Monday, April 4, 2016

Sound Recording Overview (Mostly Music)

Sound recordings (mainly music)

HISTORY

. Thomas Edison invents phonograph in 1877 (records on metal cylinder format); earliest
uses thought to be for dictation and other business needs

. Emile Berliner patents gramophone; makes spiral track recordings on flat disc

. nickelodeons: 1890s amusement arcade device that plays back a two-minute recording
for five cents; immensely popular. Demand for “entertainment cylinders” grows

Rivalry

Berliner premiers the Victrola in 1906, the first disc player designed to look like the furniture. He forms the Victor Talking Machine Company (the trademark is the famous picture of a dog peering into the bell of a gramophone with the logo, “His Master’s Voice”). The superiority of his device essentially ends the intense business rivalry going on in the recording industry between him, Edison, and the Columbia Phonograph Company.

Early popular recorded music included sentimental favorites, ragtime, jazz, and film musicals. By 1914 record players and record collections become a household standard, encouraged by a national dance craze that lasts through the World War I years. The boom continued into the 1920s with the dawn of the Jazz Age, the blues and jazz music foundation for the Roaring Twenties era.

The Impact of Radio on the Recording Industry

By 1924 record player sales drop 50 percent from 1923, largely due to the popularity of live music delivered via the new radio medium. Record companies counter in 1926 by introducing electronic recording which much improved sound quality, and the marketing of radio-phonograph combination devices. Audiences soon identify radio as the home of “live” music compared to the “canned” music of records. RCA and Victor merge in 1929 to dominate the radio and recording industry.

The Great Depression

With a hard economy imposing record low profits on the industry, a new coin-operated music device called the juke box helps rescue the industry during the Depression years. Installed in bars, diners, and drugstores, juke boxes help boost record sales nearly 500 percent by 1939.

World War II and After

Shellac, a vital manufacturing ingredient for records, is declared a vital defense commodity by the government during the war, and record making plummets. Adding to industry woes is the American Federation of Musicians' strike, 1942-44, who fear losing jobs from canned music. Capitol records, however, begins novel idea of sending free records to radio stations to promote certain songs; it becomes a practice that soon revolutionizes both mediums.

In 1947 the 3M Company introduces magnetic recording tape (an idea borrowed from wartime Germany) which provides better sound quality, easier editing, reduced costs, and multitrack recording capabilities. In 1948 Columbia Records introduces the 33 1/3 long-playing record (the LP). RCA enters the fray with its 45 rpm record, and the marketing battles of this era soon became known as the "Battle of the Speeds." Soon the 33 1/3 becomes the preferred format for albums, and the 45 remains the choice for single hits; the older 78 rpm format quietly disappears. In the 1950s stereophonic players debut, which quickly double the number of records being sold.

Other events that also help heighten record sales:

. emergence of small independent labels (made possible by lowered manufacturing costs)

. emergence of radio as a promotion device (the "promotion" department now a permanent
fixture in every recording company office )

. the nearly unbreakable new records enabled them to be sent through the mail, thus making
possible the birth of record clubs

. as an emerging TV medium strips radio of its standard formats in the early 1950s, radio
looks to new ways to attract audiences; playing the Top 40 songs becomes one of the most
popular ideas.

The Coming of Rock and Roll

As teenagers in the 1950s began to create their own identifiable, American sub-culture (unique clothes, customized cars, and hair styles), they lack their own brand of music. Rock and roll, with its roots in rhythm and blues, commercial white popular music, country and western, and jazz, quickly fill the void.  Rock and roll owed much of its explosive popularity to new singers such as Elvis Presley, Bill Haley, Buddy Holly, Little Richard, Jerry Lee Lewis, and Chuck Berry, all of whom brought to rock and roll their own unique styles that helps give even more richness to the emerging music genre.

Rock Goes Commercial

For various reasons (some scandalous, some not), all the original rock stars had left the scene by 1959. The radio-recording payola scandals of the period further blemishes an already suspect image of rock and roll. In the early 1960s the industry counters by cleaning up rock's image with a new wave of wholesome, clean-cut American singers: Ricky Nelson, Bobby Vinton, Paul Anka, Connie Francis, Fabian, the Four Seasons, Annette Funicello, and Brenda Lee to name a few.

The British Invasion

In 1964 the Beatles took rock and roll by storm with a sound that was widely recognized as upbeat and innovative. Many other British groups followed, but not all followed the same music style; the Rolling Stones and the Animals, for example, exemplified a new blues-based, harsher, and slightly more aggressive sound. Both styles merged somewhat with two music genres currently coming of age in the United States: folk (with artists such as Bob Dylan, Joan Baez, and Peter, Paul, and Mary) and the Motown sound (with artists such as Diana Ross and the Supremes, and the Jackson Five).

