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Speaker 1: You know, we do talk.

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Speaker 2: We know a lot of people in the industry listen

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to the show in the music industry, and we like

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to like to talk about things going on in the

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music industry. Unfortunately, a lot of what does go on

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in the music industry that is particularly fascinating is it

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often has to do with people suing each other.

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Speaker 1: You know, I had put way back, remember when we

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did the segment.

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Speaker 2: About Don Henley suing someone, because Don Henley is very litigious,

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that segment I had, I had clipped it and put

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it up on YouTube.

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Speaker 1: And that is by far.

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Speaker 2: The most listened to segment that we've ever done on

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the show. That still gets views on the YouTube, uh,

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on our on our YouTube channel.

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Speaker 1: But what is what has been happening?

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Speaker 2: So there's a little bit of new information here on

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this particular subject. You know, the band Limp Biscuit, they

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were they first got very big in the nineties and

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you know, they've had a resurgence and they do very

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well when they tour. And that that song was that

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song Dad Vibes, Uh maybe a year ago, maybe maybe longer,

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maybe two years ago now that I really like it

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was kind of kind of a comeback single. Maybe a

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year and a half ago, but yeah, you know I was.

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I was kind of a fan of Limp Biscuit. Uh

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back in the day too. I was in a band

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called I was in a band called the Jinx and

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wait was it in the Jinkster in My Life Crisis.

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Our singer Rhino Ryan Pope, he would well. At one

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point we were covering the song break Stuff, and I

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wasn't a big fan of doing covers in the bands

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I was in because I felt that our originals were

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strong enough we didn't need to do a lot of covers.

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But they talked the guys talked me into doing break

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Stuff and the breakdown in that song where Fred Durst

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gets really intense and like really angry. Uh, Ryan would

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like would like turn red. He would get so into

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it and get so into that part of the song.

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It was fun anyway. So part of why this is

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so fascinating to me is this is not an uncommon tale.

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What we're going to talk about. If you don't know

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about about this, Limp Biscuit is suing their record label

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UMG Universal Music Group for two hundred million dollars in

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unpaid royalties. Now artists having to sue their record label.

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For unpaid royalties is not in and of itself a

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new story, but for two hundred million dollars is pretty

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staggering because what has happened is, according to Fred Durst

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and his representation, Universal Music Group never paid Lympiscuit anything

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after selling millions and millions and millions of albums.

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Speaker 3: But they're claiming that's not true.

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Speaker 1: UMG, Well of course they are.

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Speaker 4: UMG says they Paidlympus get one point zero three million

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dollars in back royalties in August of twenty twenty four. Yes,

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after uh after wait, after the fact, yeah, yeah, after backwards.

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Speaker 2: After after fred Durst spoke up and said, hey, I

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think you guys owe us some money. Yeah, so they finally,

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But olymp Biscuit is alleging they owe they owe them

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two hundred million or or a lower number plus damages

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however that works out.

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Speaker 1: Now. Unfortunately, this is not an uncommon tale. Though.

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Speaker 2: There's a there's a term I learned recently, spaghetti accounting,

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and it's a way that these big labels and you know,

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and you even hear stories with smaller labels, independent labels,

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but hopefully a lot less because you don't you don't

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want to hear those stories because, uh, those stories are unpleasant,

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you know, because you know, especially in a venue like this,

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we always advocate for artists.

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Speaker 1: But but it's not.

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Speaker 2: Unusual for U record labels and other entities within the

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music industry to use some creative accounting, shall we say,

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or spaghetti accounting.

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Speaker 1: That's a term that I just learned recently. And I

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learned that term for me. Yeah, oh, spaghetti accounting.

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Speaker 2: Yeah, yeah, I mean I like spaghetti, but I don't

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think I'm a fan of spaghetti accounting.

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Speaker 3: Must accounting when they get messy.

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Speaker 2: I think that's the idea, so that way it's hard

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to figure out, uh, where all.

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Speaker 1: That money went. I learned that term from.

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Speaker 2: There's a YouTuber that I really like, uh who we've

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talked about taught music attorney and or law tuber. That's

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another term I learned recently, which is a a lawyer

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who youtubes does youtubing.

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Speaker 1: What is it law tuber?

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Speaker 3: Law tuber.

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Speaker 1: Yes, there's a lot of law tubers. They're they're lawyers

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who do.

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Speaker 3: We have to keep making up new works, like.

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Speaker 2: Like the Might's Touched that, like the Might's Touch Network,

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which we're fans of, you know, they're law tubers. So yes,

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there's always new term. Young people are always coming up

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with new terms. Anyway, what was the one that I knew?

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Speaker 1: There was a term that I.

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Speaker 2: Knew that that DJ Reckless didn't know, and I was like,

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how do I know this?

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Speaker 1: And you don't.

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Speaker 3: Remember what it was?

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Speaker 4: Oh?

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Speaker 2: It was thought th h O T And I'm not

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gonna say and I'm not gonna say on the air

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what it means.

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Speaker 1: But I was stunned.

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Speaker 3: I don't even remember.

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Speaker 2: I'll tell you off, but I was stunned that he

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that he didn't know what that meant and I did.

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But anyway, but it's not it's not a nice uh

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it's not a nice term.

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Speaker 1: But and it's not yeah yeah, right, right exactly.

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Speaker 4: But uh U n G at this point is trying

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to say this whole thing should be thrown out because.

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Speaker 3: They're making it up. Right, Oh, of course making this up,

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that's what they're saying.

