Ways grew out of a simple concept: I was a musical artist amongst
a group of friends that, at the time, didn't have a clue what we
were getting into. There was Devin Stoneham, Sameer aka Skutch Shimoda
from Passion'd Flower, Dan Cohen (aka Dan Dutnoff), the Henry Farm
with Vince Strnad, now Vaslav, Dead Face West and Deus Ex Nihilo
with Derek Schraner and then later there were The Conscience Pilate,
Sharpkid and many others... all people that somehow felt they had
something to say, something to share... something creative. Something
inherently and emotionally good.
As we grew up some of us drifted apart and I
find myself, years later, running this label based upon the belief
that artists should own and profit from their own work first and
foremost, before other professionals or companies that may wish
to assist them in their careers. (Present company included!) The
current Fading Ways roster includes some of the best writers and
performers in the Canadian music scene. We love them all, and respect
their work very much.
"Fading Ways": An ideology of love, understanding
and respect that is hard to live by these days. What we learn consciously,
what we are taught in school and by most parents is largely based
on other external ideals, such as success, power, and financial
wealth. From a very young age - shortly after birth, depending on
our immediate family members - we in the western world become victims
of "Fading Ways": the forces that make us forget the important natural
human emotional drive for love, passion, caring, and true, life-long
I used to think it was an isolated concept that
needed detailing to most people, because it touches on a wide variety
of topics: everything from basic human nature, philosophy, existentialism,
politics, art, sexuality, greed, the mistreatment of women by (most)
men, war(s), to the boredom of an everyday post- modern capitalist
existence... some of these may sound like clichés, I realize...
but read on before you tune out.
A couple years ago I read two books by Swiss
psychologist Arno Gruen and realized I wasn't alone in these concepts
and approach towards life. If you can try to find it in English
(only in print for 6 months, then disappeared, taken off the shelves
throughout North America, while shit like "The Celestine Prophecy"
sold by the truck-loads), or if you are fluent in German, French,
or Portuguese, read Gruen's "The betrayal of the self" ("Der Verrat
am Selbst"). I strongly recommend it, as it scientifically exposes
what we want to say with the concept of "Fading Ways". This is what
music is for us: a spontaneous overflow of emotion that combats
the effect of Fading Ways and the withering of the human spirit.
My friend Miguel Moita coined a Portuguese equivalent of the term:
"desvanecimento", which translates loosely as "the withering of
the human spirit". It is comforting to know that even though the
world seems so doomed at times, there are several people out there
who still believe in these basic humanistic ideals. I hope that
the music put forth by Fading Ways, through the work of these varied
songwriters, will help spread these very important notions... or
at least, move some people towards genuine feeling again. Depression
is not abnormal! It is better to feel sad than to feel numb, or
to feel nothing at all. It is better to feel angry than to feel
nothing at all. It isn't human to be on auto-pilot from 9 to 5 and
beyond, feeling nothing at all.
A final word: I believe, and some around me
agree, that the world is ready for a new era - a post-modernist,
post-rock n roll, post-everything new era that will introduce a
new humanistic, sustainable approach to life and art on this planet.
An age that will do away with the self-serving misappropriations
of terms like "democracy" and "freedom", so frequently mis-used
in our times...
Oh. And another thing. "Music Publishing", as
a concept, is wrong. No one creates songs out of thin air. CopyLeft.
- Neil Leyton, November 2003.
-- Fading Ways and the concept of CopyLeft
Below are some informative links that illustrate
some of the problems with the music industry today. Fading Ways
plans to proceed with several copyLeft releases in 2004, and in
order to be able to accomplish this it is imperative that we all
learn as much as we can about the battles ahead - be as strong and
knowledgeable about the legalities of these issues as the major
labels and the hordes of lawyers in their pockets. Otherwise, along
with the continuing exploitation of hapless, uninformed "artists",
the RIAA will continue suing 12 year-old girls (along with hundreds
and hundreds of other file-sharers), effectively ensuring that the
public pays through the nose for the musical mediocrity their bosses
pump out year after year. That is NOT the music business WE are
Pending each artist's individual agreement, here
is how Fading Ways proposes to protect their rights on our 2004
This work is licensed under a Creative
It will appear on each record as follows: CopyLeft
2004 Fading Ways Music. This work is licensed and sold under the
Creative Commons Attribution-NonCommercial-ShareAlike License. To
view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/1.0/
or send a letter to Creative Commons, 559 Nathan Abbott Way, Stanford,
California 94305, USA, or visit www.fadingwaysmusic.com for further
Furthermore, Fading Ways will also provide an
optional PayPal donations system for fans to contribute funds directly
to their favourite artist(s) should they be uploading or copying
their music - our goal here is two-fold: 1) to counter the RIAA-induced
notion that downloading is somehow prejudicial; and 2) provide the
fans with a voluntary system by which they can congratulate and
genuinely reward the artists' work.
