Showing posts with label Entertainment. Show all posts
Showing posts with label Entertainment. Show all posts

Tuesday, September 2, 2008

ORIGINAL ARTWORK FOR THE ROLLING STONES' ICONIC "LIPS" LOGO SOLD TO LONDON MUSEUM

London's Victoria and Albert Museum announced Tuesday that it has purchased the original artwork for The Rolling Stones' iconic "lips" logo at auction in the United States for $92,500.

Arguably the most famous rock music logo, the lips-and-tongue logo was designed in 1970 by London art student John Pasche and was first used on the cover of the band's "Sticky Fingers" album released in 1971.

Guardian Newspaper of the UK reports that Pasche was a 24-year-old design student at London's Royal College of Art when Mick Jagger came looking for new artwork talent because Jagger was unhappy with the Rolling Stones' record company artists. After meeting with Jagger, Pasche designed a tour poster and was commissioned to design a band logo.

Pasche said the lips-and-tongue design came about rather naturally. "Mick had a picture of Kali, the Hindu goddess, which he was very keen on. India was very much in fashion at the time, but I thought something like that might go out of date."

"I wanted something anti-authority, but I suppose the mouth idea came from when I met Jagger for the first time at the Stones' offices." Pasche continues, "I went into this sort of wood-paneled boardroom and there he was. Face to face with him, the first thing you were aware of was the size of his lips and his mouth."

The Guardian reports Pasche was originally paid L50 for the design. Then, when the Rolling Stones copyrighted the design, Pasche received a share of royalty rights, which he later sold for a lump sum.

The $92,500 purchase price paid by Victoria and Albert Museum for the "lips" original artwork seems to be a relative bargain, considering the notoriety and continued viability of the logo. The "lips" are rock music history.

Saturday, August 23, 2008

FCC APPROVES XM-SIRIUS SATELLITE RADIO MERGER UNITING 18.5 MILLION SUBSCRIBERS; FOLLOW-UP TO JUNE 30TH XM-SIRIUS ARTICLE

On July 25, 2008, the Federal Communications Commission, after a 16-month review, announced its approval of the XM-SIRIUS satellite radio merger. FCC approval provides the green-light for the merger as the FCC is the top communications regulator.

FCC commissioner Deborah Taylor Tate cast the deciding vote in a 3-2 decision, after the two companies agreed to a $19 million "consent decree" agreement in late June, which addressed prior dealings that created anti-trust issues.

From the outset, competitors and critics have challenged the merger as a violation of federal anti-trust laws.

One particular issue addressed in the FCC's consent decree is the use of "terrestrial repeaters," which both companies conceded were put in unauthorized locations. The violation is of note.

As John Eggerton reported for Broadcasting & Cable on July 24, 2008, the FCC launched a 2006 investigation in to the repeaters and radios [used by the two companies], which included FM transmitters that did not comply with FCC rules.

In addition, as former FCC chief of staff, Blair Levon, points out in a July 25, 2008, BusinessWeek article, "The biggest question mark is how this product thrives in an era of difficult financing and where people have alternative means of getting radio..."

No doubt, profitability is a critical issue for XM and SIRIUS, as the two companies have racked-up years of heavy losses on the way to the current merger. In short, it has been a long road for investors, and it seems patience may be running out.

The news of the XM-SIRIUS merger has done little to slow company losses. In fact, as BusinessWeek reports, since the deal was announced in February 2007, SIRIUS shares have plunged 43%, to 2.25 as of July 25, 2008, while XM stock has tumbled 40%, to 9.28.

Here is the BusinessWeek article referenced above (FCC Approves the XM-Sirius Merger) and the B & C article referenced above (FCC Approves XM-Sirius Merger), for more.

Tuesday, July 22, 2008

U.S. COURT OF APPEALS FOR THIRD CIRCUIT RULES CBS IS NOT LIABLE FOR JANET JACKSON SUPER BOWL 2004 WARDROBE MISHAP

As Super Bowl viewers may remember, Janet Jackson lost part of her wardrobe while performing with Justin Timberlake during the 2004 centerpiece half-time show, revealing - for less than a second - Jackson's bare chest.

