Artist, er plagiarist spotlight: David Herrero, the man who stole from Underground Resistance

Shame_on_You.pngEven if you don’t know David Herrero by name, there is a good chance you’ve heard his productions or have seen him DJ somewhere. With releases on such venerable labels as Cr2, Nervous, and Defected that have been supported by the likes of Marco Carola, Loco Dice, Nic Fanciulli, Richie Hawtin and many others, as well as having played at internationally known clubs like Space Miami, it’s pretty obvious that David has quite a bit of experience in the underground music business.

So why then, with all this experience, would he sign a track to Chus & Ceballos‘ label (Stereo Productions) with an unlicensed vocal? Cornelius Harris, vocalist for Underground Resistance, is wondering the same thing. In a recent post on Facebook, Cornelius made his feeling clear to the label owners:

“Hey Chus & Ceballos, I have to be honest, discovering that you took my voice and used it for one of your tracks WITHOUT contacting me or anyone else associated really pisses me off. Take that crap down NOW. No joke.”

We at Not Your Jukebox concur with Cornelius’ sentiment and are wondering what would drive someone to do this. Especially someone who, per his biography, “live[s] for music” and when he goes to the studio, its “with the same excitement as the very first day.” Until David explains himself, we have a few theories of our own:

  1. He didn’t produce his own track. Given the sheer number of productions with his name (nearly 600 releases on Beatport), and in light of the known and rampant use of ghostwriting in the industry, we find it highly suspect that he would actually have that much creative juice running through him (especially after listening to several of his tracks).
  2. He didn’t realize that he didn’t have or need permission to use the vocals. There is always a chance he is just an idiot, even despite his proclaimed longevity and knowledge in the industry.
  3. He just plain old-fashioned thought he would get away with it. He would have gotten away with it too if it wasn’t for those meddling kids interwebs.

Personally, I think it is a combination of all three (keep in mind, the original track is titled Transition and David’s is Make Your Transition, I mean come on). Unfortunately, in the end, I suspect we won’t hear from David and that the offending track will eventually be erased from the internet as much as possible. Even Chus & Ceballos’ reply to Cornelius was a meek and garden variety, ‘whoops we had no idea’. But I am curious, how many other people have been ripped off by this “artist”?

Feel free to let David know your own thoughts on the matter. At the very least, you can always, gently, educate him it is never a good idea to mess with Underground Resistance and that maybe he should offer Cornelius an apology.

***UPDATE***

Seems there is another very similar rip off by Gonzales & Gonzalo on KD Music.

The original track:

 

The offending track:

 

Another offender:

Access is why you will never be a rich and famous musician

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There is a myth involving the music industry that seems to persist from generation to generation. The myth that, when it comes to music, the cream always rises to the top. That is, the best music/artists will always get signed to a major label, get played to the masses, make it to the top of the charts, become a sit sensation, etc., etc. That the music constantly getting played on the radio or that finds its way onto a movie soundtrack is the best of the best. This is simply not true; the sheer amount of pedantic crappy pop music that constantly assaults our aural peace is proof of that. Naturally, artists and labels generally don’t want to dispel this myth, as they benefit financially from the illusion that things like constant radio play means that the music is popular and thus worthy of your money ala download sales and concert tickets.

The reality is that determining which music/artists that get to ‘rise to the top’ is primarily an issue of access. Access to the right people and the right funds is what drives the music industry (or any industry for that matter).

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It’s all about who you know (or networking, networking, networking)

Every industry has gatekeepers. There are gatekeepers everywhere you turn. As if dealing with them wasn’t challenging enough, figuring out who the ones are that can provide any actual help is damn near impossible. The guy claiming to love your sound and absolutely will get you signed and make you rich and famous usually turns out to be some coked up blowhard looking for a new drink ticket hookup. Meanwhile, that slightly awkward guy you just accidently bumped into and made him spill his drink because you were too distracted by that coattail-rider putting dollar signs in your eyes and didn’t even offer an ‘excuse me’ like your poor mother taught you, is a major label rep who just wrote you off.

