Improved working conditions during the pandemic may have stalled union negotiations

This week we see IATSE and AMPTP fall into an awkward hiatus with no resolution in sight. While talks will resume on July 6th, far in advance of the 31st July contract expiration, it’s still a strained situation. BLAKE & WANG P.A entertainment law firms Los Angeles examines one potential factor behind the failure to meet common ground.

Union reps have stated that there seems to be no meeting in the middle on key aspects they wish to address, hence the reason for the deadlock. Our industry contacts suggest some of this could well be linked to the swift and decisive response to the pandemic that allowed many sets to reopen and continue working throughout the troubled past year.

This, it is claimed, demonstrated that safe and thoughtful workplace management is possible, and thus the union feels that key changes to what it claims are ‘dangerous working conditions’ can easily be made. Think meal breaks and rest periods, as well as better handling of ‘Fraturdays’, long shoots that extend late in the night on Friday and Saturday.

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

The news isn’t all gloomy, however. IATSE leaders have told members that good progress has been made on diversity and inclusion matters. The primary hitch seems to lie in economic matters, including funding for the Motion Picture Industry Pension and Health Plan. Companies want greater cost-sharing from workers, while the union is pushing for funding from streaming residuals.

Overall, it’s not been looking good, and it’s easy to see why the talks have stalled to the extent they have. Let’s hope that with the break until July 6th, cooler heads can come back to the negotiating table and a better set of compromises can be found. As the contracts in question expire on July 31st, there will be time pressure to consider when talks resume. BLAKE & WANG P.A one of the best entertainment lawyers in Los Angeles will, of course, be watching the situation carefully.

WarnerMedia AVOD Service Launches Despite Discovery Merger

This week we see the new, discounted ad-supported tier for HBO Max, the streaming service associated with WarnerMedia, launch with some success. This comes alongside the sudden merger of Discovery and WarnerMedia, as parent AT&T spins them off in a deal expected to finish by the middle of next year. BLAKE & WANG P.A entertainment lawyer Los Angeles has the information you need.

The move to offer an ad-subsidized tier, something of the opposite journey to services like CBS All Access and Hulu, is an interesting one. However, if one looks further back in the history of cable TV, it’s a very similar move to what we saw work well there- MTV, AMC, and Bravo all have similar stories to tell. In fact, mining both advertiser income and paid subscriptions is very much a hallmark of paid TV, something streamers used to shy away from. For streamers, it works out with less share due to distributors, too, given the direct-to-consume model, so it’s not surprising we’re seeing such growth.

Brandon Blake– The Entertainment Lawyer

The move to offer an ad-subsidized tier, something of the opposite journey to services like CBS All Access and Hulu, is an interesting one. However, if one looks further back in the history of cable TV, it’s a very similar move to what we saw work well there- MTV, AMC, and Bravo all have similar stories to tell. In fact, mining both advertiser income and paid subscriptions is very much a hallmark of paid TV, something streamers used to shy away from. For streamers, it works out with less share due to distributors, too, given the direct-to-consume model, so it’s not surprising we’re seeing such growth.

Is it a competitive tier, however? While Netflix, Amazon Prime Video, and Disney+ have all enjoyed their growth without the need for ad-supported tiers, AVOD has blossomed over the last 24 months. This has been considerably helped by the roll-out of smart TVS and connect-TVs.

Over 35 brands are slated to go live with HBO Max over the first 4 weeks of its run, and the company press release promises that both subscribers and viewers will win with the new arrangement. In fact, WarnerMedia ad sales chief JP Colaco promises the new tier is an “innovative, best in class streaming ad experience”. Ads, driven by personalization, will not be intrusive or annoying. Of course, they would promise all of this. How will it work out in practice? BLAKE & WANG P.A entertainment attorney Los Angeles will be watching further developments for the AVOD tier with interest.

Recap of the Disney 2020 restructure

Brandon Blake– Entertainment Lawyer

This week we’ve seen Bob Chapek, CEO of The Walt Disney Company, reiterate their intention to focus most efforts towards their booming Disney + streaming service and overall direct-to-consumer business. Here’s a recap from BLAKE & WANG P.A Entertainment Lawyer on where Disney stood coming out of 2020.

