The Business of Television in 2025 with Ken Basin

25 Feb 2025 · 43 min

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Podcast Episode Notes: The Business of Television in 2025 with Ken Basin

Episode Overview Podcast Title: Builders from business.com Episode Title: The Business of Television in 2025 Guest: Ken Basin, Entertainment Lawyer and Author of *The Business of Television* Episode Number: 83 Description: Ken Basin provides insights into the economics of Hollywood, the transition from cable to streaming, and the influence of AI on the industry.

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Key Themes and Discussion Points

  1. Evolution of Television
  2. Definition of Television:
  3. Ken argues that the distinction between traditional television and streaming is blurred; all audiovisual content delivered to viewers can be considered television.
  • Consumer Spending Trends:
  • Although there are fewer cable subscribers, many consumers are now spending more on multiple streaming services compared to traditional cable bundles.
  • The industry may ultimately consolidate to around four dominant streaming services.
  1. Economics of Television Production
  2. Costs of Production:
  3. Production costs for shows have significantly increased, with actors earning more than a million dollars per episode in first seasons becoming common.
  4. Examples include high-profile shows like *The Agency*, featuring expensive production elements and star-studded casts.
  • Studio vs. Network Dynamics:
  • A critical distinction exists between studios that produce content and networks that distribute it, often merging under the same corporate umbrella today.
  • This merger allows for more efficient financial management and content distribution strategies.
  1. The Business Model of Streaming
  2. Performance Metrics:
  3. Streaming platforms evaluate shows based on initial viewership, audience retention, and subscriber acquisition.
  4. The concept of "churn"—the rate at which subscribers cancel their services—is pivotal to success.
  1. The Role of AI in Television
  2. AI Applications:
  3. AI is currently used in post-production for tasks like voice dubbing and translation but poses concerns among creative professionals regarding job security.
  4. There are discussions about potential AI-generated content, with skepticism about its emergence from traditional media companies.
  • Innovative AI Projects:
  • Ken mentions a project led by David Goyer that uses AI and blockchain to create a collaborative storytelling environment, showcasing both potential and challenges.
  1. Future of the Television Industry
  2. Market Dynamics:
  3. The entertainment industry historically has operated without the pressure of venture capital models, focusing instead on cultural impact rather than profitability.
  4. The future may resemble a more niche market similar to Broadway, where major blockbuster films become less common, leading to a focus on quality and artistic expression.
  1. Insights on Breaking into the Industry
  2. Opportunities for Newcomers:
  3. Although the traditional pathways into Hollywood (e.g., working as an assistant) have shifted, there are still emerging opportunities.
  4. Generational changes in expectations are reshaping how talent breaks into the industry.
  1. Media Consumption Trends
  2. Consumer Behavior:
  3. A shift back towards bundling services as consumers realize the comfort and convenience it provides, despite a desire for unbundled options.
  4. Viewers are increasingly looking for efficiency and value, leading to discussions about how content is marketed.

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Key Takeaways

  • The landscape of television is evolving rapidly with the rise of streaming services, changing consumer habits, and the ongoing impact of AI.
  • Understanding the financial and operational dynamics between studios and networks is crucial for those interested in the industry.
  • There is potential for new models of content creation and distribution, particularly as technology continues to advance.
  • The romanticism of storytelling remains a driving force, even as the industry grapples with economic realities.

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Conclusion Ken Basin provides a comprehensive and thought-provoking analysis of the current and future state of the television industry, addressing both the challenges and opportunities that lie ahead. This episode is a must-listen for anyone interested in understanding the complexities of media economics and the evolving role of technology in entertainment.

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Transcript

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0:00Today, we get an insider's perspective on the television industry from Ken Basin, who literally wrote the book, The Business of Television. We discuss streaming, the impact of AI, who does or doesn't make money. If you have any interest, I have a romanticized interest in the entertainment industry. You're going to love this episode.

0:21Hi, Ken. How are you? Good to see you. I'm good. Thank you for having me. Good to see you as well. I'm really pumped up to talk about the business of television, talk about the entertainment industry. It's not something that we talk about frequently on the Builders podcast, and you're an expert here. But I'd love I'd love to start here. Do you think Americans are spending more, less or about the same on what could be called television? I put that in quotes because I'm not even sure what television is and isn't anymore. Or, I mean, I think for me personally, I cut the cord a few years ago when I could start getting the sports that I really cared about through a streaming service.

0:58And so I was thinking maybe I would be spending less money. But now that I have Paramount and Netflix and Prime Video and everything, I think I'm actually spending way more on television than I ever used to. Yeah, well, let me start by addressing your kind of scare quotes for television. That's all television. And I really believe that there's no more difference between streaming and television than there is difference between cable and broadcast. There are different ways that TV is delivered. There are different financial models. But it's fundamentally audiovisual content delivered to the viewer in their home on devices that they're choosing.

