Tag Archives: Record Labels

A to Z of Making It, Music, My Stories

The Ugly Truth

The major record labels put money first while a true artist sees money as a secondary product that is made in the process of creating great music.

Record Labels live by a plan about what to release and when to release it, while an artist lives by using their intuition and experience. They improvise. That is why so many of the great songs that we have come to known are products of improvisation and jam sessions. Capturing lightning in a bottle.

Look at all of the Jimi Hendrix recordings released. Each one of them have different alternate takes of songs that failed to make the cut. He jammed and improvised those songs a hundred times before he was happy with the ebb and flow of the track.

If you want songs that make money right now, call Max Martin. If you want a career, improvise and allow those glorious experiments to grow and reproduce.

Record Labels want to sell a lot right now, while an artist is looking to have a career and live forever in the hearts and minds of music lovers.

Record Labels/Tour Promoters calculate while artists inspire. AJ Maddah is a businessman/tour promoter of the Soundwave festival here in Australia. However, he fails to realise that the reason why people go to Soundwave is not because of AJ Maddah, it is because of the acts. It is the acts that inspire and mobilise the core. Treat them with respect.

Technologists today are like the artists of the Seventies and Eighties, while those artists of that era are all entrepreneurs/businessmen.

Technologists are pushing the boundaries with their creations, dropping products that the public didn’t really need and then making the public want those products. In the meantime, artists are giving the public what the artists believes the public wants, so that they don’t lose the status that a hit song from 1986 created for them.

Hit songs/albums are not made by marketing or an artist telling the world it is their best work. They are made by cultures of people who connect with the song and then share their love of that music with others.

Record Label execs come and go, however the record label corporate entity still remains. Artists on the other hand are one. Once they leave, their creations stop.

Cheap mediocre goods might sell millions in retail businesses however mediocre doesn’t cut it in music. Hence the death of the album format.

Record Labels want safety and assurance that their risk will make money. Artists are all about risking it all until some of those risks start to pay off and then some of those artists start to become the same as the record label. Looking for safety and assurance. The others will still go out on a limb and risk it all.

Record Labels are all about the wealth, the Forbes Rich List and flying private. Artists are about the essence and then when they see the talentless executives living it up on the backs of their creations, artists change and become obsessed with the same trappings that consume the Record Label hierarchy.

Record Labels think of how they can monetise the album/song. That is why they strike corporate deals with other entities for crappy pre-release streams and so forth. Artists just want their fans to hear the new music and hit the road to promote it.

Record Labels lie while an artist lays it all on the line, by telling the truth and being transparent about their lives.

Record Labels want to reach people who will pay, while an artist wants to reach and touch everybody.

Record Labels cease to be when they run out of money, however an artist never stops creating.

Record Labels judge success by how much money the artist made for them. The artist judges their success by how many people their music touched and what impact it had on society and culture.

Record Labels are here today and gone tomorrow. Look at the situation we have right now. It is down to the big three. Of course we have the independent labels. Some are good and some are bad. However, music lives forever. We know that Metallica released the Black album. We know that it is still selling. Do we care on what label it was on?

If a record label exec screws up they could lose their job, however there is a good chance that they will find another high-powered well-paying job. If an artist messes up, there is a good chance they could lose their career.

Artists realise that music is a craft and it takes practice to nurture it to something great.

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

RANT ALERT: Copyright, Rock N Roll Hall Of Fame and The Walking Dead

BUSINESS MODEL PROTECTIONISM

It’s pretty pathetic how the entertainment industries need to get governments to pass laws and update laws every time there is a shift in technology. Remember, back in the Eighties, when the boss of the MPAA Jack Valenti proclaimed at a Senate Congressional Hearing that the VCR’s are to the American film producer and the American public as the Boston strangler is to the woman home alone. Yep, that is right, the head of the MPAA said that in 1982.

Fast forward a decade later and VHS sales of movies proved to be a very very large income source for the movie industry. So if the MPAA had their way, this technological innovation would have been killed at the beginning. Sort of like how the music industry reacted when Napster exploded. And due to that poor reaction, they allowed piracy to grow and due to their unwillingness to license Spotify, they allowed YouTube to become the unofficial streaming king.

All of this innovation happened because of copyright infringement. If all of the innovators followed the law or asked permission from the Record Labels to go ahead, well, no innovation would have been possible, because hey, any innovation in the entertainment industry that is not controlled by the gatekeepers is like the Boston Strangler to their business profits.

Let’s get one thing straight. Copyrights have been infringed forever by consumers of music and it still hasn’t killed off the music business. The difference now is that the main holders of Copyright are large corporations called Record Labels, who have the cash to go all nuclear with lawyers on people that violate that copyright.

So when it comes to negotiating new laws for copyright, it is these large and cashed up business entities that are lobbying politicians.

So what we have is a disconnect. The copyright industries want the tech industries to introduce measures to reduce piracy. The copyright industries want ISP’s to introduce measures to reduce piracy. The copyright industries want Governments to introduce measures to reduce piracy. The copyright industries want Judges to introduce measures to reduce piracy. Basically, the copyright industries want everyone else to help them, however they choose to do nothing themselves in terms of innovation.

