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The production of broadcasts and remuneration of rights: a business perspective An assessment of broadcasting’s contribution to copyright A presentation by Godfrey McFall, Senior Associate, Oliver & Ohlbaum Associates WIPO Headquarters, May 25th 2009 An assessment of broadcasting’s contribution to copyright Who we are The leading independent adviser and expert on the opportunities and challenges facing the global media, entertainment and sports sectors in the 21st century. Have advised over 200 corporations, investors and regulators from the UK, Europe, the Americas and emerging markets. We advise clients from the following industries: TV and radio broadcasting Entertainment and content creation Sport Print and publishing Advertising and transaction based media Online and broadband (media and distribution) 2 Contents Flow of funds in the European broadcasting market The contribution of the five largest European markets A UK case study Summary points 3 Contents Flow of funds in the European broadcasting market The contribution of the five largest European markets A UK case study Summary points 4 Flow of funds in the European broadcasting market Schematic flow of funds – direct and indirect copyright contribution SOURCES OF FUNDING BROADCAST INDUSTRY REVENUE BROADCAST INDUSTRY EXPENDITURE RIGHTS SALES ADVERTISERS PROGRAMMING SPEND • Creation of original IP • Talent investment • Music creation and rights • Arts/photography • Acquisitions • Live events • Others (toys and games) TECHNOLOGICAL INVESTMENT • Telecommunications • Platforms and distribution • Digital software • Consumer electronics OTHER REVENUES OTHER ANCILLARY REVENUES CONTENT CREATION ADVERTISING SPEND FLOW TO COPYRIGHT HOLDERS RADIO & TV BROADCASTING SUBSCRIPTION FEES CONSUMER PAYMENTS LICENCE FEE 5 Flow of funds in the European broadcasting market Sizing the European content industry and flows to copyright industry European broadcasting flow of funds, 06/07 Total industry worth over €86bn 86.3 €37.6bn (44%) of total revenues invested into content creation in 06/07 PAY TV BROADCASTER COSTS & PROFITS OTHER Content spend creates original IP and flows into copyright sectors identified on previous slide ADVERTISING RADIO SPEND TV SPEND LICENCE FEE Source: O&O Trends 6 Flow of funds in the European broadcasting market Programming spend and constituent flows to copyright Total European content creation, 06/07 RADIO SPEND DIRECT IP CREATION • PODCASTS • EXCLUSIVE ONLINE CONTENT • COMEDY/DRAMA • CULTURAL DIVERSITY FLOWS TO COPYRIGHT • COLLECTION AGENCIES • TALENT • NEWS AGENCIES • TRADEMARKS • MERCHANDISE SPORTS RIGHTS FILM AND TV ACQUISITIONS NEWS EXTERNAL IN HOUSE Source: O&O Trends • CONTRIBUTES TO PRODUCTION FINANCE (PRE-SALE OF RIGHTS) • • • • • ORIGINAL JOURNALISM • DOCUMENTARIES • CULTURAL DIVERSITY • TALENT (WRITERS, CONTRIBUTORS) • WIDER PRESS/NEWS AGENCIES • PROGRAMME IDEA CREATION (BOTH INDEPENDENT AND IN HOUSE) • CULTURALLY DIVERSE RANGE OF PROGRAMMING TOPICS • NEW FOOTAGE/FILMING • ORIGINAL MUSIC SCORES • • • • TALENT (WRITERS, DIRECTORS) COLLECTION AGENCIES NON-DOMESTIC RADIO/TV MOTION PICTURE COLLECTION AGENCIES TALENT ANCILLARY ACTIVITIES ARCHIVE FOOTAGE 7 Flow of funds in the European broadcasting market Non-subscription funded broadcaster’s contribution to programming spend Non-subscription funded broadcasters proportion of overall programming spend, 06/07 In all but two EU territories, nonsubscription markets account for greater than 50% of all programming spend AVERAGE – 72% In largest markets, non-subscription funded broadcasters represent between 65% and 87% of all content spend Source: O&O Trends 8 Flow of funds in the European broadcasting market Non-subscription funded broadcaster’s contribution to original content creation Non-subscription funded broadcasters proportion of overall origination spend, 06/07 Non-subscription funded broadcaster’s account for over 75% of all original content investment in all markets In the majority of European countries, publicly funded broadcasters tend to invest more heavily in original content than their commercial counterparts Source: O&O Trends HIGH RELATIVE PUBLIC INVESTMENT HIGH RELATIVE COMNERCIAL INVESTMENT AVERAGE – 91% COMMERCIALLY FUNDED PUBLICLY FUNDED 9 Flow of funds in the European broadcasting market Audiovisual sector’s contribution to EU economy Gross Value Add (GVA) by EU copyright industry sectors as a % of total GDP, 2000 & 2008 estimate** Audiovisual sector still remains a critical contributor to the EU economy Indicative values of growth suggest audiovisual sector