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Speaker 2: Of course, now what they also claim, So people who

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don't know how this works with major labels, when a

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major label signs you, they give you When they sign

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you and they're they're gonna release your album, they give

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you they give you an advance on that album. So say,

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for example, we'll use nice, big round numbers because I'm

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not good at math, so it makes it easier for me,

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but it also makes it easier to explain these concepts

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for people who don't know how this works. So because

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I think people outside of the industry have this idea

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that a record label signs you and they give you

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tons of money up front, and now you're suddenly a

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millionaire and you're being flown out to LA and you're

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put up in the Playboy Mansion or something, and and

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you're surrounded by supermodels all day and everything. I think,

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at least I think there was a time when that

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was the general perception that people had about how this

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this music industry works.

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Speaker 1: And it's not.

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Speaker 2: The money that you're giving up front is actually an

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advance so they give you. So say they give you

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a million dollar advance, and again I'm using big round numbers.

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But let's say they give you a million dollar advance

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that's to make your album. So you're going to spend

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that money that's not like your money to just put

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into your bank account. And now you're a millionaire and

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you get to go make your album. But now you're

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a millionaire because you're about to be famous or you're

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already becoming famous. It doesn't work that way. So that's

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actually an advance on your earnings. So they're giving you

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that money, they're investing that money in you, giving you

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that money upfront for you to go and spend on

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making your album. Now, what some artists might do in

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a situation like that, they get that million dollar advance,

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but they're only going to spend a half a million

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making their album, you know, So there are ways to

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do that. Tom Scholz from Boston famously or infamously did

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something like that where the label advanced them something like

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the label advanced some some something like fifty grand and

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he made the record for fifteen hundred dollars at home,

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in his home studio or something like that.

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Speaker 3: That's awesome.

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Speaker 1: Yeah, so so so that.

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Speaker 2: That that does happen. But but again it's not they're

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not paying you this money to keep. It's an advance,

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and advance is recooped. So this term recoupment is where

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people can get tripped up. So they're gonna get that

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money back, and the way they're gonna get that money

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back is you make the album they release the album,

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they do all the promotion and everything, but they're gonna

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recoup that money they advanced to you that's not yours

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to keep and you which means you don't get anything

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from sales anything until that money is completely paid back.

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So you're not getting a check from the label until

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all of that advance money has been recouped by the label.

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So Limp Biscuit So according to UMG, and again they've

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they've made additional statements now in recent days. But according

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to UMG, back when this was first filed, their claim was, well, no,

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we we hadn't paid Limp Biscuit anything because they hadn't,

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you know, they hadn't settled the recoupment yet. Now this

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is this is where it really gets nuts. And again,

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and I have an article in front of me, and

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I know you have something as well. I have something

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from Billboard that'll explain this in a little bit more detail.

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But right now I'm just speaking extemporaneously about what I

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know about this so far, because I've been following it

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pretty closely. Feel I'm fascinated by this kind of thing.

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So what what what happened at one point was so

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either Fred Durst or representatives of Fred Durst's management or

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attorneys whomever, probably all of them at various points.

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Speaker 1: Tried to sign in. It's like a record label, a

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big company like UMG.

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Speaker 3: They will.

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Speaker 2: Create a portal like you know how for anything financial, right,

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you know, whether a bank account or some sort of service.

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Speaker 1: You know, you have a portal that you log into

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and you.

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Speaker 2: Can see all your numbers and see what your bank

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balance is and do all this stuff. Right, So the

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record label gives you, as an artist, a portal to

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sign into. But I guess there was one point where uh,

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Olympus gets this sounds so we're talking about this huge,

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you know, multimillion dollar company here, right, But they create

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a portal and they give and so the artist actually gets,

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you know, a username and password basically to sign into

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their portal where they can look at all their stuff.

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The idea being, you know, you can see what your

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recoupment balance is, how much is left on your recoupment,

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what royalties are owed to you. You know, you can

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compare these numbers. And I guess Limpis gets portal wasn't

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work correctly or hadn't been updated or something.

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Speaker 3: Just weird stuff. Well, we're talking about.

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Speaker 2: A multimillion dollar company here, right, UMG is a huge company,

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but they can't get the little things right to even

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make it so that limp Biscuit as a business entity

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can see what's going on with their account. And but

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the suspicion is, well that's intentional. Of course, they make

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it hard because they're trying to hide things. They're trying

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to hide things from you. They don't want you to

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see what the real numbers are.

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Speaker 1: Longer.

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Speaker 4: And the other side of that too, that you forget about,

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is that the longer that UMG has the money in

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their bank account, the more money it's making for them, right,

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and exactly exactly. Insurance companies do the same thing. The

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longer it takes they have to pay out, the more

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money they make.

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Speaker 2: Yes, yeah, of course it's yeah, it's a dirty business.

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Speaker 4: So makes you wonder if there wouldn't be some way

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to prevent that, like could there be some way to

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protect artists in law that precludes them from being able

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to hould onto money like that?

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Speaker 2: Move that MinC up a little bit, would you yere?

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Just so I'm not loud enough? Yeah, there you go.

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Speaker 3: This is something that we don't normally experience.

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Speaker 1: There you go.

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Speaker 2: But uh yeah, and that so that one million dollars,

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it was roughly one million that they finally paid Limp

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Biscuit in September of this year of this year, twenty

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twenty four, after they started making noise about hey, we

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haven't been paid anything. That that they they claim that

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the reason that wasn't paid, it should have been paid,

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but the reason that wasn't was because of a software error.

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So because of a software error that that one million

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dollars just sat there and hadn't gone to the band

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yet again, Universal Music Group, this enormous, multimillion dollar company.

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But you know, like it's it's hard. I mean, this

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will will all be a.

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Speaker 3: Blaming game too.

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Speaker 4: It's a blaming game because UMG is saying, oh no,

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that this is your management's fault, that your your big

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manager wasn't like keeping track of things.