Call it the last screams of the ENTITLEMENT EXECUTIVES.

That is why take down requests from copyright holders are going through the stratosphere. The Entertainment Industries are abusing a law by trying to catch a site that is NON-COMPLIANT. If the site that is hammered with the robotic takedowns doesn’t comply then they could be held liable.

This is not what copyright is designed to do.

Copyright was always designed so that the creator of a piece of work is granted a certain monopoly on their works and by that grant they can then sell their right to copy their work to another entity in exchange for a fee. A quick search of Google for the definition of Copyright states that it is “the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.”

So now add “The Record Label” to the definition. The definition would read something like this;

“The exclusive and assignable legal right granted to the originator who then sells that right to a corporation for a fixed number of years (in some cases, for their whole life plus 70 years) so that the corporation can print, publish, perform, film, or record literary, artistic, or musical material.”

Burton C Bell from Fear Factory didn’t know how much his songs were worth when he signed his first contract with Roadrunner Records.

Imagine a young up and coming sports star who is signed to an NBA club for peanuts and then after a season or two, shows that they are really a star athlete. Two things would happen to that sports star. The NBA club that they are with will either up their contract to match their new-found stardom or a new NBA club will swoop in and make them an offer they cannot refuse.

Fear Factory showed Roadrunner that they are a star athlete. Instead of getting a better royalty deal they got the same rubbish for 20 years plus. Instead of being allowed to negotiate with other labels and getting a transfer to test their net worth, they got locked into a restrictive contract with terrible payment rates.

Copyright is too distorted and removed from what it was intended to do. It needs a rethink and a massive re-write. The kids of today, the ones that pirate, will one day step up into government and then, change will happen.

THE WALKING DEAD

It’s passed its prime.

The last half of Season 4 was by far the worst. It is a yawn fest of massive proportions. The only two episodes worth talking about so far is the Rick Grimes House episode. The house when the group that Daryl is with right now decided to crash it.

And the other one was the Carol episode with the two little sisters. However I still have issues with that episode, as I saw it just an episode put there to shock, instead of progressing the story line.

AMC is down two big shows in “Breaking Bad” and “Mad Men”, so they are pumping all of their resources into milking TWD.

Seriously spin offs. It only dilutes the main brand. Think of “Law And Order” or “CSI”. They had so many spin offs it got to a point of silliness.

The main show runners in Frank Darabont and Glen Mazzara got booted for various reasons, with TWD comic creator Robert Kirkman being behind the Mazzara booting. One thing I can say is that comic book writers should stick to comic books. They are not TV show runners.

Frank Darabont got the TV show up and running. It is the house that Darabont built in it’s tone, settings and style. Not Robert Kirkman.

Prior to the show exploding, The Walking Dead comics had a cult niche following. Now it has a popular culture following. And that is because of the TV show. Not because of the comics. The comics provided the story, however how original is the story when the whole Zombie genre is copyright free.

I actually went and purchased the comics recently for my Christmas Present. And that is because of the show.

ROCK’N’ROLL HALL OF FAME

They call themselves “leaders in the music industry” that joined together to establish the Rock and Roll Hall of Fame Foundation.

Joe Elliott from Def Leppard called it as it is. Elliot called them a “board room of faceless tuxedo-wearing morons” who decide such things based on their own determination of what’s cool. And with that, a final lyrical quote from the great James Hetfield

“Who made you God to say”

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

When Are Artists Going To Realise?

Asking Alexandria

They are a hard rock band. When are they going to realise that? Drop the stupid screamo vocals and step up the clean melodic vocals. Drop the used and abused metalcore guitar trends and step up the hard rock guitar hero status. It’s time to rock n roll.

In the song, “Until The End” they sing that they want to be the best that they could be. And that best for them lays in hard rock. If I was their manager, that is the advice I would have given them after the first album.

The recent album ”From Death To Destiny” had 13 tracks on it. They needed a John Kalodner type persona to tell them that those 13 tracks needed to be streamed down to 10 and then have all of them re-recorded with clean vocals. Hell, I can even cut the list down to 5 songs.

The Death Of Me
Moving On
White Line Fever
The Road
Until The End

And chuck in the song “Someone Somewhere” from the “Reckless and Relentless” album and they will have six.

And what the hell is going with their Spotify account. Over 100,000 followers and not one song that has a stream count over a 1000 streams. Something fishy going on there. It looks like Spotify is employing the old MySpace tricks.

The Stan Lee Wealth Paradigm

Stan Lee has been involved in creating the stories around a lot of the iconic characters associated with Marvel Comics. Since these characters are box office superstars, people normally make assumptions that Stan Lee is loaded. However that is not the case.

Did you know that Stan Lee never owned the rights to the characters he created? Yep that’s right, he was a writer for hire and Marvel is the actual owner of the characters.

