1 00:00:08,600 --> 00:00:12,440 Speaker 1: Welcome, Welcome, Welcome back to the Bob Left That's Podcast. 2 00:00:12,920 --> 00:00:17,320 Speaker 1: My guest today is attorney done Passman, who literally wrote 3 00:00:17,320 --> 00:00:21,280 Speaker 1: the book on the music business. Don hey, Pop, thanks 4 00:00:21,280 --> 00:00:25,239 Speaker 1: for having me. Okay, now I can see you're in 5 00:00:25,280 --> 00:00:27,080 Speaker 1: your home, although it looks like you're in the oval 6 00:00:27,160 --> 00:00:30,760 Speaker 1: office here on the zoom screen. Uh, how has your 7 00:00:30,800 --> 00:00:35,080 Speaker 1: practice changed since you've been at home. Well, interestingly, I 8 00:00:35,120 --> 00:00:38,120 Speaker 1: can do what I do pretty seamlessly at home. Um, 9 00:00:38,240 --> 00:00:41,040 Speaker 1: we're set up with computers, I'm set up as zoom. 10 00:00:41,080 --> 00:00:43,919 Speaker 1: I'm set up with uh, you know, phones and so 11 00:00:44,000 --> 00:00:47,040 Speaker 1: forth and emails, and I can get an awful lot done. 12 00:00:47,080 --> 00:00:49,280 Speaker 1: I can access the files in the office. I can 13 00:00:49,880 --> 00:00:52,920 Speaker 1: I can take care of whatever it needs to be done. 14 00:00:53,200 --> 00:00:55,960 Speaker 1: It's changed in the sense that obviously there's no touring 15 00:00:56,400 --> 00:00:59,920 Speaker 1: because everything is shut down. It's changed what the artists 16 00:01:00,000 --> 00:01:03,360 Speaker 1: are doing in terms of what you just physically can 17 00:01:03,400 --> 00:01:05,959 Speaker 1: do in this environment. Um, things that I at least 18 00:01:05,959 --> 00:01:09,000 Speaker 1: wouldn't have intuitively thought about, Like, for example, you can't 19 00:01:09,000 --> 00:01:11,640 Speaker 1: make videos in this environment, so you can't do the 20 00:01:11,640 --> 00:01:14,399 Speaker 1: same kind of marketing. You can't do personal appearances, you 21 00:01:14,440 --> 00:01:16,280 Speaker 1: can't do a lot of things that you would normally 22 00:01:16,280 --> 00:01:19,000 Speaker 1: do to market and promote product. But other than that, 23 00:01:19,040 --> 00:01:22,600 Speaker 1: people can still record, albeit remotely, and people can still 24 00:01:22,920 --> 00:01:25,800 Speaker 1: make music, still write music, and uh, there's a lot 25 00:01:25,840 --> 00:01:29,560 Speaker 1: of deals going on. Okay, since so much of the 26 00:01:29,600 --> 00:01:33,520 Speaker 1: business is closed down, your particular business in work, is 27 00:01:33,520 --> 00:01:36,320 Speaker 1: it any slower or as busy as ever? No, it's 28 00:01:36,360 --> 00:01:39,600 Speaker 1: busy as ever. I was actually surprised by that and 29 00:01:39,720 --> 00:01:43,360 Speaker 1: maybe even a little disappointed. Maybe there'll be a slowdown, 30 00:01:43,400 --> 00:01:46,560 Speaker 1: but it's it's been extremely busy, and truthfully I like 31 00:01:46,640 --> 00:01:48,720 Speaker 1: that better. It makes the days go by. Okay, So 32 00:01:48,760 --> 00:01:51,040 Speaker 1: you said there are a bunch of deals in the offing. 33 00:01:51,080 --> 00:01:55,080 Speaker 1: What kind of deals? Um, you know, buying and selling 34 00:01:55,120 --> 00:01:59,440 Speaker 1: of catalogs for example, executive deals people are making, publishing 35 00:01:59,480 --> 00:02:04,320 Speaker 1: songwright deals. People are still making record deals, management deals, 36 00:02:04,680 --> 00:02:10,040 Speaker 1: you know, the sponsorship less so now perhaps, but still active. So. 37 00:02:10,280 --> 00:02:13,200 Speaker 1: And then there's of course the whole situation with people 38 00:02:13,240 --> 00:02:15,720 Speaker 1: who made deals during COVID that now aren't working that 39 00:02:15,800 --> 00:02:18,840 Speaker 1: we have to sort out. Okay, can you address that 40 00:02:19,000 --> 00:02:22,080 Speaker 1: about the deals that aren't working and whether insurance comes 41 00:02:22,080 --> 00:02:26,400 Speaker 1: in and how amenable people are two changes and adjusting. Well, 42 00:02:26,639 --> 00:02:30,240 Speaker 1: people are pretty amenable. I mean everybody recognizes this is 43 00:02:30,280 --> 00:02:35,400 Speaker 1: something nobody could have contemplated. Um, everybody's businesses is challenged 44 00:02:35,440 --> 00:02:40,000 Speaker 1: seriously and fundamentally, and I think for the most part, 45 00:02:40,040 --> 00:02:42,840 Speaker 1: everybody has a long term view, which is that you know, 46 00:02:42,919 --> 00:02:45,160 Speaker 1: we can't, we can't. I mean, just to pick an 47 00:02:45,160 --> 00:02:49,200 Speaker 1: example of tours, because it's the most obvious if everyone 48 00:02:49,240 --> 00:02:51,880 Speaker 1: got together and if they had the contractual right, which 49 00:02:51,880 --> 00:02:55,119 Speaker 1: not everyone does to get paid during COVID, but they 50 00:02:55,400 --> 00:02:58,320 Speaker 1: crushed the promoters for the you know, out of business 51 00:02:58,320 --> 00:03:01,640 Speaker 1: when they have no income coming. Nobody thinks that's the 52 00:03:01,720 --> 00:03:03,960 Speaker 1: right thing to do or the long term thing to do. 53 00:03:04,120 --> 00:03:07,119 Speaker 1: So things are getting rescheduled, people are working together, people 54 00:03:07,160 --> 00:03:11,120 Speaker 1: are taking discounts, people are deferring payments to the extent 55 00:03:11,200 --> 00:03:13,440 Speaker 1: they can, and and for the most part it's it's 56 00:03:13,480 --> 00:03:19,160 Speaker 1: worked out pretty amicably. Okay, Uh, Since you're doing these deals, 57 00:03:19,800 --> 00:03:23,680 Speaker 1: when are your promoters wanting to start again, whether that 58 00:03:23,800 --> 00:03:26,120 Speaker 1: happens or not. When are they trying to book for 59 00:03:27,440 --> 00:03:28,919 Speaker 1: you know, I'm not on the front line of that 60 00:03:28,960 --> 00:03:32,240 Speaker 1: because the agents are. But from the intel that I've gotten, 61 00:03:32,840 --> 00:03:37,360 Speaker 1: nobody thinks anything is going to happen before summer of uh. 62 00:03:37,400 --> 00:03:39,640 Speaker 1: And honestly, I think it could be more like the 63 00:03:39,680 --> 00:03:44,160 Speaker 1: fall or even in it will directly depend on how 64 00:03:44,240 --> 00:03:48,120 Speaker 1: quickly we have a medical breakthrough. Okay. The other thing is, 65 00:03:48,160 --> 00:03:52,280 Speaker 1: have you uh been involved any issues of insurance people 66 00:03:52,280 --> 00:03:55,480 Speaker 1: trying to claim whether companies are paying off whether you 67 00:03:55,520 --> 00:03:58,800 Speaker 1: can get this insurance at this time? I have not 68 00:03:59,240 --> 00:04:02,480 Speaker 1: recently been involved in that because nobody's putting up tours, 69 00:04:02,480 --> 00:04:05,760 Speaker 1: so we're not dealing with the insurance issues. There are 70 00:04:05,800 --> 00:04:12,360 Speaker 1: issues around whether insurance will cover it. It's very policy dependent. Okay, 71 00:04:12,440 --> 00:04:14,160 Speaker 1: let's you know, let's break down some of the things 72 00:04:14,200 --> 00:04:15,760 Speaker 1: you brought up. You said you're doing a lot of 73 00:04:15,760 --> 00:04:20,200 Speaker 1: publishing deals. Everyone knows on the inside hypnosis is raising 74 00:04:20,279 --> 00:04:24,880 Speaker 1: the value of catalogs. Uh. Do you think this is 75 00:04:25,040 --> 00:04:29,320 Speaker 1: causing the action in the buying and selling of publishing catalogs. 76 00:04:29,720 --> 00:04:32,400 Speaker 1: I think that's part of it. I think the other 77 00:04:32,480 --> 00:04:34,640 Speaker 1: part of it is that we're seeing a lot of 78 00:04:34,640 --> 00:04:38,800 Speaker 1: Wall Street money looking at publishing as a steady source 79 00:04:38,839 --> 00:04:43,240 Speaker 1: of income with potential upside and uh and Wall Street 80 00:04:43,279 --> 00:04:46,480 Speaker 1: like steady sources of income as an investment. So we're 81 00:04:46,480 --> 00:04:49,159 Speaker 1: seeing all kinds of new players come into the marketplace 82 00:04:49,560 --> 00:04:52,159 Speaker 1: that want to do this, and so there's not a 83 00:04:52,200 --> 00:04:55,240 Speaker 1: lot of inventory and a lot of hound snapping at 84 00:04:55,240 --> 00:04:57,360 Speaker 1: the door, and I think that's the reason we're seeing 85 00:04:57,440 --> 00:05:00,440 Speaker 1: such a surge in that. What kind of Wall Street 86 00:05:01,680 --> 00:05:05,200 Speaker 1: movement have you seen? Um? Well, I don't want to 87 00:05:05,200 --> 00:05:07,960 Speaker 1: get specific, but a number of investment firms or people 88 00:05:07,960 --> 00:05:11,800 Speaker 1: backed by investment type firms that are funds you know 89 00:05:11,920 --> 00:05:16,920 Speaker 1: that are that are you know venture capital type funds. Okay, 90 00:05:17,000 --> 00:05:22,719 Speaker 1: let's talk specifically about Hypnosis Merk's company. He wants to 91 00:05:22,880 --> 00:05:28,400 Speaker 1: own the publishing entirely, and he's paying a huge multiple. Obviously, 92 00:05:28,520 --> 00:05:31,760 Speaker 1: as an attorney, you listen to what your client wants. 93 00:05:32,240 --> 00:05:36,039 Speaker 1: But assuming the client didn't have opinion and opinion, what 94 00:05:36,080 --> 00:05:39,600 Speaker 1: would you say about selling all the rights? I generally 95 00:05:39,640 --> 00:05:44,400 Speaker 1: advise against it. Historically, everybody who has sold their song 96 00:05:44,560 --> 00:05:47,800 Speaker 1: has regretted it. If you look back through history to 97 00:05:47,880 --> 00:05:51,240 Speaker 1: pick an example, Uh, you know, led Zeppelin sold all 98 00:05:51,279 --> 00:05:54,960 Speaker 1: the royalties on their catalog for what was a good 99 00:05:55,000 --> 00:05:57,400 Speaker 1: deal amount of money at the time, but over history 100 00:05:57,440 --> 00:05:59,840 Speaker 1: proved to be not such a great deal. Same thing 101 00:05:59,839 --> 00:06:03,120 Speaker 1: with Elvis Preshley. The people that have sold off have 102 00:06:03,240 --> 00:06:07,159 Speaker 1: generally regretted it. People that sold songs, people that sold 103 00:06:07,200 --> 00:06:10,200 Speaker 1: publishing companies. You know have seen them go for bigger 104 00:06:10,279 --> 00:06:14,279 Speaker 1: multiples further down the road. UM. So my general bent 105 00:06:14,560 --> 00:06:16,680 Speaker 1: is there is a saying in the publishing business never 106 00:06:16,720 --> 00:06:19,839 Speaker 1: sell a song, and my general bent is against that. 107 00:06:20,680 --> 00:06:23,440 Speaker 1: On the other hand, there are a few specific circumstances 108 00:06:23,440 --> 00:06:27,000 Speaker 1: where it can make sense. There's some tax advantages to selling. 109 00:06:27,080 --> 00:06:30,479 Speaker 1: You can get capital gains rather than ordinary income for 110 00:06:30,560 --> 00:06:34,159 Speaker 1: the money that you get. If your need of money, uh, 111 00:06:34,720 --> 00:06:37,000 Speaker 1: you can sell it in that. But if you're if 112 00:06:37,040 --> 00:06:40,040 Speaker 1: you're able to hang onto it for one thing, tax wise, 113 00:06:40,279 --> 00:06:43,320 Speaker 1: once you die, you get what's called a stepped up basis, 114 00:06:43,560 --> 00:06:46,640 Speaker 1: which means that your errors will be able to sell 115 00:06:46,680 --> 00:06:49,320 Speaker 1: the catalog for the value at the time of death 116 00:06:49,320 --> 00:06:51,719 Speaker 1: and not pay any tax on the sale. Of course, 117 00:06:51,720 --> 00:06:53,480 Speaker 1: you're gonna pay a state tax on it if your 118 00:06:53,560 --> 00:06:56,599 Speaker 1: state's large enough. Um, but you wouldn't pay any income 119 00:06:56,760 --> 00:07:00,520 Speaker 1: tax on the sale at that point. And really I 120 00:07:00,640 --> 00:07:03,640 Speaker 1: like to u to keep it through the airs. Now, 121 00:07:03,920 --> 00:07:07,360 Speaker 1: having said that, in a situation where someone passed away 122 00:07:07,560 --> 00:07:09,840 Speaker 1: and the airs are squabbling with each other or they 123 00:07:09,840 --> 00:07:13,560 Speaker 1: can't it's too cumbersome to get everybody to agree to 124 00:07:13,680 --> 00:07:18,840 Speaker 1: license a song or someone. You know, different situations, it 125 00:07:18,880 --> 00:07:21,280 Speaker 1: does make sense to sell. And by the way, someone 126 00:07:21,400 --> 00:07:25,280 Speaker 1: who is sophisticated and not going to just squander the money, 127 00:07:25,520 --> 00:07:27,360 Speaker 1: who wants to sell it and thinks they can make 128 00:07:27,400 --> 00:07:30,080 Speaker 1: a better return than they're publishing is giving them by 129 00:07:30,120 --> 00:07:32,960 Speaker 1: putting it into different kinds of investments, that can make 130 00:07:33,000 --> 00:07:36,320 Speaker 1: sense too. But that's rare, and my general band is 131 00:07:36,400 --> 00:07:38,760 Speaker 1: don't do it. But obviously I have people who want 132 00:07:38,800 --> 00:07:41,000 Speaker 1: to do it, and and we we've certainly done a 133 00:07:41,040 --> 00:07:44,840 Speaker 1: lot of it. Okay, what about some of your clients 134 00:07:44,960 --> 00:07:47,320 Speaker 1: or people you might be aware of who are cash 135 00:07:47,440 --> 00:07:51,840 Speaker 1: poor and make most of their money for touring. Uh, 136 00:07:51,880 --> 00:07:54,640 Speaker 1: if we're down for another up to eighteen months, what 137 00:07:54,800 --> 00:07:58,920 Speaker 1: options do these people have for income? Yeah, that's that's 138 00:07:58,920 --> 00:08:01,120 Speaker 1: a good question. I mean it depends, of course on 139 00:08:01,160 --> 00:08:04,960 Speaker 1: who they are. If they have good songwriting or record income, 140 00:08:05,080 --> 00:08:09,320 Speaker 1: that's where it's going to come from. Possibly there's an endorsement. Uh, 141 00:08:09,400 --> 00:08:12,600 Speaker 1: you know some of them have. There's been this situation 142 00:08:12,640 --> 00:08:15,040 Speaker 1: which I haven't had highans involved in, but I've I've 143 00:08:15,040 --> 00:08:18,480 Speaker 1: heard about tangentially where people are you know, getting tips 144 00:08:18,600 --> 00:08:21,160 Speaker 1: or trying to you know, some pay per view, although 145 00:08:21,200 --> 00:08:23,960 Speaker 1: a lot of that's for charity. That generates some amount 146 00:08:24,000 --> 00:08:28,360 Speaker 1: of money, but nothing like touring would. But generally it's tough. 147 00:08:28,440 --> 00:08:31,240 Speaker 1: I mean, if you don't have income from other sources, 148 00:08:31,320 --> 00:08:34,360 Speaker 1: it's going to be a rough period of time. Okay, 149 00:08:34,440 --> 00:08:38,400 Speaker 1: talking about income in the future. There are cases where 150 00:08:38,400 --> 00:08:41,240 Speaker 1: people have an interest in a record. A well known 151 00:08:41,320 --> 00:08:44,800 Speaker 1: cases Todd Rundgren produced Bad Out of Hell of the 152 00:08:44,840 --> 00:08:48,120 Speaker 1: meat Loaf record. Now, in his particular case, he sold 153 00:08:48,120 --> 00:08:50,080 Speaker 1: all the royalties. I could go down that path. I 154 00:08:50,120 --> 00:08:53,760 Speaker 1: know more about it. But there are people who sold 155 00:08:53,840 --> 00:08:58,560 Speaker 1: royalties in records because they say it's very difficult to collect. 156 00:08:58,679 --> 00:09:01,960 Speaker 1: Is the years go by and never never mind collect 157 00:09:01,960 --> 00:09:04,400 Speaker 1: a hundred cents on the dollar. What do you think 158 00:09:04,440 --> 00:09:07,800 Speaker 1: about that whole situation. I'm not clear why they think 159 00:09:07,800 --> 00:09:11,400 Speaker 1: it would be difficult to collect. I know a number 160 00:09:11,400 --> 00:09:15,960 Speaker 1: of cases where the new regimes come in, Uh they 161 00:09:16,000 --> 00:09:19,080 Speaker 1: people work gets screwed up. The new people say they're 162 00:09:19,120 --> 00:09:21,960 Speaker 1: not owed the money, and especially someone who needs the 163 00:09:22,040 --> 00:09:25,720 Speaker 1: money has a very hard time going through the process 164 00:09:26,040 --> 00:09:29,439 Speaker 1: and then ultimately even lawsuits in order to collect what 165 00:09:29,480 --> 00:09:32,440 Speaker 1: they deserve. As I say, if you haven't experience that, 166 00:09:33,920 --> 00:09:36,360 Speaker 1: I've not experienced it, but I don't doubt it happens. 