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DreamWorks Animation Feels Sting of Weak Opening for \'Rise of the Guardians\'

Despite getting kicked around by analysts after the disappointing arrival of its “Rise of the Guardians,” DreamWorks Animation made it through trading on Monday without serious damage to its stock price.

“Rise of the Guardians,” a $145 million adventure starring Santa and other childhood fantasy figures, took in $32.3 million at the five-day Thanksgiving box office, the worst opening for a DreamWorks Animation movie since 2006. Investors punished the company's shares, but only moderately: $17.11 was the closing price, a decrease of a little more than 5 percent from the start of trading.

In 2010, when “How to Train Your Dragon” had a slow start - with a three-day opening total of $43.7 million - DreamWorks Animation shares dropped 9.2 percent.

The “Dragon” sell-off may have taught investors a lesson: that film recovered to take in a respectable $495 million worldwide, in part because of stellar reviews; two sequels are now in the works, and the company has created a spinoff “Dragon” television series and arena show.

DreamWorks Animation also pointed out that holiday movies like “Guardians” tend to start slowly but play for a longer period, noting the initially disappointing Warner Brothers movie “The Polar Express” from 2004 as one example.

The good news for Hollywood: Even with the lackluster performance from “Guardians,” overall ticket sales and admissions in North America were way up this Thanksgiving when compared with the last. Powered by “Skyfall,” “The Twilight Saga: Breaking Dawn â€" Part 2” and a stronger-than-expected “Life of Pi,” total box-office sales for the holiday weekend stood at about $200 million, a 30 percent increase over last year.

Brooks Barnes writes about Hollywood with an emphasis on Disney. Follow @brooksbarnesnyt on Twitter.



Village Roadshow Extends Partnership With Warner Brothers

LOS ANGELES â€" Whatever the future brings for Warner Brothers, Village Roadshow Pictures Group will be a part of it.

Roadshow, a film production and financing company, said on Monday that it had extended its expiring partnership with Warner until at least 2017. Roadshow also said it had renewed its financing facility until 2017 and upsized it to $1.125 billion.

Warner, which is Hollywood's largest movie and television studio by volume, has a lot of matters up in air, including who will succeed its retiring chairman, Barry Meyer, and whether Legendary Entertainment, an important Warner producing partner (“The Dark Knight Rises,” “The Hangover”), will change its affiliation; Legendary's deal with the studio expires next year.

Roadshow, whose movies include the “Sherlock Holmes” series and the “Matrix” franchise, will now be able to make six to eight movies a year; in recent years the company has been delivering as few as two movies a ye ar because of financing difficulties exacerbated by gloomy financial markets. Coming Roadshow films include “The Great Gatsby,” “Gangster Squad” and “Lego: The Movie.”

“We believe in a healthy mix of different budgets and different genres,” said Bruce Berman, Roadshow's chairman and chief executive. “Our strategy is portfolio, portfolio, portfolio.”

Placing a half-dozen or so movie bets a year gives Roadshow room to fail: if any one picture in the portfolio flops, the others can prevent a washout. Last year was rough on Roadshow because its two films essentially canceled each other out. “Sherlock Holmes: A Game of Shadows” hit big, but “Happy Feet Two” flopped badly.

Greg Basser, chief executive of Roadshow's parent company, Village Roadshow Entertainment Group, noted a renewed willingness by banks to finance movie slates â€" if the amount of risk is right.

“We're back to the days in banking when track record and experien ced management make the difference,” he said.



Can Oprah Maintain Her Empire Without a Talk Show?

Christine Haughney discusses her article about Oprah Winfrey's recent struggles to manage her media holdings with Amy Chozick, corporate media reporter, and David Gillen, deputy business editor. Without the platform of a daily talk show, Ms. Winfrey has found it hard to keep up the same level of interest in her magazine, cable network and satellite radio channel.



Digital \'Upfronts\' to Be Given New Leadership

The Interactive Advertising Bureau, a trade organization for the digital advertising industry, announced on Monday that it would lead the second annual Digital Content Newfronts in April. The conference takes its cue from the television “upfronts” in May, when broadcast and cable networks show off their new offerings to advertisers.

The conference's founding partners include AOL, YouTube, Hulu, Microsoft, Yahoo and Digitas, a digital advertising agency that is part of the Publicis Groupe. All of the founding partners gave presentations last year, as did some organizations more accustomed to the traditional television upfronts - like MTV, Oxygen and Syfy - who were trying to secure digital advertising dollars.

Digitas has organized digital upfront type events since 2008, while making its own large presentation last spring under the newly branded event, Digital Content NewFronts.

But having Digitas in such a major role raised questions about the ability to expand the event, said Randall Rothenberg, the president and chief executive of the I.A.B.