Did you also know that all the web sites that state his net worth at $250 million are full of shit. This is what Stan Lee had to say about his net worth:

“I don’t have $200 million. I don’t have $150 million. I don’t have $100 million or anywhere near that. I was happy enough to get a nice paycheck and be treated well. It was a very good job. I was able to buy a house on Long Island. I never dreamed I should have $100 million or $250 million or whatever that crazy number is. All I know is I created a lot of characters and enjoyed the work I did.”

Musicians would kill for a nice paycheck and to be treated well by their label.

Musicians would kill to be able to buy a house and pay it off.

What we have in music is a massive disparity between the blockbuster acts (the 1%) and the rest.

Did you know that the record labels are saying to artists who are seeking to reclaim their copyrights that the works they created are “works for hire”? Hell, Gene Simmons pulled this trick in his battle with Vinnie Vincent over royalty payments and the judge agreed with Gene Simmons.

When are artists going to realise that their fate is in their hands?

Also the Stan Lee situation opens up another conversation.

All the developers that worked/work for Apple over the years create software that makes up the Operating System that underpins the Apple products range. As popular as those products are, the developers get their wage and that is that. They don’t claim copyright on the code they create.

So an artist is signed to a label. The label gives them an advance to record an album. The artist goes into a studio and records the songs that they have created. The label then releases the album (under the name of the artist) and hopes to god that it resonates and that it sells. To the label legal team it sounds like works for hire?

LESSONS FROM COREY TAYLOR

Take Risks. Don’t get pigeonholed writing the same stuff over and over and over.

Trivium ticks these boxes. They sure take risks musically. However AC/DC built a stadium sized career by writing the same stuff over and over and over. Because it works for one, it doesn’t mean it will work for all.

Don’t repeat yourself as a lyricist. Take new roads, open different doors.

If you want to repeat yourself, join the Max Martin or Dr Luke team. Hell, call Jon Bon Jovi and ask him for a co-write.

If you’re not feeling it, get away from it.

“St Anger” came out that way because the main songwriter was not there mentally for it.

RECORD LABEL CONTRACTS and ROYALTIES

It’s time artists take the power back and burn up all of these shitty record deals they signed as kids when they had innocent dreams of making it. Fear Factory’s Burton C. Bell had this to say about Roadrunner Records and its founder Cees Wessels;

“I still get royalties. It comes in, but it depends how much we work, how much we tour. If we tour a lot I see better royalties, if we don’t then I don’t. I have no idea when we’ll get the rights back [to our catalog], because that Roadrunner contract is bullshit. I literally signed a deal with a Dutch devil. But when you’re young, you don’t care. You’re 23 years-old and ‘we’re going to give you an advance to make your first record, we’re gonna put you on tour, sell your shirts in all the stores. You are gonna to be famous!’’Alright, make it happen!’

When are artists going to stand up for themselves and stop the label from treating them like shit.

We asked Roadrunner ‘what’s going on?’
Roadrunner Replies; ‘You’re not selling any records. That’s not my fault, that’s your fault.’
We said; ‘How is that my fault?’
Roadrunner Said; ‘You didn’t put out the right record.’
We said; ‘Did everybody not put out the right record?’

Every single label failed their artists by not innovating. The analog dollars vs digital cents mess they got themselves in, is purely of their own doing.

The Macklemore Lessons

Be in it for the long haul. The career of Macklemore has been a long one (14 years and counting). There’s no such thing as an overnight success.

Five Finger Death Punch and Volbeat are two bands that I dig a lot. Look at the musicians in each band and you will see lifers.

Michael Poulsen from Volbeat started his first death metal band Dominus in 1991. During that time, Dominus released an album called Vol.Beat. When the band broke up in 2001, Volbeat the band was born. It wasn’t until 2005 that the first Volbeat album dropped. It wasn’t until Metallica picked em up as openers in 2009, that their US career kicked into overdrive. 22 years in the business. That is a lifer.

You can do it without a major label backing you. You need people, lifers like yourself that believe in you as your team. Create relationships and remember it is a two-way street of giving and receiving

Metal and rock bands are not really good at this shit. They need to get good at this. The new breed of artists coming through will overtake them on all fronts.

A huge hit doesn’t guarantee your future in the music industry.

Music is a risk game. As long as you focus on your core and don’t alienate them, you will have a future. If you start chasing that “hit part 2”, then prepare to lose, as the label will abandon you as soon as you fail, however the core, will stay true, only if you are true.

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Copyright, Music, My Stories

Is Spotify Suffering From The “Newness Wears Off” Syndrome?

You know the drill. A new technology comes out and eventually it will start to get some traction. Then the word will spread about and everybody flocks to it. It’s new, it’s cool, it’s hip and its innovative. Then when it is at its peak, the people who testified for the new tech, will abandon it, looking for something new and better.

Look at the history of technology innovations and you will see a pattern.

MySpace, Facebook, Twitter are three such platforms that came, peaked and right now are suffering an identity crisis.

MySpace is finished.

Facebook got traction because it connected people in a way that MySpace couldn’t. Now, all of these connected people need to deal with the marketing of products, advertisers, like requests, fake friend requests and spam.

