What if ‘winning’ the streaming game doesn’t lie in creating the largest channel, but in dominating how people consume streaming services? This is a question we could see Roku answer in the coming years. Entertainment lawyer Brandon Blake examines their stranglehold on the smart TV market.

A Risky Gamble

Roku entered the wider streaming market seven years ago, when digital distribution of entertainment content was still in its relative infancy. Instead of gambling only on their own channel, they instead provided an operating system that sought to tie together people’s existing hardware with the shift to digital through their set top boxes. Today, most people buy their products fully integrated on smart TVs, although they still have set top boxes on offer. 

Last year, they sold more smart TVs to U.S families than any competitor. As of the end of 2021, they have a 38% share domestically, and 31% share in Canada. They claim 51.2M active accounts, 14M of which came online in the last year. Roughly 58.7B hours of entertainment was watched through Roku devices in 2020.

Not bad for a brand that was unknown at launch.

Monopolizing the TV Space

Most of this was created through offering affordable smart TV sets, backward-compatible tech, and an easy-to-use UI instead of the latest, greatest features. This at a time when the American public were still only dabbling in the intimidating new streaming spaces and reluctant to spend much. It is still primarily their smart TV UI that drives the company bottom line, with other tech reaching only middling sales stats.

It’s certainly given them power in the streaming landscape despite owning no studio or content creation point of their own. Of course, they haven’t been bulletproof, as we saw in their messy negotiations with AT&T over HBO Max last year. However, they have an undeniable traction in the market, even getting away with some ad-sharing and revenue demands no other third-party host has managed to date. They have also been fairly successful in demanding that parts of their partners’ catalogs go to their (free) Roku Channel.

It’s an interesting side development in the streaming space, and one they continue to dominate. Could winning the streaming wars lie in not fighting them at all, but simply leveraging others? Blake & Wang P.A will certainly be interested to see how Roku develops over the next few years, as streaming becomes the dominant film and TV market player. 

In an interesting move, we have seen the U.S. Federal Communications Commission (FCC) announce that it will introduce new requirements to force broadcasters to disclose foreign governmental interests on domestic airwaves. Brandon Blake, the entertainment lawyer at Blake & Wang P.A, breaks down what we know.

April 2021 Ruling

While it’s tempting to see the development as tied to wider political developments, it has in fact been afoot since April last year, simply rolling out now. Going forward, the new rules apply immediately to newer leasing agreements, and will need to be adopted within a half-year period for existing agreements. 

It will be a requirement that it is disclosed at the time of broadcast if a foreign government entity paid for the material to air, on both TV and radio. Direct, as well as indirect, airwave leasing is included. 

Greater Transparency

The stated aim is to introduce greater transparency to how, and when, foreign government-sponsored material is being broadcast. We’ve seen an overall upward wing in such programming of late, with Chinese and Russian material leading the charge. This is likely to be why the roll-out is being pressed into effect so abruptly. Growing concerns over the spreading of news via social media and digital platforms likely also played a role in the change.

While the wider political ramifications are not ours to contemplate, the move towards greater transparency in consumed programming, and the interests behind it, is likely to be met with general positivity. As the content boom brings us more and more ways to consume media, not always intended for simple enjoyment, it could represent a step in controlling the messages reaching our eyes. How well met it will be by the general public, however, remains to be seen.

Will The Batman meet current predictions to become (at least) Hollywood’s fifth-biggest pandemic-era film? As the film crosses the $300M mark globally, it’s looking well set to do so. Brandon Blake of Blake & Wang P.A. looks at the numbers for us.

Critical and Fan Performance

The Batman was always going to face a lot of scrutiny, representing the first superhero film and the first real blockbuster to follow in the wake of the runaway success of Spider-Man: No Way Home. To date, the Matt Reeves take on the Caped Crusader has held up well under both the critical gaze and fan opinion. This has been something of a surprise for many. The casting of Robert Pattinson, in particular, in the lead role faced something of a fan-driven kickback at first, even netting a petition to boot him from the role when the casting was first announced. Best known as the sparkly lead from Twilight, many fans felt he couldn’t possibly live up to expectations as the dark and broody superhero.

On the contrary, he’s managed to turn in a compelling performance that’s resonated well theatrically and with critics. While we saw a very slight drop-off in takings for the Tuesday following its opening weekend, it has still managed to keep overall takings buoyant, and the drop-off is reasonably comparable to that for many other films released at this time of year historically. It’s also perfectly reasonable to assume much of the focus will be on weekend showings as the world gets back to work.

