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Jason Flom
September 5, 2017
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The son of the late legendary corporate lawyer and takeover specialist Joseph Flom, music industry veteran Jason Flom dropped out of NYU to pursue a career in the record business, spending more than 25 years at Atlantic Records, ending up as Chairman/CEO, then holding similar positions at Virgin Records and Capitol Music Group. He first formed Lava Records as a label at Atlantic and eventually revived it at Republic Records, where it resides now. The 56-year-old is known for spotting unique talent, working hard-to-pigeonhole acts from Kid Rock and Tori Amos to Trans-Siberia Orchestra, Katy Perry, Lorde and, most recently, buzzing Midwest rockers Greta Van Fleet. A committed social activist, Flom has served on the board of organizations since the early '90s such as Family Against Mandatory Minimums (FAMM), the Innocence Project (which pioneered the use of DNA evidence to exonerate the innocent), The Drug Policy Alliance, The Legal Action Center, the NYU Prison Education Program and, most recently, hosting the hit podcast, "Wrongful Conviction," where he interviews people who have spent decades in prison for crimes they didn't commit.
Seems like you're devoting a great deal of your time to the Innocence Project and your "Wrongful Conviction" podcast these days.
I've been devoted to this mission for more than 25 years now. The difference is, I used to have a CEO job in which my schedule wasn't my own. Now, I have a boutique company, which allows me more freedom, thanks to my terrific staff and a great roster of talent. The good news is, it's profitable and we're in the midst of breaking Greta Van Fleet, who I'm convinced are on the verge of becoming the most important rock band of this generation. I'm super-excited about it because they bring me back to the music I loved growing up. "Safari Song" sounds like a missing track from Led Zeppelin II! They're a real '70s rock band. And it's connecting. It's near top of the Billboard album chart, and one of the main factors in their early success is word-of-mouth.
Is rock 'n' roll still relevant in 2017?
It can be, but only if it's done right. There's always room for any style of music as long as it's great. Remember the Benedictine Monks doing Gregorian chants? They went triple-Platinum! Trends are dictated by whoever's making the best music. For a long time, hip-hop's been the most creative and important music, so that's what people have gravitated towards. There haven't been a lot of bands making great rock music, and we can go into the reasons for that, though we'd probably need a team of sociologists from Yale to explain it.
How did you discover Greta Van Fleet?
They're from Frankenmuth, MI, which is famous for being the Christmas tree capital of the U.S. It's kind of in the middle of nowhere, and from what the guys have told me, there's not much else to do there besides play the guitar. Kid Rock's guitarist Marlon Young was turned on to the band by Al Sutton, who produced a lot of Kid Rock's early recordings, and it was sent to me through their attorney, Nick Ferrara. The funny thing is, I first met Nick at honors Russian Expansionism class at NYU. I was sitting there minding my own business in my Billy Squier T-shirt when he tapped me on the shoulder and handed me a beer. It was cold, so I drank it, and, a lifelong friendship was born.
Do you still get the same excitement out of seeing something start to break?
I've got to admit I do. There's a unique thrill that comes in finding great artists and helping them break. Looking back, I can say that my success is due in equal parts to my ears and my ability to network for my acts, making sure they receive the attention they deserve both within the label and in the industry.
Are you bullish on the record industry in this era of streaming?
The business has been up dramatically for two years in a row. It really is an incredible value proposition ... $9.99 for all the music in the world, from Mozart to Miley! I've been touting the subscription model since the days of Napster. Back then, everyone looked at me like I was crazy.
Do you miss running a big major label like Capitol Music Group?
The truth is, I loved doing that, but Republic Records is a great place for Lava. There's a reason they're the #1 company in the business. It's because they have the best people.
You've been involved in criminal justice reform since the early '90s.
