Tag Archives: Sony

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

The Age Old Problem Of Music

The recorded music industry has finally stabilised and it is competing with free. Whatever arguments are put forward for recorded music to go behind paywalls, the world we live in demands that music be free. Piracy of music is no more.

Why would people bother?

My kids are happy with free and putting up with a few commercials. I am happy with it as well, and on the occasions that some of my favourite artists release an album that has a super deluxe edition, I purchase it.

All of this low price points does lead to a mathematical outcome. Profits are tighter, which in turn means  large recording budgets go down. Who cares, right? With pro-studio equipment so cheap, 95% of musicians are DIY’ers’

But, are profits really tighter for the record labels. The whole Spotify/Sony contract highlights just how much money Sony is getting from being the holders of so many copyrights. Sony’s negotiating power is strong because of the artists that create musical works.

Unions have negotiating power because they have the workers behind them. Sony has negotiating power because they have accumulated the copyrights from artists that signed contracts with terms stacked against them. The unions fight for workers’ rights and better wages. Sony fights for a higher fee to their music catalogue and then fails to pass on the monies to its artists, both old and new.

The power of the labels has been accumulated by paying low dollars for a song. Take “Louie, Louie”. The song was written on toilet paper in 1955, recorded in 1957 as a B side and it did nothing. In 1959, Berry sold the rights to the song for $750. In 1963, the song became a hit. By 1987, Berry was living on welfare at his mother’s house. However, Berry did have some luck in a lawyer friend who managed to get his rights back just in time for the song to be licensed to an alcoholic drink commercial. Berry in this instance is part of the rare 1% that do have some luck. For the other 99%, no dice.

You know what the funny thing is, someone like Frank Zappa back in the early Eighties had the foresight to offer a proposal to the record labels to replace the LP model. Zappa proposed that the labels should store their recorded music vaults in a central location and offer the music via phone or cable TV straight to the user stereos via a subscription model. In Zappa’s words “providing material in such quantity at a reduced cost could actually diminish the desire to duplicate and store it, since it will be available any time day or night.”

The reason why Zappa was thinking outside the square back in 1982 was that the recording business was already in a state of bother, that the Internet and Napster brought to the forefront, 20 years later.

Change is constant. News used to be slow, we had three TV channels, music, books and films had gated/window releases, fewer people travelled and fewer people finished school. Not anymore.

You see, change for one side of the debate is always better and for the other side not so much. For the music consumer, the shift to access models over ownership models with lower price points is for the better. But it is far from perfect for the record labels and other gatekeepers. Even old school artists don’t like these changes. People have argued that it has led to unemployment or that creators have no incentive to create new music.

The age-old problem of music was always access. How do people hear it?

MTV broke down a lot of those access problems and made musicians into global superstars. MTV, P2P downloading and streaming are new approaches to age-old problems. While the record labels ignored the volcanic ash of Napster, the techies escaped the volcano blast and thrived.

The error of the record labels was in believing that what was familiar would not change. They got used to the high profit margins of the CD, so they found it hard to believe that in the space of a few years, those profits could disappear. Those marketing strategies and gated releases that have proven themselves over so many years, no longer bring in the sales the labels wanted. Instead it leads to an increase in P2P downloading.

Streaming has competed with P2P. Spotify has pumped millions upon millions into the recording industry. Money that was not there before. So what do the record labels, along with Apple and other misguided artists supporting Pono or Tidal want to do. Their solution to the age-old problem of access is to put it behind a pay wall.

Nice one. Let’s see how well that goes down.

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

Certifications, Recorded Music and That Spotify/Sony Contract

I always have a decent laugh when I read music news. It’s always interesting to see how a news item gets copied across from website to website in my Google Alerts with no changes and no critical analysis.

Remember back in the day when all the rage was about how artists are struggling to achieve platinum certifications. All the commentary focused on the moment or within a 12 month period. It was like a platinum certification was the be all and end all.

Now, back in the Eighties, MTV made every act that got rotation into a platinum act. But that was not always the case.

“Ride The Lightning” was released in 1984 and it is my favourite Metallica album. It took five years to achieve a platinum certification. 28 years later, “Ride The Lightning” was certified 6x Platinum. Music simmers away and it just keeps on connecting. It’s not about corporate deals, or mega marketing campaigns. Metallica’s “Ride The Lightning” album is proof. It competed with piracy and it still sold.

