Tag Archives: Record Labels

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

The “Respect Act” Does Nothing For The Artists But Everything For The RIAA and SoundExchange

I have been doing some reading on the “Respect Act” that is being pushed by SoundExchange the performance rights organization in the US that collects royalties. So the 1976 Copyright Act, made sound recordings from 1972 and after covered leaving all pre-1972 sound recordings in legal no mans land. Proponents for these recordings have suggested that one way forward is to retroactively say that all pre-1972 sound recordings are under federal copyright law.

BUT….

The RIAA has battled tooth and nail against this. Here are the reasons why;

Did you know that the copyright under state laws lasts so much longer. So in turn the record labels get to keep the copyright for a longer period. So the Record Labels and the RIAA like this.

Did you know that the copyright under state laws does not have any termination rights. The Record labels and the RIAA like this. In the 1976 Copyright Act, the original creator is allowed to take back their copyrights for all recordings released in 1978 and after. The Record Labels and the RIAA don’t like this and this is one of the main reasons why the RIAA has battled hard to not put PRE-1972 Recordings under FEDERAL COPYRIGHT.

Did you know that the copyright under state laws does not have a public performance right. That means that there are no necessary licenses for the streaming of such works. And it has been accepted in this way for over 40 years. And the “RESPECT Act” would only extend the performance rights part of the state laws to pre-1972 sound recordings, while leaving everything else about those works uncovered by federal copyright law. So the RIAA with SoundExchange is putting only the parts of copyright law that it likes on pre-1972 sound recordings, while keeping the remainder under state laws.

Yep it sure sounds like some RESPECT for the artists. This is from the press release;

“Project72 kicks off with an open letter, signed by more than 70 recording artists, calling on digital radio to treat all sound recordings equally and to “pay for all the music they play.”

I like how they emphasise the “pay for all the music they play.” So who will actually get paid? History has dictated that it will not be the artist.

I remember reading a statement from Roger McGuinn that he made before the U.S. Senate Judiciary Committee on July 11, 2000. And yes he is a supporter of “Project 72”.

Hello, my name is Roger McGuinn. My experience in the music business began in 1960 with my recording of “Tonight In Person” on RCA Records. I played guitar and banjo for the folk group the “Limeliters.” I subsequently recorded two albums with the folk group the “Chad Mitchell Trio.” I toured and recorded with Bobby Darin and was the musical director of Judy Collins’ third album. In each of those situations I was not a royalty artist, but a musician for hire.

My first position as a royalty artist came in 1964 when I signed a recording contract with Columbia Records as the leader of the folk-rock band the “Byrds.” During my tenure with the Byrds I recorded over fifteen albums. In most cases a modest advance against royalties was all the money I received for my participation in these recording projects.

In 1973 my work with the Byrds ended. I embarked on a solo recording career on Columbia Records, and recorded five albums. The only money I’ve received for these albums was the modest advance paid prior to each recording.

In 1977 I recorded three albums for Capitol Records in the group “McGuinn, Clark, and Hillman.” Even though the song “Don’t You Write Her Off” was a top 40 hit, the only money I received from Capitol Records was in the form of a modest advance.

In 1989 I recorded a solo CD, “Back from Rio”, for Arista Records. This CD sold approximately 500,000 copies worldwide, and aside from a modest advance, I have received no royalties from that project.

The same is true of my 1996 recording of “Live From Mars” for Hollywood Records. In all cases the publicity generated by having recordings available and promoted on radio created an audience for my live performances. My performing work is how I make my living. Even though I’ve recorded over twenty-five records, I cannot support my family on record royalties alone.

In a Ultimate Classic Rock interview, Roger McGuinn mentioned the following;

“In my case, I recorded ‘So You Want to Be a Rock ‘n’ Roll Star’ with Chris Hillman and the Byrds. Chris and I wrote it in ’67 and it was on our ‘Younger Than Yesterday’ album that came out that year. Then Patti Smith covered it in the ‘70s and Tom Petty covered it in the mid-‘80s and they both get paid royalties for performance but the Byrds don’t. It doesn’t seem fair.”

The RESPECT Act would still not change the part about getting paid royalties from the cover versions that people made of the song and the unfortunate part is that most of the royalties paid for digital streaming would go to the record labels who only paid him a small advance.