1:36And so I think that does all count as TV. The last time I saw publicly reported data on this, on average, Americans were still paying less in total for their video subscriptions than they were at the peak of the cable bundle era, when most cable packages were around$100 a month, around 100 to 110 million households in America had cable. But that's definitely not true for everybody. I think there are a lot of people, probably including you, definitely including me, who are paying more today than we were paying when we just had one big cable bundle. And I think that the proportion of people who are in that position is growing over time.

2:18There's a widespread expectation within the industry that we can't sustainably carry the number of streaming services that we have right now. It's been a kind of working guess for a lot of people for a while that there are probably going to be four long term, long running streaming services when everything is done. And most people assume that Netflix and Amazon have already claimed two seats at that table. So there's really two more to go around. And I think when we go from seven premium streaming services back down to four, it might moderate that. But also prices are going up and are going to continue to go up.

2:58So the streaming revolution has done a lot to kind of change and improve the experience of watching TV. But I don't think making things cheaper is one of the problems that it's solving or was ever really meant to solve. It's interesting. I think that I wanted to talk about one of the streaming services that's probably in the seven and may or may not be one of the ones that's in the four, which is paramount. It was probably the last of the majors that I had not subscribed to. And I'm like, I'm not, I'm not putting in, I'm not subscribing to another one. And then, um, a show was going to come out that I was really interested in.

3:34And I love the show. It's called the agency. I don't know if you saw it. And now I'm kind of like, well, kind of like captive to Paramount. I'm going to, I'm going to stick with it. And I'm starting to check out some of the other shows that are part, that are part of Paramount, you know, Landman and, and, and that, that kind of thing. I am curious, though, about the the the business of a show like The Agency. It seems expensive. It's set in it's set in London. They have, you know, battles with tanks. They have exploding helicopters. They have Richard Gere, Michael Fassbett or Jeffrey Wright, a lot of famous actors.

4:10Like who is making money on this thing? And how would you think about a show like that? So it's definitely expensive and shows have gotten much more expensive across the board in the last 10 years. Start with the actors. The actors are definitely making money. When I started working in television around 2013, it was a kind of general rule that no actor, no matter how big, how successful, how recognized, made more than$125 ,000 per episode in the first season of a show. Those numbers could get much, much higher in later seasons when a show had already proven itself and become a big moneymaker. By the end of 10 years of Friends, the cast members were all making over a million dollars each.

4:49The cast members of Big Bang Theory were making north of a million dollars each by the end. But between 2013 and today, the ceiling just disappeared. And there are a number of actors who make more than a million dollars per episode in the first season of TV. So it really shifts a lot of the risk kind of away from the actor who's now getting paid. this is a dynamic of streaming generally everyone gets paid as if everything is a hit except people say the actual hits where the biggest hits aren't sort of outsized compensated so for the stars like Richard Gere and Michael Fassbender prices have come down a little bit in the last two years after the strikes after COVID there's been a broad reduction in the number of shows being made but I would guess that those guys are making anywhere from 400 to 700 hundred thousand dollars per episode each and you know that's just before you get to any of the cost of actually producing the show um the show is produced by showtime productions and it was originally developed for showtime uh which was owned by the same corporate parent as paramount plus and they kind of substantially merged those services so you might notice that it's not just paramount plus it's paramount plus with showtime right which is a total branding mess that i don't think anybody really understands or agrees with.

6:10And as an aside, prior to doing this, Paramount Global, the parent company had the opportunity to sell Showtime for$3 billion, turned it down, and then seems to have more or less destroyed the brand by merging it with Paramount Plus with the streaming service. But it sort of reflected the kind of all-in push on streaming. But it does mean that you have the same kind of corporate conglomerate as the studio that produces and owns the show and as the network that exhibits the show. That's also very common in today's industry and kind of affects how you think about the macroeconomics of everything.

6:44Prior to the early 1990s, it was actually basically illegal for a network to own the shows that it exhibited. And so through the 70s and 80s, you had this really robust, vibrant community of independent producers, Carsey Warner that did Friends, Castle Rock that did Seinfeld, Orion did a bunch of stuff in the 80s, Reischer. And in the deregulatory climate of the early 90s, those laws went away and very quickly all of the major entertainment conglomerates that own networks started their own studios and began preferentially ordering shows from their own studios. Because in the life cycle of a TV show, a big show is generally very kind of efficient and money making for the network in its early years, but not for the studio, because the network is sort of paying a lower price that was set before they knew the thing was a hit.

