Michael Jackson and Sony search for unsigned acts online

  • Sony/Atv has a new CEO, Troy Tomlinson


    Troy Tomlinson: A "Song Guy" Takes the Reins at Sony/ATV Music Publishing
    Crystal Caviness
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    Crystal Caviness
    January 2, 2007


    Day in, day out, Troy Tomlinson asks himself the same question when making decisions in his Music Row office as President and CEO of Sony/ATV Music Publishing. "Does this contribute to an environment that is healthy for our writers and our employees?"


    "Every decision we make must pass through that filter," Tomlinson said. "It's about putting our writers and employees top of mind in all decisions."


    The music business is in Tomlinson's blood. As far back as the Portland, Tenn., native can remember he has been around creative types. His earliest memories involve drinking his fill of pink lemonade and then falling asleep backstage at the Grand Ole Opry, while his brother played bass with Opry star Hank Snow.


    When he was 20 years of age, Tomlinson got an opportunity to make his own mark in the music business when friend Cliff Williamson of Multimedia Publishing hired him as the tape copy guy/song plugger, a job that led Tomlinson to two independent publishing companies: Don King Music and Rick Hall Music.


    In 1988, Tomlinson went to work for Jerry Bradley at Acuff-Rose Music. He held several positions there, before being named Executive Vice President in 1999. "Jerry Bradley is truly my mentor," Tomlinson said. "He gave me so many opportunities to grow."


    In 2002, Gaylord Entertainment sold Acuff-Rose to Sony/ATV Music Publishing, where Tomlinson was hired as Vice President of the Creative Department.


    Tomlinson was named President and CEO on Jan. 1, 2006, when Donna Hilley retired from the position after a 31-year career that had distinguished her as one of the Country Music industry's most influential and well-loved leaders.


    "Donna's shoes will never be filled," Tomlinson said. "She burned a path not only for publishers in general, but for a female executive to rise to the level she rose to in this company and to have the ability to effect change and influence people's lives, she really was a trailblazer."


    One year into his new office and responsibilities, asking that question of himself and others at the publishing company has resulted in moving the company closer to Tomlinson's overall goal of creating "a place of excellence."


    "I want the best song pluggers in Nashville to say 'Man, I'd give anything to be over at Sony/ATV working that catalog,'" Tomlinson said. "I want the best writers to say 'I'd give anything to write for Sony/ATV,' and the basis for that has already been laid by Donna and her predecessors."


    "Tweaking the creative department," Tomlinson said, as well as making aesthetic changes to the creative building and writers' building and implementing an aggressive plan to exploit Sony/ATVs' music catalog for film, television and advertising opportunities are first steps toward his vision of making Sony/ATV a place of excellence. He's especially excited about the creation of the new Sync Department.


    "When I got this position, I felt we had to be more proactive in marketing our copyrights from Nashville," Tomlinson said. "Sony/ATV has a great Sync Department in Los Angeles and they work our songs, but it was important to me to have a sync executive in the Nashville office talking to me about national ads, film spots, TV show spots. I wanted a person who would be in New York, Chicago, L.A., Dallas, Atlanta, getting to know the creative departments at these ad agencies so we could make sure that our music was top of mind when they had a need for music."



    Enter Marc Wood. Tomlinson had worked with Wood at Acuff-Rose, where Wood had held positions in its Royalty, International Business and Synchronization Licensing Departments.


    "Nobody in town is better qualified than Marc to actively market our impressive catalog," Tomlinson said.


    In recent months, Wood and his team have placed Sony/ATV music in ad spots for Hallmark TV and Dr. Pepper; major films ("Talladega Nights: The Ballad of Ricky Bobby" with Will Ferrell, "RV" with Robin Williams and the Johnny Cash biopic "Walk the Line") and numerous songs in HBO's popular series "The Sopranos."


    Tomlinson is clear about the "business" part of the music business.


    "It is a business," he said. "I tend to surround myself with people who take as seriously as I do what we are about everyday. I can't afford to spend my time with those who aren't taking this seriously."


