Music

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Do they have a favourite artist?

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

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

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

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

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

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

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

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

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

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

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

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

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

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Copyright, Music, My Stories

This Is How The Out Of Touch Music Business Innovates

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

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

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

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

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

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

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

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

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

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

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

Finally you have a company called Rightscorp who is accumulating Copyrights

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

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

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

The Wall Street Journal article also mentions that the following;

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

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

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

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

The Story Of The Album – From Not Having Enough Money to Not Having Enough Time

“I don’t have the time anymore to play a 70 to 80 minute CD of a band unless it is great”.

I am constantly hearing the above statement from my peers. I am sure they are not alone. To use myself as an example, when my life was all about me, time was plentiful. Then I got married and then we started to have kids. The time that was plentiful in my youth is spread out between my wife, my three kids, my job and then doing anything in between that I could fit in for me.

So is time the reason why the album format has declined?

Going back in time, I remember going to the record store with about $20 to $30 in my back pocket. I always looked forward to those days. It was what I lived for. However as exciting as the experience was, it always had to end with me deciding which albums to buy today and which albums to buy next time around as I could never afford everything that I wanted.

So there I am thumbing my way through all the rock and metal albums. I am starting to formulate my algorithm as to what albums would end up at the register. Sometimes it could be an overpriced new release, which would mean just one album, or it could be a few older releases that I have been meaning to get and now that the price is right, I purchase them from the bargain bins.

Arriving home, I would rip off the shrink wrapping, drop the needle, sit back and enjoy the album with the lyrics to stare at while it played.

Those albums would do the rounds for what would seem like an eternity in today’s day and age.

I grew up in the Eighties and it was all about the LP. Labels always tried to maximise their sales, so they kept on releasing singles, picture singles and picture 12 inch singles and just 12 inch singles.

Of course the hard core lapped everything up, even though nothing new was on offer. The big difference in the Eighties was MTV. With the rise of music television, bands had to have that single song that would have mass appeal. So what the fans ended up getting was an album with two to three good songs and the rest was pure filler. However, we still needed to buy the expensive LP, just to listen to three songs. With the rise of the CD, this only got worse and more expensive.

When the CD first came out it was way more expensive than LP’s. The Recording Industry said that the higher prices would be temporary, due to set up costs and so forth. Guess what, the prices never went down and CD’s got pumped out in the millions. That is why the album format became unpopular to fans and very popular to record label executives.

So then the Internet comes along and changes the rules of the games. While the recording industry kept on sticking with the CD format, the fans of music showed them that they wanted innovation. When Napster exploded, the record labels failed to notice the following;

– Fans didn’t like the high CD prices

– Fans wanted back catalogue items that the record labels didn’t want to release. That is why obscure bands or bands available only on Import started to get some traction.

– Fans wanted portability

– Fans wanted convenience

– Fans wanted all of the above to be available 24/7 to them

– Fans wanted to pick and choose

The fan dynamic is changed forever by Napster. Fans used to look forward to the new releases of their favourite artists. After spending money on that new release, I played it to death because I paid for it. Somehow in the back of my mind, I needed to convince myself that I made a good decision, especially when someone else would say to me, “why would you waste your money on that, it was a crap album.”

So there I am, along with a million of other fans, playing the album over and over and over again, looking for a track or two to hook me in. When I heard Dr Feelgood from the outset, I only liked the song, Don’t Go Away Mad (Just Go Away). With each listen, I started to appreciate other tracks. However, to this day, I still don’t like Sticky Sweet, Rattlesnake Shake, She Goes Down, Same Ol Situation and Without You.

The Crue comes to town and I needed to go. It wasn’t cheap, however I knew that they wouldn’t play certain tracks from the album ever again. Well to my surprise, the same songs that Motley Crue played in 1990, they played again in 2005 and in 2013. The Dr Feelgood tour was like a greatest hits tour, with most of the songs made up from Shout At The Devil, Too Fast For Love and Girls, Girls, Girls.

So where am I going with this?

In 2013, an album comes out. The cost of hearing it is ZERO. Spotify has it, within a day or two, YouTube will have a complete version of it. Instead of listening to each take from start to finish, I skim through. It sort of goes like this, hear the first 30 seconds. If I am hooked I normally end up listening to the whole song. If I am not hooked I move the song cursor into about 2 minutes of the song and listen for another 10 seconds. If still nothing, I move on to the next track.

This even occurs with my favourite acts. I played A Dramatic Turn Of Events from Dream Theater for about a week in 2011 and then moved on. I haven’t returned to the full album and I never will. I know that I like bits in certain songs. Breaking All Illusions has got some wicked sections and so those Outcry. On The Backs of Angels is not bad either, but not great. On the other hand, Unto The Locust from Machine Head, gets a re-spin every three to four weeks. It’s seven songs that really stand up on their own and as part of an album.

