Presentation on Portability & Linguistic Versions

Transcription

1 Presentation on Portability & Linguistic Versions Brussels, 31 May 2013 Dragoslav Zachariev, EuroVoD / UniversCiné

2 For avoidance of doubt, it has to be made clear that this presentation concerns portability of VoD offers (primarily cinema content, secondarily documentaries, animation, TV series) on web-based platforms and their attached applications for Connected TV, tablets & smartphones and Over-The- Top offers. It doesn t concern VoD offers on IPTV channels. This presentation is made on behalf of the EuroVoD platforms and reflects their views only.

3 Portability: How to enable users to have access to their VoD subscription service when they travel abroad? Linguistic Versions: How to grant users the possibility to choose between several linguistic versions (subtitling, dubbing) when viewing films on VoD? Related Questions: What are the technical solutions? What are the legal & business implications?

4 - Original Version (+ Versions for the Hearing Impaired & Visually Impaired ) - Original Version - Subtitled Version - Dubbed Version Theatrical Theatrical TV TV Video/DVD (physical carriers: retail & rental) VoD Video /DVD (physical carriers: retail & rental) VoD

5 In order to complete the financing plan, the Producer pre-sells or sells mandates / rights: National Mandate (OV) Sales Agent or Distributor (Theatrical/TV/Video/DVD/VoD) World Mandate (OV/Subtitled/Dubbed) Int l Sales Agent (Theatrical/TV/Video/DVD/VoD) Additional financing can come from: Participation of foreign co-producers (against mandate for their territories Subtitled/Dubbed version in the language of the territory) + Public Funding (national, MEDIA, Eurimages), Bank Loans, etc.

6 The Int l Sales Agent sells (in general): Per territory and respective linguistic versions All rights, when possible (Theatrical/TV/Video/DVD/VoD) to local distributors, during the 1st cycle when the film is considered a new title (app. 1-2 years after world premiere) Rights per channel/media, during the 2 nd cycle when the film becomes a catalogue/library title Sales are done per territory and respective linguistic versions not only in Europe, but in the whole world. Multi-territorial deals are legally possible (for example for TV channels in Latin America), and are less frequent..

7 A Few Conclusions: The Split of Rights is closely related to the Financing Plan Selling films per territory and language corresponds to the reality of the markets. (Distributors have a key role in the commercial success of a film. They agree to share the financial risk in financing, producing, marketing and distributing the film in exchange for the possibility to recoup their investment in the territory(ies)/media platform(s) concerned by their individual contractual relationship with the producers). Selling films per territory (and channels/media) maximizes their value and their chances of discoverability by local audiences. Selling films per linguistic version promotes their exploitation (developed further). Each link in the chain (producer, sales agent, distributor, exhibitor, TV, DVD publisher, VoD operator) has a very specific role in the process of bringing the film to the audience in a wide variety of screens and with the appropriate marketing & promotional tools.

8 The Digital (r)evolution: Brings a shift in the exploitation of films in terms of time & space (impression of borderless and permanent profusion) Creates new consumers needs & practices (interest for new devices, for virtual and delinearized offers ) Mixes offer- & demand- driven supplies (Cinema vs. TV) Shakes the existing models (windows, financing sources ) Opens new horizons (still unknown)

9 Case Studies: Geo-blocking by IP (most common case) focus on the territory licensed. Geo-blocking by user s account (bank card) focus on the territory licensed - with possibility to extend access if consistent with rights licensed.

10 What are the Technical Solutions? Combined identification of users through IP and their user s account (bank card) Possibility for cross-border access when travelling (identification by user s account and bank card) Possibility to pay with a foreign bank card (cross-check with IP) Creation of automatic alerts in order to limit or interrupt the access for breach by the user of the Terms & Conditions

11 What are the legal and business implications? Necessity to amend the Terms & Conditions of the service provider / Conditions Générales de Vente / and inform users that if they act in contradiction with the Terms & Conditions, the service will be interrupted Necessity to inform rights holders and re-sign contracts with them Necessity to enable rights holders to authorize or not this type of exploitation of their films

12 Case Studies Films in Theatres L Exercice de l Etat, Pierre Shoeller - Theatrical Release in France (OV): 26 October Theatrical Release in Germany (Subtitled/Dubbed in German): 22 November 2012 Films release dates often vary from one territory to another. The linguistic version promotes the exploitation of the film. Big markets vs. small markets sharing the same language - Theatrical release of French films in France has to occur before or at least at the same time as their theatrical release in Belgium (holdback clause). - Theatrical releases in Germany, Austria and German-speaking Switzerland tend to occur relatively closely.

13 Case Studies Films on DVDs DVD publishers have territorial & linguistic rights - DVDs have different prices in different countries (like many products in the EU, audiovisual content is priced according to local purchasing power, other competing products, VAT, which varies from country to country, etc ); - Exclusivity of rights for OVST in English for English-speaking territories ; - DVDs with burnt subtitles for films in English OV for non English-speaking territories. Once bought, a DVD can be transported abroad. Online retailers deliver cross-border access.

14 Case Studies Films on DVDs DVDs with several linguistic versions - Cooperation between distributors from different countries Imagine Film & Arsenal : mutualizing the cost of the DVD master and including all linguistic versions licensed. - The Sales Agent (The Match Factory) strengthens the local distributor the French DVD of Gerhard Richter Painting, a film by Corinna Belz, has also the English subtitles, because the DVD is sold in museums (Gerhard Richter s exhibition at the Centre Georges Pompidou), where large part of the customers are foreign tourists. - As rights holders, publishers can publish DVDs with several linguistic versions. Market reasons prevail when deciding to licence linguistic versions. Case by case basis rules.

15 Case Studies Films on VoD Global commercial platforms (itunes) Global institutional platforms (Institut Français / IF Cinema) Local platforms in plurilingual countries (lekino.ch) Technology goes beyond existing legal framework. Possibilities to explore Make a distinction between new films (in process of negotiations, sales, distribution and releases) and catalogue films. Each film has its own business model, therefore it is important to ensure flexibility for rights holders. Need for financing of subtitling / dubbing (MEDIA Programme incentives).

16 Contact: Dragoslav Zachariev EuroVoD/UniversCiné 47, rue de Paradis Paris FRANCE