THE VALUE OF WATERMARKS
Confusion about the legal effect of watermarks and other copyright management information by visual artists reigns. Such misunderstandings and myths are created and then bolstered by bloggers who merely and uncritically repeat the false musings of others.
We are giving you the facts and the truth here because we believe you can handle the truth. Please note that the author may receive monetary awards for actual infringement or statutory infringement and a separate award of money damages for the alteration or elimination of copyright management software.
Before we get to the straightforward letter of the law, remember that it will be much easier for your lawyer to prove willful copyright infringement if you can demonstrate that the infringer altered or removed you watermark, copyright notice, tracking data, or metadata. If your image was timely registered, a finding of willful infringement allows for a much greater recovery of money in court than just actual damages and if you are entitled to request statutory damages (rather than actual damages), willfulness kicks that statutory number up as well. Simply put, given timely registration the Court has the power to increase the award if the infringement is deemed willful.
A finding of willful infringement allows the court to award a minimum award of $30,000 all the way up to $150,000. A finding of willfulness – as opposed to an “innocent infringement” – allows for a greater amount of money to be awarded to the photographer because the Copyright Law says just that.
Additionally… there are consequences to those
who alter or eliminate copyright management software, ie watermarks or metadata. The Copy right Act. In official speak – USC Title 12 Sections 1201 – 1205 allows for additional monetary awards for the mere alteration or removal of such information. Here’s the skinny but by all means click on the link and read the entire sections as both the United States Copyright Office and your humble servants want you to do.
Secs. 1201 – 1205 in plain English say (in part):
* No one is allowed to alter or circumvent copyright management software, identifiers etc. without the author’s permission nor is anyone permitted to market in any devices or techniques which will enable others to circumvent such software;
* If you use techniques like encryption, software, watermarks etc. to track your work and nevertheless someone eliminates or alters such information and that the unauthorized alterations/elimination causes you harm, you can sue in federal court;
* The Federal court can award your one or more of the following: an injunction preventing further use of the offending image in any form, an order directing the recall and/or destruction of the goods which use the image, money damages (see below), reasonable attorneys fees.
* The money damages may take the form of actual damages $200 – $2,500 per act of circumvention or statutory damages which may run $2,500 –$25,000 per act of circumvention. The statutory damages may be increased by the court if the infringer is a for example a repeat offender. Certain violations constitute criminal conduct and the penalties can go to fines of $500,00 – $1,000,000 or a 5 or 10-year prison sentence.
Note: these damages may be separate and apart from any monies sued for and which may be recovered arising out of the infringing use of the image. These damages refer to the mutilation or removal of management software. Actual or statutory damages recovered for the infringement(s) is/are a separate item(s).
* There are certain enumerated exceptions for law enforcement, broadcasters and certain not for profit institutions like libraries. There are other exceptions addressed to analog media and certain types of transmitted materials. Again, these exceptions are listed and spelled out right there in the law.
If after reading the sections you are confused or have questions about anything you see, you can send us a question or consult your own attorney. Do not, do not, seek guidance or legal advice from other photographers, illustrators, bloggers, agents, reps or self appointed experts who, daily repeat the myths posted by other unqualified “opinionators” or simply make up their own “law”.
Time to use a cliche’ here: “Opinions are like (pick a body part), everyone has one” whereas
these statutes are laws composed in black and white.
Edward Greenburg/Jack Reznicki
The Copyright Zone Thecopyrightzone.com
In Memoriam…
Just a short while ago the music industry lost an iconic figure in Scott Weiland. Weiland was the former front man for Stone Temple Pilots and Velvet Revolver. He died in his sleep less than a week before this issue comes to you.
Weiland had a distinctive voice & style, singing in the lower register with almost a growl that set the tone of STP's sound, his onstage persona also flamboyant and chaotic. He's been called one of the three "voices of a generation" of the 90's, alongside Kurt Cobain & Layne Staley.
Weiland died short of his 50th birthday, his star shining bright for the short time we basked in its glow. His style, energy, and charisma were second to none, but in his quiet moments he battled demons that would not let him go. This is a stark reminder to us all that the shell that we see in a person, the form in which they reside, might not show the entire picture of their life, their struggles, and their fears. We don't know the battles that go on in the mind and body of many people we know, and Weiland was no different. He was human. He was a star. He was a troubled soul.
The world lost a great person, a great musician, and the world of music mourns his passing.
RIP Scott Weiland
Photo Credit: Alex Rauch For KROQ
<CV> Let’s start off with getting a little background on the both of you. Jeff, what first got you into music and at what age? What made you say "this is what I want to do?”
<JEFF> My older brother Jack. Are you recording? *laugher*
<CV> Yes *laughter*
<JEFF> Ok, just making sure. *laughter* My older brother Jack when I was in grade school, 8,9,10. He started playing guitar. He was into Yes, Janis, Pink Floyd, Jethro Tull, that kind of stuff. He got me into music, he got my parents into music and he started playing guitar. I used to play his guitar in front of a mirror to Alice Cooper records, Led Zeppelin, Deep Purple, and because my parents got into music they used to take me to concerts. My dad got into the classical rock, Yes, Janis and Pink Floyd. That’s how it all began for me.
