The Business of Television: Updated and Expanded

Cover
Endorsements
Praise for the First Edition
Half Title
Title
Copyright
Contents
Disclaimer
How to Use This Book
Preamble
Introduction
1 A Beginner’s Guide to the Television Industry
	A What Is Television?
		i Defining (and Re-Defining) “Television”
		ii What Makes Television Television?
	B Who Are the Players (and How Do They Interact)?
		i Service Providers (Talent)
		ii Studios
		iii Networks
			a Life Cycle of a Network
			b Network Business Models
			c Traditional Networks and the Digital Revolution
		iv Broadcast Stations
		v MVPDs
		vi Advertisers
			a Traditional Advertising
			b Product Integrations
		vii Talent Representatives
			a Agents
			b Managers
			c Lawyers
2 Streaming: The End, Present, and Future of Television
	A Streaming Alphabet Soup
		i SVOD
		ii AVOD
		iii TVOD
		iv FVOD
		v PVOD
		vi VOD
		vii FAST
		viii SST
		ix vMVPDs
		x Standalone vs. Companion Rights
	B The Evolution of Streaming Networks (2007–2024)
		i Ad-Free Experience (“Direct Pay” Only)
		ii “Premium” (a/k/a “Expensive”) Programming
		iii Binge Viewing
		iv Radical Data Untransparency
		v Generous Series Renewals
		vi Content Exclusivity
		vii Perpetual Content Availability
		viii Rejection of Theatrical Exhibition
3 How Television is Developed, Produced, and Distributed (and How Streaming Broke Television Distribution)
	A From Idea to Production
		i Packaging and Studio Rights Acquisition
		ii Pitching and Set-Up
		iii Script Development
		iv Pilot
		v Upfronts
		vi Staffing and Writing
	B Production
		i Series Production (Generally)
		ii Production of Subsequent Seasons
		iii Tax Incentives and Production Planning
	C Distribution
		i The Classical Model of Television Distribution
			a Media
			b Territory
			c Time
			d Allied and Ancillary Rights (Music/Derivatives/Merchandising)
			e Portfolio Management and Diversification
		ii How Streaming Originals Upended the Classical Model of Television Distribution
4 The Intellectual Property Context of Television (or, When Do You Need to Acquire Underlying Rights?)
	A Copyrights
		i Copyrightability
			a Formalities
			b Creativity
			c Ideas vs. Expression
			d Scenes a Faire Doctrine
			e Facts
			f Characters
		ii Copyright Term and Termination
		iii Infringement: Access, Copying, and Substantial Similarity
	B Trademarks
	C Life Rights
		i Defamation and Related Claims
		ii Public Disclosure of Private Facts
		iii Right of Publicity
	D The First Amendment
		i Copyright Claims
		ii Trademark Claims
		iii Life Rights Claims
			a Defamation and Related Claims
			b Public Disclosure of Private Facts
			c Right of Publicity
	E Practical Considerations
5 Underlying Rights Deals
	A Rights Agreements for Books and Articles
		i Option Fees and Terms
		ii Purchase Price
		iii Royalties
		iv Backend
		v Bonuses
		vi Granted Rights
		vii Reserved and Frozen Rights
		viii Consulting or Producing Services
		ix Credit
		x Subsequent Productions
		xi Reversion
	B Other Forms of Preexisting Copyrighted Material
	C Life Rights Agreements
	D Format Rights Agreements
	E Quick Reference Guide
6 Writing and Non-Writing Producing Deals
	A Creator/Writer-Producer Agreements
		i Writing and Spec Acquisition
		ii Optional Additional Development Steps
		iii Producing Fees
		iv Years/Locks
