MICHAEL LEFT SONY IN 2002 AND HE NEVER WENT BACK

Though we may differ in what constitutes as their “best interests”, I genuinely believe
all fans have Michael’s and his children’s best interest at heart. Regardless of where we stand in principles or issues, we should always remain true to Michael’s HIStory.

mjandjustice4some.blogspot.com is a pro-Sony, pro-Branca blog that spreads misinformation amongst Michael Jackson fans whom unfortunately accept propoganda
as fact without demur.  I tried commenting on the blog but my comments don’t show.
I presume it must be a glitch in the system (!) so allow me to use my own blog as a platform to set the record straight regarding 2 particular misinformation. One pertains to John Branca. Second is Michael’s relationship with Sony post 2002. Today, I will focus on the latter propaganda, leaving Branca subject to another blog entry.

Following is an excerpt from mjandjustice4some blog

“Michael Jackson's contract with Sony officially ended in 2002. Jackson stated that he had to fulfill his final contract obligation to Sony, a boxed set, and he and Sony were parting ways. Of course, Jackson did leave Sony. Many fans believe that Michael would never have wanted the estate executors to work with Sony,
and the estate deal with Sony is the ultimate betrayal to Michael Jackson's legacy.

If Michael wanted nothing to Sony, then why did he release at least six compilation albums under Sony's label, Epic or a division of Sony? It makes no sense that Michael didn't want to work with Sony after his contract ended, yet put out all
of these compilation CD's with Sony under no contractual obligation. Michael Jackson's problem was with Tommy Mottola. After Mottola left, Michael Jackson went back to Sony to work, although not under contract. It's as simple as that.”

Fiction: Michael Jackson's contract with Sony officially ended in 2002

Fact: Michael's contract DIDN’T officially end in 2002. His contract wasn’t due to expire until 2006. He extracted himself early from his contract with Sony. Though the public at large and the media thought that the discord was about the lack of Invincible album promotion, Michael’s concerns with Sony was much broader in spectrum. He felt that Sony was conspiring to acquire his stake in Sony/ATV Catalog.

Fiction: Michael’s problem was with Tommy Mottola, NOT with Sony

Fact: The notion that Michael didn’t have any problem with Sony but his problem was with Tommy Mottola is over simplifying a very serious and intricate matter.  Who did Tommy Mottola work for? Who did Tommy Mottola get his order from? What would be Mottola’s PERSONAL gain by sabotaging Invincible or trying to acquire Sony/ATV? If this was only about Mottola, why would he organize anti-SONY protests and shout from a megaphone “SONY sucks”? Please give Michael enough credit that an artist of his stature would have sought a different avenue IF his problem was with Mottola only.

Fiction: Tommy Mottola was fired because of Michael Jackson

Fact: Mottola termination had nothing to do with Michael Jackson and everything to do with office politics at Sony between Tommy Mottola & Howard Stringer and at NBC between Andrew Lack and Bob Wright. Andrew Lack, a close friend of Howard Stringer replaced Tommy Mottola. Let’s cover this in detail in another blog entry. 

Fiction: Michael’s contractual obligation to Sony ended after he delivered
a boxset with 2 new songs (and what album might that be?)

Fact: Michael signed with Sony a 6 album deal. He only delivered 4 so he still owed
2 more albums with NEW material. Until Michael satisfied the number of albums and number of new songs as per his contract, Sony holds the right to release albums –both back catalog and unreleased. This is why Mottola made the statement after Michael's death that the unreleased songs were "still the property of Sony". He was accurate to
a degree. Sony was legally entitled to 2 albums of Michael's unreleased songs.

One reason for the confusion is Michael’s speech at Equinox nightclub on June 15, 2002 where he stated “I just owe Sony one more album, it’s just a boxset really…with 2 new songs” Michael was still battling with Sony at the time and he hadn’t sat down with Sony to discuss terms to extract himself from his contract so his aforementioned statement was premature. Michael didn’t release “a boxset with 2 new songs”.