Transitions

Music genres in the late 1960s reflect the social experimentation and cultural transition of the times. Freedom, experimentation, and innovation are in. The group Blood, Sweat, and Tears blend jazz, rock and classical music. The Who record a rock opera, Tommy. By the 1970s rock music becomes synonymous with the counter culture, giving rise to non-mainstream groups who play the brash new heavy metal sounds. Countering heavy metal, a softer rock sound emerges, and a few years later a crossover movement sees both genres merging somewhat with a country western music sound. Often the same top songs are featured on the charts of both rock and country music charts.

Industry Trends 1970-1990s

Profits in the record industry followed several roller coaster trends since the 70s, some of which were due to trends (disco), high profile artists (Michael Jackson), new technologies (CDs), the 80s promotional vehicles of music videos and MTV, and the main stream debut of rap music in the 90s.


More Diversity

The availability of digital music on the Internet direct to the consumer is yet another example of the trend toward disintermediation.

DEFINING FEATURES OF SOUND RECORDING

• Sound recording is a cultural force, characterizing social groups, defining movements, and setting trends in society and, in turn, helps to shape modern culture.

• Second, sound recording is an international enterprise (five record companies dominate the global market, each company headquartered in a different country).

• Third, the recording business is a unique blend of business and talent.


ORGANIZATION OF THE RECORD INDUSTRY

The recording industry can be divided into four major segments:

. talent
. distribution
. production
. retail

Talent

The talent segment of the industry consists of all the singers, musicians, songwriters, arrangers, and lyricists who hope to make money by recording and selling songs, but the road to success is hard and long. Few make it big. A group's first step is usually to perform for local clubs and events; next, if they survive, they'll take their act on the road to gain experience, money, and a little recognition. Traveling acts play in bars and clubs where the band is little more than a human jukebox providing accompaniment or background music. If the talent is lucky, they might be noticed by an A&R (artist and repertoire) scout from a record label. If so, they might be invited to sign a contract.

Production

At a recording studio the group records an album or a few singles. Audio engineers use elaborate sound-mixing systems to perfect the right sound. When the label releases the group's single or album, promotion, publicity, advertising, merchandising, and packaging expertise start in. Though there are dozens of record labels, five firms dominate the industry: Sony, AOL-Time Warner, Bertelsmann, Universal, and EMI.

Distribution There are five main outlets for music distributors:

. direct retail stores (most of which have gone out of business in the past five years)
. rack jobbers they serve department stores and major discount chains (WalMart, Target, etc.)
. one-stops buy CDs from industry, then resell to CD stores and juke box firms
. direct consumer sales (a.k.a. packagers) sales from TV promotions and record clubs
. online sales the consumer deals directly with an online retailer (iTunes, amazon.com, etc.)


Retail

There are two major trends in the retail music segment: consolidation and online selling. Big music chain stores used to dominate, such as Sam Goody, Media Play, Camelot, but brick-and-mortar retailers faced increasing competition from online retailers such as Amazon.com and iTunes (and the general transition to digital music) and most have closed their doors.

WalMart has done well with its music sales (CDs and its online downloads). Today, most music sold comes from either iTunes or WalMart.


OWNERSHIP IN THE RECODING INDUSTRY

The recording industry is one of the most concentrated of all media industries, with just FOUR companies accounting for more than 87 percent of all sales. In addition, these companies are multinational conglomerates with interests in many different industries.

Here's a list-- courtesy of the AP-- of the top recording companies and a sampling of the artists they represent:

Here's a look at the top record labels, their artists and their U.S. market share as of Oct. 9:
_ UNIVERSAL MUSIC GROUP: 35.12 percent market share in U.S.
Labels include: Geffen Records, Island Def Jam Music Group, Motown Records, Verve Music Group, Decca Music Group.
Artists include: Gwen Stefani, Elton John, Jimi Hendrix, Kanye West, Shania Twain.
Universal Music Group also owns: _ EMI GROUP PLC: 8.35 percent market share.**
Labels include: Capitol Records, Virgin, Blue Note.
Artists include: Coldplay, Katy Perry, The Rolling Stones, Lenny Kravitz.
**EMI Group PLC is now a subsidiary of Universal Music Group, so its effective market share is 43.47%.
_ SONY MUSIC ENTERTAINMENT INC.: 22.79 percent market share.
Labels include: Arista Records, Columbia Records, Jive Records, RCA Records.
Artists include: Carrie Underwood, Alicia Keys, Usher, Chris Brown, AC/DC, Leona Lewis.
_ WARNER MUSIC GROUP CORP.: 21.12 percent market share.
Labels include: Atlantic Records, Warner Bros. Records.
Artists include Madonna, R.E.M., Green Day, Eric Clapton.

_ ALL OTHERS: 12.61 percent.
Source: Nielsen SoundScan, company Web sites.




