Question for FilmTVLaw.com:

I’m hoping you can answer a question for me that I posted earlier about TV pitching season this year. Given COVID and everything, what about pitching season this year and when is a good time to get projects to networks?

Answer by Brandon Blake, Entertainment Lawyer:

Thanks for a great question about television pitching season and the effects that COVID had on the TV schedule this year. We are busy representing scripted dramatic series and reality series to networks and streamers and are getting projects picked up right now. In addition to this article, I share more than a hundred in depth entertainment industry articles on my website at https://filmtvlaw.com/entertainment-lawyer-qa.

Pitching Season 2020

I can say from personal experience and on behalf of clients I am representing to networks and streamers, that this is definitely prime time for pitching season this year. There are some very practical reasons that I believe that pitching season is going to go later this year than usual, and I am going to make some very specific predictions about the type of series that will be picked up. All in all, it’s good news for independent and first-time producers and writers.

Virtual Upfronts

Earlier this year the annual network Upfronts went virtual, for obvious reasons. The effect was that less long-term deals were signed, with a lot of major advertisers making short term, quarterly ad buys rather than going all-in with upfront commitments.

What could all that possibly have to do with television producers and writers? Well, the production and development budgets of networks and many major production companies are coming from those advertisers. Scatter Unit Pricing, which is the cost of buying network ads on a rolling basis rather than “upfront”, is substantially higher, so the Networks are bringing in plenty of money. But that money is on a quarterly basis, with less long-term commitment than in years passed.

That equates into the Networks pursuing more short series, a larger number of lower budget series that can be produced quickly, and most likely fewer renewals for long running series. I have been noticing that all year long as fewer existing series are getting renewed, and some are being renewed, and then cancelled before production restarts.

The Numbers

So how much are Networks making for a prime-time 30 second ad? Earlier in the year the average scatter prime-time pricing for the major networks was $144,584 per 30 second ad, while the cost of Upfront ads was $83,171. That is quite a spread, and this is the reason why Networks have done fine as advertisers switched to short term ad buying. And all of that short term buying by advertisers is having some positive impact for our clients.

First Time Creators and Reality TV

Two trends I see continuing this year are the rise in demand for first-time creators with new series, and the continuing expansion of reality television. First-time television creators and executive producers are getting a bump because odds are, the series are going to be less expensive, and they will be happy with a six to twelve episode run. Additionally, the diversity programs and incentives that every network and platform has set up, many of them this year, are going to tend to favor new series creators.

And for reality television, the per episode cost is much lower and production takes less time, so the Networks can order series and get deliveries with shorter lead time. Since the launch of so many streaming platforms earlier this year was already pushing up demand for reality content, this is the perfect time to get reality television produced.

Streaming Platforms

To some extent, streaming platforms have already gone to a year-round, rolling pitch season. The reason is because they are not subject to the dictates of ad buyers, although Amazon Studios, Hulu, and Peacock all have certain content that is being paid for by advertising.

Additionally, companies like Disney, who have subscription streaming on Disney Plus but also own ad supported networks including ABC and Fox, are going to continue to be influenced by ad buying cycles, even if they have some subscription-only platforms.

For that reason, trends with Upfronts and ad buying tend to influence all of the development decisions at streamers, even if only to the extent that everyone has to compete against ad supported content, even on a purely subscription platform.

Our entertainment law firm does pitch dramatic television series and reality series directly to major networks and streaming platforms. Feel free to contact our firm about film or television packaging and representation services. As with all complex entertainment matters, please seek experienced entertainment legal counsel before making legal and financial decisions. This article is for informational purposes only and does not represent legal, accounting or tax advice. Do not act on this article without hiring legal representation.

- By Brandon Blake, Entertainment Lawyer