With so much music out there to digest and play, we seem to ignore our favourite acts in search of another great act to become our favourite. So to bring the story full circle, when I used to purchase albums, money was the factor as to what I decided to purchase and listen too. Fast forward to 2013, time is the factor as to what I decide to listen too.

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

Blabbermouth The Sequel – Music Is Melody and Improvisation Is A Genesis Of Composition

The website Classic Rock Revisited conducted an interview with Yngwie Malmsteen recently. The interview was aimed at promoting Malmsteen’s new biography. Malmsteen is one musician who is not afraid to share his opinions. His recent opinions on the state of the music industry has polarised the internet. The mere mention of the word “piracy, and music” a reaction is always forthcoming.

“When I started out, it was very much like the guy with the big cigar in a big office saying, “I’ll give you a record deal, boy.” You had tour support, tour buses, local A&R people, the whole nine yards. I did that, but it’s all gone now. It can be for better or worse, because if you don’t have name recognition now.”

This is what used to happen. Any musician that wanted to write songs and have those songs released to an audience, had to meet that “guy with the big cigar.” In no way did a recording contract guarantee an artist success. Yngwie Malmsteen seems to forget that between the period of 1983 to 1988, he released an album each year in order to get name recognition. The reason why he got name recognition is because he had the songs and two great vocalists in Jeff Scott Soto and Joe Lynn Turner. In the end, as good as Malmsteen is on the guitar, if the song sucked and if the vocals sucked, he would have remained in the underground.

“If you want to start out now, how the f!&k do you do it?”

The same way you always have done it. Create great songs. In the end, it is the songs that will sell you. Regardless of how good you play your instrument, if the songs are not making a connection with people, then nothing will happen. The only difference is that bands these days, don’t need to play 2000 shows to get traction.

Look at bands like Heartist and Digital Summer. Heartist is signed to Roadrunner and Digital Summer is all DIY. Both bands have decent traction. Heartist built their following online. Digital Summer did it in a hybrid way. Starting out before the MySpace craze, they did it with feet on the ground, handing out flyers and playing shows. When technology started playing a part in promoting and marketing a band, these new opportunities got filtered in to their workload.

“Back in the day, DEF LEPPARD said if they could get a few singles on MTV, they’d be able to make it, and they did. That happened with a lot of bands who did that back then. Now we have YouTube, but there are billions of videos and musicians on there and if nobody knows your name, nobody’s going to look you up. It’s a little bit weird, but in that sense, the music industry situation is really bad for whoever wants to start out now.”

FACT – MTV used Heavy Metal music as a means to get traction. Look at the clips produced by hard rock / metal bands. Twisted Sister, had “We’re Not Gonna Take It” and “I Wanna Rock”. Motley Crue had “Smokin In The Boys Room”. Van Halen had “Hot For Teacher.” All of those clips were game changers in the video format. As soon as MTV got traction, they booted metal music and put it back to a monthly/weekly segment that would become Headbangers Ball.

FACT – Music is getting released on a grand scale today. With so much new music out there fighting for listeners attention, artists need to give fans a reason to listen to their music. By saying that they put their heart and soul into it, just doesn’t cut in this day and age. You need to have great songs.

Look at the band Periphery. The band got traction via message boards. Has piracy stopped the band? I saw them live in Australia this year at the Annandale Hotel in Sydney.

Look at the band Shinedown. They came out in 2005, when piracy was rampant. Has piracy stopped the band from becoming a giant in the hard rock scene? They have two albums that have sold over a million units and two albums that have sold over 500,000 units. Singles on the other had have moved in the multi-millions.

Look at the band Digital Summer. They came out in 2005, when piracy was rampant. Has piracy stopped the band from touring and releasing new music? They are all DIY and have total control over their affairs. Even bands that had major deals have asked the band to represent them.

Look at the band One Less Reason. Another DIY band. One of their albums has gone GOLD. Has piracy stopped the band from touring and releasing new music?

Look at the band Protest The Hero. While they were signed to a label, they were told that never made any money. Finally they broke free from the label and started an Indiegogo campaign, raising over $300K (with the goal being $120K). Has piracy stopped the band from touring and releasing new music?

“The good part is that there is no longer this slavery to a certain format going on, where in the ’80s, if you didn’t follow format, they wouldn’t give you the time of day. You had to conform to get a shot at a record deal. That’s gone now, and it’s bizarre.”

I love Malmsteen however he is a confused albeit funny individual. He is putting a lot of information out there without any thought. If anyone was treated like dirt by record labels, it was Yngwie Malmsteen. Elektra chased him, signed him to a large deal and then dropped him cold after one album. During the Nineties, no label in the U.S would touch him. If it wasn’t for the Japanese market, Yngwie would be broke and destitute and without a career in 2013.

