Nothing wrote:
Nick, as far as we know, is intending to do this, whereas the BFI have failed to do so and it now seems you want to spin this any way you can to justify that position.
OK, just to get things absolutely clear, I'm not "spinning" or even speaking for the BFI's position: I'm writing as a freelance DVD producer who's spent nearly twenty years either working directly for, closely liaising with, and being personal friends of a great many rightsholders and distributors. It just so happened that you posted your original diatribe in a BFI thread, but I'd have said the same thing if you'd posted it elsewhere (and I've already suggested to the mods that they move this discussion).
In any case, "that position" is held by far more distributors than just the BFI. Criterion, for instance, have said that they're going to region-code their Blu-rays - and I think we can be pretty sure they're going to follow through on that promise, since they've region-coded pretty much all their DVD releases for the past two or three years. (There's also no reason for them to lie about this, any more than there's a reason for a distributor voluntarily region-coding their product if they hadn't been compelled to do so by others).
This is pure guesswork (albeit educated), but I suspect a key motive behind Criterion's decision is that having gone to the considerable expense of creating new HD masters, they'd quite like the option of being able to licence them elsewhere - so there's a lot to be said for strategic pre-emptive region-coding, regardless of whether their original rightsholder asked for it. (Just to deflect the obvious riposte, this is not - to my knowledge, anyway - what's happened with
Red Desert, where the region coding was imposed by the rightsholder)
As for your individual numbered points:
1) The kind of pan-European co-operation you're talking about usually involves a single company creating the master, at considerable expense to themselves, which they then either license to others or (more likely) distribute themselves because they're big enough to have outlets in multiple territories. In a situation involving, say, Warner Bros or Disney, the economies-of-scale argument works beautifully, because they don't have the contractual complications faced by an independent.
However, when you deal with an independent release, you're immediately faced with a double problem. First of all, who's going to pay for this all-singing all-dancing multilingual master and all the associated extra costs? It's a classic chicken-and-egg situation: do you try to licence the distribution rights upfront, and get less money because the distributors will expect a lower fee in exchange for gambling on not seeing the end product in advance, or do you create it anyway in the hope that it will be so wonderful that people will be falling over themselves to licence it? And if the rightsholder and distributor are separate entities, as is usually the case, who takes on the role of coordinating all this?
Secondly, and more fundamentally, many projects will have multiple rights holders at source. In order to create a genuinely pan-European disc, all these rightsholders are going to have to be in a position to licence their content across multiple territories for the same period. If an item has been licenced anywhere else within the projected release area, you either have to wait for the contract(s) to expire or, more likely, drop it - which isn't especially constructive if the release is intended to be definitive and completist. To complicate matters further, the producer may have licenced the item to several rightsholders, so a distributor in a second territory will have to negotiate independently to find out whether the pan-European master is distributable. (I'm writing from experience here: a planned Anglo-French deal I was involved with collapsed for that reason, as a handful of items that I was able to licence were locked into a different French deal).
And even in situations where there is a genuine multilingual master, you'll often find its owner insisting on regional modifications to prevent distributors encroaching onto their own territory. When I was sent review copies of Nouveaux' DVDs of various Soviet war films, I immediately spotted that the masters came from Ruscico - yet my Ruscico discs had trilingual menus and a dozen subtitle options, but Nouveaux's discs featured just English and Russian, and if you selected spoken Russian you got forced English subtitles. I somehow doubt that this was Nouveaux's decision.
2) Unfortunately, this argument ignores (or evades) several crucial factors. First of all, unless the film is a surprise blockbuster, licensors generally make most of their money upfront, so expecting them to allow (even tacitly) a single distributor to market their film internationally while only charging them the licensing fee for their own territory... well, hopefully you can see the problem here. Secondly, if they increase their minimum guarantee for the reasons you suggest, surely their other potential distributors are going to say "Hang on a minute - why are you asking us to pay more when you've already allowed these people to encroach on our territory and cream off potential customers?" And thirdly, don't you think that a model that seems to be reliant on double-dipping is just a tad optimistic?
You don't actually provide a number (3), but I'm guessing it's the paragraph beginning "But, of course, this is not really how it works." - which helpfully raises another point that complicates the creation of a pan-European master - namely, local factors. In Britain,
A Ma Soeur! had to be cut for legal reasons (context doesn't provide a defence in law when dealing with unsimulated sexual material involving people under age) - neither Tartan nor indeed the BBFC could have done much about this (since the BBFC is statutorily required to ensure that video releases don't contain illegal material).
4) Well, this is the time-honoured blackmail argument: "you won't give us what we want, so we're going to take it anyway!". But what exactly are you proposing? That the rightsholder and associated distributors go to the considerable extra expense of creating a universal master and co-ordinating a simultaneous release, on the off-chance that the extra costs incurred might be offset by less piracy?
As for your final paragraph, your comment about "American protectionism" highlights an issue that we haven't yet raised - which is that the US market is vastly bigger than the British one. Which, I suspect, is a key reason why European rightsholders are often minded to insist on region coding, because the last thing they want is for a US distributor to use it as an excuse for either not going ahead with the deal at all or trying to negotiate a lower fee.
And I'll conclude with another point. You seem to be arguing that distributors should try to screw rightsholders to the wall, but this ignores the fact that any distributor worth its salt will have a longstanding
and ongoing relationship with particular rightsholders - it's why some companies effectively get first refusal on lucrative titles. Why would they want to potentially jeopardise a good working relationship by being unreasonable over region coding? (Bearing in mind that it is clearly
not unreasonable in a commercial context for the rightsholder to insist that a distributor take demonstrable steps to stick within its own territory)