I Found out ATV Was for Sale, and I Told Michael. He Asked What That Was. I Said, 'You're Not Going to Believe It: 250 Beatl
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RAINMAKERS 1 I found out ATV was for sale, and I told Michael. He asked what that was. “ I said, ‘You’re not going to believe it: 250 Beatles songs, the Little Richard catalog.’ He started screaming on the phone. I actually have a great note he wrote me. It said, ‘Branca, the catalog is mine. Don’t lose it by over- negotiating.’ I framed that note. John Branca ”—Branca to the AP in 2009 THE CLO SER Here’s the saga, in five parts, of a man who’s been called— not hyperbolically—the most expensive lawyer in the world. 44 45 IT’S A WELL-WORN ADAGE THAT PAUL years later, the Australian who owned 24-hour period to strike a deal. WHEN BRANCA ORCHESTRATED THE My mom told me, ‘You’re either going McCartney gave Michael Jackson the 247 Lennon-McCartney titles, Robert “My ass was on the line,” Branca merging of Jackson’s ATV with Sony’s “ best investment advice he ever heard: Holmes a Court, was putting ATV up told Stan Sinberg for his So We Can nascent publishing business in 1995, he to go to college or you can get a Buy the publishing. for sale. Rock Forever blog in 2011. “I told him, became music publishing’s most accom- McCartney had purchased songs Holmes a Court and Branca had a ‘if this deal didn’t happen while I was plished attorney. job.’ I didn’t want to cut my hair, written by his childhood idols, artists handshake deal, but Holmes a Court there, to never, ever call me again.’” Sony paid Jackson $95 million to such as Buddy Holly, which prompted then agreed to sell it to Marty Bandier Branca secured the ATV catalog of merge ATV Music with its catalog to Jackson to respond, “I’m gonna buy and The Entertainment Co. Branca 4,000 songs for $47.5 million after form a new 50/50 JV, which immedi- so I took the GED and went to L.A. your songs.” John Branca, partner went to Bandier’s lead financier, a promising a charity performance by MJ ately became the world’s second largest and head of the music department at person he had done business with, and and letting Holmes a Court’s daughter publisher. As the company continued City College. —Branca in the Occidental College Magazine, 2017 Ziffren Brittenham LLP, made sure it asked that he cancel the financing, have the rights to “Penny Lane.” to acquire other catalogs, it grew to the ” happened. which he did. Holmes a Court was Bandier responded by saying, “next point that within 15 years it was earn- cial marketplace, just as McCartney had passed along this tid- left with only one option, and Branca time we do this, we’re hiring John”— ing $1 billion annually from licensing we assisted Apollo, Core bit while he and Jackson were record- chose to play hard to get, eventu- which came true when he went after and royalties. Media and the Raine ing “Say, Say, Say” in 1982 and three ally agreeing to fly to London for a CBS Songs. In 2012, Branca was a consultant Group in selling Elvis to Sony/ATV in connection with its Presley Enterprises.” $2.2 billion acquisition of EMI Music His other music-pub- Publishing; he was then hired by EMI lishing deals include Kurt to sell off music assets for $90 million. Cobain and Nirvana, His culminating move involving the Julian Lennon’s share EMI property took place six years later, of The Beatles’ royal- when, on behalf of the Michael Jackson ties, and Steven Tyler’s Estate, Branca sold the remaining 10% Aerosmith catalog. He of the valuable pubco not already has helped Don Henley owned by Sony Corp. for $287.5 mil- and John Fogerty secure lion—adding to the estate’s swelling unpaid royalties, as well coffers while making his friend Marty as getting Henley back his a very happy man. Eagles song copyrights, and negotiated royalty ranca handled the sale of half increases for The Beach of Berry Gordy’s Jobete Music Boys and The Doors for to EMI in 1997 for $132 mil- their catalogs. lion, the 2007 sale of Jerry Branca knows the Leiber & Mike Stoller’s catalog business so well that to Sony/ATV, and the 2009 sale when names are being Bof the Rodgers & Hammerstein bandied about for a new catalog, which sold for over $200 mil- worldwide head of a top lion in a “down” economy. music publishing com- Richard Rodgers’ estate executor, pany, his name is always Joshua S. Rubenstein, told The Daily on the list. Journal in 2011, “It was a family estate, David Dunn, who we wanted someone who would take has worked with Branca good care of the legacy, and John blew on a number