Tag Archives: Music Business

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

In Music, Rules Are Meant To Be Broken (If You Want To Rock N Roll)

Small businesses need to understand that life’s changing and because it is changing so fast, it is a case of adapt or die.

To put it into perspective, the Australian Government recently signed a few Free Trade Agreements with South Korea and Japan, with China set to follow soon. All of this will make it easier for the big retail giants of those countries to enter the Australian market. All of these FTA’s makes it harder for small businesses to compete. Because as is the norm when big giants come into a market, prices go down, and for small businesses it does not make life easier, it makes it harder.

However, opportunities always emerge for the fast adapters.

Sort of like the music business.

The ones that adapted to the changes fast, survived. While the ones that complained and whined about peer-to-peer either perished or downsized.

Traditional music distributors. Gone or downsized. Replaced by Digital distributors.

Record Store Retail Outlets. More or less gone. Replaced by online shopping carts, streaming and digital downloads.

Publishing companies. Downsized or merged.

Record Labels. Downsized or merged. Saved by the tech industry.

Bands. Either are breaking up or are constantly replacing members.

So if small businesses needs to adapt to survive on a constant basis, than artists, record labels and the music business in general should be no different. And just because the recording business was dragged kicking and screaming to embrace mp3’s, then YouTube and then streaming, the innovation doesn’t end there. Adaption is the key.

Instead, the music business is cashed up and the record labels have a powerful lobby group that instead of innovating and adapting to the changes, they lobby hard to have laws passed to assist them.

Instead of adapting, they have the courts step in to assist them.

Instead of innovating, they had the Federal Police step up to the plate and assist them in using terrorist style raids on unsuspecting victims, like a 5-year-old girl and her Winnie The Pooh laptop.

And now that the recording business is all in with the techies, those same techies now have shareholders and boards that want profits first and innovation second.

Seen the stocks of Netflix, Facebook and Twitter recently. But tech is where the action is I hear people say. Well I say tech is where the action is up until profits trump innovation.

Music drove culture up until a point in time in the mid Eighties when executives put profit margins ahead of music.

And in business, cash flow is everything. In music, cash flow is a byproduct of great music.

In music, rules are meant to be broken. Innovation is about breaking the rules.

New musical legends will combine both and rise from the ashes to enrapture the public. And they will be different. These artists will not be interested in corporate deals and sponsorships.

These new artists will not be concerned about the past. They will be concerned about changing the future. With music. Like it was once before. When music led the way.

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

YouTube

Do you want an audience or a fan base?

An audience will go and check out a song after being instructed to do so. The fan base will choose what song to play or what album to play when they want to.

It’s always the techies that are getting it right for the music industry. They can see how to make dollars in between all of those ones and zeroes.

“An audience changes the channel when their show is over. A fan base shares, it comments, it curates, it creates.”

YouTube’s global head of entertainment Alex Carloss said the above.

So where do you stand as an artist.

Do you have an audience? People who are directed to check you out?

Or do you have a fan base, people who share, comment, create playlists and do everything else.

It is a global world and YouTube is a platform that can reach all corners of the world. The reason why it is so popular is that while the major labels procrastinated over how much they would get from the streaming services, YouTube entered via the backdoor and became the leader. And it wasn’t even licensed.

Recent research has shown that by not having your music on YouTube could lead to an increase in music sales. What this clearly shows to me is that there are more factors out there that have led to reduced sales of recorded music than piracy alone. It also shows the shift of people’s listening habits. But wait, Neil Young and the Ponos team still reckon we need studio quality files. Yep, good luck with that.

If you are not using YouTube to promote yourself, then you are doing it all wrong and your career is challenged.

Even if the record labels do not renew their licensing agreement with YouTube, it will still survive. Because it is the fans that want it. YouTube’s success is made by the people, who apart from going to listen to music or view videos, they also upload as well. If I want to hear a new release before I buy it I normally go to YouTube. The whole album is there. Spotify is good as well, however it’s search algorithms are rubbish, plus it doesn’t have everything there.

I wanted to listen to Badlands “Voodoo Highway” album recently. It’s not on Spotify, however YouTube has it. Unlicensed.

I wanted to listen to Don Dokken’s “Up From The Ashes” album recently. For both, I could have gotten the CD and played it or I could have plugged in the portable drive and played it from there, however that was too much effort. Spotify didn’t have it, but YouTube did. Again unlicensed.

The record labels get wined and dined by Apple for exclusivity around their streaming service. And then when the cash rolls in from another licensing agreement to them, the artists will complain that streaming is killing the music business.

NO.

The Record Labels are still killing the music business. Their own greed will kill off streaming services. A stream is not a sale, so the royalty rates that labels pay artists are bullshit. Because the labels classify a stream as a sale which in turn brings with it a lower royalty rate.