<CV> Now, of course we all know you were in Cinderella. I believe you joined them in 85? Give us a little history on that experience.
<JEFF> I was in a band called Precious Metal. We opened for Cinderella on many occasions. Cinderella was the House Band at The Galaxy in South Jersey every Saturday night at midnight and they would pack the place every Saturday night. So we got to open for them every now and then. I would play, I would run upstairs, get changed and run right back downstairs and be like, I need to be that guy! When Michael Kelly Smith was the guitar player I was like I’m so much better than him, I should be in this band. I went to High School with Tom’s wife and Eric’s wife.
<CV> Oh Wow
<JEFF> Yea so that helped. So they got signed, they got record deals offers countless, but every company said the guitar player and the drummer have to go. They only wanted to sign Tom and Eric. So finally after so many offers, they took an offer from Mercury Polygram, but they said you have to replace those two guys. So I auditioned and Tom came to me and said you know what’s going on. EVERYBODY knew what was going on in South Jersey and Philadelphia. I was like absolutely! He said, do you want to audition? I was like Fuck Yea! I was like I’m supposed to be in your band! I auditioned with Reggie Wu from
Heavens Edge, “Snake” Dave Sabo from Skid Row, a whole bunch of people auditioned and I got the gig.
<CV> What have you been doing since then? I understand you have a solo cd out yes? Can you tell us about that?
<JEFF> Yeah, I made a solo record. Tom, after our last tour I believe in 2012, they told me after the tour that they did not want to bring this up during the tour but Tom’s putting out a solo record that he has been working on for like 15 years or something that I actually played on. It started out to be Cinderella music with our Sony deal that got dropped or whatever. So it was put to me and my wife Debbie and my tour manager Larry Morand were like you have been threatening to put out a solo record for years so now is the time. So I did it. My wife kicked me in the ass a few times and so did Larry. So when Tom put out his solo record I was like ok, I will do mine. I put it out on Rat Pack
<CV> Oh yea, I know who they are.
<JEFF> Yea, right?
<MARKUS> What about the album you did before that, what was that?
<JEFF> The album I did before that?
<MARKUS> Yea, the album you did before that in 2009.
<JEFF> I didn’t do an album before that.
<CV> Stonehenge
<JEFF> Stonehenge *laughter*
<MARKUS> Yea, I did this album with this guy named Jeff Labar in 2009.
<JEFF> Oh Oh I’m sorry, Oh my god
<CV> Ohhhhhhh *laughter*
<JEFF> Hell yea! I did that Freakshow record with fuckin Markus,”Ronnie” and Frankie Banali and Tony Franklin.
<CV> Gee I think I have that album. *laughing*
<JEFF> I didn’t know we were moving on to
that yet. *laughing* So that was before I did my solo record.
<CV> Markus, now it’s your turn. Let's get a little background on you. What first got you into music and at what age? What made you say "this is what I want to do?
<MARKUS> I went to a <JEFF> Kiss Show!
<MARKUS> Kiss Concert
<JEFF> I knew it! *laughing*
<MARKUS> I went to a Kiss concert when I was a little boy and my dad made me rake 8 bags of leaves to get the ticket to see them. I went with my soccer coach and his kid and some kids from school and it changed my life.
Paul Stanley, man he really made me want to do this for real. My parents, my mom was really big into Neal Diamond and Elvis Presley, you know what I mean? I was a little guy and I loved that
shit! I really did, I liked the melodies you know? I was always a melody guy. My mom took me to see Neal Diamond then I eventually saw Kiss too. My dad was into Deep Purple and Led Zeppelin.
<JEFF> Really?
<MARKUS> Yea, and Van Halen and Scorpions. So he kind of pushed all that shit on me and I was just brought up correctly. At the same time being influenced as a teenager with Cinderella, Quiet Riot, AC DC, Kiss, Def Leppard and Ratt. Those bands kind of molded me to want to play this stuff for real. It wasn’t just a joke.
<CV> Give us a little background on some of the bands you have been in. Of course many of us know you are singer of Miss Crazy! Give us a little history on that experience and any other projects you have been involved in.
<MARKUS> Yea I did some albums before Miss Crazy. I was in a band called Amsterdam and we did 4 albums, then I was in a band called Trixie and we did 3 albums. I was in a band with Lonnie Vincent called Ham Sandwich and we did 3 albums. *laughter from all in room*
<CV> I think you told me about that and I was like no you were not. * laughing*
<JEFF> He’s done way more records than I have.
<MARKUS> Yea this new album with Welcome To The Freakshow makes my 36th album.
<CV> Is it really? Wow
<JEFF> Your fuckin kidding me *laughter from all in room*
<MARKUS> I’ve done a solo album.
<JEFF> Including what you have produced.
<MARKUS> Yea, I’ve produced some bands and stuff. Then I did Freakshow with Jeff and Frankie and that helped a lot. I did 5 albums with Miss Crazy. I developed a really good underground following worldwide and now I’m in Welcome To The Freakshow with this fuckin guy here.
<JEFF> This fuckin guy *laughing*
<CV> Do you know how I found out about Markus? Myspace. Do you remember Myspace?
*laughing*
<JEFF> That’s how I found out about him, that’s how we met! *laughter from all in room*
<Jeff> That’s how we fuckin met!
