John Branca I: Negotiating Michael Jackson’s Thriller
Sep 9, 2024
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In this captivating discussion, music industry super-lawyer John Branca shares the incredible behind-the-scenes story of negotiating the iconic 'Thriller' music video for Michael Jackson. Discover how Branca secured ownership of Jackson's master recordings, a groundbreaking move at the time. He also reveals the tension surrounding the management of 'Thriller's' film canisters and Jackson's extraordinary request to destroy them. Delve into the complexities of balancing creativity and ethics, all while navigating the high-stakes world of music negotiations.
John Branca's innovative negotiation strategies, such as adding disclaimers, effectively mitigated Michael Jackson's spiritual concerns over the Thriller video, showcasing creative conflict resolution.
Branca's ability to recognize timing allowed him to secure ownership of Jackson's master recordings, demonstrating that patience can lead to significant negotiation success.
Deep dives
The High Stakes of Thriller Negotiations
A pivotal negotiation story revolves around John Branca and Michael Jackson's collaborative efforts in creating the music video for 'Thriller.' Branca faced significant challenges when Walter Yetnikoff, head of CBS, outright refused to finance the $1.2 million video due to its unconventional theme. Jackson, determined to make the video, tasked Branca to secure the funding despite the hurdles. This situation highlighted how negotiations can be complicated by external parties' lack of understanding or appreciation for a creative vision.
Turning a Dilemma into Opportunity
During a tense moment, Jackson requested Branca to destroy the Thriller film canisters under the influence of his religious beliefs, which deemed the video to promote demonology. Faced with this extraordinary demand, Branca needed to navigate an intricate negotiation that questioned Jackson's dedication to his art versus his spiritual convictions. To persuade Jackson, Branca creatively suggested adding a disclaimer to the video, likening the scenario to the actor Bela Lugosi, who he claimed had a similar religious conviction. This tactic effectively alleviated Jackson's concerns, illustrating how innovative thinking can resolve seemingly insurmountable negotiation challenges.
Strategic Timing in Negotiation
In contrast to the urgent negotiations surrounding the Thriller video, Branca recognized the importance of timing when advocating for Jackson to gain ownership of his master recordings. Initially, it seemed unlikely that the record label would concede to such demands, especially given Jackson's prior status. However, as Thriller became a massive success, Yetnikoff soon realized his error and called Branca, looking to rectify their relationship. This situation exemplified how waiting for the right moment can yield favorable outcomes in negotiations that initially appear out of reach.
The Ripple Effect of Thrilling Success
The eventual release of the Thriller music video dramatically transformed the landscape of music videos, propelling Jackson to unprecedented fame and altering industry practices. Following its debut, sales of the album doubled, and MTV began promoting Black artists, opening the door for numerous musicians. Jackson's success helped to dismantle barriers that previously limited representation in mainstream media, earning him the title of the 'Jackie Robinson of MTV.' This outcome reinforces the notion that effective negotiation not only resolves immediate issues but can also have a lasting, transformative impact on entire industries.
The most viewed music video of all time, Michael Jackson’s Thriller, was almost destroyed before it was released except for some almost unbelievable negotiations by music industry super-lawyer, John Branca, over 30 of whose clients have been inducted into the Rock & Roll Hall of Fame—ranging from Bob Dylan and the Rolling Stones to Michael Jackson and Dr Dre. Incidentally, this episode reveals how Branca was able to negotiate for Jackson the ownership of his master recordings, an almost unprecedented feat at the time.
For educators and negotiation fans looking to take a deep dive into John Branca's negotiations, check out the Harvard Business School case studies written by Jim Sebenius below:
A systematic approach to handling challenging negotiations is in the book I wrote with David Lax, 3D Negotiation. More about my background is here plus information about the Program on Negotiation at Harvard Law School—a consortium of Harvard, MIT, and Tufts—and the Future
I am deeply grateful to Harvard for giving me permission to use audio excerpts from interviews I’ve conducted over the years with various Great Negotiator honorees and U.S. Secretaries of State, often with colleagues and friends such as Robert Mnookin of Harvard Law School and R. Nicholas Burns, formerly of Harvard’s Kennedy School.