An estimated 90 million viewers world-wide watched when Jackson's top fell as Timberlake danced closely behind Jackson while singing, "Gonna have you naked by the end of this song."

The FCC deemed the mishap inappropriate and, possibly, willful. In response, the FCC fined CBS, the network host of the 2004 Super Bowl, $550,000 for Jackson's wardrobe failure. The FCC was not alone in questioning whether the Jackson wardrobe mishap was truly accidental.

Regardless, on Monday July 21, the U.S. Court of Appeals for the Third Circuit threw out the FCC fine against CBS. In overturning the CBS fine, the Court of Appeals found that the FCC deviated from its thirty-year practice of fining indecent broadcast programming only when it is so "pervasive as to amount to 'shock treatment' for the audience."

The federal appellate court, while not deciding whether the incident was willful or inadvertent, found that the fleeting nature of the event, and the FCC's deviate approach in dealing with the issue, as opposed to its previous responses to network broadcasting indecencies, did not warrant the fine imposed on CBS.

In its finding, the court emphasized that, while the FCC has discretion in its enforcement powers, "...it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."

FCC Chairman Kevin Martin expressed his frustration with the decision, "I continue to believe that this incident was inappropriate, and this only highlights the importance of the Supreme Court's consideration of our indecency rules this fall."

It is unlikely that the FCC will appeal this court's ruling. Instead, it will push to re-establish its enforcements powers for indecent broadcasts, based on an important Supreme Court ruling that is expected later this year.

A similar decision by the Second Circuit Court of Appeals last June is of note. There, the federal appellate court, in reviewing Bono's use of the f-word at the 2003 Golden Globe Awards, concluded that the FCC's 2004 declaration that "fleeting expletives" should be subject to a hefty fine was "arbitrary and capricious."

In short, the federal courts have not accepted the FCC's aggressive enforcement policies of recent years. The US Supreme Court will weigh in next.

Saturday, July 19, 2008

REGGAE ON THE RIVER SETTLEMENT DETAILS ANNOUNCED, THE TERMS OF WHICH MAY LEAVE MANY HUMBOLDT COUNTY OBSERVERS FRUSTRATED

The Mateel Community Center and People Productions/Dimmick Ranch have agreed to final settlement of their dispute over the 23-year running REGGAE ON THE RIVER music festival in Humboldt County, California.

In short, People Productions/Dimmick Ranch will pay the MCC $500,000, all lawsuits will be dropped, and the MCC will have no rights to produce REGGAE ON THE RIVER on the Dimmick Ranch property, and an adjoining parcel, where the world-famous festival had been produced for 23 consecutive years before the dispute arose.

This leaves People Productions/Dimmick Ranch in full control of events produced on Dimmick Ranch. This will be the second year that the replacement event, REGGAE RISING, will be produced on the Dimmick Ranch property. And, as has been the case for many years, the event is expected to sellout all 12,500 to 14,000 admission, parking, and camping passes released for the three-day event.

The new PP/Dimmick Ranch partnership will also produce a Willie Nelson show in late August on the same property, which is expected to draw at least five-thousand people, as the first non-reggae event produced at the Dimmick Ranch.

These two August 2008 events alone will, likely, net enough income to pay off the entire $500,000 MCC settlement, just months after a settlement was finally reached.

This, effectively, concludes the much-criticized but successful takeover of the event by PP/Dimmick Ranch, and leaves the MCC well-short of income and expectations that the MCC held under the earlier long-term relationship. The MCC does, however, retain its rights in the REGGAE ON THE RIVER trademark, which is now, arguably, substantially devalued.

On the other hand, for People Productions and Dimmick Ranch, the sky is the limit. The two new partners must be feeling pretty good, because this is a major coup. To give perspective, the annual three-day reggae and international music festival has consistently grossed in excess of $3.5 million per year, and is considered by most to be the premier reggae music festival in the world.

