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

It’s Always Been About The Songs

“The biggest thing that surprised me about fame was that it was fleeting. You work so hard to get there and you just assume that it’s some sort of finish line, or you take a victory lap and maybe spike the ball, run around the field screaming ‘Goal,” I don’t know.”
Dee Snider 

It is pretty well-known how long and hard Twisted Sister worked at getting their sound and image out to the masses. It is also pretty well-known how short their fame was in the Eighties and how quickly they faded from the conversation.

You see, the biggest untold story in music is that when an artist hits a high with one album/song, it doesn’t mean that the next album/song will also hit that same high.

“Stay Hungry” sold over 2 million copies when “Come Out And Play” was released in 1985. At that point in time, “Under The Blade” was still selling, “You Can’t Stop Rock ‘N’ Roll” was still selling and so was “Stay Hungry”. Because when an album crosses over into the mainstream, the back catalogue of the artists suddenly become popular.

Then a new album drops and suddenly the sales are not as high as the previous album. It doesn’t mean the band is not famous or popular anymore, it just meant that a re-adjustment was going on with the fans.

A lot of fans were still digesting the back catalogue and a lot of fans moved on to the next flavour of the year.

So instead of Twisted Sister’s management team booking a normal theatre and shed tour, they booked an arena tour for “Come Out And Play”. And when the arena shows failed to sell out, the tour got canned which cost the band money. The merchandise agreement for the tour became null and void which cost the band money.

“The reality is that rock and roll, in the mainstream, it’s in a difficult place right now. People don’t buy music, and they certainly don’t buy rock bands’ music in the way that they used to. And so, for our genre, it’s kind of… We’re limping along when it comes to public appeal. I believe that rock and roll is alive and well. I just think that people need to show their support and let the genre keep thriving.”
Andy Biersack – Black Veil Brides

People never wanted to buy music. I know I never did. I wanted to listen to music. However, corporations got involved with music, and a big business was born from it. Guess how many records Kiss sold from their first album, before they started to record their second album.

If you answered 70,000 units, then you are correct. If you don’t believe me, read Paul Stanley’s “Face The Music”. Metallica’s “Kill Em All” didn’t set any sales records when it came out either. Nine months after the album’s release, Metallica went back into the studio to record “Ride The Lightning”.

But today, bands want instant success. They want their first album to sell like Metallica’s “Black” album or Bon Jovi’s “Slippery When Wet”.

“Metal was really strong in the 80s and kind of had hard times in the 90s. I think we treaded water and kept alive and kept focused on being Testament, and writing songs that we wrote without thinking or trying to change and play with what’s current at the time. It really hurt a lot of bands trying to do that. Fortunately, we didn’t do that. We went opposite. We went a little darker and heavier at that time. Then the metal got healthy again, and coming out the other end, we were in the right spot with the direction we were going, and the history we had, it just carried through. Metal has been real strong since the early 2000s. It’s been gradually picking up. I see the generation changing with a lot more younger fans coming to shows now over the last ten years.”
CHUCK BILLY – Testament

The crux of longevity is the replenishing of your fan base, year after year. And you do that by being in the game. Each album release will do some of the following;

  • Pick up new fans and keep all of the old fans
  • Pick up new fans and lose some of the old fans
  • Pick up new fans and lose all of the old fans
  • Keep all of the old fans
  • Lose some of the old fans

It’s just the way it is. You see for me, I lost interest in Testament after Alex Skolnick left. My cousin Mega, still purchased their albums, I heard them and forgot them. It was just part of getting older. Musical tastes changed for a while. That is why in 2015, my music collection has everything from folk, blues, classic rock, metal, hard rock, glam rock, thrash metal, death metal, metalcore, progressive rock, etc…

So in 2015, the album is just not as important as it was once was. With streaming it is all about the songs. For all the artists that complain about sales, the truth is if you’re popular, people want to listen to your music and they want more of it, if it is good. My kids don’t even care if the songs all came from the same album.

Today, the artists get paid every time we listen.

Elektra sold Metallica’s self-titled album and the band only got paid once for the sale. Today, Metallica is cleaning up, as fans are streaming their tracks over and over again. They are getting paid continuously. And right now payments are low, but they will grow as more people subscribe. And if we are listening to our favourites music, they will get paid forever.

So it all comes down to listens and good songs have a long listening life, a long time to make money.

And it’s always been about good songs.

Metallica did not break big until “Enter Sandman” crossed over. Twisted Sister did not break big until “We’re Not Gonna Take It” crossed over.

We all want more if the artists are great and the hard truth is that very few are.

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

Guess What: Not A Lot Has Changed

“In 1981, there was a crackdown after the big payola scandal of the late 70s. Right at the beginning of the 80s, the record companies were being safe. They were not handing out advances. They would advance your recording budget, but that was it.”
Brian Forsythe – Kix

So what has changed in 2015.

The record labels are still being safe and with recording costs so low, the recording budget is even lower.

Yeah, of course, we all know that the record labels had a massive boom that started with “Thriller” in 1984 and that allowed them to take more risks. And for some reason it looks like musicians and the labels are only looking at the boom when they compare now vs then. Typical revisionist history.

“None of us knew what we were doing. We were just so excited to have a record deal. There are writer’s royalties, and the mechanical royalties that go to the band. The record company gets paid back through the mechanical until the bill (advancement) is paid off. Donnie was the main songwriter, so he was still getting his (writers) money. By the time we got to “Blow My Fuse” – our biggest selling record – we were two million dollars in debt.” 
Brian Forsythe – Kix

Even in the era of information, with everything is at our fingertips, artists are still unaware of their entitlements. And when they do find out, it is the crux of every argument. Especially between band members because every band has a person that just writes better songs than the others at certain points of time, or in some cases always. Kix’s bass player Donnie Purdell, was another Nikki Sixx. He was crucial to Kix.