of proj- us away with his passion and interest. ects and is managing For us, it wasn’t just about the money,” partner of Shot Tower 2 though he did get a sale price that was Capital in Baltimore, 3 95% of the estate’s highest valuation. told Occidental College Magazine in Rodgers & Hammerstein was about 2017, “He knows the business better BRANCA GRADUATED FROM THE more than money, Branca told HITS in than anybody. You’ve got artists who UCLA School of Law in 1975. He 2014. “Something like that is especially have particular viewpoints which aren’t didn’t take a particularly straight path John has a great sense of the value of a exciting to me, because I grew up lov- necessarily aligned with monetization, to get there. ing musicals like The Sound of Music, you’ve got labels and publishers who His mother was a dancer, and his song which songs will last for a long time, so we’re brought in not just to do the are more focused on monetization, and father, the Honorable John R. Branca, — paperwork but actually to help put you’ve got John, who over the course ran a baseball school, served two terms together the offering materials and the of his career has been able to bridge the in the New York State Assembly and how certain songs can be licensed.”—Marty Bandier marketing of the company to the finan- gap and translate in both directions.” became chairman of the New York State KILLER B’S: Branca, Berry, Bandier “ 462 47 Athletic Commission in 1983. When his it the piano-playing superstar talked parents split and his mother left Mount about not being able to spend all the Vernon, N.Y., for L.A., Branca stayed money he had earned, as well as his behind and followed in his father’s investments in real estate, art and his sports-oriented path. Baseball was #1, new company, Rocket, which had for playing and card collecting. Today, a goal of paying artists higher-than he owns one of the world’s most nota- usual-royalties. ble baseball-card collections. “I instantly recognized it as what I “Baseball’s lure transcends the should be doing,” Branca says. game and players,” Branca wrote in He secured a job at Hardee, the 2002 book, What Baseball Means Barovick, Konecky & Braun, initially to Me. “Babe Ruth is as much a part reviewing contracts for the likes of of American history and culture as Bob Dylan, Neil Diamond and George Abraham Lincoln or Elvis Presley, as Harrison, and subsequently negotiating much a part of any kid’s dreams. And innovative tour contracts. David Braun like any great sport or form of enter- took Branca under his wing and gave tainment, baseball—and its collect- him his first face-to-face task with an ibles—offer a wonderful diversion from artist: Talk Dylan out of investing in a everyday reality.” project with a friend from Minnesota. It meant spending a lot of time with hen he turned 11, Dylan at his home in Malibu. Branca joined his In 1978, when he was 27, Branca got mother in Los his first client…his second-favorite band. Angeles, and soon started to display 4 a passion for the Wguitar and songwrit- ing; at 13, he had his first band—The Other Half, who cut an album for GNP 4 Crescendo—and by 16, his Pasternak Progress band secured a deal with Art IT WAS DECEMBER, AND THE BEACH Growing up, I Laboe’s Original Sound label. They Boys were late in delivering a “ opened for The Doors and were regu- Christmas album to fulfill contract lars at Gazzari’s on the Strip. Like most obligations at Warner Bros. Records had five idols, kids, he was dabbling in drugs and Chairman/CEO Mo Ostin tapped showing little interest in school, even Branca to deal with Brian Wilson and and I wound up getting expelled from boarding school. the group before they drove off to their He put his energy in the band until his new deal with CBS. Branca did his representing mother gave him the “get a job or go to homework and took over the meeting, college” ultimatum. impressing the Wilson brothers, Al all of them. Branca did well at Los Angeles City Jardine and Mike Love in the process. College and transferred to Occidental They wanted Branca to represent them as a junior, majoring in political sci- and fire their manager, Love’s brother, Elvis was ence and graduating cum laude. After Steve Love. matriculating at UCLA School of Law, This occurred at a time when Brian #1. Then The he worked for Kindel & Anderson Wilson was under Eugene Landy’s in estate planning; he also repped the questionable care, and the head Beach Boys, The UCLA Foundation, deepening his con- Beach Boy had even gone missing at nection to the university.