After Michael’s declaration, Sony released the following compilation albums:  

Number Ones (1 new song)                                                    Nov 18, 2003

Michael Jackson the Ultimate Collection (8 new songs)            Nov 16, 2004

The Essential Michael Jackson                                                July 19, 2005

Visionary Box set                                                                   Nov 17, 2006

Thriller 25 (1 new song)                                                          Feb 11, 2008

King of Pop                                                                           Aug 22, 2008

Even if you are Michael Jackson, you can’t simply extract yourself from your contract with a record label without fulfilling your contractual obligations. Michael used a conflict of interest to get out of his contract with Sony. Whilst John Branca represented Michael, Branca’s law firm represented Sony. If such leverage didn’t exist, leaving Sony would have cost Michael dearly since Sony would have litigated him for breach of contract. It was in the best interests of both parties to reach a compromise.

Michael’s contract included a clause that enabled him to own his mechanical copyrights upon leaving the label….STIPULATED that he fulfilled his contractual obligations of
not only the number of albums but also the number of new songs. 

In 2002, parties agreed that Sony will continue to release albums until Michael fulfilled
his contractual terms. The only advantage for Michael to get out of the Sony contract was that he was no longer on Sony's time-table as to when he would deliver albums.
HE STILL OWED 2 ALBUMS. Only when Michael fulfilled his contractual obligations,
his mechanical copyrights would revert back to him. Michael had NOT fulfilled his contractual obligations to Sony at the time of his death, thus, he did NOT have his mechanical copyrights back from Sony.  

If Michael and Sony had good relations post-2002, he would have wanted to release 2 albums of new material so
he can take back his mechanical copyrights.

Michael preferred for Sony continue to repackage his back catalog than to give Sony his unreleased songs.

Sony had to get Michael’s new material over his dead body…compliments of its hand-puppet: John Branca.

DUNKIRK CLAUSE OF MICHAEL'S CONTRACT

When Jackson 5 left Motown in mid 1970s, they signed with CBS (Columbia Broadcasting Systems). Sony bought CBS in January 1988. Michael renewed his contract with Sony in 1991 to deliver 6 albums in a 15 year term (expires 2006).

Following are excerpts from “The Trials of Michael Jackson” by Lynton Guest

“Mechanical copyright ownership has been a thorny issue in the record industry. Generally, record companies do everything they can to own the copyright, while artists believe that they, at some point, should own their recordings. In the 1960s, virtually all artist deals gave the recording company the mechanical copyright forever. By the 1970s, with the advent of sharp music business lawyers and managers, some companies recognized the need for change.”

“At CBS, a formula was developed called a ‘Dunkirk Clause’ which enabled artists, at the end of the contractual period, to gain ownership of the mechanical copyright of their recordings. Michael Jackson’s contract with CBS contained Dunkirk Clause and it remained intact when the contract was renegotiated with Sony in 1991.”

“If Sony tried to get rid of Jackson, the terms of the contract between the parties meant that a messy legal case, which would cost Sony dear, would ensue. Worse than that, from Sony’s point of view, was the possibility of Jackson removing the mechanical copyright of his recordings from Sony’s control. At a stroke, a guaranteed revenue stream stretching way into the future would be under threat. So those at Sony had to find a way to get rid of Jackson but keep hold of the rights to his recordings. There was also the matter of Sony/ATV, in which the Japanese were determined to acquire.”

“Michael Jackson’s contract with Sony contained obligations on the singer’s part to deliver finished CDs. There was also a requirement that over the period of the contract, the sum of all songs on all the CDs reached a minimum number. This clause was included to avoid a possibility of the artist recording 1 long song and calling it a CD.
Sony also had rights to repackage Jackson’s back Catalog.”

“Randy Taraborelli wrote ‘After Blood On The Dance Floor disappointed, Jackson was never a company priority.’ Far from being surprised by the sales, Sony engineered the outcome from the outset. Taraborelli might be right in the conventional sense when he states that Michael Jackson was never a high priority but in fact, Jackson remained a high priority for Sony. Not to help sell records but to get rid of the singer while gaining control of his back catalog and more importantly, acquiring Sony/ATV. To achieve this objective, Jackson had to fail in a way that enabled Sony to appear blameless.”

