The Case for Physical Media in an Increasingly Online World

Many PlayStation users were greeted with this legal notice recently:

PlayStation, due to “licensing changes” is deleting 1200 titles, including those that were purchased by users already, and not offering refunds.

The concept of ownership these days is tenuous. In the before-times, it was pretty clear. If you owned a record, a CD, a DVD…. that’s yours for however long you want it. You could sell it at a yard sale. You could Frisbee it at a neighbor you don’t like. That’s yours for all purposes with certain exceptions for illegal copying or pretending you’re a theater chain and trying to profit off the film yourself.

But as our technology changed, so did the way we consumed our media. Movie rental places were replaced by streaming services. Music aficionados actually pay for Spotify. You no longer have to go to a physical store and find the music you want. You could just yell in your house, “Alexa, play Running up that Hill by Kate Bush.”

Just yesterday I was reminded how things have changed. I was in a Discord with some friends. We were all playing separate games because the Eminem takeover killed Fortnite (don’t judge me) but meanwhile, we were using a bot called Jockie Music to play music for us while we talked. We went through some early 2000s emo, some pop 80s tracks, and on a whim one member played a soundtrack title from Final Fantasy. 800 miles apart, and we were all able to listen to the same music and request what we wanted from a personal digital DJ.

This topic also came to mind recently because I heard Best Buy was phasing out their DVD sales. Then I was in Target for Black Friday and their DVD section was one shelf. In Walmart the same, with the Entertainment section being taken over by tech.

Have you ever tried to look up a movie that is 10, 20, 30 years old and can’t find it? Or better yet, you find it, but it’s not free. You have to rent a movie that’s been playing on regular TV for free for decades. Last year I had a hankering for a bumbling, heavily accented father trying to get his little Anakin Skywalker the hottest toy of the season. I speak of course of the 1996 classic Jingle All the Way.

Pictured here: Me, looking for outdated movies in bargain bins.

I. Couldn’t. Find. It.

I had 4 streaming services to choose from. It was nowhere without having to rent a nearly 30-year-old movie. This year Disney+ has custody, so…cool I guess.

That’s the thing. These streaming services all buy and essentially “borrow” a lot of their content through licensing. They compete against each other. You want to watch all the Spider-mans? And I mean all of them? Good luck finding them all on one service. You can’t even watch the Andrew Garfield movies (all 2 of them) on one service.

Besides the streamers flipping through content like cards in a deck of Uno, you also have the very real possibility that a company will just arbitrarily decide “You know what? We need a tax break.” And they delete their own movie off their service with no physical media to back it up. Gone. That content that cost hundreds of thousands of dollars, and so many people’s time and energy to create… is gone forever.

HBO Max reportedly cut costs last year by deleting 20 shows and movies including those that belonged just to them. That’s content that exists nowhere else.

Surely you’ve also booted up a service like Netflix and started the endless scroll to find something to watch. That’s apparently something these companies are very concerned about. From the previously linked MSNBC article:

“With the coming addition of Discovery+ content, Warner Bros. Discovery executives are concerned HBO Max may get bogged down with little-watched films and shows. That could cause viewers to associate the service with having a lot of stuff they don’t want to watch — the “Netflix problem,” said one HBO Max executive, who asked not to be named because the decision was private.”

Digital content isn’t, necessarily, forever. I feel like the NFT bros have also come to this conclusion.

The case could be made for physical media to experience a resurgence. Heck, record sales are doing well. Yes, vinyl! Vinyl sales were up for the 17th year in a row, though the article I reference did mark a slow in growth, probably due to price increases.

I get it. The way movies have been marketed has been diluted by so many avenues, and folks don’t necessarily have $22 to lay down on a movie to add to their collection. But your favorite movies, the ones you want to go back to time and again? They’re worth it.

Maybe I’ll end this by proposing this ridiculous idea: Physical media on demand. Sure, the vast rows of TV season box sets and various editions of Blu-Ray and DVDs might have to be phased out, but perhaps there should be a way to custom order the physical media you want so it’s only produced when someone orders a copy. Less waste is created. But at least there has to be a way to keep digital copies of movies that were acquired legally. Otherwise, I think the pirates will probably win, and that’ll be yet another struggle in the film industry to fight.

Sources:

PlayStation Store To Lose More Than 1,200 Purchasable Titles – With No Refunds

Where to Watch Every Spider-Man Movie Online in 2023

Streaming services are removing tons of movies and shows — it’s not personal, it’s strictly business

Here’s why HBO Max is pulling dozens of films and TV series from the streaming platform

U.S. Vinyl Album Sales Rise for 17th Straight Year — But Growth Is Slowing

Header image: Photo 26195729 | Dvd © Tonny Anwar | Dreamstime.com

Pay or Play – Some Movies Don’t See the Light of Day

Imagine working months, a year plus, on a project. Planning and outlining a story. Script revisions and rewrites. Storyboarding. A music score with full orchestra. Fighting and stunt choreography. Filming ninety percent of the movie.

