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Saturday, November 21, 
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Live Nation execs in feud over 360 deals

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LiveNation_logo.jpegIs Live Nation Inc.'s well-publicized foray into recorded music dead?


If not, it's on life-support, given the imminent departure of Live Nation's chairman, Michael Cohl. According to The Wall Street Journal, the world's largest concert promoter is negotiating the end to Cohl's short reign on the board. He became chairman last year after Live Nation acquired his Canadian promotion concern, Concert Productions International Inc. for $133 million, mostly in stock.


Cohl has been in an open feud for weeks with Live Nation's main Michael, the company's CEO and superego, Michael Rapino. The source of the fight is something called "360." It's a favorite buzzword these days in the music industry, and a concept Cohl wanted to accelerate, but one about which Rapino had serious reservations. Three sixty (as in, the whole pie) basically means I'll guarantee you, the artist, some cash up front and then I own your body, soul and t-shirt sales. This sounds exactly like the arrangement record labels insisted on making in their half-century of being lords of the realm, only it now includes a significant cut of concert revenue. Live music is the one part of the industry that's doing well. It's also the one part of the industry that many artists continue to control and occasionally make some money on.


For Live Nation, however, 360 meant breaking into CDs, not hedging its bets against the precipitous decline of recorded music.


Three sixty makes sense for major labels if they want to lock in the few profitable acts they have. Only the trend is exactly in the opposite direction: More successful artists are finishing out their contracts and going independent. (Radiohead is the latest example.) Musicians have finally figured out that they could make far greater sums selling far less albums on their own than agreeing to the majors' typical sharecropping arrangements. Giving up tour revenue (and t-shirt sales) on top of bad record deals is suicidal.


Unless, that is, you're an over-the-hill artist and some company decides to give you an obscene amount of money upfront to insure even mediocre record sales or hip replacements won't slow down the growth of your bank account. Live Nation's first two 360 deals were stunners: Madonna is guaranteed $120 million over the next decade and Jay-Z gets a reported $150 million, including advances of $100 million. In return, Live Nation gets to distribute CDs, takes a bigger percentage of concert revenue, promotions and -- as Rapino attempted to sell a dubious investing community on the arrangement, he stressed, we kid you not -- t-shirts. While we're far too old to predict the lifespan of a rapper like Jay-Z, it's hard to envision the kind of longevity Live Nation needs to recap its investment. And Madonna? Her glory days in pop music are decades gone. No matter how well her tours may still sell, new recordings are immaterial. Besides, what Live Nation doesn't get in its deals is a share of back catalogues and publishing rights, which happens to be the only saving grace for the major labels these days.


So, to recap, Live Nation wanted to parlay its dominant position in money-making tours and its aggressive attempts through acquisitions to lock up concert promotions for a share in the money-losing record industry. Sounds like a winner. We can't understand why Rapino has any doubts. -- Matt Miller


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