Twitter is well, Twitter. With so many people tweeting or having their tweets connected to their Facebook Posts or their blog posts, everything is getting lost in the mix. When a big news item hits, Twitter is the platform to go to, because people who are directly involved in these big events are the ones that are tweeting.

So what about Spotify. It has been around for a while now and in the last 3 years it set up base in a number of large music markets like Australia, Canada and of course the US.

The people tried it. Some have stuck to it. Some have abandoned it. The ones that speak out against it have never used it.

With the rise of Beats Music, expect the young ones (kids born from 1991 onwards) to go off and explore it. They will give it traction. Then the mainstream will talk about it, trump it up and the young ones will go into something else while the old guard moves in. Like Neil Young who seems to think that people really want large music files taking up large amount of space. Sort of like Facebook. It was the mecca for the youth. Then their parents joined and the youth bailed. No one wants to be friends with their parents on Facebook.

In relation to music, bands on record deals were real slow in adopting Facebook, while the independent bands started using it ASAP. I don’t even have a Facebook account anymore and when I go onto it, it is purely to see what my favourite bands are up to and what people are talking about. In a way it has become like a go to website.

Spotify however needs a game changer. Sort of like how the move to APPS changed the iTunes store. And it’s all about the FREE. Fans of music showed the world that they want FREE music to listen to. And don’t say that FREE doesn’t work. How the hell did Free To Air TV exist and grow over the last 60 years.

Beats Music needs people to vouch for it, promote it. And when people finally get around to using it, it needs to deliver. However, for the kids, YouTube does the job. And that’s the world we live in. One that has all the information that we require at our fingertips and its FREE. Notice the emphasis on FREE again. The public spoke out big time when Napster crashed the party. Our friends testified about it and then we testified about it to others. No one even raised the question of copyright infringement because it was so damn cool.

So what is cool today?

I am all over the shop when it comes to music. I still purchase CD’s from the bands I like. This is more or less done from Amazon and I get the AutoRip feature with it, so then I download the mp3 version of the album to place on my iPhone. I stream music on Spotify. I refer to YouTube. My kids are YouTube fanatics.

And the funny thing is that I don’t use iTunes anymore. Who would have thought that day would have come. And that is what Spotify needs to think about it. Now that the newness has rubbed off, what’s next. Consolidation. How can you consolidate when the modern paradigm is DISRUPTION?

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

The Labels Want To Be The Good Guys

The labels want to be the good guys. They really do. However their lobby group the RIAA does not carry itself it in public in a manner that is acceptable. They put across an image that all the labels are focused solely on the now and what money can be made now. They put across an image that all the labels have no interest in planning for the future. Then the labels follow suit, flying the bullshit flag from the RIAA.

Regardless of the labels motives and business sense, they will survive.

Read the financial reports on Universal Music Group. Spotify has propped up their bottom line and that bottom line will get better each year. And with money, comes power and relationships. So how do the major metal and rock labels rate in relation to influence and relationships.

Century Media Records and Nuclear Blast are still independent labels. While Century Records lost their cash cow “In This Moment” to Atlantic, Nuclear Blast gained a new cash cow in “Machine Head”. Looking at the rosters, Nuclear Blast has surrounded themselves with a stronger group of artists however Century Media are the ones out there trying to identify new talent. Both labels will be around for a long time.

Frontiers have become a major player in the classic rock, melodic rock and hard rock scene. Frontiers kept the flag of melodic rock flying high since 1996, when all of the other major labels put their monies into grunge first and then industrial rock/metal and then nu-metal. Now that they have traction, I am just confused as to what their business model is.

Let’s sign up all the classic popular artists from the Eighties and get them to re-record some of their classics along with new music. CHECK.
Let’s get artists from different bands together to do a super group project. CHECK.
Let’s get female singers to re-record melodic rock songs that the label president likes. CHECK.

What about identifying new talent and breaking that new talent to the masses with creative and innovative ideas? NOT CHECKED.

Metal Blade is still independent however with strong ties to Sony Music and Warner Music Group in relation to distribution while Roadrunner used to be owned by Universal between the years, 2000 and 2006 and after that, they are under the control of Warner Music Group.

Roadrunner is still the major player here, however with ties to Warner, expect them to be “RIGHT NOW” profit driven and be all about the HYPE. With all the corporate deals they organised on the new Dream Theater album, they would have made up the advanced money plus the recording costs and more.

Spinefarm Records is part of Universal Music Group, with a lot of power to operate independently. They are getting out there and signing new talent. However, like all of the above labels, they are stuck in the old way. And that is the ALBUM.

They just need to realise that it is not about the sales anymore. While Steaming numbers and revenue are still small today, in the long term the labels will be able to reap the benefits.

Why?

Because streaming is a regular recurring revenue business.

For example, I have been streaming “Strife” from Trivium non-stop. Each stream is regularly producing revenue for that song. If I purchased that same song as a download, the revenue produced would be at the time it was sold. Every time that I would have listened to “Strife” at home or on my iPod or on my smartphone would not have produced a cent. All that the band or label would have made from me is the sale of the downloaded song. However with streaming they will continue to make money long after the album is released.

