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Warner Music Playing Hardball With Rock Band

We recently discussed the fight brewing between the music industry and the popular music games, such as Rock Band and Guitar Hero, over the licensing fees paid for songs used within the games. Well, Warner has stepped things up and denied access to future songs without a payment increase. "Once the already-agreed-upon music runs out in the Summer however, the two companies will have to hammer out a new deal that's amenable to both. If MTV Games ends up giving Warner a larger slice of the pie, you have to think that the rest of the labels will begin asking for the same cut." The Rock Band games have seen a steady stream of DLC additions to their song libraries, the most recent being Stevie Ray Vaughan's Texas Flood album. Activision has been busily working on new Guitar Hero content as well, revealing details for Guitar Hero Greatest Hits, which is due out in June. Ben Heck (of Xbox 360 laptop fame) has just put together a breath controller for Guitar Hero World Tour's bass drum, for those unable or unwilling to use the standard pedal.

24 of 86 comments (clear)

  1. Better idea for Rock Band by shawb · · Score: 4, Informative

    I hope they sit down with the Warner execs and say: Have a look at album sales after we release a track. If you want us to use your songs, pay up. If not, we can always go elsewhere.

    --
    I'll never make that mistake again, reading the experts' opinions. - Feynman
    1. Re:Better idea for Rock Band by polle404 · · Score: 2, Insightful
      well, if they sell too many albums, they can't justify the whining & suing over copyright infringement, can they?

      much easier to just squeeze every last penny out of fringe franchises, and blame everyone else for the failure of your primary business model.

      --

      ~men are from earth. women are from earth. deal with it.~
    2. Re:Better idea for Rock Band by Kneo24 · · Score: 2, Interesting

      I really hope they do this. It's the exec's jobs to look over reports, hell, sometimes even do their own reports, to figure out how to generate more income without harming themselves. If Warner is really full of that many stupid execs... well I hope their stockholders pull out. No sense in wasting your money on a company that obviously can't yank their head from their ass.

      I don't know why record companies think they're entitled to be given money so that others can essentially advertise their music.

  2. What are they thinking? by yotto · · Score: 4, Insightful

    "You didn't give us enough free money for providing us with free advertising for our cash cow that we didn't even put work into in the first place, so no deal. Come back when you've got even more free money than what you gave us last time."

  3. To be fair... by bigmouth_strikes · · Score: 2, Insightful

    These games use the music as a very integral and essential part of the game, not as an effect or to convey a certain mood. I believe that the money the labels receive under the current agreement makes no difference between those two circumstances.

    Not that the music labels would succeed in recognizing any income apart from up-front money... I mean, they probably mark up the songs in games as "lost sales", since people wouldn't have to buy the records.

    --
    Oh, I can't help quoting you because everything that you said rings true
    1. Re:To be fair... by SuiteSisterMary · · Score: 4, Interesting

      To be fair, shouldn't the labels be on their knees, thanking Jeebus that somebody actually *wants* to pay money for entire albums from the 80s?

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  4. Yeah, could backfire on Warner by TheLink · · Score: 4, Insightful

    This might backfire on Warner, and Rock Band might really do what you hope - ask Warner to pay them for the privilege of having Warner songs as the bundled songs in the next game.

    Rock Band can definitely walk away. The Guitar Hero game already has enough mindshare on its own to do without Warner's "help".

    As long as they have an idea of what music their target market likes, they can even fill it with 100% indie songs, and the people buying the next GH game will still buy GH (and some CDs).

    Pick good stuff, add a bit of "rebel" marketing, and the teens/youths won't care that there are no big names.

    After all half of them might never have heard of the "big names" either. Some of the big name hits came out before the kids were born (for example - Strutter by Kiss was released in 1974). So it's all the same to them.

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    1. Re:Yeah, could backfire on Warner by LordKronos · · Score: 4, Insightful

      In some cases, that's true, but most of the time I don't think it is. I mean look at Rock Band 2. When it was released, they said it would come with 80+ songs, and then there would be a download code so that you could download another 20 once they got them ready. Everyone was excited. Then Harmonix released the 20 songs for download and they all turned out to be indie songs. Tons of people bitched and complained, and many won't even go and download those 20 songs even though they are free.

    2. Re:Yeah, could backfire on Warner by space_jake · · Score: 2, Insightful

      Indie songs might work for GH, but they won't for Rock Band. People like to play songs they know, especially beginners.

    3. Re:Yeah, could backfire on Warner by liquidsin · · Score: 3, Insightful

      yeah, but i imagine that the "radiohead - in rainbows" version of gh/rb would sell just fine. it's kind of awesome to see this, because i get the feeling that this could be another one of those "tipping points" as more and more artists distance themselves from major labels. obviously i can't speak for the musicians whose works have been used in these games, but i'd guess that many (most?) of them would rather have the exposure of being featured in the game then getting a few extra cents out of every copy of the game sold. and i'd also guess that if the devs don't play ball with the warner on this one, there will be some warner-signed artists pissed off that they're not eligible to put music into a game because their label is too greedy. fun times indeed...

      --
      do not read this line twice.
  5. The Labels Should Be Grateful by Phoenix666 · · Score: 4, Informative

    Anyone wants to talk to them at all, or re-use again, for the thousandth time, their same old tired, tired content. I haven't bought any music since Napster. My family went pure indie after that and we couldn't be happier. I don't know anyone who still buys music either. Indeed to do so would be horribly gauche when you can always catch amazing music performed live any given night of the week in any of two-score bars/venues in Brooklyn. Guitar Hero gives the labels one last, golden chance to bridge that void and reach the generations that have come after mine (I'm 36). So, yes, the labels ought to be kissing GH's butt, not pulling stunts like this one. Antagonizing GH is a sure path to complete and final irrelevance.