Perhaps the linchpin to the takeover of the event by PP and Dimmick Ranch, occurred last winter, when a Humboldt County court denied the MCC injunctive relief in the early stages of litigation, allowing People Productions to bowl-over the ROTR event with its own identical event, on the same property, on the same dates, using the same established relationships, resources, and infrastructure.

Another important problem for the MCC in maintaining its position and interests, was the Humboldt County permit department's decision to allow all permits to produce the event to become under the control of PP/Dimmick Ranch, despite the fact that the permits had originally been granted to the MCC.

However, neither of these two important rulings were challenged by the MCC, perhaps because the MCC's financial resources were now limited due to the ongoing dispute.

In fact, it became apparent to many observers close to the ongoing controversy that the MCC had become particularly disadvantaged in the legal proceedings because of its financial position.

The result is that the MCC, in an understandable but perhaps compromised decision, accepted a pay-out settlement, and the arbitration judge's "arm-twisting" and warning that "no one will win this litigation."

It seems evident, however, that someone did win this litigation, and it is not the MCC.

Here is the first MCC press release on the settlement:
Mateel Signs Peace Accord with Dimmick, People Productions

The Mateel Community Center Board of Directors has agreed to drop its claims against Tom Dimmick and Carol Bruno’s People Productions rather than to continue to battle in the courtroom. In return, Dimmick and Bruno will pay Mateel a half million dollars. They will also dismiss all of their lawsuits against the Mateel, its staff and Board of Directors. The Mateel will retain ownership of its trademark, Reggae on the River, kicking off a new era of Reggae this coming Saturday at Benbow Lake State Park.

We feel the need to get on with our lives is important to many people in the community, and that the courtroom drama only continued to hold us all hostage to a future of fighting over a very uncertain outcome. The months of legal battling, the cost of the lawsuit to Mateel donors, and a desire to get on with our real job-running the Community Center, has led us to this difficult decision. Both sides were also motivated strongly by Judge Warren, who twisted everyone’s arms to get us to settle the case. At this point, we feel the settlement path best fulfills our fiduciary duty as the Board of Directors of the Mateel.

We are ever so grateful to the hundreds of community members who’ve supported us through this difficult struggle. It’s been amazing to watch the outpouring of people’s energy to help at the Mateel—something which will need to continue for the Mateel to thrive as a local Community Center. While we believe that the $500,000 isn’t nearly enough, it will help to re-establish a modest reserve for the Mateel, as well as help pay for long-deferred maintenance of the building. But the future of the Mateel no longer lies at the feet of a monster Reggae show—in fact, it remains in the capable hands of the people of Southern Humboldt, and the Mateel will remain strong with ongoing community support.

WHEN IT COMES TO TOURS FOR RAP AND HIP-HOP MUSIC ARTISTS, THE BUCK STOPS WITH CARA LEWIS, THE NO-NONSENSE WILLIAM MORRIS AGENT IN NEW YORK

For nearly three decades, RAP music, and its less obtrusive Hip-Hop music counterpart, has been developed by aggressive and impressive record producers, record labels, and urban music industry entrepreneurs. In fact, many of these personalities are the bread and butter of the pop music industry today.

However, when it comes to touring these artists, and placing them in productive and reliable live performance situations, it has not been an easy road. This was particularly true in the early years of gaining acceptance for the genre. At the time, there were many skeptics. Today the skeptics have been quieted, as RAP and Hip-Hop touring has become one of the most viable commodities of the touring industry.

One agent, Cara Lewis, Senior VP of Talent at William Morris New York, is almost single-handedly responsible for this result.

Cara Lewis joined William Morris as an agent in 1989, and she has led the way in Hip-Hop touring ever since. Her aggressive, no-nonsense approach has set the standard for the development of RAP and Hip-Hop music as a viable live performance commodity, ever sense.

