The last few weeks have seen a flurry of news stories and events linked by a common theme: the opportunities and threats posed to the film business by digital technology.
Let’s deal with the threats first. For starters, a court in Sweden found those involved in Pirate Bay guilty of breaching copyright laws. That same week, figures released by Italy’s Federazione Anti-Pirateria Audiovisiva (FAPAV) put the annual loss to the local cinema industry at around $699m (Euros 530m). The research, conducted by IPSOS, estimated the number of Italian jobs at risk due to piracy to be around 250,000.
According to the study, just under one third (32%) of Italians (around 16 million) have used illegal copies of films over the past twelve months. These figures include all types of pirate activity but, significantly, online/digital film theft (e.g. illegal downloading and file sharing) accounted for 21% of illegal activity.
Closer to home, last week I attended an event in London hosted by the Film Theft Task Force entitled Digital Heat. The gathering provided a forum for the content and distribution sectors of the industry to consider ‘how digital technologies can be turned into legitimate business for the UK film and TV industries’.
The discussion hinged around the question of how best to capitalise on the opportunities presented by digital distribution while managing the attendant risks. A short AV presentation kicked off proceedings with some indicative data:
Opportunities…
• 67% of UK households had access to broadband in 2008
• 23.5 million people use the internet every day
• 16-24 use it most (77% every day)
• 20.2 million people have used a legitimate online content service - doubling use since 2007
• Most (96%) used free streaming sites
Threats…
• Annual loss to the UK audio visual industries from film theft is estimated to run at around £500 million
• 62% of people who use illegal online services would think twice if they faced suspension by their ISP
• 66% of adult file sharers would stop accessing illegal content if they thought they had a greater chance of being caught
The AV was merely a warm-up act for the main billing: a panel discussion chaired by Michael Gubbins (former editor of Screen International) and featuring Stephen Garrett (Joint MD Kudos Film and Television), Andrew Keyte (CEO FilmFlex Movies), Simon Morris (co-founder and Marketing Director, LoveFilm), Jonathan Lewis (Head of Digital Media at Five TV) and Steve Purdham (CEO, We 7).
I can’t possibly do justice to what turned out to be a highly informative and entertaining debate, but the discussion boiled down as follows:
- We’re living in a digitally converged age- it’s no longer just around the corner, it’s a reality and it’s time to face up to the fact.
- The vast scale of online film theft demonstrates one simple truth: there is huge demand for accessible, good quality audio visual content. The legitimate business has so far failed to meet this demand, and file sharing and other forms of film theft are flourishing.
- Whatever business models are developed to tap this latent demand, they must satisfy three criteria:
- Online content is very price sensitive (the pirates are offering the stuff for free!)- so download to own or rent, or streaming services, must be offered at very competitive rates, or free to the user (funded by advertising, sponsorship etc.).
- Consumers want content whenever and wherever they can get it: release windows and DRM create barriers and must be scrapped.
- Consumers will switch to legitimate platforms provided they get a good service (something the file sharers cannot provide, or have no interest in providing). That means reliable delivery, high quality product and a user interface that makes purchasing or consuming as straightforward as possible.
There was broad agreement across the panel for points 1 and 2, but less consensus about the solution outlined in point 3.
Steve Purdham was the most vocal advocate of the new approach. His company offers users free music through a streaming and download service supported by advertising (although Purdham is bankrolling the service at present, as he builds the subscriber base). Users have to listen to an advertisement ‘grafted’ onto the start of the free stream, and then they are offered the option of buying the track to download.
Purdham is confident that advertising-led services can flourish, and he made a convincing case for the potential of such a model. By asking users to register for the free service, the door is opened to selling and marketing to them in more conventional ways. Peer-to-peer transactions are anonymous, but there’s an opportunity for legitimate business to build a marketing database on a global scale.
