Contents

Foreword

Acknowledgments

1    Market Opportunity and Segmentation: The Diverse Role of Studios and Networks

Introduction

Market Opportunity and Segmenting the Market

Defining Studios by Their Distribution Infrastructure

What Does Distribution Really Mean?

Range of Activities—Distribution Encompasses Many Markets

Relative Size of Distribution Revenue Streams

Overhead

Pipeline

Need for Control

Joint Ventures

Demise of Historic Joint Ventures

Branding and Scale Needs: Online Giving Rise to a New Era of Joint Ventures?

Studios as Defined by Range of Product

Quantity

Range of Labels and Relationships

Pipeline and Portfolio

Brand Creation versus Brand Extension

Windows and Film Ultimates: Life-Cycle Management of Intellectual Property Assets

Film: Primary Distribution Windows

Film Revenue Cycle

Shifting Windows

Television: Channels Defined by Range and Quantity of Product Plus Reach and Specialization

Defining Networks by Product, Reach, and Range of Budgets

Product Portfolio Strategy: Brand Extension versus Brand Creation

Television Windows and Life-Cycle Revenues

Internet and Other Digital Access Points

2    Intellectual Property Assets Enabling Distribution: The Business of Creating, Marketing, and Protecting an Idea

The Development Process

Development in Stages

Development in the Context of Distribution

Is Online Different?

Development Guidelines

Development Costs

Optioning Properties

Efficiency of Options

Marketing Ideas (aka Pitching)

Rhythm of the Story, Walk Me Through the Story

Toy Story as an Example

Protecting Content: Copyright, Piracy, and Related Issues

Copyright

Streaming Live TV—the Threat of Enabling Cord-Cutting

Trademarks

Piracy and Fighting Illegal Copying and Downloads

3    Financing Production: Studios and Networks as Venture Capitalists

Overview

Principal Methods of Financing Films

Principal Methods of Financing Online Production

Variety of Financing Methods as a Response to Difficulty and Risks in Predicting Success of Experience Goods

Challenge Exacerbated in Selecting which Product to Produce

Studio Financing

Classic Production–Financing–Distribution Deal

Studio Financing of Production Slate; Studio Coproductions

Independent Financing

Foreign Pre-Sales

Ancillary Advances

Negative Pickups

Third-Party Credit—Banks, Angels, and a Mix of Private Equity

Crowdsourcing

Leveraging Production with International Coproduction Financing—the Wachowskis’ Experiment with Cloud Atlas

Rent-a-Distributor: When a Producer Rises to Studio-Like Clout

Reduced Distribution Fees are Key to the Deal

Funding Ensures Tapping into 100 Percent of Revenue Streams

Television: How and Why Does it Differ?

Network, Cable, and Pay TV Financing

Deficit and Risk Continuum

TV and Online’s Relatively Lower-Risk Profile

The Wrinkles of Coproduction

Case A: A Party Invests in Production in Return for an Equity Stake

Case B: A Party Invests in a Production in Return for Distribution Rights

Case C: When There is Creative and/or Production Collaboration Between Parties with Respect to a Production

Online’s Relatively Low Coproduction Quotient

4    Theatrical Distribution

Theatrical Release as a Loss-Leader

Basic Definitions and the Uneasy Tension between Distribution and Production

The Theatrical Release Challenge—Locomotive for Awareness While Profits Remain Downstream

Hedging Bets and Profiling Release Patterns

History and Market Evolution

Consent Decrees, Block Booking, and Blind Bidding

Multiplexes and Bankruptcies of Major Chains

The Digital Divide and Digital Cinema

Distributor–Exhibitor Splits/Deals

Components of Film Rental

90/10 Minimum Guarantee Deals

Aggregates: Alternative to 90/10 Deals with House Nut

Firm Terms versus Settlement

Four-Wall Structure

Release Strategy and Timing

Factors in When to Release

The Online and Digital Speed Factor

Records Are Not What They Used to Be—Dissecting Opening Weekends

Theatrical Booking

Locations, Types of Runs, Length of Runs, Frenzy of Booking

Prints and Screen Counts

Per-Screen Averages

Decay Curves and Drop-Offs—Managing the Release

International Booking

Boom International Markets Driving Increase in International B.O.

