Amazon.com Inc's deal to purchase streaming movies from cable
network Epix could transform the way such deals are done, thanks to a
pay-for-performance sweetener that had not been previously disclosed.
According
to an executive directly involved in the deal, Amazon agreed to an
earn-out provision payable to Epix over time if the number of
subscribers to Amazon's Prime Instant Video service rises above a
certain threshold. That comes in addition to a fixed upfront fee, the
basis for most subscription video-on-demand deals up to this point.
The
generous terms of the deal, announced in September, provide the
strongest evidence yet that Amazon is willing to pay up to be a player
in this market as it faces a dwindling demand for DVDs - once its core
entertainment offering - and tough competition for its Kindle Fire
tablets.
Film studios and TV network executives, meanwhile, now
have a worthy foil to play against Netflix - once the only major
streaming player - and possibly a template for future deals.
"This
could be considered online video deals 2.0. After doing 1.0 deals
mostly with Netflix and a few with Amazon, it dawned on the media
companies that they may want to get a piece of any future growth too,"
said Goldman Sachs media analyst Drew Borst.
The deal with Epix - a partnership between Hollywood studios Paramount Pictures, Metro-Goldwyn-Mayer, and Lionsgate
- was structured so studios could capture any rapid Prime Instant Video
growth, according to the executive involved in the transaction.
Amazon did not respond to a request for comment on details of the deal. An Epix spokeswoman also declined to comment.
But
Epix Chief Executive Mark Greenberg did say of Amazon: "Internet
delivery of content is a way in which a new, emerging younger audience
wants to view content, and they know they can be a significant player in
the space, we are happy to help them get there."
Epix previously had a deal with Netflix ,
which had been paying $200 million a year since 2010 for exclusive
rights to the network's movies. When that exclusivity period expired,
Amazon swooped in and quickly struck a three-year partnership to add
about 3,000 movies from Epix to Prime Instant Video.
The
deal sent a message that Amazon, which has not had a reputation for
paying richly for anything, was serious about its digital video
ambitions and was willing to spend hundreds of millions of dollars to
secure content.
"There are times when it's frugal to make big
productive investments," said Roy Price, head of Amazon Studios,
Amazon's Hollywood studio. "When there are opportunities to do that we
will do that."
Hollywood's new best friend
The studios are going to benefit.
"Hollywood
loves it because they can say Amazon is paying us X and we want more
from you," said Michael Pachter, an analyst at Wedbush Securities in LA.
"It's a club they can use to beat Netflix over the head."
A Netflix spokesman declined to comment on the structure of its content deals.
"We
never thought that we were going to operate without competition," Ted
Sarandos, Netflix's chief content officer, said during an investor
conference last month. "We were surprised that it has taken this long
for anyone to really emerge in a meaningful way."
Amazon's Prime
Instant Video service has more than 25,000 titles now, but that is still
about half the number available on Netflix.
In addition to
Netflix, Amazon also competes with Hulu, run by Jason Kilar, one of
Amazon's former executives, which has a subscription video service
called Hulu Plus. Earlier this year, Comcast Corp launched a rival
called Streampix and Verizon and Coinstar's Redbox are expected to
launch a competing service soon.
While
Amazon's streaming deals cost less than Netflix's in raw dollar terms,
it pays more on a per-subscriber basis, according to media executives
and Wall Street analysts.
Amazon offers its
streaming-video-on-demand service (SVOD) as a feature of its Prime
program, which charges $79 a year in the United States for free two-day
shipping on most products the company sells.
The company does not
disclose subscriber figures for its Prime service. But some media
companies that have done streaming video deals with Amazon have seen the
data. One executive who has seen the figures told Reuters Amazon has
about 9 million Prime subscribers. Prime Video subscribers - Prime
members who have used the streaming service - total between 3 million
and 4 million, this person said.
Netflix's larger customer base -
it has about 25 million streaming video subscribers in the United States
- means its total cost in licensing deals is typically higher than
Amazon's, said the executive. But Amazon's cost basis, when adjusted for
subscribers, is typically higher since its customer base is smaller.
Amazon
does not disclose how much it pays for content. Barclays analyst
Anthony DiClemente estimates that Amazon spends about $1 billion a year
on content for its streaming service while Netflix spends close to $2
billion a year.
Netflix shares dropped as much as 11 percent the day Amazon's Epix deal was unveiled, although they have recovered since then.
Netflix
stock jumped more than 10 percent on Monday after Morgan Stanley
upgraded the company, saying Amazon was unlikely to separate its
streaming video subscription service from its broader Prime offering,
making it less of a direct competitor.
However, keeping Prime
Instant Video packaged with its Prime shipping program will help Amazon
pay more for video content, because it can subsidize content costs from
profits made when Prime customers buy more physical products through the
company, Wedbush's Pachter said.
The importance of Prime
Amazon,
which ranks as the world's largest Internet retailer, has been a
leading purveyor of DVDs, but sales are falling as more viewers download
and stream video instead.
The downward spiral of DVDs sales dovetails with Amazon's face-off against Apple Inc
in tablet computing. Amazon is pricing its Kindle Fire devices lower
than Apple's iPad with the aim of using it as a loss-leader to generate
profit from the products and services consumers buy on its site,
including digital movies, TV shows and books.
That means that gaining access to digital movies and TV shows is crucial for Amazon's future.
Since
the middle of 2011, Amazon has announced streaming video deals with
more than 10 media companies, including NBCUniversal, part of Comcast,
News Corp's Fox, and ABC, part of Walt Disney Co .
Amazon
has been selective about which content it will buy, in contrast to
Netflix, which has opted to pursue a broader range, according to media
executives who have done deals with both companies.
"The fact that
they have spent a lot of money on a few things has been very
interesting," said Netflix's Sarandos during last month's investor
conference. "We're obviously keeping a good eye on it."
Commodity concern
Some media companies are treading carefully with Amazon, though, given its track record of driving prices down.
In
the book and e-book market, where Amazon grew to be the dominant
player, it has battled publishers for the right to set its retail prices
below wholesale.
Amazon will have more difficulty commoditizing
movies and TV shows because it is competing for content with a growing
list of streaming video on demand rivals. And Hollywood controls how and
when its content is distributed more tightly, with big-budget films
traditionally heading to theaters first, followed by DVD and pay TV.
For
example, one media company has short-term agreements with Amazon that
allow for quick exits if the deal does not go according to plan, said an
executive.