167 00:09:36,720 --> 00:09:39,079 Speaker 1: Uh you know, and if it's not for a lot 168 00:09:39,120 --> 00:09:41,320 Speaker 1: of money, it's not going to be worthwhile to file 169 00:09:41,360 --> 00:09:44,440 Speaker 1: the litigation. As I say, there may be situations where 170 00:09:44,440 --> 00:09:47,360 Speaker 1: selling makes sense. You don't get capital gains on an 171 00:09:47,360 --> 00:09:50,719 Speaker 1: income stream. By the way, if you're a producer getting royalties, 172 00:09:50,760 --> 00:09:53,240 Speaker 1: you can't sell it for capital gains. You can only 173 00:09:53,280 --> 00:09:56,359 Speaker 1: sell capital gains for an asset, which would be a copyright. 174 00:09:56,679 --> 00:09:58,559 Speaker 1: In fact, if you don't own the copyright and you're 175 00:09:58,600 --> 00:10:01,400 Speaker 1: only selling your stream as a writer, you don't get 176 00:10:01,480 --> 00:10:04,400 Speaker 1: capital games for that either. So there's no particular tax 177 00:10:04,440 --> 00:10:08,160 Speaker 1: advantage to that. It's just a question of uh. And 178 00:10:08,280 --> 00:10:11,080 Speaker 1: if you want to do a cold financial analysis, how 179 00:10:11,160 --> 00:10:13,080 Speaker 1: much money will they give me? Now? What can I 180 00:10:13,120 --> 00:10:16,040 Speaker 1: earn on that money? Uh? Am? I better off doing 181 00:10:16,080 --> 00:10:18,640 Speaker 1: that than keeping it and getting the income as it 182 00:10:18,679 --> 00:10:22,600 Speaker 1: comes in. You're certainly hedging against it going down over time, 183 00:10:22,880 --> 00:10:25,440 Speaker 1: but you're also losing the benefit if it goes up 184 00:10:25,440 --> 00:10:30,520 Speaker 1: over time. So these are very fact specific situations and 185 00:10:30,679 --> 00:10:32,640 Speaker 1: you have to analyze it based on who they are 186 00:10:32,640 --> 00:10:36,160 Speaker 1: and what their needs are. Generally speaking, the people who 187 00:10:36,200 --> 00:10:39,480 Speaker 1: make all this money, who are performers, are not that 188 00:10:39,840 --> 00:10:42,920 Speaker 1: good at business. So to what degree if someone does 189 00:10:42,960 --> 00:10:45,360 Speaker 1: get a lump sum, do you advise them what to 190 00:10:45,440 --> 00:10:50,600 Speaker 1: do with the money? Well, I don't advise on financial matters. 191 00:10:50,679 --> 00:10:53,880 Speaker 1: It's not my expertise, and I try to stay in 192 00:10:53,920 --> 00:10:57,520 Speaker 1: the lane that I know best and not not get 193 00:10:57,559 --> 00:11:01,840 Speaker 1: out of it. Uh, the financial it depends. I mean, 194 00:11:01,920 --> 00:11:04,560 Speaker 1: some artists don't know much about business, but they have 195 00:11:04,640 --> 00:11:07,520 Speaker 1: smart people around them and they listen to them. And 196 00:11:07,640 --> 00:11:09,720 Speaker 1: if those people know what they're doing and think it 197 00:11:09,800 --> 00:11:12,400 Speaker 1: makes sense on a financial basis, and you're not going 198 00:11:12,400 --> 00:11:14,679 Speaker 1: to run out and you know by jets and yachts 199 00:11:14,679 --> 00:11:18,120 Speaker 1: with the proceeds um, then it might make some sense 200 00:11:18,200 --> 00:11:22,240 Speaker 1: to do it. But it's very very fact dependent. Okay, 201 00:11:22,400 --> 00:11:26,280 Speaker 1: let's go back to the royalty situation. You make a deal, 202 00:11:26,559 --> 00:11:28,800 Speaker 1: and let's just assume for the sake of discussion, the 203 00:11:28,840 --> 00:11:32,920 Speaker 1: act actually goes into profits into royalties. What has been 204 00:11:32,960 --> 00:11:36,160 Speaker 1: your experience with those acts getting paid and getting what 205 00:11:36,240 --> 00:11:40,839 Speaker 1: they deserve? Giving the example of UH high price, attorneys 206 00:11:40,880 --> 00:11:44,720 Speaker 1: like yourself negotiate the deals, but frequently the people who 207 00:11:44,720 --> 00:11:48,120 Speaker 1: are doing the splits or someone uneducated in the back room. 208 00:11:48,640 --> 00:11:51,160 Speaker 1: So to what degree if you experienced a problem here 209 00:11:51,160 --> 00:11:55,000 Speaker 1: and if you could address that. Sure. Uh, it's gotten 210 00:11:55,080 --> 00:11:57,520 Speaker 1: much better over the time I've been practicing law. It 211 00:11:57,640 --> 00:12:00,680 Speaker 1: used to be that things were very a sloppy and 212 00:12:00,840 --> 00:12:03,560 Speaker 1: very difficult. And that was also in the days when 213 00:12:03,600 --> 00:12:08,040 Speaker 1: royalties were computed with this incredibly complex formula which basically 214 00:12:08,640 --> 00:12:11,080 Speaker 1: was the answer to how can I give the artist 215 00:12:11,160 --> 00:12:13,520 Speaker 1: a high royalty rate and pay them as little as possible? 216 00:12:13,840 --> 00:12:17,200 Speaker 1: And they go through all these complicated matching nations, and 217 00:12:17,679 --> 00:12:20,559 Speaker 1: you know, starting maybe eight or ten years ago, they 218 00:12:20,600 --> 00:12:22,960 Speaker 1: simplified it down to you get a percentage of what 219 00:12:23,080 --> 00:12:26,160 Speaker 1: we get. So and the major labels I find are 220 00:12:26,200 --> 00:12:30,440 Speaker 1: pretty straightforward, and the major publishers pretty straightforward because we 221 00:12:30,480 --> 00:12:33,439 Speaker 1: audit them regularly to check and you know, we find 222 00:12:33,480 --> 00:12:38,040 Speaker 1: something or sometimes there's a contractual dispute. Sometimes they're honest mistakes. 223 00:12:38,320 --> 00:12:40,840 Speaker 1: But for the most part, they're pretty straightforward. And the 224 00:12:40,920 --> 00:12:43,559 Speaker 1: size of the audits compared to the old days when 225 00:12:43,559 --> 00:12:47,080 Speaker 1: the companies played games are I find, are much smaller. 226 00:12:47,320 --> 00:12:51,480 Speaker 1: There's still significant money and there's still things to argue about, um, 227 00:12:51,559 --> 00:12:54,200 Speaker 1: but but for the most part, I think they try 228 00:12:54,320 --> 00:12:57,200 Speaker 1: pretty well. When you get an independent labels, it can 229 00:12:57,240 --> 00:13:00,400 Speaker 1: be a different story. It just depends on how sophisticicated 230 00:13:00,400 --> 00:13:04,359 Speaker 1: their back room is, or whether they've got somebody doing it. Um. 231 00:13:04,400 --> 00:13:08,240 Speaker 1: You know, I don't find as many people intentionally playing 232 00:13:08,280 --> 00:13:12,200 Speaker 1: games as we used to, but I do find honest mistakes. 233 00:13:12,240 --> 00:13:14,200 Speaker 1: And you know, some of the smaller labels can just 234 00:13:14,360 --> 00:13:19,000 Speaker 1: be sloppy or maybe have cash flow issues going back 235 00:13:19,040 --> 00:13:23,439 Speaker 1: to the majors. So forget forgetting someone who's an Internet 236 00:13:23,480 --> 00:13:28,840 Speaker 1: phenomenon like Little Nasax. If you're an act and the 237 00:13:28,960 --> 00:13:33,400 Speaker 1: label wants you and there's no bidding war, all you're 238 00:13:33,400 --> 00:13:37,560 Speaker 1: saying almost all of the deals or a percentage of net, Well, 239 00:13:37,800 --> 00:13:40,440 Speaker 1: they're not a percentage of net directly, they're a percentage 240 00:13:40,480 --> 00:13:44,240 Speaker 1: of the labels receipts. They're closer to a percentage of gross, 241 00:13:44,280 --> 00:13:47,600 Speaker 1: although there's issues around what gross means, particularly when you 242 00:13:47,640 --> 00:13:51,120 Speaker 1: come to foreign territories. But it's a percentage of what 243 00:13:51,160 --> 00:13:54,880 Speaker 1: the label receives. Correct. Okay, so let's just talk about 244 00:13:54,880 --> 00:13:58,200 Speaker 1: domestic money. We sign with one of the three major labels. 245 00:13:58,640 --> 00:14:02,760 Speaker 1: What would be the rain of percentage that you would 246 00:14:02,760 --> 00:14:05,560 Speaker 1: make a deal for both an established act and a 247 00:14:05,679 --> 00:14:09,240 Speaker 1: developing act. Yeah, developing act would probably be in the 248 00:14:09,360 --> 00:14:14,200 Speaker 1: fifteen to eighteen to twenty percent range, depending on bargaining 249 00:14:14,240 --> 00:14:17,959 Speaker 1: power UH an established act, and sometimes you can get 250 00:14:17,960 --> 00:14:21,040 Speaker 1: a little bit more on streaming. UH. An established act 251 00:14:21,360 --> 00:14:24,400 Speaker 1: could be in the twenties, and again with a bit 252 00:14:24,440 --> 00:14:27,680 Speaker 1: more on streaming. When you're getting into really superstar ranges, 253 00:14:27,760 --> 00:14:29,840 Speaker 1: you can get into all kinds of different things like 254 00:14:30,120 --> 00:14:32,880 Speaker 1: shares of profits. And indeed, some of the new artists 255 00:14:32,880 --> 00:14:35,480 Speaker 1: that are hot with bidding wars can get you a 256 00:14:35,520 --> 00:14:39,280 Speaker 1: share of profits and distribution type deal where they own 257 00:14:39,320 --> 00:14:42,080 Speaker 1: the masters and they just allow the company to distribute 258 00:14:42,080 --> 00:14:44,640 Speaker 1: it for a period of time. Uh. And you know 259 00:14:44,760 --> 00:14:48,200 Speaker 1: all kinds of things in between. So let's just assume 260 00:14:48,240 --> 00:14:51,240 Speaker 1: I have for the second numbers, I have deal. What 261 00:14:51,320 --> 00:14:55,480 Speaker 1: would be taken out of the gross Traditionally, well, under 262 00:14:55,520 --> 00:14:59,200 Speaker 1: today's formula nothing. Uh, it would just be of the 263 00:14:59,200 --> 00:15:02,680 Speaker 1: company's gross. And in the United States, that's pretty straightforward. 264 00:15:02,720 --> 00:15:05,120 Speaker 1: I mean, it's what they would uh. It's what they 265 00:15:05,160 --> 00:15:06,880 Speaker 1: would get for a c D, what they would get 266 00:15:06,920 --> 00:15:09,400 Speaker 1: for a download, what they would get for a stream. UH. 267 00:15:09,440 --> 00:15:14,480 Speaker 1: Synchronization licenses or generally meaning the right to use this 268 00:15:14,680 --> 00:15:16,200 Speaker 1: song and a film, or the right to use a 269 00:15:16,240 --> 00:15:19,240 Speaker 1: song and a commercial. UH. That's that's a different split. 270 00:15:20,040 --> 00:15:23,400 Speaker 1: When you get the foreign percentages. Uh, you know that 271 00:15:23,400 --> 00:15:26,160 Speaker 1: that's when it's a bit more in the the gamesmanship 272 00:15:26,320 --> 00:15:30,280 Speaker 1: on the on downloads and cd s, it's pretty straightforward 273 00:15:30,320 --> 00:15:33,200 Speaker 1: about what the their affiliates going to get. But when 274 00:15:33,200 --> 00:15:36,240 Speaker 1: you get the streaming, sometimes the companies will take a 275 00:15:36,360 --> 00:15:40,320 Speaker 1: percentage in France, for example, before they send the money 276 00:15:40,320 --> 00:15:42,000 Speaker 1: back to the US, and then you only get the 277 00:15:42,000 --> 00:15:44,560 Speaker 1: percentage of the US. So one of the things we 278 00:15:44,600 --> 00:15:46,640 Speaker 1: asked for in streaming deals now is that they have 279 00:15:46,720 --> 00:15:50,000 Speaker 1: to be at source, and the words at source mean 280 00:15:50,160 --> 00:15:52,680 Speaker 1: that that's where the money is generated. So if it's 281 00:15:52,720 --> 00:15:55,360 Speaker 1: French money, it's it's in France. If it's German money, 282 00:15:55,400 --> 00:15:58,480 Speaker 1: it's in Germany without any deductions before it gets back 283 00:15:58,640 --> 00:16:02,560 Speaker 1: to the US and the company pays it to the artists. Now, 284 00:16:02,600 --> 00:16:05,520 Speaker 1: in this particular case, unlike in decades past or certainly 285 00:16:05,520 --> 00:16:11,240 Speaker 1: prior to nineteen seventy, where these companies own their worldwide outlets, 286 00:16:11,240 --> 00:16:14,640 Speaker 1: they're not licensing to a third party. Is the reduction 287 00:16:15,080 --> 00:16:18,160 Speaker 1: for foreign moneys just a negotiating ploy or do they 288 00:16:18,200 --> 00:16:21,720 Speaker 1: give some kind of rationalization or they give a rationalization 289 00:16:21,800 --> 00:16:25,960 Speaker 1: that the local company has marketing expenses and that they're 290 00:16:25,960 --> 00:16:28,560 Speaker 1: putting actually effort and money into it and so forth. 291 00:16:28,600 --> 00:16:31,000 Speaker 1: But the reality is is that if you have enough cloud, 292 00:16:31,080 --> 00:16:33,200 Speaker 1: you can get your money its source. Maybe a lower 293 00:16:33,240 --> 00:16:36,760 Speaker 1: royalty for them, but you can get it as source. Okay, 294 00:16:36,880 --> 00:16:40,720 Speaker 1: let's pull back the lens because we've talked previously that 295 00:16:41,320 --> 00:16:43,200 Speaker 1: you know, used to be a lot of your time 296 00:16:43,200 --> 00:16:46,960 Speaker 1: was spent negotiating record deals, but it shifted to a 297 00:16:47,000 --> 00:16:50,920 Speaker 1: great degree to live business. Can you comment on that please? Yeah, 298 00:16:51,720 --> 00:16:55,000 Speaker 1: I mean in terms of our personal time, you know, 299 00:16:55,120 --> 00:16:57,400 Speaker 1: we will as more and more of these deals are 300 00:16:57,440 --> 00:17:00,160 Speaker 1: done with one single promoter will do it in some 301 00:17:00,320 --> 00:17:03,160 Speaker 1: ount of work on that promoter deal. But we also 302 00:17:03,320 --> 00:17:06,920 Speaker 1: tours are very labor intensive. Tours require contracts for things 303 00:17:06,960 --> 00:17:10,200 Speaker 1: you don't normally think about, like, uh, somebody to build 304 00:17:10,200 --> 00:17:14,639 Speaker 1: the stage, the trucks, the buses, the crew, the band, 305 00:17:15,320 --> 00:17:17,800 Speaker 1: the dancers. I mean, there are all kinds of things 306 00:17:17,840 --> 00:17:22,160 Speaker 1: that go into it, insurance issues. So tours are actually 307 00:17:22,520 --> 00:17:24,840 Speaker 1: quite a bit of work. Um. But you know, I 308 00:17:24,880 --> 00:17:27,639 Speaker 1: wouldn't want to say that it shifted the majority of 309 00:17:27,680 --> 00:17:30,080 Speaker 1: what we do. I just say it's just a big 310 00:17:30,119 --> 00:17:34,320 Speaker 1: part of it. Okay. Uh, So let's assume I make 311 00:17:34,320 --> 00:17:39,040 Speaker 1: an overall deal with live nation or concerts West. You 312 00:17:39,080 --> 00:17:43,960 Speaker 1: mentioned all those things. Those are the responsibility of the act. 313 00:17:44,000 --> 00:17:46,000 Speaker 1: Where does the line between the responsibility the act and 314 00:17:46,000 --> 00:17:49,800 Speaker 1: the promoter lay for life? I'm not sure what you 315 00:17:49,840 --> 00:17:55,000 Speaker 1: mean by responsibility. Okay, you're talking about hiring people, insurance, etcetera. Okay, No, No, 316 00:17:55,160 --> 00:17:57,760 Speaker 1: the act, the act does all of that that. The 317 00:17:57,840 --> 00:18:01,399 Speaker 1: promoters deal is just simply we're gonna pay you X 318 00:18:01,440 --> 00:18:04,480 Speaker 1: to show up and do y concerts. I mean, there's 319 00:18:04,480 --> 00:18:06,359 Speaker 1: a lot more to it than that, obviously, but that's 320 00:18:06,640 --> 00:18:10,160 Speaker 1: that's the essence of what the contract is. Uh. Every Then, 321 00:18:10,320 --> 00:18:13,280 Speaker 1: the act is responsible for delivering the show. So they're 322 00:18:13,359 --> 00:18:17,639 Speaker 1: hiring the band, they're hiring the the crew, they're hiring 323 00:18:17,680 --> 00:18:21,719 Speaker 1: the buses, they're hiring the trucks. Okay, and let's just 324 00:18:21,880 --> 00:18:25,960 Speaker 1: assume the venue is not owned by the promoter and 325 00:18:26,080 --> 00:18:28,639 Speaker 1: there is an accident, I would assume the act gets 326 00:18:28,640 --> 00:18:31,480 Speaker 1: sued in addition to the promoter. Yeah, there's an age 327 00:18:31,560 --> 00:18:33,480 Speaker 1: I legal theory. If you're going to throw a party, 328 00:18:33,520 --> 00:18:37,399 Speaker 1: you invite everybody, So anybody who is anywhere near what 329 00:18:37,560 --> 00:18:47,280 Speaker 1: happened is going to be sued along with it. Okay, Now, 330 00:18:47,760 --> 00:18:49,840 Speaker 1: you know, let's talk about a superstar act might go 331 00:18:49,880 --> 00:18:54,320 Speaker 1: out with twenty trucks, uh, crew of dozens, etcetera. To 332 00:18:54,480 --> 00:18:57,639 Speaker 1: what degree are you involved in the micro management? What 333 00:18:57,680 --> 00:19:00,720 Speaker 1: I mean by that is someone gets five A or 334 00:19:00,800 --> 00:19:04,000 Speaker 1: a a roadie gets, you know, their ankle broken. Do 335 00:19:04,080 --> 00:19:06,639 Speaker 1: they call the attorney or their layers before it gets 336 00:19:06,680 --> 00:19:10,200 Speaker 1: to you? Um? Both? I mean, yes, there's layers before 337 00:19:10,200 --> 00:19:12,440 Speaker 1: it get to us. But anybody being fired or any 338 00:19:12,520 --> 00:19:15,080 Speaker 1: kind of injury or insurance issue, we're going to be 339 00:19:15,119 --> 00:19:18,720 Speaker 1: involved in it as well. Okay, And let's just talk 340 00:19:18,760 --> 00:19:22,520 Speaker 1: an overall deal with one of those international promoters. Who 341 00:19:22,680 --> 00:19:27,400 Speaker 1: ultimately comes up with the price and who does the negotiation? Um, 342 00:19:27,560 --> 00:19:30,479 Speaker 1: Usually it's the agent that does the negotiation of the 343 00:19:30,480 --> 00:19:35,520 Speaker 1: major terms, uh and the prices you know a marketplace mitting. 