Because if a band can stand to make $24,000 for putting up a silent album on Spotify that has been streamed for a combined sum over 4.7 million, then surely the larger acts that have 40 million streams will be making better dollars.

But they don’t.

Because that low royalty rate per stream that Spotify pays, gets further diluted when the Record Label applies it’s 80/20 split to it. Then that low 20 percent is split again by managers, lawyers, band members, etc..

What about illegal downloading of music?

It is still going on and it will never stop because people still want to have the mp3.

14 years have passed since the Napster revolution and music lovers still don’t have a legal ad-supported peer-to-peer download service for mp3’s. It’s leaving money on the table if you ask me.

Do you know what one of the main income revenues is for the record labels?

Yep, its YouTube fan clips that go viral. The ones that have unlicensed music playing in the background. With the YouTube Content ID system, labels can claim the clip as theirs and then reap the benefits that the clips views bring in.

Even Governments fear it. Turkey’s government blocked access to YouTube when an audio recording of top civilian and military officials appeared, which involved high-level security talks on Syria. The Government has classed it as illegal content. I see it as a form of censorship.

YouTube was seen as the enemy to TV stations and to the Music Industry. Now it is their greatest ally, only if they know how to use its potential. Expect to see the various YouTube networks become bigger than the movie studios in the future. Because they realise that it’s not all about the blockbuster effect. Releasing content more frequently is king.

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

Take Note of George Lynch’s Work Ethic and Rat Pak Records

This is how you need to do it in the current music business. Check out the list of releases from George Lynch since 2008.

2008 – George Lynch – Scorpion Tales
2008 – Souls Of We – Let The Truth Be Known
2009 – Lynch Mob – Smoke And Mirrors
2010 – Raven Quinn – self-titled debut
2010 – George Lynch – Orchestral Mayhem
2011 – George Lynch – Kill All Control
2012 – T & N – Slave To The Empire
2012 – George Lynch – Legacy (EP)
2012 – Lynch Mob – Sound Mountain Sessions (EP)
2013 – Lynch Mob – Unplugged – Live From Sugar Hill Studios
2014 – KXM – KXM

That is 11 releases in 6 years. Lynch also has another super group project in the works with Michael Sweet from Stryper on vocals, James Lomenzo from White Lion, BLS and Megadeth on bass and Brian Tichy from Whitesnake, BLS and Foreigner on drums that will be seeing a 2014 release on Frontiers. That will be 12 releases in six years. How many other hard rock artists are doing the same output?

Apart from the high volume output, Lynch is also immersing himself with different band set ups. Different dynamics. Sort of like the seventies musicians who just got together over a weekend and made an album.

This is the music business after the transition from analog to digital. Instead of spending big dollars on recording an album every two years only to see it disappear in a few weeks, it is better to record regularly and to release regularly. The modern internet rule is here today, gone tomorrow.

This is the music business after competing with free.

In order to survive, you need to create. The music business is not in trouble. Only dumb labels and artists are.

The big acts like Metallica, Avenged Sevenfold, Five Finger Death Punch, Volbeat and Machine Head will make a lot if they are smart.

Metallica actually got stupid with the whole “Through The Never” movie and Orion festival. Two big misses financially. That is why they are back on the road right now, playing the high dividend return South American markets. They need to be paid, management needs to be paid, their lawyers need to be paid and all the rest of the workers at Metallica HQ.

We don’t want our heroes to be movie stars or festival organisers. We just want them to release music and hit the road.

Is George Lynch making millions doing this? Of course not, however did he ever make millions. Even in the glory days of Dokken. Sure it was a better time. They had advance payments, touring dollars and endorsements. On top of all that was a very easy metric to measure success. Sales.

But in the end, they still had a shitty deal. According to Don Dokken, it was he that got signed originally. Lynch and Mick Brown claimed it was on the back of songs that they had written in a previous band. The songs in question are “Paris Is Burning” and “Heartless Heart”. Hence the arguments and an uneasy settlement that had Don Dokken paying them a cut from his share. A shitty deal on a shitty deal.

But as all things evolve, so did the music business. Once control was taken away from the record labels, all hell broke loose.

Now it is so different.

George Lynch gets it and the team at Rat Pak Records get it.

On the recent “KXM” release, George Lynch had a special thanks to Joe O’Brien, Tina Peek and everyone at Rat Pak Records for breathing new life into the record business. I first came across Rat Pack Records when I heard that George Lynch was releasing new music through them a few years back in relation to a solo EP and a new Lynch Mob recording.

