwriters claim.

That if people are allowed to rip the CD’s they legally buy, it would cost the rights owners tens of millions. So what they want is a tax on back up CD drives.

Are these recording industry idiots seriously that out of touch with technology?

Don’t they know that most computers don’t even come with a CD drive! My Apple iMac doesn’t even have a CD drive. In other words, CD drives are disappearing at the same rate that CD sales are disappearing.

But the recording industry, which the article incorrectly calls the music industry, still believe in some 1998 ideal of CD sales and ownership.

Even one of the largest tech companies in the world, believed that music was all about ownership and not access. For whatever reasons, Apple is very late to the streaming party.

When Steve Job’s introduced the iPod back in October 2001, the selling point was “this amazing little device holds a thousand songs, and it goes right in my pocket”. For millions upon millions of music fans, the iPod became a must and in return Apple continued to grow into a very powerful company.

However, Jimmy Iovine and Eddy Cue offer nothing amazing with Apple Music. They offer a music service with features that already exist in Spotify or even Soundcloud. But they hinder their music service by putting it behind a paywall. This new “revolutionary” product is mired in the past.

It’s like the record labels constructed Apple Music and not Apple itself. Maybe that is the truth as Jimmy Iovine’s background leans more to the recording industry than the tech industry.

Artists payouts has proven to be a contentious issue again. Transparency in the area is non-existent. Apple was not going to pay artists during the streams that happen during the three-month trial period. Then Apple did an about flip and said they would. On top of all that, Apple Music is being investigated for anti-competitive behaviour.  The last thing the labels would want is a government investigation.

Did anyone also notice that when Apple did its reverse flip on paying royalties during the free 3 month periods, it was Eddy Cue who went on the record. Meanwhile, the recording industry stooge Jimmy Iovine, remained silent, just like the label heads at Universal, Sony and Warner. However it was those idiots that created this mess in the first place.

If you are a musician this is what you should know;

• Music streaming revenue is surpassing sales of music downloads.
Research from P. Schoenfeld Asset Management shows that there will be 250 million worldwide music streaming subscribers generating over $16 billion in streaming revenue.

Your challenge is to get people to listen to your music consistently. Forget about the CD sale, or that Vinyl sale or that download sale. They are memento products. Listens is your sale. Eventually, the fan base that listens will start to want your memento’s.

One last thing.

If your song is not on Spotify, it is on YouTube. Taylor Swift took her music off Spotify and saw her YouTube plays increase. Yep, that’s right. Sales of her music didn’t increase at all, but her YouTube stats went through the roof.

It’s because people want to listen.

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A to Z of Making It, Music, My Stories

Art and Music

The first album cover that comes to mind would be Kiss’s “Destroyer”.

In the Eighties, Twisted Sister’s “Stay Hungry”, Iron Maiden’s “Powerslave”, Motley Crue’s “Theatre Of Pain”, Stryper’s “To Hell With The Devil”, Megadeth’s “Peace Sells” and Metallica’s “Ride The Lightning” are iconic images that remain in my head space over and over again.

Add to that list “Whitesnake”s self-titled album and Guns N Roses “Appetite For Destruction”.

The whole package of an album was crucial to me. It was an experience to look at the album cover, the lyric sheets and the credits, as I dropped the needle, kicked back with the headphones and digested the album.

The art was the doorway into the music of an artist. Sometimes it was a win and sometimes it was a complete waste of money.

Maybe I gravitated to heavy metal and hard rock because of my interest in the artwork and the stories I took out of the artwork. Seriously, who hasn’t thumbed their way through thousands of thousands of albums and stopped dead when an album cover caught our eye. On a lot of occasions, that was the difference if I purchased the album or not. The other key difference was who produced it or who was involved in the album. There was no “try before you buy” option.

Production guys like Keith Olsen, Tom Werman, Bruce Fairbairn, Bob Ezrin, Neil Kernon, Peter Collins, Martin Birch, Michael Wagener, Mutt Lange, Andy Johns, Mike Clink and towards the late Eighties, Bob Rock became key deciders if the album was a purchase or a leave for me. Especially if it was a band whose music I never heard before like Skid Row, Extreme, Guns N Roses, Bulletboys, Warrant, Tangier and even Whitesnake’s 1987 album was a NEW one for me in 1987.

Which brings me to the point of the post?

The artwork and the music compliment each other. It gives the music a visual that I could attach myself too. I see it in my kids when they go through my record/CD collection. They connect with the graphic first.

My first Dream Theater album was “Images and Words”. It was purchased based on three things.

The artwork – it looked cool, surreal and progressive.
The length of the songs – By the early nineties, I was looking for music that had some substance. As a fan of hard rock and metal, I was getting bored and fried with the 4 minute songs coming out from the acts I supported. Seeing an album that had songs between 8 to 11 minute range was like a ‘HELLYEAH’ moment.
The producer – Dave Prater. I actually enjoyed his work with the band Firehouse on their self-titled debut in 1990 and “Hold Your Fire” in 1992. Also Bill Leverty is one hell of a guitarist who has not received the recognition he is due.

When I tell my kids that I used to purchase music without hearing it, they look at me, like I am the biggest idiot in the world. It doesn’t make sense to them to spend money on music without hearing it. The fact that I needed to buy a CD to hear Dream Theater is unknown to them.

So the artworks once upon a time, assisted artists in selling music and enhancing their lyrical messages.

You see, a fan can make a connection with an artist in so many different ways. It could be visual, musical, lyrical or a combination of all. So when MTV came, everything started to change.

Can you think of the Motley Crue “Girls, Girls, Girls” album and not think about the uncensored video clip for the song?

Can you think of Twisted Sister’s “Stay Hungry” and not think about the “We’re Not Gonna Take It” or “I Wanna Rock” videos?

What about Whitesnake’s album and the Tawny Kitaen poses in all of the video clips?

What about the performance videos of Bon Jovi during the “Slippery When Wet” and “New Jersey” albums? What a shrewd marketing move to do each Bon Jovi video clip as a performance clip. It put their faces into houses around the world and turned the band into global superstars.

Music videos suddenly became another way for a fan to make a connection with an artist.  Take this quote on music-related art from The Conversation website.

Music-related art helps us learn more about the intention of an artist, and with more music being released than can be heard, this is important. This can, as shown, be the absence of artwork as much as is its presence. As the so-called music industry continues to shift its gaze towards live music events, so too can artists. New ways in which musicians can move and excite fans will continue to emerge, and with them the opportunity to work with artists in innovative ways. Album artwork will continue to catch our attention and create recognisable brands. Music videos will continue to accomplish similar feats, albeit with smaller budgets.

Why do you think Spotify is moving into video and other forms of streaming?

They understand that for a fan of music or for a fan of an artist, it is more than just music. The ones that spend the money want more.

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