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Travis Godden /
Managing Conflict Outside of the Courts: I have a question about the above mentioned article and the last paragraph that states, "To take one example, if Beach House’s claims are accurate, a sincere, public apology from Volkswagen for any real or perceived wrongdoing could go a long way toward appeasing the band. Researchers have found that apologies can dramatically reduce ill will and parties’ demands for financial compensation". Can you sincerely apologize without admitting guilt? What if Volkswagen apologizes and then the Beach house sues them using their own apology as proof? I sincerely want to know the answer because I am mediating a case that may be resolved this way.
Rob Watson /
As a former professional musician and booking agent, I can say that the group "Beach House" is trying to manage their business themselves instead of having professional management, or is not listening to their management. This is often the case of many young artists who believe their talent alone is enough to get them by in the music business. The music business is as rough and tough as any other business and perhaps more so than many others, because of insider connections and extremely high upfront promotional costs (investment-backing), being so vital for success. The very best songs have a commercial shelf-life of perhaps 18 months on the world market; (a few weeks after the next annual awards' show, if the song is mentioned and partially aired), most oftentimes far less. There are some rare exceptions such as Carole King's Tapestry LP, but these are extremely rare occurrences and should be considered "one offs." "Beach House" should have allowed their song to be used with their credit appearing on the VW (VAG is the parent)ad. Songs or musical jingles have a significantly longer lifespan in both the social and marketing conscience... how many ads from yesteryear do we associate a particular musical passages or phrase from a song? Remember, we are only talking about 25-30 seconds of background soundtrack here, not the wholesale sell-out of an entire musical group. It's takes mature and confident partners to be successful in any group-based business and with proper management, they can withstand the test of longevity in a highly competitive environment instead of being cast aside with the lot of "one hit" wonders. From VAG's perspective, let them (Beach House) take it to court. The alleged controversy will only get more people watching and listening to the ad on social media's Youtube which is what we are after; publicity... our 30 second jingle (at very little cost) to reach as many potential buyers in the key youth-oriented demographic. This is win/win from any viewpoint for VAG. The only real loser here is the hurt feelings and bank accounts of the group "Beach House," simply because they said "no." The controversy will not do anything to enhance their careers and may to the contrary, demonstrate that they are "difficult to work with"... a virtual business "death sentence" for any aspiring musician or musical group. By the way, Eric Clapton had no problem allowing the opening intro bars of his iconic rock ballad "Layla" being used in the Opel Das Auto commercial throughout mainland Europe; introduced last Fall and still airing. It's simply a matter of business perspective.