The good news is that no single gatekeeper can make or break you. There are many paths to success, but they ultimately all rely on your network. Who you know and, more importantly, who knows you. You can have the best music in the world, but if the right people don’t have access to it, it will mean nothing in terms of a career. Now, if you are just making it for yourself, or for that one hipster and his bragging rights for finding your unknown work after an all-night smug fueled search, driven by the constant worry that he won’t be allowed in the gluten-free locally sourced vegan coffee shop without scowls and jeers from the artisanal baristas unless he produces something previously undiscovered, then this need not apply to you. But if you want to build an audience, and make a career in music, then you need a network.

Not only is your network crucial for exposing your music to “important” people in the industry, as well as building your audience, it is vital for you to improve and refine your crappy pop music so that you can build a bigger and wider audience and move on up the ladder within the industry. There are no overnight successes, despite what you may hear, there are just people that have access to better networks.

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Money money money money, money

If you don’t have access to money (whether it be yours or an investor) you aren’t going to be that chart-topping artist that you promised all your ‘haters’ you would become. Money makes the world go ‘round, and the music industry in no exception. Aside from needing money for obvious things like equipment, accessing listeners (you know, the ones that actually pay for your songs and for those overpriced tickets to your show and gives you value as a selling artist to labels and venues) costs money, mainly through both direct advertising and indirect advertising (like radio play or those crappy CDs playing in stores that retail clerks have to listen to all day long and then die a little inside when you ask them what song is playing right now because they have no idea and they just want you to buy that damn shirt so they can go refold all those clothes you just messed up looking for that perfect black V-neck).

One of the advantages of being on a label used to be that they essentially acted as an investor. They would take care of getting the music beyond your own small fan base and activate their hype-machine to get your work exposed to the mass market, just like any other business and product, all to maximize their return. Given the, now, low return from digital sales and the extreme saturation of available music, this model has changed and you basically have to already be profitable before you will be taken seriously. Further, everyone has all but relegated to compete for listeners online (usually on the same limited sites and social media platforms). To make matters worse, the algorithms that expose content to people on these sites are always changing, making it even harder to get exposed without any kind of substantial investment.

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Think of it this way… Beatport, one of the more popular digital retail outlets for dance music, has over 4.6 million songs just in their Progressive House genre alone. When they first started 11 years ago, you could search and sort by artist, the site is so saturated now that it no longer remains an option. Further, let’s just use a safe round number and say that you are competing with 1,000,000 other artists worldwide for attention. This means you have a .0001% of making into the top 100. Want to be a top 10 artist you say? Well, then that would be .00001% (and this is all assuming of course that your music isn’t complete crap, which, odds are it is).

The truth is that the odds you are going to be a superstar are very low, sorry to be the one to have to break it to you. Unless you are one of those lucky few that just happens to make the right kind of network, or have the right amount of funds to invest millions in advertising, you might want to start making friends with that hipster after all.

Disclaimer: Yes, I know that there are always exceptions to the rule and that there are examples of your sister’s cousin’s ex-roomate’s, former dog’s owner’s lover that made it to the big time after being discovered in the ghetto while doing dishes in the back next to the toilet. There is a reason those stories stand out, because there are extremely rare. Being at the right place at the right time can play a role when extreme talent is involved, but access to a good network is still key even in those cases.

Disclaimer part 2: I’m not trying to discourage you from making music or following your dreams. Ultimately I just want you to be realistic about your goals and how to get there. If you have real passion for the music, and you have a vision that you really want to share, share it. Now, if you are just trying to be famous for the sake of being famous, I am actually trying to discourage you. The music industry is saturated with enough meaningless crappy songs, quit.