344 00:19:36,240 --> 00:19:38,240 Speaker 1: You know, they'll look at their history, they'll project what 345 00:19:38,280 --> 00:19:40,720 Speaker 1: they think they can do, they'll figure out a percentage 346 00:19:40,720 --> 00:19:42,919 Speaker 1: of it, they'll want to guarantee of a certain amount 347 00:19:42,920 --> 00:19:47,119 Speaker 1: of it. And it's just part of the back and forth. Okay. Now, 348 00:19:49,160 --> 00:19:52,760 Speaker 1: a certain number of superstar is don't have an agent 349 00:19:52,840 --> 00:19:55,320 Speaker 1: at all. Do you see what do you see the 350 00:19:55,359 --> 00:19:58,560 Speaker 1: future of the agency business being? Well, I think the 351 00:19:58,600 --> 00:20:01,439 Speaker 1: agencies bring value. I'm mean, I think they have a 352 00:20:01,560 --> 00:20:04,800 Speaker 1: lot of knowledge that even I mean, there's a few 353 00:20:04,800 --> 00:20:08,679 Speaker 1: managers that are perfectly capable of doing everything, but for 354 00:20:08,720 --> 00:20:11,480 Speaker 1: the most part, the agents have a depth of knowledge 355 00:20:11,520 --> 00:20:15,480 Speaker 1: and relationships and knowledge of other deals, knowledge of routing, 356 00:20:15,560 --> 00:20:18,760 Speaker 1: knowledge of UH you know, what the marketplace is like 357 00:20:18,840 --> 00:20:22,080 Speaker 1: in different places that I think makes invaluable and particularly 358 00:20:22,080 --> 00:20:24,840 Speaker 1: for managers without that expertise, I think they're an important 359 00:20:24,880 --> 00:20:27,520 Speaker 1: part of the team. Okay, let's talk because you're on 360 00:20:27,560 --> 00:20:31,639 Speaker 1: the artist team. Uh. In the old days, everybody paid 361 00:20:31,680 --> 00:20:35,040 Speaker 1: ten percent, but a very successful artist usually does not 362 00:20:35,240 --> 00:20:37,960 Speaker 1: pay his agent ten percent. What is your experience there 363 00:20:37,960 --> 00:20:42,040 Speaker 1: and what's the negotiation like. Well, if you're bringing in, 364 00:20:42,200 --> 00:20:45,000 Speaker 1: you know, a tour that's you know, a hundred million 365 00:20:45,040 --> 00:20:47,760 Speaker 1: dollars there, it's unlikely they're going to pay ten percent 366 00:20:47,840 --> 00:20:52,679 Speaker 1: for it. But it's negotiated very specifically in each instance. Uh, 367 00:20:52,720 --> 00:20:54,720 Speaker 1: you know, it can be a very low percentage. It 368 00:20:54,800 --> 00:20:57,800 Speaker 1: can even in a few cases not so much anymore, 369 00:20:57,880 --> 00:21:01,200 Speaker 1: be a flat fee. Oh kay. In the old day, 370 00:21:01,400 --> 00:21:07,199 Speaker 1: certainly prior to there were six major UH international companies 371 00:21:07,280 --> 00:21:12,040 Speaker 1: in some very large independence distributed by them. So in 372 00:21:12,160 --> 00:21:15,080 Speaker 1: terms of getting record deals, how is the landscape change 373 00:21:15,119 --> 00:21:18,280 Speaker 1: as a results of consolidation in the Internet. In terms 374 00:21:18,320 --> 00:21:22,640 Speaker 1: of record deals, well, there are less buyers for obvious reasons. 375 00:21:22,680 --> 00:21:24,639 Speaker 1: I mean there are now you know, a number of 376 00:21:24,680 --> 00:21:27,879 Speaker 1: independents that are also in the marketplace, but in terms 377 00:21:27,880 --> 00:21:31,480 Speaker 1: of majors, there are only three. Uh. And they don't 378 00:21:32,000 --> 00:21:35,080 Speaker 1: let their labels compete against each other. So if two 379 00:21:35,240 --> 00:21:39,080 Speaker 1: labels owned by the same major are both wanting the artists, 380 00:21:39,119 --> 00:21:41,960 Speaker 1: they will negotiate jointly, or the artists will nick a 381 00:21:42,040 --> 00:21:45,320 Speaker 1: Laine before they do that because they won't outbid each other. Um. 382 00:21:45,359 --> 00:21:47,879 Speaker 1: But you know, as long as you get two horses 383 00:21:47,920 --> 00:21:51,640 Speaker 1: in the race, you can still have a spirited bidding. Warm. Now, 384 00:21:51,680 --> 00:21:55,800 Speaker 1: in the old days, attorneys were conduits for talent. To 385 00:21:55,840 --> 00:22:00,600 Speaker 1: what degree is that still the game? Um? I think 386 00:22:00,640 --> 00:22:03,240 Speaker 1: it's just still the game to some degree. I mean, 387 00:22:04,000 --> 00:22:07,000 Speaker 1: you know, the attorneys have more knowledge than others because 388 00:22:07,040 --> 00:22:10,200 Speaker 1: we can have more clients. Uh. You know, agents may 389 00:22:10,200 --> 00:22:12,679 Speaker 1: have more clients, but they're in a one lane. In 390 00:22:12,800 --> 00:22:16,840 Speaker 1: terms of overall understanding of the industry. Managers can't have 391 00:22:16,960 --> 00:22:19,679 Speaker 1: as many clients. Some of the big companies obviously do, 392 00:22:19,800 --> 00:22:23,120 Speaker 1: but I'm saying individual managers can't and lawyers are much 393 00:22:23,160 --> 00:22:25,840 Speaker 1: less of a time commitment, so we have more clients 394 00:22:25,840 --> 00:22:28,040 Speaker 1: and we see a lot of deals. So we have 395 00:22:28,160 --> 00:22:30,639 Speaker 1: quite a bit of quite a bit of knowledge, and 396 00:22:30,680 --> 00:22:33,680 Speaker 1: we have relationships with with people as well. So when 397 00:22:33,720 --> 00:22:36,280 Speaker 1: someone you know needs to be connected or needs something done, 398 00:22:36,359 --> 00:22:39,760 Speaker 1: we're in a position to do it. Okay, to what 399 00:22:39,880 --> 00:22:43,119 Speaker 1: did we? Are people knocking on your door wanting to 400 00:22:43,280 --> 00:22:47,800 Speaker 1: hire you to make a record deal? Um? If you 401 00:22:47,880 --> 00:22:51,360 Speaker 1: are you talking about new people in the business or yes? Yes, Oh, 402 00:22:51,440 --> 00:22:53,080 Speaker 1: I get a fair amount of that because of my 403 00:22:53,119 --> 00:22:55,040 Speaker 1: book All you need to know about the music business. 404 00:22:55,160 --> 00:22:59,080 Speaker 1: I get people calling me and while I did that 405 00:22:59,119 --> 00:23:01,280 Speaker 1: when I was young and starting out, I don't do 406 00:23:01,320 --> 00:23:04,600 Speaker 1: that anymore. But I have a list of lawyers that 407 00:23:04,920 --> 00:23:06,919 Speaker 1: very much like to do that if they like the music, 408 00:23:06,960 --> 00:23:10,679 Speaker 1: and I give them referrals. So generally speaking, if you 409 00:23:10,720 --> 00:23:14,919 Speaker 1: don't know someone, you refer it out. Yes, And I 410 00:23:15,000 --> 00:23:18,080 Speaker 1: referred out if I don't have expertise, because I think 411 00:23:18,080 --> 00:23:21,080 Speaker 1: it's important to be clear about where my strengths are 412 00:23:21,119 --> 00:23:23,800 Speaker 1: and clear about where my weaknesses are. So if I 413 00:23:23,800 --> 00:23:26,359 Speaker 1: if it's an area I don't completely understand, I'll make 414 00:23:26,359 --> 00:23:29,399 Speaker 1: sure the client gets involved with someone who does and 415 00:23:29,680 --> 00:23:32,840 Speaker 1: what would you deep your areas of expertise in areas 416 00:23:32,880 --> 00:23:35,520 Speaker 1: where you have less knowledge. Oh, it would be I 417 00:23:35,560 --> 00:23:38,360 Speaker 1: mean to pick an easy example, something like criminal law. 418 00:23:38,440 --> 00:23:40,560 Speaker 1: But it can also be I started life as a 419 00:23:40,600 --> 00:23:44,440 Speaker 1: tax lawyer, but my tax expertise is very rusty. Uh, 420 00:23:44,480 --> 00:23:48,560 Speaker 1: and so I'll bring in a tax specialist. Sometimes we 421 00:23:48,640 --> 00:23:51,639 Speaker 1: need help with some corporate issues if it's an extremely 422 00:23:51,680 --> 00:23:56,560 Speaker 1: complicated transaction. Um, you know people that want to rent 423 00:23:57,119 --> 00:24:01,000 Speaker 1: charter planes. That's especially that I and have expertise and 424 00:24:01,080 --> 00:24:03,960 Speaker 1: things like that. Okay, So let's assume you have a 425 00:24:04,040 --> 00:24:07,600 Speaker 1: relationship with someone a manager you've done business before, and 426 00:24:07,640 --> 00:24:10,240 Speaker 1: they say they want to represent the act to what 427 00:24:10,280 --> 00:24:12,199 Speaker 1: did you to represent the act? To what degree do 428 00:24:12,240 --> 00:24:16,639 Speaker 1: you make a judgment based on the qualitability, quality, or 429 00:24:16,640 --> 00:24:20,600 Speaker 1: saleability of the material? Oh? I have terrible ears. Um, 430 00:24:20,680 --> 00:24:23,160 Speaker 1: if I like something that's not usually a good sign 431 00:24:24,119 --> 00:24:26,280 Speaker 1: and my track rigor don that isn't terrific. I have 432 00:24:26,320 --> 00:24:30,080 Speaker 1: a couple of partners Jean Solomon, Ethan Schiffer's who haven't 433 00:24:30,080 --> 00:24:33,280 Speaker 1: had very good years, very good ears, and so I 434 00:24:33,640 --> 00:24:37,159 Speaker 1: rely on them. But primarily I rely on who the 435 00:24:37,160 --> 00:24:40,360 Speaker 1: manager is, who's the team is around him? If there's 436 00:24:40,400 --> 00:24:43,040 Speaker 1: someone at the label that I respect was interested in them, 437 00:24:43,280 --> 00:24:47,479 Speaker 1: So I don't make the independent judgment myself. Okay, at 438 00:24:47,560 --> 00:24:50,440 Speaker 1: what stage does it tend to come to you? Does 439 00:24:50,480 --> 00:24:53,359 Speaker 1: a manager say I have a new act, I haven't 440 00:24:53,359 --> 00:24:56,720 Speaker 1: talked to the labels, don helped me out, or I've 441 00:24:56,760 --> 00:24:58,840 Speaker 1: already talked to some labels. Now I want you to 442 00:24:58,880 --> 00:25:00,920 Speaker 1: come in when you come into the process, I'm sure 443 00:25:01,040 --> 00:25:05,199 Speaker 1: there are million examples of everything, but generally speaking, yeah, well, 444 00:25:05,240 --> 00:25:09,240 Speaker 1: at this stage, I tend to take more established artists 445 00:25:09,400 --> 00:25:11,840 Speaker 1: or at least mid level on their way up. We 446 00:25:11,920 --> 00:25:14,560 Speaker 1: take a few shots with young artists, but can't take 447 00:25:14,680 --> 00:25:17,560 Speaker 1: very many because our basic philosophy is were a small 448 00:25:17,600 --> 00:25:19,639 Speaker 1: firm and we try to do great work for a 449 00:25:19,680 --> 00:25:22,240 Speaker 1: fewer number of people, so I can't take as many 450 00:25:22,240 --> 00:25:24,760 Speaker 1: shots as I might like. So generally I want to 451 00:25:24,760 --> 00:25:27,720 Speaker 1: see something going on before I'll get involved. That there's 452 00:25:27,960 --> 00:25:30,840 Speaker 1: a buzz there, there's a lot of interest, they've got 453 00:25:30,920 --> 00:25:33,800 Speaker 1: a few labels bidding um. But we can we can 454 00:25:33,840 --> 00:25:36,160 Speaker 1: come in at any stage. We can. You know, clients 455 00:25:36,200 --> 00:25:38,960 Speaker 1: come to us sometimes at the highest level if they're 456 00:25:38,960 --> 00:25:43,560 Speaker 1: making a change. So it just depends and what kind 457 00:25:43,600 --> 00:25:49,840 Speaker 1: of fee structure do you institute? Generally we charge five percent? Okay, 458 00:25:49,880 --> 00:25:54,520 Speaker 1: And how do you know if they're accounting to you accurately? 459 00:25:55,480 --> 00:25:58,320 Speaker 1: We rely on the business manager, and uh, you know, 460 00:25:58,359 --> 00:26:00,880 Speaker 1: to some degree we have knowledge. We know, for example, 461 00:26:00,920 --> 00:26:03,119 Speaker 1: of a certain deal how much they're getting paid on it, 462 00:26:03,200 --> 00:26:05,960 Speaker 1: so we'll have a sense of what we should be getting. 463 00:26:06,280 --> 00:26:09,320 Speaker 1: But in general we rely on the business manager. Okay, 464 00:26:09,400 --> 00:26:14,359 Speaker 1: what about sunset issues? You mean on our fees? Yeah, yeah, yeah, 465 00:26:14,440 --> 00:26:16,920 Speaker 1: we are. The way our deals work is that any 466 00:26:17,000 --> 00:26:19,919 Speaker 1: contracts that we made, we get paid for while we 467 00:26:19,960 --> 00:26:23,480 Speaker 1: represent them, and then a year after and then it's over. Okay. 468 00:26:23,480 --> 00:26:29,560 Speaker 1: That's standard. So okay, Uh, you're representing an act. Labels 469 00:26:29,560 --> 00:26:37,000 Speaker 1: are interested, what's the next step? Um? We would actually 470 00:26:37,040 --> 00:26:39,840 Speaker 1: it would start to solicit offers and say, okay, you're 471 00:26:39,840 --> 00:26:42,879 Speaker 1: interested in make us a proposal. It depends by the 472 00:26:42,880 --> 00:26:46,080 Speaker 1: way it depends. Um. If it's a really major act, 473 00:26:46,160 --> 00:26:49,000 Speaker 1: we'll put the proposal together because we'll have a history 474 00:26:49,040 --> 00:26:51,000 Speaker 1: and we'll have a pretty good idea and we want 475 00:26:51,000 --> 00:26:54,800 Speaker 1: to press the envelope. If it's a newer act and 476 00:26:54,880 --> 00:26:57,520 Speaker 1: there's no history to it, will ask the labels to 477 00:26:57,600 --> 00:26:59,919 Speaker 1: make bids and then we'll start to sort them by 478 00:27:00,000 --> 00:27:04,920 Speaker 1: stone how they line up. And Okay, now you've zeroed 479 00:27:04,920 --> 00:27:08,160 Speaker 1: in on one label and you would like to make 480 00:27:08,200 --> 00:27:11,040 Speaker 1: a deal with that label. What are the arguments? So 481 00:27:11,119 --> 00:27:14,040 Speaker 1: what are the negotiations end up being when you're cammering 482 00:27:14,080 --> 00:27:18,160 Speaker 1: out the final deal. Well, we generally start with all 483 00:27:18,160 --> 00:27:20,679 Speaker 1: the major points. How much product is it going to be, 484 00:27:20,800 --> 00:27:24,119 Speaker 1: what's going to be the advance, what's the royalty rate? Um? 485 00:27:24,200 --> 00:27:26,880 Speaker 1: The argument used to be a lot about how much 486 00:27:26,880 --> 00:27:28,960 Speaker 1: are you going to pay for use of the songs 487 00:27:28,960 --> 00:27:32,679 Speaker 1: and the records? But that's pretty much becoming irrelevant for 488 00:27:32,720 --> 00:27:34,920 Speaker 1: reasons I can explain if you're interested why I want 489 00:27:34,920 --> 00:27:39,080 Speaker 1: to explain those. Okay, Um, those are called mechanical royalties, 490 00:27:39,600 --> 00:27:43,160 Speaker 1: And every time a CD is sold you get paid 491 00:27:43,200 --> 00:27:45,560 Speaker 1: a certain number of pennies. Every time there's a download, 492 00:27:45,560 --> 00:27:49,440 Speaker 1: you get a certain number of pennies every time every 493 00:27:49,440 --> 00:27:52,639 Speaker 1: time there's a stream you get a percentage of the 494 00:27:52,640 --> 00:27:55,959 Speaker 1: streaming revenue that gets paid for the songs. Now, this 495 00:27:56,040 --> 00:27:58,399 Speaker 1: is remember we're talking about two different rights. This is 496 00:27:58,440 --> 00:28:00,920 Speaker 1: a record deal, So what are buying is the right 497 00:28:00,960 --> 00:28:04,920 Speaker 1: to distribute physical recordings, but you also get paid for 498 00:28:05,000 --> 00:28:07,359 Speaker 1: the songwriting, which may or may not even be the artist, 499 00:28:07,720 --> 00:28:10,480 Speaker 1: but you get you get paid as a songwriter, which 500 00:28:10,480 --> 00:28:12,520 Speaker 1: is a separate payment for what you get for the 501 00:28:12,600 --> 00:28:16,320 Speaker 1: actual master recording. Those are called mechanicals, and it used 502 00:28:16,320 --> 00:28:19,119 Speaker 1: to be a major part of record deals to negotiate 503 00:28:19,160 --> 00:28:22,440 Speaker 1: the mechanicals because you get those moneys right from the 504 00:28:22,880 --> 00:28:25,280 Speaker 1: get go. The first record that sold, you get paid. 505 00:28:25,560 --> 00:28:28,240 Speaker 1: Whereas on your record deal they take back all the 506 00:28:28,280 --> 00:28:30,600 Speaker 1: money they've paid you for an advance and for costs, 507 00:28:30,800 --> 00:28:33,720 Speaker 1: and you may not get record royalties ever or for years. 