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Thursday, August 18, 2011

Michael Jackson and His Publishing

“Finally in 1995, at Sony and John Branca’s urging, Michael merged ATV publishing with Sony’s music publishing division. Sony became half owners of Michael’s valuable catalog, and in exchange Michael was paid $95 million and retained half ownership. This not only meant that Michael would share in the label’s profits, but that he also had to approve any moves the label wanted to make regarding the catalog. This power division soon became problematic because Michael was an artist first, and a businessman second. So, unlike his new partners, he was not motivated by an insatiable quest for profits. Often the decision that would have brought in the most money was not the one that Michael agreed with personally, so he didn’t allow it. For example, when Sony wanted to license Beatles songs for use in iTunes and other commercial ventures, Michael declined because he didn’t think John Lennon would have approved, after he spoke to Yoko Ono about it.

All of these deals should have put Michael in an exceptionally strong position, professionally and financially. But Sony had played Micheal. Branca, who by this point had been brought back in by Bert Fields, had not been clear with Michael about several alarming details of the contract. Only after he signed did Michael learn that the contract granted Sony the rights to his masters for much longer than he had thought. These masters would not revert to him until 2009. Did he get them back, or did Sony keep them? Who knows?...

Being an international pop star with a recording contract with one of the world’s biggest labels, Michael decided to turn his fortunes around by releasing a new album, Invincible, in October 2001. Only, just before the album dropped, Michael became suspicious of Sony. He began to fear that Sony purposely didn’t promote his album because they wanted him to be so in debt to them that he would have to sell them his share of their collective publishing venture. He became so angry that he told Sony head Tommy Mottola that he wanted an early exit from his record deal with Sony.

Soon after that, Michael’s album Invincible came out, and something strange happened. Those loyal fans that went to purchase Invincible found that it wasn’t available in stores. The promotion and distribution of Michael’s albums was the responsibility of just one entity, Sony. Here was one of the industry’s most successful labels, which had ushered Michael’s past albums into the world with fanfare. It was impossible to believe that they suddenly lost their ability to promote and distribute an album, especially one for an artist as famous and as adored as Michael Jackson. There could be just one explanation. At first, Michael didn’t want to believe it. But he told me he’d ultimately concluded that Sony had purposely sabotaged his album so it would not sell. By doing so, they hoped to make Michael so financially desperate that he would be forced to sell his controlling half of the catalog to Sony, which was what they had wanted all along...

Michael was raised to be extremely meek and religious. He disliked confrontation and preached a message of love. He would rather experience hardship than react negatively, even to a person who was harming him. Yet, here he was speaking out against Sony in the most aggressive way possible and organizing boycotts of their products, which led to a dip in their sales that quarter. I watched on TV as Michael held a press conference in which he told his fans, and the world at large, just what Sony was doing to him. He was so frightened that he was going to be killed throughout his press conference that he wore a bulletproof vest.” -From, Starting Over By: LaToya Jackson

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