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Last week Live Nation announced that it did another so called “360” deal, this time with the band Nickleback. (Nickleback is for all intents and purposes the musical equivalent of a McDonald’s Value Meal: cheap, bland, one-size fits all and unhealthy but some will tolerate it if desperate).

According to Live Nation the deal “will enable us to fully capitalize on our vertically integrated platform” and “structured to increase our revenue and cash flow potential significantly, while reducing our risk profile… this investment is cross collateralized… ” and on and on.  I don’t know about you, but I have a hard time imagining John Hammond, the legendary A&R man from the 50s, 60s and 70s, joyfully making that statement after signing Bob Dylan or Bruce Springsteen to Columbia Records back in the day. Ahh, times they are a-changin’.

For those of you who have not heard the term “360 Deal” it basically means that an artist (though I hesitate to use the term to describe Nickleback) gets one big advance check from a company like Live Nation, which in exchange gets rights to that artist’s record sales, touring income, merchandise sales, publishing, etc. In the past nine months or so, Live Nation has spent over half-a-billion dollars making these types of deals with Madonna, U2, Jay Z, the Jonas Brothers, Shakira, etc.

If you read most of the press articles out there, they’ll have you believe that these deals are the savior of the modern music business and that companies like Live Nation are pointing the way to a brave new future. Moses and Abraham Lincoln all rolled into one. Wall Street’s response to all these cheerful pronouncements? Since Live Nation started doing these deals, its stock price is down about 53% compared to an 18% drop of the Dow Jones average during the same period.

I’ll let the financial analysts tell you why they think Live Nation is worth less than half it was last October but my problem with these deals boils down to this:

First, there’s nothing original about them. Berry Gordy did these deals with Motown 45 years ago. Groups like the Supremes, the Temptations and the Jackson 5 were literally owned by Motown. Record sales, touring, TV appearances, likeness, TV rights etc.  The whole thing. It was good while it lasted and then the artists decided that they did not like to be told what to wear, how to walk or what kind of music they should perform and how often. No one likes to be “owned”.

They don’t benefit the artist. Let’s face it, there is not a single company out there that can be equally adept at selling records, selling tickets, producing tours, moving merchandise sales, running websites, administering publishing rights, managing fan clubs, monitoring airplay, signing sync-licensing deals, exploiting image rights, running PR campaigns, managing social media sites, monitoring blogs, etc. That control should remain with the artist and his/her team who outsource all these activities to a host of other entities who are specialists. Specialization not concentration is the future.

They don’t benefit the music-loving public. When you take big bets with advances, your first and primary motive is to recoup – quickly. Time and again, when money is the only motivation, art, and by extent the public, suffers. Just check out any Marlon Brando movie that was done just for the money. Or, any Elvis Presley post-army service movie for that matter. Or most reunion tours. There’s no spark, no passion, no oomph. For art to flourish, there always needs to be a patron, but the artist needs to control the timeframe and the creation.

They don’t benefit the dealmaker. I personally fail to see how blowing the equivalent of a small nation’s GDP on a bunch of stars way past their earning prime makes any sense. I mean, how many more records and tours does Madonna have in her? Even for younger groups, the deals only make sense if they are able to reach a mass audience. But as all trends show, the future of the music business is not mass, it’s niche.

They are not the future. One just needs to take a look at two trends to realize that the future of music is not in mass-reaching artists and bloated big budget marketing: record sales of major label releases are going down each year; and the average age of artists that consistently sell large seat venues is going up. The future belongs to the niche.

As I mentioned many times before, the future of the music business is not in the mass-reaching elite that dominated the industry for so many years, but in the niche-reaching artistic middle class that controls both the means of production and distribution and marketing. These middle class artists will outsource all non-essential activities not to one firm but to a host of specialists.

Panos

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13 Responses to “360 Deals Are Not the Future”
 

Hi Panos,

The new site looks great!

Can’t say I agree with you on the 360 degree perspective. You are right, no one company can do it all. However, if a company/investor wants to put cash into the equation in consideration for the opportunity to participate in all of the potential income streams, then it’s a matter of “how much” and “how much”. How much cash is being put in, and how much equity is going out.

It seems to me, that it’s a measurement of discounted cash flow. An artist has to sum up his present value, all the hassles involved in pursuing every income stream, and his future value. Looking at a 360 deal (which is really an equity sale) is a great way to cash out now on the potential of the future.

From my perspective, every artist should be looking at 360 degree deals and trying to figure out how to roll all their income streams into a branded asset (a company) which they can sell equity in (and also achieve the ability to use equity as capital).

Bruce Warila wrote on July 22nd, 2008 at 8:10 am

 

Thanks for the info.. I read about this company a long time ago when they first started making major deals. .. I will sure keep and ear and eye out on them.I think the major companies think theeyare losing a grip on the business and are trying to shut the indie businesses(all of them) down anyway they can.