508 00:28:33,920 --> 00:28:36,280 Speaker 1: But mechanical world is you get right from day one. 509 00:28:36,600 --> 00:28:39,840 Speaker 1: So that was a big negotiating point. What happened was 510 00:28:39,920 --> 00:28:43,280 Speaker 1: there was a couple of changes in the copyright law. 511 00:28:44,120 --> 00:28:47,240 Speaker 1: The first one said that record deals made after a 512 00:28:47,280 --> 00:28:49,400 Speaker 1: certain date, I don't remember the exact in the In 513 00:28:49,440 --> 00:28:53,560 Speaker 1: the in the nineties, all record all future record deals 514 00:28:53,600 --> 00:28:58,080 Speaker 1: had to pay a full amount of royalties for uh 515 00:28:58,200 --> 00:29:01,120 Speaker 1: for downloads. And what the companies always tried to do 516 00:29:01,200 --> 00:29:04,200 Speaker 1: is reduce the mechanicals, because that is money they're paying 517 00:29:04,200 --> 00:29:06,400 Speaker 1: out before they get their money back. And that was 518 00:29:06,440 --> 00:29:08,440 Speaker 1: the argument was how much are they going to reduce it? 519 00:29:08,720 --> 00:29:11,280 Speaker 1: So starting there they said you can't reduce it for 520 00:29:11,640 --> 00:29:14,040 Speaker 1: downloads not a big deal at the time, because you know, 521 00:29:14,120 --> 00:29:18,120 Speaker 1: big percent of the market was physical. Then along came streaming, 522 00:29:18,160 --> 00:29:20,560 Speaker 1: which is now the dominant part of the market, and 523 00:29:20,680 --> 00:29:23,680 Speaker 1: that rate is set by the copyright law and there's 524 00:29:23,680 --> 00:29:26,120 Speaker 1: no negotiating about it, and it's not even in fact 525 00:29:26,120 --> 00:29:28,760 Speaker 1: paid by the record companies. It's paid by the digital 526 00:29:28,800 --> 00:29:32,880 Speaker 1: service providers, the spotifyes and so forth, so that the 527 00:29:32,920 --> 00:29:35,480 Speaker 1: only thing you're arguing about now is physical product, which 528 00:29:35,520 --> 00:29:39,560 Speaker 1: is dwindling, and so it's becoming much less relevant. Okay, 529 00:29:39,920 --> 00:29:42,600 Speaker 1: going a little bit deeper, the streaming services, there's only 530 00:29:42,640 --> 00:29:46,440 Speaker 1: a hundred cents and a dollar, and Universal just made 531 00:29:46,440 --> 00:29:51,520 Speaker 1: their deal with Spotify. Spotify is reducing the percentage of 532 00:29:51,720 --> 00:29:56,920 Speaker 1: income they're paying the major distributors. But many people on 533 00:29:56,960 --> 00:30:00,880 Speaker 1: the writing side, the songwriting side, believe eve that the 534 00:30:00,920 --> 00:30:05,040 Speaker 1: percentage that went to songwriters was too low to begin with. 535 00:30:05,680 --> 00:30:08,000 Speaker 1: Is there what's your viewpoint on that and is there 536 00:30:08,000 --> 00:30:12,560 Speaker 1: any way to claw any of that percentage back? Well, um, yes, 537 00:30:12,680 --> 00:30:15,200 Speaker 1: that's been an argument for quite a bit of time. 538 00:30:15,680 --> 00:30:17,920 Speaker 1: The argument on the record company side is we're making 539 00:30:17,920 --> 00:30:20,280 Speaker 1: a much bigger investment, We have much more risk and 540 00:30:20,360 --> 00:30:23,880 Speaker 1: much more expense than the songwriters do, and the songwriters 541 00:30:23,920 --> 00:30:26,440 Speaker 1: of course look at it the other way around. Um 542 00:30:26,800 --> 00:30:31,440 Speaker 1: And when it comes to synchronization licenses, the songwriter, the 543 00:30:31,480 --> 00:30:35,240 Speaker 1: master and the songwriter publisher are getting the same amount 544 00:30:35,240 --> 00:30:36,960 Speaker 1: of money and they think that should be the model 545 00:30:37,240 --> 00:30:40,640 Speaker 1: on the master's side too, but that we're not likely 546 00:30:40,680 --> 00:30:44,240 Speaker 1: to get there. The percentages are not far off from 547 00:30:44,240 --> 00:30:47,720 Speaker 1: the same ratio that they used to be on physical 548 00:30:47,720 --> 00:30:50,760 Speaker 1: product on CDs, which was the norm of the industry 549 00:30:50,800 --> 00:30:54,000 Speaker 1: for many, many years. UM. So I think it's going 550 00:30:54,040 --> 00:30:56,680 Speaker 1: to be difficult because to claw a bigger percentage, it's 551 00:30:56,680 --> 00:30:59,360 Speaker 1: got to come from somewhere. It's not likely to come 552 00:30:59,360 --> 00:31:02,160 Speaker 1: from Spotify. I their rate is set by by the 553 00:31:02,200 --> 00:31:05,640 Speaker 1: copyright law though, uh and so there's not a lot 554 00:31:05,680 --> 00:31:08,560 Speaker 1: of negotiating around it at this point, and in fact, 555 00:31:08,760 --> 00:31:13,080 Speaker 1: they're getting escalations that goes up over time. Okay, talking 556 00:31:13,120 --> 00:31:18,200 Speaker 1: about Spotify d cents they've recently in the last few months, 557 00:31:18,280 --> 00:31:23,520 Speaker 1: especially going deeply into podcasts, Wall Street has reacted very positively, 558 00:31:23,920 --> 00:31:28,560 Speaker 1: believing there's a lot more profit A can you explain 559 00:31:29,080 --> 00:31:33,360 Speaker 1: to what degree this reduces labels income and how this 560 00:31:33,440 --> 00:31:36,720 Speaker 1: is going to play out? I don't think podcasts will. 561 00:31:37,000 --> 00:31:39,320 Speaker 1: Now this is just my personal opinion, but I don't 562 00:31:39,320 --> 00:31:42,120 Speaker 1: think podcasts are going to reduce labels income because I 563 00:31:42,120 --> 00:31:44,720 Speaker 1: think it's a different audience. I mean, yes, of course, 564 00:31:44,760 --> 00:31:46,880 Speaker 1: we only have so many leisure hours, and how we're 565 00:31:46,880 --> 00:31:50,160 Speaker 1: going to suspend it, whether it's watching TV or or 566 00:31:50,280 --> 00:31:54,120 Speaker 1: watching streaming shows on Netflix, or uh, listening to music 567 00:31:54,280 --> 00:31:58,520 Speaker 1: or listening to podcasts. Um. You know, podcasts require you 568 00:31:58,560 --> 00:32:01,440 Speaker 1: to actually sit in constant trade and listen music. I 569 00:32:01,480 --> 00:32:04,040 Speaker 1: can have on in the background and so and I 570 00:32:04,080 --> 00:32:06,440 Speaker 1: can be doing other things at the same time. So 571 00:32:06,520 --> 00:32:09,160 Speaker 1: I don't know that there is directly competitive as it 572 00:32:09,280 --> 00:32:12,000 Speaker 1: might seem, but I can understand why they would think 573 00:32:12,000 --> 00:32:14,240 Speaker 1: it's a good source of income. Okay, but let's be 574 00:32:14,400 --> 00:32:17,320 Speaker 1: very specific. If there's a hundred cents in the dollar, 575 00:32:17,880 --> 00:32:23,120 Speaker 1: let's just make numbers round in sixty goes to audio streams. 576 00:32:24,160 --> 00:32:29,360 Speaker 1: Doesn't the sixty percent that recording companies would normally get 577 00:32:30,000 --> 00:32:32,560 Speaker 1: be Aren't they reduced by the amount of time that 578 00:32:32,880 --> 00:32:37,640 Speaker 1: people spend listening to podcasts. I would think that that's right. 579 00:32:38,240 --> 00:32:41,480 Speaker 1: I would think that, you know, and the overall allocation 580 00:32:41,800 --> 00:32:44,280 Speaker 1: of how much it goes to music and how much 581 00:32:44,320 --> 00:32:46,840 Speaker 1: goes to podcasts. Yes, I think that. I think it 582 00:32:46,880 --> 00:32:49,320 Speaker 1: would to some degree if they are truly doing it 583 00:32:49,360 --> 00:32:52,120 Speaker 1: on the same basis. Now I'm not you know, I'm 584 00:32:52,160 --> 00:32:55,160 Speaker 1: not directly involved in the Spotify ideals. I don't know 585 00:32:55,200 --> 00:32:57,960 Speaker 1: if they're based on music streaming or if they're based 586 00:32:57,960 --> 00:33:00,480 Speaker 1: on a dent of the service and it would take 587 00:33:00,480 --> 00:33:03,280 Speaker 1: the podcast out. But if that is what they're doing, 588 00:33:03,320 --> 00:33:06,719 Speaker 1: then yes, you're right, it would reduce music. Okay, So 589 00:33:06,800 --> 00:33:10,080 Speaker 1: let's go back to the record deal. The points that 590 00:33:10,120 --> 00:33:14,040 Speaker 1: you're negotiating, uh, whether it be historically and how that's 591 00:33:14,120 --> 00:33:19,400 Speaker 1: changed now, or what you're still negotiating now. Okay, UM, 592 00:33:19,560 --> 00:33:22,240 Speaker 1: I think I had covered most of the major parts. 593 00:33:22,280 --> 00:33:26,200 Speaker 1: The other things that are interesting these days are exclusivity. UM. 594 00:33:26,240 --> 00:33:28,480 Speaker 1: That used to not be as big an issue as 595 00:33:28,520 --> 00:33:32,240 Speaker 1: it's become over the last number of years, and the 596 00:33:32,320 --> 00:33:37,640 Speaker 1: reason for that is that historically, UM exclusivity was limited 597 00:33:37,680 --> 00:33:42,760 Speaker 1: to basically devices that were delivered to consumers. And the 598 00:33:42,800 --> 00:33:45,520 Speaker 1: only wrinkle in that one was that they had audio 599 00:33:45,600 --> 00:33:49,040 Speaker 1: visual devices, which in theory covered at the time video cassettes, 600 00:33:49,280 --> 00:33:50,680 Speaker 1: and if you were in a movie that was out 601 00:33:50,720 --> 00:33:52,560 Speaker 1: on video cassettes, you could be in breach of your 602 00:33:52,600 --> 00:33:55,320 Speaker 1: record deal. UM, something that was an easy fix if 603 00:33:55,360 --> 00:33:58,880 Speaker 1: you new enough to ask about it. Now, the exclusivity 604 00:33:59,040 --> 00:34:02,480 Speaker 1: is so broad that it covers anything you do, uh 605 00:34:02,520 --> 00:34:05,640 Speaker 1: in any way communicating to the public. So, whether you're 606 00:34:05,680 --> 00:34:08,520 Speaker 1: on a radio show, a TV show, UM, you're on 607 00:34:08,560 --> 00:34:11,640 Speaker 1: a doing a concert that streamed at festivals, all these 608 00:34:11,680 --> 00:34:14,760 Speaker 1: things fall under the exclusivity and the record company needs 609 00:34:14,760 --> 00:34:18,800 Speaker 1: to either consent and or get paid for it. Okay, 610 00:34:18,800 --> 00:34:23,120 Speaker 1: into what degree are you experiencing the three sixty deal? 611 00:34:24,320 --> 00:34:28,239 Speaker 1: The three sixty deals is which if anyone isn't familiar with, 612 00:34:28,680 --> 00:34:32,160 Speaker 1: is where the record companies in the crash of the business. Uh, 613 00:34:32,400 --> 00:34:36,640 Speaker 1: starting in after UM said we can't make money on 614 00:34:36,719 --> 00:34:40,840 Speaker 1: traditional sales of music anymore. We're putting a lot of 615 00:34:40,840 --> 00:34:43,040 Speaker 1: money into making your career. You're making a lot of 616 00:34:43,080 --> 00:34:45,920 Speaker 1: money outside of records because of what we're doing, So 617 00:34:46,000 --> 00:34:48,880 Speaker 1: we want to share in your other income besides just records. 618 00:34:49,080 --> 00:34:52,520 Speaker 1: Those are called three sixty rights, and they've become very 619 00:34:52,600 --> 00:34:55,640 Speaker 1: much the norm and presdent in the industry. Uh. If 620 00:34:55,680 --> 00:34:59,359 Speaker 1: you have enough clout, you can get them cut down 621 00:34:59,440 --> 00:35:02,640 Speaker 1: to small numbers or even get rid of them sometimes. UM. 622 00:35:02,719 --> 00:35:06,680 Speaker 1: But every label, whether it's independent or major. Now once 623 00:35:06,680 --> 00:35:09,440 Speaker 1: three sixty rights is their initial go round. You can 624 00:35:09,480 --> 00:35:12,239 Speaker 1: also cut back the areas that they apply to UM. 625 00:35:12,360 --> 00:35:15,880 Speaker 1: So for example, maybe they only apply to uh the 626 00:35:15,960 --> 00:35:19,319 Speaker 1: songwriting or publishing, or maybe they only apply to uh, 627 00:35:19,719 --> 00:35:22,680 Speaker 1: you know, touring, UM. But they are very much here 628 00:35:22,719 --> 00:35:25,520 Speaker 1: to stay for the near term. In the long term, well, 629 00:35:25,560 --> 00:35:28,879 Speaker 1: I guess we'll see. And how do those percentages break down? 630 00:35:29,880 --> 00:35:33,560 Speaker 1: They're different. Uh, they can be anywhere from the most 631 00:35:33,560 --> 00:35:37,840 Speaker 1: aggressive I've seen. Are some labels trying to take more 632 00:35:37,840 --> 00:35:40,640 Speaker 1: more in the norm is somewhere in the fifteen to 633 00:35:40,760 --> 00:35:46,480 Speaker 1: twenty or range. And on touring they try to take 634 00:35:46,520 --> 00:35:51,120 Speaker 1: it on the gross, but a smaller percentage because uh, well, 635 00:35:51,200 --> 00:35:54,359 Speaker 1: run tour in the beginning of your stay of your 636 00:35:54,400 --> 00:35:57,400 Speaker 1: career could probably lose money, not make money, and they 637 00:35:57,400 --> 00:35:59,759 Speaker 1: shouldn't get paid on the growth of that because they 638 00:36:00,160 --> 00:36:02,840 Speaker 1: get you'd be losing money and paying your record company. 639 00:36:03,640 --> 00:36:06,919 Speaker 1: At a higher level tour, the artist still may only 640 00:36:06,960 --> 00:36:11,359 Speaker 1: gross fifty or sixty percent of of what they're growth, sorry, 641 00:36:11,440 --> 00:36:14,680 Speaker 1: may only take home fifty or sixty of what they're grossing. 642 00:36:15,080 --> 00:36:17,799 Speaker 1: And so the record companies, uh you know, want to 643 00:36:17,800 --> 00:36:20,920 Speaker 1: get paid on the higher number. And more importantly, they 644 00:36:20,920 --> 00:36:23,759 Speaker 1: don't want people playing games of throwing all these expenses 645 00:36:23,800 --> 00:36:25,879 Speaker 1: into the tour and make it look like they lost 646 00:36:25,880 --> 00:36:29,640 Speaker 1: money just so they don't have to pay the record company. Okay, 647 00:36:29,840 --> 00:36:33,359 Speaker 1: is it a straight percentage for all third party activities 648 00:36:33,520 --> 00:36:36,040 Speaker 1: or does some third party activities have a different rate. 649 00:36:36,920 --> 00:36:39,880 Speaker 1: It's all negotiable, but yes, they're they're not necessarily the 650 00:36:39,880 --> 00:36:42,799 Speaker 1: same percentage overall, So you might have You might pay 651 00:36:42,840 --> 00:36:46,640 Speaker 1: them only uh, you know, five percent on tours or 652 00:36:46,640 --> 00:36:49,839 Speaker 1: five percent of gross on tours. Uh. And you might 653 00:36:49,880 --> 00:36:53,080 Speaker 1: pay them five or ten percent on publishing, but you 654 00:36:53,120 --> 00:36:56,319 Speaker 1: pay them on merchandizing. I'm making this up, but they 655 00:36:56,320 --> 00:37:00,759 Speaker 1: can be different percentages, okay. And generally speaking on the 656 00:37:00,800 --> 00:37:04,520 Speaker 1: touring deals, are they gross or are they net? You 657 00:37:04,560 --> 00:37:08,880 Speaker 1: mean from there? Yes, they usually try. Sometimes they'll do 658 00:37:08,920 --> 00:37:11,759 Speaker 1: a combination. You know, we want of net, but not 659 00:37:11,840 --> 00:37:14,839 Speaker 1: less than seven and a half percent of gross, or 660 00:37:14,840 --> 00:37:18,480 Speaker 1: they'll just take a percentage of gross. And now traditionally, 661 00:37:18,520 --> 00:37:20,920 Speaker 1: although you say it's not that much the case today, 662 00:37:21,360 --> 00:37:24,480 Speaker 1: the record companies have screwed the acts. How does the 663 00:37:24,520 --> 00:37:27,800 Speaker 1: record company know the accounting to them is accurate? A 664 00:37:28,120 --> 00:37:31,040 Speaker 1: good question. They all have the ability to audit, come 665 00:37:31,080 --> 00:37:33,480 Speaker 1: in and look at the books. Uh. In my experience, 666 00:37:33,600 --> 00:37:36,400 Speaker 1: they don't generally do that, although I've seen it happen 667 00:37:36,840 --> 00:37:38,680 Speaker 1: where