    --
    Do what you can, with what you have, where you are.
    1. Re:The Labels Should Be Grateful by kentrel · · Score: 4, Insightful

      I'm 10 years younger than you. Do I count as the generation after yours? I buy label music all the time. I see live music. I buy and support indie musicians. I just like good music, and sometimes its indie, and sometimes its on a label. I don't care, but I'll always pay for it if I like it.

      It would be nice to catch live music any night of the week, but sometimes I like to listen to music as I read slashdot, and opening a window is not as preferrable as playing the music I just bought, and staying warm

  6. Patents by Nerdfest · · Score: 4, Insightful

    I (almost) hope patents keep the music companies from doing the obvious and releasing their own games. Of course, they'll probably use a model where you need to pay every time you play the song.

  7. Dear Media Industry, by L4t3r4lu5 · · Score: 2, Interesting

    By continuing with this action, you hurt the consumer by artificially inflating costs. As a consumer, I do not approve of this.

    I will not buy an album or track from any band or label which is RIAA-associated and included within these games, should you abuse your market position like this. I actively ENCOURAGE Rock Band and Guitar Hero's respective developers to avoid your music at all costs, and provide market exposure for independant bands, whose music can be freely downloaded and used from Jamendo and similar sites for review before contacting the author for permission for use. I have no doubt that 100% will agree.

    I will buy their game anyway, as I enjoy the gameplay regardless of the backing track. It's for this same reason that I bought AudioSurf on the Steam platform.

    Sincerely.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  8. Mechanical Licensing by tehwebguy · · Score: 4, Insightful

    You are all missing the most important piece.

    Rock Band should immediately cease all talks with Warner and switch back to cover songs. I that case they will only need to pay a mechanical royalty of about $0.091 per unit sold per song. The only difference is that a cover band will be playing the songs.

    If they choose to do this, Warner has literally NO say in the matter. They cannot deny them the license.

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    -- lol pwned
    1. Re:Mechanical Licensing by LordKronos · · Score: 3, Interesting

      The problem there is that fans have gotten a taste of the real thing, and many won't tolerate it anymore. It would be kind of like saying that game design has gotten really expensive these days, and that developers should just keep costs down and go back to 2.5D engines for their FPS games. Most gamers won't tolerate either option anymore.

    2. Re:Mechanical Licensing by FnordX · · Score: 5, Insightful

      Here's a simple test, use both.

      Have a cover version of the song available for, say, $.99, and the master version available for whatever the music industry wants to charge.

      Let the consumer decide.

      --
      ____________________
      Clouds in the Sky,
      Water in a bottle
    3. Re:Mechanical Licensing by greg1104 · · Score: 2, Informative

      The alternate version of "Working Man" was used in order to generate some cross PR for Rush and Rock Band fans. They followed putting it into the game with releasing it as a new single track via iTunes; see http://www.rush.com/low/news.php?year=2008 for details. That was pure marketing, they could have used the original one had they wanted to, but knew that picking the alternate take would add some buzz via Rush fans who want copies of everything.

      Jimmy Buffet did something similar by re-recording some of his old songs for exclusive Rock Band versions. Forces all the Parrotheads to get Rock Band if they want to hear them.

  9. More than enough already by LordKronos · · Score: 5, Interesting

    They've already got more than enough music to be released. They only release 3 to 8 songs a week from 2 or 3 artist (or sometimes an entire album instead). There's no way the company can keep up with everything. There are tons of artists out there that don't even have a single song in Rock Band, and it's not because of negotiation failures. There are just too many artist to cover without flooding the market.

    So if Warner wants to pull their catalog from the list of available options, it will only make it that much easier for Harmonix to catch up with other artists from some other labels. I have a feeling Rock Band won't be lacking for anything, but Warner will have to answer to their artists about why they aren't seeing the advantages that other artists are enjoying.

  10. Recording Industry Business Plan by rlp · · Score: 4, Insightful

    1) Pull out gun, fire at foot repeatedly.
    2) ????
    3) Profit

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    [Insert pithy quote here]
  11. Exactly by d-r0ck · · Score: 2, Informative

    Don't negotiate with terrorists. If they want to pay hardball then let them play by themselves. Music industry is always crying how they are losing money, here is a new revenue stream which is really gravy for them as they have very little costs. Take it or leave it, there are plenty of fish in the sea.

  12. Freeloaders by LtGordon · · Score: 3, Insightful

    Are you blind? Since the release of Guitar Hero, all of the bands whose songs were included suddenly saw spikes in record sales. Were it not for Guitar Hero, they would have sold even more records! Stupid, free-loading videogames. The record companies have to recoup all of those lost sales somehow.

    On a serious note, though, these games pay you to include your music, and then increase your record sales. If you don't think they're paying you enough for the "privilege", move along because there are plenty of other record labels in town.

  13. Re:A Solution by 91degrees · · Score: 2, Interesting

    We did try something like that. Detecting beats is a little tricky. A firm whack on a drum is quite easily detectable. A quiet section is also quite easy to spot. Trouble is you get the vague uncertainties. Is that a soft beat or just a well emphasised consonant or abrupt change in tempo?

    Changing the thresholds up to filter out the noise means quite a few beats get lost. Some songs it works pretty well, but not all of them.

  14. there's some common early-90s stuff by Trepidity · · Score: 2, Insightful

    And it's also on there; stuff, like Nirvana and Smashing Pumpkins that basically everyone who grew up in the early/mid 90s at least recognizes.