PRODUCING RECORDS

Departments and Staff

There are seven departments within the typical recording company:

. artists and repertoire (A&R) at times industry talent scouts; also administrative duties. YouTube and Vimeo have effectively eliminated A&R departments. While they still exist, their numbers and duties have changed drastically. Today, most artists are 'discovered' online.
. sales and distribution sells products, makes sure inventory gets to targeted markets
. advertising and merchandising aids sales by planning media ad campaigns
. business lawyers, accountants, researchers, financial analysts, secretarial staff
. promotion get releases played on radio stations
. publicity tries to get press coverage and reviews for new performers in trade press
. artist development helps further artist’s career with tours, concerts, and TV appearances



FEEDBACK

Feedback in the record industry is measured by Billboard magazine’s weekly ratings of stars, triangles, and bullets. Stars are “mover” titles, bullets go to one million seller singles, and triangles to the two million single sellers. In general, the Billboard’s “Hot-100 Chart is based on two components: exposure and sales.

For sales figures, Billboard measures the top 50 retail sales markets, subjectively choosing the most influential music outlets; about 185 outlets are surveyed weekly.

To measure exposure, Billboard surveys the play lists of about 240 leading radio stations, all of which are weighted by audience reach (bigger audiences count more than smaller markets). As evidence of their symbiotic relationship, radio stations usually monitor Billboard magazine to see which records they ought to be playing. The magazine then combines the two components to forge a final figure, which is reported as that song’s rating. Billboard publishes a chart for almost all popular music formats.   Although sampling numbers may vary, the underlying process remains the same.

Sound-Recording Audiences

Demographic profiles for record audiences are difficult to come by because the recording industry is supported by audience purchases and not by advertising. This means that recording companies concentrate on overall sales figures rather than seeking detailed demographic information about their audiences. What information that does exist centers mainly on estimates of the number and type of playback equipment, CDs, files, etc. in the average household. In terms of music sales, people over 35 now account for more than 60 percent of sales (a 30 percent increase over the past 20 years ), while spending by those 19 and under has decreased from 35 to 15 percent during the same period (which gives us an indication as to how popular file-sharing is among teens).

Sunday, April 3, 2016

Reaction #5 deadline extended

Good afternoon,

Because I was late posting Reaction #5, the due date has been extended from Midnight, April 3rd (PDT) to Midnight, April 5 (PDT).

Jack


Friday, April 1, 2016

Reaction #5 prompt (Due Sunday April 3rd by midnight, PDT)

For your fifth and final reaction piece, read the following article and post a 250-500-word reaction piece on Sakai about the topic. Does the future of TV  belong to the "device" or the "app?" Why does it belong to one and not the other? Explain. As a television consumer, which would you prefer? Would your opinion change if you were a television content producer? Why or why not? Do you believe that eventually all TV viewing will be done via wifi rather than traditional cable or broadcast signals? Why or why not?



Does the Future of Television Belong to the Device or the App?

This week, the FCC hears reaction to a controversial proposal. The MPAA says it violates the U.S. Constitution. The WGA is in favor.
 
The past and future of the TV cable box is at the center of a big war-of-words this week at the Federal Communications Commission. The fight has gotten scant press attention, but it's a subject that's fueling strong commentary from the likes of tech giants Google and Amazon and even dividing Hollywood. The MPAA is even going so far as to suggest that a proposal to revolutionize the TV device market would violate both the First and Fifth Amendments to the U.S. Constitution. The Writers Guild disagrees.
Upon direction from Congress, the FCC is looking at new standards for "downloadable security" on set-top boxes. That might sound dry until one realizes that it has something to do with cable boxes currently costing the average household $231 a year, new cheaper devices such as Roku or Amazon's FireTV entering the market, and the fact that Netflix, HBO, CBS and other programmers are delivering "over the top" services.
Who controls how television will be presented? Do consumers wants lots of apps to choose from? Or do they want more nimble devices? These are some of the big questions being considered by media regulators.
At the moment, there are two big proposals on the table to replace the expensive, rarely used security protocols that were established in the mid-90s when Congress allowed companies like TiVo to offer competing devices to standard cable boxes.
One is a hands-off approach favored by the cable industry and Hollywood studios. It would basically allow content operators to provide their own apps and user interfaces. Advocates for this proposal believe it will be flexible enough to accommodate different platforms.
But critics argue that it leaves cable companies and their partners with too much control and what's needed are devices able to do a lot more.
"The MVPD's app-based proposal falls short in this regard," states a filing by Public Knowledge on Wednesday. "It takes the proprietary set-top box and transforms it into a proprietary app — hardly an improvement. Under the MVPD-supported approach, a third-party device would do nothing more than display a user interface and expose features entirely designed and controlled by the MVPD. No differentiation between devices would be possible."
Instead, the second approach — called alternatively the "virtual head-end" proposal or the "competitive navigation" proposal — aims to force programming into a much simpler format so that the devices can construct varying user interfaces and implement features like wider searching of content upon discretion.
Cable companies and programmers worry what this would mean at a time when networks like ESPN, Fox, Showtime have developed their own apps. Would it be the end of bundling? And what about contracts addressing such subjects as channel placement, on-demand access, place- and time-shifting and cloud access?
"Third-parties could potentially seek to disassemble the programming, features, and functions offered over distribution services and selectively reassemble some of them for their own commercial exploitation," states a filing by the MPAA on Thursday. "This could interfere with contracts, upset copyright law, and run afoul of the First and Fifth Amendments to the U.S. Constitution. It would also impose significant costs, require the restructuring of networks, and necessitate standards yet to be developed."
Not everyone is concerned that such an approach would constitute "compelled speech" or represent a taking of private property for public use without proper compensation. Not all have warned as Comcast did on Thursday the proposal would mean "leaving content vulnerable to piracy" and the creation of "a single, national point of attack vulnerable to hackers."
For example, the Writers Guild of America acknowledged that its members have benefited from the MVPD system, but nevertheless nodded towards media consolidation and spoke about how it was "imperative" that third party devices not be tied down by the old system. The guild argued in favor of the more controversial approach favored by tech companies and consumer advocates. "We urge the Commission to carry out its legal mandate to create a competitive market and to resist industry pressure to eviscerate any reasonably effective regulations," states the WGA's filing. "The time to act is now."

