Wall Street throws doubts on Disney’s capability to deliver ambitious subscription numbers

Disney + has been something of a darling of the post-pandemic streaming age, leaping to the forefront of streaming services despite being a relative neonate next to Netflix and others. Yet, despite this fast climb to the top and a solid, if unexciting Q3 result, we’re finally seeing some push back on claimed growth potential from Wall Street investors. Entertainment lawyer with Blake & Wang P.A, Brandon Blake, guides us through the details.  

Brandon Blake

Ambitious 2024 targets

Financial observers are calling into question the projected subscriber growth target for 2024 of 230 million to 260 million subscribers. The streaming giant currently sits at 116 million paying subscribers globally, an impressive gain in a little more than a year of operation. 

Despite this boom, we’ve seen downgrades on the previously bullish sentiment around Disney. Q3 gains suggest ‘low single-digit millions’ for new subscriber growth, where Wall Street sentiments would have needed around 17 million to deliver on previous optimism.

Reasonable growth

Of course, there are good reasons for the slow uptake. Indian subscriber growth slowed after it was announced the cricket season (streamed on Disney in India) would not go ahead. There have also been delays to their Latin American rollout, and other recent production delays. 

However, analysts feel this is indicative of a longer-term pattern. In particular, they highlight a need for greater content spending and a need to onboard older households if Disney+ is to thrive. This has seen downgrades in predicted share price ranging from $13 (to $203 from Barclays) to $35 (to $175 from Barclays). 

To meet their ambitious milestone, Disney + would need to more than double its current growth pace, which would bring it into line with Netflix’s current expansion rate. Can it be done? We’ve seen weirder things happen. For now, however, it seems Wall Street isn’t convinced. 

HBO Max subscriptions play swings-and-roundabouts after Amazon exit

With 3rd quarter numbers ow being released, how as HBO Max fair after its controversial exit from Amazon Prime Video earlier this year? We turned to Brandon Blake, a skilled entertainment lawyer with decades of experience in the entertainment business, for his analysis of the stats.

Brandon Blake

As expected, domestic subscribers took a heavy loss with the parting of ways. We see roughly 1.8M US subscriptions lost- compensated for by a 1.9M rise in international subscribers. The telecom giant also reported overall revenue just shy of $40B, a reduction of 6%. This is being pinned on the divestiture of DirecTV, however, not the Amazon Prime exit itself. Interestingly, earnings per share doubled from 2020. Earnings topped average estimates, while the overall revenue figures are either spot-on predictions or ever-so-slightly below. 

Overall, these are not bad statistics, especially given the withdrawal. At this time last year, they sat at 38M subscribers domestically, showing a very sluggish start heavily impacted by the virus. NOr do they see the action slowing- it was also announced that they expect to meet the high end of their 70M/73M subscriber target by the end of the year. This is based mostly on high uptake in recently-launched Latin American services, and anticipation of growth through Spanish and Nordic territories later this year.

Of course, even the revised growth is half that predicted for Disney+. Yet, it’s still pretty impressive in a market that Disney and Netflix have in a chokehold. The exit from pay-TV also means they can further develop their AVOD tier, as it negates the inability to offer discounted tiers. It’s also worth remembering that many customers who were paying for HBO simply received HBO max subscriptions by default at the switch.

All in all, these figures are not bad at all in a year where many have struggled to reach growth. The Blake & Wang P.A team will be watching this service carefully as it grows further.

Netflix Reopens Historic Theater

Did anyone predict a global streamer taking over a stalwart of the exhibition industry? While it may not have been a prediction for the year, it’s now a reality. We asked Blake & Wang P.A’s Brandon Blake for more details.

Together with Caruso, Netflix will be reopening the Bay Theater in Palisades Village. This legendary venue was forced into closure during the pandemic, and Cinépolis, the previous leaseholder, declined to reopen. This is, of course, not Netflix’s first theater, with the Paris in NYC already in operation and the Egyptian Theater planned to reopen next year in conjunction with American Cinematheque.