The major purpose of the reorganization begun last fall is to solidify the creative aspects of the global giant on content for direct-to-consumer resale, although legacy platforms will still get a nod. The then-newly created ‘Media and Entertainment Distribution Group’ took charge of the monetization of this process, from distribution to sales, under the wing of Kareem Daniel. He stepped into this role from his former position as President for Consumer Product, Games, and Publishing. Additionally, we saw 3 other content creation groups: Studios, General Entertainment, and Sports. These were headed by Alan F. Horn, Alan Bergman, Peter Rice, and James Pitaro.

There was no restructuring (at the time) among the live-action parks and experiences arm of the company. We did see former Disneyland President, Rebecca Campbell, move to Chairman, International Operations and Direct-to-Consumer. Bob Iger, Executive Chairman, continued to oversee the creative process.

What did this mean for the content arms, then? Content was created under the ‘Studios Content’ banner as franchises for Disney +, theaters, and other direct-to-consumer services. This covers Lucasfilm, Pixar, Walt Disney, Marvel, and Searchlight. General Entertainment took over episodic content and long-form content for cable and broadcast as well as streaming, covering 20th TV, ABC Signature, and Touchstone with ABC News, Disney Channel, FX, National Geographic, and Freeform. Sports, obviously, centered on ESPN, live sports, news, and non-scripted related content. Most cable presence ended up nesting here.

Just this week, we’ve seen further major developments, with the creation of the Disney Media and Entertainment Distribution Technology Group. With this comes an entirely new structure, with better tech incorporation, to help address the goals laid out last Fall. Stay tuned for our take on these new developments!

Cinema content discussions go international

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

BLAKE & WANG P.A entertainment lawyer Los Angeles has been reporting with interest on the many negotiations between the theatrical industry and content creators over the past few months. After all, there’s little point in green lighting screens to reopen if there’s no enticing offerings to bring in the viewers past reopening weekend. What will content deals for the international exhibition industry look like? Let’s look at what we know.

Cineworld has recently reached an arrangement with 3 major studios for both the US and UK markets. Discussions with Sony and Paramount are still underway, and it’s our understanding that other major exhibition groups also have talks underway with this ‘Big 5’ of the content production industry.

There’s still some lingering questions if this will truly be the end of the 15-month interruption to business as normal, or if there are still chances of this being another false start. Already we know that France has decided on a cap of 400 cases per 100,000 inhabitants before local authorities are compelled to roll back or slow economic reopening. Yet France has also seen 20 M people receive at least 1 dose of a vaccine. We’ve also had encouraging news this week that many of the major vaccine manufacturers have seen results against evolving strains of the virus, suggesting the chances of a full lock down returning are far less than ever before.

For now, cinemas can open with a slate of much-anticipated movies, including some Oscar winners and nominees. France estimates numbers as high as 400 among films that were postponed in 2020, and was able to put 14 new-to-market releases on the table. We’ve already seen a surprising willingness to return to exclusive theatrical windows from US studios, albeit at a curtailed 45-day window, before options to push to streaming, so we’ll likely see similar arrangements cut for the international market. In the meantime, BLAKE & WANG P.A wishes the reopening cinemas the best.

The Golden Globes Takes A Knock

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

With a disappointing Oscars behind us, it seems there’s more dismal news from the Awards Ceremony plate. BLAKE & WANG P.A entertainment lawyer Los Angeles takes a look at why the Golden Globes is now seeing its plans come under fire.

Diversity has been the watchword of the year, and we’ve seen many reforms and proposed legislations come into play across the entertainment landscape. That’s anything from individual studios promising action, to country-wide legislation and, yes, a host of promises from institutions in the industry, awards ceremonies included. This week, we’ve seen the Hollywood Foreign Press Association savaged for these same promises, however, calling them “window dressing platitudes”.

We’ve seen NBC pull their 2022 prizes, dissatisfied that the HFPA can ‘do it right’ without longer reforms. We’ve also seen Tom Cruise return his golden globe, and others are threatening to follow. What on earth happened?

There’s been decades of controversy around the Globes, let’s be honest. With zero black members, the HFPA’s many gaffs, snubs, and look-overs suddenly seem a lot less strange. While (of course) reform has been promised swiftly, it seems unlikely to be forthcoming in anything other than promises, and several heavy-hitters (including Amazon, Netflix, and celebs) have lined up to take a swing at the institution.

That’s not to say all of the HFPA necessarily feel chagrin. Many are confused as to why the firestorm erupted as it did, expressing bafflement that their lack of diversity was ‘suddenly’ a problem. There’s even been cries of foul play, suggesting much of the controversy is being generated by people wanting to jump on the bandwagon and earn their own 10 minutes in the spotlight.