“The impression that it was owned by a single agency looked like it would impede future growth,” he said. “They wanted the optics to be much more inclusive of the broader digital ecosystem.”

Presenters participating next year must meet three criteria, Mr. Rothenberg said. They must create original digital video content that is distributed online, not just repurpose what runs on, say, television. Presenters must also have a video advertising sales force and must show strong demand for the company's content.

Mr. Rothenberg said his organization would charge a fee to participants that would then go toward research and the other I.A.B. projects.

The Digital Content NewFronts will be held April 29 through May 3 in New York City.

Tanzina Vega writes about advertising and digital media. Follow @tanzi navega on Twitter.



Guest on Fox News to Discuss Benghazi Attack Is Given a Quick Exit

Thomas E. Ricks, the veteran defense reporter and author, said he expected his Monday morning appearance on Fox News to last about three minutes. It ended, in fact, after 90 seconds - his last sentence was a description of the network as “a wing of the Republican Party.”

After the interview, a Fox News staffer told Mr. Ricks that he had been rude.

The strange and unusually short interview segment quickly gained the attention of media critics, since criticism of Fox News is rarely aired on Fox News. Mr. Hicks said in an e-mail message afterward that he did not think he was being rude. “I thought I was being honest,” he said. “They asked my opinion, and I gave it.”

The topic was the attack on the United States's diplomatic compound in Benghazi, Libya. Before being thanked and sent on his way, Mr. Hicks said that he thought the controversy around the attack was “hyped, by this network especially.”

Fox News has devoted far more airtime to the events in Benghazi, on Sept. 11, than other television news networks, with numerous suggestions that the Obama administration is engaged in a cover-up. Erik Wemple of The Washington Post and the anti-Fox group Media Matters, among others, have documented the ups and downs of Fox's reporting on the subject.

“Right now, pressure mounting on the Obama administration over its response to the deadly attack on our consulate in Benghazi,” the Fox anchor Jon Scott said before tossing to Mr. Ricks, a former Washington Post and Wall Street Journal reporter whose latest book, “The Generals,” was published last month.

After Mr. Ricks said that he thought that “Benghazi generally was hyped, by this network especially,” Mr. Scott homed in on the wor d “hype,” asking, “When you have four people dead, including the first U.S. ambassador in more than 30 years, how do you call that hype?”

Mr. Ricks answered, “How many security contractors died in Iraq? Do you know?”

Mr. Scott said he did not know.

“Nobody does, because nobody cared,” Mr. Ricks said. “We know that several hundred died but there was never an official count done of security contractors dead in Iraq. So when I see this focus on what was essentially a small firefight, I think, No. 1, I've covered a lot of firefights, it's impossible to figure out what happens in them sometimes. And second, I think that the emphasis on Benghazi has been extremely political, partly because Fox was operating as a wing of the Republican party.”

That was the end of the segment.

“Alright, Tom Ricks, thank you very much for joining us today,” Mr. Scott said before his co-anchor tossed to a commercial break.

Mr. Ricks said in h is e-mail that “I think the segment was about half as long as planned.” In the pre-interview with the producer in charge of the segment, Mr. Ricks expressed his point of view that the Benghazi controversy had been over-covered, “so they shouldn't have been surprised when they pushed back on that, and I defended my position,” he said.

The producer, whom Mr. Ricks did not name, told him beforehand that he'd also have a chance to talk about the lack of combat readiness of some Army units, a subject he wrote a blog post about last Friday. “But they seemed to lose interest in that,” he said.

Mr. Ricks added, “One reason I spoke the way I did is that the hero of my new book is George Marshall, the Army chief of staff during World War II. He got his position by speaking truth to power, and I try to follow that example.”

A Fox News spokeswoman did not immediately respond to a request for comment about whether the interview segment was cut short.

Brian Stelter writes about television and digital media. Follow @brianstelter on Twitter and facebook.com/brianstelter on Facebook.



The Breakfast Meeting: Oprah Attempts to Right the Ship, and Libel Comes to Twitter

The end of Oprah Winfrey's daily talk show a year and a half ago has taken a toll throughout her media empire, which includes a magazine, a cable TV network and an XM satellite radio channel, Christine Haughney writes. As Ms. Winfrey put it in an interview: “Obviously, the show was helping in ways that you know I hadn't accounted for.” Still, there are signs of stability at the network. A new focus for Ms. Winfrey has been to lead her magazine - O, The Oprah Magazine - to a younger audience. Introduced in 2000, the magazine took off immediately, but its median audience age of 49 is significantly higher than some other women's magazines.

