The EU Theatrical Window Debate in a World Where Windows Work

As the dust settles on the post-pandemic era, it’s become clearer than ever that theatrical windows work. While the optimal exclusive theatrical window has changed, the benefits it brings to the blockbuster bottom line has not. Yet we are still seeing strong kickbacks against the mandatory windows prescribed in some areas of the EU. Brandon Blake, entertainment attorney at Blake & Wang P.A, looks deeper into the issue.

The Value of the Exclusive Window

The summer 2022 theatrical slate has been packed with something we haven’t seen for a long while- the old-fashioned blockbuster. And as hits like Jurassic World and Top Gun have proven, the big bottom lines come with exclusive theatrical windows. While we did see a period in 2020 where the entertainment world thought streaming was the sole path forward, it’s become abundantly clear that a mixed model, with theatrical exclusivity and future streaming allure carefully balanced, is where the real profit lies. The theatrical exclusivity not only brings in front-loaded profit, it also sets up the momentum needed for a successful (and lucrative) streaming release. 

Big franchises, especially, struggle to set up traction in the streaming space. Audiences have proven willing to return to the theatrical space, and we’ve even seen Wall Street fall out of love with the streaming subscription model. We’ve also, in the shaky post-pandemic initial return to the theater, established that the sweet spot lies not in the original 75-to-90-day window, but in a crisper, shorter 45-day window.

The EU Battleground

However, just as it seemed the arguments around windowing correctly in the post-pandemic era were settled, Italy and France have emerged as a new battleground. France, particularly, has a strict 4-month window set on all releases. Italy is more flexible but has announced a mandatory 90-day window going forward.

In France, pay-TV gets precedence over streaming, allowed to show films six months after their movie bow. There’s also a free-TV window in play in French legislation, meaning newer films must be removed from all streamers for a window, typically 22-36 months after their theatrical release.

We’ve recently seen Disney push back hard against these enforced limits, which would mean a movie could not head to their streaming arm before 17 months post release. Strange World, set for release in November this year, will not get a theatrical release in French territory at all. 

Admittedly, for streamers and studios looking to boost their worldwide streaming traction, the French restrictions can add a thorn in the path of global rollouts and marketing. We see this with Doctor Strange in the Multiverse of Madness, which has gone to Disney+ as of June 22nd everywhere globally except France, where it must wait until October 2023. With such a delay for one, smaller, market, it may well make sense economically to skip French theaters altogether. Yet, if that happens, it’s going to have a real effect on the box office overall.

Currently, the only bypass lies in streamers being willing to invest more money into local French cinema. Netflix has already done this, pledging $45M a year to support indie French films in return for a shorter theatrical window and the ability to stream after 15 months. In a way, it’s pay-more, get-more. You can jump the line if you have a bigger investment.

The rest of the EU is less draconian, allowing case-by-case windows or only enforcing set windows for films leveraging government subsidies. All the same, the EU regulations do seem shortsighted. Most of the industry does not want longer windows- they’re of little value to cinemas, and actively hurt streaming.

For now, this remains the last theatrical window battleground. Will we see compromise here as the wider industry recovery continues? It’s too early to tell, but it will be intriguing to see.