Tag Archives: sued

Copyright, Derivative Works, Influenced, Music, My Stories, Stupidity

What If Led Zeppelin Decided To Start Taking Bands To Court for Copying Them?

The “Stairway To Heaven” case is the tip of the iceberg for cases like this.

Mark my words, Metallica (or the corporations who will own the Metallica copyrights in the years ahead) will be sued for plagiarism by the corporations and heirs of artists from the NWOBHM movement that Metallica used on their first three albums, and the California skate-punk band they ripped off for “Enter Sandman”.

Remember Copyright was designed to encourage creativity, but in the hands of corporations and heirs of the actual creators (who never should have held the Copyright of a deceased artist), copyright is now building up to have the opposite effect, “discouraging, rather than stimulating, music creativity.”

As the Conversation article states;

“I don’t think that it is appropriate to consider the act of devising a tune that simply has the same “feel” and “groove” as another as copyright infringement. This is how music creativity often works. Musicians frequently build upon earlier arrangements and styles, and so the increasing occurrence of cases such as these should give us pause.”

“Borrowing from earlier pieces is a structural element of music creation in many genres (a tune cannot always be created from scratch by just improvising). Classical music composers such as Handel, Beethoven, Shubert, Mozart, Bach and Puccini all significantly borrowed from earlier colleagues. The same holds true for jazz (which has built upon popular music and opera), rockabilly (influenced by country), rhythm and blues (which derives from boogie-woogie and gospel) and the Jamaican music scene (where traditionally covering and arranging each other’s tunes was widespread and largely accepted).”

Now, the term “original” means “not the same as anything or anyone else and therefore special and interesting”. It would be difficult to find a musician who has never listened to music written by someone else.

And yes, there are artists that did do something that “sounded not like anything else”, however if you take away the sonics, the root notes of every song are tied back to a composition that came before it and so forth. Even the evil sounding tri-tone made famous in the song “Black Sabbath” has its roots to classical music. The whole British Rock invasion of the Sixties was tied to the American blues of the Thirties.

It’s pretty safe to say that the majority of music out there is unoriginal.

Just think of how many metal and hard rocks songs have a riff over an A pedal point or an E pedal point that sounds similar in feel and groove?

But for some reason, our litigious society wants music to follow the same citing mechanisms as a University essay, with citations, footnotes and a discography of music used as an influence for the song.

At the root of it all is the descending bass line, played in the same key and an attorney called Francis Malofiy, who is well-known at bringing copyright infringement suits against any song that sounds similar to another because the acts/estates he represents are so original and their music could not have been influenced by other .

It’s easy to sue Led Zeppelin, because others have done it and its well-known that Jimmy Page likes to build on past works. But man, Led Zeppelin, actually Page and Plant in particular can sue a whole generation of artists for copying their feel and groove.

Let’s start with the most obvious (of the top of my head);

  • Robert Plant to sue David Coverdale from Whitesnake for copying Plant’s vocal feel in every Whitesnake song between 1978 and 1982.
  • Robert Pant to sue Lenny Wolf from Kingdom Come for copying Plant’s vocal feel and phrasing in every Kingdom Song between 1988 and 2016.
  • Jimmy Page to sue Lenny Wolf from Kingdom Come for copying “Kashmir” and calling the song “Get It On”.
  • Robert Plant to sue Randy Jackson from Zebra for copying Plant’s vocal feel
  • Jimmy Page and the Bonham estate to sue Coheed and Cambria for the song “Welcome Home” because it sounds a lot like “Kashmir” and for the drums having the same feel and groove as “Kashmir”.
  • Jimmy Page suing Tool because songs on “Aenima” sound a lot like “No Quarter”.
  • Jimmy Page and Robert Plant suing Billy Squier for the verse in “You Should Be High Lover” because it sounds a lot like “Black Dog”.
  • Jimmy Page and Robert Plant suing Wolfmother for the song “Woman”.
  • Jimmy Page suing Jet, for the song “Cold Hard Bitch” and how it sounds a lot like “Communication Breakdown”.
  • Jimmy Page suing Soundgarden for “Pretty Noose” because it sounds like the love child of “Kashmir” and “Whole Lotta Love”.
  • Jimmy Page suing Steve Vai for a three note sequence in his song “The Attitude Song” that is derived from “The Ocean”.

See the absurdity of it all.

I am sure there are a million bands out there that have ripped off Led Zeppelin and there are a million acts that Led Zeppelin has ripped off. But Led Zeppelin made what came before, BETTER and made a lot of MONEY from it.

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

Who Is Ahead Of The Game and Who Is Behind The Eight Ball

Ahead Of The Game
Demonoid. As the single largest semi-private BitTorrent tracker that ever existed, Demonoid offered a home to millions of file-sharers. Throughout it’s history it has been taken offline a few times and the most recent one occurred last year. However, the site is known as the “COMEBACK KID” and it is back again. Never underestimate innovation. It always trump corruption and money.

Behind The Eight Ball
As expected and predicted by everybody, the Entertainment Industries/Hollywood Studios are now suing MegaUpload. The fact that they conspired with the Government to take a cyberlocker off-line was not enough. The fact that they made a lot of people lose personal content like photos, papers and videos is not enough. Let’s spend more money and sue the organisation. I suppose the catchcry is going to be the whole “WE NEED TO SEND A MESSAGE”.

Ahead Of The Game
YouTube dominates music streaming UNOFFICIALLY.

Behind The Eight Ball
Apple’s got no streaming solution. iTunes Radio is no match for Pandora so Apple/Cook making a billion dollar deal with Beats Music (which was losing money) so that they could have a streaming solution. And Trent Reznor (who was an investor in Beats) cashed in with the Beats sale to Apple by making way more money than he ever made in music.

Ahead Of The Game
Streaming wins.

Behind The Eight Ball
Spotify laid the foundation for streaming by fighting from trench to trench. Can they compete with Apple? The word on the street is that Apple will have a better royalty rate when it comes to streams.

Ahead Of The Game
The Techies are still the winners when it comes to music and distribution.

Behind The Eight Ball
Ponos and Studio Quality music in our ear buds.

Ahead Of The Game
Independent bands that come up with creative ways to engage their fans. “The Airborne Toxic Event” a few years back released a series of stripped-down, single-shot videos for every song on their album. Check out their Spotify and YouTube numbers today. A lot of the established rock bands do not have those numbers. The lesson here is that the artists in today’s world have way more opportunities to reach out to their fans and share content with them. It’s a lifer game.

Behind The Eight Ball
Artists talking about CD sales. Or research that focuses on innovation hurting sales of music. Hell, lets bring back Eight Track Tapes and Cassettes while we are at it.

Ahead Of The Game
Number crunching. MusicMetric, Echo Nest and Next Big Sound are all out there providing analysis on music by examining all aspects of a bands presence, like Social Media, Peer To Peer, legal mp3 purchases and streaming numbers.

Behind The Eight Ball
Lobbyists are still pushing hard for prosecution of online pirates and that new law is known as the Trans-Pacific Partnership (TPP). Basically it is a free trade deal that is being negotiated in secret and it has similar provisions to America’s controversial SOPA and ACTA bills.

And what about these other little innovative beauties from the entertainment industries;

DreamWorks calling for a piracy crackdown while they rake it in.

MUSO (a takedown service) is the Entertainment Industries answer to piracy. And the UK Government is providing funding.

If you are an artist, you need to keep on creating so that you can stay ahead of the game. If you are a label, you need to be finding talent and innovating to stay ahead of the game. Otherwise, you will be behind the eight ball and blaming everyone else for your shortcomings.

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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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