  • By contrast, Martha Stewart has found some rare good news for her media empire among young people. A growing following has emerged, Christine Haughney writes, in entrepreneurial 20- and 30-somethings who seek Ms. Stewart's advice on pickling, cupcakes and crafts. In the words of Pilar Guzman, editor in chief of Martha Stewart Living magazine, the magazine inhabits “the intersection between Colonial Williamsburg and Williamsburg, Brooklyn.”

The fallout from a false report by the BBC that accused a former Tory politician of sexual abuse of a child is now extending to Twitter users, Eric Pfanner writes. If social media sites like Twitter make everyone a publisher, the former Conservative politician involved, Alistair McAlpine, is determined to introduce them to the idea of libel law. On Friday, a spokeswoman for the politician said his lawyers had identified 20 “high-profile tweeters” from whom they were seeking libel damages; Twitter users with fewer than 500 followers are being encouraged to apologize through an online form and make a donation to charity. (The BBC already settled with Mr. McAlpine for nearly $300,000.)

A detailed look at the man responsible for the incendiary video “Innocence of Muslims” finds a slippery character, whose legal name is even difficult to pin down. Michael Cieply and Brooks Barnes go with the name the authorities have used, Nakoula Basseley Nakoula, though they discovered that the last of many name changes came in 2009, to Ebrahem Fawzy Youssef - a fact that his lawyer said was news to Mr. Nakoula. Among the deceits involved in making the “film” - which led to protests in the Middle East after it appeared as an 11-minute video excerpt on YouTube - were not telling the actors that they would be depicting Muhammad and his relations; and a yearlong absence he said was for cancer treatment that overlapped a year in prison.

In the recent conflict between Hamas and Israel, journalists became a target, David Carr writes, a troubling development in what has been a deadly year for journalists. Three journalists killed in Gaza by an Israeli missile strike included cameramen for Al-Aqsa TV, which is run by Hamas, whose car was clearly marked with the letters TV. (The car just in front was carrying a transla tor and driver for The New York Times.) Israeli officials have said Hamas was using journalists and their operations as “human shields.” International journalist organizations condemned the attack, insisting that even reporters with a clear advocacy role should be respected. Mr. Carr writes:

A distinction needs to be made. The battle over ideas - over who owns the truth in a given conflict - should be fought with notebooks and video cameras, not weapons of war.

The abrupt departure of Kevin Clash, the puppeteer behind the Elmo character, will leave a pronounced gap among the tight-knit group of no more than two dozen performers and puppeteers who produce “Sesame Street,” Elizabeth Jensen writes. Mr. Clash's resignation last week, which came after accusations that he had sexual relationships with minors, took place during a hiatus in the taping of the show. When the staff members return, a therapist is expected to be on hand, and t here will be much scrambling to fill the many roles Mr. Clash filled (on screen and off) during the tapings.

 



Congressional Proposal Could Create \'Bubble\' in Tax Code

The coming Congressional debate over fiscal policy is sure to feature a wide array of proposals, some of which would hit certain taxpayers harder than others.

But one idea being floated by Congressional negotiators, as described by The New York Times's Jonathan Weisman on Thursday, is hard to defend from the standpoint of rational public policy making.

Its arithmetic could require that the 300,000th dollar of income was taxed at a rate of about 50 percent â€" even while the three millionth dollar of income, or the three billionth, was taxed at a lower 35 percent rate instead.

The math behind these calculations is not all that complicated. It's just a matter of understanding how marginal tax rates work.

Take an American who earns $400,000 in taxable income. (This is roughly the threshold at which a taxpayer reaches the top 1 percent of households.)

The top marginal federal income tax rate is now 35 percent, and kicks in at earnings above $388,3 50.

Someone making $400,000 is above the $388,350 threshold. Does this mean that she'd be taxed at a 35 percent rate on all $400,000 of income, meaning that she'd owe the government $140,000?

Not under current law. Instead, only a small fraction of the taxpayer's income â€" the $11,650 she earns after she's already reached $388,350 â€" is taxed at the top 35 percent rate.

This is because the tax rates are applied on a marginal basis. For every dollar that a taxpayer earns up to $8,700, she owes the federal government 10 cents in taxes - regardless of how much money she makes thereafter.

The government then taxes 15 cents of every dollar once the taxpayer reaches $8,701 in income, and continuing until she has earned $35,350. There are several more steps in the scale until the taxpayer reaches the top marginal rate.

Because tax rates are applied in this way, a taxpayer making $400,000 would owe about $117,000 in federa l taxes, or about 29 percent of her earnings - rather than $140,000 if all her income had been taxed at the 35 percent rate.

Under the proposal described in Mr. Weisman's article, that would change.

“One possible change would tax the entire salary earned by those making more than a certain level - $400,000 or so - at the top rate of 35 percent rather than allowing them to pay lower rates before they reach the target, as is the standard formula,” he reports.