No other agent has close to the influence that Lewis has in RAP and Hip-Hop music touring. If you are talking Hip-Hop touring, you are talking Cara Lewis.

In fact, numerous important agents in the industry, representing many top Hip-Hop and RAP artists now, began their careers in Cara Lewis' William Morris NY office. This includes Peter Schwartz, VP of Talent at the Agency Group, and Eric Wilson, VP of Talent at the Evolution Agency.

Lewis' early success came with artists such as A Tribe Called Quest, De La Soul, Ice Cube, Snoop Dogg, and the new, lighter-sound of groups like the Fugees. Her roster quickly grew to become the toughest and the tightest in the evolving genre.

At the time, there were fewer opportunities and fewer promoters that were receptive to RAP and Hip-Hop music. Promoters listened to the music, and played it in their clubs, but they didn't want to promote the live shows. However, in time, the credibility and viability of touring these artists was established. And, it was Lewis' relentless approach that made this happen.

Now, Lewis' roster is the who's who of RAP and Hip-Hop music. Artists that she currently represents include 50 Cent, Eminem, Ludacris, Sean "Diddy" Combs, Erykah Badu, Gnarls Barkley, Snoop Dogg, Ice Cube, Wyclef Jean, Nas, and Nelly, just to name a few.

Lewis is a yearly nominee and award winner at the annual Pollstar music industry awards, and her roster only continues to grow. She now also tours some of the biggest names in Reggae music, representing Ziggy and Damian Marley, as well as dancehall superstar Sean Paul. Other genres are also mixed in to Lewis' William Morris roster. Alicia Keys is just one example.

Another accomplishment for Lewis is the Smoking Grooves Tour, which was the first multi-artist urban music tour to be placed in 20,000 seat amphitheaters around the country. Prior to Smoking Grooves, the "sheds" were not particularly receptive to the burgeoning Hip-Hop music culture. Now, Hip-Hop and RAP artists are regular faces in the community of top-level touring.

Friday, July 18, 2008

MONTEREY PENINSULA AND LITTLE BIG MAN JOIN IMPRESSIVE ROSTERS TO BECOME, PERHAPS, THE PREMIER MUSIC AGENCY; OFF-SHOOT HIGH ROAD TOURING ON PACE

In recent years, New York based Paradigm Artists has made major moves to become, perhaps, the premier artist agency in the music industry.

In 2004, Paradigm purchased Monterey Peninsula Artists, the wildly-successful agency based in Monterey, California. In 2006, Paradigm purchased the New York based Little Big Man Booking, which was considered by many to be the top boutique music agency. This joins two impressive rosters that compliment each other perfectly. The combination also brings together many of the top talent agents in music touring.

At the time of the 2006 purchase, Marty Diamond and Larry Webman's Little Big Man Booking had been named the boutique agency of the year for nine out of ten consecutive years. Over the years, Monterey Peninsula Artists has consistently been named a top major agency by Pollstar, out of only a handful of major agencies.

Both companies, have numerous agents that have won the coveted Pollstar agent of the year award, and the combination of agents and expertise is impressive. The combined roster now includes the biggest of the biggest names in almost all genres of music.

Similar success has been found by Frank Riley and his High Road Touring agency. Frank Riley was one of Monterey Peninsula's top agents when he left the company in 2001 to create the Sausalito, California, based High Road Touring.

Since its 2001 inception, HRT has repeatedly been nominated as the premier boutique agency of the year at the Pollstar Awards, and it won the award in 2008 at the 19th Annual Pollstar industry awards.

HRT's impressive roster includes over 100 well-known acts, the likes of which include Wilco, Feist, Lucinda Williams, Son Volt, and Ween, to name a few. Riley's HRT includes agents who developed their expertise in San Francisco. HRT agent Lisa O'Hara was the talent buyer for the world-famous Great American Music Hall before joining HRT, and Matt Hickey came over from the successful San Francisco based agency Rosebud.