It’s run by a music business lifer in Joe O’Brien. He started in bands, then started booking shows, managing bands and finally a record label in 2003, at a time when sales of music started to decline. He doesn’t play the same game that the traditional labels play. The packages that they offer at the price that they offer is all about marketing to the core audience of said artist. And it is working.

O’Brien gets it that talent is king. And he gets it that the talent he signs doesn’t make as much money as they did off recordings than what they did in the past, however other avenues of income have opened up. And that comes down to the packages that are created.

BUT Rat Pack should have their releases made available on Spotify for streaming. It’s 2014 and Spotify is very much part of the music business. If it is not on Spotify, it will be on YouTube and in most cases it would be unlicensed. But YouTube does pay.

Distribution is what music is all about. And in relation to the consumer we want it to be easy. That is why Popcorn Time is going gang busters. It is the movie business’s worst nightmare. And since the developers made the code available, it is impossible to take down as each person can run their own version at home.

That is what piracy does. It fills the hole that the entertainment industry didn’t want to fill. It now forces a new path, a new conversation. Music led the way. It has taken a lot of time for the labels to catch up, however what began with Napster is now almost complete. We have access 24/7 to everything. We can buy it or we can stream it for free.

The next challenge is to get people to pay for streaming services. Time will tell.

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

What Metal and Rock Labels Should Be Doing?

One thing is clear when it comes to the digital music market. It is constantly evolving. Apple is trying it’s hardest to retain its competitive advantage as streaming services start to reduce the number of downloads they sell. We can safely say that Apples monopoly on download sales is more or less over.

Across the board, song downloads are down and digital album sales are down. CD sales have been declining for a long time as well.

So what do we have at the moment. Streaming is growing in popularity and YouTube is still there, the unofficial streaming monolith. As fans of music we are using our smartphones to stream music instead of downloading it.

So if you are a metal or a rock label like Frontiers, Century Media or Nuclear Blast and you have all the above information in front of you, what do you do?

1. Don’t hold back music from streaming services. It’s not about sales anymore. It’s about who is listening to it.

2. Corporate deals/exclusives alienate the fans while it brings a return on investment to the record label.

3. If piracy sites make so much money from offering mp3’s for free, why don’t the record labels get into the same act. Get into bed with BitTorrent. High piracy rates today will lead to payola in the years to come. Volbeat were streaming stars in Denmark and Sweden before they even broke through in America. Moby’s “Innocents” BitTorrent bundle was downloaded 8.9 million times. Expect 20% of those customers to purchase the next album and expect 50% of those customers to attend a live show from Moby.

4. iTunes is finished as a main income source much in the same way CD’s are over. Sure, hobbyist will still purchase, however the fans have moved to streaming.

5. Streaming is not the enemy. To use a non-metal or rock example, hip hop artist Schoolboy Q had his “Oxymoron,” album heavily promoted on Spotify. In a smart promotional move, they released the album on Spotify months ahead of the album physical and digital release and by the time it got released, 3.3 million streams got racked up and in its first week of release it sold over 130,000 copies. The first two earlier albums, “Setbacks” and “Habits & Contradictions,” sold 17,000 and 48,000 units respectively.

6. It’s not a great marketing strategy to dictate to fans how they can consume that band’s music. People want uniqueness and those special packages. People want to stream. People want to download mp3’s for free. People will download mp3’s and pay for it. People will buy a CD/DVD package. People will download a free app, if they know that it contains the whole album. If “Flappy Bird” was making money from a free app, why wouldn’t music artists make money.

7. The label is in the recording business to make money. The best way to make money is to have deals in place that is a win-win for both the label and the artist.

8. Sales are not a measure of success anymore. I was following the band Otherwise after their album “True Love Never Dies” was released in 2012. Each week they moved 400 to 700 units in the U.S. They were also on tour with 3 Doors Down and Daughtry. By delivering on stage, they saw sales resonate. Eventually all those small amounts started to add up into 10,000. Then 20,000 and so on. Spotify shows the song “Soldiers” at 937,417 streams. The song “I Don’t Apologize” with 768,304 streams. “Die For You” has 402,458 streams. The “Soldiers” official video on the Century Media channel has over 1.7m views.

Smaller returns today, will lead to greater returns in a few years. It’s all about longevity.

As a label, YOU WANT YOUR ARTISTS TO LAST and STAY TOGETHER. It is about outlasting the competition.

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Music

Some Hard “Music Business” Truths – Dave Lombardo, Tom Araya and Band Agreements

Dave Lombardo hasn’t been silent when it comes to the financial “behind the scenes” happenings of Slayer. It doesn’t matter on which side you are on in this argument, one thing that is true is that these kinds of issues are real. Bands cannot exist without a band agreement in place. And when a Band Agreement is drawn up there are a few main players in it.