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Speaker 3: It's not us, because.

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Speaker 4: They're saying that they can show for over a year

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they were having good communications with this guy Paul, who's

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in charge of the manager, but the business manager, and

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that they were keeping in contact with him, and it's

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all about them, not you know, it's interesting how they

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try to like go, oh, look over here, your guy

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wasn't keeping track of things, so never mind us.

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Speaker 3: Like, look over, it's your guy's fault.

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Speaker 4: He didn't keep track of things, so it's not our

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fault for not paying you. You know, that's like so

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twisted that that's what they walk in with and that's

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actually considered a possibility.

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Speaker 3: How does that even get entertained?

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Speaker 4: Yeah, oh, your guy wasn't paying attention, so we got

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away with keeping more money.

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Speaker 3: So hahaha.

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Speaker 1: This seems wrong.

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Speaker 4: Maybe I'm reading it wrong, but that's pretty much what

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it sounds like they're trying to indicate with me, is

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we didn't conceal anything.

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Speaker 3: You guys just.

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Speaker 1: Didn't keep track of it, right right. This is and

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sometimes it's not always necessarily malfeasance. Sometimes somebody just signs.

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Speaker 2: A bad deal or or people get in over their

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heads they don't understand how this all works. Remember when TLC,

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this is probably one of the greatest examples. When TLC.

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You know that first album, Crazy Sexy Cool was huge.

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It sold a gazillion copies, right, well, I think it

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was triple platinum, but it seems like it was because

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CLC was everywhere. It seems like the album was was. Uh,

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you know, I think he sold three million, but they

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were broke with a triple plat an album. Because of

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the way the contract was structured and the recruitment, they

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weren't getting any royalties and they and they were very

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public about it, and they got their deal renegotiated because

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because they were very public about it, like they were,

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they were not shy about talking about what was going on.

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But they're you know, they're at the Grammys, you know,

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getting an award for Best New Album or whatever it was,

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and they're like and they're like, yeah, we we have

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no money and we've sold three million copies of our

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album and we're broke. And and that's that's one of

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the most well publicized examples because I think because they

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were so public about it, because a lot of times too,

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you learn about these things later on because at the

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time that it's happening to an artist, they don't necessarily

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want to go public about it because they don't want,

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you know, they don't want to deal with the embarrassment

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of it. You know, Oh, I got I kind of

297
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got screwed here or whatever. My favorite band. Of course,

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as longtime listeners know, Kiss they actually sued PolyGram. They

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were on PolyGram. This was in the early eighties, very

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early eighties. This was like when they were making the

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transition from makeup to non makeup, and they sued PolyGram

302
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for back royalties and they got a settlement over it,

303
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although it was kind of well, it was kind of small,

304
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but they did get something from it. But we should

305
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look at So.

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Speaker 4: The other thing about this, though, this isn't just limp biscuit.

307
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And I didn't even realize this until looking back on

308
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the notes now that there's another organization that apparently owes

309
00:16:42,200 --> 00:16:45,919
some of this, owns some of the copyright, the Flawless Records.

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It's called Yeah, so apparently that's his imprint, by the way,

311
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So what do you mean his imprint?

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Speaker 2: So there was this thing it started happening in the

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nineties where some artists would if they were on a label,

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the label would give the art if they were interested

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in developing other artists, they would give them almost like

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a sub label, oh, which is part of the bigger label,

317
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and they would call that an imprint. So Flawless Records

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was Fred Durst's imprint, and he actually did break a

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couple of bands on his imprint label.

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Speaker 4: Well, it's just interesting that you noted they gave limp

321
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Biscuit a million. Well, they gave another two million the

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flawless records.

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Speaker 3: But we don't really owe you any money. It's made up.

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Speaker 4: They're claiming you've made this up, but we're dishing out

325
00:17:33,440 --> 00:17:36,839
over three million more dollars. Ooh, sorry, you know, just

326
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some money, but we didn't really do anything.

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Speaker 1: It's faked spaghetti accounting.

328
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Speaker 3: How the heck does that work in law? Though?

329
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Speaker 4: How do you say this is all made up? And

330
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then you're paying money out the other side. But it's

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like it's like I'm guilty, but I'm not guilty.

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Speaker 2: Right, Well, I think probably they would say flawless records.

333
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I mean that's a separate account from the olymp Biscuit account.

334
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Speaker 1: In fact, flawless records.

335
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Speaker 2: Probably they probably have a separate user name and password

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for their their their big fancy portal.

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Speaker 3: Two factor identification.

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Speaker 1: Yes, it's probably very, very up to date.

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Speaker 3: I'm sure it operates much like insurance portals.

340
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Speaker 4: You know. It's like you want to appeal that. Okay,

341
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get a pen and paper. Let's sit down and write

342
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an old fashioned letter. Nothing electronic about this.

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Speaker 1: Yeah, send us a certified letter.

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Speaker 3: Meanwhile, give us your money.

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Speaker 1: Maybe maybe you'll get your royalties.

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Speaker 3: You don't even have to.

347
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Speaker 4: Put your card in, just skin it. I'll take your

348
00:18:36,160 --> 00:18:39,759
money very easily. Yeah, but not the other way around.

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Speaker 1: So this is the update.

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Speaker 2: This is from Billboard dot com. UMG hits back at

351
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Olympus guts two hundred million dollar lawsuit, calls hidden royalty

352
00:18:49,160 --> 00:18:54,240
accusations fiction. It says here UMG is firing back at

353
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a lawsuit from Olympus at front Manfred Durst, claiming the

354
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label owes the band more than two hundred million dollars,

355
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calling the allegation's fiction, and demanding they be thrown out

356
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of court. The blockbuster lawsuit, filed last month in LA

357
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federal court, claimed that Durst had not seen a diamond

358
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royalties over the decades, and that hundreds of other artists

359
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may have been treated similarly under systemic and fraudulent policies.