7:37And then it later sees it kind of shifts, the cost of the show goes up, the studio gets higher license fees, maybe audiences slowly degrade over time, and the show becomes a bigger financial driver for the studio and a little bit less of a financial winner for the network that may still be important for brand purposes. So shows like the agency and really probably most shows on the air today have the same company in both of those positions. So they can sort of smooth out that curve and make decisions about whether and how to sell the show elsewhere, exhibit it elsewhere to kind of maximize efficiency and maximize gain across both the studio and the network businesses.

8:16For many of these companies, the studios and networks don't even have their own separate P &Ls anymore. They consolidate their financials. And so they're really kind of in it together in the economics. And so they're in it together and they've just launched the agency. When do they know whether or not it was a good investment, a hit, a flop, et cetera? Does that happen right away when they look at the initial streams? Does it happen when they look at someone like me that signed up around the same time agency premiered and then they see, do I stick around? Am I still with it now? How do they think about that?

8:53Short answer, both. They know a lot in the first two weeks based on the initial numbers, but most services want six to eight weeks to really sort of collect data and evaluate performance. And to what you're saying, they're looking both for things that get a lot of viewing minutes. I mean, just pure massive minutes is very important. But all of the streamers have gotten much more sophisticated over time at trying to attribute subscription and non-cancellation decisions to certain shows. And so a show that has less total viewership, but they can see you're a new subscriber. And the first thing you did when you signed up was kind of plow your way through this show.

9:33They can detect that and sort of recognize this show gained them a subscriber. It's really kind of singularly responsible for that. They also have ways kind of in the long run to look at whether shows are likely to be more impactful in preventing people from canceling their subscriptions. One of the big factors that all the streamers are trying to manage is called churn. Churn is just the percentage of subscribers who cancel every month. And one thing that's pretty common, especially for services like Apple that doesn't have a very deep library to keep people engaged in the long term, is people will sign up, watch the show they're interested in, and when it's done, cancel their subscription, and then sign back up the next year.

10:14And these companies really want to skip that middle part and just keep you signed up all the way through. the best predictor of whether somebody is going to cancel their subscription is whether they just watch a minimum amount of content over the course of a month. And that's also why library content can be so important and so impactful. It's cheaper by the hour than making new content, but it can be every bit as impactful and more in keeping people glued to the service. And there's a lot of major success stories of the last few years, shows like Suits that was kind of a little bit under the radar after finishing several years before at USA that kind of had a revival on Netflix.

10:53Brooklyn Nine-Nine did a little bit of the same. It was an interesting model because Brooklyn Nine-Nine was owned by Universal. All eight seasons were on Peacock, but not a lot of people watched Peacock. So they put the first four seasons on Netflix. A lot more people watched Netflix and they have a much more effective recommendation algorithm. So a lot of people discovered the show on Netflix, watched the first four seasons, said they wanted to keep going and discovered that it wasn't there on Netflix. They have to go get a peacock subscription to see seasons five through eight i know this because my wife and i are among those people and that's why we ended up subscribing to peacock and now we're still subscribed to peacock as as are my children um they they went all through suits and my daughter lost her mind when when she couldn't watch the remainder of the brooklyn 99 library it's it's funny you know and it ties back to what i was thinking when you were describing why wouldn't Paramount have sold Showtime for$3 billion, whatever you said it was, is for me personally, I watched the agency.

11:50And then I was like, oh, I loved Dexter. I loved Homeland. Maybe this is a good time just to rewatch them because I have the service now. So yeah, that's really, really interesting. So you work within television. I guess before we're talking off air, you're probably recovering lawyer to your lawyer at some point. And you decided to write a book literally called The Business of Television. Why did you do that? Why were you inspired to do that? When I started out as a lawyer, I was doing entertainment work from day one, but most of my practice was focused on representing feature film talent, actors, directors, producers.

12:30And two or three years into my career as a lawyer, I had the opportunity to do my first significant TV deal. It was actually an acting deal for Tony Danza for a 30-minute comedy that was being developed by ABC Studios for ABC Network. And I received the offer from ABC, and there were several terms in the kind of offer sheet that said subject to ABC approval, subject to ABC approval. And I was completely confounded by this because I thought, I'm negotiating with ABC. How are they offering me terms that are subject to their own approval? And that's essentially how I discovered the difference between a studio and a network.

13:03And that's kind of one of those concepts that is really fundamental to the basic kind of structure and function of the industry, but pretty opaque to the general public. So to be clear, studios are the entities that actually make and in the long run own TV shows. And networks are the entities that exhibit those shows to the consumers. So studios are kind of B2B businesses. Their relationships are with creators, talent, crew, stages on the one hand, and network licensees on the other hand. networks are B2C businesses. A lot of their investment, a lot of their effort goes into marketing, branding, creating cachet with the audience.