they'll come in and make sure that they're getting 668 00:37:38,719 --> 00:37:41,560 Speaker 1: a fair count, and they'll want to they've gotten pretty 669 00:37:41,560 --> 00:37:45,439 Speaker 1: sophisticated about touring. They'll want to see budgets, projections. Uh. 670 00:37:45,480 --> 00:37:47,799 Speaker 1: And they may not let you deduct expenses like your 671 00:37:47,800 --> 00:37:51,799 Speaker 1: manager or your agent, on the theory that they, you know, 672 00:37:51,920 --> 00:37:55,160 Speaker 1: if they're getting paid full vote socials the label. Okay, 673 00:37:55,200 --> 00:37:57,239 Speaker 1: let's go back to commitments. What kind of commitments are 674 00:37:57,280 --> 00:38:01,520 Speaker 1: you seeing these days in terms of number of albums? Yes, okay, Well, 675 00:38:01,880 --> 00:38:04,200 Speaker 1: interesting question before we even get to the number of 676 00:38:04,200 --> 00:38:05,840 Speaker 1: albums or whether or not the deal is going to 677 00:38:05,920 --> 00:38:09,120 Speaker 1: be based on albums, because albums may or may not 678 00:38:09,719 --> 00:38:13,560 Speaker 1: be the norm in the years to come, likely won't be. Uh. 679 00:38:13,680 --> 00:38:17,160 Speaker 1: So some companies are are are willing to go to 680 00:38:17,680 --> 00:38:20,040 Speaker 1: you know, we'll give you twelve or fourteen masters as 681 00:38:20,040 --> 00:38:23,280 Speaker 1: opposed to an album. Uh. Some companies are still holding 682 00:38:23,280 --> 00:38:25,880 Speaker 1: onto albums and want to negotiate it when we get 683 00:38:25,920 --> 00:38:29,120 Speaker 1: there if albums aren't the right way to go. But 684 00:38:29,239 --> 00:38:32,840 Speaker 1: in general speaking, they're gonna want it. For a new artist, 685 00:38:33,000 --> 00:38:36,000 Speaker 1: they're gonna want to have the options. Probably they'll commit 686 00:38:36,040 --> 00:38:39,160 Speaker 1: to one album, and what the options for uh, you know, 687 00:38:39,440 --> 00:38:43,440 Speaker 1: two or three more uh, four more established artists. You know, 688 00:38:43,560 --> 00:38:46,600 Speaker 1: you might limit the entire deal the three uh. And 689 00:38:46,640 --> 00:38:48,600 Speaker 1: in fact, for newer artists, they're gonna want much more 690 00:38:48,640 --> 00:38:50,319 Speaker 1: than that. They're going to try and get four or 691 00:38:50,320 --> 00:38:53,360 Speaker 1: five albums total for part of the deal. Now, it 692 00:38:53,520 --> 00:38:57,160 Speaker 1: used to be historically no one would uh let anybody 693 00:38:57,200 --> 00:39:00,400 Speaker 1: go in California under the seven year rule, but there's 694 00:39:00,560 --> 00:39:03,319 Speaker 1: been some leakage there. What do you think about the 695 00:39:03,360 --> 00:39:07,200 Speaker 1: seven year rule applying to recording commitments today? Well, the 696 00:39:07,680 --> 00:39:10,880 Speaker 1: record companies did a pretty masterful job of lobbying the 697 00:39:10,920 --> 00:39:16,759 Speaker 1: California legislature to exempt record deals from the seven year statute. 698 00:39:16,840 --> 00:39:18,879 Speaker 1: Not saying you can't get out of your record deal 699 00:39:18,960 --> 00:39:21,799 Speaker 1: after seven years, because you can, but saying that the 700 00:39:21,840 --> 00:39:24,480 Speaker 1: record company could sue you for the profits on the 701 00:39:24,560 --> 00:39:28,200 Speaker 1: undelivered masters, and the profits on the undelivered masters could 702 00:39:28,239 --> 00:39:29,920 Speaker 1: be much more than the artist is going to make 703 00:39:29,960 --> 00:39:32,879 Speaker 1: going to a new company. So in effect, they've got 704 00:39:32,880 --> 00:39:36,040 Speaker 1: the artist to where they can't really terminate under the 705 00:39:36,400 --> 00:39:39,080 Speaker 1: seven year statute. And to what degree do you have 706 00:39:39,160 --> 00:39:42,880 Speaker 1: managers coming and saying I want this deal based in 707 00:39:42,880 --> 00:39:48,400 Speaker 1: a state other than California because it advantages to them. Um, 708 00:39:48,560 --> 00:39:51,960 Speaker 1: you mean because of the manager's enforcement of their of 709 00:39:51,960 --> 00:39:56,719 Speaker 1: their contracts. Right, unless there's a New York manager or 710 00:39:57,080 --> 00:39:59,920 Speaker 1: some sort of connection or the artist and the new 711 00:40:00,000 --> 00:40:02,960 Speaker 1: are on the manager in another state, generally they don't 712 00:40:02,960 --> 00:40:06,040 Speaker 1: seem to object to that. Um. A few try every 713 00:40:06,040 --> 00:40:08,760 Speaker 1: now and then, but you need some kind of connection 714 00:40:08,840 --> 00:40:12,480 Speaker 1: to where the law that's going to apply. Okay, now 715 00:40:12,520 --> 00:40:17,880 Speaker 1: let's talk about advances. Advances. What's the range today? What 716 00:40:17,960 --> 00:40:24,320 Speaker 1: are the commitments? Well, it's so you know, fact specific 717 00:40:24,400 --> 00:40:27,520 Speaker 1: and dependent on how much heat and what kind of 718 00:40:27,600 --> 00:40:31,280 Speaker 1: genre and uh, you know, how many people are chasing 719 00:40:31,280 --> 00:40:34,640 Speaker 1: it or what's the history. It's really really hard to say. 720 00:40:35,000 --> 00:40:38,080 Speaker 1: I mean, you can see for you know, for artists 721 00:40:38,120 --> 00:40:43,760 Speaker 1: that have already a significant UM streaming history that's building. 722 00:40:44,000 --> 00:40:47,000 Speaker 1: You can see multimillion dollar deals for people who have 723 00:40:47,040 --> 00:40:50,239 Speaker 1: never had a record out before. UM. At the same time, 724 00:40:50,239 --> 00:40:52,719 Speaker 1: if you're a rock band, you know, you might get 725 00:40:52,840 --> 00:40:55,560 Speaker 1: a few hundred thousand because nobody seems to want rock 726 00:40:55,640 --> 00:40:59,400 Speaker 1: right at the moment, which I personally find said Okay, 727 00:40:59,560 --> 00:41:02,279 Speaker 1: that big the question. Someone comes to you and the 728 00:41:02,280 --> 00:41:05,160 Speaker 1: act is not hip hop or pop. To what degree 729 00:41:05,200 --> 00:41:08,200 Speaker 1: do you say, listen, this is not the major labels expertise, 730 00:41:08,560 --> 00:41:11,160 Speaker 1: they probably don't want it. You're probably best to go 731 00:41:11,280 --> 00:41:14,799 Speaker 1: somewhere else. You know, that's more of a manager's call 732 00:41:14,880 --> 00:41:18,600 Speaker 1: than ours. Uh, genuinely, because I don't know that I 733 00:41:18,640 --> 00:41:21,520 Speaker 1: have the expertise to say that. I think I can 734 00:41:21,560 --> 00:41:24,480 Speaker 1: certainly say that it's a harder sell at the major labels, 735 00:41:24,560 --> 00:41:27,600 Speaker 1: But I think the labels still want some rock acts. 736 00:41:27,640 --> 00:41:30,000 Speaker 1: I think it's just it depends on an anar guy 737 00:41:30,080 --> 00:41:33,440 Speaker 1: getting our in our woman getting excited about you. Okay, 738 00:41:33,440 --> 00:41:35,719 Speaker 1: Just going back to an earlier point, reauditing on a 739 00:41:35,800 --> 00:41:38,640 Speaker 1: three sixty deal. Used to be these record companies had 740 00:41:38,640 --> 00:41:41,279 Speaker 1: an amazing number of employees. They would buy tickets, they 741 00:41:41,280 --> 00:41:45,120 Speaker 1: would sponsor stuff. There are many fewer employees. They're much, 742 00:41:46,239 --> 00:41:49,759 Speaker 1: you know, less tight than they used to be. To 743 00:41:49,920 --> 00:41:53,040 Speaker 1: what degree does this affect the development of the act 744 00:41:53,360 --> 00:41:58,520 Speaker 1: and also affect whether they're able to uh stand up, 745 00:41:58,640 --> 00:42:01,000 Speaker 1: whether it be an accounting or any other battle with 746 00:42:01,040 --> 00:42:05,839 Speaker 1: the artist. Well, I think that, um, you know, the 747 00:42:05,880 --> 00:42:09,480 Speaker 1: expert if the record company is genuinely excited about someone 748 00:42:09,560 --> 00:42:12,040 Speaker 1: and can and will really put the resources behind them. 749 00:42:12,480 --> 00:42:15,680 Speaker 1: I think they can still be very very effective. And 750 00:42:15,719 --> 00:42:18,160 Speaker 1: I'm sorry to think I understood the second part about it. Well, 751 00:42:18,160 --> 00:42:20,360 Speaker 1: I guess you know, if there are ten people working 752 00:42:20,400 --> 00:42:24,480 Speaker 1: there instead of a thousand, certain balls dropped through and 753 00:42:24,480 --> 00:42:27,239 Speaker 1: and low, that would be make the act angry. That 754 00:42:27,280 --> 00:42:30,400 Speaker 1: would also mean they're not enough eyes to pay attention 755 00:42:30,440 --> 00:42:35,560 Speaker 1: on my three sixty deal. Uh. Well, I look, I 756 00:42:35,560 --> 00:42:38,520 Speaker 1: I have not had the personal experience, but I certainly 757 00:42:38,520 --> 00:42:40,960 Speaker 1: know of artists that just ignore the three sixty and 758 00:42:41,000 --> 00:42:44,600 Speaker 1: don't pay them. Uh and uh, you know, but it's 759 00:42:44,640 --> 00:42:47,600 Speaker 1: not something I've had a direct experience with. Okay, so 760 00:42:47,640 --> 00:42:50,160 Speaker 1: I'm a I'm a new act, new developing act. What 761 00:42:50,200 --> 00:42:53,400 Speaker 1: do you tell me about the publishing? Hang onto it, 762 00:42:53,560 --> 00:42:56,520 Speaker 1: own it, don't sell it. Uh, you know, try to 763 00:42:56,560 --> 00:42:58,520 Speaker 1: make a deal for somebody to do what we call 764 00:42:58,600 --> 00:43:02,040 Speaker 1: it an administration deal, which means that they will take 765 00:43:02,120 --> 00:43:03,759 Speaker 1: care of it for a period of time, but you 766 00:43:03,800 --> 00:43:06,279 Speaker 1: continue to own it and uh and you get it 767 00:43:06,320 --> 00:43:08,280 Speaker 1: back at the end of the term or a period 768 00:43:08,320 --> 00:43:10,720 Speaker 1: of time after the end of the term. Let's assume 769 00:43:10,719 --> 00:43:12,839 Speaker 1: I make a deal with a major label. What would 770 00:43:12,880 --> 00:43:16,239 Speaker 1: be the admin deal like and would there be in advance, Well, 771 00:43:16,280 --> 00:43:18,319 Speaker 1: it wouldn't be with the label, it would be with 772 00:43:18,360 --> 00:43:21,640 Speaker 1: a publisher or but that the publisher would know that 773 00:43:21,719 --> 00:43:24,880 Speaker 1: there's a big company behind me, therefore in lockstep, they 774 00:43:24,920 --> 00:43:27,800 Speaker 1: would make a deal with me for the songs. Yeah, 775 00:43:27,840 --> 00:43:31,240 Speaker 1: it's it's again very very dependent. I mean, if you've 776 00:43:31,560 --> 00:43:35,000 Speaker 1: got you know, a track history of streaming and it's 777 00:43:35,040 --> 00:43:38,080 Speaker 1: building and you've already got multimillions of streams, you know 778 00:43:38,080 --> 00:43:40,400 Speaker 1: you're gonna get a much bigger check than if you're 779 00:43:40,400 --> 00:43:42,520 Speaker 1: a brand new artist has never put out product and 780 00:43:42,560 --> 00:43:45,600 Speaker 1: the labels excited about you. Uh, you know, you might 781 00:43:45,600 --> 00:43:47,760 Speaker 1: get in the latter situation, you might get a funder 782 00:43:47,880 --> 00:43:50,120 Speaker 1: thousand and the other you might get, you know, into 783 00:43:50,160 --> 00:43:53,680 Speaker 1: the seven figures. And what would be the ADMD fee 784 00:43:53,719 --> 00:43:57,439 Speaker 1: that would be collected against that. It's directly dependent on 785 00:43:57,440 --> 00:44:00,279 Speaker 1: how big an advance you want. The bigger advance us 786 00:44:00,320 --> 00:44:03,480 Speaker 1: you want, the bigger the admin fee that the company 787 00:44:03,520 --> 00:44:08,239 Speaker 1: that the publisher is gonna want. Uh, the what they 788 00:44:08,239 --> 00:44:11,440 Speaker 1: would love to get is of each dollar for an 789 00:44:11,480 --> 00:44:14,479 Speaker 1: admin fee, you can get them do as low as 790 00:44:14,920 --> 00:44:19,520 Speaker 1: ten percent, meaning of the artists. But the lower you get, 791 00:44:19,560 --> 00:44:21,799 Speaker 1: the lesson an advance you're going to get because they 792 00:44:21,800 --> 00:44:25,480 Speaker 1: don't have as much margin. And to how long do 793 00:44:25,560 --> 00:44:30,440 Speaker 1: these initial publishing admin deals tend to last three years 794 00:44:31,360 --> 00:44:34,200 Speaker 1: generally something like that, but they can also be based 795 00:44:34,200 --> 00:44:37,120 Speaker 1: on a certain number of songs. In other words, particularly 796 00:44:37,120 --> 00:44:39,520 Speaker 1: if there's an advance they I'll say, you know, we 797 00:44:39,600 --> 00:44:43,480 Speaker 1: have to have a certain number of songs before you 798 00:44:43,520 --> 00:44:46,400 Speaker 1: can move the term forward. And they may want options 799 00:44:46,400 --> 00:44:50,600 Speaker 1: beyond the three years, okay, and their options and the 800 00:44:50,640 --> 00:44:54,439 Speaker 1: options are based on what usually what are the triggers. Well, 801 00:44:54,480 --> 00:44:57,640 Speaker 1: the trigger would be either nothing that it's completely at 802 00:44:57,640 --> 00:45:02,000 Speaker 1: the discretion of the publishing company, or if you can negotiate. 803 00:45:02,080 --> 00:45:04,680 Speaker 1: Sometimes they can't do it if they haven't earned more 804 00:45:04,719 --> 00:45:07,360 Speaker 1: than a certain dollar amount during the period. But that 805 00:45:07,480 --> 00:45:09,640 Speaker 1: isn't always meaningful becus they haven't learned that much. They 806 00:45:09,680 --> 00:45:11,960 Speaker 1: may not want to they got the option anyway, but 807 00:45:12,080 --> 00:45:15,359 Speaker 1: it's still a good protection to build in for yourself. Now. 808 00:45:15,400 --> 00:45:17,279 Speaker 1: A lot of the acts from the late sixties and 809 00:45:17,280 --> 00:45:22,080 Speaker 1: early seventies had we version clauses because the company's thought 810 00:45:22,160 --> 00:45:25,319 Speaker 1: that these records would ultimately be worth nothing. To what 811 00:45:25,480 --> 00:45:29,560 Speaker 1: degree are those gotten today? And also the issue of 812 00:45:29,640 --> 00:45:33,400 Speaker 1: ownership of the underlying copyright. Are you talking about records now, 813 00:45:33,440 --> 00:45:38,600 Speaker 1: are publishing? I'm talking about the record deal, record deal. Uh, 814 00:45:38,680 --> 00:45:41,800 Speaker 1: it is, yes, you're you're quite right. There was a 815 00:45:41,960 --> 00:45:44,640 Speaker 1: versions because everybody assumed they'd be valueless after ten or 816 00:45:44,680 --> 00:45:47,279 Speaker 1: fifteen years, and those were easy to get back. Then 817 00:45:47,360 --> 00:45:50,640 Speaker 1: not so much anymore. The companies the masters are their 818 00:45:50,680 --> 00:45:55,120 Speaker 1: companies uh, primary assets. So they are much less likely 819 00:45:55,160 --> 00:45:57,640 Speaker 1: to part with them these days if they if they 820 00:45:57,640 --> 00:46:00,319 Speaker 1: can avoid it, if you have enough cloud, you can 821 00:46:00,320 --> 00:46:02,080 Speaker 1: make a deal where you own your masters and you 822 00:46:02,160 --> 00:46:05,279 Speaker 1: basically rent them to them. Uh and uh. And so 823 00:46:05,400 --> 00:46:08,960 Speaker 1: that's still doable, but it can be again, it can 824 00:46:09,000 --> 00:46:11,520 Speaker 1: be a period of time. It would be not a 825 00:46:11,520 --> 00:46:14,360 Speaker 1: short period of time, maybe ten or fifteen years after 826 00:46:14,400 --> 00:46:17,200 Speaker 1: the end of your term of your deal. Uh. And 827 00:46:17,280 --> 00:46:19,799 Speaker 1: it would be dependent on you being recouped, although we 828 00:46:19,920 --> 00:46:22,920 Speaker 1: negotiate and ask for the right to if you're unrecouped, 829 00:46:22,960 --> 00:46:25,040 Speaker 1: I say a hundred thousand dollars, we give you a 830 00:46:25,080 --> 00:46:27,120 Speaker 1: hundred thousand dollars, and then we get the masters back 831 00:46:27,239 --> 00:46:30,080 Speaker 1: right away after this time period is up. And one 832 00:46:30,120 --> 00:46:32,600 Speaker 1: thing that has always you know, bothered me is a 833 00:46:32,719 --> 00:46:35,759 Speaker 1: recording costs, a recording cost. If you go into a 834 00:46:35,800 --> 00:46:38,560 Speaker 1: studio and you pay a dollar, doesn't matter whether you're 835 