It should act as no surprise to anyone that bands in the Seventies, Eighties or Nineties, ended up with such large debts to the label. That is the label creative accounting machine at its best. And the shameful part of it all is that current musicians still look at the past to gauge what success means in 2015.

“Go pull up the sales for 1985, 1986 for heavy metal bands. I guarantee you it’s ten times what it is now. That doesn’t mean there’s ten times less fans — in fact, I think there’s more heavy metal fans now than possibly there ever was. But the bottom line is the numbers show that metal bands are not selling what they did back in the day, and that’s because of Internet piracy. I don’t wanna get on that subject, because it always turns into a depressing, negative subject, but it is a fact. So the answer to the question, ‘Would that record sell more in 1985?’ I would say the answer would be yes.”
Shawn Drover – Act of Defiance

Shawn Drover, wishes it was 1985 and 1986 because for some reason, he believes that he will have more money in his pocket and if his new band “Act Of Defiance” sold a million copies of an album, they would be mega rich and popular. Brian Forsythe from Kix, lived that period and ended up with a $2 million debt, even though they had albums that sold in excess of a million.

And guess what venues they are playing right now?

Clubs and theaters.

Dokken albums achieved Platinum awards and the band today plays clubs and theaters. Stryper and Ratt albums achieved Platinum awards and the bands today play clubs and theaters.

A sale of a record never equaled a fan. It’s the usual comparison between;

  • a person that purchased a record, heard it once and hated it
    vs
  • a person that purchased a record, heard it, loved it and listened to it every day
    vs
  • a person that purchased a record, heard the popular songs and then moved on to whatever else was popular

So why do artists still see sales as important today?

Metal and rock artists still sell. There is no doubt about that. Especially the ones that connect with audiences. But sales is not the only stat that artists should be basing their careers on.

With all of the streaming services out there, the most important stat is how many listens an artist is getting and in which cities they are getting those listens.

The second most important stat is how many illegal P2P downloads an artist is getting and in which cities they are getting these illegal downloads. These listeners/downloaders need to be monetized in different ways.

Otherwise if you are an artist and you are waiting for profits to come in from recorded music sales, then you need to change your business model.

“I’ve never seen a check. Donnie probably still gets writer’s royalty checks. The rest of the money is going back to the record company. Donnie was such a better songwriter. For every 20 songs he would write, I would write one. We were working on his songs all the time and we never even had time to write our own stuff. Back in the early days I may have gotten a couple checks. The biggest one was maybe $350. One time I remember getting one for $1.99. I could count the amount of checks I’ve received on one hand.”
Brian Forsythe – Kix

Remember all of the stories that have come out over the last five years from artists complaining about their low royalty payouts from streaming services. Guess that in 30 years nothing much has really changed. For the small amount of 1% artists that have broken through to mega status, it’s all good.

For the rest, it is still the same story.

“The standard stat given is that 90% of major label deals “fail.” That does not mean they are not profitable for the label. The way RIAA accounting works, the labels can make out like a bandit on many of those record deals, while the artist gets hung out to dry.”
Mike Masnick, Techdirt

Nothing has changed on that front, even with the rise of the internet, Napster, P2P illegal downloading and so forth. The 90% stat was relevant even in the golden years of recorded music sales and it is still relevant now.

“We never expected to get rich, but we certainly didn’t expect to be millions of dollars in debt.”
Jared Leto – Thirty Seconds To Mars

No artist expects to get rich. The need to create is the calling card. However, when they start making money and they see the recording executives living it up while the actual creators are not, then money becomes an important conversation point.

The recording industry has always been known for its creative accounting.

Remember when Tom Petty declared himself bankrupt to get out of a recording contract because he had no money to show after two very successful albums in the seventies.

It all goes against what Gene Simmons said about rock music in general being murdered due to internet piracy. It’s a very narrow-minded and hostile view to have to all of the change that has happened in music. It also mimics, the view that the record labels have held.

A hostile one.

However as Tim Westergren, the Chief Strategy Officer – Pandora (until last year) states;

“I think we’re moving out of an era where the music industry is looking for enemies and into one where it’s now looking for allies.”

The record labels have been dragged kicking and screaming into cassettes, mp3’s and then streaming. Guess what happened. It increased their bottom line on all occassions. Guess that not much has changed in the era of change when it comes to record label abuses.

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

It’s “2015 Chaos AD” and People Are Seeking Filters

A common question today is “How do musicians make money?”

Depending on which side of the argument you are, you either focus on the positives of today’s music market or on the negatives of today’s music market. Artists like Paul Stanley, Yngwie Malmsteen, Joe Perry, Scott Ian, Gene Simmons and Kirk Hammett focus on the headlines that read;

  • Album sales are down
  • iTunes single downloads are down
  • Streaming services are decimating artists incomes
  • Technology and the internet has killed the rock star

But it’s not gloom and doom. The old ways are not coming back. You don’t see people going back to dial up internet, three TV channels and landline telephones. So why do you expect them to start buying albums again on vinyl and plastic.

So what do artists do?

Well you can complain like others for the old ways to come back or you can look at new ways and models to increase your brand and exposure.