Reaching a new level of fakers: label boss rips off classic and calls it his own

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Via the wonderful world of the interwebs and social media a big no-no was brought to our attention. There has been a lot of talk (again) of ghostwriting and people getting credit for work they didn’t do, but we have for you an example that is on the extreme end of that spectrum. First, enjoy this wonderful piece of house music by Tim Deluxe on Underwater Records that was released in 2001, pay special attention to the sax (by Jamie Anderson) and around time mark 3:30.

Great track right? Now listen to the preview of this track “by” Xavier Jacome aka DJ Rip (no, seriously) on his label Butta Records that is scheduled to release this month (#1 on Traxsource’s June 8th Featured Jackin House Essential list no less):

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No, you aren’t going crazy, those are the same song. What’s worse is the text found in the info section:

Finally after all my labels works I had some time for my passion. Making music. This is what happens when you put me, a talented saxophone player and some whisky in a room for 48hrs!! Chicago representing!!!

Mastered by Xavier Jacome @ Direct Drive Digital Studios

This, kiddies, is another important reason as to why it is ever so important to do your homework and understand there is a wide breadth of great music out there: to prevent scumbags like this from making money off of work that isn’t theirs.

Even giving Faker Xavier (as he shall henceforth be known) the benefit of the doubt that maybe, yes, he was super drunk on a two day whiskey binge and maaaaaybe he just got confused and was making a song while ripping a classic track from the youtubes and, yes, some file names got crossed and he accidentally submitted this track to the distributor instead of his super awesome original, even granting him all that, he’s still an idiot. And a bad label boss for not doing some quality control.

While I haven’t seen any response by Faker Xavier just yet, I’m anticipating either the Vanilla Ice defense (mine goes ding ding ding *ting* duh-da-ding ding) or something akin to Lady Gaga’s “it was just a tribute” route. Either way, shame shame I know your name, Faker Xavier.

But to be fair, maybe there is a good explanation; like he is also friends with Jamie Anderson and they were so drunk they just inadvertently made the same song or in some weird cosmic coincidence two pairs of people at two different times more than a decade apart just happened to make the same track. Let’s make a game of it shall we? Come up with your best excuse explanation for either why this isn’t the same song or for why this was just a simple mistake. Ready, set, go.

***UPDATE***

DJ Rip (off) is “officially” blaming it on a label error as the label (him) can’t possibly catch all the submissions that are previously released. But… um… his name was on the track for his label, so a) did he not catch his own fraudulent submission or b) did he steal someone else’s fraudulent submission and slap his name on it?

***UPDATE***

Looks like the song has been removed from Traxsource. Good job to everyone who made some noise on this… who’s next?

The bifurcation of DJ/producer pay and a case for unionizing

There has been a lot of writing (including our own) about the ‘clowns’ of the industry and the damage they cause to the dance music scene by way of their shenanigans, ghostwriting, overpriced ticket sales, lack of respect, lack of general talent, so on and so forth. However, there is a bigger problem that these so called celebrity DJs and producers are facilitating: the bifurcation of pay amongst dance music artists. There is an ever expanding gap between the DJs that get paid tens to hundreds of thousands of dollars per gig and those that are lucky to get offered a gig for anything more than “good exposure”. A gap that will only get worse as corporate entities become more and more involved with dance music.

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The problem

Advances in technology and automation as well as the ever dwindling price of gear and music have created a level of access that has made it easier than ever for anyone and everyone to call themselves a DJ. Combine this with the pop culture spotlight that is increasingly shining down on our once intimate world and we have the homogenization and saturation of DJs and producers that plagues us today. A plague that has no comparison to any other genre of music, and this includes the 80’s and 90’s when everyone picked up the guitar and called themselves a rock musician or stood in front of a microphone and called themselves a rapper.