13:43If I tell you a show is on FX and nothing else about it, you probably have some guesses about what that show is like. That shows how successful FX has been as a network and making its brand. Frequently, as I was saying, the same kind of conglomerate owns both the studio and the network behind a show. But there are plenty of times when that isn't a case, even for shows that are really, really kind of intimately connected and associated with the network's brand. So everybody thinks about House of Cards as a Netflix show, and it was on Netflix, but Netflix doesn't own it. It was produced and owned by a company called MRC, Media Rights Capital.

14:18Breaking Bad and Mad Men, two shows that define the brand of AMC as a network, were produced by Sony Pictures Television and Lionsgate Television, respectively. And you would only really know that if you would watch till the end of the credits and then saw the logos that come up on the end and see which studios logos are at the end. And even then it might be confusing because it might have the logo of a studio that's affiliated with the network that got a piece of the show and the studio that actually sort of made and primarily owned the show. But so I was kind of forced to confront this difference between studio and network.

14:51And it felt like something I should really, really know about. And so therefore I didn't want to ask anybody about it because I didn't want to reveal that I didn't know. and I bought a bunch of books hoping to kind of answer this and many other questions for myself before I was kind of next faced with the situation and found that none of them taught me what I wanted to know and so when I'd done the job long enough that I felt like I had the answers to the question that the 25-year-old version of myself would have asked, I decided to write a book sort of as a present to that 25-year-old past self, a place where he could have gone and kind of looked up the answers and then walked more confidently into conversations.

15:27That's a really cool story. And so you wrote the book, the authoritative book in the business of television. You released it in 2018. And then you recently, maybe in the last six months or so, released a second edition. So when you were thinking through that, were you thinking, A, like, yay, I get to write it? Or B, I really need to rewrite or change some of this because so much has changed. Where were you on the excitement versus wow, so much is change scale? It's interesting that you framed the question that way because that very much was kind of like my journey of the process of writing it.

15:58The book came out 15 months later than it was originally intended to. I had been pretty procrastinating towards it. When I was originally thinking about working on the second edition, I kind of viewed it as a sort of minor project, like update some numbers, change some pop culture references so they don't feel dated, to the extent that the ranges of what people pay for scripts or actors of change, make sure that those are updated and capture whatever is new and union requirements. And so I thought about it as not a major undertaking, but I couldn't make myself take it up. It just wasn't interesting to me.

16:32And the more I thought about it, the more I realized I had a certain amount of guilt that people had paid a decent chunk of change for my book and I wanted them to buy it a second time. And I wanted to make sure I was giving them something that was worthy of plunking down $40 or$50 again. and that kind of really incremental change didn't feel like it was doing it. And when I finally sort of gave myself permission to open it up and be much more ambitious, then it started pouring out of me. And I added, you know, much more detailed chapters about streaming kind of the history of it as a business from the consumer perspective, but also from the kind of behind the scenes financial perspective.

17:08The book has a little bit more sort of like narrative quality, like where did we start and how did we get here kind of tales in certain parts of it. There's a whole new chapter about negotiation that really kind of like reflects my personal philosophy as a negotiator and how I train and teach the people who have worked for me in negotiating jobs and what I think would make the industry a kind of kinder, gentler, happier place to work if people took this advice. And I also gave myself a lot more permission to describe things not just as they were, but as I thought maybe they should be. always very transparently about that, really trying to be diligent about not blending observation with projection.

17:53But one of the things that was a real privilege for the second edition was the first edition found its audience. I definitely wouldn't recommend writing a niche for the trade business book for the money. If I made minimum wage on the endeavor, I'll be pleasantly surprised. But it had really been embraced by lawyers, agents, managers, executives. I knew there was an audience there. And so I thought I had an opportunity now that I had built a little bit of credibility to, you know, make a few more suggestions than I did the first time. And so ultimately, I wrote the book in a very condensed period of time, right after the strikes ended at the end of 2023.

18:30But my wife was expecting our first child at the time, and I needed to give birth to the book before she gave birth to the baby or we were all going to be in a lot of trouble. and so I wrote the entirety of the second edition in about three months and discovered at the end that it was literally twice as long as the first edition and that the material from the first edition was 50 % rewritten so I had written one and a half of my old book in a three-month period which was one of the most stressful three-month periods of my life and rewarding and sleep-deprived well congratulations on that and for folks listening will or watching we'll put the put Put the book in the show notes.

19:09I kind of want to talk about breaking into the business and if it's even possible. In this podcast, we talk a lot about business startups, how you bootstrap a business, how you seek funding. Is there that same notion of a startup in the world of television? We all think, or those that have creative bones, we might say, we're going to write the next great American novel, or we're going to, I've got an idea for a script. I've got a dream. All I've got to do is find the right person. I can get my thing funded. It might be romanticized in, you know, like there's a Sopranos storyline about that, but, but can it work or does it just, does it just not work that way?