In the link, there is a story about Linkin Park. In 2013, they decided that they needed to change their business model to accommodate the changing recorded music market. They restructured their organisation to run like a tech start-up. They parted ways with outside management and brought everything in-house

Prior to that they released music consistently, did video games, art and they licensed their grassroots marketing service to other bands, film studios, TV stations and brands.

They studied other successful artists who diversified. They studied other brands from different markets. They formed a new strategy where creating and selling music plays a supporting role instead of being the main role.

So what about someone just starting off?

A lot of people would say “Linkin Park is huge so they have the power to do things differently.” Read the article. Everything that they have going for them started with the team that was assembled to pack and send CD’s before they made it big.

For anyone starting off, the product is first. If you have no product, you have no publicity. And publicity comes from word of mouth. It’s 2015 Chaos AD and people are seeking filters. And the cold hard truth is that in order to be heard above the noise, you still need someone to promote you and your product.

I remember reading an article about word of mouth and it stated that Google, Facebook and Amazon grew because of word of mouth. Motley Crue and even Metallica had people spreading the word for them. And people will always listen to their friends.

Look at “Phish”. Their business thrives without any media attention and their career is decades deep.

And for the ones whinging about streaming profits, the goal is to get people to stream for years. Instant payola is gone.

There is another story over at the Times called “The Creative Apocalypse That Wasn’t”.

The article states, creative artists are thriving “in complicated and unexpected ways.”

Remember the words of Lars Ulrich on July 11, 2000, in front of the Senate Judiciary Committee,

‘‘We typically employ a record producer, recording engineers, programmers, assistants and, occasionally, other musicians. We rent time for months at recording studios, which are owned by small-­business men who have risked their own capital to buy, maintain and constantly upgrade very expensive equipment and facilities. Our record releases are supported by hundreds of record companies’ employees and provide programming for numerous radio and television stations. … It’s clear, then, that if music is free for downloading, the music industry is not viable. All the jobs I just talked about will be lost, and the diverse voices of the artists will disappear.’’

So 15 years have passed.

Have artists disappeared? NO

Has the music industry died? NO

But what we have are artists using a business model from the 1950’s. Spend time in a studio, record an albums worth of songs and release it. Hope that it penetrates the market and you go on a continuous victory lap celebrating the fact.

Look at any band in the history of music and they all have the definitive crossover album.

Bon Jovi has “Slippery When Wet”, Led Zeppelin has “IV”, Metallica has the “Black” album, Motley Crue has “Dr Feelgood”, Judas Priest has “Screaming For Vengeance”, Eagles have “Hotel California”, AC/DC has “Back In Black”, Kiss has “Destroyer”, Poison has “Open Up and Say Ahh..” and so on. You get the hint.

What we do know is that any record that gains traction will last longer than ever before in the current climate.

Metallica spent close to 18 months on the “Black” album and over a million dollars on it. Depending on which side of the debate you are on, it was either totally worth it or not worth it. From a band perspective, it was totally worth it. The “Black” album explosion also increased awareness in their back catalogue, which if you read my posts, you will note that even in 2015, “Master Of Puppets” is outselling the “Black” album.

But do the fans of 205 want their favourite artists to spend so much time out of the market?

While artists complain about technology changing their income streams from sales of recorded music, they seem to forget that technology has also changed the cost of recording an album/song?

If your main gig is to write songs for others, then we will be hearing your depressing stories in the press, unless you’re a Max Martin. However, if you like to play live, then the new world is for you. It’s simply economics. Recorded music is a product and performing live is also a product. Once upon a time both products were limited. Now recorded music is in infinite supply and live music is still limited. So when one product experiences a price decline, the other product which is limited, experiences an increase.

We don’t care about the corporations when it comes to music. We care about the music and the artist?

And it is unfortunate that the corporations attached the sales metric of record music as f fans caring for artists. So of course, if sales are reduced and music is illegally obtained, the same corporations with some dumb artists toe the line that fans don’t care. However, the fans do care, they just show it in different ways. But the same corporations don’t know how to make sense of the data and the artists are too poor or too far down the chain to obtain any substantial data.

Maybe that is why the direct to fan relationship has become such a focus lately. It means a leaner artist with less handlers. As the Times article states, more people are involved in music today than the glory years of the Nineties.

They are just doing it very different to what artists of yesteryear did.

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Copyright, Music, My Stories, Piracy, Stupidity, Unsung Heroes

Rock/Metal Quotes

“Our first deal, for example, was for five records, so there was development there. They looked at it as: ‘Let’s invest in these first two records, and if nothing happens, no big deal. Maybe the third record will be the turning point, and then four and five we’re on the gravy train.’ I think that was the record company’s perspective.”
Alex Lifeson. RUSH

It was always the fan that had the power. Fans invest in the artist. It never mattered what the record company thought or believed as it was the fan who decided if the piece of vinyl was worth their money. The labels had the gatekeeping power to decide who got to a recording studio or who didn’t. And they used that power wisely to accumulate artists’ copyrights.

“If we were to release those same three records now: Fly By Night – the record company would’ve gone, ‘Okay, let’s hang on.’ With Caress of Steel, they would’ve dropped us right away, because it was a commercially unsuccessful record, but we needed to make that record to make 2112. So there would be no 2112 for Rush in 2015. I’d go back to plumbing or some other job. That just doesn’t exist now, whereas back then, as nervous as they were, they still were there to support us.”
Alex Lifeson. RUSH

The labels did not support the artist. They supported a copyright monopoly. Their accountants knew very early on that holding the copyrights for songs would be a big financial winner for them in the future. The labels have used their accumulated copyrights as leverage to negotiate licence fees with Apple Music, Pandora, Spotify, Deezer and all of the other streaming services.