So if anyone believes that streaming is bad for music and that it is going to kill the incentive to create new music, tell them they are uneducated. If bands or artists are complaining about their payments, then they need to negotiate better deals with their labels or get back their Copyrights.

Let’s put it this way, if Metallica is on Spotify, then the rates paid back to the COPYRIGHT HOLDERS (and Metallica do own their Copyright) must be good, because Lars Ulrich and Cliff Burnstein would not allow Metallica to enter a business arrangement that is not in their favour.

The real truth is that there is much more music out there than there has ever been, so the issues that are present to artist and labels is how do they get people’s attention directed towards that new music.

Personally, I don’t even know anybody who pirates music anymore. There is no reason to pirate and legitimate customers/fans would always turn to legal alternatives.

In relation to sales figures and charts. Goneski. No longer relevant. Sales (as a stand-alone measure) no longer means anything. Focusing on recording sales is old school thinking. It’s all about everything else today.

“Recording Sales Revenue” plus “Streaming Revenue” plus “YouTube Ad Revenue” plus “Ticket Revenue” plus “Merchandise Revenue” plus “Corporate Deals Revenue” plus “Sponsorship Revenue” plus “Publishing Revenue” plus “Licensing Revenue” and then decide if you are winning or not.

Again, if you are not seeing a lot of revenue, then you need to be speaking to your label, because if you have numbers in all of the above Revenue streams then something is a-miss contractually.

Another thing that the metal and hard rock labels need to understand is that they reside in a niche. The heyday of when that niche was mainstream is long gone. Today, certain artists might have a crossover song that many people will latch onto and then it is back to the niche.

“Adrenaline Mob” released “Men of Honor” last week and by the end of the second week it will be forgotten. The songs are great, the musicianship is great, so what is the problem. The hard core fans picked it up and everyone else doesn’t know about it. It’s a twenty four seven job staying in the public eye and it’s god damn hard. It’s the labels job to figure out it out, however the labels don’t want to spend the money to innovate, so what they do is get most of the hate directed towards them because of their monopolistic extortion like practices from back in the day.

If the labels want to be the good guys, they need to be more transparent. They need to call out the RIAA when they spin shit. They need to do be realists and sensible. And the main thing they need to understand is that the days of when they had control of the distribution channel are long gone. The profit margins from the CD sales are never coming back. So don’t dwell on the past and start to move forward.

http://theconversation.com/music-sales-slump-is-streaming-or-the-music-industry-to-blame-23901

http://www.billboard.com/biz/articles/news/5915732/spotify-drove-universal-musics-75-jump-in-streaming-revenue-last-year

http://torrentfreak.com/artists-think-instead-spewing-spotify-hate-140222

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

Music Trends in Hard Rock and Heavy Metal – What’s On The Up and What’s On The Down

ON A DOWN SLOPE

DAUGHTRY

The band leader, Chris Daughtry messed up big time chasing the crowds of “Train” and “Imagine Dragons”. He was a hard rocker from day dot and that is what gave him his legion of fans. For the ill-fated and recent “Baptized” album, he committed career suicide, throwing his lot with the hit songwriters. The songs are good, however they are not Daughtry songs. It would have been better for him as an artist to have given those songs to other artists that are more electronic pop rock minded. Daughtry needs more music right away and they need it to ROCK.

RECORD LABELS

The major metal and rock labels will continue to sign the bands and artists that had success in the Eighties and Nineties and get those bands to release forgeries of their greatest hits. It’s all about locking up the songs under copyright. “He who owns a lot of copyrights, will make a lot of money in the future, when said artists are dead and buried.”

In relation to new bands, they will sing fewer bands on even more shittier deals and shift their efforts to breaking them. It doesn’t mean that we will pay attention. It will be bands from certain niche’s that will break out and we will gravitate to them.

Also no one wants to pay. Look at the APP business. The highest downloaded APPS are all free ones. And they are still making money. We are happy to provide our private data to Apple and Google, as long as we get what we want, with no strings attached. If a record label has a business model that is dependent upon people paying, re-evaluate.

KIRK HAMMETT

He is out of touch. We live in a world right now that is connected 24/7. A lot of those connections happen because of social media. So his recent, “Ivory Tower” comments about social media show just how out of touch he is. Also from seeing him play live on three occasions, he has made a career on the coat tails of James Hetfield and Lars Ulrich. Don’t believe me, watch the making of the Black album, especially the scene when Bob Rock tells him that the solo he just put down for “The Unforgiven” is garbage.

HYPE

We can see through the hype and we hate it. So much hype was around Dream Theater’s self titled release and it disappeared from the conversation within six weeks. Megadeth’s “Super Collider” is being outsold by the Black album. Daughtry’s “Baptized” took forever to record and it did nothing. You can’t have a song called “Long Live Rock N Roll” and not have it sounding anything like ROCK. It sounds like that one hit wonder song “I Wish I Was A Punk Rocker With A Flower In My Hair.”