In other words, under this proposal, the taxpayer making $400,000 would in fact pay 35 percent in overall income taxes and would owe $140,000 - about $23,000 more than she does currently.

The question is when the government would collect the additional $23,000 of taxes.

The most theoretically extreme case is if the government collected all of the additional taxes when the taxpayer made her 400,000th dollar of income exactly. That is, the taxpayer would owe about $117,000 in taxes if she m ade $399,999, but $140,000 if she made $400,000 instead. Thus, that one additional dollar of income would cost the taxpayer about $23,000 in taxes.

Of course, the government might never see the money, since the taxpayer might do everything in her power to avoid crossing the $400,000 threshold.

Here's the problem: the government would now want to collect 35 percent of the taxpayer's overall income, when it had been billing her at a lower rate on almost all the income she had earned so far.

If the government simply started collecting 35 percent of every dollar she earned above a certain threshold, it would have no way to make up for the lower rates it had been charging her previously.

Instead, it needs to make up the deficit somewhere to collect that additional $23,000 of taxes. It can only accomplish that by making the tax rate greater than 35 percent on at least some of the income that she has received.

For example, the taxpayer might be asked t o pay additional taxes on the $150,000 of earnings between $250,000 and $400,000. To collect the extra $23,000, the government would need to tax this income at a rate of about 15 percent - in addition to the marginal tax rates that are already applied under current law, which now range between 33 and 35 percent.

Thus, the taxpayer would owe close to 50 percent in federal income taxes on earnings between $250,000 and $400,000. (If state taxes and Medicare taxes are also considered, her marginal tax rate could be close to 60 percent in some states.)

Perhaps you think that someone earning $300,000 or $400,000 should be taxed much more than they are now. There is still a perversity introduced by this proposal.

Specifically, after the taxpayer had hit her 400,000th dollar of income, her marginal tax rate would then decline. Rather than owing 50 cents for each dollar earned, she'd be back to a 35 percent rate instead.

Suppose that the taxpayer is considerin g taking on a part-time job that would make her an additional $50,000 in income. If the taxpayer had already earned $3,000,000 in income from her main job, then she would be able to keep 65 percent of the additional income from her side gig, owing 35 percent or $17,500 in taxes.

But if the taxpayer had “only” made $300,000 from her main job, she would get to keep only about $25,000 of earnings from her second job, owing the other $25,000 to the government. Faced with this steep tax rate, the taxpayer might decline the second job, meaning that the government would never collect the additional revenues from her earnings.

This is what's known as a “tax bubble”: when someone earning less income might be taxed at a higher marginal rate than someone making more.

Tax bubbles have existed at various times in the federal tax code, such as from 1986 through 1990. They also exist in some state tax codes. But the proposal described in Mr. Weisman's article would create an especially steep one.

To be clear, the people subjected to the tax bubble would be reasonably well off. An average family making $50,000 a year would not pay any additional taxes because of it, nor would its incentives be distorted in any substantial way.

Also to be clear: many of the people writing about tax policy, from academic economists to yours truly, make incomes that are considerably above the national average.

Nonetheless, the proposal described in Mr. Weisman's article would place its heaviest tax burden on the somewhat wealthy as opposed to the very wealthy, particularly as it is being proposed as an alternative to raising the top marginal rate.

If the tax bubble were implemented, but the tax code were o therwise unchanged, then someone making $400,000 would owe $140,000 in federal income taxes, $23,000 more than she does now, increasing her overall tax rate to 35 percent from about 29 percent.

Someone making $4 million would owe $1.4 million in taxes, also reflecting a $23,000 increase. But the increase would be minimal on a percentage basis, since it comes from a larger pool of income. Their overall tax rate would rise to 35.0 percent from 34.4 percent.

If, instead, the top two marginal tax rates were increased to 36 percent and 39.6 percent, as they were under the Clinton administration, then someone making $400,000 would owe about $124,000 in federal income taxes â€" or about 31 percent of her income. This would reflect a tax increase, but less than under the tax bubble proposal.

However, the government would collect more taxes from the $4 million earner. Someone making that much would owe $1.55 million if the Clinton-era rates were restored, with their tax rate rising to 38.7 percent from 34.4 percent.

Either policy would reflect a tax increase â€" whatever semantics the Congress might use to describe it. It's a question of which taxpayers would bear more of the burden.

It's also a question of whether the tax increase would make the tax code more efficient or less so. One might favor a flatter schedule of marginal tax rates or a steeper one. All taxes have the potential to discourage work. But smoother increases in marginal tax rates, as
under current law, create less economic friction, and fewer deadweight losses, then those with a number of peaks and valleys. It is hard to see the economic rationale for creating a bubble in the middle of the tax code.