Music

Who Should Be Credited For What?

As a guitarist, I more or less write a whole song from start to finish with completed lyrics and melodies.

When I was in bands, I would bring the song to the band and we would start jamming it. In the course of the jam session, the drummer comes up with a bass drum pattern under the current riff, so the second iteration I decide to syncopate the current chords with the pattern. Does that mean that the drummer now deserves a song writing credit?

The singer doesn’t like the chorus melody and suggests that we tweak it a little bit to suit his style. We try it out and it works. I don’t like it, however the band’s harmony is more important than my ego. With the vocal melody change, the underlying riff now needs to change as it sounds too busy. So instead of playing the busy riff, i move to just standard chords. Does that mean that the singer now deserves a song writing credit?

On both occassions the changes happened within the context of the song that I submitted. No new music was brought in and no extra lyrics got written.

The bass player locks in with the syncopated drum/guitar groove and suggest that we do that again for an interlude. The song didn’t have an interlude, so we try it out and it works well. It grooves. Does that mean that the bass player now deserves a song writing credit?

The above examples are all different scenarios that happen within a band and it those scenarios in the end that lead to court cases when bands break up or fire members.

There is always a main songwriter in each band. That is why in Motley Crue you see a lot of songs written by Nikki Sixx. Iron Maiden have Steve Harris. Skid Row has Rachel Bolan. Zebra has Randy Jackson. Badlands had Jake E Lee as the musical force and Ray Gillen as the lyrical force. Same as White Lion. Vito Bratta was the music man and Mike Tramp was the words man.

In the majority of the cases, the original song writer will be listed as the song writer. There could be a band agreement in place here that distributes monies earned from the songwriter to the other band members in relation to licensing royalties.

For example, “This Is A New Song” has Member A listed as the main songwriter and all royalties, licensing and publishing go to Member A. Member A has a band agreement in place that states that Member A needs to distribute 30% of those monies to the other three band members. So if the band has four members, Member A will get 70%, Member B will get 10%, Member C will get 10% and Member D will get 10%.

Then Member D gets fired or just leaves. The band agreement is renegotiated to include Member E who takes up the percentage of Member D.

When a band member leaves or is fired, they are angry. They feel betrayed. They want payback. They want recognition. So what do they do. They start legal proceedings. They start to claim they should be credited as songwriters. They start to claim mismanagement of monies and how they have been underpaid. They start to claim that “This Is A New Song” was their idea and that Member A took that idea from them.

For example, should Sting take all the Puff Daddy royalty monies? Apart from Puff Daddy lifting the chorus vocal melody, it is the Andy Summers guitar riff that is heard throughout his version. Granted, that the guitar riff is based on Sting’s chord structure. Maybe there needs to be a bit more common sense used for licensing arrangements if pieces of music are sampled.

I am currently listening to the Lynch Mob album called “Wicked Sensation”. It is a great album and it involves some of the best work of the guys involved. A look at the album credits shows that all the music was done by George Lynch. This is what bass player Anthony Esposito had to say about the song writing sessions that took place in an interview on the Metal-Rules website;

“George plays the way George plays and there are always little turnarounds that he’ll always throw in. Oni [Logan] is a genius at taking little things, like “Do that little lick, George. Give me that.” and making that the verse. … Oni’s very talented with that; you can hear what Oni did to George. My argument is that George goes around telling everybody that he wrote all the music, listen to every record George did after that and it doesn’t come close. WICKED SENSATION was completely a band effort and the reason why it came out so great is you had [Wild] Mick [Brown], Mick is like the king of the chorus, he writes these big choruses, these hooks, he’s like a Beatle guy. It was all of our colours and I’m the dark guy, I was always like the punk rock guy. I think I brought in the dark textures like “For a Million Years” and “Hell Child” that are like dark, you know, because Dokken wasn’t dark, Dokken was “foofoo”, with a great guitar player. Lynch Mob had none of that, it’s all the elements of the four of us and that made that record so awesome because it wasn’t just one guy writing it all.”

So let’s use Lynch Mob as an example.

