THE TELEVISION INDUSTRY.pdf

THE TELEVISION INDUSTRY 90% of US homes have a television Many homes consume 8+ hours a day of television Internet penetration has changed the landscape for entertainment and the television some legal issues are the same across platforms can AI create a hit? GETTIN...

THE TELEVISION INDUSTRY 90% of US homes have a television Many homes consume 8+ hours a day of television Internet penetration has changed the landscape for entertainment and the television some legal issues are the same across platforms can AI create a hit? GETTING A TELEVISION SHOW PRODUCED ○ The Pitch: just like in a movie situation; find a production company willing to talk and sell the sizzle ○ Passion, believable, tells a universal story; OR cheap to produce (HGTV, reality shows, game shows) ○ Television seasons ○ Labor Day is the typical start of a year of television; mid-season replacements typically in the spring ○ Streaming services have disrupted that: binge watching/full season drops; edgier stories than broadcast television; bigger budgets, bigger stars, bigger stories ○ What was the last scripted major network broadcast television show did you watch? Regularly? ○ Television scheduling ○ Major networks –typically a mix of many genres ○ Specialty networks (ESPN, Lifetime, Hallmark (yuck)) focus on specific segments of the total audience ○ Genres are cyclical – westerns have been produced from the 1950s through the 2020s in some form; situation comedies, dramas, family shows, etc. Have rich histories on television SCRIPTED TELEVISION: ○ Pre-planned shows; fiction or on-fiction; comedies, dramas ○ A producer pitches a show idea to a production company ○ Production company may want a pilot ○ If the show is ordered, network television gets 22 shows in a season; cable or streaming outlets are usually shorter seasons – 10-12 ○ Five seasons (~110 shows) is typically enough for a show to reach syndication - the real money ○ I Love Lucy and Desilu are examples of syndication success ○ Streaming services upended the typical television and ushered in the concept of "binge" watching ○ Netflix and House of Cards, among many others "REALITY" TELEVISION: ○ Lifestyle shows, competitions ○ "true" views into the lives of celebrities or other people of interest ○ Audience "participation" - see Sanjaya and Stern  ○ Unlike scripted TV, full seasons must be ordered versus pilot episodes ○ Some shows are fully filmed and edited before being aired (Survivor, most of American Idol, or The Voice) ○ Shows with an audience participation aspect obviously can't be captured ○ Why is reality TV popular? ○ Cheap to produce – no writers, no professional actors, and the editing can create any narrative the producer wants to create; even large prizes are significantly cheaper than actors, union fees, writers, etc. ○ Potential legal issues: labor issues, union agreements; taxes from the show winner aspects (see Richard Hatch) ○ Non-disclosure agreements and story releases GAME SHOWS/TALK SHOWS/ NETWORK NEWS: ○ Jeopardy, Cash Cab, Card Sharks, The Price is Right – you get the drill ○ Some shows based on knowledge, some on random luck ○ The questions "answers" are not disputed; the production company makes the decision regarding which answer is "correct" ○ It is all in the contestant release – however, some actions are too egregious to be covered by a release: intentional injuries, or due to unsafe environs are unenforceable because of public policy ○ Donohue, Oprah, Judge Judy, Maury, Jerry Springer ○ So much drama, so many participant releases ○ Often participants get travel, lodging and a fee for appearing ○ Most releases state any problems would be settled in arbitration versus a court hearing; but see contracts of adhesion and the popular public policy arguments above ○ News shows are winners for local affiliates and networks ○ Potential liability for privacy and trespass TELEVISION PRODUCERS vs FILM PRODUCERS vs NEWS PRODUCERS: ○ Movie producers: setting up your film production as an LLC, budget/financing/taxes (payroll and sales), intellectual property rights (scripts, derivative works, synch licenses), labor issues (child labor law, union vs non-union employees, cast, crew indemninty/ protection), INSURANCE (injuries in set, stolen property, intellectual property claims, use a specialty entertainment insurance agent) ○ Television producers: same as for movie producers, in essence you are creating movies for television; reality television has extra liability ○ News producers: behind the scenes, newscast order (possibly news director at a smaller outlet), communication with reporters, monitoring news sources for breaking content, defamation (republication!), invasion of privacy issues, potential intellectual property claims, campaign/election issues #1: Here’s a summary of the 10 legal challenges facing media and entertainment companies in 2023:. Generative AI Impact: AI's ability to create artistic content raises concerns about ownership, rights, and ethical issues like bias and homogenization. The U.S. Copyright Office is reconsidering its stance on AI-generated works.. Metaverse Opportunities: Despite market fluctuations, entertainment entities are exploring ways to capitalize on the Metaverse and Web3 for brand enhancement and revenue. Expect evolving strategies and fierce competition for long-term contracts.. Right of Publicity: New tech, such as NFTs and the Metaverse, complicates how public figures protect their identities. Rights holders need strategies to monitor and enforce their publicity rights.. IP Enforcement in New Technologies: Traditional IP enforcement methods are less effective in virtual environments. Brand owners should enhance IP protections and adapt to new infringement types in Metaverse, blockchain, and AR/VR spaces.. Deep Fakes: AI can create realistic deep fakes, leading to debates about the control over artistic alterations and the implications for creators' rights and compensation.. VPPA Challenges: The Video Privacy Protection Act (VPPA) is increasingly cited in class actions related to video ads and privacy, prompting companies to reassess their compliance.. Growth of