00:46:38,600 --> 00:46:42,719 Speaker 1: a superstar or you're a new artist. Yet you recoup 836 00:46:42,840 --> 00:46:47,719 Speaker 1: at different rates. Can that ever change? Well, you're going 837 00:46:47,760 --> 00:46:51,560 Speaker 1: to recoup at your royalty rate. The higher your royalty right, 838 00:46:51,560 --> 00:46:55,839 Speaker 1: the faster you recoup. I guess yeah. I feel before 839 00:46:55,840 --> 00:46:58,600 Speaker 1: you get the royalty rate dollar for dollar, if you 840 00:46:58,640 --> 00:47:02,200 Speaker 1: spend a hundred thousand dollars making the record, okay, once 841 00:47:02,239 --> 00:47:04,759 Speaker 1: they got a hundred thousand in however, with a percentage, 842 00:47:05,400 --> 00:47:07,960 Speaker 1: but the superstars should recoup at the same rate when 843 00:47:07,960 --> 00:47:10,359 Speaker 1: it comes to costs. Then when we go to pain, 844 00:47:10,520 --> 00:47:12,520 Speaker 1: you should go to your royalty rate. It seems like 845 00:47:12,520 --> 00:47:14,880 Speaker 1: you're doubly screwed as a new act. You're getting a 846 00:47:14,880 --> 00:47:18,960 Speaker 1: lower ROULETI hated, you're recouping even slower. Yes, I mean 847 00:47:19,239 --> 00:47:22,799 Speaker 1: to some degree, that's true, and that's historical as to 848 00:47:22,840 --> 00:47:26,040 Speaker 1: why it work that way. Um, you can do on 849 00:47:26,120 --> 00:47:29,680 Speaker 1: a on a profit sharing deal, they will still generally 850 00:47:29,719 --> 00:47:32,640 Speaker 1: try to put some of the costs against the artists 851 00:47:33,360 --> 00:47:37,400 Speaker 1: of the profits, although that's negotiable as well. But but 852 00:47:37,520 --> 00:47:39,400 Speaker 1: when you do a profit share deal, you also have 853 00:47:39,520 --> 00:47:42,440 Speaker 1: things charged against you that would not be charged against 854 00:47:42,440 --> 00:47:46,200 Speaker 1: you if you were just recouping um. And that's things 855 00:47:46,680 --> 00:47:49,720 Speaker 1: becoming less relevant. But it's things like manufacturing and shipping 856 00:47:49,760 --> 00:47:53,600 Speaker 1: and freight and bad debts and those kinds of things. Again, 857 00:47:53,640 --> 00:47:57,120 Speaker 1: those are becoming less relevant. But there are some marketing 858 00:47:57,120 --> 00:47:59,840 Speaker 1: costs and promotion that might not be charged against you 859 00:48:00,040 --> 00:48:04,160 Speaker 1: as an artist. Uh So it's not exactly apples to apples, 860 00:48:04,200 --> 00:48:06,280 Speaker 1: but in a profit share deal you can come closer 861 00:48:06,320 --> 00:48:09,520 Speaker 1: to what you're talking about. And let's talk about delivery issues. 862 00:48:09,640 --> 00:48:12,920 Speaker 1: I have a commitment of twenty masters, the term goes by, 863 00:48:12,920 --> 00:48:17,400 Speaker 1: I've only delivered ten. What tends to happen there? Well, 864 00:48:17,520 --> 00:48:21,160 Speaker 1: the term doesn't these days. The term doesn't end until 865 00:48:21,200 --> 00:48:24,720 Speaker 1: you've delivered it. So the term can't go by before 866 00:48:24,719 --> 00:48:27,239 Speaker 1: you've done it, because the record companies got stuck with 867 00:48:27,280 --> 00:48:30,680 Speaker 1: that years ago and changed their contracts based on the 868 00:48:30,719 --> 00:48:34,560 Speaker 1: fact that now they're saying, you know, the termines x 869 00:48:34,719 --> 00:48:38,439 Speaker 1: months after delivery of the product for that term. Okay, 870 00:48:38,520 --> 00:48:40,640 Speaker 1: let's go back to you originally, I mean I know this, 871 00:48:40,719 --> 00:48:44,720 Speaker 1: but for my listeners, you originally from where Dallas, Texas? 872 00:48:45,520 --> 00:48:49,680 Speaker 1: And how many generations is your family in Dallas. Um. Well, 873 00:48:49,760 --> 00:48:53,520 Speaker 1: let's see, my grandparents on one side were in Dallas. 874 00:48:53,560 --> 00:48:58,040 Speaker 1: The other ones I think we're in Houston or Galveston. Wow, 875 00:48:58,120 --> 00:49:02,320 Speaker 1: so they why did they end up in uh? Texas? Uh? 876 00:49:02,360 --> 00:49:06,720 Speaker 1: The short answer is I'm not sure. Um the because 877 00:49:06,960 --> 00:49:09,719 Speaker 1: I never knew those grandparents who had the chance to 878 00:49:09,760 --> 00:49:13,040 Speaker 1: talk him. I know that my father's side, you know, 879 00:49:13,160 --> 00:49:15,919 Speaker 1: came through Ellis Island, went to New York, drifted down 880 00:49:15,960 --> 00:49:20,120 Speaker 1: to New Orleans and ended up somehow in Galthaston. My 881 00:49:20,160 --> 00:49:24,560 Speaker 1: mother's side came through one side came through Canada. One 882 00:49:24,640 --> 00:49:28,320 Speaker 1: side games for Kansas City. I don't know the exact 883 00:49:28,400 --> 00:49:31,360 Speaker 1: story of how they got there, but that's where they were. Okay. 884 00:49:31,400 --> 00:49:34,200 Speaker 1: You know Texans, and I know people from that area 885 00:49:34,360 --> 00:49:36,920 Speaker 1: attend of a lot of pride in Texas. Do you 886 00:49:37,040 --> 00:49:40,759 Speaker 1: have that pride? Um? I like Texas? I mean, I 887 00:49:41,000 --> 00:49:43,239 Speaker 1: uh it's It's not a place I would choose to 888 00:49:43,280 --> 00:49:46,520 Speaker 1: live today, but I loved growing up there, and uh 889 00:49:46,680 --> 00:49:49,319 Speaker 1: it has a lot of unique and sort of fun 890 00:49:49,360 --> 00:49:53,120 Speaker 1: aspects to it. Okay, and your parents did what for 891 00:49:53,160 --> 00:49:57,960 Speaker 1: a living? Uh? My father was a lawyer in Dallas. Uh. 892 00:49:58,280 --> 00:50:02,239 Speaker 1: Interesting guy rep presented abes a pruder the guy who 893 00:50:02,280 --> 00:50:08,200 Speaker 1: took the Kennedy films and and represented Jacob Rubinstein, who 894 00:50:08,320 --> 00:50:12,400 Speaker 1: changed his name to Jack Ruby. Let's slow down that 895 00:50:12,520 --> 00:50:17,840 Speaker 1: faithful weekend Friday, Kennedy gets shot in Dallas. What was 896 00:50:17,880 --> 00:50:20,880 Speaker 1: it like being in Dallas? Then of course the chapter 897 00:50:20,960 --> 00:50:24,600 Speaker 1: with Jack Ruby. Then of course there's a pruder chapter. Well, 898 00:50:24,960 --> 00:50:26,840 Speaker 1: those are all a bit tied together. I was not 899 00:50:26,960 --> 00:50:29,200 Speaker 1: in Dallas. I was in Austin. I was in college 900 00:50:29,200 --> 00:50:32,480 Speaker 1: at the University of Texas when Kennedy was shot. Um 901 00:50:32,880 --> 00:50:35,279 Speaker 1: and I went to Dallas the next day it was 902 00:50:35,320 --> 00:50:39,400 Speaker 1: Thanksgiving and uh my, in fact, we went over to 903 00:50:39,480 --> 00:50:42,480 Speaker 1: abes a Brewer's house the following day because my he 904 00:50:42,560 --> 00:50:46,759 Speaker 1: was He was related. His daughter was married to my 905 00:50:46,840 --> 00:50:50,320 Speaker 1: first cousin. So my father on the drive over says, 906 00:50:50,680 --> 00:50:53,560 Speaker 1: don't talk to Abe about the Kennedy film. He's sick 907 00:50:53,640 --> 00:50:56,879 Speaker 1: of it. Everybody's hounding him. Don't say a word. So 908 00:50:56,960 --> 00:50:59,440 Speaker 1: we get there and everybody's sitting in a semicircle and 909 00:50:59,560 --> 00:51:03,000 Speaker 1: Abe striding back and forth with great gusto telling this 910 00:51:03,160 --> 00:51:08,960 Speaker 1: entire story. That's why it always is. And Okay, what 911 00:51:09,080 --> 00:51:12,960 Speaker 1: about Jack Ruby. Uh, he was a small time guy 912 00:51:13,120 --> 00:51:17,359 Speaker 1: in Texas that years before the Kennedy assassination. My father 913 00:51:17,440 --> 00:51:20,360 Speaker 1: represented him when he changed his name from Jacob Rubinstein 914 00:51:20,440 --> 00:51:23,480 Speaker 1: to Jack Ruby, and I just I think it's a 915 00:51:23,520 --> 00:51:27,279 Speaker 1: pretty bizarical incidence. Uh. And then once what once he 916 00:51:27,280 --> 00:51:31,040 Speaker 1: shoots Oswald? As your father involved in any of the representation, No, 917 00:51:31,520 --> 00:51:34,040 Speaker 1: my dad said he called him uh and wanted him 918 00:51:34,040 --> 00:51:36,280 Speaker 1: to help, but he said, I'm not a criminal lawyer 919 00:51:36,280 --> 00:51:40,279 Speaker 1: and honestly didn't want to get involved. But uh, but 920 00:51:40,440 --> 00:51:48,440 Speaker 1: he did not have anything further to do with him. 921 00:51:48,480 --> 00:51:52,880 Speaker 1: What do you and your father believe was Oswald the 922 00:51:52,920 --> 00:51:57,279 Speaker 1: lone gunman? Was Ruby acting purely on anger and inspiration, 923 00:51:58,760 --> 00:52:02,160 Speaker 1: you know? Uh. My dad's theory was he was a 924 00:52:02,200 --> 00:52:06,440 Speaker 1: small time guy and not that connected and probably acting 925 00:52:06,480 --> 00:52:10,600 Speaker 1: on his own Ruby that is Oswald. I don't think 926 00:52:10,760 --> 00:52:14,280 Speaker 1: either of us have any better idea than anybody else. Okay, 927 00:52:14,280 --> 00:52:16,320 Speaker 1: so you're growing up. How many kids in the family? 928 00:52:16,880 --> 00:52:20,480 Speaker 1: Just me? Just you, It's me. My parents got divorced 929 00:52:20,520 --> 00:52:24,520 Speaker 1: when I was five years old. So, uh, this is 930 00:52:24,560 --> 00:52:26,720 Speaker 1: another thing I did not know. Your parents get divorced 931 00:52:26,719 --> 00:52:30,040 Speaker 1: and what are their paths? Well, my dad stayed in Dallas, 932 00:52:30,400 --> 00:52:33,080 Speaker 1: he had a law firm there, and my mom moved 933 00:52:33,120 --> 00:52:37,520 Speaker 1: to remarried to a disc jockey who had a was 934 00:52:37,560 --> 00:52:41,640 Speaker 1: a colorful personality jock and uh in Dallas, and got 935 00:52:41,640 --> 00:52:44,239 Speaker 1: a job at kf w B in Los Angeles when 936 00:52:44,239 --> 00:52:47,360 Speaker 1: it was the uh top uh, you know, top forty 937 00:52:47,400 --> 00:52:50,080 Speaker 1: station and he had the morning drive. So we moved 938 00:52:50,080 --> 00:52:53,280 Speaker 1: to California. And that was how I got to Los Angeles. Okay. 939 00:52:53,520 --> 00:52:56,439 Speaker 1: So what was his handle online? That was his name, 940 00:52:56,600 --> 00:53:03,000 Speaker 1: Bruce Hays. Okay. So you go to school first in Dallas, 941 00:53:03,080 --> 00:53:06,720 Speaker 1: you go to public school or private school? Public school? Okay? 942 00:53:06,840 --> 00:53:09,200 Speaker 1: And at what age do you move to Los Angeles? 943 00:53:09,480 --> 00:53:12,719 Speaker 1: I was twelve, okay. Can you moved where in l A, 944 00:53:13,360 --> 00:53:17,600 Speaker 1: North Hollywood? Okay? And how do you end up going 945 00:53:17,640 --> 00:53:21,040 Speaker 1: to college back in Austin Um? When I got out 946 00:53:21,040 --> 00:53:23,400 Speaker 1: of car and when I was getting out of high school, 947 00:53:23,920 --> 00:53:27,160 Speaker 1: I realized I spent more of my life in Texas 948 00:53:27,239 --> 00:53:29,680 Speaker 1: and California, and I thought maybe I'd want to go 949 00:53:29,719 --> 00:53:32,640 Speaker 1: back and live in Texas. And my mother and my 950 00:53:32,719 --> 00:53:36,720 Speaker 1: father and my grandmother, who graduated from college in nineteen seventeen, 951 00:53:36,760 --> 00:53:39,800 Speaker 1: pretty unusual for a woman, had all gone to the 952 00:53:39,880 --> 00:53:42,520 Speaker 1: University of Texas, and I thought, Okay, I'll get out 953 00:53:42,520 --> 00:53:44,719 Speaker 1: of l A I'll give it a try. And so 954 00:53:45,080 --> 00:53:48,080 Speaker 1: I went to UT And did you get in state tuition? 955 00:53:49,200 --> 00:53:52,279 Speaker 1: I think I did, actually, because my my father still 956 00:53:52,280 --> 00:53:56,280 Speaker 1: live there. Okay, you know Austin has seen as super 957 00:53:56,360 --> 00:53:59,040 Speaker 1: hip today. What was it like when you went to college? 958 00:53:59,440 --> 00:54:01,359 Speaker 1: It was a hot and eight degrees from super hit. 959 00:54:02,480 --> 00:54:07,080 Speaker 1: It was a football team with no African American players 960 00:54:07,200 --> 00:54:09,880 Speaker 1: because the coach said he thought it would demoralize his 961 00:54:10,000 --> 00:54:14,360 Speaker 1: boys to uh to put as he put it in. Yeah, 962 00:54:14,400 --> 00:54:18,040 Speaker 1: it wasn't like it was a pretense, Um. It was. 963 00:54:18,560 --> 00:54:23,960 Speaker 1: It was very very football beer. Um. And I was 964 00:54:24,040 --> 00:54:28,239 Speaker 1: not a particularly good fit. I was it was. You 965 00:54:28,320 --> 00:54:30,440 Speaker 1: might ask why didn't transfer? And the answer was it 966 00:54:30,480 --> 00:54:33,879 Speaker 1: never occurred to me? Um. But I didn't really enjoy 967 00:54:33,920 --> 00:54:35,840 Speaker 1: it till my second year when I started a band 968 00:54:36,400 --> 00:54:39,760 Speaker 1: and we had what I believe was the first mixed 969 00:54:39,760 --> 00:54:42,680 Speaker 1: band in UH in Austin history. We had a black 970 00:54:42,719 --> 00:54:46,359 Speaker 1: singer and a white band and UH and that when 971 00:54:46,360 --> 00:54:49,080 Speaker 1: we started playing frat parties and we're booked pretty solid. 972 00:54:49,320 --> 00:54:53,120 Speaker 1: Then I had a great time. Okay, A couple of questions. 973 00:54:53,120 --> 00:54:57,080 Speaker 1: When did you start playing music? Um? I started playing 974 00:54:57,160 --> 00:54:59,319 Speaker 1: music when I was young. I played the accordion when 975 00:54:59,360 --> 00:55:02,080 Speaker 1: I was, uh, you know, six or seven years old, 976 00:55:02,160 --> 00:55:05,240 Speaker 1: and I took up the guitar in high school and 977 00:55:05,840 --> 00:55:08,480 Speaker 1: I took up the banjo when I was in law school. 978 00:55:08,920 --> 00:55:11,759 Speaker 1: And so I've always loved music. Okay, So when you 979 00:55:11,760 --> 00:55:15,520 Speaker 1: have this band, this is pre Beatles in Austin, Yes, 980 00:55:16,160 --> 00:55:18,759 Speaker 1: And what kind of music are you playing? It was 981 00:55:18,840 --> 00:55:20,880 Speaker 1: mostly R and B and it was we were just 982 00:55:20,960 --> 00:55:24,640 Speaker 1: cover bands. We had a couple of original songs, one 983 00:55:24,680 --> 00:55:26,839 Speaker 1: of which has become a bit of a cult hit. 984 00:55:27,400 --> 00:55:30,640 Speaker 1: Uh and uh, I've had collectors called me and I 985 00:55:30,840 --> 00:55:34,520 Speaker 1: want to buy some of the forty five from the era. Um. 986 00:55:34,560 --> 00:55:37,480 Speaker 1: But but for the most part it was a cover band. 987 00:55:38,200 --> 00:55:40,759 Speaker 1: So what was the track and what was the band? Oh? 988 00:55:40,800 --> 00:55:43,440 Speaker 1: The band was called Oedipus and the Mothers, and the 989 00:55:43,520 --> 00:55:46,160 Speaker 1: track is how it used to be. And do you 990 00:55:46,200 --> 00:55:49,640 Speaker 1: have any for I have I think one or two left? Yes? 991 00:55:50,400 --> 00:55:52,960 Speaker 1: Did you? Did you sell any of them to these collectors? 992 00:55:53,239 --> 00:55:55,120 Speaker 1: I saw one of them because the guy seemed really 993 00:55:55,800 --> 00:55:58,680 Speaker 1: hot for it, and sincere about wanting it? So yeah, 994 00:55:58,760 --> 00:56:02,960 Speaker 1: And what did you study the UT I majored in history. 995 00:56:03,000 --> 00:56:06,719 Speaker 1: I was going to major in psychology because I was 996 00:56:06,960 --> 00:56:10,080 Speaker 1: enjoying in those classes. So much. But you needed to 997 00:56:10,120 --> 00:56:14,480 Speaker 1: take analytical geometry and statistics and I did not. I 998 00:56:14,719 --> 00:56:17,839 Speaker 1: took analytical geometry, had no clue what they were talking about, 999 00:56:17,960 --> 00:56:21,480 Speaker 1: ended up dropping it. So I minored in psychology, basically 1000 00:56:21,480 --> 00:56:25,920 Speaker 1: taking every class except those, and majored in history. Okay, 1001 00:56:26,000 --> 00:56:28,919 Speaker 1: you graduate from UT do you immediately go to law 1002 00:56:28,960 --> 00:56:31,040 Speaker 1: school or do you take time off? No? I went. 1003 00:56:31,120 --> 00:56:33,480 Speaker 1: I went directly to law school. Less common in those 1004 00:56:33,560 --> 00:56:35,680 Speaker 1: days to take time off than it would be today. 