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Film and TV

I've written previously about cease and desist letters (also known as letters before action) regarding Taylor Swift and Netflix: as evidenced in these two instances, the standard legal documents can be ridiculous, cheeky, or even rather funny. But Budweiser recently took things to a whole new level when it used a medieval town crier to deliver a cease and desist handwritten scroll to Modist, a Minnesota brewery.
American beer company Budweiser launched Game of Thrones-like commercials set in the middle ages, with lords and ladies in authentic(ish) costumes repeating the nonsensical phrase “Dilly Dilly!” In one commercial, banquet invitees approach the king and queen to offer gifts. One man presents a six-pack of Bud Light to the king, who then exclaims, “Sir Jeremy, you are a true friend of the crown. Dilly Dilly!” The members of the royal court then all raise their Bud Lights in response, shouting “Dilly Dilly!” in approval. When the next guest presents a spiced honey mead wine instead of a Bud Light, the king tosses him into the pit of misery.

As the year draws to a close, most of us will think back on the people and events that shaped 2017. Considered by many to have been one of the biggest stories of the year, it would be difficult to ignore the social (and legal) discourse surrounding the more than forty high-profile men caught in sexual misconduct scandals. Last month, Netflix removed Kevin Spacey from its hit show House of Cards after Spacey was accused of sexual misconduct. However, Spacey claims Netflix cannot legally fire him because his contract did not contain a morality clause. Similarly, Hollywood producer Harvey Weinstein’s employment agreement may have only a very “loose” morals clause that does not allow for his termination, so long as he pays contractual fines and any costs incurred by his company due to his behavior.

A morality clause is a contractual provision that gives a party (usually a company) the unilateral right to terminate the agreement, or take punitive action against the other party (the "talent," which is usually an individual whose endorsement or image is sought) in the event that such other party engages in reprehensible behavior or conduct that may negatively impact his or her public image and, by association, the public image of the contracting company (source).

British cinema chain Cineworld will buy American chain Regal Entertainment for £2.7 ($3.6) billion
The merger announcement comes at a time of tough competition amongst theatre chains as they struggle with long-term declines in audiences and changes in consumer behaviour. Exclusive release windows continue to shorten.  Introduction of the Video Home System (VHS) technology in the late 1970's posed a significant threat to the traditional studio-to-cinema distribution model. Studios and cinemas created the “release window” system in the 1980's as a strategy to keep different film formats from competing with each other. Only after a film was shown exclusively in cinemas for a particular “window” of time would it then be released for home rental or purchase. In 1999, the window had an average of 27 weeks. Today, the average is just 15 weeks, with smaller films often having release windows of just a few weeks or even days. This poses a challenge to cinemas, as they have a shorter amount of time to exploit their monopoly on the film before it becomes available on DVD or on-demand. Netflix: from disruptor to key industry player.  The 20 year-old company that started as a simple DVD home delivery service just announced plans to release 80 original films next year. With nearly 110 million subscribers around the world, has doubled its audience base since 2014. Other streaming platforms including Amazon, Hulu and YouTube have also made significant dents in Hollywood's business model. [gallery ids="3695,3696" type="columns"] While Regal has not disclosed why it selling, there are many plausible benefits to consider.  Firstly, Regal and Cineworld would likely reduce expenses across a variety of departments, as redundancies between the two - for example in marketing or finance - would be streamlined. The two chains would also benefit from joined resources, including that of knowledgeable staff, pre-existing cinemas, and the leveraging of existing networks. Cineworld would also gain access to American customers by acquiring Regal, without the start-up costs traditionally involved in venturing into new jurisdictions.