As much as Malmsteen is seen as a musical dictator, he knows it deep down, that if he didn’t conform and write more accessible songs, then his career would have been over. That is the power that the labels held over the artists.

Classic Rock Revisited: The Internet changed a lot for the industry; piracy has certainly had a hand in changing the game. Do you think that piracy can be beneficial to some of those bands starting out? How has it affected you?

Yngwie: How could it possibly be positive? If you go into a store and you see a car that you like, you can’t just drive off with it. The cost and the blood and sweat and tears that go into making music is the same thing, it’s not free. Try telling the engineer and the producer that they have to work for free. It’s utterly bizarre. It’s like just going into a store and taking things off the shelves. It’s stealing. The reason there are no bands coming out now is that the money that was once there is not there anymore. So what happened was, in essence, by pirating music, you kill the music industry. The music industry died because of the piracy, and now all the fans will have no new music. Isn’t that wonderful? It’s a direct consequence of that.

Again, Malmsteen is confusing the recording industry with the music industry. The recording industry is not dying. It has changed. The labels made the most money from selling the LP and then the CD. So when fans could pick and choose what tracks they wanted to buy, the biggest cash cow for the labels became obsolete. Licensed streaming is gaining traction. Unlicensed streaming on YouTube is bigger than ever. If the recording industry listened to advice back in 1998, maybe it would still be as powerful as it was back then. However, they ignored the advice.

The whole stealing analogy has been shot down a billion times. Maybe Scott Ian, Duff McKagan and Yngwie Malmsteen should form a band called “Steeler.” Oh wait, Malmsteen was already in a band called Steeler.

It’s simply economics. Digitised music equals less CD’s. The MP3 made music easy to share and distribute just by the click of a mouse button. Chart success and sales of actual music is not as relevant today as it was back in the Eighties and Nineties. What is relevant today is what music of the band are fans listening too.

Look at the band Shinedown. Call Me is their most streamed track, however they do not play the song live.

Finally, the best part of the interview, the quotes.

“Improvisation is a genesis of composition”
Malmsteen

“Music is melody and melody is music”
Mozart

“One must feel strongly to make others feel strongly”
Paganini

“When you’re a writer, you write the whole book, when you’re a painter like De Vinci you don’t say to someone, hey come over here and help me with my painting. There are a few reasons why I work this way. First of all, I’m so full of creativity that I don’t need any other input. The other is that I feel so strongly about my work, it’s like a burning passion to create something that is uniquely me.”
Malmsteen on song writing.

“Back in the day the record label was putting up all this money and you had to record whether you were inspired or not. I like to capture the moment.”
Malmsteen on recording now.

“ I don’t live in the past. The best show I’ve ever done is the one I’m going to do next. The best album will be the next one I do. I don’t look back, I look forward. It’s dangerous too, because if an album does well you might get stuck in that one sound for the next couple albums instead of having this evolution of your sound. I like to have the classical stuff on my records, and some blues. An album to me is supposed to be a snapshot of who you are at that time.”
Malmsteen on progress

http://www.blabbermouth.net/news/yngwie-malmsteen-the-music-industry-died-because-of-the-piracy/

http://classicrockrevisited.com/show_interview.php?id=995

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Music, Stupidity, Treating Fans Like Shit

Record Label Innovation – Bring Back The CD in Blu-Ray?

For years the compact disc was the preferred audio format for music fans. In addition those years were the most profitable in the recording industry’s history.

Fans/collectors of vinyl and cassettes started to re-purchase albums they already owned for the sake of convenience. That is what the CD offered. Convenience.

It saddens me to keep on hearing that the recording industry still prefers a return to that era instead of innovating.

The most recent “innovation” comes from Universal Music Group.

UMG is launching a new audio format called High Fidelity Pure Audio. Basically it is a Blu-ray disc that delivers high definition audio recordings. This is yet another attempt to reinstate a long-gone profit margin that has all been done before.

There is nothing innovative about re-factoring the compact disc.

Remember convenience. Fans didn’t choose to replace the CD format with MP3’s simply because MP3s sounded better. It was about convenience. Convenience is key here. For personal use, portability and speed is worth more. That is what UMG fails to understand.

UMG is banking on a demand for high-fidelity re-releases of their back catalogs.

The label business models are built upon lack of competition in their market. Once upon a time the only music available came from the established recording industry. They told us what we were going to listen to and in what format.

I liked CDs, I really did, but after a while I ran out of space. I still buy physical CDs from time to time however I never buy CDs for the music itself.

The last physical discs I bought were for the special edition of Coheed and Cambria’s Afterman: Ascension / Descension double album. This package was was sold when Ascension released in September 2012 and Descension was months away (February 2013).

So when the package arrived The Descension disc in the box is completely blank. The purpose of this is that I am meant to burn the 320 high-quality Descension track downloads to it. I still haven’t bothered to do it, however the art book that came with it is priceless.

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