Predicted Path

Crossing the $300M threshold brings it into direct competition with COVID-era key players like Tenet, Free Guy, Black Widow, F9, Dune, and even No Time to Die and Shang-Chi and the Legend of the 10 Rings. While there’s a long way to go before it could rival the exceptional performance of Spider-Man: No Way Home, a benchmark it likely won’t meet, that’s impressive enough at this time. There’s a realistic chance that, by the time you read this, it will actually crest the $400M mark, too. 

With certain Asian markets only seeing their opening weekend this week, it’s an admirable performance, and one that still has reasonable room for growth still. This entertainment attorney will be watching its future performance with great interest.

Squid Game has already rewritten key parts of TV history for itself, being one of the first non-English language drama series to ever carve itself an iconic spot in Western TV history. Now we’ve seen it get the nod from the SAG awards with three wins. Entertainment lawyer Blake & Wang PA’s Brandon Blake has more. 

The Most Popular Series in Netflix History

The series needed no award accolades, of course, to be a notable entry in the history books. It’s already blasted its way to the all-time top series list for Netflix, and has netted more than one key accolade in the process. It even made history with its SAG nominations, being the first non-English series to be nominated for any award at all. 

Yet winning 75% of the SAG awards it was nominated for is an impressive feat in itself. We saw  Lee Jung-jae win Outstanding Performance by A Male Actor In A Drama Series, Jung Ho-yeon win the award for Outstanding Performance by A Female Actor In A Drama Series and the ensemble cast took home the award for Outstanding Action Performance by Stunt Ensemble in a Television Series. It lost out on the Outstanding Performance By An Ensemble In A Drama Series, with Succession taking the title. It’s a sweet win for Jung Ho-yeon, particularly, marking her debut in the acting world from her model career.

Not The First Win

This isn’t the first win for Squid Game this season- cast member Oh-young-su previously won a Best Supporting Actor Award at the 79th Golden Globes, the first Korean actor to take home a Golden Globe ever. Squid Game itself won a Gotham Award for Breakthrough Series, a Bingeworthy Show of the Year award at the People’s Choice Awards, and an AFI Special Award, too.

However, it’s the first time we’ve really seen it get stuck into the traditional awards format, picking out specific performances as well as the ensemble cast’s efforts rather than simply honoring the series for its iconic takeover of our screens. All in all, it’s a very happy win and one that was deserved. This entertainment lawyer wishes them all the best on their wins.

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While South Korea is a key example of how much global traction local-language productions can actually pull, it’s not the only arena for streaming focus right now. Netflix has been investing in local originals across a far wider base- and now it’s added France to the list at last. Brandon Blake of Blake & Wang P.A shares the news.

French Cinema Guild Deal

The new deal will see a $45M investment in at least 10 French and European films over the three-year period, all of which will have guaranteed theatrical release in France. Reached with the three key French guilds- ARP, BLIC, and BLOC, representing producers, creatives, and cinema owners- it’s the first SVOD deal of its kind to be seen in the country. Netflix will return at least 4% of its annual net revenue into the productions, and $34M of the deal will focus on French-language productions. 15 months after the theater release, Netflix will acquire an exclusive 7-month streaming window.

Low Budget Prioritized

17% of the $45M deal must also be plowed into productions with a sub $4.54M budget. The deals will be pre-financed, so before principal photography, too. This comes on the heels of a deal to invest 20% of the streamer’s annual revenue in France into French content, something mandated by the French government to put it onto an equal footing with other TV networks in the country.

They have, however, received special dispensation on the window between the local release and online screening. France has the longest window, at 36 months, of any European country, but Netflix will only be required to adhere to the 15 month window above. 

Despite this development paving the way for Netflix to return to Cannes, an arena it has been locked out of due to the requirements for the competition titles to have a French theatrical release, it seems they will not be returning to Cannes this year. Perhaps, however, we will see a 2023 release for them? It’s too early to tell, but this entertainment attorney will be watching with interest.
            

Roku announced solid subscriber growth, but unmet revenue targets, for the close of Q4 2021. Brandon Blake, Blake & Wang P.A entertainment lawyer and industry expert, unpacks the figures and fills us in on some key news and developments. 