Anyway, the RIAA recently re-classed a “sale unit” to be a paid download or 100 audio/visual streams. Based on this new re-classification, did you know that Shinedown’s “Second Chance” was just certified triple platinum?

Not bad for a song that is 7 years old.

So what does this say about recorded music?

If a song connects with an audience, expect it to sell and be streamed. The facts are out there. It doesn’t happen overnight or in a year. In happens over decades.

“Second Chance” on YouTube has 9,766,633 views on the official Atlantic Records channel. Another YouTube user called “McDrinkable” has a lyric video up of the song and it has 2,749,110 views, while another unofficial YouTube user called “Dushan Galappaththi” also has their own lyric video and they have 957,103 views.

“Second Chance” on Spotify has 21,845,406 streams.

So what do we know?

We know that music is not about the instant payola. Great music that connects with an audience will be listened too and purchased for a long time.

The beauty of Shinedown is that a song that wasn’t a single has more streams than the hit radio songs. That song is “Call Me”.

But the record labels still push an agenda that piracy is killing their business, while they make millions upon millions in licence fees from the streaming music services.

If you don’t believe me, read this article on “The Verge”. The advances paid to the record labels do not filter back to the artists at all. But hang on a sec, the record labels have this power to negotiate with the techies because of the artists. And the artists get nothing in return. That, my friends is the recording business.

Which leads me to the dumb journalists and artists that rallied behind artists who spoke out against streaming services. Let me say it again, the streaming services are not the enemy here. The record labels still are.

Looks like Roger Waters never got the memo. Even APRA’s Brett Cottle doesn’t get it. He wants the government to fight against pirates, however it is the labels that are holding back royalties.

Times are a changing people, but the record labels refuse to change.

 

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Copyright, My Stories, Piracy, Stupidity

Sony and Stupidity Go Hand In Hand

I am pretty sure that everyone knows about “The Interview” by know.

Regardless of how good or bad or average the movie is, “The Interview” is famous and successful.

It was used as blackmail against theaters, if they showed the movie, another September 11 was threatened. So it got pulled.

Everyone weighed in on the debate from bloggers to journalists to politicians. So many ideals came into the conversation like free speech, the right to make a black humour/comedy movie in the current day, politics between democracy and communism, censorship, the freedom of the internet and capitalism.

Eventually Sony got the balls to release the movie. It was made available in select theaters plus on many Video On Demand outlets. For the first time ever in the major studio’s history, you could see a movie in theaters or watch it online legally at the same time.

This alone is a big step forward for the movie industry and I am 100% certain that in 50 years from now, journalists and bloggers will be writing about how Sony led the way for a new business model and saved the movie industry.

Future historians always like to re-write history to suit a certain point of view. Look no further than Russia at the moment. Vladimir Putin has asked and then taken charge himself to have history books re-written with bullshit so that he and his ancestors look favourable and more important than they really where.

This story is about stupidity and Sony is at the forefront.

So “The Interview” is released on multi-platforms at the same time. Online box office came in at $15m and Theater Box Office came it at $3m. The movie was projected to make $18 to $20 million in its opening week so with all the bullshit that has gone on behind the scenes, it still met it’s opening week target. This hybrid model has shown that a film’s success and money earning capacity should not be tied in to a THEATER.

However the studios are greedy.

If I go to a movie with my family, I need to purchase five tickets at $15 a piece. That comes to $75AUS for a movie. However, if that movie is available for me to get on a video on demand service, then I am charged once and my whole family can watch it. That is why the studios resist and still use the old way of releasing a movie, which is cinemas first, then DVD/BluRay sales, VOD licensing, Cable licensing and Free To Air licensing.

And of course the real test of stupidity is that SONY released the movie online only in the U.S.

Yep, they used geo-restrictions (something that has been pissing off a lot of Australians for a longtime) to keep the movie release in the U.S only. So according to Sony, if you lived outside the U.S and wanted to watch the movie legally, “tough luck”. So what do people normally do when confronted by situations like this.

They turn to P2P.

It looks like stupidity is affecting profits more than piracy to me.

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

Everyone Is Trying To Twist The Narrative To Their Own Advantage.