To prove my point, let’s look at an Italian hard rock/metal label called Frontiers Records. Look at the albums they have released, especially in the last five years. You will see a trend of certain artists, re-recording their best songs from the Eighties and Seventies and putting these recorded versions under a new Copyright. Frontiers will pay the artist for their work, and they keep the copyrights of these forgeries for a very long time.

Who is the winner here?

The artist or the record label.

“For new bands, everybody makes CDs. Years ago, nobody had CDs. You had to have a record deal. Everybody’s got it [now]. And there’s so much competition. The Internet is good in a way to get your stuff out there, but the whole music industry is wrecked.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

“For me, it’s an interesting dichotomy. Because, on one hand, you’ve got people who are streaming, but then they use that to decide whether or not they wanna buy the album, as opposed to illegal downloading. But then there’s the other side of it where people are kind of using it as, basically, satellite radio, where it’s, like, ‘I’m just gonna listen to this.’ But people still pay a subscription for it. So, in one way or another, the economy is still working. It’s just that… We can’t catch up with the technology; that’s the problem. There’s so many innovations that the powers that be can’t figure out… they can’t get ahead of it.”
Corey Taylor. SLIPKNOT/STONE SOUR

The gatekeepers are no more. It’s an open market and simple economics rule. Supply vs Demand. Music at the moment is in huge supply and the demand from the fans is spread thin.

For example, in the next three months there are about 40 albums that I am interested in listening too.

For August, I am looking forward to Soulfly’s “Archangel”, Bon Jovi’s “Burning Bridges”, Disturbed’s “Immortalized”, Pop Evil’s “Up”, Five Finger Death Punch’s “Got Your Six”, Fear Factory’s “Genexus”, Bullet for My Valentine’s “Venom”, Act of Defiance’s “Birth and the Burial”, P.O.D.’s “The Awakening”, Motörhead’s “Bad Magic” and Soilwork’s “The Ride Majestic”.

For September, I am looking forward to Shinedown’s new one, Iron Maiden’s “The Book of Souls”, Slayer’s “Repentless” and Atreyu’s “Long Live”.

For October, I am looking forward to Children of Bodom’s “I Worship Chaos”, Collective Soul’s “See What You Started by Continuing”, Coheed and Cambria’s “The Color Before the Sun”, Deftones new one, Queensrÿche’s “Condition Hüman”, Sevendust’s “Kill the Flaw”, Trivium’s “Silence in the Snow”, W.A.S.P.’s “Golgotha” and Stryper’s “Fallen”.

Some I would buy and a lot I would just stream WHEN I HAVE THE TIME.

“All due respect to Mr. Simmons, I think when he talks about rock being dead, I think he talks about the old-school way of album-tour-album-tour-album-tour. That’s just not the way you do it anymore. There’s so many other things and ways to continue the history of this industry, and to continue to be on top. I mean, I’m looking out at headlining Download [festival] in the U.K. [Sarcastically] Yeah, rock is dead. That’s why there’s 85,000 people here at 11:30 at night in a downpour, and nobody left. Yeah, rock’s dead. Yeah.”

Corey Taylor. SLIPKNOT/STONE SOUR

Spot on. Fans of music haven’t disappeared and they haven’t resorted to freemium as the labels or the RIAA would like us to think. Fans still support music and artists in their own way. I purchase CD’s, I stream music, I download music and I go to concerts. The old model of album sales and then a tour is broken. So a new model is required.

“Well, we have such an incredible reaction to [JUDAS PRIEST’s latest album] ‘Redeemer Of Souls’ that really motivated us to crack the whip and get on with making the next record pretty quickly. The clock is ticking, you know. We can’t afford to wait three years, or five years now, to make the record. And especially while we’re having this great, kind of, vibe with the fans and just this massive PRIEST family love fest type of deal. You know, who wants to go home and sit down for a year?”
Rob Halford. JUDAS PRIEST

“Fewer records get sold or streamed, less money is there,” he continued. “You used to sell enough records to not go on tour. In the 90s, you used to make as much money on tour as you would selling records. Now you make one-tenth of that money on records sales or streaming. The biggest problem with the new record business is that I don’t know who the fans are. Fans are the people who will actually pay for something.”
Peter Mensch. MANAGER

They (the recording industry) have to. But probably the best route they should take, I think they’ve been playing catch-up for a long time — they’re constantly trying to readjust and adapt. I think that probably the truth of the matter, the answer is to start from scratch and create a whole new playbook. Build a whole new business plan off of that. I don’t think anybody, at least that I’m aware of, has done that, started with just a blank slate and just started over. I think that’s really what needs to be done. Just level the building and build something brand new.”
Dee Snider. TWISTED SISTER

Fans are people who will actually pay for something when they want to pay. Growing up the Eighties, I had a circle of friends who would wait with blank cassettes for the latest music I purchased. We had a running joke to say “the leeches are in the house”. These fans copied Motley Crue, Iron Maiden, Metallica, Megadeth, Whitesnake, Night Ranger and so many other bands from me. Their whole music collection was dubbed music.

So time goes on, they get older, they get jobs, the internet comes, Napster rises and suddenly they have money to spend. They didn’t start to purchase recorded music, they just downloaded that for free. What they did start to purchase was concert tickets for the bands they liked. When Maiden toured Australia for the “Caught Somewhere Back In Time” tour, they went to the shows in Sydney and Melbourne. I only went to the Sydney shows. When Motley Crue came for the Carnival Of Sins tour they went to the shows around Australia. I only went to the Sydney show. When Metallica came, they went to the shows around Australia, plus the Soundwave shows and so on. When Megadeth came, they went to their shows.