Thursday, March 31, 2016

Exam #2 Review Sheet (Exam is Thursday, April 7, 2016)

Exam #2 Review Sheet
Spring 2016

Rules of Language (class) 
Phonemic rules (pronunciation; how many sounds are there in the English language?)
Semantic rules (what we mean when we say things)
Structural/syntax rules (grammar)
Pragmatic rules (how we actually use language)
Normative rules (what is considered appropriate)

Underbelly of Movie Industry (from the blog + class)
- Tricky Hollywood accounting
- Theater extortion
- Fake Reviews
- Copyright Battles
- Script theft accusations
- Writers don't come up with ideas (producers do)
- Importance of the international market
- Development hell
- The importance of merchandising

Understanding TV Ratings (from blog + class)  
Nielsen Media Research
Rating vs Share (know that successful talk shows typically get low ratings but high shares)
Key Demo for entertainment
Key Demo for news
GRP = "gross ratings point"
HUT
TVHH
C3
Live + 7
Nielsen Family
Overnight Ratings (Set-top boxes)
Sweeps Months (November, February, May, July)
PeopleMeters
Diaries
Telephone Coincidentals

Sound Recording Overview
Phonograph and Edison
Gramophone and Berliner
Nickelodeons
Cylinders vs. flat discs
Berliner’s Victrola
Impact of radio on recording industry
Importance of the jukebox during the Depression
Rock n’ roll’s importance
RIAA
New business models
Organization of industry—talent, production, distribution, retail
Types of distribution 
Ownership of industry
Departments within typical recording company 
Economic State of Music Sales Worldwide (IFPI Digital Music Report)
Nielsen Music Report


Radio 
Key figures: Hertz, Marconi, Fessenden, de Forest, Conrad, Sarnoff, Armstrong
KDKA
“toll broadcasting”
Radio Act of 1927, FRC
Communications Act of 1934, FCC
FM radio
Television’s influence on radio
Telecommunications Policy Act of 1996
Three AM radio channel classifications (clear, regional, local)
Three FM radio channel classifications (C, B, A)
Popular station formats
Voice-tracking and compression
Sources of revenue (network ads, national spot ads, local ads)
Arbitron
General radio audience characteristics

Drama & Storytelling 
Dramatic formula
- Exposition/introduction
- Rising Action
- Climax
- Falling Action
- Denouement
Stock characters
-reluctant hero
-comic sidekick
-nerdy girl
-wacky neighbor
-wise old man
Stock Situations
-bitter rivals
-dysfunctional nuclear family
-middle child
-team of three girls
-ill-fated lovers
Plot
Theme
Genres (tragedy, comedy, mystery, action/horror, reality)
Sports as drama

Articles/videos posted on blog that will be on exam: 
IFPI Digital Music Report
Understanding TV Ratings
What TV ratings really mean (Nielsen)
Who owns radio in the U.S.
2014 Studio Profitability
2014 Theatrical Market Statistics
Bleak Outlook for film Industry
Hollywood Salaries (2 articles)


Wednesday, March 23, 2016

Things the Film Industry Doesn't Want You to Know About

Things the Film Industry Doesn’t Want You to Know About

Cinematic Listology By Ashe Cantrell on September 8 |

You may already be a film industry cynic. Maybe you think Hollywood is a barren wasteland, devoid of creativity and originality. Maybe you’re sick of seeing talented people get ignored and vapid hacks get splashed all over the trades. Maybe you’re tired of 3D everything and having to re-buy your movies every five to ten years.

I’m not here to dissuade you of any of that. Hell no, I’m here to make it worse. Get ready, because this is some of the rottenest shit of which the film industry is capable. These are the things so terrible that Hollywood has to cover them up, lest God see their sin and smite them accordingly (and keep various government entities and lawyers off their backs, of course). If you still had any kind thoughts toward Hollywood, I suggest you prepare yourself for crushing disappointment.

But first, I’d like to give a very huge shout out and thank you to writers C. Coville and Maxwell Yezpitelok for their help on this article. You guys are great!