Brandon Blake

The Bay Theater will reopen from October 22nd with some tempting films and free screenings for two family-orientated pictures, no doubt hoping to boost their community profile. They’re certainly pushing to be seen as a family-focused location. It seems it won’t quite go back into full-time operation, but Netflix will be using it for theatrical releases of its productions as well as classic film screenings (in 35mm, even), and special events, which is far preferable to losing a historic exhibition venue. For the opening weeks, free concessions will doubtless prove a drawcard for families, too. 

The Bay Theater has a history littered with closures and reopenings. From it’s 1948 design, it was shuttered in 1978, to become a hardware store. Caruso were instrumental in its 2018 reopening with luxury seating and a full restoration of the original design. While the pandemic may have put a thorn in its path, it’s good to see the venue reopen and, hopefully, thrive. 

In a way, association with a streamer could prove to be a grace for the historic venue, especially if their plans for live appearances and Q&As pay off, which could bring substantial community investment in the theater. As always, our local entertainment lawyer will keep an eye on further developments.

No Time To Die Opens Domestically- But Will Older Audiences Bite?

After a remarkable international opening, No Time to Die is heading to the domestic Box Office. It was predicted to open to at least $60M domestically, and made a conservative and slightly disappointing $56M, far below the enthusiastic predictions of $100M that were bandied around. Any future success hinges on whether theaters can lure the older adult demographic that Bond plays well to into the theater. How likely is that, given a lackluster opening? Entertainment attorney Brandon Blake analyzes everything for us.

Brandon Blake

Internationally, we saw the older adult demographic practically stampede to the theater for Daniel Craig’s last Bond outing. Especially in the UK, where ‘Bondmania’ is the strongest. It has, in fact, crossed the $300M mark internationally this weekend. 

We can benchmark No Time to Die’s opening against Spectre’s $70.4M, and Venom 2’s remarkable $90M. Why has there been less theatrical traction for No Time to Die? Spectre’s domestic opening stats tell us the audience was 29% over 45 and 15% over 55. 62% were male and 75% over 25. And therein lies the answer.

While all ages have enjoyed Venom 2, the Marvel offerings from Sony and Disney alike have heavy traction in younger demographics and among Hispanic audiences. Those same younger demographic have been eager to return to theaters. The older Caucasian males that traditionally make up Bond audiences? Not so much, at least in the U.S.

All the same, while the film didn’t make its lofty record-breaking predictions, let’s not detract too much from a solid opening. It’s the widest Bond release to date in the U.S and Canada, too. For a much-anticipated film that’s had its release date messed around a lot, and a remarkable global release, it’s doing well. Will it have the pulling power to coax this much-needed demographic back to domestic theaters? That remains to be seen, but it’s got the best chances of anything on the 2021 release slate to date.

Disney Lawsuit Settles Before Reaching Courts

Walt Disney Co and Scarlett Johansson have officially resolved the legal dispute stemming from the Black Widow release and claimed breach of contract. While the exact terms of the settlement have not been released, we asked Brandon Blake, entertainment lawyer and resident entertainment business expert, to break down what we do know. 

Brandon Blake– Managing Partner at Blake & Wang P.A


Johansson moved to sue Disney in July this year, citing breaches in contract regarding the hybrid release of the film. Primarily, the fact that it was not given an exclusive theatrical window, but instead had a simultaneous release on their streaming service, Disney+.

The crux of the complaint was that the dual release affected her agreed compensation, calculated with profits from the expected theatrical run in mind. Business as usual? Not quite. This lawsuit was also quite notable as one where we saw Disney hit back with unexpectedly personal references in their statements through social media.  Despite this, there’s been amicable statements on the resolution from both parties with promises of future collaboration. 

The dispute is part of a key overall trend currently being tested, as we run into the issue of how to reshape star’s contracts in an era where studios are releasing films with an eye on creating premium content to lure subscribers to their streaming networks, not necessarily for traditional theatrical runs. 

With that in mind, it’s probably a key reason the suit was not allowed to see the inside of a courtroom. We’ve seen in a recent news break that Disney is, in fact, revisiting how it formulates contracts with its stars in the post-pandemic era to reach a fairer resolution to this exact issue. A court’s opinion (and precedent) on what was and wasn’t a breach of content in the Johansson case could have considerably weakened their bargaining position in the matter. 

As it stands, it will be interesting to see how these matters are handled going forward. We will, as always, be watching closely. 