Did you also know that George Holding, the American Representative that is bringing in the legislation used to work for a law firm called Kilpatrick Townsend & Stockton that is well-known for its intellectual property practice. Sure sounds like a lot of RESPECT for the artists.

Did you also that John Conyer, the American Representative that is also supporting the legislation was involved in a copyright controversy when he opposed a bill that would make federally funded research freely available to the public. Conyers was influenced by publishing houses who contributed significant money to him.

Did you also know that Mark Farner, of Grand Funk Railroad would still not get a cent from his pre-1972 songs because after a dispute with the band’s manager over his $350 a week employee payments, he had to give up all the rights to the music.

I am all for artists getting paid. BUT in this case they are being used. They will not see a cent of these monies.

Another great article on the subject.

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A to Z of Making It, Music, My Stories

Bands: Do You Want To Know What It Is Like?

This one gig forever lives in my memory.

After slugging it out in our regional area, we finally had a decent buzz to get a show in the City. Now this venue is renowned for its metal and rock nights so people of those genres always ventured to it. However, it’s location was a deadest nightmare. Without being able to stop in front of the venue due to it being a no stopping zone, our only option was to find a parking station which was a decent 10 minute walk. The venue was basically at the corner of two main streets in and out of the city.

So yippee we had a gig in the city. Great.

We drove two hours to get there. Double Great.

We parked at a parking station that charged us $52 dollars. Triple Great.

We walked for 10 minutes, carrying amps, guitars and drums. Quadruple Great.

We played the show. We got it filmed via the venue and paid an extra $150 for it. Multi-Great x Five.

I never had an image in my head that music was a way to meet chicks and travel the world. My image was one of writing and playing. However on this day, I really needed to reassess the whole playing live part in my life. As this wasn’t fun anymore. And the reason why it wasn’t fun is that the venues just didn’t respect music. Having a venue in the middle of the city with no loading dock for musicians shows that disrespect.

All the years of hard work doesn’t prepare you for the crap you need to deal with in relation to venues and other bands.

It doesn’t prepare you for the sense of elitism between genres. Our style was Progressive Metal. The other bands on the bill were Death Metal bands. Having a chorus that soared melodically was frowned upon because the singer could actually sing. The other bands just screamed and growled their way through.

The years of practicing and writing do not prepare you for the realities of the music business. To me the big one is the sense that bands just can’t get along. Because the odds of success are so rare no one wants to give an inch just in case that inch was their chance at making it. It got to the point where fans of one band were told to wait outside while the other bands played, just in case some magic record label rep was in the audience and saw people having a good time.

I started to see band members from other bands admonish their fans for enjoying our performance. I started to see hostility around start times and set times between bands. For example, the opening band started late but didn’t cut their set which meant the second band got squeezed.

We played one show in Melbourne where there was a management company and a record label A&R dude there. We had no idea that they would be there. Even if we did, I do not believe that it would have changed our performance. Musically we delivered a killer set. Vocally I could never tell, because on stage I couldn’t even hear the vocalist. The in-house monitors just didn’t cut it.

After the show, the Record Label A&R rep and the management team introduced themselves, we went and had dinner and they said that they are interested in the band but a few things need to change.

“The singer was off-key the whole night”, said the prospective manager.

They mentioned that right in front of the singer.

Then they mentioned that they had a singer from another band that would be a perfect fit for our style. Again they said this right in front of our current singer. It was their way of destabilising the band and getting their own guy in.

I said a flat-out NO.

I said that we will fork out the cash to get proper ear monitors for the current singer and work on that as the on stage monitors just don’t deliver when it comes to independent bands.

The drummer looked at me with dagger eyes. This was his chance to make it and I was getting in the way because I stood up for the singer. But the drummer didn’t do anything about his animosity towards me because I was the songwriter in the band. And this upset the drummer to the nth degree.

But this is a reality. There are always people there, ready to push their own agenda. In this case, the manager and the label wanted to push their vocalist into the band that I formed. The drummer and the bass player were happy for it to happen. But for me, it didn’t sit well.

So what happened after that?

Within four months I had left the band because the arguments of holding each other back got to the point of fisticuffs.

They then got a fill in guitarist and within six months they burned everything that I built up over the last two years down to the ground.

