The document discusses intellectual property rights in the music industry using David Bowie's career and business strategies as an example. It covers topics such as copyright ownership, income streams from music, contract negotiations, 360-deals, and how Bowie was able to regain control of his master recordings and publishing rights, leading to significant financial success. The key lessons are the importance of owning your intellectual property rights to maintain creative control and maximize income over time, negotiating contracts carefully, and finding innovative business models suited to the artist's long term vision and goals.

1. I N T E L L E C T U A L P R O P E R T Y
the david bowie way
spidersAND STARDUST
STEPHEN HOLLIS

2. TABLE OF
CONTENTBY STEPHEN HOLLIS | PARTNER
ABOUT A&A
POWER OF MUSIC
IP IN MUSIC
BACK TO THE DRAWING BOARD
COPYRIGHT
INCOME STREAMS
CONTRACT NEGOTIATIONS
360-DEALS
OTHER MODELS

3. ABOUT
US
§ LARGEST INTELLECTUAL PROPERTY LAW FIRM IN AFRICA
§ VOTED AFRICA IP LAW FIRM OF THE YEAR 2015 & 2016
§ LARGE COMMERCIAL, PROPERTY & LITIGATION GROUP
§ PRO-ACTIVE IP COMMERCIALISATION GROUP
§ OFFICES IN PRETORIA, JOHANNESBURG, CAPE TOWN & DURBAN
There’s ‘gnome’ time like the present to consider the
protection and monetisation of your intellectual property
rights. Adams & Adams has been helping clients with ‘spiders
and stardust’ since 1908

4. “It always seems
impossible until
it’s done.”
– Nelson
Mandela
the power of
MUSIC

5. MADONNA
U2
DEPECHE MODE
KANYE WEST
POWER OF MUSIC

6. MARILYN MANSON
LADY GAGA
RADIOHEAD
N.W.A
POWER OF MUSIC

7. DAVID BOWIE WAS AN ABSOLUTE ROCK STAR
He transcended the eras, influencing them and sometimes even creating them musically, intellectually
and as a human being. Personally he inspired me by his creativity, his extravagance, his sense
of fashion(s) that he was constantly reinventing, by his allure, his elegance and his androgyny.
JEAN PAUL GAULTIER, FASHION DESIGNER
“ “

9. BACK TO THE
DRAWING BOARD
Creative Control Own my brand
Own my music
Capital and income Future vision

10. I back myself –
as long as I own my music,
I will come out on top

12. DOLLY PARTON
WHITNEY HOUSTON
MICHAEL JACKSON

13. A b u n d l e o f r i g h t s

15. Composer will own copyright in the musical composition

16. Song Lyrics = literary work = songwriter is copyright owner
Composition = musical work = composer is copyright owner

17. Sound recording – owned by person who arranged the making
Literary work – song lyrics
Musical work - composition

18. Performers Protection Act – not Copyright but linked
Sound recording
Literary work – song lyrics
Musical work - composition

19. Copyright in the song lyrics
Copyright in the musical composition
COPYRIGHT OWNERSHIP AND MANAGEMENT
Performance rights (not copyright but linked)
Copyright in the sound recording (the masters)

20. INCOME STREAMS
§ Mechanical royalties (reproduction)
§ Performance-based royalties
§ Synchronization fees
§ Copyright Act forms the basis for liability
to pay and for Collection Agencies to collect
and distribute the monies

21. 1989 – REVERSION OF RIGHTS
§ NOW WHAT?
§ Licensing structure
ü Licenses back to labels
ü Capital assets grow
ü Income streams grow

22. Wall Street
Con
cept
Succ
ess!
Outside
the box!
OFF TO
THE BANK!

23. BOWIE BONDS

24. The original Prospectus Terms

25. WHAT TO DO WITH US$55, 000, 000?

26. 1997 – MISSION ACCOMPLISHED
§ Purchases remaining rights
§ US$27, 000, 000 well spent
ü Licensing structure
ü Capital assets secure
ü Income streams secure

27. Should not end in a KO
CONTRACT
NEGOTIATIONS

28. BEST DEALS INVOLVE WIN-WIN
FOR BOTH PARTIES
ü Both parties are committed to success
and profitability
ü Both parties’ investments and assets
are adequately secured
ü Both parties respect each other’s future vision
ü Both parties willing to be flexible on business model

29. Risky business
CONTRACT
NEGOTIATIONS

30. Poorly negotiated deals
§ Poorly negotiated contracts can have
long term damaging effects
§ Caveat subscriptor – ‘let the signer beware’!
§ Responsibility on each party to fully understand their rights
§ Understand the difference between a license and assignment
§ Look for another investor or business partner if need be

31. A GIANT MISTAKE

32. PRINCE –
THE SYMBOL
– THE ARTIST

33. Cost of breaking new
artist in major market

34. DIGITAL AGE OPENS MARKETS
§ Opportunities to create your own buzz – social media power
§ More outlets for your music
§ Great marketing opportunities for your brand
§ More potential business partners (streaming services)
§ Consumers are driving marketing creativity
§ Internet and crowd funding are options

35. JUSTIN BIEBER
KREPT AND KONAN
GANGNAM STYLE

36. 360-DEALS
§ Additional revenues
for record company
§ Secondary income
to pick up slack
from decline in
record sales
§ Shares in all income
streams

37. INNOVATIVE MODELS
Joint-ventures and partnerships
can be utilized
to achieve model of
shared ownership +
commercialization of assets

38. COMMERCIALIZE YOUR ASSETS EFFECTIVELY
BUILD A STRONG BALANCE SHEET – CAPITAL ASSETS
AND INCOME STREAMS
IDENTIFY AND PROTECT YOUR INTELLECTUAL PROPERTY
DEVELOP A CLEAR LONG TERM VISION
NEXT STOP – SUCCESS
Step 1
Step 2
Step 3
Step 4