Only to have HBO Max (I refuse to call it Max) shelve it for a tax write off.

This happened last year to Batgirl. Yes I’m still mad about this.

The movie starred Leslie Grace as Barbara Gordon/Batgirl, Brendan Fraser as Firefly and J.K. Simmons as Commissioner Gordon. Michael Keaton was reprising his role as Batman. And it looked awesome.

Filming began November 30, 2021. In January 2023, DC Studios Co-head Peter Safran deemed the film “not releasable.”

But, the real reasoning may just be because The Artist Formerly Known as HBO Max was rebranding, and no longer wanted the direct-to-streaming movie in its library. And it would make a fantastic tax write off.

I was going to write about this a long time ago. I mulled it over, got mad about it, and decided too much time had passed and I didn’t want to bring it up again.

But then we have Disney+ cancelling The Spiderwick Chronicles series adaptation this week. This is only one cancelation of many, as Disney+ and Hulu downsize for their fiscal third quarter.

This year, Disney+ deleted Crater, a $54 million feature that only lasted on the streamer for seven weeks! They also removed the Willow spinoff, Y: the Last Man, and The World According to Jeff Goldblum. Last year, HBO Max removed the likes of The Witches (2020), MoonshotLocked Down, Superintelligence, Charm City Kings, An American Pickle and a veritable pile of animated and live action series.

And since my blog lately has become “here’s a bunch of thoughts about the writer and actor’s strikes” you can only imagine how much Disney and Hulu and all these other streamers are saving on their barely existent residuals.

The Not So Fantastic 4

All this insanity reminds me of The Fantastic Four movie.

No, not that one.

Certainly not that one.

Yep, that one.

Not familiar with it? I’m not surprised. It’s technically a movie you can’t watch (unless cough cough bootleg DVD at Comic-Con cough cough).

The story behind this Fantastic Four is interesting, because it was a movie made specifically to never be seen. Why?

The 1994 film was made just to retain the rights to the characters. Although this Looper article claims otherwise.

A paltry $1 million dollar budget was set. A music video director was hired to direct the film. Cast and crew were hired at breakneck speed. This was definitely a race against the clock. Principal photography ended just three days before the contract would expire. The movie was edited in 28 days, and soon after it was served with a cease and desist from the producers.

Producer Berd Eichinger claimed it wasn’t his intention not to release the film, but Marvel exec Avi Arad was the one who stopped the movie in its tracks. In fact, Arad did buy the movie for several million dollars and order the prints destroyed. But still, it persisted, and bootleg versions exist out there for people to see the film in all its awkward B movie glory.

Pay or Play

Some movie contracts have a Pay or Play clause.

a pay or play clause guarantees that someone will get paid, even if they end up not doing the job that they were contracted to get paid for in the first place. They either get paid or they “play” and get paid. 

-Wrapbook

A good example was when the American The X Factor initially hired Cheryl Cole to judge two seasons of the show. Problem was, they didn’t think American audiences would understand her accent, so she was let go after the pilot episode. Cheryl Cole eventually had to sue, after she was paid for only one season. Her contract guaranteed her two seasons of pay, even though she didn’t work out as a judge.

This clause is also how Johnny Depp got paid $16 million after being fired from Fantastic Beasts 3 and replaced by Hannibal‘s Mads Mikkelsen. He had a pay or play, and the contract, as the IndieWire article points out, “did not have a morality clause.” This was after the highly publicized U.K. libel trial regarding the story of abuse with his wife Amber Heard. Mikkelsen was a better villain anyway. But still, $16 million is a lot to lose to an actor not appearing on screen.

I personally have worked on movies that have never, and will never, be seen. These are typically due to issues with finances at the indie budget level. I’ve worked on pilots that were never picked up by a network. I know several people who worked on The CW’s live action Powerpuff Girls show. I can’t imagine working on something so huge that it cost $50-80 million — and it never gets to be seen.

The cancelation of Powerpuff, from what I heard, might have been an act of mercy.

Pay or Stream?

We’ve got to a sticky situation in which titles are being deleted off of servers and shows and movies cease to exist. Actors, writers and show creators can’t earn residuals off that creative work, and not even DVD sales can save the day because…well, there’s not a lot of DVD sales going on. Personally, I’d love to see some streaming shows hit the DVD market. I don’t want Apple TV but I do want to see Silo. Why should I have Peacock in order to watch the Twisted Metal adaptation? Frankly, it would be beneficial to have an on-demand physical or digital download of content like this.

That’s enough for now.

Release Batgirl you cowards!

…and don’t get me started on New Warriors.

Sources

Disney Plus movie deleted just seven weeks after it premiered

Disney+ Not Moving Ahead With Completed ‘Spiderwick Chronicles’ Series Adaptation

HBO Max removes even more original content

Producer’s Guide: Pay or Play Clauses

Johnny Depp Exposé Reveals His Destructive Set Habits and $16M ‘Fantastic Beasts 3’ Payday