So Desmond Child is telling the world that Jon Bon Jovi, Richie Sambora and himself had to split a total of $110 in 2012 for the 6.5 million streams of Bon Jovi’s “Livin’ on a Prayer” on Pandora during a three-month span in 2012. Pandora’s published rate is about .0013 cents per stream. So doing the math, that means that “Livin On A Prayer” actually earned $8,450 for that three-month spell on Pandora. If that is true, that means that the songwriters are getting about 1.3% of the monies paid to the record labels.

Daniel Ek claims that Spotify will pay $6 million to Taylor Swift from worldwide streams. Swift’s label, claims that is a lie and that they received less than $500,000 for the streams. However what the label is forgetting to say is that the amount is for US streams only.

And Spotify argues that it is competing with free/piracy, while the artists side argue about Spotify not paying enough. They are two different arguments that have no correlation with each other whatsoever. When are people going to realise that Spotify doesn’t sell music, it provides access to it. And consumers like it, otherwise Spotify wouldn’t be starting to overtake iTunes in some markets.

Rob Zombie once upon a time hated copyright infringement and now he reckons it makes him more creative as he doesn’t have to write songs that fit a sales metric.

Lars Ulrich is now reserved and diplomatic in his responses to music piracy or copyright infringement. Maybe it is because he knows that if it wasn’t for music piracy, Metallica wouldn’t be playing sold out shows in China or the Middle East and some South East Asian countries.

Scott Ian wanted the people who downloaded the “Worship Music” album to be disconnected from the internet, even though they could have been fans who ended up purchasing a concert ticket and an over-priced T-shirt.

Gene Simmons famously said that downloaders/fans should be sued and also have their houses taken from them. He said that rock is dead because of piracy. Yngwie Malmsteen, Paul Stanley, Joe Perry and others agreed with him. Many others didn’t.

Internet Radio station Sirius XM is going to lose its case over pre-1972 sound recordings by the band The Turtles. The shameful part here is that the recording industry fought hard against making pre-1972 recordings fought hard against this. The hypocrisy here is huge. While the recording industry has fought so hard against making pre-1972 sound recordings subject to federal copyright laws, now they suddenly want aspects of federal copyright law (like public performance rights which did not exist under previous laws) to apply to those very same works. If Congress made it so those works were under federal copyright, there wouldn’t be an issue and all these works would be treated identically. But the truth is that the RIAA wants to keep these works out of federal copyright law to use them as a weapon against internet innovation.

Sony is re-evaluating it’s support for free streaming, however as a part owner of Spotify, I find it hard to believe that they will pull their catalogue from the free-tier.

Everyone is trying to twist the narrative to their own advantage.

Everybody has an angle.

And what about the musicians.

The hardest challenge facing musicians is getting people to listen to their new music and then getting them to stick around once the album because those big marketing awareness campaigns are goneski. It’s proven that they don’t work if the music is shit and the narrative is shit.

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

Copyright Inc

There has been a lot of talk about Copyright and the Public Domain in the last month.

There was the whole Iron Maiden story about the band rewarding Copyright Infringers with Concerts. The website that ran with it issued an apology for falsely attributing Musicmetric quotes to the band, yet if you look at the markets that Iron Maiden has hit over and over again along with the “new markets”, all of those places are on the Musicmetric list of places that download Iron Maiden’s recorded music illegally. So even though the story proved to be false, there is some form of data out there that Iron Maiden is utilising to hit places where they have a low record sale amount but a high download rate.

Even their drummer, Nicko McBrian stated the same in the “Flight 666” documentary about their shows in India and Costa Rica. To paraphrase, he said something in the vein that Iron Maiden hasn’t sold any albums in Costa Rica however they sold out the sports stadium. So how did those fans get the music then.

Look at Metallica. They are also utilising some form of data to identify which new markets to hit or which markets deserve to be revisited. Their recent concerts in China proved this. The sale of Metallica music in China is low, however each concert was sold out. Peru is another new market that Metallica hit and will return too despite the fact that they have very low recorded sales.

I also just finished watching the Rush documentary, “Beyond The Lighted Stage” and in the documentary, Neal Peart is talking about their Vapour Trails tour of South America and how they didn’t know what to expect and in the end they played to their biggest ever concert attendance at Sao Paulo.

