In an effort to push consumers toward buying more movies, some major film studios are considering a new policy that would block DVDs from being offered for rental until several weeks after going on sale.
Under the plan, new DVD releases would be available on a purchase-only basis for a few weeks, after which time companies such as Blockbuster Inc. and Netflix Inc. would be allowed to rent the DVDs to their customers. The move comes as the studios are grappling with sharply declining DVD revenue, which has long propped up the movie business...
DVD sales have been hurt by the recession, which has caused tapped-out consumers to opt for cheaper rentals. But Hollywood studios prefer that consumers buy DVDs because that generates significantly higher profits than rentals...
Studios considering the plan are betting that a sales-only window would push some consumers who currently rent DVDs into buying them, thus boosting profits...
So, are you willing to wait a few extra weeks to rent a DVD, or will you rush out and buy a copy when it first hits the streets? Will this increase profits for studios, or only generate ill will from consumers?
Yes, I've heard about this. I don't think a few weeks will make that much difference, but now if they extended it by 2 months or more, that could. It's really a no lose proposition for the distributors. If it helps them sell even 100 more copies of DVDs then good for them.
Well I've never seen any ads from NF that claim to make people smarter.
I'm sure that if they stomp their feet for long enough they will perceive the sudden availability of the rental or IW stream as a capitulation by NF to their insistent demands when the studios do finally release it.
Now, I am not a "new releases" type of guy...I've got a huge queue of older releases, and its not often that I move a film from the past year or so to the top. HOWEVER...
there is something called "the right of first sale," legally established in 1908 and upheld several times since, and this permits you, the owner of a purchased recording, to sell or exchange them, rent or lend that recording to others.
ANY video that goes on retail sale, Netflix is legally entitled to rent.
The studios have leverage, however, via "Instant Watch." They can use this to make Netflix do their bidding.
But rental customers that don't care much for IW offerings anyway can and will vote with their feet if a competing service offers the new releases as they are legally entitled to do, while Netflix foregos them.
Yeah but will it actually be effective? I think it would be a waste of the studios time as "where there is a will, there is a way", and Reed hasting admitted as much with the following statement.
"Occasionally, a studio tries to find ways to restrict a rental firm’s ability to buy at retail. But retail is so big and diffused, this strategy has never worked."
I mean unless the studios get a new law passed, how exactly can they change the "rights" that businesses such as Netflix already have? We've seen how that whole "Exclusive at Blockbuster" thing worked out, (or failed to) Netflix just went out and bought the movies at retail.
So my thought is, so what if the studios tell distributors "You cannot sell newly released titles to rental businesses until two weeks after the retail release..." The companies would only have to buy retail. Or, if they were smart (which Blockbuster can already do, because they sell stuff in the B&M stores) is get/use their reseller permits to purchase movies "for sale" and then simply put them out for rental.
Again, they would not be breaking any laws, so what could the studios do about it?
Again, they would not be breaking any laws, so what could the studios do about it?
Be a pain when it comes to acquiring streaming rights for Instant Watch... "You bought movies when we didn't allow you to, so now we're not going to allow you to stream any of our titles". Netflix is forced to play nice if they want to move towards streaming, since the studios have all the rights when it comes to that.
Permalink Reply by Pihk on October 30, 2009 at 9:36am
Yup. It's not in Netflix's interest to have an adversarial relationship with its content providers. Beyond the inherent one that comes about just from Netflix's very existence.
Unless they want to put all their chips on Roger Corman and Cory Feldman.
True, but then the same thing works in reverse. The studios really don't want to screw with the number one contender for IW streaming.
So if the studios threatened NF future streaming rights, then NF "Could" simply stop buying any titles from that studio. DVD sales are poor enough (which is what caused this) so if NF stopped buying any copies, the sales would decline even further, undoing any gain the studio's got from placing the restriction on their distributors in the first place.
And I'd think seeing as NF didn't break any laws, that if the studios retaliated against NF by not contracting IW content (as they did in the past with no problems) that there "might" be grounds for a lawsuit (maybe a pretty antitrust one :)