Ken Hertz – Hertz & Lichtenstein LLP, joins Ian Rogers in studio.

00:00 – Intro

01:30 – Ken Hertz’ background working at Capitol Records

05:00 – Ken’s background at Disney

8:20 – Ken’s transition from Disney to private practice

10:00 – Ken describes his primary role when working with artists

15:00 – Lawyers are the first creative filter in an artist’s life (who shops the record deal)

17:10 – Going through the process of discovering an artist and shopping them.  An example of how a lawyer can make a difference.

24:30 – Ken talks about being brought into the tech world

27:10 – Ken discusses going to his first TED conference

28:45 – How Ken started memBrain

32:15 – Retail and distribution are the same thing on the internet

32:40 – With unlimited distribution, how have an artist’s options changed in today’s landscape?

34:40 – Ken discusses how nobody has ever sold “music”, they have always sold something else with the music.

36:00 – “Records are not music, Records are interactive devices”

38:00 – The future of music will be subscription services.

41:00 – “When people talk about the music business, they are usually talking about the CD industry”

43:00- “Music is the best way to sell other stuff”

49:35 – Ken answers what was in his first columbia house “10 CD’s for a penny”  bundle?

50:25 – “People never made money off their record deals….”

53:25 -”There are no marginal costs to a digital sale, yet artists are paid on a royalty basis as if it were a physical good”.

59:45 – “The music industry attracts people who like the allure of easy money”