<CV> Now, out of all the different projects, tours, etc. Is there one thing that is memorable for the both of you, one thing that sticks out more than anything?
<JEFF> You mean other than Cinderella?
<CV> It doesn’t matter, it can be anything.
<JEFF> Well Cinderella for me was the pinnacle of my career. Other than Cinderella I played with Eric Brittingham’s wife in Naked Beggars, Eric Brittingham being the bass player for Cinderella.
<CV> Right
<JEFF> Eric and I have played in quite a few other bands together. When Cinderella is not doing anything we do other stuff. We also played in a band called Cheap Thrill.
<CV> That’s right, I think you guys have played at Vamp’d a few times
<JEFF> Yes
<CV> Unfortunately I was not able to go to it, but I really wanted to.
<MARKUS> Yea, he went and got a cheap thrill.*In a mobster voice*
*laughter from all in room*
<JEFF> I’ve played on countless records and cover tunes and tribute records and all that stuff. Freakshow was back in ’09. Freakshow was the fuckin coolest thing I’ve got to do!
<MARKUS> Yea, we really wanted to tour that bad!
<JEFF> We did!
<CV> So what happened with that?
<MARKUS> Well, we really don’t want to go into it but it was something that really fuckin lit the fire under our asses! It showed us we got this shit down!
<CV>I don’t know why I am asking this *laughing* Are there any funny stories to share from the past experiences for either of you from being on tour?
<JEFF> Nope *laughter from all in room*
<JEFF> Nope, nothing funny ever happened. *laughter*
<CV> NO? OK fine, NEXT! *laughing*
<JEFF> NO I’m kidding! *laughing*
<CV> Ok, I hear some good stuff sometimes so that’s why I started asking this question. *laughing*
<JEFF> Hmmm funny stories….
<MARKUS> I have funny stories about other people. *laughter from all in room*
<JEFF> Touring is funny. Touring with Cinderella, all we try to do is make each other laugh.
The reason that Cinderella has been together with the same 4 guys for so long is because all we try to do is make each other laugh.
<CV> Well that’s a good thing.
<JEFF> So specific funny stories.
<Markus> Yea Fred is pretty funny.
<JEFF> I could go on and on about Fred.
<MARKUS> He does the voices like I do too.
<JEFF> Right?
<MARKUS> Yea, I did it on the phone with him.
<JEFF> Oh my god that’s so funny.
<MARKUS> *In a Gene Simmons voice* He did his Gene Simmons and I did my Gene Simmons. *Room erupts in laughter*
<MARKUS> * In a Paul Stanley Voice* But my Paul Stanley is better than his Paul Stanley.
<JEFF> I know, oh my god that is so funny.
“At this point Markus and Jeff are doing different voices back and forth and we are all dying of laughter.”
<CV> God I wish this was video *laughing*
<JEFF> This really should be on video
<CV> I know! That is what I was just saying! *everyone in room is in hysterics as the voices between Markus and Jeff continue*
<CV> *laughing* I am curious how you guys are gonna be in like a week *laughing*
<JEFF> More Punch drunk?
<MARKUS> We will probably be more better of a band *laughing*
<JEFF> Yea, we will be better in a week *laughing*
<CV> Oh geeze *laughing* Ok, this question is for both of you. What did you learn from your past experiences music wise that you have brought to this new project?
<JEFF> *laughing* Nothing
<CV> Well that was easy *laughing* Nothing?
<MARKUS> Well that is easy, what have you learned? I’ve done numerous records and tours. I’m not on as a big of a scale as Cinderella and stuff, but I’ve toured the whole US and played some big festivals. I’ve played in front of some 30 thousand and some people. Not like Russia like this guy *points to Jeff* he played to like 60 thousand or something like that. This guy has done some of the most fabulous fucken live shows. Opening for Bon Jovi, AC DC and David Lee Roth. I saw all those shows. When you are in a crowd and you see that shit with the PA and the lights and the fuckin flipping of the guitars, you try harder than the next guy. That was my thing. I would go you know what, I need to be better than the next dude and if I wasn’t I would go in my room and I would fuckin get it down you know what I mean? Like Jeff, I would stand in front of that mirror and get my shit together.
<JEFF> *laughing* When I was a kid and I went to concerts as a teenager, it just encouraged me, it made me want to do that. What’s the word?
<MARKUS> Influence
<JEFF> Yea, influence
<MARKUS> With admiration ya know? You see something like that and you say I can do that and I can do it better ya know?
<JEFF> I didn’t really think that, I was more like that was so awesome and I want to THAT more.
*laughter from all in room*
<CV> Now, the both of you have toured pretty much all over the world, do you have a favorite place to play and why?
<JEFF> I love Tokyo.
<CV> I hear that a lot.
<JEFF> Yes, I love Tokyo, Japan because I’m half Japanese. My mother’s Japanese so every time I tour in Japan
<MARKUS> Like Ace Frehley
<JEFF> Yes, I would bring my mom with me.
<CV> Oh, very nice!