19:54There are elements of that. And it's something that's changing partially, I think because of generational expectations and partially because the promise that the industry used to hold of like you go in you started as an assistant in the mailroom you keep your head down and your work you wait at the top is not a promise that people believe in anymore and that isn't really consistently delivered upon you know when bob evans became president of production at paramount in the 1970s i think he was 34 years old you're 34 years old today you're still probably at a not far above entry level position because the guys at the top are all still there in their 70s, having been there for 25 years.

20:28Up to about a year and a half ago, there was a kind of unprecedented level of interest in Hollywood from Silicon Valley. A lot of money pouring in and a lot of businesses that were being spun up with kind of tech company mentalities. I mean, this also reflected the arrival and the influence of Apple and Amazon and Netflix, which I've always thought is fundamentally just a media company, but has long presented itself as a technology company, in part because technology companies get much more favorable valuation multiples, unlike, you know, P.E. ratios and better access to capital and more patience from investors who let you chase growth and not profit for very long periods of time.

21:10And a lot of that thinking started seeping into other areas. But it was less investment in kind of like young guy with a dream. It wasn't sort of the Mark Zuckerberg, you know, figures of the world of the Sean Parkers. It was a lot of money going to celebrity driven companies. So a lot of money poured into Reese Witherspoon's Hello Sunshine, into LeBron James's Spring Hill. And I think with the passage of a few years, there's a lot more skepticism about the quality of those investments. I think a lot of valuations didn't reflect kind of real basic business fundamentals, partially because the logic of startups and the logic of startup investing is kind of, you know, it's embodied in the VC model of most things will fail, but a small number of things will just be outside successful and grow in huge multiples year over year.

22:04And so you just get a few of those and it makes the whole portfolio work. And by the way, for a long time, that's kind of how Holly worked as well, not from the perspective of a portfolio of companies, but a portfolio of movies. Any given studio would release, you know, eight to 25 movies a year. And they would expect that most of those would lose money. But the few that made money would make so much that it would pay for the losers, pay for the overhead and pay for the private islands. And in the content space, that cross-collateralization model is, if not dead, certainly very struggling. The deal making has changed.

22:37So it's very hard to actually be given an opportunity to take meaningful risk. And it's very hard to have meaningful upside in the risk. One thing you hear a lot is there are no home runs in content anymore, but there's not a lot of strikeouts either. It's all singles and doubles and increasingly mostly singles. On the company side, though. I don't think there's any entertainment company that is truly with the possible exception of Netflix, which has this kind of hybrid identity and came about at a very specific time with very loose capital markets and a strong first mover advantage. But I struggle to name any company other than Netflix whose kind of growth curve from employee size, revenue size, subscriber size looks like that of a tech company.

23:19The dirty little secret of Hollywood has been that it's never been that great of a business. It's, you know, I think if you sort of aggregate the performance of one of the major studios over a 50 year period, you'd probably find that after overhead, it averages an 8 to 10 percent margin a year. That would not satisfy a private equity or a venture capital investor. These companies were sort of passed around as the playthings of Seagram's, the gin company, and General Electric, the appliance company. They were owned by Standard Oil, Paramount was, in the 1970s. So these were kind of like fun plaything subsidiaries of larger enterprises that weren't really on the radar of Silicon Valley, even once it became a thing, weren't really on the radar of Wall Street.

24:00And the joke that I always made is we are all just a hair's breadth away from it making sense to fire all of us and invest all the money in an S &P index fund. So the appeal of the industry has never been about the opportunity for outsized returns, though there are those individual stories of such great successes that kind of put stars in people's eyes. It's really much more about the opportunity to impact the culture. you know there are people who are very romantic about storytelling even to this day and that informs some of the conflicts that exist among constituencies within the industry and frankly you know one of the jokes in Hollywood is how do you make a small fortune in Hollywood you start with a large fortune and you know it's a place where people who've made their fortunes in other places go to squander a portion of it so they can go to sexy parties and it's only really in the last decade decade and a half that wall street and silicon valley have started really scrutinizing these companies strictly kind of as businesses how much are you spending how much are you making we don't want to hear about magic we don't want to hear story we don't want to hear about culture like what is this business and they're discovering it's actually not that great and but again that's never been the point um you know paramount is about to be owned by David Ellison, backed by his father, depending on the day, fifth to sixth richest man in the world, Mary Ellison.