Fox launches $100M fund for international unscripted productions


Fox is on the warpath to assemble more international format credentials, it would appear. With the announcement last week of a new fund worth $100M to secure their next generation of unscripted formats for the global market, it’s clear they mean business. We asked entertainment lawyer and well-known entertainment business figure, Brandon Blake, for further details. 

Brandon Blake– Managing Partner at Blake & Wang P.A

It will be administered through their unscripted production arm, Fox Alternative Entertainment, with the funds directed to securing new IP for their international assets and co-producing relevant properties. FAE is a relatively new addition to the Fox stable, and was the driver behind The Big Deal. This competition series, co-produced by FAE and made specifically for Ireland’s Virgin Media Television, is Fox’s first international creation and has performed on a level with its peers to date, suggesting there’s fertile ground to bolster their ambitious plans. 

The fund will be under the control of Rob Wade, the current President of Alternative Entertainment and Specials at Fox. The idea behind it’s creation is that it’s more-or-less identical budget-wise to fund and own an unscripted format as it is to produce a pilot, and there’s better data to be gleaned (and better control of the property) taking that route. 

With these new formats identified and curated, they can access a more diverse content library, as well as creating properties with international appeal as streamers begin to fight over international market saturation. The fund is primarily aimed towards variety series, dating shows, and other non-scripted shows.  The eventual idea is to bring some of these internationally-orientated projects home to the U.S, too, with the hopes they will have an Idols- like appeal and success on the home front. 

As the streaming arena (and precious market share) becomes more globalized, it’s a strategy that could stand them in good stead. We will be watching with interest.

Nielsen’s Woes Keep On Coming

As we enter the digital age, data is king. Without an adequate idea of what budgetary spend is bringing in return, no one can operate- be it content creators, streaming platforms, or advertisers. For decades, Nielsen has stood as the epitome of viewership data, but it is finding itself more and more hopelessly out-of-date. Enough so that it has even had its accreditation suspended. Yet, is there any viable alternative? Entertainment attorney Brandon Blake unpacks this critical conundrum for us.

Brandon Blake– Entertainment Lawyer

Nielsen’s loss of accreditation would have been disastrous for them- if any alternative existed. Yet there isn’t. Of course, people threatening to leave Nielsen is hardly new, either- but for once, we’re seeing ongoing and sustained pressure, not a spat here and there. This is a new era, and it well could have been a move to a new service, if there wasn’t a notable gap in the market. 

The main complaints against Nielsen are that they have underreported figures, and that the overall standards, size, and quality of their data has slipped. Big names, from Disney to ViacomCBS, have been quick to pile on the criticism in the wake of the accreditation loss.

On the practical side, however, nothing has changed. Nielsen will continue to gather and distribute data even past the September 20th loss of accreditation. We’ve seen no big names actually drop them, and no competitor has arisen to grasp at their legacy. Yet the overall marketplace, especially for ad-driven services, will demand better as time passes- a non-standardized solution will not do it. 

Will Nielsen fall out of favor, and who will take over, or will they manage to claw their way out of another loss of trust? Proprietary measurement tools like the ones Netflix is using could have a market, but that secretive atmosphere is unlikely to cut it for ad-based businesses, who will want new and transparent standards and a common measurement tool. 

For now, hoping Nielsen can mend its ways may be the best way forward. But without major reform, it shouldn’t simply assume the industry will wait on it forever. All it needs is one viable competitor, and the marketplace is wide open for one right now. It remains to be seen what will happen from here.

HBO Max Headed for EU Debut

As of October 26th, HBO Max will roll out through six key European territories, with 14 other anchor territories scheduled to receive the service from next year. As the U.S subscriber boom slows, we’re seeing more and more streamers turn to international markets to bolster their balance sheet. Entertainment lawyer Brandon Blake looks at the announcement in greater detail for us.

Entertainment lawyer- Brandon Blake

For now, HBO Max is headed to Spain, Andorra, Norway, Denmark, Finland, and Sweden. Existing HBO España and HBO Nordic customers can sign over alongside new customers, as can those still enjoying the HBO Go service. There’s direct billing and partner subscriptions (mainly for the smart device market) on the table, too. We will only see detailed programming and pricing details revealed at the virtual launch event in October, however. This builds on the international expansion we’ve seen for HBOMax since June this year, when the service moved into Latin America and the Caribbean territories. 