<JEFF> I think we did 3 tours throughout Japan and I brought my mother with me every time. The promoter there gave my mother like 20 laminates. I got to see all my family and she would collect all 20 laminates at the end of the night and at the next show I would meet 20 more people in my family or in her family. So Tokyo is my favorite, aside from the US. Every other country is weird. The food is kinda weird or the weather is kinda weird, you know. When I first started touring the south I was like wow, I have never been out of Philadelphia. When I
was down South I was like wow everyone is so cool. *laughing* For me though it would be Tokyo and through out Japan, that is my favorite.
<CV> Markus, what about you?
<MARKUS> I have a few. I’ve only toured the US a couple times but when I did do it there were really great crowds in Texas.
<JEFF> Yea, the south.
<MARKUS> Yea the south, but then for me it was like the East Coast. We did really well in Philadelphia, Jersey, Wisconsin and then all of Iowa.
<JEFF> The mid-west is really cool too.
<MARKUS> Yea, and in Minnesota. It’s like they really grasp the shit! You’ve got a hard sell in California and New York or something, but everywhere else is great!
<CV> What about when you played Hempfest?
<MARKUS> OH SHIT!
<CV> Oh yea,oh shit *laughing*
<MARKUS> I had turtle head coming out of my butt that day! *laughter from all in room* Seriously that was for like 35 thousand people!
<CV> I know, I did not know about you guys then so I did not get to see you guys there, I was
pissed! *laughing*
<MARKUS> There was people from in the front of the stage all the way down the street! Then you look to your left and there is the fuckin Space Needle! It was crazy! Of course with it being Hempfest I was stoned out of my mind!
<CV> *Looking at Jeff* This is why I call him Stonehenge *laughing
<JEFF> Oh my god that is so funny *laughing*
<MARKUS> Then the editor and chief of ,what is that magazine?
<Beau Fox> High Times
<MARKUS> Yea, High Times Magazine intro duced us!
<CV> Nice!
<MARKUS> Yea, he comes out and says Are you guys fuckin ready? So what do we do? We come out with fuckin Quiot Riot… Bam,bam bam,bam, bam bam bam bam.. *In the tune of Bang Your Head* I swear to god everyone came out of everywhere. There was a guy that fell out of a tree. *laughter from all in room*
<JEFF> What??? *laughing*
<MARKUS> It was so crazy and out of the blue. It was like 10 thousand people that were back there and then out of the blue it was 35 thousand! It was crazy, that was one of the best times I have ever had!
<JEFF> *Still laughing* Fell out of a tree? *everyone bursts out laughing again*
<CV> I wonder what he was doing up there? *everyone laughing*
<MARKUS> I have never seen so many people run towards a stage. Here I am giving Frankie Banali props for that, but that fuckin riff man… Bam,bam bam…
<CV> This question is for the both of you. What is your favorite thing about being on that stage and performing live?
<JEFF> My favorite thing? Oh god.
<CV> Besides throwing picks at people? *laughing*
<JEFF> Well, that’s not “my” favorite, I do that for them. *laughing* Um, god that’s a hard question. What’s my favorite thing about being on stage. Just playing, it’s going to be a boring and simple question. It’s just playing. When I was a teenager I never expected that I would do this for a living. I never said, Oh, I’m gonna be a rock star. No, I never even expected, thought or dared to dream. I just played guitar because I enjoyed it. So I think my favorite part of performing is just playing and getting the feedback from people. To see people enjoying it. That’s a lame answer isn’t it?
<CV> No, not at all!
<MARKUS> I’m kind of the same way you know. I play bass now in Freakshow, Welcome To The Freakshow . I keep saying Freakshow, I have to stop saying that.
<CV> Yea, I’m going to ask about that a little later, go ahead.
<JEFF> Oh Boy.
<MARKUS> I love playing bass though. I’ve always been natural at it and I played bass before I played guitar. So now I’m back on bass and that’s really good, and I play a Fender. I really loved playing guitar.
<CV> Well and you are really good at it.
<MARKUS> Thank-you. When you are on stage there is thing that comes over you. Whether it’s 5 people or 500 people, there’s nothing like pleasing somebody with something you create. It’s like a painting you know? You paint a picture and someone says I have to have that in my living room!
<JEFF> Right!
<MARKUS> That’s gratification. That means more than money.
<CV> Alright, let’s get to your current project. First, there seems to be some confusion on the actual name of the band. Some think it’s Freakshow, and some think it’s Welcome To the Freakshow. Can you shed some light on that to clear up the confusion?
<MARKUS> There really isn’t any. *laughing* Jeff, you tell them.
<JEFF> *Laughing* You want me to tell them?
<MARKUS> Sure. Two different bands, two different albums
<JEFF> When we did the Freakshow record. *Looks at Markus* Really? You want me to say it?
<Markus> Yea
<JEFF> Frankie basically took possession, or hostage *laughing* of half the band and half the rights to everything. We wanted to tour, we thought we were going to tour.
<MARKUS> We had great guys lined up <CV> I remember you telling me a little about that.
<MARKUS> Yea but Frankie wouldn’t allow it, he wouldn’t let us do it. So here we are now and we got this new album Welcome to the Freakshow.
<JEFF> That’s why we changed it to Welcome To The Freakshow because he owns the rights to Freakshow.
<MARKUS> With me, and when you are the 50/50 guys if he doesn’t say ok, I can’t do it.