And now back to the shit storm, already in progress:

6. Tricky Hollywood Accounting


Here’s a basic example of Hollywood Accounting: A studio makes a movie. The studio distributes the movie itself, and although the distributor is technically a separate company, they both belong to the same parent company. Also, the distribution arm sets whatever fees it wants. If they want to charge themselves eleventy quintillion dollars for distribution, they totally can. Then, even if the film earns billions of dollars in box office receipts, they’re still technically in debt (to themselves) and thus haven’t turned a profit.

Sound ridiculous? It happens all the freaking time. David Prowse, the guy who was in the Darth Vader costume in the original trilogy of Star Wars (before being ousted by that douche Hayden Christensen in the special edition) has never been paid for Return of the Jedi because it hasn’t turned a profit after nearly 30 years. That’s after dozens of home video and theatrical re-releases. (All the merchandising money goes to Lucas directly, of course.)

Similarly, someone leaked Warner Bros.’ accounting sheet for Harry Potter and the Order of the Phoenix onto the internet, showing that the film that had grossed about $1 billion worldwide had lost $167 million on paper.

Winston Groom, the writer of Forrest Gump was told that the film based on his work wasn’t profitable. Of course, he got the last laugh when they came to him asking if they could turn the sequel, Gump and Co. into a film as well, and he reportedly told them, ”I cannot, in good conscience, allow money to be wasted on a failure.” In other words, “Go fuck yourself.”

And then there’s Art Buchwald, whose spec script got stolen by Paramount (remember that, it’s going to come up later), and got turned intoComing to America. When he took them to court and sued for a percentage of the profit, Paramount was totally cool with it, because according to their books, it hadn’t made any kind of profit, so they didn’t owe him one red fucking cent. The judge later ruled that it was “unconscionable” for Paramount not to pay Buchwald something in a settlement. Otherwise, he’d have to ask Paramount to open their books for the courts to review. Paramount quickly backed down and settled with Buchwald instead.

5. Extorting Theaters

Ever wondered why popcorn, something that costs $.25 a bag on Planet Earth, costs $7 at the movies? Here’s a hint: it’s not because of the reconstituted pig flesh that they call butter.

Movie theaters have had to look for more and more ways to increase revenue, like jacking up the prices of things at the concessions stand and adding a dozen ads to the beginning of each film. Why, when new releases are constantly breaking records and making obscene amounts of money? Because film studios don’t like the theaters getting their beak wet.

Movie theaters operate on a kind of sliding scale. The first weekend of a movie’s release, the profit is split heavily in the studio’s favor, typically around an 80/20 split. The second weekend, it may change to a 70/30 scale, and so on. It’s even rumored that some major blockbuster films like Avatar are released with 90/10 or even 95/5 splits. Now keep in mind that exceptionally few films do very well after the first week of their release. Today, sometimes it's 100/0.

So why do the theaters take these awful deals? Because if they don’t, the studio is under no obligation to lease their films to that theater, so they can just totally bounce if they want to. If that happens, the theater has no films to show at all, and then what have they got to draw people in? Overpriced hot dogs?

4. Fake Reviews


Have you ever seen a trailer for a shitty movie on TV and it has one of those blurbs that’s like “…stunning…,” and maybe a soothing voice reads it aloud? You may joke with your friends that the rest of that quote is “a stunning pile of horse shit.” Turns out, that actually happens. It’s not a joke at all. Marketing departments just plain don’t give a fuck. For example, one critic’s review of Live Free or Die Hard got shortened from “hysterically overproduced and surprisingly entertaining” to “hysterically… entertaining.” Sometimes they’ll even take the blurb from parts of the review where the critic was referring to a different movie entirely or the genre as a whole, like when a blurb used for Definitely, Maybe turned out to be from the critic’s description of the romantic comedy genre as a whole and not his actual thoughts on the film.

Another fun trick Hollywood likes to use is trying to woo critics with free screenings, food, set visits, and other goodies. The people who take the bait are called quote whores. If your film needs a good review, they’re there to give it. One of the most infamous is a critic named Earl Dittman, who is the film critic for a publication called Wireless Magazine. You’ve probably never heard of Wireless, and that’s because they apparently have zero subscribers and no web presence, and yet that doesn’t stop film studio marketing departments from using his blurbs like they’re gold. In fact, Dittman was the center of a lot of controversy when an e-mail he sent to Fox contained not one, but ten different blurbs for the movie Robots and instructions for the studio to pick and use whichever one they liked best. But at least Earl Dittman’s a real guy.

David Manning, however, is a different story.  Sony Pictures created the fictitious Manning and claimed that he worked for The Ridgefield Press, a real newspaper. Unfortunately, they didn’t foresee someone actually asking the paper if they’d ever heard of the guy, because, you know, they hadn’t. All of his blurbs were concocted by Sony Pictures’ marketing department. Fox pulled similar shit, using footage of employees pretending to be ordinary movie-goers for promotional material.