25:17To a large extent, I kind of think that's what the studios need, is they need sort of billionaire patrons who, you know, have a romanticism about it and want to be moguls, and who, because they're doing this for not strictly conventionally financial reasons, may be more resistant to kind of, I think what is the pernicious influence of like meeting quarterly expectations, you know, hitting your bonus targets every year and making some longer term choices because they just want to kind of have this thing, not necessarily grow exponentially, but just like survive and hum along and thrive for a long time and sit at the top of it.

25:58I think we'd all enjoy having a professional sports team in a studio and I can definitely understand that. You know, because you brought up tech and a lot of the investments and interest in Silicon Valley, I want to ask about AI. And I'm a lot more familiar with written content. There's been so much attention on AI replacing, improving written content through generative AI. Is AI impacting television? And could you imagine in three or four years hearing about a movie or a TV show where the script was entirely written by AI? Or is that just like a wild thing to think about? I don't think it's a wild thing to think about, but I don't think it's likely to emerge from the existing established entertainment industry.

26:47When it comes to the role of AI in entertainment, people have wildly varying opinions and wildly varying levels of fear. And even my opinion might change depending on how well I slept last night and how optimistic or pessimistic I was feeling this morning. We're definitely seeing the impact of AI on the margins in places where it's both a very sort of easy application and also where it's less threatening to the artistic community. Because one of the things that's really sort of a check on the deployment of AI in the industry is it freaks out the actors, the writers, the directors. It freaks out the crew.

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27:22And we are still a talent driven industry, a relationship driven industry. And so none of these companies want to alienate these creators who are really their lifeblood by diving in too hard into AI. But the places where you're seeing AI a lot are in post-production. So I've seen really amazing AI technology demos where instead of hiring foreign voice actors to re-record the dialogue in the local language, these AI tools can translate the original actor's voice and performance to another language, keeping all the same inflection, all the same vocal character. It sounds like that person talking.

28:00They speak with a perfect accent as though they were local, but it's actually the person's voice. I've seen those demos. Yeah, it's crazy. It's crazy. We did that with a friend of mine. It's like, that is his voice speaking Spanish. I couldn't believe it. And at the same time, we now have tech as a dish quality that it can change the video to change the lip movements to match. So no longer are you going to have this sort of stereotypical Bruce Lee kung fu movie experience of like the person's mouth is moving and then like comes out, you know, in a bathtub. That's kind of the early spot for it.

28:35There are also a few individual creators who are really trying to get in front of this and saying, OK, AI is here, whether or not we whether we like it or not. So it's on us to find ways to use it that we think are responsible and add value. David Goyer, a prominent writer and director, a guy who wrote the stories for the Dark Knight trilogy that Chris Nolan directed, among other things, recently announced an AI driven kind of crowdsourcing project, which it's AI and blockchain. So it's all the buzzwords that you need to sort of like attract the attention of lazy investors who don't listen past hearing AI and blockchain.

29:11If you just added climate change, you would get all of the venture money in the world. But the idea is he's created an initial kind of series Bible of around 20 pages, creating a sci-fi universe, some first characters, locations, setups. And he got friends of his who are writers to write more stories set there, who are painters, artists to create visual imagery. and they're feeding it all into their own AI learning model that is not trained on any public information, but just on the material that is being fed to it that is unique to this universe. And then the idea is to invite the community to come build up the universe with them.

29:49And you can have an AI tool that will tell you if the new story you want to tell or the new character you want to add, is it already there? Does it conflict with something that's going on? It's sort of like having your universe Bible, your keeper of the lore that can keep more information in its head and acts it more quickly than any one individual human ever could. The way that for shows like Game of Thrones or Lord of the Rings, there always has to be one person on the writing staff who has read every book 16 times who could be that person. Now that's going to be the AI chatbot. And then they're using blockchain so that the hope is eventually this thing is honed and honed and crafted and crafted and gets to the point that it does get made.

30:27It's a conventional TV show or a conventional movie. And then everybody whose contributions ended up impacting that final version will be tracked via the blockchain and have self-executing smart contracts that when the money comes in, it's distributed to everybody who contributed to the creation of that universe. Wow. Which is really interesting, really cool. The one thing I would point out about it is, so it's a way to develop TV shows and movies, right? Right. At the end, what you have is a TV show or a movie that still goes into the existing ecosystem of financing, producing, and distributing TV shows and movies.

31:01You sort of innovated the process of kind of building the creative. But I don't think that's where we have the most problem right now. I think we have the most problem in having a, you know, effective, sustainable, scaled way to finance, produce it. So it's cool. It's inspiring. And I think, I think it's there not just for kind of like, again, hard business reasons, but to say, there are ways that the creative community can own AI and make it its own. And I think that's what it represents. But to the thing I was saying at the beginning, I know it has been a little bit of a long walk of an answer.

