The rapid evolution of distribution in the entertainment industry is finally coming to a head as more and more questions related to compensation arise. Negotiations surrounding streaming and theater releases continue to grow more complex. Jamice Oxley, counsel in Pryor Cashman's Media + Entertainment Group recently discussed the nuances around the issue with theLos Angeles Times:

Jamice Oxley, an entertainment industry attorney at Pryor Cashman, said there is a new sense of anxiety around deal-making.

"It's an ongoing conversation on how to be fair on both sides during the pandemic and during a very, very tumultuous time in the entertainment business where companies are merging and consumers are dictating the future," Oxley said.

[...]

A major problem, though, is that producers often don't know how well their shows are doing.

Metrics are notoriously opaque in the streaming business, especially compared with the much more objective measurement of box office grosses. Netflix only recently began publicly disclosing viewership for certain shows. Others continue to hide data for individual programs.

One way to get information is through litigation, Oxley said. "We're going to have to see streamers releasing some of their numbers in order to really create an economic model around subscriptions and how they correlate to the release of a particular property," she said.

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