360
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But in UMG's first response, this is UMG's they're finally

361
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responding to this officially after several months, well a couple months.

362
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In their first response on Friday, attorneys for the label

363
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said the lawsuit must be dismissed immediately because it is

364
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based on a fallacy.

365
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Speaker 1: Writers. Rolin A.

366
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Speaker 2: Ransom, an attorney with the law firm Sidley Austen who

367
00:19:44,160 --> 00:19:47,839
represents UMG in the suit, said, quote, Plaintiff's entire narrative

368
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that UMG tried to conceal royalties is a fiction. Plaintiff's

369
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complaint fails as a matter of law and should be

370
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dismissed with prejudice unquote. The key problem with Durst's claims,

371
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according to UMG these attorneys, it's that documents included in

372
00:20:03,000 --> 00:20:07,359
his own lawsuit eviscerate his allegations. They specifically cite emails

373
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in which a UMG exec appears to have reached out

374
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to get royalties flowing, but was rebuffed by the band's

375
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own business manager.

376
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Speaker 1: Yeah.

377
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Speaker 2: I remember reading that part too, and that doesn't make sense,

378
00:20:21,680 --> 00:20:26,559
like why would that even happen? But that's that's what

379
00:20:26,799 --> 00:20:29,720
they're claiming now. The company also said in Friday's filing, quote,

380
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over a year before plaintiff's discovery of allegedly concealed royalties,

381
00:20:35,920 --> 00:20:39,920
UMG affirmatively and unilaterally reached out to Olympis Gut's representative

382
00:20:40,480 --> 00:20:43,440
so that it could begin making royalty payments to the band,

383
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and was instead informed by him that all members of

384
00:20:46,119 --> 00:20:50,759
Olympis Gut but one, including plaintiff Durst, had assigned their

385
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royalty shares to others and were therefore not entitled any

386
00:20:54,640 --> 00:20:56,799
royalty payments from UMG unquote.

387
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Speaker 3: So it's not that I owe you money. It's that

388
00:21:00,119 --> 00:21:02,920
or not. I don't. You don't actually have the right

389
00:21:02,960 --> 00:21:04,599
to assume me. So even the way all your.

390
00:21:04,519 --> 00:21:06,480
Speaker 1: Money, I'm not going to give it to you, I

391
00:21:06,519 --> 00:21:07,240
don't know, don't.

392
00:21:07,039 --> 00:21:09,039
Speaker 3: Almost, I don't know. That's what it feels like. But

393
00:21:09,119 --> 00:21:09,640
you were right.

394
00:21:10,039 --> 00:21:13,400
Speaker 4: There's another notation I just found on Music Business World

395
00:21:13,720 --> 00:21:19,240
that it's also involving other artists. Yeah, from that Durst

396
00:21:19,319 --> 00:21:22,559
did have under flawless records. Yeah, yeah, So it's not

397
00:21:22,680 --> 00:21:25,160
just Lumbiscuit, it's other bands music as well.

398
00:21:25,319 --> 00:21:27,000
Speaker 1: Does it mention who are there? Anything?

399
00:21:27,039 --> 00:21:27,359
Speaker 3: It does it?

400
00:21:27,519 --> 00:21:29,200
Speaker 1: It does it?

401
00:21:29,200 --> 00:21:30,319
Speaker 3: It just says other.

402
00:21:30,599 --> 00:21:33,759
Speaker 2: Because there's at least one one band that that he broke,

403
00:21:33,799 --> 00:21:35,640
that broke big, that had a big hit, and I

404
00:21:35,680 --> 00:21:38,839
can't remember who it was now. So in a statement

405
00:21:38,880 --> 00:21:42,440
to Billboard on Monday, durst lawyers sharply refuted the arguments

406
00:21:42,440 --> 00:21:46,079
made in UMG's motion to dismiss the case. Attorney Mark

407
00:21:46,599 --> 00:21:50,240
Fabiani said quote. When someone has caught red handed, their

408
00:21:50,240 --> 00:21:53,119
first response is often to hire very expensive outside law

409
00:21:53,119 --> 00:21:56,720
firms who first, as a matter of course, try anything

410
00:21:56,759 --> 00:21:59,240
to dismiss the suit when they are in trouble with

411
00:21:59,359 --> 00:22:02,160
the facts. In this case, we believe UMG is using

412
00:22:02,200 --> 00:22:07,359
a typical, formulaic, well trodden strategy of reaching for any

413
00:22:07,480 --> 00:22:12,480
escape route by desperately grasping at technicalities unquote. Durst and

414
00:22:12,559 --> 00:22:17,039
Lymbiscuits sued UMG in October, claiming that the band had

415
00:22:17,119 --> 00:22:20,559
quote never received any royalties from UMG unquote despite its

416
00:22:20,640 --> 00:22:23,160
huge success over the years. Quote, the band had still

417
00:22:23,200 --> 00:22:26,680
not been paid a single cent by UMG in any

418
00:22:26,759 --> 00:22:30,000
royalties until taking action unquote.

419
00:22:30,359 --> 00:22:36,640
Speaker 4: So interestingly, Dearth is the sole owner of Flawless Records.

420
00:22:37,319 --> 00:22:42,759
Speaker 1: Interestingly, I think I may have.

421
00:22:44,200 --> 00:22:46,000
Speaker 2: When I was talking about how an imprint works, I

422
00:22:46,319 --> 00:22:49,799
may have misspoken. It's not like it's a part of

423
00:22:49,839 --> 00:22:54,440
the label, but it's so because there were a number

424
00:22:54,480 --> 00:22:56,960
of artists who who did this. This was a thing

425
00:22:56,960 --> 00:23:00,759
in the nineties and into the two thousands, Like I

426
00:23:00,759 --> 00:23:02,960
think jay Z had an imprint and some others.