    Hit songwriter Tom Douglas (Tim McGraw's "Grown Men Don't Cry" and Collin Raye's "Little Rock") respects Tomlinson foremost for being a "song guy."


    "Look at the writers that he has signed since he's been in the business," Douglas said. "He signed Kenny Chesney as a songwriter before he was a major star. He's been surrounded by stellar songwriters, such as (veterans) Dean Dillon and Skip Ewing. He attracts those guys. He's a great song guy and when you love songs, it brings out the best in songwriters."


    Brooks & Dunn, Chesney, Rascal Flatts and Gretchen Wilson are among the artists/songwriters signed to Sony/ATV, along with new talents including Eric Church, Miranda Lambert and Taylor Swift.


    Business savvy notwithstanding, Tomlinson's most evident trait on the job is his love for songs, which he views not so much as a businessman, but as a caretaker for the catalog of legendary tunes and new hits he oversees.


    "Songs are the children of our writers," Tomlinson said. "As publishers who understand their obligation to writers, I see the role as a steward of those children."


    The care Tomlinson gives the catalog is not lost on Douglas.


    "When you have a big company like this, it can become impersonal," Douglas said. "Troy represents yesterday, today and tomorrow. We've got Hank Williams' songs, which is a really sacred thing. But at the same time, he's signing brand new artists. We're blessed to have him in that position."


    source: http://www.americanchronicle.com/articles/...articleID=18546

  • Copyright Protection Could End


    But bringing the music to iTunes isn't as clear a proposition as it might seem on first glance. Many of the distribution and publishing rights to the songs are controlled by Sony/ATV, a holding company that had been partially controlled by the singer Michael Jackson. He acquired the rights to some 250 Beatles songs in 1985 when he paid $47 million for ATV, a music publishing company that owned the rights to the songs. Jackson later merged those songs into a joint venture with Sony (SNE). The catalog is now thought to be worth more than $1 billion. Last year, Jackson, as part of a major restructuring of his personal finances, gave Sony the option to purchase his portion of the Sony/ATV joint venture, rather than see his stake go up for auction. Sony has yet to decide whether to buy Jackson's stake.


    Meanwhile, the clock is ticking on the rights to Beatles music. Former Beatle Paul McCartney has been quoted as saying that rights for the songs will revert to him at a date "in the not-too-distant future." Additionally, only six years remain on British copyright protection on the first batch of Beatles tunes released in 1963, unless the British government reverses its position on extending copyrights beyond 50 years after a work's release. If left unchanged, British copyright protections on Beatles songs like Please Please Me and Love Me Do will expire in 2013 (see BusinessWeek.com, 11/28/06, "Beatles Could Lose EU Copyrights in 2013").


    It appears that the time to cash in on digital sales via services like iTunes is starting to evaporate, especially if the music is set to start leaking into the public domain in the country where it was originally produced. And while another digital music competitor to rival iTunes could emerge over the course of six years, that's a long time to wait for revenue from digital sales.


    http://www.businessweek.com/technology/con...9;s+top+stories


    Apple, Beatles end trademark issues over "Apple" name, logos but still no word on downloads


    JORDAN ROBERTSON
    AP Technology Writer


    SAN JOSE, Calif. — For the third time in nearly three decades, iPod maker Apple Inc. has resolved a bitter trademark dispute with The Beatles' guardian Apple Corps Ltd. over use of the iconic apple logo and name.


    But while the truce announced Monday appeared to finally bury the long-simmering animosity, music lovers will still need to wait for the right to buy such songs as "Love Me Do" or "Hey Jude" on Apple Inc.'s iTunes online store.


    The announcement — made jointly by one of the world's largest music sellers and one of history's most beloved bands — was silent on whether the catalog of Beatles songs will become available for download any time soon.


    The Beatles have so far been the most prominent holdout from iTunes and other online music services, and Apple's overtures to put the music online have been stymied by the ongoing litigation.


    The settlement gives Cupertino-based Apple Inc. ownership of the name and logo in return for agreeing to license some of those trademarks back to London-based Apple Corps — guardian of The Beatles' commercial interests — for their continued use.