Shorts: Platforms like TikTok, Instagram, and YouTube are expanding their short-form video content, creating new opportunities and risks for long-form content creators regarding brand and content protection.. AI in Music Creation: AI's role in generating music poses questions about its impact on human creativity and copyright laws. Music industry stakeholders should stay informed about AI-related developments and legal challenges.. Copyright in Online Games: As video game streaming grows, developers need to refine their copyright policies to address the use of game content on platforms like Twitch and YouTube while balancing publicity benefits with enforcement.. Facial Recognition: Entertainment venues are using facial recognition for security and access control, raising concerns about privacy and legal risks, including potential litigation and regulatory scrutiny. These challenges reflect the evolving landscape of media and entertainment law in response to technological advancements and changing consumer behaviors. #2: Here’s a summary of the key components of different types of producers and the distinction between a producer and an executive producer: Types of Producers. Documentary Producer ○ Role: Handles a wide range of tasks to complete a documentary, including fundraising, scripting, filming, editing, and promotion. ○ Challenges: Often works with limited budgets, requiring them to be highly resourceful and hands-on. Essential skills include problem-solving and creativity.. News Producer ○ Role: Manages and organizes newscasts, deciding the order of stories, coordinating with reporters, and handling breaking news. ○ Challenges: Requires the ability to work under extreme pressure, make quick decisions, and manage multiple tasks simultaneously. Stressful environment with tight deadlines.. Video Producer ○ Role: Oversees the production of various types of videos (e.g., training, promotional, educational). They may work independently, in-house, or as freelancers. ○ Challenges: Must be skilled in multiple production areas (shooting, editing, etc.) and manage projects from start to finish. Similar to a contractor in construction, they coordinate different aspects of production.. Television Producer  ○ Role: Creates and manages content for TV shows or networks, which can include reality shows, talk shows, or educational programs. ○ Challenges: Involves overseeing all elements of TV production, from hiring crew to maintaining quality and adhering to schedules and budgets.. Movie Producer ○ Role: Focuses on the financial and logistical aspects of making a film, including finding investors and managing the budget. In smaller productions, they may also be involved in creative aspects. ○ Challenges: Balances business responsibilities with creative needs, ensuring the film is completed on time and within budget. Producer vs. Executive Producer Producer: Typically involved in the day-to-day operations and creative aspects of a project. They handle tasks related to production, including managing the budget, coordinating with various teams, and ensuring the project’s progress. Executive Producer: Generally focuses on the big picture, including overseeing the overall project, managing high-level financial and business aspects, and networking. They are less involved in the daily operations and more in strategic planning and significant decision-making. In some cases, the title is also given to significant financial contributors as an honorarium. Overall, while a producer is more hands-on with the project’s execution, an executive producer typically handles broader, strategic concerns. #3: Summary of Key Components for Television Producers Role and Responsibilities: Broad Scope: Television producers handle various aspects of a show's production, including financial management, creative input, and administrative duties. Creative and Administrative Functions: Responsibilities include writing treatments, pilots, and loglines; creating character development; and designing the show bible. Pitching and Development: Producers pitch the show idea to networks using treatments, pilots, loglines, and show bibles. They work from concept through production, ensuring the show's viability and appeal. Types of Television Producers:. Showrunner: Manages all aspects of production, including overseeing the writing room and day- to-day operations.. Executive Producer: High-ranking producer focused on the business side, often a former show creator or head of a production company.. Co-Executive Producer: Similar to executive producers but involved more in the operational aspects and contributions to the writing room.. Supervising Producer: Assists in creative processes, supervises directors, and helps with screenplay rewrites.. Producer: Involved in production logistics and contributes to creative processes; often a former executive producer who still writes for the show.. Co-Producer: Contributes to creative discussions and revisions but may not write episodes.. Coordinating Producer: Manages multiple shows, organizing responsibilities and assigning tasks.. Consulting Producer: Provides expert advice on specific issues, often a former executive. producer or director.. Associate Producer: Handles various tasks as directed by other producers.. Assistant Producer: Supports reality shows by gathering stories and contributors.. Chase Producer: Finds and schedules guests for interviews.. Segment Producer: Writes segments for reality shows.. Line Producer: Manages hiring, compensation, and production logistics.. Field Producer: Coordinates field production, including location and cast relations for reality shows.. Edit Producer: Works with editors to coordinate the editing process and may assist in story development.. Post-Production Producer: Reviews and provides feedback on the final cut of the show. Skills Required: Management: Hiring and overseeing staff, ensuring effective teamwork. Communication: Conveying ideas and promoting the program effectively. Creativity: Crafting compelling stories and engaging content. Troubleshooting: Resolving production issues swiftly. Financial Management: Overseeing budgets