<CV> Right
<MARKUS> You know, I’m gonna tell you this and I want to end it with this.
<CV> Ok
<MARKUS> That album was great and it changed our lives in a way if you know what I mean.
<JEFF> It’s such a great album
<CV> I agree, I have it and I love it!!
<MARKUS> I’m very very very proud of it and glad I got to play with Frankie and Tony and Jeff.
<JEFF> Me too
<MARKUS> But that’s the past now and I wish both of those guys the best and they are great players and God Bless them. You know what I mean? We are doing this now and no one can stop us.
<CV> How did you come up with the name for the band?
<MARKUS> It was the first song off that album and it was popular. So what we did was rerecorded the songs we wanted to do and we added a few new ones there and we realized we did it. Now we are more excited about doing another one.
<CV> Good, and I know how you work so I knew another one would not be far behind.
<MARKUS> Yea, well we love those songs and we wanted to give them to people, we wanted to play them, but at the same time we didn’t want to play the songs like the same versions with Frankie. We wanted to do new energy and it is 6 years later right? So we called it that and we did those songs so we could actually give them to people and so we could sell it without having somebody throw an attorney at us or something.
<JEFF> *laughing* Throwing an attorney at us?
<MARKUS> Throwing him *laughing*
<CV> How did this project start? What was the catalyst behind it. Give us a rundown how it all came together.
<JEFF> He called me. After I got my hair cut! *laugher from all in room*
<MARKUS> Yea, I called him but he didn’t answer! Then he called me and said Hey what’s up? What are you doin?
<JEFF> Fuckin Markus!
<MARKUS> After we got done talking, he said alright I’m in.
<JEFF> Oh yea, that’s all it took. He called me and said we can do this! We’ve been wanting to do this for years. I forgot about it. *laughter from all in room* No No, lost cause. We can’t do it because of the Frankie situation. So he fuckin called me and said we are going to call it Welcome To The Freakshow and that’s how we are getting around it. We will re-record everything.
<MARKUS> From scratch again, you know?
<JEFF> I said I’m in, I’m fuckin in! I wanted to do it then. I so wanted to do it then.
<Markus> Then we got Tom Frost who is a drummer virtuoso, he’s a great guy and he has a great attitude.
<JEFF> He’s a good engineer in the studio.
<MARKUS> It’s a good vibe! We have a good time.
<CV> How did you know this line-up was the right fit?
<JEFF> It was just potluck. *laughter from all in room* I’m kidding, I’m kidding.
<MARKUS> I already knew what I did with Jeff in Freakshow and knew what he was capable of. He knew I was very similar to the things that he was into. I had a track record with Tom already ghost drumming on some of the Miss Crazy Albums. It was a no brainier. I felt
comfortable inserting these guys into this project. Now we are all buddies and stuff it’s funny. We make fun of each other and everything.
<JEFF> *laughing*
<CV> Do they know you make fun of them? *laughing*
<MARKUS> Of course
<CV> Just making sure *laughing*
<MARKUS> We make fun of each other every day. A lot of gay jokes amongst each other. *laughing*
<CV> *laughing*
<CV> You just came out with a new album. Tell us about that and how is it being received thus far?
<MARKUS> Well it’s kind of new still. We really didn’t do a lot of PR for it yet, but we just got new management and we just signed with a new booking agency. So we are just testing the waters right now. We are going to get it out and so people can see us live. We have a new video that is at 11 thousand plays or something like that, which is good for a 4 week span. It’s anniversary is 4 weeks today. It’s growing rapidly and people are getting the word out there and stations are playing it. Eddie Trunk has been playing us and we have a debut on KNAC this week.
<CV> I saw that, that’s very cool.
<MARKUS> Yea, we are going to keep it rolling you know? I think it’s more an opportunity that 6 years later Jeff and I can still do this and we can do it better than we did then because we did not have the opportunity to do it. We went through a
lot of emotions and a lot of being angry and a lot of this and that. Pointing fingers at this guy and that guy, but when it really comes down to it, me and Jeff fuckin know we are supposed to play together. He knows it and I know it. This is what was initially going to happen. I was just going to play guitar because in Freakshow the album I was the guitar player and we had Tony Franklin. So I practiced my ass off to the Freakshow album with him playing on it and I learned all his parts and then I incorporated my own style and then I said you know what? I’m going to be more of a team player and I got Jeff and I’m going to play bass and then we got this great drummer Tom and we’re kicking these tunes out, and before you know it we’ll have another album so we won’t have to rely on previous material. I did write it all, Freakshow did start out as a solo album. Jeff was going to do my solo album and then it turned into Freakshow when we got Frankie. So we are very motivated to succeed, no matter what happens we are going to give it our best shot.
<CV> I know you said a little about it, but the song writing process, is it a group effort or do you write it all?
<MARKUS> Well, I come up with the initial ideas you know what I mean? Yea on the last two albums I have done a majority of it but we are going to expand that a little bit and make it more of a band effort. I even encouraged Jeff to sing a few songs or at least one song on the next record.
<CV> That would be very cool.
<CV> What is the motivation behind the music you write? On this album do any of the songs speak to you on a personal level?