Political maneuvering, or genuine concern? Only time will tell. Still, we see the HFPA dedicated to an astonishingly swift program of reforms set to culminate on August 2nd of this year. BLAKE & WANG P.A one of the best entertainment law firms Los Angeles will be watching with interest.

Cinemark adapts offerings to secure deals with 5 main studios

As we’ve already reported this week, Cinemark and the 5 main continental U.S studios- Universal, Walt Disney, Warner Bros, Sony, and Paramount- have reached individual deals to ensure theatrical showcase windows for the chain. While the information on the specifics is scarce on the ground, BLAKE & WANG P.A one of the best entertainment lawyers in Los Angeles digs a little deeper into what we know.

First of all, Cinemark CEO Mark Zoradi has made clear that each deal is deliberately different from each other, tailored to the ‘mutual benefit’ of both parties. He’s on record as stating that Cinemark has ‘look(ed) at the desires of each studio’, as well as their priorities, and adapted each deal to suit these. Asked about splits, Zoradi has said not to expect any significant change, and that there’s likely to be little material difference in how the box office is split.

Collectively, we are told, this should ensure a constant supply of content to the theater chain, and is said to demonstrate “a shared commitment to offering consumers the ultimate movie-viewing experience, with compelling content exhibited within the theatrical environment.” That’s certainly what Cinemark, as well as other players in the exhibition landscape, need. While the industry has seen an impressive rally after the opening of the New York City and Los Angeles markets, it will be sustained releases and attendance numbers that will really drive a recovery in the industry, which did suffer considerably under the closures last year.

To date, the rally in the exhibition industry hinges on selling audiences the notion that, despite the ease of streaming to the home, only the theater experience can provide immersion and a ‘larger-than-life’ experience to clients. Will these deals be the secret weapon Cinemark needs to reposition itself on the entertainment landscape? Only time will tell, but BLAKE & WANG P.A Entertainment Attorney will be there to keep you informed.

Were Oscar victories hollow this year?

Despite a glittering ceremony performed as best as possible under the recovering state of the industry, the Oscars has come under heavy fire as irrelevant to the true state of the movie industry. Today BLAKE & WANG P.A Entertainment Attorney dives a little deeper into these accusations, and whether they hold lessons for the industry to learn.

It certainly can’t be disputed that the nominees for this year lacked wide audience appeal. Of course, one can’t blame the industry entirely for that. With the exhibition industry shuttered for most of the eligible period, it was a harder year to gain audience traction than we’ve seen before. We’re existing in a period with bulging pipelines on blockbuster and indie content alike- but still a lot of hesitance around theater openings and festival dates. Distribution is definitely in a spotty place next to production. And no one, in the face of industry-wide mass restructuring, seems to know what to pitch where for the 2022 season.

We’ve seen some action on the issue. Disney, which spent most of 2020 on major reconstructions, has explicitly clarified its roadmap strictly to help filmmakers “make the right show for the right platforms for the right audience.” Yet we couldn’t blame filmmakers (and their agents) if they can’t fathom where ‘the right audience’ lies in these convoluted corporate structures. Studios now resemble Silicon Valley more than Hollywood hills. This has also been a year where we’ve seen programming greats exit in droves from their long-held roles. Business and content are being split, which could well prove a double-edged sword in time, and models are focusing on ‘IP’ pieces that can be mined again and again as spin-offs, prequels, and sequels.

What does this mean for passion projects and art pieces? There was a time when these delicately thematic, narrow-audience pieces could easily get greenlit for mainstream release by big-name studios. Increasingly, we see a split where studios demand marketability and audience appeal, but the Oscars rewards artiness. It’s hard not to ask, “What’s the point?”

Is this a sign that the institution is creaking under the weight of its own irrelevancy? It’s tough to tell, but 2022 will certainly prove a make-or-break experience for the iconic ceremony. BLAKE & WANG P.A, as always, will be there to keep you in the loop.

What do we know about women of color in film?

As we’ve already explored, we’ve seen a disappointing drop in female protagonists and female-focused films for the 2020 period, sending us back to pre-2016 levels. How does this play out for the representation of BIPOC people, specifically, in film for the same period? BLAKE & WANG P.A Entertainment Lawyer dives deeper into the issues revealed by an exciting new study.