Concessions

5    The Home Video Business

Compelling Value Proposition

History and Growth of the Video Business

Early Roots: Format Wars and Seminal Legal Wrangling

The Betamax Decision: Universal v. Sony

The Early Retail Environment: The Rental Video Store

Transition from Rental to Videos for Purchase: Retail Expands to Accommodate Two Distinct Markets for Video/DVD Consumption

The Emergence of and Transition to DVDs

Beyond an Ancillary Market: Emergence of the Made-for-Video Market

Next-Generation DVDs: Blu-Ray versus HD-DVD—Format War Redux

Blu-Ray to the Rescue?

Product Diversification

Maturation of the DVD Market and Growing Complexity of Retail Marketing

Peaking of the DVD Curve and Compressed Sales Cycle

Expansion of Retail Mass-Market Chains: Walmart, Best Buy, Target, etc.

E-Tailers and Next-Generation Retail

Netflix and the Growth of Subscription Rental

Netflix’s Qwikster Debacle

The Slow, Steady Decline of Netflix’s Physical Disc Rental Business, and its Belief in Streaming Focus Vindicated

Netflix’s Next Big Challenge: The Cost of Content

Physical Disc Inventory Management and Impact on Pricing and Profits

Returns and Stock Management

Pricing, Price Reductions, and Price Protection

International Variations

Release Timing and Development of Market

Video Economics and Why Video Revenues are Uniquely Profitable to Studios

Video Revenues

Video Royalty Theory and Influence on Cash Flow

Setting Royalty Rates

Video Costs

The Future of Video

6    Television Distribution

Free Television (United States)

Free Television Market Segmentation

Free Video-on-Demand and Internet Access—What Does Free TV Mean?

Metrics and Monetization Challenges

Distribution Patterns and Windows: The Decline of Ratings for Theatrical Feature Films on TV and Evolution of the Market

Economics and Pattern of Licensing Feature Films for TV Broadcast

First-Run TV Series

Syndication Window and Barter

Online Services Now Changing the Dynamics

Impact of Elimination of Fin/Syn Rules and Growth of Cable

Basic Economics of TV Series

Upfront Markets, Mechanics of Advertising Sales, and Ratings

Digital Upfronts

Internet Intersection—Live + What?

Social Media Driving New Changes

Pay Television

Film Licenses and Windows

Basis for License Fees: Calculation of Runs

Beyond Multiplexing—Apps and Pay TV On the Go

Output Deals

Original Programming Now the Cornerstone of Pay TV

Aggregators Positioned for the Future

Flexible Pay TV: Subscription Video-on-Demand

SVOD Window

Deal Term Overview (Pay and Free TV)

International Market

History of Growth

International Free Television

Crowdsourcing as Mechanism to Reduce Costs

International Pay Television and Need for Scale

Coproductions

Case Study: The Kirch Group

A New Landscape—Impact of DVRs, VOD, and Hardware

TiVo and DVRs

The New TV Paradigm/VOD

7    Internet Distribution and a New Paradigm: On-Demand and Multi-Screen Access, Cord-Cutting, Online Originals, Cloud Applications, Social Media, and More

Not Very Old History—The New Millennium’s Wave of Changes in Consuming Video Content

User Experience Becomes King

Rationalizing the Burst of Convergence

Fear Factor I: Panic to Avoid the Fate of the Music Industry

Fear Factor II: Would On-Demand and Download Markets be Less than Substitutional for Traditional Markets (Pessimistically Discounting the Potential of the Markets Being Addictive)?

Online Services Becoming “Networks”—the Move for Online Leaders to Compete with their Own Original Content

Netflix, YouTube, Hulu, and Amazon Shift Gears

Traditional Search Engines and Everyone Else Creating Online Originals

Cord-Cutting: Over-the-Top, Apps, and Other Modes of Access

Dedicated Hardware Boxes

Multipurpose Boxes—Living Room Convergence and Home Network Hubs

Integrated Televisions: Internet Access Embedded within Your TV

Growth of the App Economy—Access via Tablets and Smartphones

Overall Impact (Cord-Cutting)

Internet-Enabled Streaming Services: Amazon, Netflix, Hulu, and Beyond

Amazon: Digital Lockers, Remote Streaming Access, Downloads, and Bundled Subscription Streaming

Netflix

Hulu and Hulu+

International Services

Channel Streaming Apps (as Opposed to Accessing a Single Piece of Content) and Murky Legal Ground

Cloud Services and Networks Enabling Everything, Everywhere

UltraViolet and TV Everywhere

International Leaders Leveraging Apps and Providing Content Anytime

Short-Term Renaissance for TV Programming Sales

Bypassing Everyone: Direct from the Creator

Personalization and Socialization of TV—Playlists, Recommendation Engines, Social Watching, and Tools for Content Interaction

