Jon Kurland (HLS ’11) is a leading media and technology lawyer who was recently recognized by The Hollywood Reporter in its 35 Under 35 List for 2020 for his contributions to the growing podcast medium. We asked Jon to speak to The Record about technology practice, the evolution of audio, the future of media & entertainment, and his path from Harvard Law School to Amazon and Audible.
Interview conducted and condensed by The Record President Robert Mahari.
Q. What was your path from HLS to Amazon and Audible?
I initially went to law school because I wanted to better understand how decisions are made across society. I was also fascinated by the ways in which technology was shaping the world, and availed myself of curricula at HLS focusing on the emerging law of the internet. This included research with the founder of what is now known as the Berkman Klein Center for Internet & Society, Professor Charles Nesson.
As a 1L, I also noticed a surprising gap in the academic literature at the convergence of law and business, so I cofounded the Harvard Business Law Review, where I served as founding executive editor. This experience showed me firsthand the power of bringing a business mindset to legal questions, and vice versa.
After law school, I joined a large corporate law firm representing hedge funds, private equity firms, and large financial institutions. On weekends, I found myself drawn to the cultural life of New York, and attended as many art openings, film screenings, and concerts as possible while also using my legal skills to work with several art non-profits.
One day, I was lucky enough to be staffed on a case relating to a visual effects company founded by Titanic and Avatar director James Cameron. This experience provided me with an ‘a-ha moment’, where I realized that I could put together my passion for media and culture outside of work with my skillset as a lawyer.
From there, I transitioned to media and entertainment practice full time, where I had the opportunity to represent music performing artists including Dave Matthews, Kanye West, Pearl Jam, Demi Lovato, and Nick Jonas as well as actors, screenwriters, producers, and directors including Richard Linklater and Justin Lin. I also worked on films like Suburbicon (starring Matt Damon & Julianne Moore), Gold (starring Matthew McConaughey) and Loving (starring Ruth Negga & Joel Edgerton).
At the time, I optioned more than a dozen shows that originated in audio for exploitation in film and TV, and saw firsthand the potential for media companies to reach audiences through audio. After working on a variety of shows with distributors ranging from Amazon, Hulu, Netflix, and many others, I joined Amazon’s Audible as one of the company’s first in-house attorneys dedicated to the expansion of our audio entertainment business.
Q. How does your legal work intersect with other parts of Amazon’s business?
One of the great parts of practicing at Audible is the opportunity to learn from and collaborate with colleagues across other Amazon businesses including Amazon Music, Amazon Studios, Twitch, Amazon Games, and Alexa. Lawyers at Amazon have a responsibility protect the company from a risk perspective while at the same time driving value from a business perspective. Audio is also a particularly fruitful area for collaboration across the IP value chain, as it serves as a ‘petri dish’ for innovation.
Q. What do you view as the biggest challenges and opportunities for media law long-term?
The lines between content and product are blurring, and as a media lawyer, it is increasingly essential to bring content expertise to product questions, and product expertise to content questions.
To that end, it is important to stay engaged with cutting edge intellectual property, copyright, trademark, and marketing case law and industry norms. In addition, as regulatory obligations for technology businesses continue to expand, it is also increasingly vital to stay on top of changes in areas like data privacy and child safety.
While we may not know exactly what the media and entertainment landscape will look like in a decade or two, history shows that market leaders will need to protect their rights as norms and technologies evolve and laws and regulations shift. This continual change presents opportunities for lawyers to bring creativity to drive the best possible results for customers and innovation.
Q. How have the rapid changes to the way media is created, distributed and consumed affected your work?
I’ve always been drawn to industries at moments of transformation, as they provide an opportunity to have the greatest impact. This was certainly the case for the media business in the early 2010s, when digital transformation was indelibly altering the music, film, and TV landscapes. I found myself with a front row seat to witness – and in some cases help shape – this transformation.
In music, I had the chance to work on some of the first Apple Music deals, the first Spotify algorithmic song traced to the listener’s heart rate using a wearable, the first Snap Music video, and one of the first Facebook Live shows. I also participated in the transition of the film and TV business from the traditional studio model into the streaming age, and had the chance to work on several of the first virtual reality deals touching Hollywood.
Most recently, I’ve had the opportunity to participate in the evolution of the podcast and audio entertainment business firsthand. As a general matter, the industry is witnessing major tailwinds in terms of consumer demand for better and more targeted audio content to inform, inspire, and entertain. This boom in podcasting has resulted in major opportunities for creators to reach audiences and pilot IP – and at Audible I’ve had the chance to work with production companies led by creators like LeBron James, Steph Curry, and Will Smith.
As business models continue to evolve across the media and technology landscape, it gives lawyers the opportunity to drive business value, handle new challenges and advise on issues and transactions at the forefront of where the industry is heading.
Q. What are the most important skills for a media & technology attorney?
A strong media & technology lawyer is someone who does not merely react to market forces, but instead drives business value by seeing around corners to anticipate future needs. In addition, they bring a clear passion for the underlying content they are touching, which allows them to understand both the larger tectonic forces at play in the industry as well as the specific challenges present in any negotiation or project.
Successful media and technology lawyers also tend to exhibit many of the qualities of any excellent deal lawyer, including strong attention to detail, the ability to multitask, the capacity to think quickly, and a deep understanding of underlying business dynamics. Most also place an emphasis on forging and building relationships, which can prove to be invaluable over time given the relatively small size of the industry.
Q. What advice do you have for HLS students interested in media and entertainment law?
Follow your intellectual curiosity! While we live in an age of specialization, it is also important to be adaptable – and one of the best ways to do so is by using your law degree as a tool to help you pursue your passions.
Media, technology, and entertainment are all rights and IP reliant businesses, and a law degree can be an invaluable tool to help shape the future of these industries. In addition, as the pace of change continues to accelerate in technology and specifically areas like data privacy, artificial intelligence and blockchain, law students and young lawyers can help shape the direction of emerging norms through research, writing, and advocacy.