1. The Band themselves
2. The Manager
3. The Lawyer
4. The Accountant

Musicians are always taken for a ride when it comes to management, lawyers and accountants. The whole Adam Duce vs Machine Head saga is down to the same questions that Dave Lombardo is asking. What happened to all of that money that was grossed?

Let’s look at some of Lombardo’s claims.

He claims that in 2011, the band Slayer grossed $4.4 million and that he only earned $67,000. He also claims that he earned that same amount from the band when he rejoined the band. Sounds like a pretty shitty employment contract if you ask me.

So what do we know about 2011?

In 2011, Slayer played 62 shows based on the website Setlist.fm. Doing some simple math, Lombardo came away with $1080 per show. For a lot of independent musicians this is a nice pay-day for the whole band, however in this case it is for an individual in a band that grosses over $4 million dollars.

Now let’s do some math around the gross earnings per show from Slayer. In order to do the math, I searched the internet for a Slayer Billboard Boxscore and I found one.

Slayer in November 2013 played a show in Winnipeg, Canada and the gross sales for the show came to $57,100 and the venue was half full. The data is available on the lambgoat.com blog. So let’s just say that $60,000 gross is an average intake for a Slayer show. Multiple that gross amount by the 62 shows and you get a figure of $3.72 million. Add merchandise, licensing, publishing and royalties and you get close to the $4.4 million mark. So it is safe to say that Slayer is a million dollar business. And Dave Lombardo was just paid $67,000.

Back in February, 2013, Lombardo first announced his findings that 90% of Slayer’s tour income was being deducted as expenses, leaving 10% for the band to split amongst the four of them.

Again, going back to the math, if Slayer grossed $4.4 million, that would mean that $4 million went to expenses and $400,000 was left to be split between the original 4 members (I am assuming that the touring guitarist “Gary Holt” is part of the Expenses). So Dave Lombardo gets $67,000. That leaves $333,000 to split amongst 3. $111,000 each sounds about right.

Tom Araya claimed Dave was a working member of the band and never a partner, making mention that when Dave joined again during the ‘Christ Illusion’ album, Slayer offered Dave a contract with the band, hence the $67K amount.

This is in contrast to Lombardo’s claims who also mentions that Araya got his silence bought, when management handed over a lot of money to go against Lombardo. Lombardo claims that he was a percentage holder within the band and all that he asked for was to see the detailed expenses.

The thing is Araya is pulling a double face here, as he blasted the band’s management when it came to Jeff Hannemann’s tributes. This is what he said in an interview on Classic Rock;

“I wanted to do more – I was hoping to do more. But the nature of the business… the management gets involved in anything we do and they fucked it up. I’m throwing them under the bus. It really upset me, because it would have been more than just that.”

Money talks. Slayer is a machine that is all about the business and making profit. The person that has the cash has the leverage and in this case, the Slayer management team has that leverage. So why would they use some of the cash that Slayer earns to pay a tribute to the most important member of Slayer. Jeff Hannemann gave them all a career with his great songwriting skills.

It’s bad enough that record labels rip off artists. It’s bad enough that accountants, managers and lawyers rip off artists. But it is the worse when band mates rip off band mates.

If Kerry King and Tom Araya stuck with Dave Lombardo, they would have had the leverage. It’s like the Machine Head song, “Who We Are”.

DIVIDED WE STAND.

But it should be UNITED WE STAND.

In the same way that the audience all stood united to watch the original four at the Horden Pavillion in Sydney back in 2007, with Mastodon opening.

http://loudwire.com/dave-lombardo-claims-only-made-67000-slayer-4-million-gross-2011/
http://loudwire.com/slayer-tom-araya-elaborates-dave-lombardo-exit/
http://loudwire.com/slayer-tom-araya-why-dave-lombardo-ousted/

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

Music Business Rules Found In Songs

On Motley Crue’s 2008 song ‘Welcome To The Machine’ they provided a few general rules about the recording business and the machine that is the music business.

Rule Number 1: “Sign on the x to sell your soul”.

Yep, if you want a major record deal, prepare to sell out. Major labels want hit acts. Hit acts need to play to a formula. The labels are not interested in the Mumford and Sons or Kings Of Leon outliers. They want the acts that will sing the songs written by a committee.

Rule Number 2: “It’s so automatic, Hocking broken plastic, Royalties you’ll never know”.

Yep, the good old measure of success. Record sales. Still used by the labels as a barometer of success in 2014. And the labels still employ creative accounting when it comes to royalty payments. Dollars for the label, pennies for the artist.

Rule Number 3: “Give your ass like a whore, Once you take a hit, You need more more more”.

Once an artist tastes success, they will go back to the same restaurant over and over again. Because we all want to be loved.