In the spirit of Hollywood review tactics, I’m going to build a review of my most recent articles from an e-mail that the Film School Rejects editors sent me.
“Ashe, we’re getting really sick of telling you this, but if you… don’t… keep… posting these ridiculous[ly wonderful]… articles, we’re going to have to let you go.” -Cole Abaius, Film School Rejects

–~~~~~~~~~~~~–

3. Copyright Bullshit


Now, I’m not going to sit here and say that copyright sucks and it should be abolished, because I think it’s a useful tool for creators who want to protect their work from douchebags who might rip it off. What sucks is the way that big film companies use copyright as a bludgeon to keep people away from their intellectual property.

See, originally, copyright was limited to a maximum of 28 years. If you created something, you had 28 years to get all you could out of it, because after that it became public domain. Since those days, copyright terms have been extended numerous times, and each time one company has been leading the charge: Disney.

Each time the copyright on Steamboat Willie is about to run out, Disney loses their shit and lobbies the government to pass another copyright extension law. Although a popular explanation for this is that they’d lose the rights to Mickey Mouse if Steamboat Willie were to become public domain, that’s not the case. Mickey Mouse is actually a trademarked property, and trademarks are perpetual as long as the company continues to use it. (If you haven’t noticed, Disney uses the fuck out of Mickey Mouse.) The simple fact is that Disney still makes lots of  money selling DVDs and merchandise relating to Steamboat Willie.

In fact, Duke University compiled a list of all of the films that could have entered the public domain this year if Disney hadn’t argued for the law to be changed in 1976. Movies like On The Waterfront and Seven Samurai, and even the first two books of The Lord of the Rings would be in the public domain now, free for anyone to use and enjoy and remix and learn from. As it stands now, Steamboat Willie remains under copyright until 2023, and even fairly boring things like the very first issue of Sports Illustrated are protected until 2050. You can imagine what that means for movies that came out this year.

Here’s something funny, though: Some legal experts believe that Steamboat Willie may have never been registered for copyright at all. Nowadays, the very act of creating something gives you copyright, whether you register it or not, but back then, you had to specifically register the copyright for the works you wanted protected, and you had to label it in a very certain way afterward. A Disney researcher,Gregory Brown, believes that Walt Disney may have improperly formatted the copyright notice on Steamboat Willie, thus making the copyright void. In fact, a law student at Arizona State University researched Brown’s claims and agreed with him. Not only that, but a George Washington University copyright expert agreed with both of them and published a paper saying so. It was at this point that Disney took notice of the issue and actually threatened to sue him for “slander of title.” Holy shit, Disney.

2. Strangling Consumer Choice


If you’re like many millions of other Netflix customers, you were probably pissed off when they jacked up their prices last month, effectively doubling the cost of some people’s subscriptions. And before that, you were probably annoyed when they started putting out their DVDs 28 days after they went on sale. And maybe you’re mad now that they’re losing their contract with Starz because they had an argument about money.

It’s almost like Netflix got tired of making money or something. Why do they keep doing all this stupid stuff? Well, simply put, it’s not really their fault. You see, film studios aren’t the biggest fans of things like Netflix, Redbox, or Hulu. You know, those things that allow you to pick and choose what you want to watch when you want to watch it for a reasonable, affordable price. The reason is that it eats into their sales of DVDs and pay-per-view rentals, for which they get a much higher cut of the profit. As DVD sales drop, movie studios panic.

So, instead of adapting their business model to a format that consumers obviously prefer, they’d rather try to turn back the clock and take away the distribution methods people love and enjoy. That means demanding more money from Netflix to lease their movies, ever-increasing delays between a DVD’s release and its availability out of Redbox machines, and putting Hulu, a service created by the content creators themselves, up on the auction block when it ended up being too successful. The Time Warner CEO has even taken to blasting Netflix in the press for the last year, describing them as a “fading star.” You’d fade, too, if someone wrapped their hands around your throat.

1. Stealing Scripts


Remember Art Buchwald from earlier? The guy who almost got screwed by Paramount before a judge stepped in and told them to cut that shit out? Well, there’s a little more to that story. A few years before the big court case, Buchwald was already a successful humor writer and satirist, even winning himself a Pulitzer for his work. Then he set his sights on Hollywood, and he pitched Paramount an idea for a movie about an African prince who moves to America to find a bride. He suggested Eddie Murphy as a lead actor. (That’s right, kids. People used towant Eddie Murphy in their movies.)

Paramount took the pitch, but then had trouble getting it off the ground. Eventually, the rights returned to Buchwald and he pitched it to Warner Bros. Shortly after they began work on it, though, Warner Bros. killed the project. Turns out, there was a similar film going into production at Paramount. It was a movie about an African prince who moves to America to find a bride. Oh, and it starred Eddie Murphy, who was also given writing credit. That movie, of course, was Coming to America. Buchwald was furious and immediately took Paramount to court, which instigated the events discussed back in the Hollywood Accounting entry. So Buchwald didn’t just get screwed, he almost got double-screwed. But he’s not the only one.