In other words, the Brazil tour took place in November 2002 . Napster launched in June 1999 and operated up to July 2001, Audiogalaxy launched in 1998 and operated up until 2002 as a file sharing system that indexed MP3 files. Limewire started operating in May, 2000 and Kazaa in March, 2001. So in three years of peer to peer mp3 sharing, Rush’s fan base grew extraordinarily.

At the beginning of each year, numerous works will have their Copyright expire and they will enter the Public Domain. There is an excellent post up at Techdirt titled, “The Grinch Who Stole The Public Domain” and it covers the works that should have entered the Public Domain in the U.S on the 1st January 2014, however for reasons that are still not clear to the public, these works have been taken away from the public due to a copyright extension that is in place up until 2019.

In the U.S, up until 1978, the maximum amount of time that a work in the US could be covered by copyright was 56 years. As the article states, a creator initially received a 28 year copyright term, which could be renewed for another 28 years.

So back in 1957, Ayn Rand knew that when she created “Atlas Shrugged” that it would be given back to the public to share and build on by January 1, 2014. Same goes for Ian Fleming and his James Bond book, “From Russia With Love.” The same goes for Dr. Seuss and his two books, “How the Grinch Stole Christmas” and “The Cat in the Hat”. All of these authors went on to create further works, so it is safe to assume that that the 56 year Copyright monopoly the creator would have was more than enough incentive to create further works.

In relation to music, the following songs should have appeared in the Public Domain in the U.S.

“That’ll Be the Day” and “Peggy Sue” (Buddy Holly, Jerry Allison, and Norman Petty),
“Great Balls of Fire” (Otis Blackwell and Jack Hammer),
“Wake Up, Little Susie” (Felice and Boudleaux Bryant)
Dmitri Shostakovich’s Symphony No. 11 in G minor (Opus 103; subtitled The Year 1905).
Elvis Presley’s: “All Shook Up” (Otis Blackwell and Elvis Presley) and “Jailhouse Rock” (Jerry Leiber and Mike Stoller).

The above musical works remain copyrighted until 2053 however based on their initial copyright terms, the works should be in the Public Domain.

The purpose of Copyright law was always to encourage the creation of works that would be put into the public domain to promote learning, knowledge and understanding. However, with large organisations controlling a lot of the Copyrights (and their power is growing each day), the law has been twisted into a system that is used to lock works up.

Then you have someone like Jimmy Page, who is really enjoying his Copyright monopoly by continuing to re-issue the same Led Zeppelin works he created between 1968 and 1980. Jimmy Page is a huge influence on my guitar playing. His body of work with Led Zeppelin, along with Coverdale/Page album were all brilliant. The new music he created with Robert Plant, “Walking In Clarksdale” was also a decent effort.

However, “The Firm” and his solo album, “Outrider” didn’t rattle any bones in me. Compared to Robert Plant who constantly creates new works, Jimmy Page has more or less sat back and monetised his copyright monopoly. Since 1993, Jimmy Page has overseen more than twenty three re-issues, re-mastered editions, live releases, greatest hits releases and more from the Led Zeppelin body of work.

While Jimmy Page is entitled to do what he does, Copyright’s intention was to give the artist incentive to create more works, not an incentive to rely on past works.

So while Jimmy Page is doing his thing on one side of the Copyright fence, on the other side there is the shameless releasing of songs by the big labels, purely to extend the copyright term of them.

In January, 2013, Sony released the “Bob Dylan Copyright Collection Volume” so that it could take advantage of an EU law to extend the copyright term on these recordings from 50 to 70 years. So instead of these works expiring in 2013 and entering the Public Domain, they got locked up for another 20 years. Nice one.

When Bob Dylan created these songs, Copyright was in place to offer him an incentive to create new works which he did. However, he also sold or licensed his copyrights to Sony and that is where the abuse kicks in.

Just recently (like December 2013 recent) Apple Records released 59 tracks from The Beatles for downloading on iTunes. These songs include outtakes, demos and live BBC radio performances. A Beatles fan and Blogger by the name of Roger Stormo said the following;

“The only reason why they are doing this is to retain the copyright of this material.”