The end result of this saturation and homogenization is a detrimental bifurcation of pay,  causing the middle class DJ to disappear, which is on par with what is happening to the rest of the American population. Many argue that it is simply a case of “the cream rising to the top”, but for those that factor in corporate involvement, investments, marketing, saturation, access, ghostwriting, celebrity DJs, and a multitude of other factors, know that it is very rarely the case that someone rises to the top of the financial ladder just because their music is the best liked. When it comes to the big money in the music industry, many hits are more a product of marketing success, investments, and heavy exposure/repetition campaigning than a result of something being simply the best liked.

On one end of the spectrum an elite few find support by way of investment and promotion that gets them heard by the masses. On the other end, a flooding of entry level DJs who want a shot at the new celebrity status that has been bestowed upon the namesake flood the market and are willing to work for very little pay, or for that all time favorite perk offered by seasoned promoters and club owners, good exposure. Naturally this is a better financial move on the promoter’s end, but this reduces the opportunity for all DJs as there is now a flood of local or regional talent that is satisfactory enough, at least until the headliner comes on, and ultimately removes any need or desire to pay for the expenses and fees that come from more seasoned talent that may or may not be from the region. It also puts the promoter into a position to move on to the next freeDJ as soon as the first one starts asking for more than just good exposure, which is bound to happen.

This is just one area where a union could come in handy, to not only protect the DJ but the longevity and quality of the dance music scene as well. Further, if the union was able to develop into something that even remotely resembled the Screen Actors Guild, (the longest running and most successful entertainment union) DJs that didn’t make millions of dollars throughout their career could feasibly have access to emergency funds, medical insurance, retirement options, and a wealth of other benefits and protections.

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How it could work

There is no question it would take a tremendous amount of work, organization, and coordination. There is no question that there would be a tremendous amount of push back from venues and promoters. But, with some support from a few of the major players it could actually be quite achievable. We would first need the support of promoters like Pasquale Rotella (Insomniac) and headlining performers like Joel Zimmerman (Deadmau5) to support the union. I call them out specifically because on more than one occasion they have either expressed their love of the scene or their hatred of the garbage it has produced, I’ll let you figure out who said what.

Once a few of the larger venues and artists joined it would naturally start to trickle down to the smaller ones.  Venues would still have the option to use non-union talent, but would’t have access to the headliners and DJs that were in the union unless they could show that they met a booking quota of union talent. Benefits wouldn’t be one-sided, the union could help mediate contract disputes by either party, impose sanctions or fines to violations, and in general, help raise the bar in terms of performance quality.

Aside from membership dues, a certain amount of live show experience could be required to join the union. This wouldn’t prevent anyone starting out from getting gigs, but rather help screen and filter out those that aren’t serious about taking the DJ path as a career, this would ultimately help alleviate the over-saturation in the market. By following much of the system set up by SAG, we could help protect the talent and help relieve some of the saturation that has caused way too many cases of seasoned and talented DJs being asked to play for exposure.

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Why it will probably never happen

As realistic as unionizing may be in theory, in practice it will likely never happen. The two biggest proponents being greed and ego. Venues and promoters are often short-sighted when money is involved. In part because what is popular can change nearly instantly or they work from event to event and they want to keep the revenue flowing, and in part because they want the maximum profit immediately and don’t want to give up those free, exchange for cover and drink tickets, or $50 DJ slots.

Despite much of the unity and togetherness that is promoted within the consumer-side of the scene, the industry-side is rife with competition. DJs are generally not in the habit of helping one another out, unless they clearly see a greater benefit. Despite all the benefits that they would receive from being unionized, it is not unreasonable to think that when something like a call to strike occurred that there would be too many DJs that saw it as their chance to stand out or make a quick buck, rendering any strike meaningless.

Just keep this in mind: unionization has a proven track record for entertainers like TV and film actors, shouldn’t we have the same protections and benefits?

The curious case of Pioneer DJ’s new analog turntable

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Over the last 20+ years I’ve watched Pioneer work tirelessly to make CDs (and eventually MP3) the standard for DJ medium. Their own CDJs have become the main setup at every major venue and have essentially pushed vinyl out of the booth. And why not? CDs/MP3s are more convenient, less expensive, and provide longevity and the ability to replace lost music that scratched and skipping records cannot. So why now are Pioneer vinyl turntables about to hit the shelves?