High Road Touring's roster is as eclectic as it is impressive. It is also a roster that is very tour-oriented, which, of course, is good for the bottom line of a talent agency. HRT is on the high road. [More Soon]

Sunday, July 13, 2008

FOR TWO DECADES, THE VIABILITY OF RAP MUSIC HAS BEEN QUESTIONED; TODAY IT IS THE MATERIALISM AND MISOGYNY THAT'S QUESTIONED, NOT VIABILITY

As Rolling Stone Magazine and the Associated Press recently reported, Senator Barack Obama has revealed his iPod music list. He has also provided some insight in to his current music list.

And, while the Democratic Presidential nominee has eclectic tastes (he is a big fan of musicians such as Bob Dylan, Bruce Springsteen, Miles Davis, Stevie Wonder, and J-Z, among others), Obama did express his admiration for, and concerns about, Rap music.

As Rolling Stone and the AP report, Senator Obama has reservations about the message of some Rap music. "I am troubled sometimes by the misogyny and materialism of a lot of rap lyrics," he said, "but I think the genius of the art form has shifted the culture and helped to desegregate music." (AP article Obama reveals iPod song list).

While Obama said hip-hop mogul Russell Simmons and rappers Jay-Z and Ludacris are "great talents and great businessmen..." he also said, "It would be nice if I could have my daughters listen to their music without me worrying that they were getting bad images of themselves."

Obama's concern is frequently echoed. It is a continuing discussion in the music industry, and is also an important discussion taking place in homes around the world. In short, the problematic message of Rap music is a widely expressed concern.

However, despite the often disconcerting message of its lyrics, and videos, Rap music's commercial success has not been impeded. Rap has found complete acceptance in the world of Pop music. Rap's consistent presence on the top of the music charts is undeniable. For example, at the moment, roughly one-third of the albums included on BillBoard Music's Top-Fifty albums are Rap albums.

It is also argued, perhaps correctly, that it is the materialism and misogyny that drives Rap music's commercial success. While unfortunate, this may be reality. How to address the problem is another issue, and First Amendment protections control.

You can link to Billboard Music and its charts by clicking the IPEB link to the left.

Wednesday, July 9, 2008

IN 2006, ENTERTAINMENT MOGUL DAVID GEFFEN SOLD THE TWO MOST EXPENSIVE PAINTINGS EVER SOLD IN THE FINE ART MARKET; NO SALE SINCE HAS EVEN COME CLOSE

In 2006, from his private collection, music and movie mogul David Geffen sold the two most expensive paintings ever sold in the fine art market.

Geffen must have known something about the art market (and perhaps the economy), because no sale since 2006 has even come close. In fact, in the last two years, the two closest sale prices for a painting are each a substantial $45 million short of the two Geffen record prices.

The Geffen sales were two of four hugely-important, $100 million plus, sales that took place in 2006.

The most expensive painting of the group, sold by Geffen in a private sale, is Jackson Pollock's "Number 5, 1948" (1948), which sold for $140 million. The next most expensive ever sold, also sold by Geffen in a private sale in 2006, is Willem De Kooning's "Woman III" (1952-53), which sold for $137.5 million.

The third most expensive painting ever sold was also sold in 2006. Again, it was sold from a private collection, in a private sale. The painting is Gustav Klimt's most recognized work "Adele Bloch-bauer I" (1907), which sold for $135 million.

In 2006, the fifth most expensive painting was also sold. The painting, sold at auction by Sotheby's, is Pablo Picasso's "Dora Maar au chat" (1941), which sold for $92.5 million. The fourth most expensive painting ever sold is also a Picasso, which was sold at auction by Sotheby's in 2004.

In 2007, at least three important multi-million dollar sales took place, but each fell considerably short of the 2006 Geffen sales.

Mark Rothko's "White center...yellow"(1959) sold for $72.8 million; Andy Warhol's "Green Car Crash" (1963) sold for $71.1 million; Francis Bacon's "Study for Innocent X" (1962) sold for $52.7 million.