“Because, at the end of the day, it’s about people knowing the music, not owning it.”
Corey Taylor. SLIPKNOT/STONE SOUR

Perfectly said.

“The only thing that’s really been affected is albums sales. Because there’s still just as many rock fans out there as there were, and there’s a whole new generation coming up. I mean, the contracts that you signed back then — even today — you’d have to sell five, six million at a pop to be able to turn a profit. So, for people like me, it wasn’t about making money off the album sales. I mean, it’s be nice, but it wasn’t the essential.”
Corey Taylor. SLIPKNOT/STONE SOUR

“I’m talking about the cost to buy a CD. You can get a brand new record from your favourite band for ten dollars, basically. And even that’s high, ’cause most bands will sell ’em cheaper, especially the first or two the records are out. So, for ten bucks you can get a new record. I mean, it wasn’t that long ago that CDs cost $18.99 at the Virgin Megastore. Records cost half what they used to cost, and people aren’t buying them as much, which is crazy to me. It’s never been cheaper. What more do the people want?”
Scott Ian. ANTHRAX

No one wanted to buy an album. WE WANTED TO LISTEN TO MUSIC. It was unfortunate that the music we wanted to listen to was put on a piece of vinyl or a CD or a cassette and sold at a very high price.

“For me, the album is the calling card. You hope people are hearing the music, but it’s not essential to sell the music, and that’s the thing you kind of have to balance today.”
Corey Taylor. SLIPKNOT/STONE SOUR

“Right now I don’t even know what the music business is. I have no idea. There’s no record stores. We live in Los Angeles, and the radio sucks. It’s better elsewhere. The bands put an album out, and they don’t play it. Then everybody downloads it for free. And it’s a mess. ‘Cause people need to earn money when they play music, just like you go earn money when you go to work. It costs money to make an album. You can’t just give it away for free.”
Vinny Appice. DIO, BLACK SABBATH, HEAVEN AND HELL,

But it’s not for free. The album that you recorded has been put up on a streaming site. The label that put it up was paid a fee to license the music they have on that streaming site. Speak to your label and re-negotiate. When people listen to your album, 70% of the monies go to your label. Again, speak to your label and re-negotiate.

What is better?

A million streams or a 1000 units in sales. A million streams shows a large audience supporting your product that is waiting to be monetized in other ways.

1000 units in sales shows a 1000 people who purchased your music and then maybe listened to it once or twice or a lot. The problem is the artists don’t know either way if those 1000 units in sales are fans or not.

“Cause people are still buying CDs, but they’re also buying music on iTunes, they’re paying for accounts on Spotify. So it’s not like they’re not hearing the music. So when they come and see the show, and you play a song that is brand new and you get that huge pop, that’s what it’s all about. It’s all about that live show”
Corey Taylor. SLIPKNOT/STONE SOUR

“I understand there’s a thing called the Internet and people have the ability to steal music. So I understand why it’s happening, but you would think that people would just have the attitude, ‘I’m gonna support music, I’m gonna support the bands I love, because if I don’t support this, well, the bands I love aren’t gonna be able to make records anymore and they’re not gonna be able to tour as much anymore.”
Scott Ian. ANTHRAX

Scott Ian is unfortunately stuck in the sales equals success mentality. As Corey Taylor has stated, fans of music support the bands they like in different ways. A typical fan could fit into any of the following combinations;

– Stream for free only
– Stream for free and purchase tickets to a show
– Stream on a paid subscription only
– Stream on a paid subscription only and purchase tickets to a show
– Stream for free and purchase a CD/mp3 only
– Stream for free and purchase a CD/mp3 and purchase tickets to a show
– Stream on a paid subscription and purchase a CD/mp3 only
– Stream on a paid subscription, purchase a CD/mp3 and purchase tickets to a show
– Purchase a CD/mp3 only
– Purchase a CD/mp3 and purchase tickets to a show
– Illegally download for free only
– Illegally download for free and then purchase a CD
– Illegally download for free, purchase a CD and purchase tickets to a show
– Illegally download for free and purchase tickets to a show

“Look, if I was a kid, and it was 1977 and I had a way to get KISS albums for free, I’m pretty sure I probably would have jumped on that bandwagon. But for me to get a free KISS album in 1977 would have meant having the balls to walk into a record store, take a vinyl album, stick it under my shirt and walk out without getting caught. There was a consequence to that. So it’s a completely different thing [today]. There’s no consequence to stealing music online … or anything: movies, or books, or anything.”
Scott Ian. ANTHRAX

Look Scott, when you were a kid, I am sure that you copied an album onto a cassette tape. That is called Copyright Infringement. This is the problem that you face with the internet. People have copied your music and are spreading your music via the Internet. No one has stolen anything. The iTunes mp3 is still available for purchase, the Anthrax albums are still available for streaming and so forth.

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

The Copyright Hijack

“What’s going on right now is a total conspiracy amongst all of the record companies and the music society, ’cause so many of those records, samples were done with no law around it. They took care of each other under the table. They took the money from the rappers, they charged them, told them they was paying me. They were splitting it amongst themselves.”
George Clinton

There is a common music quiz question, “Who wrote “This Land is Your Land”?

Woody Guthrie is credited as the songwriter. However, Guthrie is famous for writing lyrics to melodies of other songs, so in this case, the melody came from a song called “When The Worlds On Fire” by the Carter Family. So in 2004, the holders of Guthrie’s Copyrights, threatened a website with a lawsuit, who more or less did the same thing as Guthrie. They added new lyrics to the same tune.