You see, when “The Beatles” recorded the tracks back in 1963, they made a deal with the public. In return for a government-backed monopoly lasting 50 years, they would allow their music to enter the public domain at the end of that time. Like Bob Dylan, Copyrights got sold or licensed to the record labels. The recording industry then employed politicians as lobbyists and now European fans of “The Beatles” must wait another 20 years before they are able to enjoy and use the tracks as part of the public domain.

The biggest abuse here is that the tracks weren’t even available beforehand (in a legal way). They were safely locked away. Therefore it is safe to assume that the tracks weren’t earning any money for Apple Records. So releasing the tracks into the public domain would have resulted in no loss of revenue whatsoever to the label. However, for reasons only known to the label, they had an opportunity to extend the copyright of the songs for another 20 years and they did.

What about Saul Zaentz, the Fantasy Records label owner who passed away recently. For those that don’t know, he is famous for suing Creedence Clearwater Revival front man John Fogerty for plagiarising John Fogerty.

Yep, Zaentz was that upset that Fogerty struggled for years to free himself from the one sided contract he signed with Fantasy, following the breakup of CCR, that when it finally happened, Zaentz called his lawyers to arms.

Zaentz and Fantasy alleged that Fogerty’s 1985 hit “The Old Man Down the Road” was essentially the same as “Run Through The Jungle” from CCR’s “Cosmos Factory” album released in 1970. Since Fogerty had traded his rights to CCR’s songs in 1980 to cancel his remaining contractual obligations, Fantasy and Zaentz now owned the rights to “Run Through the Jungle”. Under Fogerty’s old CCR contract, Fogerty owed Fantasy eight more records. In the end, he refused to work for the label. The impasse was resolved only when Asylum Records’ David Geffen bought Fogerty’s contract for $1,000,000 on top of the rights that Fogerty sold away.

So when the “Centerfield” album topped the charts in 1985, Zaentz sued. How is that for Copyright abuse?

During the tour, the fans complained that he didn’t play any CCR songs, however Fogerty said that playing the CCR songs meant that he would have to pay performance royalties to copyright holder Saul Zaentz, and he didn’t want to do that. Copyright is used as an incentive to not play songs.

During the tour, Fogerty also spent time in court and in the end Fogerty played the two songs on guitar right on the witness stand and won the case.

On the theme of suing, Evanescence singer Amy Lee is also suing her ex-label Wind Up Records for more than $1 million over unpaid royalties. Of course there is more to the suit than just the unpaid royalties, however one the theme is the same. The abuse of copyright by large organisations.

So next time you read about the need for stronger copyright protection, ask yourself the question; For whom is that stronger copyright protection needed for. Remember that if I write a song today, it is copyrighted for the rest of my life plus 70 years. If I sell the copyright to an organisation for a fee, then they own this copyright until then.

I will leave you with the parting words of James Hetfield as he spits them out in Damage Inc..

Living on your knees, conformity
or dying on your feet for honesty

Which side are you on?

Techdirt – Public Domain – http://www.techdirt.com/articles/20131231/23434825735/grinch-who-stole-public-domain.shtml#comments

Led Zeppelin Reissues Will Continue in 2015 – http://ultimateclassicrock.com/led-zeppelin-reissues-2/

Techdirt – Beatles – http://www.techdirt.com/articles/20131216/09582225579/57-beatles-bootleg-tracked-released-officially-all-wrong-reasons.shtml?pid=110#c110

John Fogerty Responds to Death of Creedence Label Owner Saul Zaentz With Stinging Video – http://ultimateclassicrock.com/saul-zaentz-dead-john-fogerty-reaction/

Evanescence Singer Amy Lee Reportedly Suing Record Label – http://loudwire.com/evanescence-amy-lee-reportedly-suing-record-label/

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Classic Songs to Be Discovered, Copyright, Influenced, Music, My Stories, Piracy

Uprising – This Revolution Is Calling For War. The spying on people controversy done in a Rock N Roll way.

As fans of music, we always looked to our heroes and the artists we liked for inspiration. So what would Queensryche say on the current state of the world and the spying on U.S citizens by its own government? The song Speak is from the Operation Mindcrime album, released in 1988.