-- What it means to our artists
Put simply, the above CopyLeft notice means
that if a fan copies a CD to give to a friend, they are not breaking
the law. Even if they upload an MP3 and share it with other web
users they are not breaking the law as long as they are not making
any money out of distributing the artists' work. Contrary to what
the RIAA and the majors are claiming, home taping in the 70s and
the CD burning of today is not what's hurting music - what's hurting
music is the fact that ClearChannel-style corporations are broadcasting
crap music to such a high percentage of the population that people
are giving up on buying music, because they are NOT HEARING ANYTHING
THEY LIKE on the airwaves of today. If I burn a Luke Haines CDR
of my fave Luke Haines songs and give them to a couple of friends,
they are that much more likely to go and buy his next album or to
go seek out some of his back catalogue - if they like his music
-- Related Links
My recent reply to Michael Geist's article in
The Toronto Star about compulsory P2P.
Great site on Open Source, CopyLeft, and other
related topics, based out of Ottawa, Canada.
Statement of Don Henley
on behalf of the Recording Artists' Coalition before the Committee
of the Judiciary United States Senate
April 3, 2001
Several music industry
and CopyLeft links.
Homepage of the book "CopyLeft: creativity,
technology and freedom?" by Miriam Rainsford.
Creative Commons offers several alternatives to
traditional copyright, so that artists can protect their work in
a more meaningful way this century.
Great article by Robert Boynton on the above issues
and the Creative Commons movement. (In the NY Times no less!) Thanks
to Ioana for e-mailing me the link.
vs. The Court
A music industry reality-check.
By Neil Leyton, Fading Ways Music, with the assistance of Russell
From our perspective as an independent label,
the measures of "success" that the music industry adopted
during the booming economy of the 1980's have revealed themselves
to be a non-sustainable business model, mid-way through the 90s
and in the new millennium. Due to over-inflated recording cost,
promotional costs and the salaries of their large staff and grossly
overpaid directors, the major-label business model increasingly
depends on the public to buy records by the millions, placing the
emphasis on the sales figures of the week of release - much like
the film studios' focus on "opening weekend" gross. As
a result, the major labels tend to focus on the "next big thing"
rather than sustaining and developing career artists. It would be
almost inconceivable for a major to sign a singer/songwriter like
Elvis Costello in today's business environment, and as a result
incredible talent falls by the wayside.
With the changed economy, and even with major
marketing campaigns, the major label releases often don't live up
to their sales projections these days. So, instead of acknowledging
that their business model requires certain ideological modifications,
the industry has now chosen to point the finger at the consumers,
aiming to blame them for not buying a million records in the week-of-release
the way they used to in the 80s. Comparatively, in the 70s, when
Pink Floyd put out a record, 50,000 sales in the first week of release
was considered a success. The recording industry refuses to accept
that times have changed, and with the arrival of the internet as
a new technology for down-loading they have found the perfect scapegoat
as to why their business model isn't doing as well as it used to.
But before we discuss the downloading issue, another
related matter also needs a brief commentary: Songs. Singles. The
North American music industry, unlike European labels, did away
with the CD-single format long ago, at a time when the album format
seemed more profitable to their accounting. However, many of these
industry decision-makers may not have realized that most of their
records only contain one or two "good" tracks - the radio
singles. Why should consumers spend $20 on a record when all they
want to hear is that song that ClearChannel radio stations keep
playing twenty times a day? Just buy the single. This may explain
the recent resurgence of the CD-single - which may ultimately prove
too late. Consumers have already learned that if they can no longer
purchase CD-singles there are other ways to go about acquiring the
individual songs they want: iTunes is an option - but that too may
have come too late, because consumers learned a better way - free:
downloading via file-sharing / P2P. The North-American recording
industry, via the actions of the RIAA and CRIA, have now decided
that this must stop.