    It ends the ongoing trademark lawsuit between the two companies, with each side paying its own legal costs. Other terms of the settlement were not disclosed.
    Industry analysts said a resolution on putting The Beatles' music online is likely already in the works.


    "It goes from impossible to a lock that it's going to happen — it's a function of time at this point," said Gene Munster, senior research analyst with investment bank Piper Jaffray & Co. "I bet they move pretty fast. For Apple, it was critical that they got this taken care of."


    Jaffray estimates that Apple Inc. paid The Beatles $50 million to $100 million for the rights to the Apple name. That would come on top of more than $26.5 million Apple paid to settle past disputes with Apple Corps.


    It's no secret that Steve Jobs — Apple Inc.'s chief executive officer and a huge Beatles fan — has wanted the British band's music on iTunes, which has sold more than 2 billion songs worldwide and has catapulted Apple into the top ranks of music sellers.


    Jobs even cued up some Beatles music and album art in unveiling the company's highly anticipated iPhone gadget at the Macworld Conference and Expo last month, setting off rampant speculation that some type of deal might be in the works.


    However, decades of legal disputes between the two companies have thus far made any partnership all but impossible.
    "We love the Beatles, and it has been painful being at odds with them over these trademarks," Jobs said in a statement. "It feels great to resolve this in a positive manner, and in a way that should remove the potential of further disagreements in the future."


    The Beatles had been one of the few remaining big-name musical acts to reject any legal distribution of its work on the Internet. Formerly hesitant artists from Madonna to Metallica have made peace with online customers as digital downloads have continued to grow in popularity — with iTunes holding the bulk of the market.


    Artists have complained that online distribution leaves them with too small a profit and that iTunes wrecks the artistic integrity of an album by allowing songs to be purchased for 99 cents apiece. Bands such as AC/DC have sold albums only at other, more flexible sites.


    But the Beatles' recording label, Britain's EMI Group, has rebuffed all suitors.
    Elizabeth Freund, the U.S. spokeswoman for Apple Corps, said EMI would first need an agreement with Apple Corps before licensing any music to Apple Inc. or other online services. She said no such deal has been reached yet.


    EMI officials declined to comment.
    Apple Corps was founded by the Fab Four in 1968 and is still owned by Paul McCartney, Ringo Starr, the widow of John Lennon and the estate of George Harrison.


    The Beatles' company, whose corporate logo is a giant green Granny Smith apple, first sued what was until last month Apple Computer Inc. for trademark infringement in 1978. The computer maker agreed in 1981 to pay $80,000 and never enter the music business.


    Apple Corps sued again nearly a decade later, alleging the musical instrument digital interface, or MIDI, software included on Apple's Macintosh computers violated those terms. Apple Inc. again settled, agreeing in 1991 to pay $26.5 million to secure the rights to the apple logo for selling computers and software, while Apple Corps would get it for producing and selling music.


    But the tension flared again in 2003 while Apple Inc. was signing up recording labels to offer their songs through Apple's new iTunes download store and attempted to woo The Beatles' management.


    Apple Corps contended that Apple Inc.'s use of the logo on iTunes amounted to a breach of the 1991 agreement. Lawyers for Apple Inc. have argued that music lovers are smart enough to tell the difference between the logos. Apple Corps uses a shiny green apple as its logo, while Apple Inc. has a cartoon-like apple with a bite taken out.


    A British judge ruled in May that Apple Inc.'s logo is used in association with the store — not the music — and thus permitted. The settlement announced Monday replaces the 1991 agreement and makes an appeal of that ruling unnecessary.


    Neil Aspinall, manager of Apple Corps, said the company was glad to resolve the dispute.
    "The years ahead are going to be very exciting times for us," he said in a statement. "We wish Apple Inc. every success and look forward to many years of peaceful co-operation with them."


    Apple Inc. still faces another high-profile trademark lawsuit, one over its much-hyped iPhone.
    Networking equipment company Cisco Systems Inc., whose Linksys division has an identically named product, sued Apple last month.


    http://ap.lubbockonline.com/pstories/20070...145338448.shtml

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