Rule Number 4: “Welcome to the machine, Once it sucks you in you’ll never leave, Grind you up spit you out, After all you’re just a piece of meat”.

You can make a memorial wall as big as the Great Wall Of China that has the name of artists who the recording business used and discarded.

Rule Number 5: “Sell out to the rats, Make em rich make em fat”.

Record label executives earn a lot more than the artists that actually make them that money. Is this the way it should be?

On Motley Crue’s 1999 song ‘Fake’ they seem to provide a few more general rules about the recording business.

Rule Number 6 (supporting Rule Number 1 and 2): “Sold my soul while you sold records, I have been your slave forever.”

Yep, when you sign away your copyrights to the record label and then they lobby hard to have those copyrights extended 70 years after your death. It sure sounds like a slave forever.

Rule Number 7 (supporting Rule Number 5): “What are you fat cats doing anyway?, Take our money and flush it down the drain.”

Yep, fat cats fly private and make the Forbes Rich List.

Ugly Kid Joe asked “Mr Recordman” if he knew who they were or if he gave a damn about them or if he was purely there for the dough. Based on their career trajectory, the answer was obvious. Mr Recordman didn’t give a damn about them once they stopped being “commercially viable”

Rule Number 8 – Mr Recordman doesn’t know who you are. Look at the band “Winger”. When Reb Beach called the label after the Beavis and Butthead episode hit TV screens, the label claimed they never knew a band called Winger.

Rule Number 9 comes from Disturbed and their song “Sons Of Plunder”.

Rule Number 9: “You say you’ve found yourself a new sound, one hundred more all have the same sound”

Yep, like the thousand of hard rock bands that came out in the late nineties. Yep, like all the alternative/grunge bands that came out towards the end. Yep, like all the metalcore bands that are out right now and all of them claim to be different, yet they all sound the same.

The song Chainsaw Charlie from WASP is littered with music business rules. The first three lines, “Will you gamble your life?, Sign right here on the dotted line, It’s the one you’ve waited for all of your life” fall into Rule Number 1. Then the lyrics of “And tomorrow when I’m gone, Will they whore my image on?” brings us to Rule Number 10.

Rule Number 10: The record label will forever whore your image on after they have dropped you or after you have departed this Earth. There is a lot of money to make in death.

Rule Number 11: “We’ll sell your flesh by the pound you’ll go, A whore of wrath just like me, We’ll sell ya wholesale, we’ll sell your soul, Strap on your six string and feed our machine.”

This is relevant today when even the image of the artist is owned by the record label in 360 degree contracts.

Rule Number 12: “Welcome to the morgue boy, Where the music comes to die”

Songs written by a committee. It’s soulless, however it sells.

Rule Number 13: “Ah, trust me boy, I won’t steer you wrong, If you trust me son, You won’t last very long”

Remember the advice by Ugly Kid Joe in Mr Recordman.

Rule Number 14: “The new morgue’s our factory, to grease our lies, Our machine is hungry, it needs your life”

The definition of the recording business.

Rule Number 15: “I’m the tin man, I’ve never had a heart, I’m the tin man, But I’ll make you a star”

The Record Label CEO. All promises and that tin heart doesn’t care if those promises are broken.

Savatage is another band that covers the music business in a bit of detail. Rules 16 to 18 are from the song “Jesus Saves”.

Rule Number 16: “You know Jesus he started changing, Things got really strange, He saw his tee shirts everywhere, He started missing shows, The band came down to blows, But Jesus he just didn’t care.”

Yep, it’s a tough gig keeping a band together, especially when a band member becomes the idol that the fans latch onto.

Rule Number 17: “Things got out of hand, And so he quit the band, Still the critics they would rave”

The uncontrollable egos get in the way of a great band.

Rule Number 18: “Her Him cut through the night, On those late night radio waves”

Eventually, we get old and we become “classic rock”. There is no way around out. Embrace it and play to your core audiences.

The final two rules are from the song “When The Crowds Are Gone” from Savatage.

Rule Number 19: “I don’t know where the years have gone, Memories can only last so long, Like faded photographs, forgotten songs”

Rule Number 20: “The story’s over, When the crowds are gone.”

Pretty self-explanatory.

If you’re looking to embark on a career in the game of music, then use the above as a blueprint to get you going.

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Music

Innovation V6.0 – While Spotify Innovates, The Governments And The Entertainment Industries Legislate

Van Morrison once said that “Music is spiritual. The music business is not”. How true that comment is.

Spotify recently announced the acquisition of “The Echo Nest” , a music intelligence company that will give Spotify and its users a better music discovery platform. As is the norm these days, it is technologists leading the way for the music business and in general the entertainment business at large.