		v Services and Exclusivity
		vi Position/Priority and Preexisting Commitments
		vii Consulting
		viii Royalties
		ix Bonuses
		x Backend
		xi Episodic Scriptwriting
		xii Credit
		xiii Perks
		xiv Subsequent Productions
		xv Bona Fide Teams vs. Arranged Marriages
		xvi Quick Reference Guide
	B Staffing Writer Agreements
		i Fees
		ii Credit
		iii Guarantees
		iv Options and Exclusivity
		v Episodic Scripts
		vi Mini-Rooms
		vii Quick Reference Guide
	C Supervising/Showrunning EP Agreements
		i Supervision (and Writing/Co-Writing) Fees
		ii Position/Priority
		iii Credit-Based Entitlements
		iv Royalties
		v Bonuses
		vi Backend
		vii Credit
		viii Later-Attached Showrunners
		ix Quick Reference Guide
	D Non-Writing Executive Producer Agreements
		i Development Fees
		ii Producing Fees
		iii Locks
		iv Services and Exclusivity
		v Royalties
		vi Bonuses
		vii Consulting
		viii Backend
		ix Credit
		x Perks
		xi Subsequent Productions
		xii Quick Reference Guide
	E Streamlined Schedule of WGA Minimums
7 Directing and Production Management Deals
	A Pilot Director Agreements
		i Services
		ii Directing Fees
		iii Executive Producing
		iv Episodic Directing
		v Royalties
		vi Bonuses
		vii Backend
		viii Credit
		ix Perks
		x Subsequent Productions
		xi Quick Reference Guide
	B Producing Director Agreements
		i Producing and Directing Fees
		ii Options/Locks
		iii Backend
		iv Credit
		v Quick Reference Guide
	C Episodic Director Agreements
		i Fees and Services
		ii Pilot/Feature Outs
		iii Quick Reference Guide
	D Line Producer Agreements
		i Fees and Services
		ii Options/Locks
		iii Credit
		iv Perks and Reimbursements
		v UPM Allocations
		vi Quick Reference Guide
	E Streamlined Schedule of DGA Minimums
8 Acting and Casting Deals
	A Series Regular Agreements
		i Test Options
		ii Pilot Services
		iii Pilot and Series Fees
		iv Series Services
		v Series Options
		vi Series Guarantees
		vii Backend
		viii Awards Bonuses
		ix Credit/Billing
		x Dressing Room
		xi Photo/Likeness/Biography Approvals
		xii Merchandising Rights
		xiii Other Approvals/Consultations
		xiv Travel/Relocation
		xv Publicity/Promotion
		xvi Exclusivity
		xvii Morals Clauses
		xviii Quick Reference Guide
	B Guest Star Agreements
		i Fees and Breakage
		ii Guarantees and Schedule
		iii Exclusivity
		iv Options
		v Credit
		vi Perks, Travel, and Approvals
		vii Quick Reference Guide
	C Casting Director Agreements
		i Fees and Services
		ii Bonuses
		iii Series Options
		iv Casting Associate/Assistant
		v Credit
		vi Office and Expenses
		vii Quick Reference Guide
	D Streamlined Schedule of SAG-AFTRA Minimums and Money Breaks
9 Backend
	A An Incomplete Recent History of Television Backend (1990–2024)
	B Traditional Television Backend (Modified Adjusted Gross Receipts)
		i Gross Receipts
			a Accountable Third-Party Revenue
			b Imputed License Fees
		ii Distribution Fees
		iii Distribution Expenses
		iv Overhead
		v Interest
		vi Cost of Production
		vii Third-Party Participations
		viii Treatment of Tax Incentives
		ix Quick Reference Guide
	C Alternative/Streaming Backend
		i To MAGR or Not to MAGR?
		ii On-Platform Streaming Exhibition
		iii Success Bonuses/Enhancements
		iv Off-Platform Streaming Exhibition
		v Other Off-Platform Exploitation (Linear, Ancillary, Etc.)