RESPONSE SYSTEMS FOR COPYRIGHT INFRINGEMENT

NAPSTER showed the music business and the entertainment business at large, how fans of music, movies and books want to consume content. They want to download it easily, free of DRM, use it in any way they want and they want to do it for free.

For all of the talentless CEO’s that flew in private jets off the hard work by the artists, this was a big NO NO. So off they went to their lobby group arms, the RIAA and MPAA and they started to lobby hard the governments. The various sister associations around the world started to do the same thing. The best thing they could come up with is a graduated response system, financed by the ISP’s. It failed in France. It failed in New Zealand. In the U.S it is hard to tell, especially when you have a copyright troll like Rightscorp shaking down IP addresses. So if Rightscorp is sending shake down notices to ISP’s, then why does the US have a graduated response scheme?

The bottom line is this, the people who the RIAA and MPAA want to catch are years ahead of them in INNOVATION. And INNOVATION is what they should be focusing on.

THE ALBUM FORMAT

We are challenged with time and we only want the best. Since we are allowed to cherry pick, we will. Heavy Metal and Hard Rock artists need to understand they are in the hit business. It doesn’t matter if they are radio-friendly or not. Each band in each metal and rock genre, needs to create that song that hits us on the first listen.

That is why bands like Five Finger Death Punch, Avenged Sevenfold and Shinedown are so successful. They get the game. That is why Killswitch Engage is successful. Adam Dutkiewicz understands the power of a massive chorus. That is why Trivium is having a career. Over the course of all of their albums, they always had a song that had “hit potential” for the genre they are in.

Making money is hard. Just because a band releases an album, it doesn’t mean that we want to pay for it in its entirety, especially if it has got a couple of crap songs on it. It’s better to release 8 songs that a “certifiable smashes” instead of 12 songs that have four crap ones. However, it turns out the public still has time for Metallica’s “Black” album. It is still moving two to three thousand units a week and it is expected to pass 16 million by May.

Artists need to think about the no limits that digital offers them. We want the good stuff. Artists need to think about how they can provide us the good stuff, without resorting to the album format. Don’t base your career on dropping an album every two years. An artist needs to base their career on constant events.

GOING GOING ALMOST GONE

CLASSIC ROCK

The artists are on their last legs. Motley Crue is ceasing to tour, however stand alone shows, plus new music are still in the works. They have hit the same markets over and over again since their 2004 comeback and in between they have released 3 new songs on a “Greatest Hits” album, 13 new songs on “Saints of Los Angeles” and 1 new song in 2012. The train is slowly coming to a halt.

Aerosmith released a DUD. The train is not a rolling anymore for them. All up, Classic Rock bands have maybe have another 10 years left.

A transition is happening. The younger acts are generating touring dollars, playing smaller venues and at affordable prices. It’s happening.

ON THE UP

STORYTELLING

That is why TV shows are the most downloaded torrents of all time. Tell a good story and the world will be at your door step.

RICHIE SAMBORA

Seeing him in Australia, he is invigorated and he is having a blast. Not having to play second fiddle to Jon Bon Jovi, he is branching out again and this time, his roots are strong enough to balance his branches. The “Aftermath Of The Lowdown” is the best hard rock record from 2012 that went unnoticed because it was released so close to his Bon Jovi work.

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Copyright, Music, My Stories, Piracy

Record Label Innovation V3.0 – The Ultimate in Vanity, Exploiting Their Supremacy

Wow, another busy week is over and record label innovation is in full swing again.

Over at TorrentFreak there is a story from Ireland about the Record Labels asking the Court to force an Internet Service provider to disconnect music pirates. Alleged music pirates that are identified by the Record Labels via the IP address. Alleged music pirates who have no rights to due process.

James Hetfield barked “Halls of justice painted green, money talking”, and how true is that. The Record Labels are cashed up and they will go back to the Courts over and over again just to get a judgement in their favour. Justice is based on who can pay the most and the ones that pay the most, twist the argument to suit themselves.

There is also a story of Comcast in the US sending out over 600,000 notices to its customers. The actual customer that owns the IP address linked to Copyright Infringement may not be the actual file sharer, however this small obstacle does not matter to the RIAA who spends a lot of time gathering solid evidence (yeah, right) on copyright infringers. Again, alledged copyright infringers who have no rights to due process.

Power Wolves Beset Your Door
Hear Them Stalking

The Copyright Alert system is just that, power-hungry and cashed up wolves, stalking for a way to get the internet under their control.

Soon You’ll Please Their Appetite
They Devour

The Copyright Alert system is a shakedown. Within 2 years, it will be dubbed a failure by the RIAA and then they will push for another SOPA style law. And that is when the “hammer of justice crushes you, overpower.”

Principle Management (U2’s Management Company) has lost money for the fourth year in a row, so when Chairman Paul McGuiness gets a chance, he is quick to blame Google for his losses. Talk about sense of entitlement. Google has no reason to care if Principle Management is not making money. Did Principle Management care when Google was not making money in it’s early days, while Principle raked it in?