And that’s what its like to be in a band.

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

The Barrier Of Entry

It always pained me to talk about business models with the bands I was in, especially when the business started to change dramatically from the early two thousands.

The other members just believed that someone will find us, sign us up with millions and off we go recording and touring the world. They still had this view in 2010, when after another argument over business decisions, the band splintered apart.

So after I left, they signed a record deal with a small European label for the album that we just finished recording, and they had to pay $1500 Euro for that deal. WTF. After all of those arguments they still didn’t listen to me and they signed away my copyright to the songs that I had written to that label. Guess they just wanted to say to people that they had signed a record deal.

I contacted a lawyer who charged me $300 just for the consultation, however since the band was only a minor league band, it wasn’t worth pursuing in the courts and attempts at any mediation to have me set the record straight and get back my copyrights ended with further arguments and fisticuffs.

The songs in question are songs that I wrote for previous bands I was in and had them registered with a performing rights association years before my most recent band was even formed in 2008. So imagine my surprise when the performing rights association contacted me in 2010 saying that my ex band members have put in claims as songwriters. Even the bass player that joined after the album was finalised put in a claim for a 25% share of the songwriting.

The ugly truth of being in a band.

Just in case aliens are visiting the Earth right now, the “old record label business model” was to identify an artist, put them in the studio, release their recording on a format that a customer could take home and hope that it connects with an audience. That is what my ex-band mates wanted to happen to them in 2010.

This was the principle revenue stream for a very long time for the record labels. It was the sole purpose of their existence. Now that physical product is a loss leader. It has been reduced to an advertising tool to help the artist build a fan base and sell the live show.

Withholding an album from Spotify in the way that Coldplay or The Black Keys are doing is the wrong line of thinking in 2014. It’s back to the old paradigm of “windowing” and maximizing sales through physical retail or download stores first and then moving over to the streaming service when those sales die down. Windowing is still employed by the TV and Movie industry with zero degrees of success and a high rate of piracy.

However, Coldplay did release the singles to Spotify, so it’s no surprise that “Magic” has been streamed more than 55 million times on Spotify. To me, it seems that the recording industry is trying to re-create that “BARRIER OF ENTRY” around how they distribute new music today.

You see the music business once upon a time had a thing called “THE BARRIER OF ENTRY”. This barrier of entry was around which acts got picked up and which acts didn’t. This barrier of entry was also around which music was released and which music wasn’t.

Now the record labels could argue that this “barrier of entry” was the reason why the music coming out of their stables was of high quality. You know the model I am talking about, the one where the artist got lucky because they had some look that the label could exploit and by default they ended up getting a record label deal and the only way to hear all of their output was to buy an overpriced CD. And now those labels are not raking in the cash they used to get and they are blaming piracy.

Let’s look at three superstar acts today and how the show artists today, that the barrier of entry didn’t exist for them, because if you want it, you will do anything.

Metallica

“Kill Em All” was independently financed through independent record label Megaforce Records. Megaforce Records was founded in 1982 by Jon and Marsha Zazula solely to publish the first works of Metallica. The Zazula’s even had the Metallica guys living in their house because they believed in the music and the attitude.

Even Metallica’s “Ride the Lightning” album was recorded and originally released in 1984 through Megaforce Records. A few months later, Metallica signed with Elektra Records who re-released the album.

Motley Crue

The first album “Too Fast For Love” was independently financed via their own Leathur Records imprint in 1981. Leathur Records was a small imprint owned by the band and their original manager Allan Coffman. It was actually Coffman that coughed up the funds for it all.

Elektra Records signed the band the following year.

Five Finger Death Punch

“The Way Of The Fist” was recorded, produced and financed by the band members themselves. Once the album was done, they ended up getting a small independent deal to release the album. In its first week of release it did nothing, but four years later, it was certified GOLD for sales in the U.S.

Only after those bands had proven themselves as viable options did the major Record Labels commit to them. Because they saw dollars and profits. Nothing else.

What all of the bands above had was a product that was ingrained with a cultural movement.

Today, we have musicians promoting themselves on Facebook, Twitter or other social media outlets and in reality they still do not have an actual PRODUCT that connects. Getting 10,000 likes doesn’t mean 10,000 fans if no one is talking about your product or sharing what your product with others.

