Cut out the music industry middle-men, think small and make big money

I got a Facebook message from Ben Peel in Bradford, saying:

“I would love you to go check out my home-made video from my debut single here. It will sure make you smile. I have currently just released my debut album – which can be previewed here. ”

I don’t know Ben Peel nor his band The Wool City Folk Club, but his video and songs are interesting.

Quite soon some unknown person is going to achieve worldwide fame and become a millionaire through YouTube clips and subsequent audio or video downloads. Maybe the Arctic Monkeys have already done it, but only on a limited scale.

Perhaps in a couple of years time, Ben Peel will be a multi-millionaire.

Or maybe not.

The world is changing fast but no-one knows what the fuck is going on or what they’re supposed to be doing.

Shortly before Apple announced their new iCloud service, I wrote a blog in which I mentioned the on-going death of the traditional record industry – by which I meant vinyl, tapes, CDs and DVDs sold in shops.

The blog resulted in some interesting feedback.

Hyphenate creative Bob Slayer (he’s a comedian-promoter-rock group manager) reacted:

“It is at worst a myth and at best very misleading to say that the record industry is dying – there is more demand for music then ever. What has happened over the last ten years is that the music industry has completely reinvented itself. The X-Factor has had an effect and a smaller number of pop artists are selling a high number of records. They still operate in a similar way to the traditional industry.

“But everywhere else has radically changed so that the artist (and their management) can play a much more hands-on role in controlling their own careers.”

Mr Methane, the world’s only professional farter, who knows a thing or two about self-promotion and has made his own music CDs produced by former Jethro Tull drummer Barrie Barlow, tells me:

“Large record labels no longer have the money to keep well-known acts on retainers or publishing contracts like they used to and have pressed the ejector seat. New and well-known acts are not as a rule getting huge piles of money thrown at them to go away and make an album. The Stone Roses’ great rock ’n’ roll heist, where they made one decent album then got a shed load of money advanced to make another and did sweet FA, just would not happen in today’s economic climate – or at least it would be highly unlikely.”

We have entered the entrance hall of an iTunes world of downloads with megastars and small self-producing, self-promoting unknowns where good middle-ranking performers and groups will potentially be squeezed out. It is much like comedy at the Edinburgh Fringe, where the big TV names and unknowns on the Free Fringe and Free Festival pull in crowds, but it is increasingly tough for very good, experienced middle-rankers with no TV exposure.

Ben Peel, just starting out in the music business, says:

“The digital realm does not have time for people who are solely musicians. You have to evolve into some type of super musician / marketing guru to be able make an impact amongst people. I have to be 50% musician, 50% marketing and branding. The digital realm is creating a new generation of musician: one-man machines cutting out the middle-men. The downside is that the middle-men had collateral – and contacts.”

Self-promotion ability is vital, though Ben thinks e-mails are outdated in publicity terms.

“I do a gig… and send an email out… I get ten people there…. I do a gig and throw out a 30 second YouTube short… one a week on the run-up to a gig…. I get two hundred people to attend and the exposure of the viral promoting and people re posting is priceless…. You cannot buy ‘word of mouth’ promoting …. you can only inspire it through something quirky/ original/ funny/ catchy etc.”

Bob Slayer manages not only the wonderful Japanese rock group Electric Eel Shock but also internet phenomenon Devvo and tells me:

“At his height, Devvo was achieving over a million hits on every YouTube clip we put online. We had no control over who was viewing them but, as they were mostly passed around between friends, he found his natural audience. Devvo is not really understood outside the UK, so that massive following came largely from the UK and predominantly in the north. It meant that, he could easily sell-out medium sized venues anywhere north of Birmingham and strangely also in Wales but, for example, we struggled to sell tickets in Brighton.”

Financially-shrewd Mr Methane has so far failed to dramatically ‘monetise’ the more than ten million worldwide hits on just one of several YouTube clips of his Britain’s Got Talent TV appearance. but he sold shedloads of CDs and DVDs via his website after appearances on shock jock Howard Stern’s American radio and TV shows because small local radio stations across the US then started playing his tracks. They were small local stations, but there were a lot of them.

Only Bo Burnham, winner of the 2010 Malcolm Hardee ‘Act Most Likely to Make a Million Quid’ Award, who straddles music and comedy like Mr Methane and started as an online phenomenon, seems to have got close to turning YouTube clips into more mainstream success and music downloads.