427
00:23:03,319 --> 00:23:05,480
Speaker 1: So it's it's like.

428
00:23:05,480 --> 00:23:09,200
Speaker 2: A separate record label, but the major label that the

429
00:23:09,240 --> 00:23:15,319
imprint is associated with handles all the distribution. So even

430
00:23:15,359 --> 00:23:20,160
though the imprint kind of is kind of is an

431
00:23:20,240 --> 00:23:26,680
independent label, in a sense, the major label that's associated

432
00:23:26,720 --> 00:23:30,839
with does well. The imprint gets used the major label's

433
00:23:31,119 --> 00:23:37,559
entire distribution pipeline and whatever other promotional resources are available.

434
00:23:38,039 --> 00:23:38,960
Speaker 1: So that makes sense.

435
00:23:39,039 --> 00:23:41,960
Speaker 2: And I think Gene Simmons, by you know, I mentioned

436
00:23:42,000 --> 00:23:46,880
Kiss earlier, Gene Simmons had an imprint label. Actually before

437
00:23:46,920 --> 00:23:50,160
it was even really a thing in the eighties, he

438
00:23:50,240 --> 00:23:52,799
had an as I think I think it was, it

439
00:23:52,839 --> 00:23:54,039
was just called Simmons Records.

440
00:23:54,079 --> 00:23:56,799
Speaker 1: I think it was. It was before imprints were really

441
00:23:57,039 --> 00:23:57,440
a thing.

442
00:23:57,640 --> 00:24:00,119
Speaker 3: But did he did he ever break anybody?

443
00:24:00,319 --> 00:24:01,839
Speaker 1: No, it didn't last.

444
00:24:02,839 --> 00:24:04,599
Speaker 2: Jane tried a lot of things in the eighties that

445
00:24:04,680 --> 00:24:09,160
didn't last, Like he tried producing other artists and you know,

446
00:24:09,200 --> 00:24:11,880
and of course he had a short lived acting career, and.

447
00:24:11,799 --> 00:24:14,200
Speaker 3: You would think that would have made more money than Lunchbox.

448
00:24:14,920 --> 00:24:17,640
Speaker 1: But no, oh no, well, oh no.

449
00:24:17,400 --> 00:24:21,920
Speaker 2: No, no, no, it says here The claim was something

450
00:24:21,920 --> 00:24:24,640
of a stunner. How had one of the biggest bands

451
00:24:24,720 --> 00:24:28,519
of its era, which sold millions of records during the

452
00:24:28,559 --> 00:24:32,079
music industry's MTV fueled turn of the century glory days.

453
00:24:32,079 --> 00:24:34,920
Because remember we're talking late nineties into the early two thousands.

454
00:24:35,200 --> 00:24:38,519
How did they still never have been paid any royalties

455
00:24:39,039 --> 00:24:44,279
nearly three decades later. According to Durst, the answer was

456
00:24:44,839 --> 00:24:48,559
an appalling and unsettling scheme to conceal royalties from artists

457
00:24:48,599 --> 00:24:52,440
and keep those profits for itself. He claimed the company

458
00:24:52,519 --> 00:24:56,960
essentially kept Limpiscit in the red with shady bookkeeping, allowing

459
00:24:57,000 --> 00:25:01,000
it to falsely claim the band remained unrecouped, meaning its

460
00:25:01,079 --> 00:25:04,079
royalties still had not surpassed the amount the group had

461
00:25:04,119 --> 00:25:07,640
been paid in upfront advances. In other words, the advance

462
00:25:07,680 --> 00:25:11,319
had not been the advances because an advance for each

463
00:25:11,359 --> 00:25:12,480
album had not been paid back.

464
00:25:12,480 --> 00:25:13,240
Speaker 1: According but the.

465
00:25:13,200 --> 00:25:16,119
Speaker 4: Bulk of the main thrust of the claim was that

466
00:25:16,160 --> 00:25:19,920
they sold like forty five million albums and never got

467
00:25:19,960 --> 00:25:20,920
a dime of royalty.

468
00:25:21,240 --> 00:25:25,039
Speaker 3: Yeah until they filed a lawsuit. Yeah, then they got money.

469
00:25:25,079 --> 00:25:28,079
But now they're still saying, no, you made that a.

470
00:25:27,559 --> 00:25:30,960
Speaker 2: Well or until they well, yeah, well until they until

471
00:25:31,000 --> 00:25:33,640
they started making noise about it because they got that million.

472
00:25:34,000 --> 00:25:36,599
UMG finally gave them that million back in September, but

473
00:25:36,680 --> 00:25:39,000
the suit was actually filed in October.

474
00:25:38,599 --> 00:25:41,599
Speaker 4: No, but the motion to dismiss they filed was November

475
00:25:41,599 --> 00:25:44,200
twenty second, so that just happened.

476
00:25:44,279 --> 00:25:47,640
Speaker 3: You just filed the motion to dismiss.

477
00:25:47,839 --> 00:25:49,119
Speaker 1: Right, they're just now responding.

478
00:25:49,160 --> 00:25:52,799
Speaker 4: But quote unquote, because the complaint is based on a fallacy,

479
00:25:53,480 --> 00:25:55,759
how do you say that after you just handed out

480
00:25:55,759 --> 00:25:56,799
three million dollars?

481
00:25:56,880 --> 00:25:58,359
Speaker 3: Like, I don't get that.