Has Pioneer suddenly been stricken with remorse for its part in all but eradicating vinyl in the dance scene and now seeks penance? Has their corporate headquarters suddenly been taken over by old-school DJs who have had enough of controllers and the over-saturation of DJs? Are they tired of making fistful of dollars by selling the premier rigs? Not likely.

Why turntables, why now?

Pioneer is in business to make money. Businesses do not invest resources into projects unless they perceive there is profit to be made, even when producing a niche item. Simply put, they believe there is profit to be made. This is an interesting move considering more and more DJs turn to controllers and software. Even more interesting, the new decks do not contain any midi or digital interfaces, they are purely analog. Let’s consider this for a second; the most prolific DJ gear manufacturer, the one that spent over two decades pushing its digital gear so it would become the industry standard, believes there is profit to be made from analog turntables.

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We’ve all seen the reports that vinyl sales are up and that there has been a renewed interest in the medium, some artists even going so far as to release only vinyl, but have we really seen the difference in the booths? Not really, CDJs still reign supreme. Despite recent vinyl growth, the focus in the booth is still on the all too easily accessible MP3. So why is Pioneer even bothering? Are they just seeking market dominance and hoping to capitalize on a possible final surge of record sales before it completely disappears? Possibly. But with vinyl sales currently breaking records (pun unavoidable) it is not likely the medium will be disappearing anytime soon.

Could it possibly be that they are preparing their rekordbox software to be a stand alone competitor for DJ software like Traktor and Serato and want to provide their own analog controller option? Maybe. While I wouldn’t put it past them, it seems to me that there would be some kind of digital interface built-in to further integrate the tables with their other products, not to mention it would make the price point much more attractive for most.

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Speculation aside, I see a profitable option that I’m hoping Pioneer will take. I’m hoping that Pioneer sees a potential to create a symbiosis within the market place that will ultimately create more revenue for themselves while keeping a smile on the vinyl addict’s face. If they push their turntables even a fraction as hard as they did with the CDJs they will indirectly help drive vinyl sales up, which will naturally in turn drive turntable sales even higher, which will push vinyl sales even more, and so on. Preference and nostalgic desires aside, as someone who sees the financial benefits of a vinyl resurgence, I’m more than happy to see Pioneer put forth these little beauties.

What’s this vinyl business?

In the early 90s my DJ rig included pair of Pioneer CDJ-500IIs for no real reason other than most of the music I played was on CD. At the time I never thought that CDJs would become the industry standard, especially when taking into account all the grief given by my fellow DJs for using CDs (many of which now give me grief for preferring vinyl).

By the mid-90s I moved away from CDs to vinyl for three main reasons: I liked the feel, I preferred the sound, and vinyl was where it was at for underground music. Eventually, I also came to realize that vinyl ultimately made financial sense. It was better for creating a unique sound for myself, which from a business standpoint was imperative.

More so than CD, vinyl was often released in limited runs, making it easier to stand out by playing music that other DJs did not have. Nothing like the Beatport/Shazam everyone has everything instantly of today’s DJ world. Vinyl was also more expensive, harder to mix, and more of a hassle to maintain, which inadvertently provided the added benefit of keeping the total number of DJs entering the scene much lower. This increased the value of the DJs that were already in the market as a result of basic supply and demand.

Clearly, Pioneer does not profit from there being less DJs in the world, but the question remains: Will Pioneer push their gear and invite a further resurgence of vinyl bringing it back into the booths, are they just setting up a future release of an advanced version of rekordbox, or are they just OCD and trying to round out their DJ gear offerings? Let me know what you think. Are you happy to see Pioneer make some analog tables? Or is it a case of too little too late?

How to become a successful music producer

Step 1: Don’t take yourself too seriously.