The rich control the government, the media the law

1988 was a time when hard rock ruled the day, and the bands at the forefront had the whole rock n roll cliché surrounding them. You know the one, party hard, sleep with groupies, trash hotels and eventually get together to perform live and record.

Queensryche on the other hand simmered under the surface, focusing on issues that affected everyone, however at that time in 1988, we were all blind to it.

Revolution Calling led the way with the words;

Got no love for politicians
Or that crazy scene in D.C
It’s just a power mad town

Let’s look at some recent events making the news. Copyright czar, Victoria Espinel, is best known for playing a large role in the SECRET negotiations between Hollywood and the recording industries to punish internet users under a six strikes initiative. She has know taken up a job with one of the groups that used to lobby her office.

Let’s reword the Revolution Calling verse;

Got no love for corruption
As everyone sells their soul in D.C
It’s just a knife in the back town

Later on, Geoff Tate summed up American corruption in Spreading the Disease. In 2013, people actually care, however they should have cared back in 1988.

Religion and sex are power plays,
Manipulate the people for the money they pay.
Selling skin, selling God
The numbers look the same on their credit cards
Politicians say no to drugs
While we pay for wars in South America
Fighting fire with empty words
While the banks get fat and the poor stay poor
And the rich get rich and the cops get paid to look away
As the one percent rules America.

Let’s reword the above lyrics in the following way;

Copyright Infringement is a power play
To shakedown the people and to get them to pay
Lobbying hard, bribing all
As the numbers need to look good on their balance sheets
Politicians say no to piracy
While judges allow copyright trolls to extort
Fighting fire with empty words
While the banks get bailed and the poor stay poor
And the rich get rich and the cops get paid to act for them
As the one percent still rules America

Does anyone remember the shutdown of MegaUpload in January 2012? Yep, the FBI was in charge of the shutdown, based on evidence provided to it by the Hollywood Movie Studios and the MPAA. Talk about cops doing the bidding for the wealthy. Isn’t it funny how Victoria Espinel, now has a job with a lobby group that used to lobby her department!

Another recent event is how a cyber-locker like Hotfile was found to be personally liable for facilitating copyright infringement. In a nutshell a judge in the U.S. Courts, found a business entity that provides a cloud service liable for how users choose to use it. Of course, Hotfile was no saint in this matter, however, what Hotfile did show is that Hollywood still doesn’t get it, when it comes to servicing the people or fans of content.

Finally, Grooveshark has achieved licensing agreements with Sony and EMI. So for years, the record labels pursued them in the courts, while also sending Google millions of takedown requests. A court in Denmark even ordered that the ISP’s block access to Grooveshark. WHY? The site was providing a service to customers by allowing the users to stream and upload music that they can play immediately or add to a playlist. However the record labels wants the music to be licensed, which means that Grooveshark needs to pay a fee. So if you are a user and you have uploaded music that you have purchased legally, why should you need to pay a monthly fee for it to license it.

Makes me think of the excellent Metallica song, Eye of The Beholder from the ..And Justice For All album also released in 1988. It looks like something was afoot around this period, as both Metallica and Queensryche touched on the same subject matter. They even toured together.

Independence limited
Freedom of choice is made for you my friend
Freedom of speech is words that they will bend
Freedom with their exception

The “they” in the song can be the Corporations, the lobby groups, the judges, the government. As Warren Buffett said, the class war is already over and the rich have won. The 1 percent own all the important land and they either own or control the corporations. In the process, they have also purchased the Politicians and the Judges. They also own the big media companies, so they control what news we get. THAT IS WHY they fear the INTERNET. They spend millions on lobbying, so that they get what they want, which is more wealth for them and less for everybody else.

Where is the voice of the people, like the song Vox Populi from 30 Seconds To Mars, that was released on their excellent, This Is War album in 2009.

This is a call to arms
Gather soldiers
Time to go to war
This is a battle song
Brothers and sisters
Time to go to war

And the story ends with the lyrics of Uprising from Muse, that was released on Resistance in 2009. In the same way that Queensryche and Metallica touched on similar themes in 1988, Muse and Thirty Seconds To Mars did the same in 2009.

Rise up and take the power back
It’s time that the fat cats had a heart attack
You know that their time is coming to an end
We have to unify and watch our flag ascend

They will not force us
They will stop degrading us
They will not control us
We will be victorious

Amen.

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