Turns out, some of those crazy people who constantly crop up and say Hollywood producers ripped off their scripts aren’t so crazy. In fact, it turns out that it’s a dirty little secret of Hollywood’s that stealing scripts is almost commonplace. Jeff Grosso wrote a script about his life as a professional Texas Hold ‘Em player and had it turned down by Miramax, only for them to turn around and begin production on an identical project that became the Matt Damon film Rounders. Another writer, Reed Martin, pitched his idea and, like Buchwald, even recommended the perfect actor for his script– Bill Murray. Months later, an exceptionally similar movie, Broken Flowers (starring Bill Murray, of course), went into production without Martin. Although Martin’s claim survived many attempts at dismissal, it saw a trial in which a jury sided with the studio. Due to the high cost of the appeals process (an approximated $800,000), he has not filed an appeal.

The problem is that while scripts can be copyrighted, ideas cannot. So, if Hollywood gets pitched an idea and likes it, but doesn’t want to deal with the whole “paying for the script” thing, they can just hire someone to write another script based on “their” idea. Since they have much bigger, meaner lawyers than your average spec script writer, the writer kinda gets boned. So even the mythical “original idea” in Hollywood? Yeah, it may not be so original after all.

Others: 

Writers Don't Come Up With the Ideas
The Complaint:

"There are no original ideas! Look at the top-grossing 25 films of the 2000s -- 23 were remakes or adaptations! How lazy can these writers get?"

"I made almost enough money writing Transformers 2 to drink away the shame of having written Transformers 2."

The Problem:

Even if you know nothing about how movies get made, you know that there are very specialized tasks -- the sound guy is an expert in microphones and audio but probably couldn't be trusted to do stunts. And, you assume that when it comes to thinking up the ideas for what happens in the movie, somewhere it's all just some writer hunched over a keyboard -- a professional who is an expert in story, plot and character.

Not so.

In almost all cases, the initial ideas for movie plots don't come from screenwriters at all, but from producers (basically, the people in charge of the money side of the project). So most of the movies playing in your nearest theater didn't come from some writer thinking up a story he wanted to tell -- they came from some producer saying, "There hasn't been a ThunderCats movie yet, has there?"

"Avatar was full of cat people -- we can't miss!"
At that point, the producer and whoever else is involved (other producers, maybe a famous actor if they're lucky) will then hammer out a rough idea for the movie that will appeal to at least two of the four market demographics (young males, young females, older males, older females). So if it's an action movie aimed completely at young males, you throw a romance in there for the ladies. It's only then that they will give a screenwriter a call. In other words, in most Hollywood films, the writer is basically there to fill in the dialogue holes and think of clever catchphrases for Ryan Reynolds to say every time he socks a guy in the jaw.

For Example ...

The Halloween franchise wasn't cooked up by a plucky man named John Carpenter who had a dream about a man in a creepy mask. Instead,two producers approached him after they decided it would be cool to have a movie about a psycho stalking babysitters.

It's a tale as old as time.
So what about those screenplays that your friend working at the video store is constantly writing, in hopes they will some day get made and star a naked Natalie Portman? In reality, even the great ones are treated as spec scripts (basically, a literary audition). The script is proof to the people in charge that the writer is, for the most part, not illiterate. So if you submit a powerfully emotional piece that deftly explores the facets of love and loss, you might impress someone enough to get a job co-writing Transformers 4.

On the rare occasion that an original script does get picked up for production, it's likely to get swept up by one of the big franchises. I, Robot was initially an original script called Hardwired that no one would touch until a famous Asimov title was attached to it. Die Hard 2, 3 and 4,Ocean's Twelve and Starship Troopers were all original ideas that were snapped up and rebranded as franchises. So if you're working on a passion project, maybe it's time to let the dream die and just start focusing on a gritty reboot of She-Ra.

Creativity counts for a hell of a lot less than brand awareness.

Everything Is Simplified for the International Market
The Complaint:

"Even the original movie ideas are just mindless explosions and CGI! Why does every other movie have to look like a video game and make me feel like a moron?"

The Problem:

If you're reading this, then those movies weren't made with you in mind. They were made for the international box office (Transformers 2 made $400 million overseas, for instance). Now, before you even have a chance to think it, we are not saying foreign audiences are stupid. The movies made in their home countries, for them, are no doubt just as deep and thoughtful as any Best Picture winner.

No doubt.
What we're saying is that to make a movie that appeals equally to American, Japanese, Korean, German and Mexican teenagers, you need to simplify that shit down to things they all understand equally. Anything dealing with, say, the subtle trials and hardships of everyday life in the American Midwest is going to be totally lost on someone from the other side of the planet.

But there is one thing that everyone in the world can understand and sympathize with, no matter what their culture or ethnicity: The need to run away if you are being chased by giant robots.

Forget math -- robot threat is the universal language.
Likewise, foreign audiences also aren't as picky about good writing (a lot of it will be lost in the translation to subtitles anyway) or clever comedy (which is highly culturally specific). So if you're a studio executive who is choosing between financing a poignant coming of age film about an orphan ranch hand in East Texas or a film about a giant radioactive thunderstorm that gives people superpowers, chances are you're not going to go with the poignancy.