482
00:25:58,599 --> 00:26:01,599
Speaker 4: Well, how is that a vibe elbow motion after you

483
00:26:01,920 --> 00:26:03,119
just hand it over three mil?

484
00:26:03,359 --> 00:26:05,319
Speaker 2: Well, but I think they're saying that's all. That's all

485
00:26:05,359 --> 00:26:08,920
they were owed, you know, the million, the million to

486
00:26:09,160 --> 00:26:10,559
uh Limp Biscuit, that's all.

487
00:26:10,599 --> 00:26:12,640
Speaker 3: Then the two million to the record to the label.

488
00:26:12,799 --> 00:26:15,240
Speaker 1: Yeah, well that's kind of a separate thing the sub label.

489
00:26:15,400 --> 00:26:17,480
Speaker 4: Yeah it is, but it isn't because there's is a

490
00:26:17,519 --> 00:26:20,920
son owner, so technically he's the dude on both ends.

491
00:26:21,200 --> 00:26:24,119
Speaker 3: Yeah, he's getting the three mil. It's just under two

492
00:26:24,160 --> 00:26:24,799
different names.

493
00:26:25,039 --> 00:26:27,519
Speaker 2: Yeah, it is strange that his imprint label would have

494
00:26:27,559 --> 00:26:30,920
more money coming to it than you know, the band

495
00:26:31,200 --> 00:26:36,279
he's in that sold for forty five million records, right yeah.

496
00:26:36,000 --> 00:26:38,759
Speaker 4: Yeah, Well it because goes to back up everything we've

497
00:26:38,759 --> 00:26:42,519
been talking about. Yeah, how these companies really have ripped

498
00:26:42,519 --> 00:26:44,319
off artists for a really long time.

499
00:26:44,680 --> 00:26:45,640
Speaker 1: Yeah, I mean what do.

500
00:26:45,680 --> 00:26:47,799
Speaker 3: They artists get? What's an artist get these days?

501
00:26:47,839 --> 00:26:51,720
Speaker 4: If they're streaming like less than a quarter of a

502
00:26:51,759 --> 00:26:56,200
penny or something like that, Like they there's no they

503
00:26:56,599 --> 00:26:59,359
have to have a ridiculous number of plays before they

504
00:26:59,359 --> 00:27:01,200
can even make an enough money to pay for a meal.

505
00:27:01,440 --> 00:27:04,799
Speaker 1: Yeah, it's barely anything. Spotify doesn't a lot of art.

506
00:27:04,880 --> 00:27:07,759
Speaker 4: Yeah, they won't put their stuff on Spotify because it

507
00:27:07,799 --> 00:27:08,920
is a big rip off for them.

508
00:27:09,119 --> 00:27:10,559
Speaker 3: Yeah, they don't get anything out of it.

509
00:27:10,680 --> 00:27:13,680
Speaker 4: But on the other hand, if everybody's using Spotify and

510
00:27:13,680 --> 00:27:16,319
you don't put your music on there, you know, it's

511
00:27:16,319 --> 00:27:17,920
a catch twenty two for an artist.

512
00:27:18,400 --> 00:27:19,920
Speaker 3: You want to be heard, but you also want to

513
00:27:19,960 --> 00:27:23,599
get paid, you know. It's kind of the part of

514
00:27:23,640 --> 00:27:24,079
the point.

515
00:27:24,240 --> 00:27:26,880
Speaker 4: Yes, sharing music is wonderful, but it's also about getting

516
00:27:26,880 --> 00:27:28,319
paid as an artist.

517
00:27:28,440 --> 00:27:29,880
Speaker 3: To everything you bring to the table.

518
00:27:32,559 --> 00:27:36,000
Speaker 1: There is there is this.

519
00:27:37,839 --> 00:27:41,440
Speaker 2: There is a certain truth though. So another thing people

520
00:27:41,480 --> 00:27:45,079
probably don't know who aren't in the industry is that

521
00:27:45,680 --> 00:27:49,559
it's really always been the case to some degree that

522
00:27:49,839 --> 00:27:55,720
artists don't make that much in simple royalties in the

523
00:27:55,799 --> 00:28:01,000
sense that like I remember I remember meat Loaf talking

524
00:28:01,079 --> 00:28:04,359
in an interview once about how you know, like like

525
00:28:04,440 --> 00:28:07,400
when Bad out of Hell, which I have no idea

526
00:28:07,400 --> 00:28:10,880
at this point, how many millions of uh? I mean,

527
00:28:10,880 --> 00:28:14,200
it's probably surpassed one hundred million albums sold by now.

528
00:28:14,319 --> 00:28:17,279
But I remember early in his career he was talking

529
00:28:17,279 --> 00:28:20,039
about how little money he got, you know, like like

530
00:28:20,839 --> 00:28:24,279
pennies per units sold The Bad out of Hell. But

531
00:28:24,799 --> 00:28:29,839
the truth is the real money for a very long time,

532
00:28:31,039 --> 00:28:32,559
the real money has been in touring.

533
00:28:34,039 --> 00:28:34,720
Speaker 1: You know, you can.

534
00:28:34,880 --> 00:28:37,160
Speaker 2: You can make a lot of money on tour, a

535
00:28:37,160 --> 00:28:42,519
lot more money on tour than actual than actual sales albums, right,

536
00:28:43,119 --> 00:28:49,240
which is why some artists tour so much. For example,

537
00:28:50,200 --> 00:28:53,920
when Jerry Garcia died. I remember I was never a

538
00:28:53,920 --> 00:28:56,640
big dead head, so I didn't I didn't even realize this.

539
00:28:56,759 --> 00:28:58,559
Speaker 1: But when when.

