Pilot Locations 2014: New York Production Rises, Los Angeles Plummets, Texas Hot
By Nellie Andreeva – While California Gov. Jerry Brown is still “not committed” to expanding the state’s film and TV tax credit, Los Angeles is seeing another drop in broadcast pilot production to what appears to be an all-time low. New York, which also lured The Tonight Show franchise away from Los Angeles, returns this year as the most popular drama location and reinforcing its strong position in comedy.
Dish And Disney Finalize Output Deal That Ends Their Ad-Hopper Dispute
By David Lieberman – The companies have officially announced a “wide-ranging” deal, which “will result in dismissal of all pending litigation between the two companies, including disputes over PrimeTime Anytime and AutoHop.” The agreement calls for Dish to disable AutoHop functionality for ABC content within the C3 ratings window. The pact also for the first time allows Dish customers to access Disney’s authenticated live and VOD products.
White House Backs Broadcasters In Aereo Case
By David Lieberman and Dominic Patten – The Solicitor General’s office put the Obama administration solidly in the anti-Aereo camp with a 40-page amicus brief filed with SCOTUS.
‘The Wire’s David Simon Takes On Oprah-Produced HBO Mini On Martin Luther King
By Mike Fleming Jr. – I’m hearing that David Simon, the architect of the HBO series The Wire, Homicide and most recently Treme, will spearhead the HBO six-hour MLK miniseries adaptation of America: In The King Years, based on the celebrated book trilogy by Pulitzer Prize-winner Taylor Branch. Read More »
UPDATE, 10:38 AM: Unsurprisingly, Aereo is not happy with the denial today of its attempt to overturn the six-state injunction against the Barry Diller-backed service. “We are disappointed in the 10th Circuit Court of Appeals 2:1 decision … Read More »
The big boys came out today on the side of the broadcasters in their upcoming appearance in front of the Supreme Court in the Aereo case. The solicitor general’s office put the Obama administration solidly in the anti-Aereo camp with a 40-page amicus brief (read it here) filed with the SCOTUS today. The broadcasters say that Aereo infringes on their copyrights by streaming their over-the-air signals without licenses or compensation. Aereo says that it simply leases out antennas and technology that consumers can already use to watch broadcast TV for free.
Aereo Supreme Court Arguments Set For Late April
Would The Supreme Court Upend The TV Business If It Sides With Aereo?
“The proper resolution of this dispute is straightforward,” the brief states. “Unlike a purveyor of home antennas, or the lessor of hilltop space on which individual consumers may erect their own antennas … respondent does not simply provide access to equipment or other property that facilitates customers’ reception of broadcast signals. Rather, respondent operates an integrated system—i.e., a ‘device or process’—whose functioning depends on its customers’ shared use of common facilities. The fact that as part of that system respondent uses unique copies and many individual transmissions does not alter the conclusion that it is retransmitting broadcast content ‘to the public.’ Like its competitors, respondent therefore must obtain licenses to perform the copyrighted content on which its business relies. That conclusion, however, should not call into question the legitimacy of businesses that use the Internet to provide new ways for consumers to store, hear, and view their own lawfully acquired copies of copyrighted works.”