“Taraborelli says that Michael ‘managed to extricate himself from the Sony deal’. It bears only a passing resemblance to what really took place. Sony was in the process of dropping Jackson. Maybe Jackson wanted to go but when an artist of Jackson’s stature leaves a record label, it is because at least one other major company is waiting in the wings with an open checkbook. No such offer existed for Jackson.  To Taraborelli, this was a simple case of Michael battling away with Sony. But, why, then, did Sony step in to fill the breach in Jackson’s finances by agreeing a series of loans Jackson took out with Bank of America? The Japanese weren’t just relying on the efforts of Tommy Mottola. Those in charge wanted ownership, not just of Jackson’s mechanical copyrights but an even bigger prize: Sony/ATV”

“While the jury was out in Santa Maria, I found myself in Paul Russell’s (former President of Sony/ATV) house. ‘You know he is no longer with Sony’ Russell said. No announcement was made which would be the usual course of action in such a situation. Neither was the issue raised at Jackson’s trial. Strangely, Tom Sneddon, despite launching an all-out assault on Jackson over the issue of the singers’ finances, never sought to bring Jackson’s relationship with his record company into evidence. Yet, in the music business, the really big stars’ interaction with their record labels and their finances are inextricably linked. It was now more crucial than ever that Sony’s true role remained out of the prying eyes of the media and the public. “

“Paul Russell told there was a dispute between Jackson and his record company over how many songs were still owed by Jackson to Sony. Jackson was on trial and Sony didn’t want to be associated with the singer at all. What Sony wanted were the rights to ‘Thriller’ and the rest of Jackson’s pantheon of hits. Sony used the disagreement over how many songs Jackson was contracted to deliver to get rid of him while retaining the mechanical copyrights. Jackson had no intention of making any more music for Sony. He thought he should fight for this principle. Although he didn’t know,
he didn’t need to waste energies because Sony didn’t want any more of his material anyway. The company’s insistence on holding Jackson to producing the ‘missing’ songs was a pretense designed to ensure that the singer fought the wrong battle.”

“Jackson was jettisoned as a Sony artist but the company, not the performer, would keep the mechanical copyrights to his back catalog. The record company was happy to continue to pay Jackson his royalties. It was the best deal Jackson could get. He THOUGHT the arrangement with Sony was a victory. Sony owned the copyrights, Jackson was out, it was that simple.”

RAYMONE BAIN STATEMENT RE: THRILLER 25 DEAL

Longtime publicist, Raymone Bain litigated Michael in May 2009. Her statement in her petition vis a vis the “Thriller deal” is quoted and mis-interpreted by mjandjustice4some blog to assert that Thriller 25 was Michael’s return to Sony.

“Upon Mr. Jackson's return to the United States in December of 2006, Ms. Bain conceived of and encouraged to participate in and sanction the commemoration of the 25th anniversary of the release of Mr. Jackson's historic Thriller album. Ms. Bain worked closely with Sony Music and Legacy Records in the planning, marketing and promotion.”
–RAYMONE BAIN PETITION

While Miss Bain may be the one who came up with the idea that Michael should commemorate Thriller’s 25 year anniversary, the back catalog was the property of Sony. Thriller 25 deal didn’t require a contract between Sony and Michael Jackson. Nowhere in the petition does it imply a contract. Miss Bain liaised between Michael Jackson and Sony in regards to the concept, songs, marketing, promotion and royalties.

Bain petition also requested compensation for her work with AEG in 2007. AEG deal didn't come to fruitation until Jan 2009 and Tohme was the one who finalised the deal.

Raymone Bain was simply listing deals for which she put forth her time and efforts. Some fans are conveniently misinterpreting her meaning to support a propoganda. The petition, in no way, supports that Michael Jackson & Sony relationship was repaired.

"Although I don't always find Bain to be credible..." states mjandjustice4some blogger but for some reason she is willing to give credence to Bain's claims in this petition because the information can be distorted to support the blogger's propoganda.

Thriller 25 was released by Legacy Records which is Sony’s repackage division
for compilation albums.