< MARKUS> You know, yea. The album is very emotional because even though it’s recreated but from emotions that were carried over from experiences in life and people you meet. It was a heavy album. I was in a stage where I had some relationships that kind of didn’t work out the way you expected them to and there was some emotions there. Now the new things we do will be from new experiences but everything
is pretty real. I don’t make shit up. Usually. *laughs*
<JEFF> *laughing*
<CV> Usually? *laughing>
<MARKUS> Yea, I always have some reason for something.
<CV> Let’s discuss the recording process itself. Any likes or dislikes about it? I get a lot of artists who say they love being in the studio and I get a lot of people who say they can’t stand it.
<MARKUS> Oh god, tracking is the greatest. It’s fun as hell. Making an album is the greatest, I love it!
<JEFF> For me I am the exact opposite. I love playing live and I love performing. Studio for me is like work. Ya know, I’m like shit, I have to work. I have to actually do something well. When I’m on stage that is really natural to me, but when I go into the studio I’m like fuck, I have to play well, I have to do good stuff. Every time I record, I’m like man, that could have totally been better or I come up with better stuff after I’ve already recorded it. Then I go out live and play the cooler stuff.
<MARKUS> *laughing*
<JEFF> Ya know, I fucking hate that! It’s kind of because I’m lazy. *laughter from all in room* It’s like I go into the studio and I’m like, Oh you want a solo *starts making guitar sounds*
<CV> I don’t know how I’m going to type that. *everyone laughing*
<JEFF> Oh, you can type it like “scan a flan a flan, scan scan.” *everyone in room laughing*
<CV> *laughing* I will remember that!
<JEFF> That’s what I do.
<MARKUS> Just put in parentheses guitar noises *laughing*
<CV> There you go!
<JEFF> Sometimes I listen to it back and I say Oh, that kinda sucks and then I will come up with something better live on stage.
<MARKUS> I do that too, I get that part. I love to record, I love to record, I just do. Some people do, some people don’t.
<CV> I remember seeing posts from you at 2 am saying OH MY GOD I couldn’t sleep and I just
wrote this cool thing and I’m like does he ever sleep? *laughing*
<MARKUS> Well hey, you know that is what sucks. Sometimes you never know, I will sit there I swear to god, I will sit there all fuckin day and come up with shitty stuff. Or I won’t come up with a song for a month. Then I will be going to sleep and I am really comfortable, everything’s great, I’ve got my dogs
*Jeff starts laughing* and this melody starts and this riff goes. I’m like you know what? If I don’t get up and fuckin do this song right now I’m going to forget a great tune. So when you saw that post it was for The Way That You Love Me, that song’s on our new album
<CV> Is that what that was?
<MARKUS> Yea, that’s what that song was. We are going to be making a video for that too!
<CV> Nice!
<RANDOM GUYS IN ROOM> Hey, do you guys mind if we smoke a bowl over here?
<MARKUS> Please!
<JEFF> On no, not at all! *laughing*
<MARKUS> Please smoke that bowl! Please Do! *laughing*
<CV> Well that’s going to be an interesting part of the interview *laughing*
<RANDOM GUYS> *laughing* I have a license, I don’t know what you are talking about. *everyone in room laughing*
<CV> Musically, who are your biggest musical influences? Is there any artist you try to emulate and why?
<MARKUS> Def Leppard
<JEFF> *laughing Def Leppard?
<CV> You were influenced or you try to emulate them?
<MARKUS> Well, I’ve always tried to emulate the better singers. Robert Plant, Def Leppard, Joe Elliot, Brian Johnson ,Tom Keifer even. I learned so much from these guys. Where a lot of singers have trouble with that stuff. I wanted to go high.
<JEFF> *in a James Brown kind of voice*
H.I.G.H. , H.I.G.H. *everyone in room laughing*
<MARKUS> I wanted to be really loud. I wanted the trip those guys did, I wanted the charisma that they had when that voice came out. Like Keifer.
<JEFF> Right
<MARKUS> That due brought it. Fuckin Night Songs and shit! I was like fuck that’s awesome! Joe Elliot with that shit that he pulls out, Brian Johnson on “Back In Black” and oh my god, ENDLESS amounts of Robert Plant!
<CV> Oh yea, I love Robert Plant!
<MARKUS> You see, Robert Plant is really into Elvis, and I am really into Elvis. So it was almost like that guy was meant for me to learn off of, and who better to learn from than the better ones. I never listened to a “Keel” album and tried to sound like that.
<JEFF> *laughing along with everyone in room*
<MARKUS> Or Black And Blue or something like that.
<JEFF> *laughing* Black And Blue? *laughing*
<MARKUS> Yea, exactly. There are goofy bands and then there are the real ones.
<JEFF> *laughing* Goofy bands? *laughing* Don’t quote him on that.
<MARKUS> *laughing*
<CV> Oh I’m sure he will get with me later and say don’t put in this or this. *laughing*
<JEFF> *laughing* Don’t quote him on goofy bands. The singer for Black And Blue will be like, Markus said this, we’re goofy. *everyone in room laughing*
<CV> The reason I ask that is because I get some people that will tell me I want to be like this person or that person, and I’m like No, you need to be yourself. Just like you Markus, when you sing, I don’t need anyone to tell me it’s you, because you have that sound, I know it’s you.