Yes, the first organization I joined was Families Against Mandatory Minimums (FAMM). A big part of their mission is eliminating draconian sentences for non-violent drug crimes, and that is something that really speaks to me. Their motto is, "Let the punishment fit the crime." The war on drugs is one of the worst social policy disasters in our country's history. It was recently revealed that Haldeman admitted President Nixon actually wanted to wage a war on minorities and hippies, but he couldn't say that publicly, so he deviously disguised it as a "war on drugs," and the results have been devastating. At that time, the drugs were not of any real concern to the public or local police departments. So, in order to advance his evil agenda, he instructed the government to offer financial incentives to local police departments to fulfill quotas by arresting non-violent drug offenders. And that's how it all started.
Of course, the ones incarcerated were mostly minorities and those who couldn't afford proper legal representation.
It's a national disgrace that we lock black people up in this country at six times the rate per capita as South Africa did at the height of apartheid. We've gone from 300,000 people in prison in the U.S. in the '70s and '80s to 2.2 million now, that's more than a 700% increase, with no measurable benefit to public safety. It's worth noting, in other western countries, they lock up a small fraction of the number of people that we do, and their crime rates are no higher than ours. Clearly, we're doing it wrong. And I will continue to do everything I can to make a difference.
How did you get involved in the Innocence Project?
The organization was started by Peter Neufeld and Barry Scheck to overturn unjust convictions by utilizing DNA evidence. I saw something on TV about one of their cases in the early '90s and it just hit me like a ton of bricks. After all, what could possibly be worse than being locked up for life, or being sentenced to death, even though you're factually innocent? Through my work as a founding board member, I've dealt directly with many people who have found themselves in this unimaginable situation, and I am continually amazed and inspired by their strength and courage.
The "Wrongful Conviction" podcast interviews make it sound like you would've made a great lawyer, like your dad.
My dad was my hero, and I did want to follow in his footsteps, but I wasn't into going to school. I was into playing guitar, growing my hair and smoking pot. Once I got into the music business, I found what I had a passion for putting together the pieces of the jigsaw puzzle that went into finding and breaking a new act ... It's like trying to fit a square peg into a round hole. Two of my projects that exemplify this are Kid Rock and Trans-Siberia Orchestra because they didn't fit any mold ... not by a long shot. They both took a long time to break, but I kept banging on doors because I knew these acts were extraordinary.
You're also very active in opposing capital punishment.
Don't get me wrong. I'm not soft on crime, but I am tough on injustice. Our justice system is far from perfect. The best estimates are that 4-7% of the people jailed in the U.S. are innocent. And we know that many innocent people have been executed. And that leads me to find the death penalty abhorrent.
You also help those who get off reintegrate into society.
The challenges facing people who are exonerated after they emerge from decades in prison are like a second punishment. I am passionately committed to helping as many exonerees as I can get back on their feet. Being around these amazing people, getting close to them, puts "gratitude in my attitude." It really keeps things in perspective.
Another issue that's important to you is bail reform.
Our system of money bail is unconscionable. Essentially, we have two separate systems of justice. One if you have money and one if you don't. At this very moment, we have approximately 500,000 people suffering in filthy, dangerous jails simply because they can't afford to buy their freedom. It drives me crazy to know that an overwhelming majority were arrested for misdemeanors and they haven't even been convicted of anything, so there should be a presumption of innocence, yet they are subjected to a cruel and dehumanizing ordeal that has lasting, devastating consequences. Often, they will lose their jobs, benefits or even custody of their kids without ever having been convicted of a crime. I started the very first bail fund, the Freedom Fund, at the Bronx Defenders, in 2006, which allows pro bono lawyers to post bail for their own clients in misdemeanor cases. 97% of our clients have shown up for every court date, which proves that there is no need for money bail as an incentive.
Are you still looking for the next big thing?
Like any art form, music ebbs and flows; it goes through cycles. I'm bullish on talent. Usually political turmoil foments rebellion and artistic accomplishment, so I think it's in the cards. And as I often say, I've seen too many miracles to stop believing in miracles!
- Interview by Roy Trakin
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