Whilst Miss Bain claims that she came up with the Thriller 25 idea “upon Mr. Jackson’s return to the United States in December 2006”, the prospect of a second chapter to Thriller was asked by Access Hollywood's Billy Bush
during a Michael Jackson interview in Ireland (0:28 below video). The Access Hollywood Interview aired on November 3, 2006 - BEFORE MICHAEL'S RETURN TO USA. So while Miss Bain may have supported Michael re: Thriller 25 (which was her job), she most definitely didn't "conceive" the idea.

RECORDING CONTRACT WITH TWO SEAS RECORDS

On April 18, 2006, Michael Jackson signed a recording contract with TwoSeas Records to record 2 albums, write an autobiography and produce a stage play.

In 2006, Michael announced that he would be enlisting artists to produce a song, tentatively titled “From the Bottom of My Heart” for Hurricane Katrina victims. The single was set to be released by Two Seas Records. His new album was also announced to be released by Two Seas Records in late 2007.

"I am incredibly excited about my new venture & I am enjoying being back in the studio"
~MICHAEL JACKSON on April 18, 2006

Michael did renege on the Two Seas Contract but IF he had returned to Sony after Mottola’s termination of Jan 2003, he wouldn’t have signed a contract with another label.

Michael Jackson left Sony in 2002 and he never went back to Sony.

June 18, 2002

By Roger Friedman

Michael Jackson, Sony Music Getting Divorced 

It's over. And I mean, officially. Michael Jackson is leaving Sony. 

My inside sources at Sony told me yesterday that as Jackson exits Sony, he also leaves behind his catalog including the hit albums Off the Wall, Thriller, Bad and Dangerous,
not to mention the less successful HIStory, Blood on the Dance Floor and Invincible. This means that wherever Michael goes label-wise, he has nothing but his talent to offer prospective investors. 

January 16, 2003

By Roger Friedman
Jackson Not Coming Back to Sony

This is the definitive word, folks, from my source at Sony Music regarding Michael Jackson. With the departure of Tommy Mottola also comes the last word on Michael Jackson, take it or leave it. There was some flicker of thought that Mottola's end meant a chance for Jackson to reignite his relationship with Sony. But now I am told that is not a possibility. Jackson will get the masters to his albums back in five to eight years, possibly. But he still owes the company $200 million in loans. He will be paying the interest on those loans for a long, long time, perhaps forever.

"The loan won't be forgiven. Why should it?" asked my source. "We're happy to collect the interest. But Michael is done here as far as new recordings."

October 19, 2005
By Roger Friedman

No Record deal in the near Future

Michael Jackson’s plans for a new sort of “We Are the World” are fading fast. He has no record deal. Even though Jackson has been in London hoping to get his charity single recorded, no one’s jumped at the chance to distribute it.

October 17, 2007

By Roger Friedman

Jackson’s Thriller Plans

Jackson has no plans for a new album, but his die-hard fans will be happy to hear Jackson is involved in putting together a 25th anniversary edition of his best-selling album, "Thriller." Jackson’s new music attorney, Peter Lopez, told me on Tuesday that the pop star has no interest in touring or performing. Lopez said: "He feels he’s done that". "Thriller 25" will be issued by Sony because it’s part of that catalog. But Jackson has no recording contract and, frankly, no interest from record companies.

“You know he is no longer with Sony”
–PAUL RUSSELL, former Sony/ATV President, 2005

"Michael did not fulfill the terms of the contract so Sony kept all the copyrights. The re-issues like Thriller 25 were merely repackaging. By the time Michael realized what had happened, he was unable to buy back the copyrights for a number of reasons. Chief among these was that he was heavily in debt but also Sony were not obliged to sell them to him as they considered him in breach of contract. I do not believe any deal was done with Sony upon Michael's return from Bahrain. In fact, it may well be that part of the reason he fell out with the Sheik over this very issue. The deal with Sony was concluded by Michael's estate and AEG after his death." -LYNTON GUEST

"He wasn't ever back on good terms with Sony. It was not gonna be happening with Sony again" –STUART BACKERMAN

"He hasn't got a record deal" (1:55 of the following video)