540
00:28:58,480 --> 00:29:03,000
Speaker 2: Jerry Garcia died, I was reading out how because people

541
00:29:03,039 --> 00:29:06,319
wondered why why did he keep touring so much? Because

542
00:29:06,359 --> 00:29:08,160
apparently toward the end of his life there were people

543
00:29:08,160 --> 00:29:10,759
close to him who wanted him to stop because his

544
00:29:10,799 --> 00:29:13,680
health was failing, and people wanted him to take a break.

545
00:29:13,680 --> 00:29:15,759
They wanted him to stop touring, whether it was with

546
00:29:16,039 --> 00:29:19,880
The Grateful Dead or the Jerry Garcia band, and he

547
00:29:20,039 --> 00:29:24,400
just kept going because you sometimes these artists get to

548
00:29:24,400 --> 00:29:27,359
a point where they can't afford to stop, because you

549
00:29:27,359 --> 00:29:30,920
stop and then the money stops. And if you have

550
00:29:31,960 --> 00:29:36,279
an entire organization to pay for, you're not just supporting yourself,

551
00:29:36,640 --> 00:29:40,960
but you've got managers and lawyers and got any jobs.

552
00:29:41,000 --> 00:29:41,960
Speaker 3: There many people, you.

553
00:29:41,920 --> 00:29:47,240
Speaker 2: Know, the these organizations become bloated, and you know, you

554
00:29:47,319 --> 00:29:49,799
might have touring staff who you want to keep on

555
00:29:49,920 --> 00:29:52,920
retainer even when you're not touring, so that they don't

556
00:29:52,920 --> 00:29:55,079
go off and work for somebody else when you're not touring,

557
00:29:55,079 --> 00:29:56,960
and then you can't get them back for your tour.

558
00:29:57,279 --> 00:29:59,200
Speaker 1: So you might be paying them all year round, even

559
00:29:59,200 --> 00:30:00,000
when you're not active.

560
00:30:00,799 --> 00:30:02,279
Speaker 3: So I have a thought about that way.

561
00:30:02,599 --> 00:30:07,319
Speaker 2: Yeah, So a lot of artists, you know, they tour

562
00:30:07,480 --> 00:30:11,079
so much because it becomes a situation where they cannot

563
00:30:11,079 --> 00:30:13,519
afford not to like, they can't get off of the

564
00:30:13,640 --> 00:30:16,799
road because it ends up costing more to be off

565
00:30:16,880 --> 00:30:18,519
the road than on the road.

566
00:30:18,640 --> 00:30:21,559
Speaker 4: That makes sense, It certainly doesn't make sense because that's

567
00:30:21,599 --> 00:30:24,200
where you're gonna make your money, not just ticket sales,

568
00:30:24,240 --> 00:30:26,200
but march you know.

569
00:30:27,000 --> 00:30:32,279
Speaker 2: And now touring has become more expensive and so it's

570
00:30:32,359 --> 00:30:35,759
kind of become a situation now.

571
00:30:35,640 --> 00:30:39,279
Speaker 1: Where it's it's hard to tour. It's harder to tour.

572
00:30:40,319 --> 00:30:43,240
Speaker 2: So look a look at now the money's made more

573
00:30:43,279 --> 00:30:44,599
with merch than anything.

574
00:30:44,960 --> 00:30:48,200
Speaker 4: Look at the guests we had recently, Green and Yellow, right,

575
00:30:48,480 --> 00:30:52,119
they're constantly touring. And not only are they constantly touring,

576
00:30:52,440 --> 00:30:54,640
they try to keep their expenses down, Like they have

577
00:30:54,799 --> 00:30:58,599
actual school buses that have beds in them so they

578
00:30:58,599 --> 00:31:01,039
can actually sleep on the road, and there's other vans

579
00:31:01,039 --> 00:31:04,240
and then equipment that goes along so they can keep

580
00:31:04,279 --> 00:31:05,039
their costs down.

581
00:31:05,119 --> 00:31:06,680
Speaker 3: But they're like constantly touring.

582
00:31:07,160 --> 00:31:10,279
Speaker 4: They might get to take a small break of maybe

583
00:31:10,319 --> 00:31:13,799
a few days or you know, but you go check

584
00:31:13,839 --> 00:31:17,960
them out and they're constantly going all around the country Canada.

585
00:31:18,480 --> 00:31:21,240
They're constantly on the move, and you know, you can

586
00:31:21,279 --> 00:31:23,279
imagine it's it would be hard for them to stop

587
00:31:23,279 --> 00:31:24,880
because then the money stops.

588
00:31:25,279 --> 00:31:26,480
Speaker 3: How do you put gas in the.

589
00:31:26,440 --> 00:31:29,759
Speaker 4: Car if you're not touring, you know, you can't afford

590
00:31:29,799 --> 00:31:31,400
to have the money stop, So it is it's a

591
00:31:31,480 --> 00:31:34,359
vicious circle. You have to really love what you're doing,

592
00:31:34,400 --> 00:31:37,240
that's for sure, which obviously those guys do. I mean,

593
00:31:37,240 --> 00:31:39,519
if you've never seen Green Jello. When they come back around,

594
00:31:39,759 --> 00:31:41,599
you have to see them. They're amazing in person. They

595
00:31:41,759 --> 00:31:46,160
just freaking amazing and so much fun. If you want

596
00:31:46,160 --> 00:31:49,240
to go to a show that's joy, go see Green Jello.

597
00:31:49,920 --> 00:31:50,839
It's just joy.

598
00:31:51,079 --> 00:31:54,400
Speaker 3: I know you can't help but feel good with walking

599
00:31:54,400 --> 00:31:55,640
away from one of their shows.