Don’t blame piracy, blame the lack of product because there is so much product out there today, we normally don’t go back to something we checked out once and didn’t like.

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

The Economy Of Attention Means….

Every corporation in power, when faced with the inevitabilities of competition, have a nasty habit of pushing backwards. They assume that by killing off any competition before it gets some momentum, that they have done enough to protect their business models. They assume that if they lobby or bribe hard enough and get even more draconian laws passed, it will give them more power to prevent any further problems down the line.

But change is eternal. It is progress and it cannot be stopped. Try as the corporations will, change always happen.

The recording industry built an empire decades ago based on the control of the media and the distribution chains. From time to time, different genres and social movements captured the public imagination and as is the norm, the record labels would swoop in, exploit the genre for what it’s worth, oversaturate the market with similar sounding bands and then when the market place was so diluted the labels would then move on to the new genre that is causing waves and repeat the whole cycle.

How quickly was PUNK abandoned for the NWOBHM. Then how quickly was the NWOBHM abandoned for the LA Glam Rock scene. How quickly was the rock scene abandoned and Grunge embraced. Then Grunge had a three-year reign at the top before it was abandoned for another genre.

Of course, that way of doing business was all based on the record labels controlling everything. So then comes a little thing called Napster and decades of record label control just blows up in their faces.

Teenage kids have now built a better system. The kids have built a system that sees artists having the opportunity to create and release music without gatekeeper approval. The kids have built a system that said to the record labels, we want music in these formats and we want it twenty-four seven.

And the system allows for the transitioning of power and control back to the audience and the actual creators. That is the problem the record labels have with the internet. The piracy is the argument they push forward, however the real problem is the lack of control and power they have over the distribution chain.

The audience will get the music they want in any way they want. Instead of putting up roadblocks, the record labels need to build bridges connecting everything together. Napster showed the recording industry that people want mp3’s to download and that they want to do it for free. Napster and the rise of peer-to-peer downloading showed the recording industry that people want to format shift their music files.

It should be the norm that in 2014, if a person still buys a physical CD or LP of the artists, that same person should be able to download that whole album via a download site that the artist controls. Coheed and Cambria did that with “The Afterman” releases. Amazon offers it via the AutoRip option however not all artists opt in.

It should be the norm that in 2014, if a person wants to download an MP3 rip of an album for free, they should be able to do it. If Pirate sites make so much money from advertisements, then why don’t the record labels provide the same service that they pirate sites provide and even reward those uploaders for continuing to spread culture instead of locking it up.

The audience wants to support the artist however they do not want to line the pockets of the record label bosses while the artist they love gets a pittance for their creations.

Let’s think about why record companies came into being. Printing records is expensive. Distributing music also used to be expensive. Hell, even recording used to be expensive.

Now, a single person can do all of this themselves for very little money.

Why do we even need record companies anymore?

Their sole purpose in this day and age is that they have the resources to still make artists visible. However Spotify showed the world that it can also break a super star. Lorde is a perfect example. She was the Queen of Streaming for over three months before the major label recording industry and the outdated Billboard charts came knocking.

And the economy of attention means that any artists that gets a chance to be heard above all the internet noise really has one shot to impress.

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

A Storm Of Record Label Investment. What About The Artists?

Yep the labels are at it again. Using money that should be paid to their artists to buy shares in another technology company.

Yep the labels are using the power that they have amassed by locking away copyrights for what seems like a lifetime to purchase shares in technology companies.

This time around Warner Music Group, Universal Music Group and Sony Music Entertainment have each bought $3 million in shares in Shazam Entertainment on top of the stake they own in Spotify.

The record labels still scream that there is no money in the recording business because of piracy.

Yet, Universal Music has also purchased shares in Beats Music and when the Apple billion dollar purchase is complete, it will be even richer.

Yet, the labels spend artist money to go to court via the RIAA against pirate sites.

Yet, the labels spend artist money to hire a company to send down digital take downs.

Yet, the labels spend artist money to lobby hard, in other words pay, for politicians to write stronger copyright terms and enforcement.

Yet, a recent IFPI report shows that the labels invested $4.5 billion in artist and repertoire.