1005 00:56:36,080 --> 00:56:38,319 Speaker 1: To what degree did you go to law school because 1006 00:56:38,320 --> 00:56:41,920 Speaker 1: your father was a lawyer? Big part of it. Um. 1007 00:56:41,960 --> 00:56:47,000 Speaker 1: But at the same time, I always enjoyed arguing, I 1008 00:56:47,040 --> 00:56:50,160 Speaker 1: always enjoyed logic. I always enjoyed, you know, trying to 1009 00:56:50,719 --> 00:56:54,279 Speaker 1: understand complex things, make them simple, figure out how to 1010 00:56:54,480 --> 00:56:57,399 Speaker 1: what motivates people, and how to move things from one 1011 00:56:57,440 --> 00:56:59,880 Speaker 1: side to the other. So it played very much into 1012 00:57:00,000 --> 00:57:02,719 Speaker 1: what I was interested in. And your desire was to 1013 00:57:02,760 --> 00:57:07,520 Speaker 1: go to Harvard. Yes, and you know, I'm needless to say, 1014 00:57:07,520 --> 00:57:10,120 Speaker 1: there's the one l book, there's you know, there's the 1015 00:57:10,120 --> 00:57:13,399 Speaker 1: paper Chase. What was your experience at Harvard Law School? Well, 1016 00:57:13,440 --> 00:57:17,280 Speaker 1: paper Chase was written by one of my classmates. Um, 1017 00:57:17,320 --> 00:57:20,000 Speaker 1: but I I and I loved it. At Harvard Law School, 1018 00:57:20,120 --> 00:57:23,800 Speaker 1: I thought it was the most intellectually challenged I've ever 1019 00:57:23,840 --> 00:57:27,080 Speaker 1: been in my life. It was a lot of really interesting, 1020 00:57:27,160 --> 00:57:30,160 Speaker 1: bright people in my class. I thought the professors, you know, 1021 00:57:30,240 --> 00:57:32,800 Speaker 1: some of them were dullards, but for the most part, 1022 00:57:33,080 --> 00:57:36,040 Speaker 1: we're interesting and engaging. And I was intrigued by the 1023 00:57:36,040 --> 00:57:40,240 Speaker 1: subject matter. So I really enjoyed the experience. And you 1024 00:57:40,360 --> 00:57:44,520 Speaker 1: graduate in what's the plan? Um? The plan was. I 1025 00:57:44,560 --> 00:57:49,040 Speaker 1: had two offers, one from a I thought I wanted 1026 00:57:49,080 --> 00:57:51,800 Speaker 1: to be a tax lawyer originally when I went to 1027 00:57:52,040 --> 00:57:55,240 Speaker 1: law school because I liked tax and intricate problems and 1028 00:57:55,760 --> 00:58:00,320 Speaker 1: um and so. But then after my second year, I 1029 00:58:00,320 --> 00:58:03,440 Speaker 1: saw a firm put up a thing that said entertainment 1030 00:58:03,480 --> 00:58:05,680 Speaker 1: law was one of their specialties, and I've never heard 1031 00:58:05,680 --> 00:58:08,400 Speaker 1: of it, and I thought, oh, that sounds like fun. 1032 00:58:08,880 --> 00:58:12,120 Speaker 1: And so I was thinking about whether I should go 1033 00:58:12,120 --> 00:58:14,560 Speaker 1: to an entertainment firm or a tax firm. But I 1034 00:58:14,640 --> 00:58:17,040 Speaker 1: decided to try a tax firm. A firm here and 1035 00:58:17,040 --> 00:58:20,200 Speaker 1: I lay called Irell and Manella, which is now mostly litigation, 1036 00:58:20,280 --> 00:58:23,960 Speaker 1: but then was a premier tax firm, and I had 1037 00:58:24,000 --> 00:58:26,120 Speaker 1: an offer from them. So I took a summer clerkship 1038 00:58:26,160 --> 00:58:28,880 Speaker 1: with them, and while I was here, I interviewed with 1039 00:58:29,320 --> 00:58:32,080 Speaker 1: several entertainment firms, including the one I worked for now, 1040 00:58:32,600 --> 00:58:34,880 Speaker 1: And when I graduated, I had an offer from both 1041 00:58:34,920 --> 00:58:37,240 Speaker 1: at an offer from my real and an offer from 1042 00:58:37,800 --> 00:58:40,800 Speaker 1: a gang Tire, which is my current firm, and I 1043 00:58:40,840 --> 00:58:42,880 Speaker 1: went back and forth about it, but I really said, 1044 00:58:43,200 --> 00:58:45,280 Speaker 1: you know, come over here and do tax work and 1045 00:58:45,320 --> 00:58:47,640 Speaker 1: we're going to start an entertainment area. You can do both. 1046 00:58:47,720 --> 00:58:49,480 Speaker 1: You can be part of the beginning of it. And 1047 00:58:49,520 --> 00:58:52,360 Speaker 1: it sounded intriguing and I ended up going there, and 1048 00:58:52,560 --> 00:58:55,400 Speaker 1: as soon as I got there it was not a 1049 00:58:55,440 --> 00:58:59,040 Speaker 1: good experience. They put me into mergers and acquisitions, which 1050 00:58:59,040 --> 00:59:01,200 Speaker 1: I had no interest and I wasn't doing tax I 1051 00:59:01,240 --> 00:59:04,720 Speaker 1: wasn't doing entertainment. And I stayed there about it, and 1052 00:59:04,760 --> 00:59:07,560 Speaker 1: then I took a class at USC on the music business, 1053 00:59:07,800 --> 00:59:11,480 Speaker 1: talked by Jay Cooper and Irwin O. Spegel old timer's. 1054 00:59:12,040 --> 00:59:16,920 Speaker 1: Uh Jay's still around, Irwin isn't um And it was 1055 00:59:16,960 --> 00:59:19,040 Speaker 1: so much fun. I thought I'm wasting my time. So 1056 00:59:19,360 --> 00:59:21,280 Speaker 1: I went back to gang Tire said, hey, I made 1057 00:59:21,280 --> 00:59:25,720 Speaker 1: a mistake, and uh, fortunately they let me switch and 1058 00:59:25,760 --> 00:59:29,160 Speaker 1: I've been there ever since. And how long after how 1059 00:59:29,200 --> 00:59:31,640 Speaker 1: long did you actually work at IRAL in Manoa? About 1060 00:59:31,680 --> 00:59:38,320 Speaker 1: eighteen months? Okay, So you start at gang Tire in 1061 00:59:38,440 --> 00:59:43,520 Speaker 1: what year, nineteen seventy two? Okay, you know there are 1062 00:59:43,560 --> 00:59:47,480 Speaker 1: billboards on Sunset, the music businesses burgeoning. Do they immediately 1063 00:59:47,520 --> 00:59:50,200 Speaker 1: put in music or I don't know about gang tied 1064 00:59:50,280 --> 00:59:53,720 Speaker 1: or what degree there in other entertainment venues. Yeah, they 1065 00:59:53,880 --> 00:59:56,080 Speaker 1: Their theory was you should do a bit of everything. 1066 00:59:56,160 --> 00:59:58,520 Speaker 1: So I was doing film, I was doing music, and 1067 00:59:58,520 --> 01:00:01,160 Speaker 1: they were doing litigation in those days, which I did 1068 01:00:01,200 --> 01:00:04,000 Speaker 1: not particularly enjoy, but it was part of the process. 1069 01:00:04,080 --> 01:00:06,520 Speaker 1: I ended up, in fact, doing two trials with a 1070 01:00:06,600 --> 01:00:09,480 Speaker 1: senior partner. But I couldn't wait to get out of litigation. 1071 01:00:10,120 --> 01:00:13,760 Speaker 1: Uh and uh. And I was so passionate about music 1072 01:00:13,800 --> 01:00:15,800 Speaker 1: that they eventually sort of got it and let me 1073 01:00:16,000 --> 01:00:18,960 Speaker 1: start moving into the music as opposed to the film 1074 01:00:18,960 --> 01:00:21,720 Speaker 1: and TV side of it. And who was the boss 1075 01:00:21,720 --> 01:00:25,080 Speaker 1: of the music in when you did that, Well, Bruce 1076 01:00:25,160 --> 01:00:27,320 Speaker 1: Raymer was doing a lot of it, and Payson Wolfe, 1077 01:00:27,360 --> 01:00:30,160 Speaker 1: who was really my mentor, was was doing most of it. 1078 01:00:30,600 --> 01:00:34,479 Speaker 1: When I started out, the firm was representing almost all 1079 01:00:35,520 --> 01:00:39,680 Speaker 1: record companies and publishing companies on the corporate side, and uh, 1080 01:00:40,160 --> 01:00:43,640 Speaker 1: my heart was always on the artist side. But it 1081 01:00:43,680 --> 01:00:46,800 Speaker 1: was enormously good training. In those days, they didn't have 1082 01:00:46,880 --> 01:00:50,000 Speaker 1: as much in house capability, so the larger deals they 1083 01:00:50,000 --> 01:00:52,360 Speaker 1: would farm out to us and we were So I 1084 01:00:52,400 --> 01:00:56,240 Speaker 1: got this great training doing really sophisticated deals on behalf 1085 01:00:56,240 --> 01:00:58,800 Speaker 1: of the record label, dealing with all the talent lawyers 1086 01:00:58,800 --> 01:01:01,360 Speaker 1: in town, and learned a draft and I learned what 1087 01:01:01,400 --> 01:01:05,080 Speaker 1: everybody was asking for and it was a fabulous education. 1088 01:01:05,200 --> 01:01:07,720 Speaker 1: But my heart was on the artist side. So I 1089 01:01:07,760 --> 01:01:11,160 Speaker 1: set out to build an artist practice. And how long 1090 01:01:12,520 --> 01:01:14,640 Speaker 1: did you were you at gang Tied before you started 1091 01:01:14,680 --> 01:01:20,840 Speaker 1: working on the other side. Um, well, it was gradual, 1092 01:01:21,040 --> 01:01:23,440 Speaker 1: because you know, that wasn't most of our business. So 1093 01:01:23,560 --> 01:01:25,920 Speaker 1: I had to build the artist thing from scratch. I 1094 01:01:25,960 --> 01:01:29,080 Speaker 1: started doing it pretty quickly, just but that was because 1095 01:01:29,120 --> 01:01:31,400 Speaker 1: I just took anybody to walked in the door. Um, 1096 01:01:31,960 --> 01:01:34,480 Speaker 1: I go to be in my showcases, I go to uh, 1097 01:01:34,520 --> 01:01:37,760 Speaker 1: you know, just ask anybody to send me whatever, because 1098 01:01:37,800 --> 01:01:40,040 Speaker 1: I just wanted to get experience and I wanted to 1099 01:01:40,080 --> 01:01:43,080 Speaker 1: start to get into the artist world. So that begs 1100 01:01:43,080 --> 01:01:45,640 Speaker 1: a question, although you're referencing it, to what degree did 1101 01:01:45,680 --> 01:01:48,440 Speaker 1: you work trying to get a client base, and how 1102 01:01:48,480 --> 01:01:52,440 Speaker 1: did you actually get a client bass Um slowly was 1103 01:01:52,480 --> 01:01:55,760 Speaker 1: the answer. But yes, it was something very intentional and 1104 01:01:55,800 --> 01:01:58,720 Speaker 1: something I worked very hard for. It was My theory 1105 01:01:58,880 --> 01:02:01,200 Speaker 1: was is that if I met as many people as 1106 01:02:01,240 --> 01:02:04,080 Speaker 1: possible that were my age, then when they grew up 1107 01:02:04,080 --> 01:02:06,480 Speaker 1: in the business, I have relationships. I knew that was 1108 01:02:06,520 --> 01:02:08,960 Speaker 1: a long term strategy, but I didn't think a bad one. 1109 01:02:09,320 --> 01:02:11,720 Speaker 1: And then I just went out and not as many 1110 01:02:11,760 --> 01:02:15,120 Speaker 1: people as I could. I remember you you were speaking 1111 01:02:15,160 --> 01:02:19,240 Speaker 1: once at the Beverly Hills Bar Association, probably ninety or something. 1112 01:02:19,360 --> 01:02:22,040 Speaker 1: Did you consciously take all those speaking gigs to drive 1113 01:02:22,080 --> 01:02:26,280 Speaker 1: your business? I did, uh, and that and I like 1114 01:02:26,360 --> 01:02:29,280 Speaker 1: speaking anyway. Um Uh, as a friend of mine says, 1115 01:02:29,280 --> 01:02:33,240 Speaker 1: I'll go miles to hear myself speak. So what was 1116 01:02:33,280 --> 01:02:37,320 Speaker 1: the turning point? What client pushed you into? Uh? The 1117 01:02:37,480 --> 01:02:41,920 Speaker 1: story you are now? Um. Probably Heart was the first one, 1118 01:02:42,160 --> 01:02:45,040 Speaker 1: and then Tina Turner was the second. I think when 1119 01:02:45,160 --> 01:02:48,720 Speaker 1: when I had both of them, that really changed the game. 1120 01:02:48,960 --> 01:02:52,560 Speaker 1: And how did you get them? Uh? Different ways? Heart 1121 01:02:52,640 --> 01:02:55,360 Speaker 1: came through their producer was a client of mine and 1122 01:02:55,400 --> 01:02:57,760 Speaker 1: they were looking to make a change, and he got 1123 01:02:57,800 --> 01:03:01,560 Speaker 1: me an introduction to him. Uh. Tina came through her manager, 1124 01:03:01,640 --> 01:03:04,240 Speaker 1: who I had met on the other side of a deal, 1125 01:03:04,760 --> 01:03:08,160 Speaker 1: uh where we were representing, and I got to know 1126 01:03:08,280 --> 01:03:10,160 Speaker 1: him and when he looked to make a change, he 1127 01:03:10,240 --> 01:03:14,920 Speaker 1: called okay. So this always pigs a question when you're 1128 01:03:14,920 --> 01:03:18,400 Speaker 1: an attorney, do you look back and say, not specifically 1129 01:03:18,400 --> 01:03:20,320 Speaker 1: with the act you mentioned, Oh, if I knew what 1130 01:03:20,360 --> 01:03:22,880 Speaker 1: I do now, I screwed up. Yeah, you know, I 1131 01:03:23,760 --> 01:03:26,440 Speaker 1: honestly don't. I mean, obviously I made mistakes along the 1132 01:03:26,440 --> 01:03:30,040 Speaker 1: way everybody does. I don't know that I would change 1133 01:03:30,080 --> 01:03:33,240 Speaker 1: the overall strategy. It was just frustrating because it took 1134 01:03:33,240 --> 01:03:37,440 Speaker 1: a long time. Um, and uh, I watched guys my age, 1135 01:03:37,560 --> 01:03:40,600 Speaker 1: you know, sale passed me and and do better, and 1136 01:03:40,640 --> 01:03:44,280 Speaker 1: that was that was frustrating and a little disconcerting. But 1137 01:03:44,400 --> 01:03:46,880 Speaker 1: I you know, I was I just determined to be 1138 01:03:46,920 --> 01:03:49,200 Speaker 1: the tortoise in the race, if not the hair and 1139 01:03:49,560 --> 01:03:52,520 Speaker 1: it came I think in the time frame that it 1140 01:03:52,560 --> 01:03:56,520 Speaker 1: should have. But I can't point to any particular thing 1141 01:03:56,560 --> 01:03:59,040 Speaker 1: that I think is a major change. And to what 1142 01:03:59,120 --> 01:04:03,800 Speaker 1: did we do? These acts change attorneys at this point? Yeah, 1143 01:04:04,120 --> 01:04:06,000 Speaker 1: it depends on the artist. I mean, you know there 1144 01:04:06,000 --> 01:04:10,040 Speaker 1: are people that change attorneys like they change their sneakers. Uh, 1145 01:04:10,080 --> 01:04:12,600 Speaker 1: and there's other people that stick around for years and years. 1146 01:04:13,520 --> 01:04:16,200 Speaker 1: Our philosophy is different from a lot of our competitors. 1147 01:04:16,400 --> 01:04:21,080 Speaker 1: Were a very small firm. There's only three lawyers doing music. Uh, 1148 01:04:21,160 --> 01:04:24,720 Speaker 1: and do paralegals and uh. We want to be able 1149 01:04:24,760 --> 01:04:27,600 Speaker 1: to give really and you know, hands on service to 1150 01:04:27,720 --> 01:04:30,520 Speaker 1: a few number of clients. So we're selective about it. 1151 01:04:30,640 --> 01:04:32,240 Speaker 1: We take and one of the things we look for 1152 01:04:32,560 --> 01:04:35,040 Speaker 1: is someone that we think, uh, you know, is a 1153 01:04:35,040 --> 01:04:37,400 Speaker 1: good person and that we can have a long term 1154 01:04:37,400 --> 01:04:40,520 Speaker 1: relationship with. And your name is finally on the door. 1155 01:04:40,600 --> 01:04:44,880 Speaker 1: How did that happen? Oh? Just maybe just because it 1156 01:04:45,000 --> 01:04:49,400 Speaker 1: was time? Okay, So can you tell us a couple 1157 01:04:49,440 --> 01:04:53,240 Speaker 1: of tales from your career? Uh that you know that 1158 01:04:53,520 --> 01:04:57,080 Speaker 1: people would like to hear around the fire. Unfortunately, a 1159 01:04:57,120 --> 01:04:59,480 Speaker 1: lot of what I talk, you know, I've learned I 1160 01:04:59,520 --> 01:05:04,720 Speaker 1: can't talk about because attorney client privilege. Yeah, exactly. UM, 1161 01:05:05,040 --> 01:05:07,520 Speaker 1: so it may be a little too general of a question. 1162 01:05:07,680 --> 01:05:12,479 Speaker 1: So okay, now you have other interests for someone who's 1163 01:05:12,480 --> 01:05:14,560 Speaker 1: working so hard. First, let's talk about the book. How 1164 01:05:14,600 --> 01:05:17,080 Speaker 1: did you decide to write the book? Well, I was 1165 01:05:17,200 --> 01:05:20,040 Speaker 1: teaching the class. I told you I took at USC 1166 01:05:20,200 --> 01:05:23,880 Speaker 1: on the music business. I ended up teaching, and I 1167 01:05:23,920 --> 01:05:28,200 Speaker 1: was taught it for about three years, and it dawned 1168 01:05:28,240 --> 01:05:31,920 Speaker 1: on me that I had in my class note outline 1169 01:05:32,480 --> 01:05:34,920 Speaker 1: the outline of a book. And there was only one 1170 01:05:34,960 --> 01:05:37,640 Speaker 1: book on the music business at the time, called This 1171 01:05:37,680 --> 01:05:43,040 Speaker 1: Business of Music, and it was it was a good resource, 1172 01:05:43,080 --> 01:05:45,400 Speaker 1: but it was very difficult to read, and even as 1173 01:05:45,400 --> 01:05:48,840 Speaker 1: a lawyer, I had trouble understanding parts of it. And 1174 01:05:49,040 --> 01:05:51,960 Speaker 1: I thought, you know, there's a need for a very 1175 01:05:52,000 --> 01:05:56,040 Speaker 1: easy to read overview for people who are musicians oriented. 