Impact of the Streaming Market on Contractual Practices in Danish Film and TV Production

Caroline Sarah Christiansen

Student thesis: Master thesis

Abstract

The purpose of this paper is to examine how the digital streaming platform’s buy-out practices affect the Danish standard copyright practice, consisting of constant royalty fees for transferal of rights, within film- and tv-production. The paper commences by examining how Danish film-producers are coved by the Danish Copyright Act and to which means the new European digital Copyright Act might affect the scope of the producers’ rights. By analyzing three agreements for tv-production, this paper shows how the buy-out practice differ from the Danish standard copyright practice and examines with which contractual law remedies, the film-producer can protect his or her rights, when entering a buy-out agreement. Furthermore, the paper examines which risks should determine the optimal contract outcome, as well as how respective bargaining power actually influences the outcome of the agreement, between the streaming platform and the film-producer. By examining Creative destruction in the film-production industry, this paper advices filmproducers to evaluate their business practices to overcome the risk of vertical integration. The paper suggests such a change could involve entering into a strategic partnership with the streaming platform, using proactive remedies in the contract, in order for the parties to gain relational rents. The findings of the paper show that strategic contracting can ensure a durable, sustainable relationship between the producer and the streaming platform. This is based upon the finding of the legal and the economic analysis, that concludes that the producer, with no legal remedies at hand, combined with the fact that the producer has no bargaining power and the threat of possible vertical integration, the producer has to use its unique resources, to enter into strategic partnerships with the streaming platform and thereby ensure relational rents.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2020
Number of pages82
SupervisorsSøren Sandfeld Jakobsen