The Ultimate in Vanity
Exploiting Their Supremacy

The large players in the Record Label’s are exactly that. Vain people, exploiting their supremacy.

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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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Music, My Stories, Treating Fans Like Shit

The Challenge To Believe

The challenge for today’s record labels is to undo everything that they have created or has happened over the last 50 years. The record labels arose as a way to get music out of its city venue limitations and into the greater world.

Once upon a time, many many many (to borrow from Commandant Lassard from Police Academy) wonderful record labels existed. However in time these record labels formed into mega corporations with the emphasis on lower costs and high profit margins. Smaller labels got taken over by medium sized labels and in time, medium sized labels got taken over by large sized labels. Throughout the Eighties and Nineties, the labels employed people that figured out how to engineer processes and machines to drive productivity and profit.

The labels ruled the kingdom unchallenged until another corporation called social disruption reared its head.

It started with a technology called Napster and society showed the powerful record labels what they think of their high prices.

Today social disruption is real and growing and the mega labels don’t like it. It means that they have to step down from their thrones, and create real social human relationships. It means that the artists who used to be locked away and surrounded by enablers need to build personal relationships with their fans.

The ones that are failing to do it have already fallen by the wayside. The ones that achieved success during the gatekeeper controlled era of the record label are dabbling in it and then there are the ones who are just good at it.

Let’s see what the record labels are doing;

First lets get one thing out of the way. The record labels still serve a purpose. Most of the music I purchase or stream are from bands on a record label. However, they have dished out so much bad will in the last 20 years, it’s hard to be supportive.

In the last 10 years, the record labels have constantly stated that the “biggest threat” they face is continued copyright infringement. They point to research that shows how it is destroying businesses, employments and other sectors. They get people in the press and they get elected politicians on their side who believe those claims. Because, hey, big copyright monopoly companies said that copyright infringement is a threat so it must be a threat.

Did you know that Vivendi (owner of Universal Music) commissioned 23 reports and only 5 of those reports mentioned copyright infringement as a potential risk. Guess which reports got released to the public. Universal is also known as a robotic copyright enforcer. Go to Google and see their transparency report.

Did you know that Sony (Sony Music and Sony Pictures) commissioned 15 reports and only 2 of those reports mentioned copyright infringement as a potential risk. Did you know that in their recent annual report the company listed copyright infringement as a major risk to their business, however 13 reports out of 15 disagree.

The record labels seem to forget that humans need to belong. That is why we connect with family, artists, sporting teams/individuals, movies, books and the community. When we belong to something, we believe that our existence is enhanced because we belong to a certain group.

Growing up the Eighties I believed in music/artists, sports and the law. Over the last 20 years, music has done its best to disgrace itself. First off the $30 price tag for a CD. Then the Record Labels killed off the whole hard rock genre even though fans of that genre still existed. The artists that I believed in all imploded forced out of the music business by the gatekeepers.

Metallica went alternative and then went against their sharing nature when they took Napster to court.

Motley Crue went sideways when they released Vince Neil and then released a great album with John Corabi that no one heard and then when they got Vince back they went sideways again with “Generation Swine”. Then Tommy Lee left and “New Tattoo” was a bland affair. It took “The Dirt” and a couple of interesting home movies starring Tommy Lee and Vince Neil that set them back up again.

The sports team that I supported had to merge with another sporting team to become the West Tigers (I was a Tigers fan). It is now a hybrid team. Soccer (football) in Australia kept on declining in a white wash of corruption and ethnic teams.

Then after I had kids and they started to show sporting potential, I find out that the representative teams pick the best players of the parents who have the capacity to pay the $1500 to $2000 fee.

The law has shown that it was never about the law but about the people who had the capacity to pay. Copyright infringers get punishments more severe than murderers and drug dealers.

Who should I believe in now? Who should my children believe in?

Music still plays an important part of my life. The ideals of artists who have sadly departed like Randy Rhoads and Dimebag Darrell still inspire and still matter.

The viewpoints of current artists like Robb Flynn, Dee Snider, Nikki Sixx, Randy Blythe, Bob Daisley, Dave Mustaine and many others still matter.

Technology is another enterprise that I believe in. The sharing of culture and the expansion of the public domain is another area that I believe in.

And I’m finding out that others also believe the same as me.

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

What Can Lorde and Spotify Teach The Metal World? Plus The Ones That Control The Talent Will Win In The Long Run

Record labels were dependent upon record sales and when the profit margins from recorded sales shifted from high margin returns to low margin returns, they screamed piracy. To them the only way they could remain in business was to have laws passed that protected their gatekeeper based business models.

However technology and innovation is always moving forward, so while the record labels are lobbying hard for new laws, at the same time they were being pulled into the future, kicking and screaming all the way.

Spotify to me is just a legal version of Napster, that has arrived in most markets. However before Spotify was even allowed to operate in certain markets, they needed to make licensing deals with the relevant record labels and publishing groups.

Spotify came into the market with the idea that they need to compete with free. And compete they did. The service even started to break artists to the masses, something that the record labels are clueless to do in current times.

Look at Lorde.
Her song “Royals” was added to Spotify on March 19th. It did nothing.