Old Guard Tries to Adapt—Studios’ Failed Bids to Offer an Online Service; Brick-and-Mortar Retailers Try to Offer Complementary Online Solutions

Limited Studio Attempts to Make the Download Market

Physical Retailers Offering Competitive Online Solutions

Revenue Models and Economics: Multiple Systems Coexist, Just Like the Offline World

Streaming: Fundamentals of Monetizing Internet Advertising

Transactional VOD

Differentiating between Tiers of Content: Cable Bundle Pricing Goes Online

Dearth of Bold Experiments

Resistance to Disruptive Change: Studios Suing Rather than Embracing; Talent Guilds Fearful of Being Cut of Pie

Internet Viewing and Immediacy of Content—the YouTube Generation and the Studios Conundrum

How Online and Download Revenues Became the Focus of Hollywood Guild Negotiations and Strikes

8    Ancillary Revenues: Merchandising, Video Games, Hotels, Pay-Per-View and Transactional VOD Roots, Airlines, and Other Markets

Merchandising

Transmedia

As Risky and Lucrative as the Film Business

What Properties Can Spawn Successful Merchandising Programs?

Licensing Programs

What is a Licensing Program?

Quality Control and Timing

Licensing Deals

Economics: Minimum Guarantees/Advances

Role of Agents

Toys as a Driver

Mega Deals: Star Wars and Spider-Man

Coming Full Circle: Toys Spawn Films Spawn Toys

Toys and the Internet—Growing Crossover with Avatars and Virtual Worlds

Extending the Franchise: Video Games, Books, etc.

Growth of Social Games and Importance of Data Analytics

Additional Ancillary Revenue Streams: Books, Film Clips, Music, Live Stage, etc.

Hotel and Motel

Size of Market and Window

Economics

International

PPV (Cable) and Transactional VOD Roots

PPV and VOD Roots

Residential VOD: The Virtual Video Store

Airlines

Market

Window

Economics

Non-Theatrical

Window

Economics

9    Marketing

Back to Experience Goods

Strategy (Film)

Budget Tied to Type and Breadth of Release: Limited Openings, Niche Marketing, and the Web’s Viral Power

Timing, Seasonality, and Influencing External and Internal Factors

Day-and-Date Release

Third-Party Help: Talent and Promotional Partners’ Role in Creating Demand

Talent Involved

Promotional Partners

Theatrical Marketing Budget

Direct Costs

Allocation of Media Costs

Trailers

Posters

Commercials (Creating) and Creative Execution

Press and PR

Websites

Social Networking—Sites and Microblogs

Market Research

Indirect/Third-Party Costs

Net Sum and Rise in Historical Marketing Costs

Video Marketing

Macro-Level Spending/Media Plan and Allocation

Press, PR, and Third-Party Promotions

Net Sum

Television

Direct Costs

Commercials and Opportunity Costs

Press and PR

Use of Programming Schedules/Lead-Ins

Online Marketing: Expanding the Toolset

Social Networking

Case Study: Marketing a Mega-Film

Pre-Release Window: Period Leading Up to Time Approximately 30 Days Pre-Release

Release Window: Approximately 30 Days Pre-Release Through First Two Weeks Post-Release

Post-Release Window: Approximately 30 Days Post-Release Through DVD and More

10  Making Money: Net Profits, Hollywood Accounting, and the Relative Simplicity of Online Revenue Sharing

Profit Participation Accounting

History of Net Profits

Celebrity Lawsuits Spotlight Accounting Practices

Why So Complicated—Endemic to the Talent System?

Gross and Net Profits: How are They Defined and Calculated?

Included and Excluded Revenues

Certain Costs Always Deducted

Distribution Fees

At-the-Source Recognition

Distribution Costs and Expenses

Gross Participations, Deferments, and Advances as Cost Items

Imputed Costs: Production and Advertising Overhead, Interest

Phantom Revenues: Allocating Taxes and Other Non-Picture-Specific Items

Net Profits: An Artificial Break-Even Point and Moving Target

Gross Participations/Profits

Impact of Categorizing Costs as Production versus Distribution Costs

Online Accounting: Simple Revenue Sharing and the Net Profits Divide

Gross is Gross and Net is Net—Sort of

Revenue Sharing

Variations of Profit Participation

Types of Break-Even

References

Index

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