Below Wall Street Expectations

While Roku managed to onboard subscribers to take it to 60.1M active users in the last quarter of the year, its total revenue of $865.3M fell short of Wall Street Benchmarks. This has been mostly attributed to supply chain issues delaying new purchases in the US TV market. While this is expected to also adversely impact Q1 for this year, total revenue for the upcoming Quarter is currently estimated as $720M.  However, there were other positive growth indicators, too. Streaming hours grew by a modest $1.5B, and the CEO seemed very happy with overall results despite the Wall Street naysayers.

A New Smart TV?

What Louden couldn’t be drawn on, however, was whether there’s any traction in rumors that Roku will be looking to create its own TVs. We do know, however, that Roku’s platform chief, Scott Rosenberg, will be exiting the company as of spring. He will be replaced by former NBC direct-to-consumer president, Gidon Katz. Oddly, however, Rosenberg insists this isn’t a direct placement, describing his role as ‘monetizing’ the platform and the new role more about user experience, visual design, and experience creation. It’s an odd line to draw in the sand, really. 

All the same, while Wall Street may be grumbling about their expected benchmarks, Roku’s managed to onboard a fair chunk of subscribers at a time where that’s no longer easy to do. And, distribution chain challenges aside, it’s turned a decent profit doing so, too. We will be watching Q1 results with great interest.

Spider Man: No Way Home and Ghostbusters: Afterlife is on their way to HBO Max, at least for HBO’s Central Eastern European content partners. It’s an interesting move, no doubt intended to bolster the switch from HBO Go to HBO Max in the areas, so entertainment attorney Brandon Blake has more for us.

HBO Go Goes Away

The switch to the HBO Max brand will roll out over 46 territories in the Eastern European region next month, as of March 8th, with further European expansion later this year. Bringing Sony blockbusters to the small screen will doubtless sweeten the deal- especially the prize that Spider Man: No Way Home turned out to be, as well as popular Venom: Let There Be Carnage, Monster Hunter, Happiest Season, and even Jumanji and Hotel Transylvania, among others. The Sony Pictures TV library is also included as part of the deal.

Wider Content Deals

This move expands on a pre-existing content deal with Sony that has seen numerous content in the region roll out on WarnerMedia channels. It certainly makes for a diverse, rich, and rather compelling slate for WarnerMedia, too.

It will be Spider Man, no doubt, so fresh off of the circuit and now firmly entrenched in the list of the Top 10 best-earning films of all time, which draws the most attention in this newly extended deal. Domestically, Spider Man is set to hit Starz no less than three months after its VOD period. Rumors peg that VOD date as February 28th, although that’s yet to be officially confirmed. So the HBO Max deal, currently presumed to be for the pay one period, represents a significant boost for HBO Max’s European market share. While Disney+ currently has a deal to bring Spider Man to the more popular service post pay one, this is realistically looking to be a 2023 date at present.

In short, unless you’re in Eastern Europe, you might want to make sure to grab one last batch of tickets for Spiderman if you’re hoping to see it any time soon. Blake & Wang P.A hopes you enjoy the show!

The BAFTA Film Awards, set to go ahead with an in-person ceremony on March 13th this year, have released their round of nominees. Prominent among them we see Dune score 11 nominations. Entertainment lawyer Los angeles Brandon Blake has more for us.

Power of the Dog and Dune Dominate

Alongside these 11 nods to Dune, we see Power of the Dog, a hot Oscar contender at present, take 8. Belfast, another picture strongly in the Oscar running, received 6 in comparison. All three secured a best film nomination as part of their slate.

Licorice Pizza and Don’t Look Up, two others mentioned in the Oscar race but beginning to slide a little down the consideration lists, round out the best film category. Licorice Pizza, Daniel Craig’s final Bond outing, No Time to Die, and the West Side Story remake all brought in 5 nominations. 

Best Director contenders include Aleem Khan (After Love), Jane Campion (Power of the Dog), Audrey Diwan (Happening), Ryûsuke Hamaguchi (Drive My Car), Julia Ducournau (Titane), and Paul Thomas Anderson (Licorice Pizza).

Lady Gaga will no doubt be thrilled with her nomination for House of Gucci, bolstering her own Oscar race and rewarding a compelling performance. She takes nominations alongside Emilia Jones (CODA), Alana Haim (Licorice Pizza), Renate Reinsv (The Worst Person in the World), Joanna Scanlan (After Love), and Tessa Thompson (Passing). 