The fact Mr Methane made a lot of money online, sitting at home in Britain, after very specifically local US radio exposure is interesting, though.

At the bottom of his e-mails, Ben Peel has a signature:

“Dwarves are like tents… a lot easier to get out of the bag than they are to put back in.”

Yes indeed. And that is very true with new technology. But it made me remember something else.

Years ago, I attended a Writers’ Guild of Great Britain meeting where the speaker’s message was “The way to make money is not to think big but to think small.”

He suggested that one way to make money was to create a weekly five or ten minute audio insert which could be run within local US radio shows. If anyone could come up with an idea, made in Britain, which would be of interest to Americans on a weekly basis, you could sell it to local US stations at a very low price.

If you tried to sell the mighty PBS network a weekly half hour show for £2,000 it was unlikely they would buy it.

But any small local US radio station could afford to pay £5 for a weekly five or ten minute insert. If you could sell that same insert to 499 other small local US radio stations (not competing against each other because they are small purely local stations), you would be grossing £2,500 per week for creating a five or ten minute item. And you could distribute it down a telephone line.

If you could persuade the stations to buy it for £10 – around $15 – still throwaway money – then, of course, you would be making £5,000 per week.

The trick was to price low and sell in volume.

That was before iTunes, which became successful by that very same model of micro-pricing. It was worth buying a single music track if it only cost 79c in the US or 79p in the UK. If iTunes had priced a single music track at £1.60 in the UK, they would almost certainly have sold less than half as many units, so would have grossed less money.

Think small. Think cheap. Think volume.

Modern technology allows ordinary bands to record, mix, cut and put their own tracks on iTunes alongside music industry giants. It also allows people in New Zealand to listen to and watch Ben Pool on YouTube just as easily as people in Bradford can see him play a live gig.

Think small. Think cheap. Think volume. Think worldwide.

Just as some comedians are looking into e-publishing, bypassing traditional publishers, Ben Pool in Bradford and local bands in South East London can now expand beyond selling their own CDs after gigs and could reach a worldwide paying audience of millions with no music industry middle-men.

Last year, I wrote a blog titled Britain’s Got Talent in Pubs about an astonishing regular pub gig I saw in South East London featuring Bobby Valentino and Paul Astles.

A week ago, I saw Paul Astles perform again, this time with his seven-man band Shedload of Love in their monthly gig at The Duke pub on Creek Road, Deptford, not far from Malcolm Hardee’s old Up The Creek comedy club. They also play the Wickham Arms in Brockley every month. They are astonishingly good. Formed in 2004, they recently recorded an album at Jools Holland’s studio in Greenwich.

Both the Paul Astles bands are world-class, playing mostly locally but, if promoted on the internet, they could garner a worldwide following with no music industry middle-men.

There are, of course, as with anything involving creativity and cyberspace, those big words IF and COULD.

How thinking up a good TV format can make you a millionaire or screw you with a horrendous court case

Last weekend I posted a blog about Mr Methane phoning me from Manchester Airport on his way home from recording a TV show in Denmark. It turned out he wasn’t on his way home. He is still away on his professional travels – farting around the world, some might call it – but he has given me more details of the Danish show he appeared in.

He was brought on stage as Mr Methane and farted in the face of a man whom he had to make laugh within 60 seconds. Mr Methane tells me:

“The show comes out in Denmark in the autumn and is called My Man Can: the ladies bet on what their man will be able to achieve and he has fuck-all idea what’s going on because he is in a glass cylinder listening to Take That or some other shite music that’s being piped in. It’s a bit like a modern day Mr & Mrs with a slightly different twist so Derek Batey doesn’t see them in court.”

It does sound a bit like that to me too and I also thought Derek Batey created the TV gameshow Mr and Mrs but, in fact, it was created by the legendary Canadian TV quiz show uber-creater Roy Ward Dickson

TV formats are big business. I remember the ATV series Blockbusters hosted by Bob Holness (the request “Give me a pee, Bob” was oft-quoted by fans).

It was based on a US format and, in the UK, was networked on ITV from 1983 to 1993. In one period, I think in the late 1980s, it ran every day around teatime Monday to Friday. From memory (and I may be wrong on details) at that time the format creators were getting £5,000 per show and the show was transmitted for six months every year – I think they transmitted for three months, then had three months off air, then transmitted for another three months and so on.