So who is Copyright benefiting here?

What about the story of “Happy Birthday To You”. In 1893, kindergarten teachers Mildred and Patty Hill, wrote a song called ‘Good Morning to All’ for their students. In the 1920’s, the melody from that song evolved and the lyrics kind of changed to ‘Happy Birthday to You.” The song’s publisher, Summy Co. copyrighted both the songs and in the 80’s Warner/Chappell bought the company. Since then, Warner/Chappell has been collecting approximately $2 million a year in licensing fees for a song that is 100 years old.

So who is Copyright benefiting here?

The best part of Copyright is when government bills extending the terms of copyright. In Jamaica, the copyright term is now 95 years from the death of the author, or 95 years from publication for government and corporate works. What is made worse, is that the term extension, also retroactively went back to January 1962, which meant “that works that have already passed into the public domain in Jamaica are now to be wrenched back out again” and put under Copyright.

So who is Copyright benefiting here?

In all instances, Copyright is benefiting a corporation.

But, wait a minute isn’t copyright meant to benefit the creator and then the public domain.

In the UK, the Government wants people to respect Copyright, so their answer is for the High Courts to make it illegal to rip music off a CD or put DVDs onto hard drives that you legally purchased while streaming services tell us “we don’t want to own content, we just want to access it”.

Meanwhile, when legal services are made available at a price point that agrees with people, something magical happens. Money is made from recorded music.

In the UK, there are on average 500,000,000 streams a week. In one year that figure has doubled. That is a lot of money coming into the recording labels coffers. Do the math!

In Spain streaming payments are proving to be the recording industry’s savior. Isn’t it funny when legal services are made available at a price point that the public likes, piracy becomes obsolete.

So who is Copyright benefiting here?

500 million streams a week is a decent amount of money going to the record labels.

But due to heavy lobbying from the film and music industries, the UK Government plans to raise the online piracy prison sentence to 10 years while artists thank piracy for bringing fans to their concerts.

“I just want people to have access to my music. If there was no piracy, why can I sell out 20,000 people every time in Brazil? Is it because of how many records we sold in the shops? Of course not.”
Dave Guetta

If the above sounds familiar, it should, as a lot of metal artists have said the same thing. Watch Flight 666 and see what the Maiden guys have to say about selling out Costa Rica, India, Mexico and other parts of Central and Southern America. Those ticket sales and merchandise sales came from people who obtained their music illegally.

The best answer to piracy is to accommodate it.

Look back to the book pirates in the 1500s. The printing press (new technology of the time like the Internet) came out in 1440. This led to the Governments of the time to give certain Publishers a monopoly (like Copyright) on printing books. This led to issues between the publishers that didn’t have any rights to print books. So their response was to become pirates.

Eventually, these pirates or idealists started to be accommodated and more legal licenses given to various Publishers. Piracy problem, solved.

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

Freedom With Streaming

I love freedom.

The freedom to live where I want, do want I want and when I want to.

I also love music and I also love to hear music wherever I go and when I want to. Today, there are a lots of ways to hear music.

  • to buy a digital mp3
  • to stream for free
  • to buy a CD
  • to pay for a streaming subscription
  • to illegally download it via P2P

Pre-Napster, the only way to hear the song you liked was to purchase the album or single it came on. Alternative methods involved waiting for the radio to play it and you dub it to cassette or you dub someone else’s original copy onto cassette or CD.

The big difference between then and now is availability. Did you know that Slash also used BitTorrent to release “Live At The Roxy”.

His reasons for it are real simple.

To allow people to access his music from any outlet they desire. He goes to Spotify to consume music and like many others, he still likes to have a physical copy in his hand.

I enjoy my music and I enjoy it a lot, however in the Eighties and early Nineties, I couldn’t enjoy it as much because I simply didn’t have enough money. Thank god that second-hand record shops became big business by the early nineties and it allowed me to purchase a lot of Seventies and Eighties LP’s that I couldn’t afford to purchase before.

Even though the clueless mainstream press always toes the RIAA and Record Label viewpoint that music is in dire straits, I say the opposite.

Look at how much money the labels are making from the various streaming companies who are paying a lot of money to license the labels catalogue. Here is a list of the top eight streaming companies out there;

  • Spotify
  • YouTube
  • Google Play
  • Apple Music
  • Pandora
  • Rdio
  • Deezer
  • JB HiFi (in Australia)

Each of the above companies paid the record labels a high license fee in order to have music on their service. They then pay the record labels (who are the major copyright holders) 70% of their profits for songs streamed. When you take into account that streaming services made over $1 billion in the US last year, 70% of that went to record labels. From the other 30%, the record labels took another cut via their licensing fee system.

Apart from streaming bringing in billions of dollars and putting a massive hole in piracy, it has also changed the way people view sales of music, the charts and every other metric associated with music.

The Top 40 once upon a time was a benchmark for what was popular. The metric used to judge popularity was sales. The view was that if an album or a song got into the Top 40, the artist would go on to become a household name. In 2012, the charts started to include digital sales and streaming. Streaming listens enable songs from the past to re-enter the charts, even though the band or artist who wrote it are retired or have departed this Earth.

Quincy Jones said recently that there is no music industry.

Maybe he meant to say that the record labels are making a lot of money from other avenues, however they are just not passing on those monies back to the artists and the songwriters. Maybe he meant to say that the recording industry does not have a monopoly on music anymore. In the end, the music industry as a whole is very much alive and well.

Quincy Jones also said that artists “can’t get an album out because nobody buys an album anymore.”