The Fading Ways Business Model
While other labels are endorsing law-suits against
up/down-loaders, Fading Ways believes that home-taping, even up/down-loading,
has always been a healthy, interactive promotional tool that remains
largely unexplored by the industry - reviled because it is so misunderstood.
Firstly, there is absolutely no way to ascertain
whether the people that are downloading music were ever going to
purchase those records - downloading may hurt sales projections,
but whether or not it hurts sales is a debatable and ultimately
unprovable argument. Many times you'll tape or burn something for
a friend and he/she will go out and buy that record - if they like
the music enough! So, rather than focus on its negative aspects,
should there indeed be any, Fading Ways has chosen to focus on the
The internet, and digital audio technology in
general, provide great promotional tools - relatively cheaply. People
themselves can be turned into great promoters, if they like what
they hear. We intend on putting the internet, and all its potential
new listeners, to good use by no longer using the old copyright
logo on our new release, opting instead for a Creative Commons license
that is loosely based on the concept of CopyLeft, which the software
industry became familiar with years ago.
What this means to our artists is that their fans,
and the fading ways street teams, will be able to promote and distribute
their songs without breaking the law. "SHARE" is the working
motto for the Fading Ways street teams for 2004. We plan to hit
concert line-ups and street shoppers (from Queen St. West to London's
Camden Market to Amsterdam) with free Fading Ways samplers to get
the music heard, to get it out there, while allowing the fans the
option to participate in its spread by giving them the legal right
to share it, distribute it, and support it. We are confident this
will lead, by year's end, to a dramatic increase in international
sales of our new releases as opposed to our prior Copyright titles.
The essence of this thinking, which I think many
people in larger labels are unwilling to accept, is that music in
the digital age is a commodity that will increasingly become a collector's
purchase. Disposable pop music will not endure without thousands
and thousands of dollars to push it onto consumers. What will endure
in the long-run are career artists whose fans (even if they download
certain tracks for free) will always go out and buy their favourite
artist's new record because they want it in their collection, complete
In a nutshell, Creative Commons licensing makes
perfect commercial sense for a growing indie label whose prime necessity
is to get its artists and music heard. Downloading is free advertising
for a new artist. From personal experience as well as fans' comments
on the issue, I am confident that we have in our roster the kind
of career artists that would benefit 100% from this approach, and
rather than lose sales, this tactic will create new fans and actually
improve world-wide sales of Fading Ways' music titles.
The issue of "royalties"
One common misconception about Creative Commons
licenses is that they eliminate royalty payments to artists. This
is not so. Radio play remains a commercial activity (they're in
the business of selling advertising) that, under the CC license,
still has to pay royalties for playing a Creative Commons song.
Similarly, mechanical licensing would still apply with the obvious
exception of the Canadian Private Copying levy. TV usage, commercial
film usage, and all other such uses remain unaffected by a CC license.
CC complements and clarifies Copyright. It does not take it away.
It may be useful in this analysis to separate
the concepts of Creative Commons "no-Derivs" and Creative
Commons "ShareAlike" licenses. In the no-Derivatives option
you are focusing on the nature of free distribution of your work,
allowing P2P and other fan-based sharing and advertising to become
legal again - it should never have become illegal if it wasn't for
the DMA Act of 1998 - a gross misappropriation of the concept of
Copyright - cultural terrorism!
When you chose the "ShareAlike" license,
you are not only allowing your work to be distributed by fans, but
you are allowing fellow musicians and DJ's to build upon your work.
This is a far larger step away from traditional Big Label music
than simple Creative Commons. Fading Ways plans to release its 2004
CDs under either CC license, depending on the individual artists'
Many major-label industry players refuse to understand
the essence of these CC licenses. Many are so entrenched and hell-bent
on safe-guarding their present business model, that they have become
blind to more positive alternatives. Maybe they are simply watching
out for their jobs, in the fear of getting fired - maybe they fear
the end of life as they know it. Regardless, Creative Commons is
not the enemy of the music industry.
Quite the opposite. Creative Commons is its salvation.
Cont'd (on to page 2)