The Beatles and Apple have been negotiating and settling disputessince the late 1970’s, first with trademark dispute of the name Apple Corps,
owned by the Beatles, then over what was known as Apple’s Music Synthesizer,
and now over licensing and digitally distributing the recorded catalogue of the
group’s music. Ironically, after a total of thirty two years of bickering back
and forth, both parties are ready to play nice and do business so many
generations of new Beatles fans, as well as the old, will have a more
accessible channel through which to purchase their favorite selections.
The primary parties in this negotiation are Apple, Inc. and
the entire Beatles group. The secondary party in the group that has stake in
the negotiations is the record company EMI whom owns a considerable portion,
alongside of Michael Jackson’s estate, of the Beatles master recording rights.
Though all three sides had a very large monetary incentive that would encourage
them to make the deal, one of the strongest inhibitors to the agreement was
based around the ability to satisfy each separate member of the Beatles
interest(s) in the agreement before anything could move forward in the total
process, which took roughly seven years. Obviously, a super group, such as the
Beatles, doesn’t really have to worry so much about the financial end of what
their return will be in this type of negotiated deal, their main focus will be
on what is know as Marketing Reach, and how this type of business merger will
benefit the longevity of their entire catalog of music. The main questions
that will likely be asked on the management end of the band’s side are: “Will
this venture be profitable and reach new fans?” “Will this agreement help
facilitate new business and future sales of the Beatles music?” and lastly, “Is
releasing this music through iTunes a valid effort to modernize with the
distribution process as the methods of selling recorded music evolves and
changes?” From the iTunes side, they already own 90% of the digital
distribution market and don’t particularly need the Beatles to help their quarterly
reports. Their interest in this would be to protect their already existing
market share and look toward future growth if they have the monopoly on
digitally distributing the Beatles music. EMI, on the other hand, was almost in
bankruptcy and needed this deal to happen more than anyone; their stake in the
agreement could potentially save the entire record label.
During this long negotiation process many different angles
were used to understand each reason this deal had to happen for everyone involved.
One of the most present elements was the Beatles management’s ability to
“separate the people from the problem” and “focus on the mutual benefit”. Even
though it was apparent that each side had the ability to utilize the best
alternative to the entire negotiation and continue on with their daily process,
it was made very clear each party involved was for making a solid, long-term
agreement.
The Beatles separated the people from the problem by hiring
Jeff Jones to run their company’s interests and Mr. Jones was new enough to
their business to have not developed any animosity toward Apple and want to
look at the best options for protecting and preserving the group’s interest in
their own music; he felt digital distribution was something that had to happen in
order for this to long-term solution to be successful. Focusing on the mutual
benefit aspects of the deal gave each party the ability to come to the table
with something to gain and an even better incentive to make fair offers to
speed the process along. In this mind-set and avoiding the pitfalls of
Distributive Thinking, they were able to expand the entire pie to include a
fair profit portion for all three entities involved. The benefits of this,
other than financial, include: publicity and promotional power, two of the most
important words for any business’s brand.
Though there were many different positive and negative
factors represented by each side, one major aspect of the negotiation went very
well. Apple was able to offer the Beatles their absolute highest payout for
their purchases while not offending the other super groups already being
distributed through iTunes, including: Garth Brooks, AC/DC, and Kid Rock. This
was very important to Apple because they didn’t want to put themselves in the
position to offer the Beatles more, just to make the agreement and have other
groups assume they could hold out and get the same amount. One could assume that this was an aspect of
the deal that adversely didn’t go well for the Beatles because of the length of
time they felt they needed to hold out, but the hold out in itself is more than
likely the largest aspect of the agreement that had a negative affect on the
process. Having to appease the estates and family members of a multi-billion
dollar group was something that didn’t have to take as long as it did and
therefore could have put the entire contract in jeopardy.
After much hard work, negotiating, and deal making, there
was a mutually beneficial agreement reached that could foster a long-termmutually beneficial relationship, a relationship that is considered by many to
be one of the most solid in the record industry. Though the Beatles will
receive a reported $1.29 per song, when most digital albums are only $12.99,
the Digital Beatles box set is a great barging to their fan-base at a mere
$149.00. This is an absolutely amazing price for the most die-hard Beatles fan
that legally wants to obtain a high quality digital copy of the group’s music.
Now, with the ability for millions of existing fans, as well as new younger
generations of fans, the Beatles have the ability to once again grow and root
themselves into what can be considered as an even bigger part of rock and roll
infamy, even in the new digital revolution.
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