The question is, if there is no money in the recording business,then why would the record labels spend so much money on artist and repertoire.

Because artists are the lifeblood of the music industry. And it is artists that make the record labels money.

The record labels have purchasing power because of the artists.

The record labels have status because of the artists.

The artists have made the record label executives more wealthy than the best-selling artists.

So if the record labels own shares in Spotify and Shazam, does that mean by default, the artists also own those shares.

Of course the answer is no, but it should be yes.

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

Music Is A Game of Lifers

Look at any artist or band you like and you will notice one important element. They are lifers in the music business. They are the people who have had million dollar highs. They are the people who have had million dollar super lows and losses. They are the same people who have reclaimed those million dollar highs only to see hard times come again. They are the same people who just keep on going, eventually achieving those highs again.

Dee Snider went through a long and drawn-out bankruptcy proceeding after Twisted Sister imploded. This is his big low from the platinum highs of “Stay Hungry” three years earlier. After bankruptcy he was free to make a new record and re-negotiate publishing deals.

The next high came when he signed a high pay deal with Elektra Records for the project that would become Desperado.

The next low started when Dee got that call that Elektra Records had dropped Desperado and shelved the album. That kicked off a process of more lows. Elektra didn’t just drop Desperado, they also prevented Dee from recording for any other label. Basically a record label that claims they are here to protect artists was destroying the career and personal finances of Dee Snider. Dee Snider is a SMF, so he just kept on going, trying to get out the rights to his songs returned to him. He kept on going trying to get the right to license the Desperado record to another label for a fair price. In the end, the only thing that Elektra Records would accept was full reimbursement of the money they’d laid out for the deal—$500,000, or $50,000 per song.

But, but, the record labels are here to protect their artists.

But, but, the record labels are here to negotiate longer copyright terms that will last on average over 120 years because that is the only way they can protect their artists.

The truth is, the record labels are there to make money from the lifers in the music business. It’s that simple.

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

The Real Copyright Abusers Are The Major Record Labels

The major Record Labels own the majority of copyrights and don’t they love to overvalue their content. As soon as a product is seen making money or drawing an audience from music, the big copyright owners swoop in. And when they do swoop in a few things begin to happen;

The Product will get threatened. Think of Napster, Limewire, AudioGalaxy and MegaUpload. All gone. Pandora is constantly battling against rates of payments as they struggle to make a profit. Spotify, in order to trade in the U.S had to give the major labels a share of the company. It was either that or the labels would not license them. Google is always blamed for linking to pirated content.

The Product will get litigated into non-existenance. Mp3.com, hotfile, isohunt are three that come to mind.

The Product will move on to different areas of innovation.

The Product will get saturated with content from the copyright industries that a lot of the people who flocked to the product in the first place will just move on to another product.

Like MySpace.

MySpace was once a haven for finding out independent/underground music. The whole culture and market reach of MySpace was built around this premise. Of course MySpace got so popular that it was inevitable that the major legacy players would take notice. Eventually, MySpace was littered with content from the major players. Ads of major label artists popped up everywhere and all of the independent content that made MySpace popular got pushed further into the background, making it harder to find.

Eventually those people who made MySpace popular started to abandon the site in droves, moving onto other social media sites, like Facebook and YouTube.

Anyone heard this quote from Robert A. Heinlein.

“There has grown up in the minds of certain groups in this country the notion that because a man or corporation has made a profit out of the public for a number of years, the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary to public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped, or turned back.”

Does it all sound eerily familiar? Does it sound like the attitude of the content industries for the last 40 years?

The MPAA and RIAA have never stopped lobbying the Government to pass laws that will protect their business models. Even Irving Azoff still blames technology for diminishing the music business profits instead of blaming the real devil, which is the GREED of the POWER PLAYERS. Someone like Azoff had a career on the backs of music that artists created.

The blame should be at the way the Record Labels/RIAA treated their artists and the fans of the artist.

The blame should be in the way the Labels creatively structured deals to ensure that most musicians never get paid a real dime.

Yes, back when the Record Labels controlled everything, artists are given advances, however the real term used should have been “loans on terrible repayment rates” in which the labels would add-on every expense that needs to be “paid back”.

Very few musicians ever “recouped” even after the labels made back many times what they actually gave the artists.