George Lynch comes in with music. Let’s just say that it just riffs. No song structures, just riffs. Oni Logan picks out the bits that he wants and he writes vocal melodies to those riffs. So the music is created by George Lynch and the lyrics/melodies are created by Oni Logan. However, those initial riffs from George Lynch are just that, riffs, so the song is arranged by Oni Logan, as he was making the call on which pieces of music to use for verses and choruses. So should be another credit for ARRANGEMENT. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN
ARRANGEMENT – LOGAN

Another way is that George Lynch comes in with the music, all arranged in an intro/verse/chorus fashion. Oni Logan writes the lyrics to the Lynch’s arrangement. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN
ARRANGEMENT – LYNCH

Another way is that George Lynch comes in with the music, all arranged in an intro/verse/chorus fashion, however Oni Logan re-arranges the order of the riffs. The verse riff becomes the intro, the chorus riff remains as the chorus and the intro becomes the verse riff. Mick Brown then makes the chorus the pre chorus and a asks George Lynch to come up with a riff to suit his vocal melody. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN, BROWN
ARRANGEMENT – LYNCH,LOGAN, BROWN

Another way is that George Lynch comes in with the music and the lyrics with vocal melodies all arranged.If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LYNCH
ARRANGEMENT – LYNCH

In my view there needs to be a rethink here. How is the ORIGINAL CREATOR going to be credited? They are the ones that spent time in solitude coming up with musical ideas and the lyrical ideas before presenting it to the band.

Dee Snider is credited as the songwriter for Twisted Sister. He has a contract with Jay Jay French, where 20% of the publishing income goes to Jay Jay French. Should he have that contract? What about when the band goes through the process of jamming on Dee Snider’s mouth ideas.

The bottom line is this; if the original band stays together and it’s always smooth sailing and monies are paid on time and honestly (without any creative accounting) no one really cares who is credited. However as soon as band members leave and are replaced it starts to get messy.

Expect dirt like this to come out with Adam Duce’s case against Machine Head.

Standard
Music

The Copyright That Should Not Be

“The Thing That Should Not Be” from Metallica is inspired by H.P Lovecraft and the story of Cthulu the Apocalyptic Elder God lying in a dream state within his sunken kingdom of R’lyeh.

Today, “The Thing That Should Not Be” is the story of Copyright, the Monopoly Elder God, awakened from its dream state to lobby hard again so that politicians get laws extended once again.

In 1998, the US Congress agreed to grant another 20 years of copyright protection to every film, book and song in the land. Now those same laws are under review once again.

“Messenger of Fear in sight
Dark deception kills the light”

That is what the Copyright monopolies are. Messengers that spread a fear that doesn’t exist. Deceiving people by selectively quoting from studies that they have paid for. Telling people that Copyright needs to be locked away

“Cyber children sharing free
Pray for Freedom, liberty”

The media portray it as piracy. The children see it as culture. With all the supposed rampant piracy doing the rounds, box office returns for 2013 has eclipsed the previous years returns. So what do the esteemed leaders and lobby groups do, conduct a review of copyright laws. It’s happening in America and in Australia. Politicians are debating, along with interested lobby groups, new laws to stop piracy by extending copyright terms, so that works don’t fall into the public domain.

“Fearless kids
Are downloading
Copyright
Watches, lurking to see
Courts blockade
Forbidden sites
Google search
Hunter of the wealthy is rising”

Hollywood and the music industry are the ones that hold the monopoly on copyright. However, Tech companies like Google who are in favour of an expanded public domain, now have increased lobbying efforts. Other Public Domain not for profit organisations have also risen.

“Corruption
In payments leaders dwell

Crawling Chaos, underground
Corporate summons, evil goes round

Monopolies fight tooth and nail
Copyright falls, time to fail”

The world needs a sensible copyright policy. Current terms need to be shortened and any punishment for infringement needs to be sensible. The whole process of songwriter royalties vs performance royalties vs publishing royalties vs licensing fees, needs to be sensibly re-written. The whole process of copyright take downs sent by machines to machines needs to be looked at and sensibly re-written. Look at the recent issue between Lawrence Lessig and Liberation Music.