<JEFF> There you go!
<MARKUS> Thank-you, but at the same time I wouldn’t be who I am if it wasn’t for the people I named.
<JEFF> Of course
<CV> Well yea, absolutely
<MARKUS> You only learn from the best at anything you do. Like when I was a guitar player. You know what I love about this guy *pointing at Jeff* He just gets to fuckin play guitar! You know, if I couldn’t sing, oh I would just get miserable because I would just want to grab the mic and sing. I love playing guitar too.
<CV> Remember what I told you that time I saw the Miss Crazy performance and you weren’t playing guitar and you were just standing there singing, I was like that’s just not right, that’s not you.
<MARKUS> I don’t know what you’re talking about.
<CV> Exactly.
<JEFF> Oh boy *laughing*
<MARKUS> *laughing*
<CV> Right now, who do you like to listen to during your down time?
<MARKUS> I like pop stuff, like Ga Ga and Britney. Classic hard rock and I have been getting into Sweet lately, better late than never. Lol
<CV>I know the both of you have families, is it hard trying to juggle all of that?
<JEFF> No
<MARKUS> It is for me a little bit.
<JEFF> Nope
<MARKUS> He’s more used to it.
<JEFF> Well I’ve been doing it for a long time. I’ve been doing it for over 30years. My son Sebastian is taking over the family business. My son Sebastian plays guitar for a band Mach22. He is way better than me, he is 22 years old and he is teaching. He’s basically picking up where I left off. As far as my family, this is what I do. This is what I’ve always done.
<CV> So they are very supportive, that’s great.
<JEFF> Oh yea, yea. My wife Debbie she’s like you’re going where? Whatever. *laughter from all in room*
<CV> Markus, how is your family with what you are doing?
<MARKUS> It is difficult but it has to happen, and there is always some sort of thing, but either way it gets worked out, and if not then I deal.
<CV> When you are not on the road or in the studio, what do you like to do during your downtime?
<MARKUS> Have a job, PlayStation and Football games. I like sports a lot. Also I like to write new music if I can.
<CV> The music business can be very tough. What do you like the most, and what do you like the least? What motivates and inspires you to keep pushing forward?
<MARKUS>I think the music industry is into making big money. Hard Rock is no longer that for them. It sucks because the internet has destroyed record companies and has made it to where people steal music and bands like us suffer. Shame on you people.
<CV> What are your thoughts on the use and necessity of Social Media?
<MARKUS> Well, I think there really is no choice because that’s what society has turned into. It’s not the way it used to be. I kind of miss Myspace. We were talking about that the other day.
<JEFF> *laughing* Right?
<MARKUS> It used to be so fun. I used to have a page where I had like 120 thousand friends. On FB I can only have a certain amount. Social Media is our way of life now. It’s the connections, everyone knows about it, they get informed by things, we need it in this day and age definitely.
<CV> Now this is touchy for some artists but it’s a question I like to ask. How do you feel about music download sales, would you prefer a return to CD's and Vinyl?
<JEFF> Well, it’s a lot less profitable. The way music is sold today, back in my day. *laughter* Our first record sold like 3 million copies and I got fuckin paid. Today with downloads and social media and all that, first of all not many rec-
ords sell 3 million copies. Even with the biggest artists like Lady Ga Ga or Taylor Swift or whatever, they don’t sell that much as far as record sales or cd sales or whatever. Now it’s fuckin ITunes.
<MARKUS> The pirates, all the pirating.
<JEFF> Yea, it’s like there is way less money to be made. We have to figure out other ways to make money. Fuckin Pandora pays pennies.
<CV> I heard Spotify is the same way.
<JEFF> Oh it’s horrible. Basically music has gotten a lot cheaper and artists don’t get rich anymore. Unless your Beyonce.
<CV> I was actually sent the Iron Maiden album before it came out to do a review on it. The way they sent it to me, I can’t remember the term but it had a code attached to it. So if I sent that to anyone they would know and I would be sued, what have you. So I was thinking about that and I’m like why can’t you do that when you are selling your music online, so if someone is trying to steal and pirate it. I was like why doesn’t anyone else have that capability? Is it because it’s Iron Maiden?
<JEFF> I don’t know, it’s all so new. It’s still so new to everybody, and trying to make money off of trying to be a musician has become a lot harder.
<CV> Yea there are many that I talk to now that have to have day jobs.
<JEFF> Exactly
<CV> I spent Easter interviewing Doyle from The Misfits, and some of the things he was telling me I was just like wow. He said the same thing you did about Japan too. He loves Japan.
<JEFF> I love Japan!
<CV> Tell us about the music industry today and where do you think Freakshow fit’s in?
<Markus> It doesn't, that is why it is so difficult. We are a Hard Rock band and we have to survive on the real Hard Rockers out there and that are left.
<CV>I realize this project is just starting out, but where do you see the journey of Freakshow going?
<Markus> Well we just did this album and we will do some more shows and a few more videos for songs on the record. We will do interviews and we will take this thing with a humble mind because we will be grateful for whoever likes us. Hard Rock is a tough sell these days.
<CV>With the both of you having years of experience in this industry, what advice would you give to a new band just starting out?