When Spotify offered free mobile access, they had more sign ups in one month than the whole year prior. Spotify knows it’s all about domination. The history of the internet has shown us that. Pandora is unrivalled in the radio streaming stakes. Apples iTunes Radio is non-existent.

Labels are rolling it in from streaming services and they are not passing those extras on to the artists. That is not Spotify or Pandora’s fault. That is the labels fault. Again, if Spotify is that bad for the artist, then artists like Metallica and Motley Crue that actually own their own copyrights wouldn’t participate. But they did.

While Spotify innovates, the entertainment industries legislate, still focused on censorship and take downs.

Over at Italy, their communications watchdog has given itself a “Judge Dredd” like power. They are basically censoring websites based on a copyright infringement claim from a copyright holder and without any real judicial due process for the website involved.

Just recently, the Public Prosecutor from Italy has decided to go all “Wild West Sheriff Style” on the Internet by ordering Internet Service Providers (ISP’s) to censor dozens of websites, because he said that the websites are places that contain infringing materials. In this case, no copyright holder made any claim against these websites. Yep, it sure sounds like innovation to me.

This is how bad copyright has gotten. People believe that COPYRIGHT INFRINGEMENT OF MUSIC is the same thing as PROPERTY, an actual physical tangible product. And because of this viewpoint, sites that infringe on people’s copyrights are treated the same as sites that deal in stolen merchandise. When a copy is made of a song and shared, it is not theft. It is copyright infringement and it needs to be treated as such.

In recent years, studies have shown over and over again that people who share movies and music illegally are the ones that end up spending more on legal entertainment. The research is now even recognized by the “Industry Trust For IP Awareness” which is a body that includes all of the major Hollywood Studios as its members, along with the major labels in music.

The latest anti-piracy message from the IP Awareness Industry Trust is a positive one. Instead of labelling all of their customers as pirates and criminals, they are now saying that they understand people like movies and that they appreciate that people are sharing and spending money on movies. This time around they are pushing a slogan of “Moments Worth Paying For” instead of the Big Brother “You Can Click But Can’t Hide”.

Neil Gaiman is one of those people who actually is open-minded when it comes to piracy. There is a video doing the rounds from a while back (on Reddit) where Gaiman talks about piracy;

“You’re not losing sales by getting stuff out there. When I do a big talk now on these kinds of subjects and people ask “What about the sales you are losing by having stuff floating out there?” I started asking the audience to raise their hands for one question — Do you have a favourite author? And they say yes and I say good. What I want is for everybody who discovered their favourite author by being lent a book put up your hand. Then anybody who discovered their favourite author by walking into a book story and buying a book. And it’s probably about 5-10%, if that, of the people who discovered their favourite author who is the person they buy everything of and they buy the hardbacks. And they treasure the fact they’ve got this author. Very few of them bought the book. They were lent it. They were given it. They did not pay for it. That’s how they found their favourite author. And that’s really all this is; it’s people lending books.”

Let’s rephrase those questions in terms of music. Even musicians out there should ask themselves the same question.

Do they have a favourite artist?

How did they discover their favourite artist? Was it by buying their music or was it by someone sharing the music with them or was it by someone lending them a CD, a mix tape, an LP or an iPod full of mp3’s or by someone talking up the artist.

How many people discovered their favourite artist by walking into a record shop and buying a CD without even hearing it? Or in today’s world, how many people discovered their favourite artist by going onto Spotify and listening to music of someone they haven’t heard about.

Gaiman gets it. He is a realist. Hey, look over in Japan. They actually have a rental policy in place for fans of music. People hire/lend the CD, take it home, rip it and then return it for another. Personally, Spotify is a better alternative, however rights holders don’t allow it to exist at this point in time.

Finally, the great land down under, Australia is in the news again. Of course as a country founded by convicts, we have a proud history of seeing higher copyright infringement rates thanks to the lack of legitimate and affordable options.

So we don’t have Netflix and because of that we have resorted to using VPNs to mask our location and subscribe to Netflix anyway.

Of course, the free to air TV stations, the pay TV station Foxtel (who is owned by News Corp) and Quickflix along with the News Corp owned “The Australian” news outlet are labelling these paying users of Netflix as “PIRATES”. Yep that’s right. We are paying for a service that is affordable (something that Quickflix doesn’t know anything about) by masking our IP address so that we can access it and we are still labelled as pirates.

