Jackson Doc Fallout “Leaving Neverland” puts late singer’s estate in damage-control mode
Estate aims to control fallout from HBO documentary, which details pedophilia
in the decade since Michael Jackson’s death, the late singer’s estate has turned what had been a financial disaster into one of entertainment’s most lucrative properties. But now, the upcoming documentary “Leaving Neverland” threatens to upend all of that — and the estate is in full-blown damage control mode.
Directed by Dan Reed, “Leaving Neverland” was a sensation at this year’s Sundance Film Festival, where it was met with a standing ovation. HBO, which produced the doc with Channel 4, will premiere the two-part, four-hour film on March 3.
The doc centers on two accusers, Wade Robson and James Safechuck, now in their 30s, who recount in graphic detail how they were sexually abused by Jackson starting at very young ages.
At Sundance some remarked on social media that it might have permanently tarnished their enjoyment of Jackson’s music.
And that’s what likely has the Michael Jackson estate most concerned. On Feb. 21, the estate sued HBO, claiming the network was violating a non- disparagement agreement it struck with the singer in 1992. “‘Leaving Neverland’ isn’t a documentary, it is the kind of tabloid character assassination Michael Jackson endured in life, and now in death,” the estate said in a January statement.
Depending on the impact “Leaving Neverland” has in popular culture and on social media, the Jackson estate runs the risk of seeing the value of the onetime King of Pop’s name and likeness plummet — perhaps even back to the dark days before his passing. “It’s going to be a bumpy ride for a couple of months,” said brand manager Allen Adamson, the co-founder of Metaforce. “The bigger the HBO movie does, the bumpier it will be.”
By the 1990s, Jackson’s odd behavior had been well documented. But his reputation took a larger hit after he was accused of child sexual abuse in 1993. That complaint was settled out of court, but his career — which had already started to decline — took a steep dip after that.
The real damage to Jackson’s image came in 2004, when he was accused of molesting 13-year- old Gavin Arvizo. Jackson was ultimately found not guilty, but the trial in San-
It’s going to be a bumpy ride for a couple of months. The bigger the HBO movie does, the bumpier it will be.” • The testimony in “Leaving Neverland” is articulate and emotional. Review p.73
Brand manager Allen Adamson ta Barbara County and the surrounding media circus — fueled in part by years of eccentric behavior by the singer, and those previous allegations — seemed to have permanently tainted his reputation.
In a 2017 court case with the Internal Revenue Service (which accused the estate of underreporting the value of Jackson’s posthumous assets), the estate admitted as much. Paralegal Karen Langford, who once worked for Jackson’s attorney, testified that Jackson’s merchandise deals dried up after the 1993 accusation, and no national sponsor would back his 1996-97 “History” tour.
During the fight with the IRS, the estate found itself in the awkward position of initially claiming the right to Jackson’s image and likeness was worth only $2,105 at his death, due to the sexual assault allegations.
“Those things are nearly impossible to overcome,” business appraisal expert Jay Fishman, testifying for the estate, said at the IRS trial. “I call it like being in a nuclear winter.” (Fishman said the rights to Jackson’s estate were worth only $3 million at his death, compared with the IRS’ claim of $161 million.)
But after Jackson died, fans were quickly willing to forget the old scandals. Album sales and radio airplay came roaring back. Even now, “Thriller”-era Jackson — who had previously fallen out of favor at many outlets — is a staple on oldies radio stations.
“He had some stigma around him before he died,” one radio executive told Variety. “The things that came out in the Santa Barbara case, those were shocking. When he died, it all went away. There was an immediate love for his music. Some of our biggest songs are from him.”
Now, Michael Jackson is easily entertainment’s highest-paid dead celebrity. According to Forbes, in 2018 his estate pulled in $400 million — far more than No. 2, Elvis Presley, at $40 million. The number was further inflated last year thanks to the $287 million sale of his stake in EMI Music Publishing to Sony. According to Forbes, Jackson’s estate has earned $2.1 billion (inflation-adjusted) since his 2009 passing.
There are some early signs, however, that “Leaving Neverland” could have an impact on the Jackson brand. The estate and Columbia Live Stage recently canceled plans for a Chicago tryout this year for the Jackson jukebox musical “Don’t Stop ’Til You Get Enough.” A labor dispute was blamed for the cancellation, but the timing raised eyebrows. Instead, the show is scheduled to premiere on Broadway in the summer of 2020 — perhaps when “Leaving Neverland” is a distant memory.
Despite the horrific abuse documented in “Leaving Neverland,” Reed said he’s not advocating a scrub of Jackson music from popular culture. He’d rather leave that up to the individual. “No doubt people will talk about a Mute MJ campaign,” the director said. “Personally, I would not endorse that; it’s got to be a personal choice. As someone who’s watched the film, would you want to hear a Michael Jackson track playing at a kiddie’s party?”
That debate over separating the art from the artist is one also underway with disgraced stars such as Bill Cosby, Kevin Spacey, Louis C.K. and, most recently, R. Kelly. But the obvious difference with Jackson is that he is no longer alive, and that’s why Adamson believes the Michael Jackson brand may weather “Leaving Neverland.”
“There is not going to be an echo chamber where he denies it [and] the lawyers get involved,” said Adamson, who also believes the past allegations may potentially mitigate the documentary’s effect. “I don’t think it will surprise the vast majority of the marketplace. The whole ‘Neverland’ idea always seemed sketchy at best.
“The best thing for the Jackson brand,” he added, “would be to not respond, not argue, to dial back and go into a quiet period and wait for some time to go by.”