31:31During the last set of strikes, especially with WGA, there was a lot of rhetoric coming from the unions, especially the writers who are seeking really specific protections against the use of AI in filmmaking or the use of AI in writing material. And the story being told was, you know, the studios hate writers, hate talent. They want to replace us all with robots. They want to automate all of this and cut us all out of the process. I think that was just terribly wrongheaded from day one. Like, yes, the studios are under tremendous amounts of pressure to find efficiencies. The studios will definitely find like the loophole and everything, the way to kind of like carve a most efficient path.

32:06But also on some level, everybody at these companies, mostly up to the very top, got into it because they have a certain romanticism about it. Like I said, this isn't the place to make the most money. If you want to, if you want to make the most money possible, go like own a ball bearing factory in Silmar and become like the number one producer in the world of something that the world needs billions of and only two people make. That's the way that you make a lot of money. You go into Hollywood because you care about artists. You care about stories. Maybe you're a frustrated artist yourself. The joke for executives is always that they have a screenplay in the drawer of their desk.

32:40I do not. I want to be very clear about that. I've never had my own screenplay. But it's an opportunity for people who maybe would have liked to be artists, but they didn't quite have the chops or they just didn't have the kind of risk tolerance to live that life to live and work in an artistic community even in these times that's always been true and it's a industry that has long deep historical ties with unions you know the wga goes back to the 1920s um sag and the dga go back to the 30s or 40s um yeah these can be sort of fractious relationships but they need each other they rise and fall together and also the studios themselves are heavily invested in all these legacy businesses, this is already a problem with streaming.

33:23They need to invest in the future without being the architects of their own destruction. Because as they do these new things, they're killing the things that are their economic lifeblood. These days, people talk about cable as a dead business. It's not a dead business. It's a dying business. That's a very important difference. And all the money that is being spent and for until recently, largely lost in streaming has been coming from cable as the cash driver of the industry. But you know what all the things I just said are not true about Microsoft, Google, NVIDIA, they have no romanticism. They have no historical relationship with unions.

33:58They have no historical relationship with talent. They have no legacy businesses that would be disrupted by going super hard into AI. And so I think when like that first big thing that comes out that is fully AI generated, it's going to come from the tech world or kind of come from like an individual who just sort of like paid whatever you need to pay for access to certain, you know, publicly available models. And it's not going to come from the conventional industry. And I also think that in the long run, I do think that AI technology will get to the place where it can replace B-level filmmaking.

34:33And there's a lot of B-level filmmaking, but I don't think it'll get to the place where it can replace A-level filmmaking. And maybe a fairly pessimistic, but like a floor to me of the industry is the movie industry becomes Broadway. You know, if you go back to before movies and definitely before TV, Broadway was culture in America. It was the entertainment industry. All the movies that were coming out of Hollywood in the 19th, 20th, 30s, they were largely based on, you know, some books, some stories, but a lot of stage shows. So it was also kind of the creative fuel of the early entertainment industry.

35:07And then movies became more prominent. And then when movies and TVs can't combine, now Broadway, it's still a billion dollar plus industry. There's still people who care deeply about it, but it's kind of a little bit niche. It's a little bit more for enthusiasts. It's much more geographically kind of localized in certain urban centers. It's got a very passionate community, but most people are like, ah, why do I need to pay 70 bucks to go sit in a playhouse for three hours? I could just watch the thing on TV. I think if we look 20, 25 years in the future, that may be a version of what Hollywood's future looks like.

35:41And by asking us, there's a little bit of a setup here. So I'm a marketer. I spent a lot of my career in advertising and marketing. And so we're taping this around the Super Bowl. So when I see the Super Bowl ads, yes, I'm watching them to enjoy them. But I'm also thinking to myself, why are they making these advertising choices? Why are are they advertising? And so I'm curious as what are you watching? What are you reading that you're really interested in understanding? Maybe watching, but why are they doing it? And you might be invested in its success in some way or another, just on where you hope the industry will go.

36:23So in terms of what am I reading or watching as industry analysis, if that's the question? Yeah, I guess so. I guess so. For most Hollywood insiders, most of us subscribe to Matt Bellany's newsletter, What I'm Hearing on Puck and Listen to His Podcast, The Town. It covers a lot of broad topics about the entertainment industry and does it in a way that is designed for appeal to both insiders and kind of curious outsiders. the newsletter is a little bit wonkier than the podcast most people in the business regularly read one to three of the trades out of deadline variety and hollywood reporter of course all three are now owned by the same people which is a very bad thing but we don't need to go into like deconstruction of the industry trade press um i uh will also sometimes look at things like ad age to understand the ad market and the cable market uh specifically every bit of information you get it as soon as you get it, it's kind of wrong.