FilmOn X Loses Bid To Join Aereo Supreme Court Case
Cablevision Opposes Aereo And Broadcasters At Supreme Court
The high court agreed in January to hear the case, and briefs from the broadcasters were due on February 24 and today. Aereo must submit its response to the petitioner’s brief by March 26 and send in an amicus curiae brief of its own by April 2. Read More »
The cable company has a stake in the high court’s view of Aereo: Cablevision opened the door for the streaming service in 2008 when it beat back a challenge by broadcasters to its remote storage DVRs. Courts in that case agreed with the cable company that there was little difference, in legal terms, between a DVR that stored shows miles away on a remote server vs a set-top box. Aereo says the same principle applies to its remote antennas: They pick up over-the-air TV the same way consumers would if they had an antenna at home. But Cablevision says, in an amicus brief today, that it disagrees with arguments from Aereo and broadcasters alike. The streaming service should be deemed illegal, Cablevision says, because it’s “functionally identical to a cable system” that must pay broadcasters for the right to retransmit their over-the-air signals. “The fact that Aereo delivers programming on an individualized basis through mini-antennas and hard-drive copies does not change the basic nature of its service.” But Cablevision says that broadcasters go too far when they argue that their copyrights give them broad rights to determine what happens with the shows that they transmit. That view, if upheld, would “imperil nearly any cloud technology that enables remote storage and playback” such as Amazon’s MP3 Store and player. Although broadcasters say they wouldn’t threaten such services, Cablevision says they “advance an overbroad prior performance theory and then, in an effort to avoid its absurd results, engraft on an ad hoc exception for cloud technologies.” Read More »
Alki David‘s streaming service will get a chance to participate in the broadcasters’ case against Aereo before the Supreme Court on April 22. FilmOn X filed a motion for leave to intervene in early February on … Read More »
Once again the Aereo legal roller coaster has whipped up after a steep downward turn. Less than a week after being slapped with a 6-state injunction, the Barry Diller-backed streaming service today has won a 14-day reprieve … Read More »
That would be a problem, the network says in a brief filed today, because “Millions of Americans still rely on free over-the-air broadcasts to receive television programming.” What’s more, “broadcast television not only continues to carry the majority of the country’s most popular shows, … Read More »
UPDATE, 5:10 PM: As it has from the beginning back in 2012, the latest legal battle between the broadcasters and Aereo comes down to whether the streaming service is engaging in a private or public performance. Aereo says the former and the broadcasters say the latter, and today a federal judge in Utah agreed with the broadcasters and shut the service down in six states as the two sides prepare to fight it out in front of the Supreme Court in late April. Unsurprisingly, Aereo CEO and founder Chet Kanojia is “disappointed” with today’s developments. Read the statement he provided Deadline here:
We are extremely disappointed that the District Court in Utah has chosen to take a different path than every other Court that has reviewed the Aereo technology. Consumers have a fundamental right to watch over the air broadcast television via an antenna and to record copies for their personal use. The Copyright Act provides no justification to curtail that right simply because the consumer is using modern, remotely located equipment. We are very sorry for the effect on our valued customers in the Tenth Circuit and we will pursue all available remedies to restore their ability to use Aereo.
Read More »
Shares for the TV station group are down about 6.6% this morning after it missed Q4 earnings estimates, bringing its year-to-date stock performance to -27.2%. But execs urged analysts not to fret about its prospects — including if broadcasters fail to persuade the U.S. Supreme Court that Aereo infringes on their copyrights. For example, networks probably wouldn’t follow through on threats to restrict their prime time shows to pay TV if justices say that the streaming service can pick up local broadcasters’ over-the-air signals without paying a license fee. “The truth of the matter is that the amount of support that we provide as affiliates to the network programming is significant, especially with the amount of local programming that we supply, news production, and syndicated product that we purchase,” Sinclair CEO David Smith says. The variation in network ratings in different markets “demonstrates the importance of local branding to the networks and to their viewing.” Nor is the station group chief fearful that cable and satellite companies might replicate Aereo’s antenna-based technology to avoid paying retransmission consent fees to broadcasters. With all of the laws and regulations that govern pay TV providers’ relationship with TV stations, ”you’re talking years and years before that would get settled.” Smith also shrugged off the latest copyright infringement suit against Aereo in Utah, saying that “any litigation we’ve got going in Salt Lake City could be diluted by what the Supreme Court does.” The high court will hear arguments on April 22. Read More »
They have been given a date. The broadcasters and Aereo will argue their case before the Supreme Court on April 22 at 11 AM, the court announced today. SCOTUS agreed on January 10 to hear arguments on the petition that ABC, CBS, Fox, NBC and several other broadcasters submitted in October. The broadcasters want the High Court to review an April 1, 2013 ruling by the U.S. Court of Appeals in New York that confirmed a District Court decision and rejected their request for a preliminary injunction against the Barry Diller-backed streaming service. However, there are still a few more steps before the parties show up in Washington D.C. Briefs are due from the broadcasters on February 24 and March 3. Aereo must submit its response to the petitioner’s brief by March 26 and send in an amicus curiae brief of its own by April 2. Like in the decision by the Court to hear the case in early January, Justice Samuel Alito will be recused from the April arguments because his family owns Disney stock. He’s “considered to be pro-business/conservative, so this could be viewed favorably for Aereo,” says Susquehanna Financial Group’s Thomas Claps. If the remaining eight justices split equally, then the District Court’s pro-Aereo decision would stand.