1176 01:05:56,120 --> 01:05:59,440 Speaker 1: Their ears don't like to read. Uh, And you know, 1177 01:05:59,560 --> 01:06:01,600 Speaker 1: so I wanted to write something that was simple and 1178 01:06:01,640 --> 01:06:04,320 Speaker 1: easy to understand. I always wanted to write a book 1179 01:06:04,360 --> 01:06:07,040 Speaker 1: all my life. I started and stopped trying to write 1180 01:06:07,080 --> 01:06:10,160 Speaker 1: a book and never really finished one. And I thought, 1181 01:06:10,240 --> 01:06:12,680 Speaker 1: you know, here's a chance to put together a bunch 1182 01:06:12,720 --> 01:06:14,600 Speaker 1: of things. And I thought there was a need in 1183 01:06:14,640 --> 01:06:17,760 Speaker 1: the marketplace to do it. So I literally grabbed a 1184 01:06:17,840 --> 01:06:21,080 Speaker 1: dictaphone I started talking based on it, and uh, you know, 1185 01:06:21,120 --> 01:06:23,280 Speaker 1: about a year and a half later, I I had 1186 01:06:23,520 --> 01:06:27,280 Speaker 1: I had the book and was it instantly successful. I mean, 1187 01:06:27,320 --> 01:06:30,080 Speaker 1: I'm inside, so I'm viewing this you know a little differently, 1188 01:06:30,120 --> 01:06:32,280 Speaker 1: but a book like that has to sell a certain 1189 01:06:32,360 --> 01:06:35,040 Speaker 1: number of copies to be worthwhile. He what was the 1190 01:06:35,040 --> 01:06:38,640 Speaker 1: initial was the initial publisher Simon and Schuster. Yeah, it was. 1191 01:06:39,200 --> 01:06:42,600 Speaker 1: It was a story was I was at dinner at 1192 01:06:42,600 --> 01:06:45,440 Speaker 1: at an event next to Michael Ovits, who at the 1193 01:06:45,480 --> 01:06:48,120 Speaker 1: time was at the height of his powers, and I 1194 01:06:48,200 --> 01:06:50,240 Speaker 1: told him, was telling him about the book, and he said, oh, 1195 01:06:50,320 --> 01:06:52,880 Speaker 1: let me sell it for you. And I'm not an idiot. 1196 01:06:52,960 --> 01:06:55,440 Speaker 1: If Michael Evits wants to sell my book, I went sure. 1197 01:06:56,400 --> 01:06:58,720 Speaker 1: So I sent him the book and a week later 1198 01:06:58,760 --> 01:07:01,840 Speaker 1: I have two offers from uh, from two different publishers 1199 01:07:01,840 --> 01:07:03,560 Speaker 1: in New York. So I got on a plane and 1200 01:07:03,600 --> 01:07:05,960 Speaker 1: I went and I met him and Simon and Schuster. 1201 01:07:06,080 --> 01:07:08,400 Speaker 1: The editor who wanted it was a twenty seven year 1202 01:07:08,400 --> 01:07:10,080 Speaker 1: old guy at the time who was in a band 1203 01:07:10,120 --> 01:07:13,640 Speaker 1: on weekends and completely got the book and it was 1204 01:07:13,760 --> 01:07:17,240 Speaker 1: very helpful in terms of helping crafted as well. So 1205 01:07:17,840 --> 01:07:21,280 Speaker 1: I went with them, and uh, you know it was. 1206 01:07:21,440 --> 01:07:24,080 Speaker 1: It didn't happen immediately out of the box. It took 1207 01:07:24,120 --> 01:07:27,240 Speaker 1: time for people to get used to it and uh, 1208 01:07:27,280 --> 01:07:29,440 Speaker 1: and then I did a lot of fublicity around it 1209 01:07:29,680 --> 01:07:32,840 Speaker 1: at the time. And I thought, you know, it'll be 1210 01:07:32,880 --> 01:07:35,400 Speaker 1: a long, slow build, but it seemed to start to 1211 01:07:35,440 --> 01:07:38,080 Speaker 1: build and built by word of mouth. And we just 1212 01:07:38,440 --> 01:07:41,080 Speaker 1: released the tenth edition last year. And how do you 1213 01:07:41,120 --> 01:07:44,800 Speaker 1: decide to update it? I generally do it about every 1214 01:07:44,800 --> 01:07:48,560 Speaker 1: three years. This one took four years because streaming so 1215 01:07:48,800 --> 01:07:52,840 Speaker 1: up into the business that I had to seriously and 1216 01:07:52,960 --> 01:07:56,040 Speaker 1: radically rewrite the book, the most extensive rewrite since the 1217 01:07:56,040 --> 01:07:59,880 Speaker 1: first edition. Really, uh, and because it just I mean, 1218 01:08:00,000 --> 01:08:02,560 Speaker 1: things you wouldn't think about, like the CD royalties were 1219 01:08:02,600 --> 01:08:06,240 Speaker 1: first in the chapter on royalties. Well that's obviously almost 1220 01:08:06,240 --> 01:08:10,760 Speaker 1: irrelevant now, so they're not first anymore. The whole publishing section, 1221 01:08:11,080 --> 01:08:13,720 Speaker 1: the way the industry was shaped has changed over the 1222 01:08:13,800 --> 01:08:17,080 Speaker 1: last four years. It's just it's a very radical rewrite. 1223 01:08:17,960 --> 01:08:21,240 Speaker 1: And you have these other interests. You've written novels, you 1224 01:08:21,400 --> 01:08:25,000 Speaker 1: play poker, you have magic. Could cover those a little 1225 01:08:25,080 --> 01:08:29,920 Speaker 1: for us, sure. Basically, I'm a serial obsessive and I 1226 01:08:30,040 --> 01:08:33,880 Speaker 1: go to um, you know, I had intensely involved in something, 1227 01:08:34,200 --> 01:08:36,160 Speaker 1: and then I'll burn out and move on to something else. 1228 01:08:36,640 --> 01:08:39,680 Speaker 1: And I don't relax by doing nothing. I relaxed by 1229 01:08:39,720 --> 01:08:42,639 Speaker 1: doing something very different, but just as intense. I don't 1230 01:08:42,640 --> 01:08:45,400 Speaker 1: know why. It's just the way I'm wired. So uh. 1231 01:08:45,439 --> 01:08:47,240 Speaker 1: You know, magic was a hobby since I was a 1232 01:08:47,240 --> 01:08:50,200 Speaker 1: little kid. I drifted and out of that one UM 1233 01:08:50,320 --> 01:08:53,400 Speaker 1: Poker I've been playing the last number of years pretty 1234 01:08:53,439 --> 01:08:56,000 Speaker 1: seriously because I enjoy it. And I was in a 1235 01:08:56,040 --> 01:09:00,920 Speaker 1: regular dame until COVID hit UM the backgam and I 1236 01:09:01,000 --> 01:09:05,120 Speaker 1: started recently and uh and took some lessons and I 1237 01:09:05,200 --> 01:09:07,599 Speaker 1: found out that was fascinating because it turns out it's 1238 01:09:07,840 --> 01:09:11,559 Speaker 1: very mathematical, very strategic, and not that I love math 1239 01:09:11,600 --> 01:09:14,519 Speaker 1: all that much, but I can enough to understand how 1240 01:09:14,520 --> 01:09:17,080 Speaker 1: it works. Um and you know, and then I just 1241 01:09:17,200 --> 01:09:19,880 Speaker 1: drift in and out of various other interests. Well, I 1242 01:09:19,920 --> 01:09:24,400 Speaker 1: know you've written these books, these novels. Uh, do you 1243 01:09:24,640 --> 01:09:27,200 Speaker 1: has that something that sort of ended because you talk 1244 01:09:27,240 --> 01:09:31,120 Speaker 1: about being a serial obsessive. Has your focus changed from that? 1245 01:09:32,479 --> 01:09:34,920 Speaker 1: It comes in and out. Actually, I have another novel 1246 01:09:34,960 --> 01:09:38,200 Speaker 1: that I finished last year that I'm still editing and 1247 01:09:38,280 --> 01:09:42,400 Speaker 1: working on. Uh and uh. I I have someone optioned 1248 01:09:42,400 --> 01:09:44,920 Speaker 1: one of my novels for a motion picture, and I 1249 01:09:44,960 --> 01:09:47,040 Speaker 1: worked on the script for that no idea if it 1250 01:09:47,040 --> 01:09:49,400 Speaker 1: will actually ever get made. But that was fine. I've 1251 01:09:49,400 --> 01:09:52,360 Speaker 1: never done a script before, So it just depends I 1252 01:09:53,120 --> 01:09:55,720 Speaker 1: have to go with where the news takes me. And 1253 01:09:55,840 --> 01:09:58,680 Speaker 1: how bit a magician are you? I'm pretty good. I'm 1254 01:09:58,720 --> 01:10:01,479 Speaker 1: a magician member of the Magic Castle, which means you 1255 01:10:01,560 --> 01:10:04,479 Speaker 1: have to take a test in order to be admitted. 1256 01:10:05,439 --> 01:10:09,360 Speaker 1: And uh, you know cards mostly I'm I'm a bit rusty, 1257 01:10:09,439 --> 01:10:13,080 Speaker 1: but I could still fool you, okay. And how good 1258 01:10:13,080 --> 01:10:16,040 Speaker 1: a poker player are you? I'm pretty good. I play 1259 01:10:16,080 --> 01:10:19,000 Speaker 1: at pretty high level games. I wouldn't say I'm a 1260 01:10:19,040 --> 01:10:22,040 Speaker 1: great poker player because the guys that do it full 1261 01:10:22,040 --> 01:10:25,240 Speaker 1: time in the pros are obviously at a whole different 1262 01:10:25,320 --> 01:10:28,040 Speaker 1: level from where I play the game. But I can 1263 01:10:28,080 --> 01:10:30,080 Speaker 1: hold my own. I can play in a game and uh, 1264 01:10:30,360 --> 01:10:33,760 Speaker 1: and not you know, not be the complete dufus. So 1265 01:10:33,920 --> 01:10:35,640 Speaker 1: what kind of when you say it's serious, what kind 1266 01:10:35,680 --> 01:10:39,479 Speaker 1: of players? Oh? I mean, you know, it just depends 1267 01:10:39,479 --> 01:10:41,160 Speaker 1: on news. In the game. I'll go to I'll go 1268 01:10:41,200 --> 01:10:43,840 Speaker 1: down to Commerce where they have a the world's largest 1269 01:10:43,880 --> 01:10:46,599 Speaker 1: poker room, or I'll go to Vegas and that at 1270 01:10:46,640 --> 01:10:49,040 Speaker 1: the higher games, you're gonna get professionals and you're gonna 1271 01:10:49,080 --> 01:10:52,599 Speaker 1: get you know, serious players. Um, but it's it's you know, 1272 01:10:52,640 --> 01:10:54,599 Speaker 1: for me, it's just fun. I mean, I'm not gonna 1273 01:10:54,720 --> 01:10:57,599 Speaker 1: play with my I'm not gonna lose the house. Okay, 1274 01:10:57,680 --> 01:11:02,479 Speaker 1: So what's your biggest loss in your biggest win? Um 1275 01:11:02,560 --> 01:11:05,160 Speaker 1: M hmmm. I don't know. I mean, you know, I 1276 01:11:05,160 --> 01:11:08,479 Speaker 1: don't play gigantic stakes, but I think i've I've lost 1277 01:11:08,520 --> 01:11:10,400 Speaker 1: a few thousand in a session and I have won 1278 01:11:10,800 --> 01:11:15,080 Speaker 1: a few thousand in a session, but somewhere in that range. Okay, 1279 01:11:15,479 --> 01:11:18,080 Speaker 1: You've been through a lot of changes. You got in 1280 01:11:18,080 --> 01:11:20,439 Speaker 1: the business, went from vinyl to cassette. I think you 1281 01:11:20,439 --> 01:11:22,760 Speaker 1: were kind of you know, came in towards the end 1282 01:11:22,800 --> 01:11:25,160 Speaker 1: of the eight track. We went to c D, went 1283 01:11:25,200 --> 01:11:28,439 Speaker 1: to streaming, We went to touring being the dominant amount 1284 01:11:28,439 --> 01:11:30,920 Speaker 1: of money. If you look in the crystal ball, what 1285 01:11:30,960 --> 01:11:33,880 Speaker 1: do you see coming down the line? I think it's 1286 01:11:33,880 --> 01:11:36,559 Speaker 1: gonna be streaming for quite a while. I mean, I 1287 01:11:36,600 --> 01:11:39,760 Speaker 1: think it's such a good experience that I'm not sure 1288 01:11:39,760 --> 01:11:42,360 Speaker 1: what more you could want as as a consumer. The 1289 01:11:42,400 --> 01:11:44,559 Speaker 1: ability to listen to anything you want, any time you 1290 01:11:44,600 --> 01:11:47,040 Speaker 1: want it, and the ability to have it curated if 1291 01:11:47,040 --> 01:11:50,680 Speaker 1: you want to curated. Um, I think that's going to 1292 01:11:50,760 --> 01:11:53,400 Speaker 1: be the dominant thing for for quite a bit of time, 1293 01:11:53,560 --> 01:11:57,160 Speaker 1: I'm genuinely don't have I did see streaming coming a 1294 01:11:57,200 --> 01:12:01,519 Speaker 1: long time ago, before the technology is there, but I don't. 1295 01:12:01,600 --> 01:12:04,800 Speaker 1: I don't have a vision of what's coming next to you. Well, 1296 01:12:04,840 --> 01:12:08,040 Speaker 1: I think streaming is in because he's on demand. So 1297 01:12:08,600 --> 01:12:10,479 Speaker 1: that's we come to the end of the game, which 1298 01:12:10,520 --> 01:12:13,320 Speaker 1: is so much of what's happening in you know, we 1299 01:12:13,400 --> 01:12:15,280 Speaker 1: figured it out in the music business. They're still going 1300 01:12:15,280 --> 01:12:19,720 Speaker 1: through wrenching transitions in the movie business, television business, etcetera. 1301 01:12:19,840 --> 01:12:23,680 Speaker 1: But I was really asking overall, Okay, used to be 1302 01:12:23,760 --> 01:12:27,120 Speaker 1: the record companies were big banks. You went on tour 1303 01:12:27,160 --> 01:12:29,320 Speaker 1: to promote the record. You've made most of the money 1304 01:12:29,320 --> 01:12:33,200 Speaker 1: on the record. Now that has flipped. Okay, used to 1305 01:12:33,240 --> 01:12:36,360 Speaker 1: be record companies supported you over a period of albums. 1306 01:12:36,880 --> 01:12:40,479 Speaker 1: Right now hip hop is dominant on streaming services, not 1307 01:12:40,600 --> 01:12:44,759 Speaker 1: necessarily dominant on the road. Do you see any trends 1308 01:12:44,880 --> 01:12:49,519 Speaker 1: playing out? I think that, Um, I don't have a 1309 01:12:49,560 --> 01:12:52,160 Speaker 1: specific trend that I see, except to know that it's 1310 01:12:52,200 --> 01:12:55,160 Speaker 1: cyclical that I you know, never nothing ever goes in 1311 01:12:55,240 --> 01:12:57,760 Speaker 1: a straight line, and things come in and out of 1312 01:12:57,800 --> 01:13:00,320 Speaker 1: vogue and in and out of fashion. So I think 1313 01:13:00,360 --> 01:13:03,080 Speaker 1: that will change. I do think that there's something in 1314 01:13:03,120 --> 01:13:06,120 Speaker 1: the live experience that you don't get any other way, 1315 01:13:06,240 --> 01:13:09,800 Speaker 1: and so I think touring will always be around for 1316 01:13:09,840 --> 01:13:11,840 Speaker 1: the right kind of artists that can that can tour. 1317 01:13:12,400 --> 01:13:14,840 Speaker 1: But I don't see any any I mean, particularly now 1318 01:13:14,840 --> 01:13:16,920 Speaker 1: with COVID, it's pretty hard to spot much of anything. 1319 01:13:16,960 --> 01:13:19,559 Speaker 1: But I don't see a change in the trend hip hop. 1320 01:13:19,880 --> 01:13:21,519 Speaker 1: I think it has been nominant for quite a period 1321 01:13:21,560 --> 01:13:24,519 Speaker 1: of time. It's just a lot more blatant now. Okay, 1322 01:13:24,640 --> 01:13:26,439 Speaker 1: used to be the barrier to entry to be in 1323 01:13:26,479 --> 01:13:29,880 Speaker 1: the music business was very high, assuming getting a record deal. 1324 01:13:30,280 --> 01:13:32,760 Speaker 1: Now the barrier to entry is almost non existence. We 1325 01:13:32,800 --> 01:13:36,759 Speaker 1: can put anything up on these streaming services. In terms 1326 01:13:36,800 --> 01:13:41,120 Speaker 1: of your viewpoint, it would seem that the development period 1327 01:13:41,479 --> 01:13:45,120 Speaker 1: would be longer. And what do you say to new 1328 01:13:45,160 --> 01:13:48,880 Speaker 1: acts today? Well, honestly, I don't have a lot of 1329 01:13:48,880 --> 01:13:51,559 Speaker 1: interaction with brand new acts. I mean, by the time 1330 01:13:51,600 --> 01:13:54,080 Speaker 1: they get to me, um, they're usually a little bit 1331 01:13:54,120 --> 01:13:57,400 Speaker 1: farther along. But I think that the thing that I 1332 01:13:57,479 --> 01:13:59,559 Speaker 1: say in my book all you need to know about 1333 01:13:59,560 --> 01:14:02,080 Speaker 1: the music business is that you've got to build a 1334 01:14:02,120 --> 01:14:04,160 Speaker 1: bus before you go anywhere, and you've got to do 1335 01:14:04,200 --> 01:14:06,920 Speaker 1: it yourself because nobody's really going to do it for you. 1336 01:14:07,360 --> 01:14:09,519 Speaker 1: It's got to be you know, you've got to develop 1337 01:14:09,560 --> 01:14:11,800 Speaker 1: an online following. You've got to develop a fan base. 1338 01:14:11,840 --> 01:14:15,200 Speaker 1: You've got to uh, you know, get out and get 1339 01:14:15,240 --> 01:14:17,720 Speaker 1: a story, get some streaming, get some action, get some 1340 01:14:17,800 --> 01:14:22,040 Speaker 1: numbers on SoundCloud, on the streaming services before you can 1341 01:14:22,439 --> 01:14:24,639 Speaker 1: move it to the next level. Well, don I think 1342 01:14:24,680 --> 01:14:26,599 Speaker 1: we've come to the end of the feeling we've known. 1343 01:14:27,080 --> 01:14:30,960 Speaker 1: This has been extremely informative. We also learned more about 1344 01:14:30,960 --> 01:14:33,400 Speaker 1: who you actually are, where you come from. Thanks so 1345 01:14:33,479 --> 01:14:36,639 Speaker 1: much for doing this my pleasure. Thank you about until 1346 01:14:36,680 --> 01:14:38,519 Speaker 1: next time. This is Bob left stands