Umm, Quincy, or Gene or Paul or Yngwie, no one wanted to buy an album at all. All we wanted to do was to listen to music. Maybe he meant to say that people only want the best, so the concept of an album with a few good songs and a lot of filler is not working in 2015. Maybe he meant to say that instead of a handful of gated releases each week, in 2015, we have thousands upon thousands of albums released.

Quincy Jones said newer online distribution model’s don’t mean anything.

Maybe he meant to say that the newer online distribution models have taken away the record labels gatekeepers. With no filter in check, people are overwhelmed with noise. It’s a good thing and only the best will end up rising to the top. The fact that streaming services bring in over a billion dollars each year means nothing. The problem is the record labels. Those monies are just not getting back to the artists and the songwriters.

Quincy Jones reckons that selling 4.5 million albums today and thinking it is a hit record is a joke as he used to sell 4.5 million records every weekend in the 80’s.

Maybe he meant to say that selling 4.5 million records shows that you have an audience, people who care for you and people who will come and watch you live. The fact that people listen to the music over and over again is irrelevant to Quincy Jones. Yes, Quincy, that’s right, people streaming your music are just as important as selling 4.5 million records a week. Maybe he meant to say that I am so out of touch with what fans want, the only thing I know is sales and sales only.

I know that Quincy is not metal or rock, but his viewpoints echo similar viewpoints from Gene Simmons, Yngwie Malmsteen, Paul Stanley, Scott Ian, Duff McKagan, Kirk Hammett, Joe Perry and Roger Waters. You could easily change the name Quincy Jones above, with Gene Simmons, Yngwie Malmsteen and so forth.

Overall, being a musician is tough. It always has been and always will be. There are no overnight successes. Never have been and never will be. Ignore all the crap and make your own way. There is a lot of money to be made in music and it doesn’t just involve writing and releasing an album.

Remember back in the Seventies and the Eighties. Artists had to conquer their local area first, then their state, then the next state and so forth.

With the internet, artists have a global audience right off the bat. But the need to win fans city by city is still the same.

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

Recording Industry Dumb and Dumber – The Sequel

So the Recording Industry in Australia is welcoming new anti-piracy legislation. High fives all around for site blocking laws. Add to those Recording Industry high fives, Movie industry high fives and any other legacy content owner.

The question I have is this;

  • With site blocking now becoming law, what does the Recording Industry believe would happen to their businesses profits?
  • Would people suddenly return to buying CD’s?
  • Would people suddenly buy an expensive Foxtel subscription to watch ten episodes of “Game of Thrones”?
  • Would people who normally don’t go to the movies, suddenly start going to the movies?
  • Would people suddenly go out and buy books, or e-books?

Site blocking laws are designed to stop people from accessing websites that film, TV and music companies say are hosting their content without permission. Surely, our government officials would have looked at the U.K before deciding if site-blocking was the right way forward.

In the UK, The Pirate Bay has been blocked since 2012 however people have found ways to get around that block. Even though site blocking laws exist in the U.K, sales of music are still declining. However, if the industry puts more emphasis into their streaming business, then some different results could appear. Lucky for the U.K, they have a lot of popular artists right now and these artists are really pushing the streaming side of their music.

So in return the U.K have more people streaming more music than ever before. By 2019, streaming is expected to account for 49 per cent of music revenue in the U.K, compared to 22 per cent in 2014.

Digital music downloading (both legal and illegal) is a thing of the past. It’s history. Why would we want to pay for an mp3, when the history of music is at our fingertips with streaming and we, the fans, like it.

It’s easy and uncomplicated.

So since streaming is king, can someone tell me why we need the Entertainment Industries going to the courts to block websites based on their own evidence?

I think the catch-cry put out by the government is “the laws will protect the viability and success of creative industries while restricting the profitability of sites that facilitate piracy.”

Yep, Mr Government, as long as you and your financiers know what that means, it’s okay, we believe the shit you say.

I would be interested to see the model they used to show how the laws would protect the creative industries especially since Australia is a huge market for DVD and Blu-ray sales.

How can the entertainment industries explain the HUGE profits they get from DVD/Blu-ray sales in Australia?

Let’s use Game Of Thrones.

The TV show is hidden behind an expensive Pay-tv paywall in Australia. The actual subscriber numbers for that Pay-tv provider are lower than the sale numbers of the DVD/Blu-ray season releases.

Where did all of these extra fans come from?

The content owners need to be talking about lowering their licensing fees so that the monthly streaming plans are cheaper and that all content is available in the one place.

I have a Netflix subscription and a Spotify subscription.

The content industries should be pushing more people to these services. In return, the money pie will get bigger. It’s simply economics. These industries cannot pretend anymore that the old business models are coming back.

Let’s use Game of Thrones for another example.

If HBO wants to stamp out piracy, ensure that the show is available to everyone globally from the one HBO source.

Not from a reseller.

HBO makes, it, so they should sell it, to the people who want to watch it, when they want to watch it. I cannot for the life of me understand why people need to pay another company who paid HBO a fee to re-broadcast it. It’s a business model that is doomed.

Why do you think Netflix started to make their own TV shows?

Hell, why do you think HBO started their own TV shows? Remember, HBO was once a Home Box Office re-broadcaster.

Because re-broadcasting is not a viable business models. Same deal for music streaming services.

Expect Spotify to start to sign bands and really shake up the streaming world.

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

Another Episode in the Recording Industry Dumb and Dumber File

Seriously, how stupid can the recording industry get!

Why would the recording industry associations battle a Copyright ruling that allows people who purchase a CD to legally rip it?