The problem with ghostwriting dance music

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Not long ago, the interweb was abuzz with some potentially interesting discussion regarding dance music ghostwriting. Unfortunately it was short-lived and the parts of the discussion that had any real value never fully materialized. While a few articles claimed to oust some ghostwriters, they did little more than praise artists like Benny Benassi (known ghostwriter) for their hustle. Really, there should have been at least a hint of discussion about how ludicrous the whole enterprise actually is.

No harm no foul

The discussion has since been abandoned with a hastily adopted conclusion that the whole thing falls into the ‘no harm no foul’ category. Something to the effect that if the ghostwriter is ok with the terms of the contract they signed and if the person who attached their name to the work has no moral dilemma with purchasing the illusion that they possess some skill, then there is no problem. Before you subscribe to such monetarily-centric industry behaviors, let’s put a few of the important aspects of this trade into focus.

It should first be made clear that really, the ghostwriter is not to blame. It takes tremendous hustle to make ends meet in today’s economy, especially by way of the music industry. Having talent alone isn’t nearly enough to survive, even for those few of a kind that can produce more than a single potential hit. Ghostwriters alone may not have the infrastructure, contacts, or financial backings available that are needed to make music a successful hit. This is of course assuming that they even wanted to be in the limelight in the first place.

The ghostwriter is also clearly more interested in choosing money over artistic integrity by the very fact they are parting ways with their creation in order to let someone else take the credit for a few (or many) bucks. There is no mistake or confusion as to what their goals or intentions are in regards to their work. They are in it to make money, clear and simple. The person attaching their name on the bought work, however, is a liar. They are living a lie and they are selling a lie.

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The Elton John defense

People often cite artists like Elton John, Elvis, or any of the countless artists who are not only well known for not writing their own music, but also for becoming quite famous as a result of the songs that the ghostwriters provided them. There is an obvious, but unfortunately, overlooked difference in having a ghostwriter provide you with a song that you in turn PERFORM LIVE for an audience compared to a song you simply PRESS PLAY for an audience. Artists like Elton John still perform the song. They bring their own talent to the equation, a piece of themselves, as well as some actual effort to the piece.

Even when assuming the extremely unlikely scenario that a DJ/Producer who is willing to slap his name on someone else’s work in turn actually mixes it in to his own set (and yes some DJs buy premixed sets to play out for ‘live’ shows), are they really bringing any talent to the performance? Wouldn’t this then give him the right to lay claim to every song he plays in his set as his own by proxy? The short of it is that they aren’t selling a track as a result of their performance of it or really anything they are adding to it, as is the case for artists like Elton John.

For a producer to even qualify as having talent they need to actually produce, for a DJ, they need to actually mix (and mix live at that). When you buy either of these tasks and slap your name on it, it just makes you a lying fraud. These credit usurping talentless frontmen that do so are no Elton Johns, rather, they are more akin to Milli-Vanilli than anything else. If we didn’t stand for Milli-Vanilli’s pedantic synchronized dancing and lip-syncing nonsense when they were called out, why should we stand for any of these Jesus posing sky-pointing fakers?

Selling lies

At this point some people might be tempted to spout off some rhetoric nonsense like ‘if the people like the music, have a good time and are none the wiser, what difference does it make? Who gets really gets hurt?’ The industry gets hurt and the consumer pays the price, quite literally. Not only are consumers buying and perpetuating a lie, they are elevating these glorified lip-syncers to millionaire status. Consumers are unknowingly perpetuating a system where imitators keep raising their performance prices, which in turn further gouges the consumers when it comes to performance costs, all in the name of paying for the artist’s increasing cost of their lies and fame greed. Dance music has become increasingly caught in a vicious cycle of paying for lies.

As always, Not Your Jukebox seeks to remain a champion for art, truth, consumer awareness, and to encourage others to do the same. Don’t pay for lies and fame greed, demand better.

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