Yet as Stephen Garrett noted, this model may work well for music but the cost of making top quality TV or film content is too high to be carried by advertising-based models alone. He described the situation in the indie TV sector, where companies like Kudos finance production on the strength of future income- and that includes the lucrative DVD and pay-TV markets. The big question is whether online revenues will ever provide the sort of income stream offered by existing ancillaries.
But the matter need not, of course, boil down to an ‘either / or’ option. Looking around at the legitimate online services currently being offered, there are encouraging signs of a mixed economy of services developing. For example, Danny King, writing last week in Video Business, reports growth in Netflix’s first-quarter profit and subscriber numbers. Netflix straddles the physical, packaged media market (DVD rental by post) and has moved into online distribution with its streaming service.
The company saw net income rise by 68% to $22.4 million, as sales rose 21% to $394.1 million. The Netflix subscriber base grew by 920,000 during the quarter, up 25% from a year earlier to 10.31 million, making it the biggest movie-rental service via mail company in the US.
Netflix’s video-streaming service now has 11.5 million customers, and it appears to be augmenting, rather than cannibalising, the existing DVD business: “While it’s clear that instantly streaming movies … is energizing our growth, our subscribers in total are renting more DVDs and Blu-ray movies than ever,” Reed Hastings, CEO, said. The company anticipates the DVD market will peak between 2013 and 2018, but has ruled out a streaming-only subscription option anytime soon.
New online movie services, like iReel.com in the US, are developing all the time, while existing ones are jazzing up their consumer offer. For example, Amazon.com announced last week it plans to launch HD (high-definition video) content to its on-demand service. "Our customers have been asking us for two things: HD and the ability to watch movies and TV shows instantly on their television," said Bill Carr, Amazon vice president of music and video.
But for all this activity, there is still no single destination offering the breadth of content, viewing flexibility and the value for money demanded by consumers- a point taken up by LA Times columnist Patrick Goldstein in his The Big Picture blog.
‘Why has Hollywood been so slow to put its movies and TV shows online?’ Goldstein asks. Quoting technology columnist Farhad Manjoo, he offers a plausible explanation, citing lessons to be learned from the pirates:
As Manjoo confesses: "I would gladly pay a hefty monthly fee for [a download service] -- if someone would take my money. In reality, I pay nothing because no company sells such a plan. Instead, I've been getting my programming from the friendly BitTorrent peer-to-peer network. Pirates aren't popular these days, but let's give them this -- they know how to put together a killer on-demand entertainment system."
Neither Netflix, iTunes or any of the other legitimate services offer anything like the variety and accessibility of peer-to-peer networks for one obvious reason: they are hamstrung by ‘a "byzantine set of contractual relationships" among studios, distributors, cable channels and a variety of other parties.’
The studios won't release movies online day and date with their theatrical release, fearing the availability will cannibalize their performance in the theaters, not to mention enraging theater owners. After movies arrive on DVD, they are also becoming available on pay-per-view, then a few months later they go to premium, HBO-style pay-cable channels, which get a 15- to 18-month exclusive window in which to show the film. As Manjoo explains: "That's why you can't get older titles through Apple's rental plan -- once the movie goes to HBO, Apple loses the right to rent it."
Movies then "make a tour" of ad-supported cable and broadcast networks before returning to outlets like Starz for a second run. Only years after its initial release, when a film enters its "library" phase, are companies like Netflix allowed to license it for streaming. There's a growing generation of consumers eager to see studios shorten or do away with all these windows, but the studios are in no rush -- they say these deals are worth billions, so why sacrifice built-in profits for an uncertain future?
Goldstein concludes with a warning: if the business fights to protect its existing revenue streams it risks continuing to lose out to the pirates. Consumers will go where the content is- and unless legitimate alternatives are offered in double quick time, a golden opportunity to grow the business in news ways may be missed:
You have to wonder if by the time Hollywood makes movies easily available online, the dogs will have barked and the caravan will have moved on. In other words, it might be too late.