<Markus> Be better than everyone else and have good songs, because without that it does not matter. Everyone is a good player, but what can you do with a bunch of guys? Bottom line is this key, good songs and be better than the next guy because there are so so so many out there who think they are the shit.
<CV> I know that this tour just started for you and Vegas was your first show yes? How did that show go?
<Markus> We were dead tired from driving 12 hours, but I don't know. You tell me. You were there. (Smiles)
<CV> I think it was Amazing and can’t wait to see you guys rock the stage again!
<CV> Vegas was the first stop on this tour, where do you go next? How many shows do you have lined up right now?
<Markus> Arizona, Hollywood, San Jose, Washington, Oregon and Redding, Ca. Then we are gonna release some new videos and plan for next year.
<CV> What can fans expect to see at a Freakshow performance?
<Markus> A Hard Rock band that plays classic Hard Rock and some bad ass music.
<CV> How did the both of you meet and how do you guys like together? Obviously you guys get along very well.
<Markus> We met on Myspace and we see eye to eye. We understand each other and we both love football. I love this guy, he’s funny and we crack up about shit. If anything ,I’m really excited about the things we are going to do.
<JEFF> Myspace. Yea, I was all into Myspace. Like very morning I would get up and I would get right on the computer and I would be on Myspace for hours. So people would send me music all the time. I listened to everything. Markus sent me, Ronnie, sent me some Miss Crazy stuff and I was like wow! This is really cool! I was like it ,kind of sounds like Cinderella type music. So I wrote him back saying that, I was like wow this is fuckin cool. He was like hey, I’m gonna a solo record, do you want to play on it? Want to know what I said?
<CV> You said fuck yea?
<JEFF> I said how much money you got? *laughter from all in room*
<JEFF> Straight up, straight up! I said how much money you got? We set a price and we struck a deal. I was like yea! I’ll play on your solo record. From that Frankie Banali got on board because Frankie and I always wanted to do something together. So Frankie got on board and he got Tony Franklin together and the rest is history.
<CV> Well it seems like you guys get along
very well, you guys are a good fit.
<JEFF> Me and Markus get a long great!
<CV> That’s important.
<JEFF> We got no problems. Well not yet. *laughing* Just kidding. *laughing from all in room*
<CV> What does Freakshow have planned for the rest of 2015 and for the start of 2016? Any big tours and projects planned?
<Markus> Yea we will have a good plan to rock all of next year. US tour?
<CV> Not only do you have the new album out you also have a video as well. Tell us about that?
< Markus> We recorded it in San Jose which is my home town and it was fun. We did "Everyone" because it was a song a lot knew and we rocked it! The album you need it and go buy now!!!
<CV> If people want to get any further information and pick up the new album where can they go for that?
<Markus> www.welcometothefreakshow.com
<CV> What would you like to say to your fans and our readers?
<Markus> Thank you for digging our music and God Bless you and see you soon!
And; Thank- you so much Sherry, you are always a class act.
<CV> Thank-you so much Markus for the kind words and thank-you to you and Jeff for taking the time to sit down with me. Also, thank-you for all the amazing music! I have to say out of all the interviews I have done I have never had as much fun and laughed so much! The album is great and you will always have the continued support of CV WorldWide Magazine. We all can’t wait to see what you have in store for us!
Available JANUARY 22, 2016
Brand new track “Fatal Illusion” available now
Thrash metal genre pioneers MEGADETH will kick off the new year with the release of their 15th studio album Dystopia on Universal Music Enterprises /Tradecraft / T-Boy Records on January 22, 2016.
With musical architect and band visionary Dave Mustaine at the helm, Dystopia was recorded in Nashville, TN, and mixed by Josh Wilbur (Lamb of God, Gojira, Avenged Sevenfold).
The rest of the MEGADETH lineup is comprised of David "Junior" Ellefson on bass, new member Kiko Loureiro (formerly of Angra) on guitar, and drummer Chris Adler, who took time away from Lamb of God to record Dystopia. The result marks a true return to form, adding new blood and injecting a new burst of creative energy into the new album.
"There's an excitement right now that I haven't felt for a really long time," exclaims Dave Mustaine.
Featuring 11 brand new tracks, Dystopia will be released on both CD and LP, as well as digitally through all online partners. “Fatal Illusion” is the first track released from the album, listen here.
Dystopia weaves together Dave Mustaine’s intricate and unique songwriting style, trademark leads and lightning riffs with harmonious precision, paying homage to MEGADETH’s influential roots while continuing to break new and heavy ground.
MEGADETH burst onto the scene thirty years ago, virtually inventing a genre with their debut album Killing Is My Business… And Business Is Good! (recently recognized by VH1 as the Greatest Thrash Metal Debut Album of All Time) sold more than 38 million albums worldwide, earning numerous accolades including 11 Grammy® nominations, scoring five consecutive platinum albums including 1992’s two-million-selling Countdown to Extinction.
TRACK LISTING:
1. The Threat Is Real 2. Dystopia 3. Fatal Illusion 4. Death From Within 5. Bullet To The Brain 6. Post American World 7. Poisonous Shadows 8. Conquer or Die! 9. Lying In State 10. The Emperor 11. Foreign Policy