On April 2nd the song was added to the popular Hipster International Playlist by Napster founder Sean Parker. Isn’t it amazing what a little help can do and this was achieved without any dollars going into marketing. This was purely a stakeholder of Spotify, liking a song and sharing that song with the masses.

What’s that word again? Sharing.

On April 8th “Royals” appeared on the Spotify Viral Chart. What does this mean? It means that people have started to share it.

In relation to metal, I have posted previously how Dream Theater is doing it all wrong with their album release, putting money into marketing and believing that the old school scorched earth policy would bring results. It doesn’t. Sharing is what brings results. Fans sharing your music. Hey didn’t Napster do just this. Didn’t Napster allow fans to share music.

On June 10th “Royals” started to appear on radio. Remember when radio was cutting edge and used to be hip. This is proof that radio is a format that is dead and buried. This is proof that radio is always late to the party. This is proof that radio is clueless. This is proof that radio only plays what the record labels pay them to play.

So if you are an artist and your idea is to get your song onto radio, forget it. It is pointless. It does nothing for your career today.

Go on Dream Theater’s Facebook page and they are telling fans to contact their radio stations, so that “The Enemy Within” can be added to the playlist.

To use a quote from Flying High;
“Surely you can’t be serious.”
“I am and don’t call me Shirley.”

On July 9th “Royals” debuted on the Billboard Hot 100 – three months after debuting on the Spotify Viral Chart.
See how important sales are. By July 9th, Lorde was already a super mega star. It didn’t matter if she finally made enough physical sales to enter the Billboard Hot 100. She was already a success.

This is another lesson that the metal and rock world fail to learn. They still focus on the sales in the first week and the chart position. This is so old school and not a great measuring tool of reach or success, especially for new acts starting out.

But the metal world is still clueless. This is what we get from the bands, their PR companies and the various news outlets that report on metal and rock. Here are a few examples.

Loudwire: Dream Theater’s new DVD ‘Live At Luna Park’ recently entered at No 1 on the Soundscan music DVD chart.

Loudwire: Volume 2 of Five Finger Death Punch’s ‘Wrong Side Of Heaven; lands at No. 2 on Billboard 200.

Blabbermouth: “Wretched and Divine: The Story of the Wild Ones” sold 42,000 copies in the United States in its first week of release to debut at position No. 7 on The Billboard 200 chart.

See what I mean. They are still reporting on the old system. What those websites are saying is that the first week of sales is a measure of success, which I totally disagree with. If that was the case, then the first Five Finger Death Punch album was a dud, after first week sales.

August 6 – Lorde plays her first US gig in NYC.

Slow and steady wins the race. You play where there is demand. Humanity wins out in the end. Those that can play, perform live and write their own songs will win. It’s a return to the song writer. Expect a back lash against the over processed songs written by a committee.

Forget about acts that focus on big screens and pyro technics. The people are looking for human performances. It is an escape from our increasingly digital world.

“Royals” is the most shared track in the US by a new artist this year. This is what matters. The track is SHARED. It means the fans are spreading the word, getting more people to invest time and money into you.

Spotify has finally released some information as to how they pay and it sure makes an interesting read. I have posted previously about the greed of the record labels and how that greed will ultimately kill the streaming star.

So let’s get down to the nitty-gritty. Spotify pays 70% of their revenues to rights holders. The rights holders in 90% of the cases are the record labels and publishers. The same people who lobbied hard to extend copyright terms and are lobbying hard again for longer copyright terms.

So in 2013 so far, Spotify has paid out $500 million dollars to rights holders in royalties. That’s right $500 million. When Spotify pays royalties to a rights holder they provide all the information needed to attribute royalties to each of their artists. Check out the post, it sure makes interesting reading.

http://www.spotifyartists.com/spotify-explained/

So it got me thinking about business models. It looks like to me that the new record label business model of today is to ensure that they have the talent. The one with the most talent wins.

The Record Labels are the only ones putting money out there and the rule of thumb is that if you want to dominate in the music business in the future, you have got to spend. So if record labels are spending, the talent ends up on a label.

That talent brings to the record label the following;

Any songs that BAND A writes will end up with the record label for the life of the artist plus 70 years after their death (the U.K has 90 years). So if the artist is say 30 years of age when they write HIT A, then the copyright of that song will be owned by the record label for 120 years (assuming the artist lives to 80 years of age). Talk about securing their future. Now multiply BAND A or ARTIST A by all the millions of artists who are getting into deals where they sign away their copyrights.

SECURE the most talent and be a winner in the long run.

Has anyone noticed the large push from Frontiers Records in signing up talent past and present? Has anyone noticed how they are getting the Eighties legends to re-record their classics by creating modern forgeries and in the process handing over the copyrights to Frontiers? Has anyone noticed how they are getting all of these artists together for special one-off projects like Michael Sweet from Stryper and George Lynch?

Since managers and other entities are afraid to spend on artist, the ones that do so will win. If a label is not spending money, then they are not in the game. If they are not in the game, then they do not control any talent.

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