Meanwhile, we see an unsurprising nomination for Benedict Cumberbatch as the lead rancher in Power of the Dog, with Will Smith also getting a nod for King Richard. Leonardo DiCaprio (Don’t Look Up), Mahershala Ali (Swan Song) Adeel Akhtar (Ali & Ava) and Stephen Graham (Boiling Point) complete the list.

Overall, 48 different pictures are represented in this year’s nomination slate.
A Broad Slate
It’s an oddly different slate of stories we’re seeing across the board, perhaps representative of the expanded BAFTA membership. We’ve also seen expanded director and acting categories, and a longlist voting round as major changes to the BAFTA inner workings.

It’s an interesting slate, with some heavy pointers to where Oscar nominations will go. The Blake & Wang P.A team will enjoy seeing who wins the prize.

With Award Season now knocking on our doors, we’ve seen the Writers Guild of America throw their film nominations into the pot, for all the ceremony itself will stay virtual for this year. The WGA awards are always a little different, as their eligibility criteria vary from standard. Who has the nod and who doesn’t? Entertainment attorney Brandon Blake lets us in on the nominations.

March 20th Ceremony

Winners will be announced on March 20th, through a virtual ceremony that will also be the last major award show before the Oscars itself. Nominees were chosen from an eligibility period that ran from March 1st, 2021 to December 31st, 2021.

You will notice that some surprising contenders are missing. The WGA has some unique rules for nomination, and nominees have to have been produced under the Minimum Basic Agreement with the WGA to be eligible. This means that we won’t see some hot contenders nominated here, including Power of the Dog and Belfast, two films that have attracted a lot of attention and are seen as Oscar front-runners.

Key Nominations

We at Blake & Wang P.A congratulate all nominees, of course, but there’s a few key categories to keep an eye on. Here’s what you should know:

Original Screenplay

This year we see these nominees:
Being the Ricardos

• Don’t Look Up
• The French Dispatch
• King Richard
  Licorice Pizza

Adapted Screenplay

Here’s the top 5 for an adapted screenplay:

• CODA
  
• Dune
  
• Nightmare Alley
  
• Tick, Tick….BOOM!
  
• West Side Story
  

Best Documentary:

Key nominees here include:

• Exposing Muybridge
  
• Like a Rolling Stone
  
• Being Cousteau

It will be interesting to see how the nominees fare, especially with two key Awards Season favorites out of the running. We will be here to let you know how the ceremony goes down, as well as confirm the winners, so check back often.

With Award Season now technically underway, we wouldn’t blame you if it felt a little blah all the same. Despite 2021 leaving us with some fantastic movies and TV shows to celebrate, 2022 has got off to a sour start, with many festivals opting to postpone, cancel, or go digital. We have, however, finally seen confirmed dates for many highlights of the season. Entertainment attorney Brandon Blake sets it all down for us.

Winter Months a Challenge

Part of the problem, of course, is that winter months and people gathering in tight spaces are an absolute no-go for many risk-averse award ceremonies as we see Omicron peeks almost daily. Luckily, the preventative measures look a whole lot more sophisticated now, and contingency plans have been part of the deal for years now.

So what do we have so far?
January
Alongside many niche-specific award ceremonies, including the Golden Reels, ADG Awards, and CAS awards, we see the following:

• 25th American Society of Cinematographers (nominations)
• 27th PGA Awards Film & TV (nominations)
• 27th DGA Awards (nominations)
• 27th WGA Awards (nominations)

February

Key dates to remember from February include:

• 3rd: BAFTA Film Awards (nominations)
• 5th: IDA Documentary Awards
• 8th: Oscar (nominations)
• 26th: PGA Awards
• 27th: SAG Awards

March:
We see a few awards ceremonies that would typically be earlier in the year move into March, including many of the niche awards we saw nominated in January. 

• 4th: IDA Awards
• 5th: ACE Eddie Awards
• 6th Independent Spirit Awards
• 13th: BAFTA Film Awards
• 13th: Critics Choice Awards
• 20th: WGA Awards
• 27th: The Oscars
• 30th: BAFTA TV Awards (nominations)

May
8th: BAFTA TV Awards
For now, the Governors Awards and the New York Film Critics Circle Awards remain indefinitely postponed, while we await the TBA on the AACTA awards.
For now, it seems that- bar a little disruption- most events will be going forward as planned. Blake & Wang P.A will, of course, keep you updated as we go.