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Are Intellectual Property deals reshaping the Entertainment Industry and where does India stand in this IP race?

Are Intellectual Property deals reshaping the Entertainment Industry and where does India stand in this IP race?
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IP Wave 07 11
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The entertainment industry is undergoing a transformative shift, driven by Hollywood's increasing appetite for intellectual property (IP). This IP craze is reshaping the landscape with unprecedented demand, intense bidding wars, and skyrocketing prices. Notably, the emphasis is shifting from traditional film adaptations to TV-centric content.

Source: Global Entertainment & Media Outlook 2023–2027: India perspective

Traditional players are evolving as newcomers, including streaming giants and celebrity-driven production companies, actively acquire rights to diverse content types. This has revolutionized the financial dynamics, with six-figure options becoming common, pressuring traditional studios to adapt.

The COVID-19 pandemic accelerated extravagant spending and bundling IP with top-tier writers and actors, while the demand for IP remains insatiable. Amazon's $8.5 billion acquisition of MGM in 2022 underscored intense competition in the streaming industry for exclusive content.

Amazon's MGM acquisition is part of a broader trend of media consolidation, with both traditional media companies and tech giants vying for streaming dominance. Investing in content and valuable IP is critical in this evolving landscape.

IP and expanding production are key factors in these acquisitions. Content is the driving force behind streaming platform success, as ownership of popular content libraries boosts subscriber counts. Podcasts are becoming a significant source of IP for television adaptation, with over a hundred in various stages of development.

The entertainment industry is experiencing a profound transformation driven by Hollywood's growing appetite for intellectual property (IP). This IP frenzy is reshaping the industry landscape with unprecedented demand, intense bidding wars, and soaring prices. What's noteworthy is the shift from traditional film adaptations to a greater emphasis on TV-centric content.

Traditionally, Hollywood studios and literary-minded producers were the primary players in IP acquisitions, focusing on book-to-film adaptations. However, streaming giants, celebrity-driven production companies, and independent studios have emerged as leaders in this IP race. They are actively acquiring rights to diverse content, ranging from books and comics to podcasts and articles, redefining the industry's dynamics.

The financial dynamics have evolved significantly. In the past, strong TV rights deals might involve a $10,000 option against $100,000, but today, securing six-figure options and even more is not uncommon. Traditional studios are under pressure to compete with these substantial price tags and must adapt to remain competitive.

During the early days of the COVID-19 pandemic, the industry witnessed extravagant spending and bundling IP with top-tier writers and actors. The demand for IP persists, and determined bidders see opportunities to assemble a robust portfolio of projects to execute once the strikes conclude.

Prominent players like A24 and LuckyChap have secured the rights to various high-value properties. The types of IP that capture the industry's imagination are diverse, including ripped-from-the-headlines stories and those with substantial commercial appeal. A skilled writer's perspective is equally crucial, as the most compelling story can lose its essence without a talented writer's guidance.

Amazon's acquisition of MGM in 2022 for nearly $8.5 billion underscores the intense competition within the global streaming industry. MGM's extensive library, featuring around 4,000 film titles and 17,000 hours of TV programming, includes classics like "Gone with the Wind" and modern hits like "The Handmaid's Tale." This acquisition represents a strategic investment in MGM's intellectual property.

Amazon's acquisition of MGM is emblematic of the broader trend of media consolidation as both traditional media companies and tech giants seek to solidify their positions in the streaming wars. Success hinges on securing valuable IP ownership and aligning with distribution-savvy studios.

The entertainment industry has undergone a profound transformation over the past 15 years, primarily driven by the rise of streaming services. This shift, initially gradual, was accelerated by the COVID-19 pandemic, prompting industry leaders like Disney, ViacomCBS, and WarnerMedia to enter the streaming arena. Streaming-centric companies like Netflix and Amazon have become Hollywood's new giants, emphasising the importance of owning premium content and intellectual property (IP) for success.

Mergers and acquisitions (M&A) have been a common trend, with major players like Amazon, Lionsgate, Sony, and WarnerMedia involved in consolidation activities. This can be categorised into two scenarios: reinforcing existing content libraries and new entrants from different industries venturing into the premium content market.

Podcasting has become a significant source of intellectual property for Hollywood, with successful podcasts like "Homecoming" and "Dirty John" inspiring TV adaptations. Over a hundred podcasts are in various stages of development for television adaptation.

Podcasting can be classified into daily or weekly interview and chat shows and limited-run narrative-driven shows, with the latter attracting more attention from Hollywood. Podcast companies are exploring various revenue streams, including television and film option fees, beyond traditional advertising and distribution partnerships. They consider the derivative potential for TV or film adaptation when creating new content.