RATT sold 7.5 million albums in the U.S alone which meant total gross sales of $75 million. Even if the label gave them $1 million dollar advances for each album, that is $5 million the label would have spent on the band and in the process the Label made $70 million. I bet if the financials are made available, it would show Ratt as a band that still hasn’t recouped.

There is a post over at Techdirt that covers this in a bit more depth. The following comments are from Tim Quirk and how record label accounting relates to his band, Too Much Joy (TMJ):

A word here about that unrecouped balance, for those uninitiated in the complex mechanics of major label accounting. While our royalty statement shows Too Much Joy in the red with Warner Bros. (now by only $395,214.71 after that $62.47 digital windfall), this doesn’t mean Warner “lost” nearly $400,000 on the band. That’s how much they spent on us, and we don’t see any royalty checks until it’s paid back, but it doesn’t get paid back out of the full price of every album sold. It gets paid back out of the band’s share of every album sold, which is roughly 10% of the retail price. So, using round numbers to make the math as easy as possible to understand, let’s say Warner Bros. spent something like $450,000 total on TMJ. If Warner sold 15,000 copies of each of the three TMJ records they released at a wholesale price of $10 each, they would have earned back the $450,000. But if those records were retailing for $15, TMJ would have only paid back $67,500, and our statement would show an unrecouped balance of $382,500.

So going back to my Ratt example, it is a well-known fact that artist in the Eighties signed contracts that gave them a 5% cut of the album sold. Do the math? I am pretty sure it will come out that Ratt didn’t recoup.

As the Techdirt post pointed out;

“In other words, musicians don’t get paid anything in most cases, while the labels can earn a tidy profit for years and years, still insisting the band hasn’t recouped. It’s why a band can sell a million albums and still owe $500,000.”

The whole doctrine of “getting the government and the courts to guarantee profits in the future” is the reason why copyright trolls like Rightscorp have come into existence. It has also given rise to law enforcement working for the content industries as a pseudo “Copyright Police”, which in reality was always a civil matter, never a criminal matter.

In the end, the real copyright infringers and abusers are the actual Record Labels.

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

Money In Music, Greed, Elitism And A Lifestyle Of Not Taking Things Too Seriously

One thing about the world of heavy metal and hard rock was that we never took ourselves too seriously. It was always a camaraderie, a culture to have “Nothin But A Good Time”. A culture to “Seek and Destroy” and just have some fun “Smokin In The Boys Room”.

So when Zakk Wylde was playing “In This River” at the Revolver Golden Gods Awards for the fallen rockers and a picture of Jani Lane from Warrant came up, and it stated, Jani Lane, Motorhead, 1964-2011, it was just one of those things we had to laugh about. Of course, a lot people these days take stuff a little bit too seriously and the elite Motorhead fans were outraged that a wussy singer like Jani Lane was associated with their band.

Or what about when the Salem Community Easter Drama titled “Lamb Of God” actually used the Lamb of God logo on their tickets. It made everyone have a laugh. Because this is what metal and rock is all about. A lifestyle of not taking everything too seriously.

Then you have the other side of the metal and rock community, which is the elitism view.

First let’s go back to the beginning. It was all just rock, blues and folk.

Then it started to branch out into hard rock, blues rock, folk, R&B, Surf Rock, Brit Rock.

Then metal/heavy metal came into the picture, along with Southern Rock, Americana Rock, heavy rock, progressive rock and so forth.

Then came Funk, disco and punk rock.

Then came the New Wave Of British Metal and everything was just metal again for a few years. Regardless of how different the style of metal was, the audience always crossed over between genres. Fans of NWOBHM, also supported the LA metal and hard rock scene. Fans of that LA scene also supported pop rock and Americana acts like Kiss, Ted Nugent, Styx, Bruce Springsteen, Journey, Survivor, Reo Speedwagon and others.

It didn’t last for long as the genre that defined a cultural movement splintered into Hard Rock, Glam Rock, Glam Metal, Pop Metal, Power Metal, Thrash Metal, Death Metal, Extreme Metal, Progressive Metal, Black Metal, Metalcore, Groove Metal, Industrial Metal, Nu Metal, EMO, Punk Metal, Gothic Rock, Doom Metal, Djent, Technical Metal. Folk Metal and the list just goes on and on and on.

