Call & Times

Hollywood, Apple considerin­g new digital film rental plan

- By ANOUSHA SAKOUI

Movie studios are considerin­g whether to ignore the objections of cinema chains and forge ahead with a plan to offer digital rentals of films mere weeks after they appear in theaters, according to people familiar with the matter.

Some of the biggest proponents, including Warner Bros. and Universal Pictures, are pressing on in talks with Apple and Comcast on ways to push ahead with the project even without theater chains, the people said. After months of negotiatio­ns, the two sides have been unable to arrive at a mutually beneficial way to create a $30 to $50 premium movie-download product.

The leading Hollywood studios, except for Walt Disney Co., are eager to introduce a new product to make up for declining sales of DVDs and other home entertainm­ent in the age of Netflix. They have discussed sharing a split of the revenue from premium video on demand, or PVOD, with the cinema chains if they give their blessing to the concept. But the exhibitors have sought a long-term commitment of as much as 10 years for that revenue split, which the studios have rejected, the people said.

Deals with potential distributo­rs such as Apple and Comcast could be reached as soon as early next year to sell digital downloads of major films as soon as two weeks after they debut in theaters, the people said.

Those pacts would give the studios a way to issue an ultimatum to the theater chains: Agree to a deal, or we'll start selling the movie downloads anyway. The movie houses could fight back by boycotting films slated for sale via download days after their theatrical debut.

Some studio executives are taking a less aggressive stance and don't want to fight against exhibitors who still wield enormous power in the industry. The studios and movie chains have to negotiate independen­tly because of antitrust rules.

The escalating tensions are likely to fuel investor worries about the movie industry as more viewers find reasons to stay home. The shares of leading circuits such as AMC Entertainm­ent Holdings Inc. have been buf- feted all year by the uncertaint­y around the talks as well as a more than 12 percent decline in the summer box office. In the year to date through Aug. 13, the North American box office is down 4.1 percent, according to ComScore Inc.

The theatrical window of exclusivit­y over new movies has long been sacrosanct, in part because Hollywood's biggest directors and actors value the big screen over television. But the industry has allowed the exclusivit­y period before DVD sales to shrink to about three months after a movie's opening weekend, compared with six months historical­ly.

Disney's recent move to create its own streaming service for some of its films, another nod to the growing demand for home viewing of movies, has also added pressure on the exhibitors to reach a deal with studios, the people said. Movie distributo­rs argue that selling movie downloads sooner would let them capitalize on the hype generated by opening weekends in theaters.

The cinema chains have downplayed the severity of the threat even as shares have plummeted this year. AMC Chief Executive Officer Adam Aron spent "days and days devoted to meeting with investors" in midMay, he told analysts earlier this month on an earnings call with investors. They were focused on "PVOD, PVOD, PVOD," Aron said. The uncertaint­y he said was "driving investors bonkers."

So Aron held one-on one, "emergency meetings" with studio CEOs on the topic over the past two months and concluded there was no consensus and no deal was likely in the U.S. in 2017.

In a call with analysts last month, Regal Entertainm­ent Group CEO Amy Miles read aloud from the New York Times an article that claimed the need for PVOD was urgent because of the decline in DVD sales. The article was from 2010, she revealed. "Here we sit today, seven years later, still discussing the urgency of premium VOD," Miles said. "There is not a consensus amongst the studio partners with respect to what any kind of long-term windowing structure should be."

Yet the talks continue.

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