holding up better than other industries faced with digitisation of media consumption *Audiovisual industry includes radio, TV, film and video; **Study includes national data from 15 European Union member states **2008 – indicative values Source: European Commission, Oliver & Ohlbaum Trends 10 Contents Flow of funds in the European broadcasting market The contribution of the five largest European markets A UK case study Summary points 11 The contribution of the five largest European markets In terms of revenue Total broadcasting revenue (radio and TV) by country size, 06/07 RADIO • Big Five – 72% of revenues • Non-pay – 2/3 of big five revenues NON-PAY TV PAY TV Source: O&O Trends 12 The contribution of the five largest European markets In terms of investment in content Total programming spend by market and broadcaster type, 06/07 % PROG SPEND OF NON-SUB FUNDED BROADCASTERS 87% 70% 65% 74% 67% • Big Five – ¾ of all programming spend PAY TV • Non-pay – 87% of spend in Germany RADIO COMMERCIALLY FUNDED PUBLICLY FUNDED Source: O&O Trends 13 The contribution of the five largest European markets In terms of investment in original IP Total originations spend by country and broadcaster type*, 06/07 % PROG SPEND OF NON-SUB FUNDED BROADCASTERS 92% 98% PAY TV COMMERCIALLY FUNDED 78% 92% 90% • Big five - >€14bn investment in original IP • Non-pay accounts for over 90% of this investment PUBLICLY FUNDED *Radio excluded Source: O&O Trends 14 Contents Flow of funds in the European broadcasting market The contribution of the five largest European markets A UK case study Summary points 15 A UK case study Total TV and radio market revenues 2002-2007 TV & Radio industry revenues (nominal), 2002-2007 Compound Annual Growth Rate (CAGR) 02-07 % Market growth just below GDP growth driven by subscription revenues 5.2 SUBSCRIPTION REVENUE 8.4 ADVERTISING REVENUE 2.6 Burgeoning pay TV market – 55% of homes in 2008 Decline in advertising in ‘real terms’ Licence fee revenue has grown at around GDP Note: CPI CAGR of 3.2%; GDP CAGR of 5.4% Source: O&O Trends, Ofcom, RAB, Zenith, BBC Annual reports REVENUE FROM PUBLIC FUNDS 5.1 16 A UK case study Broadcasting contribution to copyright collection agencies increasing Performing Rights Society (PRS) for Music revenues by sector, 2003-2008 Growth in the UK broadcasting market has translated into a rise in the total value of collections made by the PRS for music from 2002 to 2008 MECHANICAL INTERNATIONAL Broadcasting and online contribution copyright agency grown at CAGR of 10% PUBLIC PERFORMANCE Broadcasting now BROADCASTING & ONLINE single biggest contributor to revenues BROADCASTING CONTRIBUTION* *Note: excluding online revenue Source: PRS for Music, O&O Analysis 24% 24% 24% 24% 25% 26% 17 A UK case study Programming investment in the face of advertising declines Commercial terrestrial programming spend versus revenues (real), 02-07 Despite pressure on commercial terrestrial players, investment in programming has remained steady Real advertising decline of 1.3% while programming spend grew at CAGR of 1.7% ADVERTISING PROGRAMMING SPEND CAGR 02-07 % (1.3) 1.7 Competitive dynamics in UK market have ensured a sustained level of investment in programming *Includes spin off channels; values Source: O&O Trends, Ofcom 18 A UK case study Critical role of terrestrial broadcasters in original content creation Total originations spend by broadcaster type, 2004 – 2007* Terrestrial broadcasters play a critical role in investment in original intellectual property and cultural diversity THEMATIC PAY CHANNELS Account for 95% of total COMMERCIALLY FUNDED spend Thematic programming spend dominated by acquisitions and sports rights so contribution to original content creation relatively small % PROG SPEND OF TERRESTRIAL BROADCASTERS *Excludes regional spend; includes terrestrial spin off spend Source: O&O Trends PUBLICLY FUNDED 96% 96% 95% 95% 19 Contents Flow of funds in the European broadcasting market The contribution of the five largest European markets A UK case study Summary points 20 An assessment of broadcasting’s contribution to copyright Summary EU broadcasting contribution to core copyright of over €30bn Public and commercial broadcasters invest significantly more in original radio & TV IP and related copyright sectors than subscription funded counterparts Additional investment in partial and interdependent copyright industries Big five markets account for disproportionately high share of original IP generation in EU Smaller markets remain crucial for cultural diversity and it is the non-pay broadcasters driving creativity in these markets 21