For Example ...
Everybody chuckled at how over-the-top stupid 2012 was. And it did a "meh" $166 million in American box office. 

Overseas? It made $604 million.

"Yah! Ve liken das tidal waves unt der evil vice fuhrer."
By the way, it was that lust for foreign currency, not a sudden loss in patriotism, that was behind the G.I. Joe movie replacing its "all-American hero" with a multinational group of soldiers with a strangely American task force name.


Movie Projects Get Killed for Bad Reasons
The Complaint:

"Man, whatever happened to that Halo movie Peter Jackson was going to make? Or (insert any of a hundred impossibly cool movies rumored on Ain't It Cool five years ago that were never mentioned again)?

Caption Dept. Note: Sorry, we can't think of anything that would make this picture more ridiculous.
The Problem:

"Development Hell" is what happens when a movie gets indefinitely stuck at some point during the moviemaking process and gets lost. Now, sometimes it's nobody's fault -- Halo would be expensive and at this point would look like a cheap Avatar knockoff. But the kicker is that sometimes the studios banish projects to oblivion intentionally.

"Pay our hefty ransom, or you'll never see your precious Halo movie again."
For Example ...

Hollywood studios generally buy 10 times as many scripts as they make into movies, which means they currently own exclusive rights to a shitload of films that will never see production. And in most cases, they won't let anyone else have them. E.T., The Matrix, Pulp Fiction and Star Wars are all films that you never would have seen because the studios that owned them were content to sit on each forever. They were saved only because someone convinced another studio to re-buy them, usually at a higher price.

Sometimes the reasons for stalling a project are even more duplicitous. According to screenwriter Howard Meibach, in the 90s Disney bought a script for a hockey-related movie that was getting attention in Hollywood simply because it had a different hockey movie in production and "[didn't] want another studio to get it." Thanks to Disney's unapologetic cock-blocking, we will never know what the actual film was about.

We have our guesses.

And finally, sometimes studios will sit on entirely completed movies. We've told you about the time a studio made an abysmal low-budget adaptation of The Fantastic Four it never intended to release, simply because it wanted to keep the rights. It turns out this sort of thing is more common than you'd expect: When legendary producer Harvey Weinstein was in charge of Miramax, he used to buy exclusive rights to foreign films and then push back their releases indefinitely as part of a scheme to get bonuses from Disney. He bought the rights to distribute Jet Li's movie Hero and then didn't, releasing it a full two years later only when Quentin Tarantino finally intervened.

After what we can only imagine was one hell of a sword fight.

OK, so you probably don't care about a crappy superhero B-movie or some foreign flick about old people falling in love or, like, rain (look, we don't see a lot of foreign movies). But how about Mike Judge's movie Idiocracy? 

Despite how much America loves Judge for Beavis and Butthead and Office Space, 20th Century Fox did everything it could to bury his movie. It tried to weasel out of a theatrical release for over a year and finally did the bare minimum to fulfill its contract by opening Idiocracy in seven cities, with no trailers or press kits.

Merchandising Supremacy
The Complaint:
"Wait, Pixar is making freaking Cars 2? Of all the original films they could be working on or, hell, of all the sequels they could be making, they're making a goddamned Cars 2? Why?"
The Problem:
Five billion dollars. That's how much money Disney has made off of Cars merchandise (and that article is two years old -- hell, it could be 7 billion by now).

The inevitable conclusion here is a movie about the secret lives of Happy Meal toys.
That's why Up, despite being wildly critically acclaimed from the get-go, actually caused Pixar's stock to go down before its release; investors thought the lack of merchandise would make it bomb and wondered what the point of the movie was without the toys.
You can't overstate how huge merchandising looms in the process of getting a blockbuster made. Film merchandising is a $132 billion industry worldwide, and it's also a pretty sweet deal for filmmakers -- they don't have to actually manufacture or sell anything; they just charge a licensing fee and use that money to help fund their movie. So if the toys don't sell, the merchandiser has to take the loss, not the studio. Awesome, right?
Well, no. The more expensive films get (and they're getting pretty expensive), the more the industry becomes dependent on merchandising. So parents concerned about Hollywood's influence on their children will be happy to know that today it's nigh impossible to get a kids movie greenlit if your characters don't look like something you can put inside a Happy Meal.

REJECTED.
For Example ...
Take a look at what will probably be next year's biggest blockbuster:
Seriously. Someone is making a $200 million movie based on some pieces of plastic and a bunch of holes, some of which will be played by Liam Neeson and Rihanna. There's also a remake of Clue and a movie adaptation of motherfucking Monopoly directed by Ridley Scott.
And don't get us started on the product placement. Today, branding experts read drafts, meet with the writers and even write new dialogue. That's why you have scenes in which John Connor drives a Chrysler in the post-apocalyptic future of Terminator Salvation, even though there are about 67 solid reasons why that doesn't make any sense. You can look forward to seeing a hell of a lot more of that in the future.

"You made a time machine ... out of a box of Kellogg's Rice Krispies?"
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