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Streaming
All Eyes on Streaming: Media Buyers Seek New Advertising Opportunities
According to Nielsen, cable and satellite providers are no longer the most popular platforms for TV audiences, which means that the traditional power dynamic has shifted in streaming’s favor. Linear TV is becoming a thing of the past, so advertisers are focusing on how they can successfully shift content onto these platforms to reach desired audiences. Audiences who’ve grown up with streaming services continue to gain purchasing power, and they are known for having exceedingly high standards when it comes to branding. Streaming advertising may be the solution, as these new capabilities give brands fresh opportunities to engage consumers they have not been able to reach before in a targeted and personalized manner. For many, streaming offers more than simply convenience; it has become a foundation for community building. Online communities have been able to engage with niche interests and connect with like-minded communities, thanks to the likes of Netflix and HBOMax. These online communities often share the same values and can now help brands better identify their target audiences and those who might be interested in learning about their products. Rather than advertisers simply taking a chance or sticking to the status quo, media buyers can now invest in new opportunities with confidence. Personalization and authenticity are two values held close to the hearts of younger audiences. Streaming capabilities will help meld the goals of advertisers, allowing them to reach a wide audience while still delivering authenticity—which means more value in every media dollar spent.
Awards
A New Trend Among Awards: Spirit Awards Becomes Next Gender-Neutral Ceremony
The Film Independent Spirit Awards set its 2023 date and are making some key changes to how it will be run. Several awards groups, including the Gotham Awards, the British Independent Film Awards, the Grammys, and the MTV Movie & TV Awards, have recently made the decision to remove genders from acting categories, and the Spirit Awards are on board with the idea. According to Film Independent President Josh Welsh, “We’re thrilled to join the other festivals and award shows that are already moving to celebrate great acting without reference to gender.” This adjustment welcomes non-binary actors to these ceremonies without forcing them to identify as either male or female for award consideration. The Spirit Award categories, including Lead Performance and Supporting Performance in both TV and film, will now be combined, and each category will allow 10 nominations. A third category—Best Breakthrough Performance—will also be added for both film and TV, though nominations will be limited to five. For its 23rd edition, the ceremony is also raising the eligible film budget cap to $30 million due to rising production costs across the industry. This cap has been raised slightly over the last few years to accommodate industry changes, but this year marks a large jump, possibly to diversify the categories to include other popular award contenders. A ceremony date is set for Saturday, March 4, which falls in the middle of Academy Award voting (meaning an award win could impact the opinions of Oscar voters).
Film
Case Closed: Filming on Government Property Is Not Protected Under First Amendment
While a finished film is protected by the First Amendment as a form of expressive speech, the U.S. Court of Appeals for the District of Columbia has decided that filming on government property is not free to filmmakers. This legal discussion began when Gordy Price shot his independent film, Crawford Road, on National Park land in 2018. Price did not obtain a permit and pay a fee before filming, which resulted in a misdemeanor that carried a sentence of up to six months in prison and a fine. The citation was ultimately dropped, but with the help of First Amendment specialist Robert Corn-Revere, Price sued the U.S. General Attorney and National Park Service officials in 2019, questioning the constitutionality of the presumed offense. A January 2021 ruling sided with filmmakers, finding the scheme unconstitutional, and an injunction was issued that barred the permit and fee requirements. This ruling made it so the permit was required for commercial filmmaking only. U.S. District Judge Colleen Kollar-Kotelly wrote that “the creation of a film must also fall within the ambit of the First Amendment’s protection of freedom of expression. To find otherwise, would artificially disconnect an integral piece of the expressive process of filmmaking.” But just this week, the decision was revered by the D.C. Circuit. A new judge decided that filming on government property should be held to a “reasonableness” standard. Therefore, if the permit requirements are found reasonable in the context of what is being filmed, they should be applied. Additionally, Senior Circuit Judge Douglas H. Ginsburg believes this special protection is for “communicative” activities, like that of assembly or the exchange of ideas. Senior Circuit Judge David S. Tatel responded to his colleague with a scathing dissent and agreed with the previous ruling. In a two-to-one decision, the ruling was reversed, and if Price continues his fight for filmmaking to be protected under free speech, the next step would be to petition the Supreme Court.
International
Warnings for Safe Casting: U.K. Performers’ Union Fights Inappropriate Behavior in TV
Equity, a British performing arts and entertainment trade union, has just released its latest “statement of commitment.” This commitment is already backed by 21 major associations, both local and global, including BBC, ITV, Channel 4, Sky, HBO, and Warner Bros. This update of their commitment is part of the union's effort to “move towards a culture in which everyone working in the TV industry feels able to call out unacceptable behaviour, and that nobody is above being challenged: no one is untouchable.” Equity President Lynda Rooke has shared her support for this decision but also believes that personal responsibility is required for change to happen, and that it is up to all industry professionals to recognize and report any inappropriate behavior they see. With this new commitment, the scope of nudity and sexual scenes required in a project will be provided to actors and followed by an open discussion before any agreements are made. In addition, any scenes that are intimate in nature will utilize an intimacy coordinator (upon agreement from the actors). With these proper warnings, safe casting and audition spaces will be created by the union to address harassment concerns and make sure that everyone has a clear respect for work policies. These safe spaces will also give everyone the proper avenues to file complaints by prominently providing contact information for staff members trained to handle these situations. Upon lending their support to this initiative, ITV’s Chief People Officer, David Osborn, said it was “crucial that all contributors to our industry work together to combat bullying and inappropriate behaviour.”
Incentives
Czech Producers Speak Up: Country’s Incentives Are Back With a Reduced Plan
After several international producers spoke about the lack of film shoots in the Czech Republic, the country has passed a law to bring back an incentive program—one that will remain reduced until a new law that fully restores the program to its original state is passed. During this summer, the country’s incentives were depleted, leading Vratislav Slajer (the head of the country’s producers’ association) to remark that the Czech industry was vulnerable. At this year's Karylovy Vary International Film Festival, a big topic of discussion was the lack of foreign shoots and the years of progress the Czech Republic had lost. Lacking any significant incentives options, productions often sought out other international locations instead, costing the Czech Republic millions in lost revenue. The new-but-reduced incentive program is being called a “stop-gap” measure, giving productions a 20% cash rebate. This incentive lags neighboring countries like Hungary and Poland, who offer a large 30% rebate. The Czech rebate also lags Slovakia and Germany, who each have a 25% rate in place. The law caps the fund at $6 million per project, which the Czech Film commissioner believes “is going against the pure sense of production incentives, which is to attract inward investment.” Details of the new measure have not been revealed, but it is likely to take effect in 2024. The Czech Republic halted its incentive program in 2020 to make up for the country’s spending crisis, as funds were needed to help small business hit by the Covid-19 pandemic. Additional funds were also allocated to help refugees from Ukraine.
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