Within each genre, there is a subset of elitism within it. The type of elitism that sees the hard rock style as not just not hard enough for the heavy metal community. The type of elitism that sees Metalcore and melodic death metal as not evil enough for the “real” death metallers out there. Or the type of elitism that sees progressive metal as just not brutal enough compared to death metal or black metal.

Sort of like an episode I saw on the cartoon show “Metalocalypse” where the new song that the band Deathklok was writing just wasn’t brutal enough according to their singer.

The elitism goes both ways, where elitism in hard rock sees other metal bands as not melodic enough.

In some occasions it is simply down to taste. People enjoy the pop structure of the “verse – chorus” sing a long, every day, all year round.

The way I see it, people either praise someone else’s success, or they try to tear it down because they believe they should have been there and that someone stole their ride.

People attach themselves to this cancer within them that says “If this band made it, they suck” because they don’t want to admit that they wish it was them on that throne. They don’t want to admit that they are undeserving because they are not qualified or talented enough or good enough.

From the people that I know, and doing some crude math, eighty percent of wannabe musicians drop out when the going gets tough. The remaining twenty percenters keep at it, networking, planning, practicing, creating and moving on. Then from those twenty percenters, another eighty percent drop out due to starting or having families, which means that they have obligations and the need to have a stable income. So let’s say 100 start off. After the first cut, 20 will remain. After the second cut, only 4 will remain.

See no one tells you that when you reach a certain age, the power players in music don’t really want you. That is why the focus is on the young. It’s like McDonalds. Get em young and work em hard for less money.

Making it is hard work. It involves a lot of variables and the main one is luck. Very few make it and a lot of others have excuses for failing.

Sort of like the people who always scream to anyone who cares about how Spotify is killing the music business and pointing to pay out figures without giving the full picture as to how much the label took, how much the manager took, how much the publishers took, how much the lawyers took and how much went to the slush account for expenses.

Seen what Jared Leto said recently.

“We all know that, as content creators, artists and musicians, a great deal of our work is going to be streamed, but the issue is that artists are getting the short end of the stick. The streaming companies are paying record labels, but record labels are not paying artists.”

I have been saying this for a long time in other posts that the greed of the record labels is putting a stain on the streaming model.

“Record companies are taking giant advantages, they’re taking pieces of stock options or technology companies in exchange for guaranteeing rights to artists’ streams, there’s all kinds of deals being made, and artists aren’t a part of those deals.”

This is a biggie. Spotify needed to give over half of the company to the Major Record Labels so that they could operate in the U.S. What did the Major Record Labels use as their bargaining chip in these negotiations?

Yep, you guessed it, the right to access the music of artists past and present. And as Leto alluded too, artists are excluded from these conversations and negotiations.

Spotify is a great enabler of getting music out to the masses. It’s also set to overtake iTunes in Europe due to the closing of a digital tax law loophole in the UK – that put an end to all song downloads being priced at £0.99 ($1.79AUD). This in turn is means that iTunes is expected to lose consumers opting for subscription streaming services instead of paying for each track as a download.

In relation to the heavy metal and hard rock communities, they are not doing a really good job at promoting Spotify by still relying on album sales as a measure of success. Streaming is a tried and true business model. Hell, the whole free to air TV industry is the same model as the free streaming option. And the TV stations made a monza. In 2014, there is no fundamental reason why music needs a “sales” business model.

And while popular culture artists are raking in 100 million plus streams a song, metal and rock bands are still going the mp3/CD sale route. It is the wrong way. There should be no reason why a metal act should not have a song that has surpassed 100 million streams on Spotify by now. No reason whatsoever.

It’s the selling (instant money in the pocket right now) mentality versus the streaming (money in the pocket later) mentality and everyone wants to be paid right now. From the labels, managers, lawyers and producers, down to the individual band members. Everyone wants money to live on and get by.

But music is a risk game. Music was never an industry that guaranteed an income.

So why are bands pushing that argument.

Guitar World ran an article back in April 1997, about where are the Eighties Guitar Heroes now. Now meant 1997 for the article. One of the questions they asked each guitarist was their FINANCIAL STATUS. This is what they had to say;

WARREN DeMARTINI (RATT) – “It’s not like I never have to work again, but I had the luxury of not doing anything right away and I really enjoyed the break.”