So there you have it, another wonderful week has come and gone, that shows that the Entertainment Industries still don’t get it and technologist and open-minded creators do get it.

http://www.dmwmedia.com/news/2014/03/06/spotify-acquires-the-echo-nest

https://www.techdirt.com/articles/20140305/10000226442/italys-public-prosecutor-orders-isps-to-block-dozens-pirate-websites-just-because-he-said-so.shtml

http://torrentfreak.com/pirates-movie-industrys-valuable-customers-140304/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29

https://www.techdirt.com/articles/20140303/11511026409/australian-broadcasters-netflix-competitors-pout-because-netflix-hasnt-banned-vpn-users-yet.shtml

http://comicsalliance.com/neil-gaiman-piracy-lending-books/

https://www.techdirt.com/articles/20140303/11511026409/australian-broadcasters-netflix-competitors-pout-because-netflix-hasnt-banned-vpn-users-yet.shtml

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Copyright, Music, My Stories

This Is How The Out Of Touch Music Business Innovates

The Music Business launches an Anti-Piracy App to educate young people on piracy while at the same time copyright infringement of music is declining each year due to decent legal options.

The game allows players to select an aspiring artist from a list of hopefuls, compose tracks from a roster of song-writers, producers and studio technicians and balance the books by keeping an eye on how radio play, streaming and piracy impact on profits. So maybe the game will show players how much an artist REALLY gets for a song.

However, if the recording industries want to be treated seriously, what about the income from live shows, merchandise deals, licensing, video games, YouTube, Kickstarter, Indiegogo, Pledge and the many other ways an artist can make money these days.

Then you have Paul McGuiness who wants Google to do more to protect the old business models of the recording industry. This is what Paul McGuiness had to say;

What needs to be done is simple, take the sites down and keep them down. If the pirates can manage to replace their sites instantly with legions of bots, Google, with their brilliant algorithm engineers can counter it.

Umm, can someone tell Paul McGuiness that Google is only a search engine. It is not their job to police the internet for the entertainment industries.

We need the technology giants like Google to do the things that labels, the publishers, the artists, the writers repeatedly ask them to do. They need to show corporate and social responsibility. Take down the illegal sites, keep them down and clear the way for the legal digital distributers like iTunes, Spotify, Deezer, the new Jimmy Iovine Beats service, which promises to be a very serious competitor. Those services now exist, it is no longer acceptable to say that the music industry is not available, not making its wares available online.

People have been downloading since the Napster days. So it’s pretty clear to the recording industry people that their customers want to download an albums worth of music, they want to do it for free, they want it DRM free and they want to do it anonymously. So why isn’t the recording industry offering this service to their customers.

They claim illegal pirate sites make money from the advertisements. So why can’t the recording industry offer the same service, via the BitTorrent protocol and make money from the Advertisements.

We’re all aware in this room that subscription is now replacing downloading — legal or illegal — but we do need those mega corporations to make a genuine effort to cooperate and feed the industry that has been so good to them.

Corporations exists to offer a service to their customers. They do not exist to prop up dated business models based on high profit margin CD’s.

Finally you have a company called Rightscorp who is accumulating Copyrights

I’ve posted previously about the whole shambles around Copyright and how their extended copyright terms are purely there to protect the interest of the Corporations that have paid the creator a sum to control their copyright or the Corporations that have paid the record label (who is the current holder of the Copyright) to control the record label right. In the metal and rock sphere, two record labels come to mind, where I feel that their intentions are motivated by having a copyright monopoly on certain songs.

One is Frontiers and the other is Rock Candy. Frontiers are getting a lot of the Eighties greats to create forgeries of their hits, while Rock Candy is buying up albums from the Eighties and re-releasing them with expanded packaging, so that all these forgeries and new versions of the Eighties albums fall under a new copyright term.

While the two labels deal with music, Rightscorp Inc, is otherwise known as a COPYRIGHT TROLL. Rightscorp claims that they have a “patent pending digital loss prevention technology” that focuses on the infringement of digital content such as music, movies, software, and games and ensures that owners and creators are rightfully paid for their IP.

The Wall Street Journal article also mentions that the following;

Rightscorp implements existing laws to solve copyright infringements by collecting payments from illegal file sharing activities via notifications sent through Internet Service Providers (ISPs). The Company’s technology identifies copyright infringers, who are offered a reasonable settlement option when compared to the legal liability defined in the Digital Millennium Copyrights Act (DMCA).

It is very interesting reading the above paragraph, especially when the Justice system in the U.S is waking up and realising that an IP address does not identify who the actual copyright infringer is.

While the music business innovates in their own litigious way, the so called “pirates” are innovating in a very different way by making it even easier for fans of music to download and even stream music.

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A to Z of Making It, Music, Unsung Heroes

Lifers

If you want to have a career in the music business “Lifer” is a term that you need to get used to. You need to be in it for life.

Look at Mike Portnoy. He is a lifer. He lives and breathes music. In his youth, he worked in a record shop and substituted his pay for records. It shows his life commitment to music. Since December 2010, he has pushed out new music on a consistent basis and he has toured non-stop behind that new music. I can’t say I like everything from the bands that Portnoy is involved in, however he understands the current music business. And as much as the metal and rock bands don’t like it, the music recording business is not about releasing an album of 10 songs or more every two years and then touring behind it.