In 2008, little has happened to challenge 2006 record fine art sale prices.

In short, 2006 was the most important year in modern fine art sales history, and David Geffen alone grossed $277.5 million on the sale of just two paintings.

Also of note, Vincent Van Gogh dropped to seventh on the most expensive painting list, for the sale of "Portrait of Dr. Gachet", which sold in 1990 for a then-record price of $82.5 million.

Here is a nice web-page with the entire list, including reproductions of the works, from theartwolf.com (
Most Expensive Paintings) and another article from economist.com on the current art market (Art.view | The art market in 2008).

Saturday, July 5, 2008

NASCAR RACING HIT WITH $225 MILLION DISCRIMINATION LAWSUIT BY 32 YEAR-OLD, AFRICAN-AMERICAN, FEMALE NASCAR TECH INSPECTOR

On June 10, 2008, Mauricia Grant, a NASCAR race official hired in January 2005 and terminated last October, has filed a $225 million harassment and discrimination lawsuit against NASCAR.

The scathing complaint filed in the US District Court for the Southern District of New York, alleges, among other things, that Grant was called a series of degrading names, such as "Nappy Headed Mo" "Queen Sheba" and "Simpleton", and was subjected to racist stereotypes, such as being told she worked "on Colored People Time" if she arrived late.

For more than 20 pages, Grant's $225 million complaint details allegedly obscene e-mails, text messages, and racist and sexist comments directed at her. The complaint also states that Grant was frightened by one official who routinely made references to the Ku Klux Klan.

In addition, Grant says she was subjected to sexual advances from male co-workers, two of whom allegedly exposed themselves to her. The two NASCAR officials were placed on indefinite administrative paid leave Friday, June 13, just a few days after Grant filed her lawsuit against NASCAR.

NASCAR says it has not reviewed the complaint, but insists that it is an equal opportunity employer with a positive work environment.

However, this may be the wake-up call that many feel the male-dominated sport needs. As Grant's lawyer has stated, the lawsuit is, at least in part, about bringing the sport in to the 21st century as far as harassment and discrimination go.

"NASCAR perpetuated, condoned and actively participated in perverted and disgusting sexual conduct designed to demean and diminish (Grant) and the handful of other women employed by NASCAR as officials," the lawsuit said.

Here is a sportsillustrated.cnn.com article which details further Grant's complaint against NASCAR (Plaintiff speaks out against NASCAR's 'ignorant' culture) and an article from USAToday.com (NASCAR admits 'violations' in suspending officials) which provides some insight in to what NASCAR officials are saying about Grant's claim.

AS STARBUCKS CUSTOMERS KNOW, STARBUCKS HAS A RECORD LABEL; WHAT'S UP WITH STARBUCKS' HEARMUSIC LABEL, AND ITS OTHER ENTERTAINMENT IDEAS?

Starbucks Hear Music label is responsible for all the nicely packaged music that coffee-drinkers find on stands and shelves in Starbucks coffee outlets. As the hearmusic.com site says, Starbucks Hear Music is the "Sound of Starbucks."

The alternative record label, founded in 1990 and acquired by Starbucks in 1999 for $8 million, has found Grande success within the green and white of Starbucks. In February, the Joni Mitchell single "One Week Last Summer" from her Hear Music debut Shine, earned Mitchell the six Grammy of her career.

In addition, world music sensation Angelique Kidjo won her first Grammy in February at the 50th Anniversary Awards show, for her Razor & Tie/Starbucks Entertainment album DJIN DJIN. Also in February, among other new releases, Starbucks Entertainment and Concord Records co-released multi-platinum recording artist Kenny G's latest album, Rhythm and Romance.

The label, and other music business partnerships that Starbucks aggressively pursues, are all part of Starbucks' big-picture plan. "This is not a gimmick, and this is not an approach to take to sell more coffee," says Kenneth T. Lombard, president of Starbucks Entertainment, the unit overseeing the music efforts. "This is a firm commitment to take advantage of our unique platform to discover and acquire music."