		vi Deductions
		vii Quick Reference Guide
10 Overall and First Look Deals
	A Overall Term Deals
		i Term
		ii Guarantee
			a Financial Guarantee
			b Recoupability
			c Cross-Collateralization
		iii Overhead
		iv Assignability
		v Inside Terms
		vi Suspension, Extension, and Termination (Death, Disability, and Force Majeure)
	B First Look Deals
	C Quick Reference Guide
11 Network and Streaming Licenses and Studio Co-Production Deals
	A Network and Streaming License Agreements
		i Development Contributions and Production Commitments
		ii Pilot and Series Options
		iii Series Term
		iv Pilot and Series License Fees
			a Deficit vs. Cost-Plus Models
			b Budgets
			c Initial License Fees
			d Payment Schedule
			e Breakage
			f Later Season License Fees
			g Success Bonuses
		v Minimum Orders
		vi Licensed Rights (Grant of Rights)
			a Broadcast/Linear Agreements: Linear Network Exhibition and Runs
			b Broadcast/Linear Agreements: Companion Digital Rights
			c Licensed Rights for Streaming Originals
		vii License Territory and Term
		viii Reserved Rights and Holdbacks (Network Exclusivity)
		ix Revenue Backstops
		x Subsequent Seasons and Derivative Productions
		xi Network Approvals
		xii Network Promotional Rights
		xiii Product Integrations
		xiv Contingent Compensation
		xv Quick Reference Guide
	B Studio Co-Production Agreements
		i Co-Production Splits
		ii Lead Studio
		iii Distribution Rights
		iv Revenue Waterfall
			a Gross Receipts
			b Distribution Fees
			c Distribution Expenses
			d Production Cost/Deficit Recoupment
			e Unapproved Overages
			f Lead Studio Overhead
			g Third-Party Participations
			h Studio Net Proceeds
		v Quick Reference Guide
	C International Co-Productions and Co-Commissions
12 Unscripted Television
	A Basics of Unscripted Television
	B Professional Talent Agreements
		i Fees
		ii Exclusivity
		iii Options
		iv Product Integrations
		v Quick Reference Guide
	C Participant Agreements for Documentary and Competition Series
		i Fees
		ii Releases
		iii Exclusivity
		iv Options
		v Reverse Royalties
		vi Confidentiality and Publicity
		vii Quick Reference Guide
	D Production Company Agreements
		i Production Company Fees
		ii Format and Other Rights Fees
		iii Locks
		iv Overages and Underages
		v Chargebacks
		vi Product Integrations
		vii Backend
		viii Reserved Rights
		ix Quick Reference Guide
	E Producer Collaboration Agreements
		i Collaboration Term and Tail
		ii Fee/Backend Splits
		iii Reserved Rights
		iv Other Commonly Negotiated Terms
		v Quick Reference Guide
13 On Negotiation
	A Why Is This Chapter Different from All Other Chapters?
	B But First, an Academic Framework
	C A Philosophy of Negotiation in Eight Adages
		i Negotiate, Don’t Haggle
		ii Every Negotiation Has Three “Teams”
		iii Every Negotiation Is Three Negotiations
		iv Pay People in the Currency That Is Most Valuable to Them (and Least Valuable to You)
		v Don’t Get Nasty; There Will Be Plenty of Time for That Later
		vi There’s No Such Thing as “Winning the Deal”
		vii Play the Long Game
		viii The Best Way to Negotiate Is as Yourself
	D. Final Thoughts
Conclusion
	A Past-Its-Peak TV
	B Peak TV Merger Scorecard and Future Consolidation
	C Realigning Incentives
	D The Old Ways Will Save Us
		i Advertising
		ii Windowing
		iii Bundling
		iv Letting Television Be Television
			a Classic TV Genres
			b More and Longer Seasons
			c Rational Budgets
		v Meaningful Backend
		vi Prioritizing Experience and Investing in Professional Development
		vii Pilots
		viii The Social and Cultural Experience of Television
	E What About Regulation?
	F Deals of the Future
		i Narrowly Tailored Rights
		ii Revenue Sharing
		iii Success-Based Compensation
		iv The New Best Deal in Town
	G Who Stands to Win?
	H Final Thoughts
Glossary
Bibliography/Case Listing
	Articles
	Reports
	Books
	Cases
Acknowledgments
Index