That is serious money in the late 1980s. To save you the calculation, 26 x 6 x £5,000 = £780,000 per year for a format thought up several years before; and the format was also running on US TV and in several other countries around the world and, for all I know, could still be running in several countries around the world 25 years later.

That is why format ownership and copyright is so important. If you have an idea, it can maintain your millionaire status 25 years down the line. Ripping-off formats is an extraordinary phenomenon. You would think, given the amount of money involved, that there would be some workable law against it, but there isn’t. One factor, of course, is that you cannot copyright an idea; you can only copyright a format and there lies the rub that will probably stop you and me becoming millionaires.

My Man Can, for example, is most definitely not a rip-off of Mr and Mrs. The format of My Man Can is that “four women gamble with the abilities their partners possess – and put the men’s courage and skills to the test. She sits at a gambling table and bets her rivals that her man can accomplish certain tasks. He waits helplessly in a soundproof cubicle, waiting to hear the task his wife has accepted on his behalf. Each of the women is given 100 gambling chips which she uses to bet on her partner’s performance in each round of the game.”

The most definitive horror story I know about formats is the scandalous failure of Hughie Green to get the courts’ protection over the format to his Opportunity Knocks talent show.

Green first started Opportunity Knocks as a radio show in 1949. As a TV series, it ran from 1956 to 1978 and was later revived with Bob Monkhouse and Les Dawson presenting 1987-1990.

Hughie Green invented a thing called “the clap-o-meter” which measured the decibel volume of clapping by the studio audience after an act had performed. But the acts were voted-on by viewers and Green’s several catch-phrases included “Tonight, Opportunity Knocks for…” and “Don’t forget to vote-vote-vote. Cos your vote counts.”

The way I remember the copyright problem is that, one day in the 1980s, Hughie Green got a letter from the Inland Revenue asking why, on his tax return, he had not declared his royalties from the New Zealand version of Opportunity Knocks in 1975 and 1978. This was the first time he knew there was a New Zealand version.

It turned out the New Zealand Broadcasting Corporation had transmitted a TV talent show series which not only ran along the same lines as Hughie Green’s show but which was actually titled Opportunity Knocks, had a clap-o-meter to measure audience clapping and used the catchphrases “Tonight, Opportunity Knocks for…” and “Don’t forget to vote-vote-vote. Cos your vote counts.”

Not surprisingly, in 1989, Green sued the New Zealand Broadcasting Corporation for copyright infringement. He lost. He appealed. He lost. My memory is that it ultimately reached the House of Lords in London, sitting as the highest court of appeal in the Commonwealth. He lost. Because all the courts decided that a largely unscripted show which was different every week (which is what a talent show is) with “a loose format defined by catchphrases and accessories” (such as the clap-o-meter) was not copyrightable and “there were no formal scripts and no ‘format bible’ to express the unique elements that made up the show”.

In 2005, Simon Fuller sued Simon Cowell claiming that Cowell’s The X-Factor was a rip-off of Fuller’s own Pop Idol. The case was quickly adjourned and settled out of court within a month. Copyright disputes are not something you want to take to court.

Once upon two times, I interviewed separately the former friends Brian Clemens (main creative force behind The Avengers TV series) and Terry Nation (who created the Daleks for Doctor Who). BBC TV had transmitted a series called Survivors 1975-1977 which Terry Nation had created. Or so he said. Brian Clemens claimed he had told Terry Nation the detailed idea for Survivors several years before and Nation had ripped him off. It destroyed their friendship.

As I say, I interviewed both separately.

I can tell you that both of them absolutely, totally believed they were in the right.

Brian Clemens absolutely 100% believed he had told Terry Nation the format and had been intentionally ripped-off.

Terry Nation absolutely 100% believed that Survivors was his idea.

They fought a case in the High Court in London and, eventually, both abandoned the case because of the astronomically-mounting costs. Neither could afford to fight the case.

There’s a lesson in legal systems here.

Basically, even if you are fairly wealthy, you cannot afford to defend your own copyright. If you are fighting as individuals, the legal fees will crucify you. If  you are foolish enough to fight any large company, they have more money to stretch out legal cases longer with better lawyers than you. They will win. In the case of Hughie Green, even if you are rich and famous, you may be no different from a man who is wearing a blindfold and who, when he takes it off, finds someone is farting in his face.

When BBC TV remade Survivors in 2008, it was said to be “not a remake of the original BBC television series” but “loosely based on the novel of the same name that Nation wrote following the first season of the original series.”

Guess why.