600
00:31:55,920 --> 00:32:00,319
Speaker 4: But they're constantly in motion, and that constant motion comes

601
00:32:00,359 --> 00:32:03,200
with a lot of expenses because I'll see, Oh, what

602
00:32:03,400 --> 00:32:05,279
was it? There was something that went recently. It was

603
00:32:05,359 --> 00:32:08,960
like their their starter and one of the buses went.

604
00:32:09,359 --> 00:32:13,759
So they were fundraising to get the starter repaired because.

605
00:32:13,519 --> 00:32:14,839
Speaker 3: They're in the middle of a tour.

606
00:32:15,160 --> 00:32:15,359
Speaker 1: You know.

607
00:32:16,079 --> 00:32:17,319
Speaker 3: Yeah, it's a vicious circle.

608
00:32:17,359 --> 00:32:20,400
Speaker 4: And these guys, especially nowadays, you don't make You're not

609
00:32:20,400 --> 00:32:23,759
making the money off of streaming. Certainly right now, there

610
00:32:23,839 --> 00:32:25,720
is something to be said for physical media.

611
00:32:26,400 --> 00:32:29,680
Speaker 3: You know, there can be some money these days. Records

612
00:32:29,720 --> 00:32:31,680
are coming back CD.

613
00:32:31,920 --> 00:32:33,319
Speaker 1: Yeah, but it's.

614
00:32:33,240 --> 00:32:35,599
Speaker 4: Not gonna be It's never gonna be like it was

615
00:32:35,640 --> 00:32:38,759
when we were younger, no where. The only way you

616
00:32:38,920 --> 00:32:41,920
got the music was to go find it in a

617
00:32:41,960 --> 00:32:44,480
store in a record store and bring it home, or

618
00:32:45,160 --> 00:32:48,400
sit in front of the radio with your fingers ready

619
00:32:48,400 --> 00:32:51,160
on record so you could try to record the song

620
00:32:51,200 --> 00:32:51,839
off the radio.

621
00:32:52,039 --> 00:32:53,359
Speaker 1: Oh yeah didn't.

622
00:32:53,440 --> 00:32:55,400
Speaker 4: Yeah, we all did, right, That was that was how

623
00:32:55,440 --> 00:32:57,720
you got to hear your song, or you had to

624
00:32:57,720 --> 00:32:59,160
wait for it to come back around.

625
00:32:59,799 --> 00:33:01,160
Speaker 3: Now we have instant.

626
00:33:00,839 --> 00:33:04,839
Speaker 4: Gratification music through streaming. It's just not it's never going

627
00:33:04,920 --> 00:33:09,400
to be that again. It's instant gratification. So really the

628
00:33:09,559 --> 00:33:12,200
artists are limited on where they're going to make their money.

629
00:33:12,480 --> 00:33:15,839
It really is in those live venues, in selling merch

630
00:33:15,880 --> 00:33:18,759
at the live venues, and that's really the only way

631
00:33:18,759 --> 00:33:20,759
they're going to sustain themselves off their art.

632
00:33:21,720 --> 00:33:24,640
Speaker 2: That's why a lot of artists get into podcasting too,

633
00:33:24,720 --> 00:33:27,680
although you see it more with stand up comics than

634
00:33:27,680 --> 00:33:31,480
you do with musicians necessarily, but there's you know, if

635
00:33:31,519 --> 00:33:34,839
you're that's the thing, if you're even a tiny bit famous,

636
00:33:35,000 --> 00:33:37,640
you can start a YouTube channel and monetize it, get

637
00:33:37,680 --> 00:33:43,079
monetized quickly and create content that way. Justin Hawkins is

638
00:33:43,240 --> 00:33:45,359
a great example of that from the band The Darkness.

639
00:33:45,400 --> 00:33:49,240
You know, he has a very popular podcast called Justin

640
00:33:49,240 --> 00:33:53,599
Hawkins Rides Again and and it's it's really good. It's

641
00:33:53,599 --> 00:33:56,160
a lot of fun, and it's also very informative because

642
00:33:56,200 --> 00:33:58,200
he delves into a lot of these music industry issues

643
00:33:58,240 --> 00:34:00,000
as well. So that's another one I would recommend it

644
00:34:00,000 --> 00:34:02,720
if you're interested in this stuff. Justin Hawkins Rides again.

645
00:34:03,119 --> 00:34:06,440
But yeah, so a lot of people in the industry

646
00:34:06,440 --> 00:34:09,320
have had to seek other revenue streams.

647
00:34:10,320 --> 00:34:14,119
Speaker 4: And it's and that really these days, it's in that

648
00:34:14,199 --> 00:34:17,840
live concert. It's in moving those bodies into a venue

649
00:34:18,400 --> 00:34:19,920
that you're going to make the most money.

650
00:34:20,719 --> 00:34:23,400
Speaker 1: Yes, indeed, yes, indeed, and that and that's harder.

651
00:34:23,639 --> 00:34:27,960
Speaker 4: It's harder on artists, and it certainly benefits people like UMG,

652
00:34:28,880 --> 00:34:31,639
yeah obviously, but.

653
00:34:31,599 --> 00:34:33,000
Speaker 3: I really it just kills.

654
00:34:32,719 --> 00:34:37,719
Speaker 4: Me that they pay it all out and then they suddenly, oh,

655
00:34:37,760 --> 00:34:38,559
this is made up.

656
00:34:40,199 --> 00:34:43,360
Speaker 3: How do you do that? I don't know. Is it

657
00:34:43,440 --> 00:34:44,800
just me that I find that flabby?

658
00:34:46,440 --> 00:34:49,719
Speaker 4: It's awful to see what these lengths companies will go

659
00:34:49,840 --> 00:34:52,800
to to rip off the artists that they're making their

660
00:34:52,840 --> 00:34:53,280
money off.