“Out Of The Cellar” sold over 3 million copies in the U.S. “Invasion Of Your Privacy” sold over 2 million copies in the U.S. “Dancing Undercover” sold 1 million copies in the U.S. “Reach For The Sky” sold over 1 million copies in the U.S. “Detonator” sold over 500,000 copies in the U.S.

In total Ratt sold over 7.5 million records in the U.S. Using the average retail price of $10, you can do the math on the gross sales of Ratt’s music.

And that break that DeMartini took was roughly 12 months. After that he was a touring guitarist for Whitesnake in 1994, releasing instrumental albums in 1995 and 1996 and new Ratt albums in 1997 and 1999.

In other words even though he was the main songwriter in a band that grossed $75 million in album sales in the U.S alone, he still had to work his arse off.

REB BEACH (WINGER) – “I’m certainly not set financially. I still have to work. I didn’t sign the best contract. Back then, it was ‘Sign this, or we’ll get another guitar player.”

ERIK TURNER (WARRANT) – “We made millions and we spent millions. Now we’re like everyone else: we work for a living.”

BLACKIE LAWLESS (WASP) – “Slow and steady wins the race. We’re a lot better off that a lot of bands that sold a lot more records at one point because we have a cult following. We have the most devoted fans in the world. I’ve never seen anything like it.”

STEVE BROWN (TRIXTER) – “We came out of the whole thing in decent shape. We all have to work, but we don’t have any day jobs and I have a nice house.”

TRACII GUNS (L.A. GUNS) – “I’m by no means set. But I’ve established myself where people buy my records and come out to see us live.”

There is a lot of money in the music business and the ones that create it are the least underpaid.

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

A Look Back

2009: This week (April 1 to April 6) – 5 years ago

Record Labels: The 360 deal had a lot of headlines as financially challenged record labels began forcing acts to give up income from touring and merchandise for almost nothing in return.

Innovation: A new anti-piracy law in Sweden meant that the VPN encryption industry got a new boost. This more or less pointed out that playing Whac-A-Mole over file sharing was useless.

PIRACY: The RIAA was still pushing the whole “Music is theft” argument. The RIAA was still pushing their whole “music acquired illegally = drop in revenues”.

DIY: Halestorm: Read this Techdirt article from April 2009. There is a reason why Halestorm is one of the main leaders of the current crop of rock bands.

A quick summary of the post (their debut album was still not released);

– Lzzy starts solo with a guitar around her neck and a mic, just singing acapella. Long notes, killer voice. She has people cheering for her before the rest of the band even walks out on stage. Before her voice gets hidden behind the rock, she lets ’em know she can sing and you can see people are impressed straight away.
– The rest of the band appears and they tear through a few songs. It’s straight-ahead rock, on the heavy side but ready for pop radio. Everyone in the band is high-energy and engaging, even Lzzy’s brother Arejay on drums is standing up for parts of the songs and just generally being a showman.
– Mid-way through the set Lzzy announces they have a new record coming out in a few weeks but you can buy a pre-release of it now for $5 at the merch stand.
– There’s a drum solo-y part that doesn’t go on long and ends with the entire band at the front of the stage playing drums and the crowd cheering as they go crazy with it.
– During the last song Lzzy reminds them that they have their own merch stand upstairs and CDs for only $5. She also says the whole band is going to be up there after their set and that she wants to meet everyone.
– I head over to the merch stand after the show and watch their tour manager relieve the woman who runs the merch table so she can disappear into the crowd below with a box of CDs with “Halestorm CDs $5” written on it.
– The merch stand is mobbed. It’s surrounded by people and they are selling merch literally as fast as their tour manager can manage.
– The band appears (after breaking down their own stage setup) and meets and talks to as many people as possible, while helping to sell their merch.

As Ian Rogers from TopSpin noted:

“The band is doing everything right. They’re using every opportunity to connect with fans, while also giving them a real reason to buy. They’re not waiting for their record label to get them on the radio or MTV. They’re doing everything they can to actually build up a rabid supporting fanbase from the bottom up.”

And that is what every band should be striving for. Connecting with fans and giving them a reason to buy.

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