37:20It's rendered obsolete very, very quickly. When it comes to advertising, you know, I think advertising is coming back in a big way. In the early years of streaming as a product, starting with Netflix kind of, quote unquote, inventing the streaming service as we understand it, they really had to differentiate themselves from TV because they had to instill in consumers a new behavior to pay them narrowly at the time, like$10 a month for one service. That wasn't a thing that happened. Even in 2013, when House of Cards came out, the closest thing you had to that was paying an extra$10 or$15 a month for HBO on top of your existing cable subscription.

37:58But a unmediated direct-to-consumer relationship didn't exist. And so you had to justify this new behavior. And so a lot of the things that we associate with streaming were kind of product choices that were made, not necessarily because there was great data or insight to support them at the time, because there was no data or insight to support them at the time, but to say, we're not TV, we're something better. We don't have ads. We do binge releasing so you can enjoy everything at once. You know, everything we make is expensive and beautiful and glossy and well produced. All of these things are kind of changing because I think everybody's now getting to the point where it's like, yeah, we were kind of TV all along.

38:34now that everybody's used to paying. And also now that these streaming services are also being rebundled both with each other and with traditional cable packages. So, you know, Warner Brothers recently extended its carriage deal with Charter to keep TNT and TBS on the Charter cable system for subscribers. And there was a broad expectation that it was going to go very poorly for Warner Brothers because TNT had lost the NBA. And the NBA was one of the things really driving viewership and driving value. And so the fear was like, how big of a hit are they going to take to the carriage fees that they get for that?

39:09They ultimately managed to stay flat. But one of the ways they did that was by giving Charter the right to bundle Mac subscriptions. So the traditional cable and satellite companies, knowing that I think that they just can't win like a head on two services entering, one service leaves, war with streaming, are looking to integrate streaming into their offerings to capture the streaming interest. I get my Mac subscription through YouTube TV. And YouTube TV is really just cable. It's a nicer interface. It's more reliable. That's right. You know, like it's got the excellent product design of Google, but it's cable.

39:47And I'm very casual. Like, it's okay to say that streaming is TV. TV was great. TV is great. It's okay to say that, you know, these virtual MVPs are cable. Cable had problems. But I think one of the reasons why things are re-bundling and these bundles are coming back is people are discovering that maybe they like the bundle better than they thought that they did. And the analogy that I always use is if you don't like to pay for services you don't use for channels you don't use, you only pay narrowly for what you use. You want to go from a bundle product to an unbundled product. Let me refer you to air travel.

40:17You used to buy a seat and it came with two check bags, an overhead bag, your meal, your drink, your blanket, your headphones, even if you use two out of eight of those things. And today, again, inflation has affected this somewhat. But if I was making this point, maybe a year and a half ago, adjusted for inflation, air travel was the cheapest it had ever been in a generation and a half. But did anybody feel like it was cheapest or anybody feel like it was the best product experience? There's a lot of social psychology research that just consistently makes the point that people are very, very bad at knowing what will make them happy.

40:51And people think they want choice, but they actually don't want that much choice. They want very prescribed choice. And people think that they want to, you know, pay narrowly for what they want. But that creates a psychological burden. Like I love Top Chef on Bravo. And I watch nothing else on Bravo. So I watch one hour a week, 15 weeks a year of Bravo. And that is the entirety by Bravo consumption. I don't want to have to ask myself, is that worth $8 a month to me to add Bravo just to have Top Chef? And do I need to remember to cancel it at the end of the season or the beginning of the season?

41:21It's a comfort to me and a convenience needs to be like, it's there when I want it. That can be taken too far. And you can have things that are too much stuff that people don't need. But I think what the other thing people underestimate that goes even farther than the air travel analogy is bundling is in part what lets niche content exist. If you can bundle things that are three people's favorite thing, and seven people like I don't know, or I don't care a lot with something that is 10 people's like, I medium like it, you can create a financial subsidy that allows it to exist, that if you just have to sell that thing on its own, and there were only three people who were interested, it would not stand on its own feet economically, but the culture would be poor for it.

42:03And the people who are truly passionate about that thing who get a really extra, you know, elevated level of joy of pleasure from it would not have access to it. If everything has to be sold on its own, then everything has to appeal equally to everybody and you move towards genericness. And when people complain that content feels too mid, content feels too generic, I think that's what they're experiencing. Totally. Ken, thanks so much for talking with me today. This has been a great, great conversation. I learned a lot. My pleasure.

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From the publisher
Episode 83: Meet Ken Basin, entertainment lawyer and author of The Business of Television. Today, he breaks down the economics of Hollywood, the rise and fall of cable, and what’s next for streaming. Learn how networks decide which shows survive, why actors are making millions per episode, and how AI is already changing the industry. Plus, Ken shares insights on where Hollywood is going.

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