The recording business is about releasing music consistently. Capturing that spontaneity. When music is too thought out it loses its soul. It becomes processed. Even though I am not a big fan of “The Winery Dogs”, I do appreciate the soul of the songs, that loose feeling that anything could happen. This brings to mind a quote from Kevin Shirley who was the producer on the Dream Theater “Falling Into Infinity” album. He loved the original solo take that John Petrucci did for the song “Hollow Years” because it had this spontaneous feeling to it that fit the mood of the song. However Petrucci didn’t like it because it wasn’t precise enough and of course, Petrucci ended up re-doing the solo section to make it precise.

Going back to Portnoy, in 2011 he was involved in the Adrenaline Mob EP, the Neal Morse “Testimony 2” album as well as a tribute album to The Beatles (with Paul Gilbert, Neal Morse, and Kasim Sulton) called “Yellow Matter Custard – One More Night in New York City”.

2012 saw the release of the Adrenaline Mob album “Omertà”, the Flying Colors self-titled debut album as well as another Neal Morse album called “Momentum”.

2013 saw the release of a covers album from Adrenaline Mob called “Covertà”, as well as the self-titled debut from The Winery Dogs. In addition, live releases came out from the “Portnoy, Sheehan, MacAlpine and Sherinian” 2012 tour called “Live In Tokyo” as well as the Flying Colors 2012 European tour called “Live in Europe”.

2014 will see a new Transatlantic album called “Kaleidoscope” as well as the new BigElf album that Portnoy played drums on called “Into The Maelstrom”. Also in the pipework’s is a new Flying Colors album and a live release from “The Winery Dogs”.

In amongst all the studio time of the official releases, Portnoy was on the road, touring. That is a lifer to me. He implored Damon Fox from Bigelf to carry on when he thought about throwing in the towel and even stepped up to the plate to play drums. That is a lifer inspiring another musician to also become a lifer. It’s contagious.

What about bassist, Marco Mendoza? Who you say?

The first time I heard Marco was on the Blue Murder album “Nothin But Trouble” released in 1993. He then fell in with John Sykes, appearing on “Screaming Blue Murder” in 1994 and then on John Sykes’s solo album in 1995 called “Out Of My Tree.” He also appeared on the 1997 albums “Loveland” and “20th Century Heartache” and “Nuclear Cowboy” released in 2000. That year also saw a Thin Lizzy (this is the version that John Sykes put together in 1994,with guitarist Scott Gorham, keyboard player Darren Wharton and drummer Brian Downey. After a few one-off concerts, the band toured more consistently from 1996 until 2000, with Downey being replaced by Tommy Aldridge) live release called “One Night Only” as well as his involvement with David Coverdale’s solo album “Into The Light.”

Real musicians are lifers. He hasn’t had that hit single or appeared on that hit album, but that doesn’t make Marco any less successful.

He spent time with Ted Nugent, went back to John Sykes, then jumped ship to Whitesnake, while still continuing with the John Sykes Thin Lizzy project up until 2009. That project then became Black Star Riders. In between he appeared in Lynch Mob and their Smoke and Mirrors album in 2009. He is going to tour Australia with the band “The Dead Daises” led by former Noiseworks vocalist Jon Stevens.

Would you say that Marco Mendoza has been successful at his music career?

Marco has played with two of my biggest guitar influences in John Sykes and George Lynch. He is a great vocalist and from watching the live Whitesnake DVD from 2006, he hits those highs that Glenn Hughes did in “Burn”.

He has never been without a decent sized gig and if he is, he has his little solo band and his jazz three-piece project that play the bars and the clubs. The bottom line is that he is working non-stop. He is a lifer when it comes to music. That is why he is still around. While record labels whine about the lack of recorded sales in a society where streaming has won the war, Marco is the definition of the long hard slog to have a musical career. A lifer. Excellence is the key. That is why he is in demand. He fits in well, is professional and he doesn’t have a social media presence.

You want a career in music, prepare to be a lifer.

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

Chaos + Disruption = The Music Business

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What are the benefits of going independent?

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

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

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

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

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

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

2019 Crystal ball predictions;

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

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

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

TesseracT – will become the next Pink Floyd.

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

Avenged Sevenfold – will become the new Metallica.

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

Shinedown – will be bigger than what Aerosmith ever was.

Volbeat – will remain relevant in their niche genre.

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

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

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

Trivium – will deliver an astounding progressive technical metal album.

Killswitch Engage – will remain relevant in their niche genre.

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

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

Lets see how it pans out.

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