From
the Memphis Flyer:
COMMENTARY:
ANALYSIS OF THE GRACELAND DEAL
“The
King is Dead. The King is Dead. Long Live the King.”
In
1979 Memphis Mayor Wyeth Chandler wanted the city to buy Graceland
(asking price rumored to be $10-11 million). Jack Soden’s
business partner, who handled Lisa Marie Presley’s estate
for Priscilla Presley, wanted to sell Graceland in 1981. It
is a good thing for Lisa Marie Presley that neither got their
wish. Soden’s business partner, Morgan Maxfield, died an untimely
death in a private jet crash over Labor Day weekend in 1981,
leaving Soden to pursue his vision of opening Graceland to
a very hungry public.
When
Soden took over Graceland and the formation of Elvis Presley
Enterprises, Graceland itself hemorrhaged money. Colonel Parker’s
“accounting” for Vernon Presley had bled the estate dry. The
IRS wanted a big chunk of change from the estate, too. Fans
wanted to visit Graceland, but security costs and upkeep kept
the estate finances in negative territory to the tune of approximately
$500,000 a year. Elvis’ reputation had taken a beating by
the Dr. George Nichopolous trial as well as the tawdry details
of Albert Goldman’s book Elvis. Elvis’ world did not look
so good.
Elvis’
chronicler Bill Burk wrote in June, 1982: “When Graceland
swings its doors open Monday, it will be like the founding
of a new industry in Memphis.” And right he was! Admission
was $5.00 a head and thousands of fans (and fanatics) lined
up every morning for the new tour. Graceland could handle
three thousand per day, and in the first year Elvis Presley
Enterprises took in $1.35 million. Cash poured through the
doors The next task Soden had was to corral all of the unlicensed
Elvis products on the market and create a new paradigm for
the intellectual property (trademark and copyrights) of a
celebrity’s image.
Soden
and company did not just re-write the book on the celebrity
image business; they created the rules of the industry. There
is no doubt that they were the force behind the 1984 Tennessee
statute regarding Protection of Personal Rights. EPE has used
its war chest and lawyers to pursue the rights of Elvis’ image
to the ends of the earth, at times at a major negative publicity
cost. Seldom has Soden’s team lost, and when they have, it
has been over inconsequential financial circumstances. Their
litigiousness has made hucksters reconsider illegally using
the King’s image and has increased the negotiation value of
the estate with any legitimate licensees.
Twenty-two years later, Elvis’ image is restored. EPE’s business
is intact, running like a well-oiled machine and clearing
$12 million a year in profit (a surprising figure, given the
very few music rights available to EPE for Elvis’ biggest
hits, an unfortunate Colonel Parker legacy). EPE has just
negotiated a sweetheart deal for Lisa Marie Presley.
Presley’s
new benefactor is media mogul Robert Sillerman, who made a
massive fortune selling his concert company SFX to Clear Channel
for over $4 billion in 2000. Presley will receive $53 million
in cash; $25 million in debt assumption; and $22 million in
preferred stock of Sillerman’s new company as well as 500,000
shares in common stock of Sillerman’s new company. She will
still own 15% of Elvis Presley Enterprises, which Sillerman
is buying.
What
did Presley have to give up for this treasure trove of receivables?
She keeps her father’s personal effects and Graceland, which
is a great p.r. move for her appeasing the zealotlike Elvis
fans as well as a physical and emotional tie to her father.
She will continue to license the use of Graceland and these
effects through EPE to Sillerman’s company. She merely extends
the licensing capabilities from EPE to Sillerman’s company
for worldwide promotion and exploitation. In effect she is
giving the rights to Elvis’ image that EPE has accrued and
has been licensing worldwide to Sillerman’s new company for
a huge chunk of change plus approximately 15% of Sillerman’s
new company.
If
Sillerman creates a bigger licensing market for Elvis, she
will profit nicely. If not, she will have received almost
8.5 times EPE’s net profit per year for those rights. Although
all employees of EPE are listed as remaining, were he to retire
after this deal, Soden could smile, knowing that he had mastered
the art of the Colonel Parker deal, getting far more than
ever imaginable from the use of Elvis.
So
Sillerman got taken on this deal, eh? Not exactly. Sillerman
has enough resources and capital to take Elvis to the ends
of the earth, where Elvis has not yet reached his potential.
Translation: Graceland will still be Elvis’ home base, but,
hello, Japan, China, and Europe, where Elvis is extremely
well-known and his image use is very under-served.
Not
mentioned in the deal but certainly implicit is that Elvis
the image has just become the star attraction and calling
card in a new entertainment company. Sillerman will undoubtably
use the Elvis image as bait to attract licenses from other
celebrities (and their estates) alive and dead (“Hey, kiddo,
if it’s good enough for the King, you can’t go wrong with
Sillerman…”).
It
would be hard to argue that the #1 entertainment image in
the world is a bad one with which to begin a company. Most
media buyers will take Sillerman’s calls just on the Elvis
name, if they were not familiar with him previous to this
deal. Memphis probably will not notice much difference in
the use of the image, but other countries will most likely
see a much higher presence of the King in all media formats
One thing concerning the deal that gives Presley watcher’s
pause is Lisa Marie herself. How has EPE built $25 million
worth of debt with $12 million in net profit per year?
Obviously
her marriage to Michael Jackson taught her the profligate
ways of Hollywood. Or perhaps this deal will merely cover
some sort of massive Scientology debt she owes. Ms. Presley
is approaching her maximum spending years, and if she continues
to spend more than she makes, this deal would merely be a
one time stopgap.
Either
way, once the dust has cleared on this deal, Lisa Marie pockets
$50 million, erases her debt, keeps the house, and becomes
a large shareholder in a company destined to succeed with
the world’s number one entertainment image in the growing
industry of celebrity licensing. In her press release Lisa
Marie Presley’s quote is a big disappointment, making this
deal sound like it is in her father’s interest: “My greatest
responsibility to my father is to preserve and protect his
legacy.”
Au,
contraire! This deal is about maximizing Ms. Presley’s financial
interests with the prospects that visitations to Graceland
may continue to slow down with the aging of the ‘50s generation
of rock ‘n roll fans. Maximizing the return on Elvis and his
image has been the focus point of Elvis’ career since the
Colonel got hold of him, and this deal is no different, albeit
a sweet once-in-a lifetime one that the Colonel himself would
be proud of. Indeed it is good to be the king(‘s daughter)!
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