Volume VI No. 3

A publication of the National Association of Theatre Owners

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Good Windows
Make Good Neighbors
by G. Kendrick Macdowell
NATO General Counsel &
Director of Government Affairs

I love to talk about the issues affecting this industry — but this column is devoted to what others are saying.

It’s no surprise to anyone that cinema owners are True Believers in the current system of tiered release, which carries a substantial theatrical window that gives movies that extra prestige and marketing edge. But it seems, as of this writing, that most top-level industry players outside of exhibition also believe in tiered release. And that matters.

In fact, if I were trying to conceive vivid language to make the case for preserving the theatrical window, I could not have done better than several studio executives.

Sony execs are unanimous in their persuasive insistence on preserving the theatrical window. Sony Corp. chairman Howard Stringer perhaps put it best at a Sept. 29 news conference: “If you collapse a window or go day and date ... if you eliminate the movie theater, you’re doing movie of the week. And the sizzle ... of the movie industry will be gone. You have to guard the value of the content.” And that, as succinctly as I’ve heard it put, addresses both the art and the money question.

“Any exhibitor playing pictures under those circumstances would be committing suicide,” said Viacom chairman Sumner Redstone. “It’s not going to happen.”

Confirming the studio’s salutary position, Sony Pictures Entertainment chairman Michael Lynton was quoted in the Oct. 28 edition of the Los Angeles Times: “We at Sony believe very strongly in the theatrical window. It is our lifeblood as well as that of theater owners. Busting it up is dangerous.” He confirmed that view in unambiguous financial terms in a Jan. 23 Fortune magazine article: “We’re confident that the existing window structure is the best economic model.”

Meanwhile, Sony Pictures Classics president Tom Bernard told Multichannel News on Nov. 7 that “collapsed windows are the worst thing that ever happened to specialized films. Polluting the theatrical window is doom.” And Sony Pictures vice chairman Jeff Blake pointedly takes the question straight back to revenue: “I don’t think anyone has shown how you can keep up the level of revenue we have now, much less make more money.”

Universal Studios president and COO Ron Meyer expressly disagreed with Disney chief Robert Iger in a Sept. 5 interview with Time magazine. Meyer cautions taking care “not to cannibalize our own product. The window of time between theatrical-release dates and DVD-release dates has a purpose in delivering financial results to us and different experiences to the audience. There’s a place for each of those windows.”

Ah, but there’s that piracy problem, which collapsing windows is somehow supposed to blunt. Not so, said James Gianopulos, co-chairman of 20th Century Fox Filmed Entertainment, at a Dec. 2 Reuters Media and Advertising Summit in New York. “When people say ‘Re-invent your business model because of the ubiquitous availability of pirated product,’ there’s a huge flaw with that,” said Gianopulos. “You can never compete with free.” Accelerating DVD release beyond the current four-month average would, Gianopulos insists, “crimp growth.” More recently, for an article in the Jan. 22 edition of the Los Angeles Times, he said tiered release “is not random. It’s not accidental. There’s logic to it.” What advocates of simultaneous release are proposing, he said, “makes no sense.”

Tomas Jegeus, executive vice president of 20th Century Fox International, reinforces the Fox position with a nod to getting out of the house, as reported in the Dec. 9 edition of Screen Daily. “You can’t take away the ‘out of home’ experience. We have to protect windows.”

And let’s talk dollars and sense for a moment. In an excellent column posted Aug. 19 on the Movie City News website, Bill Mechanic – the former Fox Filmed Entertainment CEO who currently oversees Pandemonium Films – wrote that simultaneous release turns everything we know about successful income streams in this business on its head. “When you read industry discussions about collapsing the theatrical and home entertainment windows, there is a fundamental lack of understanding about how the movie business works as a business. For the past 25 years, it has become a better and better business in terms of income only because of sequential distribution. Take it down to a single market and the economics collapse. ... Eliminate the theatrical window and the same pictures that don’t create a head of steam theatrically now will most likely fail to create a head of steam in video. And there will be no subsequent market to pick up the losses.”

Doubling back to the twin pillars of art and commerce, Revolution Studios partner Tom Sherak told the Kansas City Star on Nov. 27, “there’s a reason for windows – it’s good for the art, and it’s good for the overall business. I think the idea of movies being made for and seen on the big screen is an important part of the experience. ... I don’t think movie theaters can exist if everything goes day-and-date. The idea of trying to rush everything at the same time is leading to the ruination of the theatre as we know it.”

And we’d be remiss not to salute the most frankly and unabashedly artistic of all, the director with the vision and fortitude to declare his preference in personal and compelling terms, M. Night Shyamalan. “If I can’t make movies for theaters,” Shyamalan told the Los Angeles Times on Oct. 28, “I don’t want to make movies. I hope [simultaneous release] is a very bad idea that goes away.

“Art is the ability to convey that we are not alone,” Shyamalan said to a ballroom full of enthusiastic ShowEast delegates. “When I sit down next to you in a movie theater, we get to share each other’s point of view. We become part of a collective soul. That’s the magic in the movies. If [simultaneous release] happens, you know the majority of your theaters are closing. It’s going to crush you guys.”

Other directors have since weighed in. In Claudia Eller’s splendidly researched January Los Angeles Times piece, Jonathan Demme’s rhetorical question packs a punch. “Doesn’t it seem like the movie business is devouring itself because it can’t wait to get to home video?”

Does Tim Burton think simultaneous release is unwise? Not quite. It’s “absurd,” he told the Times. Cinema is a business, he said, “but everything should be done to treat it as an art form — it’s a visceral medium.” Ron Howard equivocates a bit in the same piece, but ultimately agrees that “viewing in a theater is the optimum experience.”

Said Dan Fellman, Warner Bros. president of domestic distribution, as reported in The Hollywood Reporter on Oct. 28, “box office is historically content-driven, and as an industry we fell short this year as a result.” Simultaneous theatrical/ DVD release dates “are not going to happen at Warner Bros.” His language may not be vivid. But his message is music.

Underscoring the conclusion so many exhibitors have reached on their own, Viacom and CBS Corp. chairman Sumner Redstone put the matter bluntly at a Beverly Hills Museum of Television and Radio event on Jan. 12: “Any exhibitor playing pictures under those circumstances would be committing suicide.” And more to the point: “It’s not going to happen.”

It’s not going to happen, more and more executives say, because, quite simply, the system ain’t broke. “We’ve got to protect the windows,” Jon Feltheimer told the Financial Times on Aug. 11, “because the system still works.”
Well said, everyone.

 

 

 

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