and financial aspects. Business Acumen: Navigating the business side of television production. Salary: Average Salary: Approximately $67,000 per year, with variation depending on the studio. For example, producers at Discovery Channel earn around $82,000, while those at NBCUniversal Media, LLC earn about $105,000. Conclusion: Being a television producer involves a complex mix of creative, administrative, and financial tasks. The role is demanding but rewarding for those passionate about the industry, with opportunities for advancement and higher salaries at major studios. #4: The TV news production process involves several key stages to ensure that accurate and timely news reaches viewers.. Editorial Planning: Teams of journalists, producers, and editors identify and prioritize news stories based on factors like newsworthiness and audience interest.. Gathering Information: Reporters and journalists collect facts through interviews, field reporting, and visual elements.. Scripting and Editing: The gathered information is turned into concise, engaging scripts, with further refinement to ensure clarity and accuracy.. Studio Production: Anchors and reporters present the news from the studio, supported by a team managing cameras, lighting, and sound.. Live Reporting and Remote Broadcasts: For immediate coverage, journalists report live from locations using satellite trucks.. Post-Production and Finalization: Recorded news segments are edited, and visuals are added to ensure a polished final product.. Distribution and Broadcast: The finalized news is distributed through TV broadcasts, cable networks, and online platforms. In comparison to newspapers, TV news is faster, more visually engaging, and suited for real-time updates, while newspapers offer in-depth analysis and detailed reporting. Both media adapt to digital platforms and are trusted for their reliability and comprehensive coverage. #5: Reality television contestants often face challenges when suing production companies and networks due to the extensive contracts they sign. These contracts typically include broad clauses that limit the liability of networks and producers, making legal claims from contestants less successful. Courts generally uphold these contracts, arguing that they are only unconscionable if they were unfair at the time of signing, not based on subsequent regret. Since participation in reality TV is voluntary and offers potential fame and rewards, the courts find the contract terms justifiable. Overall, despite their complexity and the extensive waivers they contain, reality television contracts are deemed enforceable and not unconscionable. (Look at the article more??) (Law review article regarding unconscionable contracts in reality television - intense read Links to an external site.) #6: Producing unscripted reality TV shows can be surprisingly expensive due to various risks and costs. Here are five major concerns for producers:. Stunts: Reality TV often involves dangerous stunts, which can lead to injuries and lawsuits. Insurance premiums for these shows can be significantly higher compared to standard productions due to the increased risk.. Defamation and Privacy: Participants in reality shows can sue for defamation or invasion of privacy, even though they are often considered limited-purpose public figures. Legal issues can arise from negative portrayals or comments, whether they appear on-screen or are made during casting.. Discrimination and Retaliation: Shows involving competition or controversial content may lead to claims of discrimination or retaliation, particularly if participants feel unfairly treated or humiliated.. Emotional Distress: The emotional impact of reality TV scenarios can lead to legal action if participants experience severe distress. Examples include pranks or interventions that go too far, resulting in lawsuits for emotional harm.. Property Damage: Reality TV production can sometimes cause significant property damage, leading to legal disputes over costs and contract breaches, as seen with incidents involving damage to private homes. These factors contribute to the high costs and legal risks associated with producing reality TV shows #7: The rise of reality television has created a new category of celebrities, like Snooki and Kim Kardashian, whose fame often results from their participation in these shows. Producers and networks now seek a share of the stars' revenues, claiming they contributed to their fame. For example, Bethenny Frankel, who gained fame on "Real Housewives of New York City," faced claims from producers seeking a cut of her earnings from ventures like Skinnygirl Cocktails. Reality TV is cost-effective compared to scripted shows, costing between $100,000 and $500,000 per episode. However, this cost-saving approach often leads to minimal compensation for participants and can exploit their financial successes. For instance, contestants on shows like "The Bachelor" receive little or no pay, though leads can earn around $100,000. Producers also exert significant control over contestants, sometimes infringing on their freedom of speech. For instance, participants may be pressured to give specific responses or act in certain ways, and contracts often include clauses that permit producers to defame participants. This imbalance extends to legal protections, with recent lawsuits highlighting how courts typically favor producers' freedom of speech over the reputational interests of participants. Courts have generally leaned towards protecting the speech rights of producers, even if it harms participants, as seen in cases like Joe Teti's lawsuit against Mykel Hawkeye. Despite the potential for defamation, the legal system tends to uphold producers' rights to freedom of speech more strongly than those of participants. As reality television continues to grow, future legal battles will likely explore the balance between protecting freedom of speech and safeguarding participants' reputations. The evolving genre and its associated legal issues will be important to watch. #8: https://www.youtube.com/watch?v=td1KAgrYUGA Watch YOUTUBE: 1984 Romper Room Magic Mirror Clip