The study, funded by the Center for the Study of Women in TV and Film, focuses mostly on the representation of women in film. What does it have to say about the roles for women of color?

Sadly, not many good things. In 2019 we saw 20% of characters in this demographic. This has declined sharply, by 15%. And of those roles, only 13% were ‘major characters’- appearing in more than one scene and playing a key role in the narrative.

Latina representation did see a meaningful uptick of 20%, although in cold, hard figures that accounts for a move from 5% to 6%. Asian women, however, declined from 7% to 6%, a 14% loss. Speaking specifically of major roles, it was neck and neck at 6% each for Asian and Latina women. 74% remained white, and 1% fell in the ‘other’ category ethnically.

So what’s the verdict? Certainly, those aren’t entirely the signs of progress we’d like to see in the industry, especially with more and more consumers keen to get their eyes on diverse content. All the same, there’s some very promising progress here. 2020 was not the easiest year for any film-related activities, so perhaps it’s not all that surprising there would be no major steps forward in that period.

With luck, the results of the study can be carried forward to help create an even better industry as we go into the next year. BLAKE & WANG P.A will be keeping an eye on developments as we go, of course.

Will The Trial of the Chicago 7 be Netflix’s Parasite?

With an undeniably victorious sweep at the SAG awards, Netflix must already be thrilled with their award-season results. Yet, with a win in the same category credited with propelling Parasite to the attention of the voting Academy, will Netflix be hoping to score as big at the Oscars? BLAKE & WANG P.A one of the best entertainment law firms Los Angeles takes a closer look at what could be, come April 25th.

Both Parasite and Pixar’s family favorite, Toy Story 4, were expected to be noted also-rans at last year’s Oscar ceremony. Yet the South Korean film surged to a wholly unexpected Best Picture win that would make the 92nd Oscar ceremony a first in its glittering history. Namely, this would be the first time a foreign-language film would win in the category. Ironically, it unseated Netflix’s The Irishman, alongside presumed favorite 1917, and the edgy Joker, for a win no one saw coming- and much of this is assumed to be based on the late-season win and surge of interest it had at the SAG guilds.

We saw similar in 2005, where the favorite Brokeback Mountain won at the WGA and PGA (alongside many others), yet the upstart Crash swept in late to scoop the ultimate prize. To date, we’ve seen Nomadland come in as a heavy favourite, with a compelling pattern of wins, yet at the SAGs Netflix nearly swept the board, while Nomadland had a single nomination for Frances McDormand and no wins. While the late Chadwick Boseman’s outstanding performances in Ma Rainey and Da 5 Bloods were always predicted to be awarded, the sudden surge from other Netflix properties must be filling them with a little hope for an Oscar scoop.

Will their dreams of Oscar domination pan out as well as at the SAG Awards? Only time will tell-but rest assured BLAKE & WANG P.A Entertainment lawyer Los Angeles will be on hand to keep you up-to-date.

Oscars: Boom or Bust?

Oscars: Boom or Bust?

With a lot of hype around how the freshly released Oscar nominations will pan out in this unprecedented year for the movies, it now seems like a disaster may be on the horizon. With rumors flying about substantial changes to the show format, could this be yet another award season disaster for the Oscars? BLAKE & WANG Entertainment lawyer Los Angeles takes a look at the current situation, and why it’s beginning to fray tempers.

The Oscars this year were always billed to be ‘fluid’, even as they announced the latest date the show has ever seen, April 25th, in the hopes of the global situation stabilizing enough for some overall certainty and sanity. Yet it seems like people are going sour on the lack of clarity, especially given Trades keep ‘revealing secrets’ of moves that are only possible, not confirmed.

Nor is the situation helped by fears of a ‘fourth wave’ of the global health crisis coinciding with the ceremony date. We have, sadly, already seen hotspots and calls for mask-wearing to be reinstated.

This is exacerbated by the fact an unusual amount of this year’s nominees are situated in European cities having the same issues and requiring lengthy quarantine periods to enter the U.S that have to be planned ASAP if they are to be able to attend. All of this, of course, is hardly the fault of the Oscar ceremony itself, but it will inevitably tarnish the event a little.

Despite this frustration, many of the first-time nominees are keen to embrace the chance at experiencing the full might of the Oscars first-hand, win or lose. Will their excitement win out, or will we see soured feelings and drama? It’s too early to tell, but BLAKE & WANG P.A Entertainment attorney Los Angeles will be on hand to keep you in the loop.