Bon wrote on July 22nd, 2008 at 11:16 am

 

Looks like THE KILLERS are the next to go with a 360-style deal, but with Universal’s “Bravado” division, although the agreement appears to be mostly merchandise based. Check out the news item here: http://www.digitalmusicnews.com/stories/072308universal

Benjy wrote on July 24th, 2008 at 8:17 am

 

Panos-

This is a really a well thought out response; and as I’ve suspected you are clearly very very knowledgeable about this biz. I wish you would follow suit and show the middle class as much love as they truly deserve- and be more part of the solution and less one more money pit for artists.

Salut

Mark wrote on July 28th, 2008 at 10:55 pm

 

Mark,
Thanks for the comment, I appreciate it. You are right, we do need to be part of the solution and I am committed to be. See my blog posts about the member events that I am having, the feedback that I am getting and how I plan to evolve the site to address some of the issues you’ve been singling out.

Panos Panay wrote on July 30th, 2008 at 8:01 am

 

Panos, I have read your entire website and I have to applaud you on your endeavours to help the “middle class artist”. You have constructed a functional Central Station for the flux of musicians willing to perform and travel. And for that I, personally, thank you. One suggestion, or complaint, that I have for you is as follows: As a musician and actor, it has always been the longstanding rule that if someone is charging you for an audition, it is a rip-off…you are being defrauded. I assume you are “trying to recoup your money…” as well, but if you are going to charge a “submission fee” at very least state, alongside the gig listing, a range or set price of how much the artist will get paid for the performance. Music is my business on a daily basis I am performing, and just like any other businessman I like to know what I will be compensated for my services before I enter any agreement, it is only logical and smart business. The fact that none of the listings show what the pay (be it by hour/by package deal) is disturbing. Why should we, sonicbids members, pay $25.00 to submit an EPK if we don’t even know that there will be compensation at the end of the day…especially given the cost of travel these days? You might argue, “for the love of art?” and I would answer artists, and their families, are not immune to eviction and starvation. Please, as a member I request that you add a link to the festival showing compensation ranges BEFORE one pays submission fees. It is only responsible business and an improvement of Sonicbids.
Thank You.

Julio A. Ortiz
C.E.A. Conservatory Recording Arts & Sciences

Julio wrote on July 30th, 2008 at 9:27 am

 

Julio,
Thanks for the note and candid feedback, I always welcome suggestions. Yes, you are absolutely right about the need to have more information about compensation and ranges in the gig listings. We are actually re-thinking the way that these listings are designed as well as the information that we need to display. Fees are very important and if it’s “to be negotiated” that’s also something that I want to show.

We are working on these changes as we speak and should have something up in the next few months. Stay tuned. Again, your feedback is always needed to make Sonicbids what it needs to be.

Panos Panay wrote on August 1st, 2008 at 9:36 pm

 

An article in today’s (Aug 20, 2008) Digital Music News discusses how a 360 deal would have little benefit to an emerging or independent artist: http://www.digitalmusicnews.com/stories/081908three

Benjy

Benjy wrote on August 20th, 2008 at 7:37 am

 

panos, the 360 deals are major labels trying to hold on and stay in as much control as possible to a business model that has run its course. any artist or group that signs a 360 deal, deserves what they get. and that won’t be much from the majors. the major labels had a great run monopolizing the means of production, promotion/marketing and distribution, but those days (thank god) have come to an end. keep up the great work at sonicbid. you represent the future and change which is very much needed. peace

chano pozo

chano wrote on September 9th, 2008 at 9:25 pm

 

Your article is persuasive. But I still wonder whether the motive behind these 360 deals is the declining financial value of what was the principal marketed product in the celebrated days of John Hammond et al.: recorded soundwaves. Digital copying has made sales of non-digital items – live performance, t-shirts, etc. (”merch”), licensing rights – the source of profits, rather than the pure music itself. Non-digital product design, testing, and sales to a mass market may best be negotiated and coordinated by a single corporate entity. That may make 360 deals the future of the music business after all.

aka Poez wrote on October 5th, 2008 at 10:26 am

 

“360 deals” are the biggest ripoff in the world….other than Wall Street and the Federal Reserve, of course. If a record company or your lawyer tells you any different, either shoot them or walk away fast. Those are the only alternatives.

MusicManPlus wrote on October 8th, 2008 at 8:07 am

 

I just saw this in the news – http://www.forbes.com/feeds/ap/2008/10/31/ap5633749.html

I wonder if this is so that Ticketmaster can work with mega-bands like The Eagles on similar 360 deals and have the exclusive rights for all of their concerts, etc.

David wrote on November 4th, 2008 at 12:26 pm

 

I don’t normally comment on blogs but your post was a real call to action. Thank you for a great read, I will be sure to bookmark your site and check in now and again. Cheers, Amy xXx.

Another Big Deal wrote on March 15th, 2009 at 4:43 pm

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