Liberation is not the only music label to enforce their copyrights robotically. Go to the Google transparency report and have a look.

Musical rights organisations, BPI and the RIAA are leading the way.

“Enforcing rights by machines
Copyright as censorship
The Copyright That Should Not Be”

Copyright in it’s current form allowed John Fogerty to be sued. Seriously, the court case was about John Fogerty plagiarising John Fogerty. Copyright in it’s current form neglects to compensate Andy Summers, while Sting rakes it in because he is listed as the main songwriter for “Every Breath You Take” however it was the main guitar line that Puff Daddy sampled.

Standard
Music

Every Sample You Take

This is part of the music business that I really hate.

Everyone knows the song, “Every Breath You Take”. It is from the mega selling “Synchronicity” album from The Police and it is credited as a Sting composition. Now as a songwriter, I believe that Sting wrote the song and should be credited as the song writer. However, it is the Andy Summers guitar riff that is even more iconic and the way Summers chose to play a simple A-F#m-D-E chord progression is what made the song a “super hit”. However Sting is credited as the songwriter, so he gets all of the publishing royalties.

So when Puff Daddy appropriated the iconic riff, along with the Chorus vocal melody for his hit song “I’ll Be Missing You” it was Sting that got paid the royalties. Due to Puff Daddy not asking for permission to sample to the song, Sting used copyright law to have the song listed as 100% to him. So from the Puff Daddy version (which sold seven million copies and won a Grammy for Best Rap Performance by a Duo or Group) Sting earns $730,000 a year in royalties from only one song, ‘Every Breath You Take.’

So what did Andy Summers get. In the end, both versions have the defining guitar part and that part was created by Andy Summers. From the “Puff Daddy” version, Summers got zero. A big fat zero. The reason is that he does not have a co-writing credit on “Every Breath You Take”. Whatever band agreement “The Police” had when they were in operation would have focused on their songs only and it would not have taken into account profits made from sampling.

It is a ridiculous process because Sting as the song writer had to give his permission and received payment for its use however Summers did not and it was his actual piece of music that was sampled.

Summers said in an interview with the A.V Club that the popularity of the track made it even harder for him to swallow his inadvertent participation.

“He actually sampled my guitar, and that’s what he based his whole track on,” he notes. “Stewart’s not on it. Sting’s not on it. I’d be walking round Tower Records, and the thing would be playing over and over. It was very bizarre while it lasted.”

This is what Summers said in a Guitar World interview about “Every Breath You Take”.

“When Sting first brought that song in, I didn’t think we could do it. What he came in with was something completely different from what we ended up with. He had this thing that sort of sounded like “sub-Yes” with all of these huge rolling synthesizers. He made a demo, but it didn’t sound anything like us at all. But that was what the story was with much of the material. Our word was that we had to “Police-ify” it, which basically meant the chemistry of the three of us playing on the track, each guy doing his own thing. That’s what made it sound like the Police. The thing that’s so great about all of those tracks is not just the song writing, but also the way they’re played. It was a sound only the three of us could get across.”

That is a crucial world, POLICE-IFY.

2013 marked the 30th anniversary of “Synchronicity”. The album made “The Police” kings of the world. It went straight to number 1, by knocking out Michael Jackson’s “Thriller”. The music will live forever with us and the iconic music in “Every Breath You Take” is played by Andy Summers. But Sting gets all the royalties. Next time, someone tells you that Copyright is great for artists, remember this example. Copyright needs to be re-written not re-extended. It is out of touch with the world.

Former Police Guitarist Andy Summers on His New Band, Circa Zero: “It’s What I Thought the Police Should Have Done, But Didn’t” http://www.guitarworld.com/former-police-guitarist-andy-summers-discusses-his-new-band-circa-zero

Sting Earns $2,000 a Day Because Puff Daddy Didn’t Say ‘Please’ Back in 1997 – http://ultimateclassicrock.com/sting-puff-daddy-2000-a-day/

Andy Summers of the Police Calls Puff Daddy’s ‘I’ll Be Missing You’ a ‘Major Rip-Off’ – http://ultimateclassicrock.com/police-puff-daddy-rip-off/

Standard