Lombard is referring not only to the Hear Music label, but also to Starbucks' XM Satellite radio show, its 2007 partnership with Apple and iTunes, and its push in to music retailing where a Starbucks outlet is a record store first, and a coffeehouse second. Seattle, Austin, and Berkeley CA., already boast these Starbucks music retail outlets.

The exclusive partnership between Apple and Starbucks Entertainment, allows Starbucks customers to wirelessly browse, preview, buy and download music from the iTunes Wi-Fi Music Store at Starbucks. Both Starbucks and Apple feel this is a great opportunity, and are rapidly placing music kiosks in diverse Starbucks locations.

"We think this is very cool...and it is a great way for customers to discover new music." Apple CEO Steve Jobs explains. "Imagine walking in to a participating Starbucks, hearing a great song, and being able to instantly download it on to your iPod or iPhone."

The 2008 roll out of iTunes Wi-Fi Music Stores, with a debut last October in Seattle and New York, will include 350 Starbucks locations in the San Francisco Bay Area, 500 in Los Angeles, 300 in Chicago, and many other markets. The Apple/Starbucks partnership, Starbucks Coffee Chairman Howard Schultz says, is a uniques opportunity to "offer customers a world-class digital music experience."

Starbucks is doing much the same in book publishing and movies. To learn more go to (
Hear Music | The Sound of Starbucks).

Wednesday, July 2, 2008

360 RECORD DEALS; THE ALL-REVENUES RECORD DEAL HAS THE MUSIC INDUSTRY BUZZING, BUT WILL THESE DEALS BENEFIT THE ARTIST OR THE COMPANIES THAT SIGN THEM

For nearly twenty-five years Madonna had been a Warner Bros. Records recording artist. However, in October of 2007, Madonna informed the label that she was signing a new ten-year, $120 million deal with LiveNation, an international concert and theater production company.

The deal, while not the first, was certainly the biggest 360 record deal signed. LiveNation has since proceeded to sign a $150 million 360 deal with Jay-Z.

Both deals are at the instruction of new LiveNation executive Michael Cohl, now perhaps the key player in LiveNation's international development plan. Before joining LiveNation, Cohl dominated the international concert industry with impressive and creative financing of international mega-star tours, such as the Rolling Stones and U2, to name a few.

The 360 record deal is a major break from the traditional artist-label relationship. The new structuring of a 360 record deal allows the label (or companies like LiveNation) to participate in all revenue streams generated by an artist, not just record sales.

In return for more comprehensive support and budgeting, the label takes a handsome percentage of revenues that have traditionally been exclusive to the artist, such as the hugely important revenue from touring, as well as revenue from merchandising and the various forms of digital marketing.

How a 360 deal will work out for Madonna, or LiveNation, or others who sign 360 deals, is yet to be seen. As USC Thorton School of Music Professor Mark Goldstein says, in an informative interview on artistshousemusic.org, it may take "three to five years" to determine the benefits or burdens of the newly structured 360 deals.

None the less, Goldstein says, many more 360 deals will be signed in the coming months, because the big labels and international concert producers want to be the first to successfully navigate these waters.

It may follow that the big-named acts, with established touring history, and marketing history, will be the focus of 360 record deal development. It seems likely that the touring component of an artist's career, and related longevity, will be key to these 360 deals. If touring is an important revenue for the artist, than a 360 deal may be what the record company or its concert-producing competitor wants.

Here is Mark Goldstein's interview on ArtistsHouse (Are "360 Deals" Worth It?), and a good article from the MELONblog on the particulars of 360 deals (360 Deals Pt. 1).

Monday, June 30, 2008

XM-SIRIUS SATELLITE RADIO MERGER MAY BE HEADED FOR APPROVAL AS THE TWO COMPANIES MAKE COMMITMENTS TO FCC CHAIR ON PRICING AND COMPETITION ISSUES

On Monday, June 18, washingtonpost.com reported that Federal Communications Commission Chairman Kevin Martin has said that he will support the XM-SIRIUS merger, after the two companies agreed to certain commitments as to pricing and competition (FCC Chair To Support XM-Sirius Merger.) Martin's support could be the last hurdle to approval for the much criticized merger, washingtonpost.com reports.