Spotify, for example, is leveraging its output deals to facilitate project development. Podcasts with cinematic potential have become an integral part of podcast production companies' business strategies. The rise of streaming platforms like Amazon, Audible, Netflix, HBO Max, and Peacock has fueled the trend of adapting podcasts for TV.

The industry is exploring opportunities in scripted audio, scripted comedy, and other genres. Podcasting has evolved, and companies are actively seeking standout, movie-style hits that can be marketed like feature films. The accessibility of podcasts during activities like commuting makes them an attractive source of intellectual property for TV and film adaptation.

In conclusion, the entertainment industry is undergoing a significant transformation, with the demand for intellectual property (IP) and content driving intense competition and financial shifts. Streaming giants, celebrity-driven production companies, and independent studios are redefining the industry landscape, while traditional players must adapt to remain competitive.

The acquisition of MGM by Amazon in 2022 exemplifies the broader trend of media consolidation as companies seek to secure valuable IP and content. The industry is evolving, and the rise of streaming services and podcast adaptations for television are shaping its future. Hollywood's success now hinges on owning premium content and valuable IP rights.

The Hollywood entertainment industry currently focuses on acquiring intellectual property rights, and India has a unique opportunity to recognise and harness this trend. With India's production of compelling content, there is a significant potential to export these stories to a broader global audience. This can substantially contribute to the nation's economic growth and enrich the world's cultural tapestry. India can play a crucial role in shaping the future of intellectual property, extending its relevance beyond the United States and becoming a crucial consideration for both India and the global entertainment industry. 

The Over-The-Top (OTT) market is predicted to grow at an exponential rate, with a projected Compound Annual Growth Rate (CAGR) of 15.80% from 2022 to 2030. The Indian OTT market is growing at a much faster pace with a CAGR of 14.32% from 2023-2027, compared to the global growth rate of 8.4% for the OTT segment. Currently, the OTT market in India stands at ₹10,500 crore, including subscription revenues, expected to reach ₹12,000 crore by FY 2024 and ₹30,000 crore in FY 2030.

Several factors underline the importance of India's engagement in this phenomenon. For one, the global market shows a mounting demand for intellectual property, offering Indian content creators the opportunity to create stories with international resonance. Furthermore, adapting Indian literature, folklore, and historical events into intellectual property can introduce worldwide audiences to the diverse tapestry of Indian culture and its rich storytelling traditions. India's burgeoning film and television industry, gaining global recognition, presents opportunities for cross-border collaborations and co-productions, allowing Indian creators to share their narratives with a vast global audience. The sale of intellectual property rights not only holds substantial economic potential for Indian content creators but also paves the way for increased tourism and cultural exchange. In an era of burgeoning global entertainment, there is a rising appetite for narratives that break away from Western-centric storytelling, creating a prime moment for Indian creators to showcase the country's unique and vibrant tales. 

Switching to a different aspect, the issue of public performance licenses not being accorded due seriousness in India can be attributed to several intertwined factors. Firstly, there is a significant lack of awareness among individuals and businesses in India regarding the legal prerequisites and obligations linked to public performance licenses. Additionally, India's complex and uncoordinated licensing system, involving multiple bodies such as the Indian Performing Right Society (IPRS) and Phonographic Performance Limited (PPL), can engender confusion and inefficiencies in the licensing process, thus discouraging compliance. The inconsistent enforcement of public performance licensing laws in India exacerbates the issue, fostering a perception that non-compliance often goes unpunished and undermining the perceived importance of these licenses. 

Moreover, traditional practices and cultural norms, especially at small, local events or gatherings, may not align with formal licensing requirements. This leads to a belief that obtaining licenses for public performances is unnecessary. The associated costs and administrative burdens linked to obtaining public performance licenses can also discourage compliance, particularly among small businesses and local event organisers. Licensing fees, paperwork, and administrative requirements are often perceived as cumbersome. The prevalence of piracy and unlicensed performances, particularly in the music and entertainment industry, further fuels the perception that adherence to licensing requirements is not a priority. Even when licenses are acquired, the enforcement of these licenses can be challenging due to a lack of resources and mechanisms for monitoring and ensuring compliance. 

The protracted legal processes in India can further deter compliance, as resolving licensing disputes can be time-consuming and cumbersome. Additionally, political and regulatory influences can sometimes interfere with the enforcement of licensing laws, leading to a perception that compliance is not a priority. To address these challenges and enhance the seriousness with which public performance licenses are regarded in India, a multifaceted approach may be required. This approach should encompass regulatory reforms, comprehensive educational campaigns, and the establishment of more efficient licensing systems.

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Written by Shivani


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