First, CD sales are on the decline. The whole history of music is available on YouTube and Spotify and Pandora and (insert any other streaming service here).

So why does the recording industry still fight “ripping a CD” laws. No one with any common sense can believe what the UK Music and the British Academy of Songwriters claim.

That if people are allowed to rip the CD’s they legally buy, it would cost the rights owners tens of millions. So what they want is a tax on back up CD drives.

Are these recording industry idiots seriously that out of touch with technology?

Don’t they know that most computers don’t even come with a CD drive! My Apple iMac doesn’t even have a CD drive. In other words, CD drives are disappearing at the same rate that CD sales are disappearing.

But the recording industry, which the article incorrectly calls the music industry, still believe in some 1998 ideal of CD sales and ownership.

Even one of the largest tech companies in the world, believed that music was all about ownership and not access. For whatever reasons, Apple is very late to the streaming party.

When Steve Job’s introduced the iPod back in October 2001, the selling point was “this amazing little device holds a thousand songs, and it goes right in my pocket”. For millions upon millions of music fans, the iPod became a must and in return Apple continued to grow into a very powerful company.

However, Jimmy Iovine and Eddy Cue offer nothing amazing with Apple Music. They offer a music service with features that already exist in Spotify or even Soundcloud. But they hinder their music service by putting it behind a paywall. This new “revolutionary” product is mired in the past.

It’s like the record labels constructed Apple Music and not Apple itself. Maybe that is the truth as Jimmy Iovine’s background leans more to the recording industry than the tech industry.

Artists payouts has proven to be a contentious issue again. Transparency in the area is non-existent. Apple was not going to pay artists during the streams that happen during the three-month trial period. Then Apple did an about flip and said they would. On top of all that, Apple Music is being investigated for anti-competitive behaviour.  The last thing the labels would want is a government investigation.

Did anyone also notice that when Apple did its reverse flip on paying royalties during the free 3 month periods, it was Eddy Cue who went on the record. Meanwhile, the recording industry stooge Jimmy Iovine, remained silent, just like the label heads at Universal, Sony and Warner. However it was those idiots that created this mess in the first place.

If you are a musician this is what you should know;

• Music streaming revenue is surpassing sales of music downloads.
Research from P. Schoenfeld Asset Management shows that there will be 250 million worldwide music streaming subscribers generating over $16 billion in streaming revenue.

Your challenge is to get people to listen to your music consistently. Forget about the CD sale, or that Vinyl sale or that download sale. They are memento products. Listens is your sale. Eventually, the fan base that listens will start to want your memento’s.

One last thing.

If your song is not on Spotify, it is on YouTube. Taylor Swift took her music off Spotify and saw her YouTube plays increase. Yep, that’s right. Sales of her music didn’t increase at all, but her YouTube stats went through the roof.

It’s because people want to listen.

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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

The Lies Of The Recording Industry

Money in the recording business is getting more and more each year. Warner Music Group has seen streaming income overtake downloads.

While Spotify is struggling to turn a profit from streaming, the labels are not. The free ad-supported tiers of streaming still make the labels money. The paid subscriptions model will also grow as IT companies are all about scale. This is what WMG CEO Stephen Cooper had to say and to me it is an important quote;

“The rate of this growth has made it abundantly clear to us that in years to come, streaming will be the way that most people enjoy music. Not only that, we are also confident that streaming’s ongoing expansion will return the industry to sustainable, long-term growth.”

Of course the main issue here is how are those streaming monies being filtered down to the creators.

The labels have large market power to negotiate because they have accumulated a lot of copyrights over the last 40 years. However the same artists that created those works get sweet f.a. The reason behind that is that the artist has sold or signed away their copyrights to the record labels for a fee. This normally happens before a song is popular, so the fee and the percentages the artists agree to are not representative of the market power that song might have in the future. Of course years later, the artist can re-negotiate their terms however the contracts are still stacked in the labels favour.

Even Universal Music who is pushing for no “free-tier” streaming service has seen substantial growth from streaming monies vs download and physical sales. Seriously, piracy equals zero revenue whereas streaming regardless of free/subscription offers a revenue stream. The more listeners these services get, the more income the labels get.

But the labels are greedy. If they reduce their music license fees, the streaming services can then reduce their monthly fees and more people will subscribe.

My kids love Spotify. They have grown up with it. For them, there is nothing else. Of course they don’t mind getting nostalgic with me and from time to time they ask me to play some vinyl or a CD. My kids also love Apple products so when I told them that Apple is trying to shut down the free-tier on Spotify and on YouTube, the first thing they said to me is “THAT’S DUMB”.

The public likes to be legal however we also want the legal alternative to give us what we want conveniently and for a low price. And finally in music we started going in that direction. Then came the “EXCLUSIVES”.

Suddenly, fans of music couldn’t hear everything on for the price they pay. And the end result is always piracy. People will pay for music again however it will be a long process. The label execs only think about the NOW. They are not interested in the long-term.

Back in the Eighties, not everybody paid. The recording business was challenged. We listened to the radio and we dubbed cassettes from already dubbed cassettes. We watched MTV. Eventually, people started to pay for music and the recording business grew exponentially. Greed set in and then a grenade went off in 1999.

Remember Napster. It showed the recording industry that the majority of music fans favoured access over ownership. A compressed file was deemed worthy by billions of people around the world. While the recording industry fought tooth and nail to go back to the old ways, technology companies managed to drag them kicking and screaming into a new way. Here we are 16 years later and access to music is a legitimate business.

But the recording industry want’s to ruin it all again.

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