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Studios Have Differing Responses to Visual Effects Company\'s Financial Woes

LOS ANGELESâ€"As expected, Rhythm and Hues, the El Segundo, Calif.-based visual effects supplier, has filed for protection under Chapter 11 of the United States Bankruptcy Code, and the filing shows that its principal customersâ€"20th Century Fox, Universal Studios and Warner Brothersâ€"have split in their approach to the company’s financial woes.

According to filings, made on Wednesday with the bankruptcy court in Los Angeles, Fox and Universal agreed to extend credit that will allow the company to proceed with work on their films, presumably including Fox’s “Percy Jackson: Sea of Monsters” and Universal’s “R.I.P.D.”

But Warner, according to the effects company’s motion, which seeks extra time to file a schedule of assets and liabilities, has demanded the “return of all materials” related to three of its scheduled movies. Two of those were identified in the filings as “Black Sky,” a thriller from the company’s New Line Cinema unit, and “300: Rise of an Empire,” wich was made in partnership with Legendary Entertainment, and is set for release in August. The third film, according to a person who was briefed on the matter but spoke on condition of anonymity because of the court proceedings, is “The Seventh Son,” a Legendary film, which is scheduled for release by Warner in October.

According to the filings, Warner has claimed that it is owed $4.9 million, which it has paid for work that is not yet completed.

“Unfortunately, with respect to the current projects,” a Rhythm and Hues filing noted, the company “will be unable to complete them at the bid amount, and therefore needs additional funding to pay the costs.” Three Warner-related entities are identified as being among the 20 unsecured creditors with the largest claims against the company, although it also noted that the status of the claims by those three are “disputed.”

The person briefed on the matter said he did not expect the studio to alter its release plans for the fi! lms.

While no full schedule of assets and liabilities has yet been filed, the court papers said Rhythm and Hues had about $27.5 million in assets at the end of 2012, and about $33.8 million in liabilities. One of the company’s filings identified Rhythm and Hues as one of the “top eight” visual effects companies in the world, and said it had contributed to more than 150 feature films. Those include “Life of Pi,” a Fox film whose visual effects have been nominated for an Oscar.

The Rhythm and Hues bankruptcy compounds financial troubles across the effects industry, which has been affected by intense global competition.

A Warner spokesman declined to comment on the filings.



Studios Have Differing Responses to Visual Effects Company\'s Financial Woes

LOS ANGELESâ€"As expected, Rhythm and Hues, the El Segundo, Calif.-based visual effects supplier, has filed for protection under Chapter 11 of the United States Bankruptcy Code, and the filing shows that its principal customersâ€"20th Century Fox, Universal Studios and Warner Brothersâ€"have split in their approach to the company’s financial woes.

According to filings, made on Wednesday with the bankruptcy court in Los Angeles, Fox and Universal agreed to extend credit that will allow the company to proceed with work on their films, presumably including Fox’s “Percy Jackson: Sea of Monsters” and Universal’s “R.I.P.D.”

But Warner, according to the effects company’s motion, which seeks extra time to file a schedule of assets and liabilities, has demanded the “return of all materials” related to three of its scheduled movies. Two of those were identified in the filings as “Black Sky,” a thriller from the company’s New Line Cinema unit, and “300: Rise of an Empire,” wich was made in partnership with Legendary Entertainment, and is set for release in August. The third film, according to a person who was briefed on the matter but spoke on condition of anonymity because of the court proceedings, is “The Seventh Son,” a Legendary film, which is scheduled for release by Warner in October.

According to the filings, Warner has claimed that it is owed $4.9 million, which it has paid for work that is not yet completed.

“Unfortunately, with respect to the current projects,” a Rhythm and Hues filing noted, the company “will be unable to complete them at the bid amount, and therefore needs additional funding to pay the costs.” Three Warner-related entities are identified as being among the 20 unsecured creditors with the largest claims against the company, although it also noted that the status of the claims by those three are “disputed.”

The person briefed on the matter said he did not expect the studio to alter its release plans for the fi! lms.

While no full schedule of assets and liabilities has yet been filed, the court papers said Rhythm and Hues had about $27.5 million in assets at the end of 2012, and about $33.8 million in liabilities. One of the company’s filings identified Rhythm and Hues as one of the “top eight” visual effects companies in the world, and said it had contributed to more than 150 feature films. Those include “Life of Pi,” a Fox film whose visual effects have been nominated for an Oscar.

The Rhythm and Hues bankruptcy compounds financial troubles across the effects industry, which has been affected by intense global competition.

A Warner spokesman declined to comment on the filings.



CBS Reports Record Quarterly Operating Income for Fourth Quarter of 2012

The CBS Corporation set records in the fourth quarter for operating income and adjusted operating income, the company said Thursday, but the results were short of some analysts’ expectations, causing its share price to fall slightly in after-hours trading.

The adjusted net earnings of $414 million produced earnings per share of 64 cents, also a new quarterly record for CBS, though some analysts had forecast a price as high as 69 cents.

CBS, which reported full-year results for 2012 as well as for the quarter ending Dec. 31, also announced an additional stock buyback of $1 billion. That brings the total amount of stock CBS has committed to repurchasing for the current year to $2.2 billion.

Overall, CBS demonstrated improved results in most financial categories and divisions. Revenues for the quarter rose to $3.7 billion, up 2 percent from $3.61 billion for the same quarter in 2011. Net earnings were

CBS cited increases in advertising revenue in the quarter, partly driven by politial commercials in an election year. The CBS broadcast network continues to be the most watched in television and will likely beat all its competitors in the significant ratings categories for the current season.