This is a long way from 1997, when the FCC approved the licenses of XM and SIRIUS on the condition that the two companies never merge. Martin said that the reversal, allowing the merger, is "in the public interest." Stating that "this is an unusual situation", Martin is now expected to issue an order to the FCC voting committee recommending the merger be approved.

Since being licensed in 1997, both companies have spent hundreds of millions of dollars developing radio content, but neither company has come close to recouping their financial commitments.

Both companies have invested heavily in signing mega-media names such as Howard Stern, Martha Stewart, and Oprah Winfrey as radio show hosts. These commitments, both companies contend, are the critical building blocks of satellite radio viability, and of financial success.

The merger, XM and SIRIUS contend, will turn the table on heavy losses which may stem, at least in part, from head to head competition between the two companies in the developing stages of satellite radio. The merger may signal an end to the growing pains that have been evident over eleven years of competition between the two companies.

A key problem for the companies has been the need to sign costly mega-personalities before the audience is developed or educated to the forum. Accordingly, revenues from these high-potential radio shows lag far behind the expense of signing these personalities in the early stages of marketing and development. A merger could eliminate this problem.

Here are a few pertinent articles on the XM-SIRIUS merger (XM / Sirius merger approved! - Engadget), (FORTUNE: Techland At long last, an XM-Sirius union?), and (FCC staff and chairman back XM-Sirius merger.)

Sunday, June 22, 2008

REGGAE ON THE RIVER DISPUTE REPORTEDLY SETTLED AS ARBITRATION JUDGE RECOMMENDS SETTLEMENT

The Mateel Community Center and Dimmick Ranch/Peoples Productions have reached an apparent settlement to the 19 month dispute over the rights and interests pertaining to the 23 year-running REGGAE ON THE RIVER music festival, a mega-successful three-day festival in Humboldt County, California, featuring the best of the best in reggae and international music. [See ipeb Saturday July 19th article for settlement details]

At the heart of the dispute is a lease agreement between the MCC and Dimmick Ranch which includes a "producer" clause that was allegedly breached, trademark issues, and permit issues pertaining to the right to produce the event on the Dimmick Ranch property and an adjoining parcel of land. Also in dispute are infrastructure and property improvements that both the MCC and Dimmick Ranch make claim to. [More when settlement details are released].

Saturday, June 21, 2008

WARFIELD THEATER SAN FRANCISCO; LIVENATION/BGP MOVE OUT, AEG/GOLDENVOICE MOVE IN

The Warfield Theater in San Francisco now has a new tenant. The iconic 2500 capacity live music venue's legacy was established over the last thirty-plus years at the guidance of Bill Graham Presents, the legendary San Francisco concert promotion company.

However, times have changed. SFX, Clear Channel, and now LiveNation have owned Bill Graham Presents over the recent years. Now BGP/LiveNation is no longer the promoter with the premier 2500 seat theater in San Francisco.

That privilege is now held by another international player, AEGLive, which will use its well-known Goldenvoice branding to establish its mark in the San Francisco concert market. Goldenvoice is a story in itself, and will certainly be discussed in later postings.

In short, this is the first substantial commitment by a Los Angeles-based concert producer, in attempting to break the San Francisco market with secured and ongoing property interests.

AEGLive/Goldenvoice has also secured the promoting rights to another important music venue in the San Francisco market. The 1200 seat Grand Ballroom was recently used by Gregg Perloff, a former BGP President, and his company Another Planet Entertainment.

Now AEGLive/Goldenvoice is in at the Grand Ballroom and Another Planet Entertainment, like LiveNation, is looking for a new property to meet its needs.

It appears AEGLive is serious about its place in the San Francisco market. [More Later].