Related: FilmOn X Wants In On U.S. Supreme Court Case Over Aereo Read More »
More billable hours for broadcasters’ and Aereo’s lawyers. The U.S. District Court will hear broadcasters’ motion for a preliminary injunction against the streaming service on Tuesday – even as the U.S. Supreme Court plans … Read More »
Fox hopes to “create some precedents” with its digital plans for The Simpsons later this year when the long-running animated series will become “the face” of FXX, COO Chase Carey told analysts this morning in a call to discuss fiscal Q2 earnings. No specifics yet — but the exec says that it’s one of the reasons why Fox decided to keep the re-run rights instead of licensing to someone else. “There are times when our distribution businesses have a unique ability to take advantage of a set of rights. And The Simpsons is a perfect example.” The show will “help brand…and help drive” FXX, Carey adds, but Fox isn’t “turning it into The Simpsons Channel.” Would a similar strategy also make sense for, say, FX’s The Americans? Not necessarily, Carey says. “When you get to a one-size-fits-all [strategy], I don’t think that’s the way to go….What we’re not going to do is undersell the content” when others “see values that exceed what it’s worth to us.” Read More »
Alki David‘s streaming service “merely seeks to participate in the briefing and oral argument” at the high court it says in a motion to intervene. The main reason: Courts have enjoined FilmOn X from offering over-the-air broadcast signals via the … Read More »
Wall Street is so driven by groupthink that I have to take my hat off to Bernstein Research’s Todd Juenger for sticking to his guns this morning about CBS. He’s one of the lonely few analysts who’s neutral about the company’s stock; 21 have a “buy” vs five who have a “hold”. That made him the wallflower at the CBS party: Its shares have appreciated 97.5%, well ahead of the benchmark Standard & Poor’s 500′s 32.7% in the period since late February 2012 when Juenger initiated his coverage with a “market perform” recommendation. The analyst says that he feels like someone who looks at the Mona Lisa and says “Eh, that’s a nice painting.” So why doesn’t he join the pack? He believes that “upside operating scenarios for CBS are either exhausted or fully baked into the stock, but downside risk remains.” Take retransmission consent. He underestimated how quickly the company would collect those fees from pay TV distributors. But now the revenues are “solidly built into expectations.” Showtime grew faster than he anticipated, but he wonders: “How much longer can it keep growing at the same pace?” And CBS’ ratings success could become a problem. “As the #1 network, there will always be the risk of ratings decline, no matter how good CBS’ track record. …There is always some chance the U.S. will wake up one day and no longer be interested in NCIS or CSI. We’re not saying that’s likely. But it is always a risk.” Read More »
If Aereo’s legal battles with the broadcasters were left up to Sundance Film Festival attendees, the streaming service would win in a landslide. “We’ve been sued by 17 media companies,” said Aereo CEO Chet Kanojia today on a Sundance panel on the subject of on creativity and change. The words were barely out of Kanojia’s mouth before the packed room broke out in cheers and applause. “You just won the Oscar, my friend!” bellowed moderator and former MySpace president Jason Hirschhorn as the more than 150 people in the Filmmaker’s Lounge continued clapping. “I don’t mean that as a trophy but as a fact,” the clearly surprised Kanojia added.