HBO has a long history of relationships with pay-TV and third-party distributors that may now hamper them as they transition to direct-to-consumer operation. Italy, Germany, and the UK will stay off the cards even through the extended 2022 expansion, for example. There’s a distribution deal with Sky in place which predates WarnerMedia’s entry into direct streaming. It’s scheduled to expire only in 2025, although rumor has it that HBO is currently seeking an earlier exit. Whether or not they can secure this may determine their European saturation and market reach at a time when almost every other streamer is also pushing for domination here. 
The service will entice its European viewers with content like Harry Potter, Game of Thrones, and TheBig Bang Theory, which could prove strong draw cards in the competition for subscribers. We will be watching the rollout carefully, and continue to report back on key developments as they emerge.

HBO Max and YouTube partner with Spectrum TV

Spectrum Guide will be rolling out both YouTube and HBO Max on eligible devices throughout their service areas, allowing them to be accessed centrally from the Spectrum TV platform. It’s yet another sign of the evolving digital landscape we now produce entertainment in, so we sought out Brandon Blake, entertainment lawyer Los Angeles at Blake & Wang P.A, to break the implications down further for us.

Brandon Blake

Customers will now be able to tune directly to both streamers through eligible Spectrum Devices using Spectrum Internet. The HBO Max side of the deal alone will allow Spectrum customers access to well over 13,000 hours of WarnerMedia content, including subsidiaries like Adult Swim, Turner Classic Movies, and, of course, HBO. A subscription to the streamer will still be needed for viewers, but they can organize this directly through Spectrum if interested.

YouTube, of course, is a little different from the average streaming service. It won’t carry a separate subscription cost by default, although there are premium tiers people can consider. It will instead allow users to access the hottest aspects of ‘social media video’ through their TVs, as well as allowing them to stream it in 4k through their TVs.

With Roku and YouTube still sitting very uneasily with each other, this does offer Spectrum TV a unique chance to gain some extra traction in the market. YouTube, particularly, has been a drawcard for the smart device industry, and is loosely considered an essential by many in the market. HBO Max has become an attractive on-demand service as well, with WarnerMedia finally able to play at the top tiers of streaming society alongside Netflix and Disney. As with Netflix, they’re also trying to further expand their originals market with new content, all to gain extra market position in a crowded environment

It’s a neat two-for-one deal from SpectrumTV, and one that will doubtless prove enticing for shoppers looking for great deals on compatible devices as we head into the year-end frenzy of gadget buying. Will it gain extra traction as an OTT internet TV service? That remains to be seen.

Oscar Digital Screening Room Now Open

While the Oscar season is once again coming up fast, we’ve yet to slide the delta variant and its many concerns into the rearview mirror. While last year’s need to swiftly adapt the Academy Award season to a world gone abruptly digital may have been slightly rushed, this year the Academy goes into planning a hybrid awards season with a wealth of experience. As the Emmy votes wrap up and Oscar season kicks off, we see the launch of the Academy Screening Room to help voters choose their picks. One of the best entertainment lawyers in Los Angeles and Oscar’s expert, Brandon Blake, lets us in on the details. 

To the surprise of no one who weathered the shaky waters of 2020 and 2021 with us, the first 4 films to have their moment in the bright lights of the brand-new screening room are all from streamers. Namely:

  1. Netflix’s The Mitchells Vs The Machines
  2. Amazon’s Anette
  3. The Tomorrow War(also an Amazon title), and
  4. Coming 2 America (Again for Amazon, directly from Paramount)

This makes this year’s Oscar season the first to skip physical screeners altogether. Anyone looking to enjoy the AMPAS contenders for this year will have to head over to the digital screening room to take them in. It’s a feature of last year’s Oscar season that was well-received among Academy voters, and it nets the Academy at least $12500 (as of last season) per title from studios and distributors, too, so it’s easy to see why it looks set to become an integral part of the Oscar hype train going forward.

Where to from here for the digital screening room? Documentary contenders, which will not have entry charges, will be shown in a different section. Likewise, International Feature entries and special sections will be expanded on as the season heats up. We will, as always, be keeping a careful eye on developments as we get nearer to crunch time.