Related: Fleming Forecast On Sundance 2014
Just over a week after the Supreme Court decided to hear the industry’s claim that Aereo infringes on broadcasters’ copyrights, the CEO was joined on the panel by actor-director Joseph Gordon-Levitt, Twitter’s head of music Bob Moczydlowsky, and Atavist co-founder/editor Evan Ratliff. “We’ve always said HITRECORD is a production company not a platform,” Gordon-Levitt said of his collaborative hub website. “One thing about HITRECORD is that every time we do it, it’s different.” HITRECORD ON TV is set to debut tomorrow with back-to-back episodes on the Participant Media-owned cable channel Pivot. Six more episodes are to follow. For Kanojia, platforms were the key. “Given where the Internet is today, there is an opportunity to create new platforms for creators,” he said.
Related: Aereo To Launch Next Week In Cincinnati Read More »
Aereo‘s new market announcements have served two purposes thus far. They’ve told consumers when they’ll be able to subscribe to the streaming video service. And they’ve put local lawyers and judges on notice that broadcasters might swoop in to raise their … Read More »
That’s still a big question for broadcast TV investors today following the U.S. Supreme Court’s decision on Friday to hear the industry’s claim that Aereo infringes on their copyrights with it streams their over-the-air programming without permission. Most broadcast company stocks including Sinclair, Gannett, and Gray Television are down today, slightly more than the overall market. But Wall Street analysts — who typically like to encourage people to buy stocks — mostly urge investors to relax. The most prevalent concern is that broadcasters, if they lose at the Supreme Court, might make good on their threats to only offer their hit shows on pay TV. That could sting as they “lose reach, ratings from broadcast-only homes, and reverse network [compensation]” from affiliates, says Janney Capital’s Tony Wible. Pivotal Research’s Brian Wieser also fears that if broadcasters scale back their over-the-air shows then “the political ill-will that would follow… would be a major negative.” And political leverage is broadcasters’ ace in the hole. If they lose at the Supreme Court then “we expect they would pursue legislation and involve Congress” to change the law against Aereo, Credit Suisse’s Michael Senno says. The industry has one of the most powerful lobby groups in Washington. Even if lawmakers are unmoved, he says not to worry: Aereo doesn’t have a compelling service, he says, and cable or satellite companies that might want to create a copycat service to avoid paying retransmission consent fees face “a number of hurdles” before they could “leverage this technology, if ever.” Wells Fargo’s Marci Ryvicker also tells investors to chill. Read More »
UPDATED WITH REACTIONS: The broadcasters and Aereo are getting their day in the top court in the land after all. The Supreme Court agreed today to hear arguments on the petition that ABC, CBS, Fox, NBC and several other broadcasters submitted on October 11. “The petition for a writ of certiorari is granted. Justice Alito took no part in the consideration or decision of this petition,” said the Court in its order today. No word yet on when SCOTUS will hear oral arguments in the case — with the Court’s already full schedule, at this point it could only come during the two weeks they hear arguments in April or next term. “We look forward to presenting our case to the Supreme Court and we have every confidence that the Court will validate and preserve a consumer’s right to access local over-the-air television with an individual antenna, make a personal recording with a DVR, and watch that recording on a device of their choice,” Aereo CEO Chet Kanojia said after the order was revealed. The petitioning broadcasters also responded. “We are pleased the Court has agreed to hear this important case. We are confident the Court will recognize that this has never been about stifling new video distribution technologies, but has always been about stopping a copyright violator who redistributes television programming without permission or compensation,” said Fox, Univision and PBS in a joint statement. Added CBS: “We believe that Aereo’s business model, and similar offerings that operate on the same principle, are built on stealing the creative content of others. We are pleased that our case will be heard and we look forward to having our day in court.” Said ABC and NBC together: “We are gratified that the Supreme Court has granted our petition to review issues that both sides recognize as significant, and we look forward to making our case to the Court.”
Aereo CEO: Fight With Broadcasters About Pay TV Bundle Not Retrans
Aereo Raises $34M In New Funding Read More »