The company also saw increases from subscription fees, driven by improvement in its cable networks. Showtime, the pay-cable channel owned by CBS, has experienced growth in subscriptions, thanks in part to its award-winning drama “Homeland.” CBS has pressed for years for increased compensation from cable systems for the rights to carry CBS broadcast stations, and Thursday the company reported that retransmission fees were also up for the quarter, part of 9 percent growth overall in affiliate and subscription fees.

Adjusted operating income before depreciation and amortization increased 6 percent, to $866 million from $814 million the year before. Operating income increased 12 percent to $726 million, up from $647 million.

For the full year CBS also produced some encouragi! ng results. The company reported revenues of $14.09 billion, up 3 percent from $13.64 billion in 2011. Adjusted income increased to $3.49 billion from $3.16 billion. Operating income of $2.98 billion was up from $2.62 billion in 2011. All represented new highs for CBS.

One more troubling area was publishing. CBS’s Simon & Schuster unit experienced a decrease in revenues, to $215 million from $229 million in 2011. CBS attributed the drop to decreasing print book sales that could not be offset by increasing e-book sales.



For CNN, Cruise Ship Coverage by \'Air, Land and Sea\'

There are a number of ways to get ahead in the cable news world. One way is partisan talk about the news, as exemplified by shows on MSNBC and Fox News. Another way is personality-based â€" think Bill O’Reilly and Joe Scarborough.

CNN on Thursday seemed to try another way: investment in captivating, non-stop cruise ship coverage.

The cable news channel threw everything it had at the odyssey of the Carnival Cruise Line ship Triumph, which was being towed toward port in Mobile, Ala. after four days stranded at sea. CNN had a helicopter circling the cruise ship, a reporter at sea on another boat nearby, and two more reporters on land.

Naturally, it promoted its coverage as coming from “air, land and sea.” “Before you scorn: imagine being on board,” the executive producer of CNN’s “Piers Morgan Tonight,” Jonathan Wald, wrote on Twitter.

The coverage had all the hallmarks of Jeff Zucker, the former “Today” show producer and NBC chief executive who took over CNN Worldide last month. Mr. Zucker has been trying to take advantage of CNN’s news resources as he attempts to revitalize the low-rated channel.

The cruise ship story was a no-brainer to him: from a producer’s standpoint, it has high stakes, human drama and a logical beginning, middle and end. The ship is expected to finally reach port on Thursday night.

On Thursday morning, CNN fired off a press release about the channel’s coverage plans and said one of its prime time anchors, Erin Burnett, was on the way to Mobile so she could televise the family reunions. It even said its channel seen outside the United States, CNN International, would simulcast the live coverage.

Television news producers are prone to hyping and over-covering stories, of course. That much isn’t new. But what CNN did with the cruise ship stood out because Fox and MSNBC mostly stuck with their usual stories about politics, business, crime and culture. MSNBC barely even mentioned! the cruise ship on its newscasts on Thursday.

Partly that’s because the stranded ship hasn’t been a particularly visual story â€" but CNN changed that by chartering a helicopter and a boat for the day. Around noon, the channel caught the attention of media reporters and a few television competitors when it carried aerial pictures of the cruise ship accompanied by the words “CNN Live Exclusive.” The anchor Ashleigh Banfield announced that viewers were seeing “the first image of this ship as it approaches shore,” meaning the first live pictures â€" photographs had been available for days.

CNN also set up a camera with a long zoom lens on land so it could show the cruise ship 30 miles out at sea.

Ms. Banfield at one point interviewed a 12-year-old girl, Rebecca Poret, who was on the ship, and the girl’s mother Mary, who was watching CNN at home. As mother and daughter talked, CNN’s on-screen graphic didn’t hesitate to play up the emotions of the moment.

12YR-OLD TO MOM: “I’M COLD, BUT I’M GOOD”
Mom promises to bring blankets, food to meet her

With a little prodding from Ms. Banfield, Rebecca came out to a balcony on the ship so that the helicopter camera could zoom in on her. “They’re waving to us now!” Ms. Banfield exclaimed, adding, “You must be beyond elated to be able to see your daughter.”

“I’m very excited,” Ms. Poret said. The CNN graphic read:

CNN SHOWS MOM STRANDED GIRL
First time mother has seen daughter in a week

CNN said it would stay with the story all day. Even when the channel changed topic in the 1 p.m. hour, it put a live shot of the cruise ship in a small box in the corner of the screen.



Justice Department Approves Random House-Penguin Merger

The merger of Penguin and Random House cleared a big hurdle Thursday.

The two companies said that the Department of Justice had closed its review of the proposed merger “without conditions.”

Last October, Pearson, which owns Penguin, and Bertelsmann, which owns Random House, announced their intention to join the two publishing houses into one mammoth company. The idea was that the combined entity would be better positioned in the digital market to combat companies like Amazon, whose aggressive pricing was putting pressure on big publishers.

Under terms of the deal, Bertelsmann would own 53% and Pearson 47% of the new company, to be called Penguin Random House.

Because of the size of the enterprise, it would control more than 30 percent of all trade book publishing. That had raised questions about whether government regulators would balk because of anti-trust concerns.

“This positive first decision by one of the antitrust authorities is an important milestone on the pah to uniting two of the world’s leading publishing companies into a truly global publishing group,” Thomas Rabe, chairman and chief executive of Bertelsmann, said in a statement. “It will enable investments worldwide in new digital publishing models, in new distribution paths, products and services and in the major growth markets.”

The proposed merger is still under review by the European Commission, the Canadian Competition Bureau and various other antitrust authorities around the world. The companies said they still expected the merger to be completed by late this year.



Time Inc., the Unwanted Party Guest Being Pushed Out the Door

How toxic have print assets become This toxic: Media companies have begun to quarantine them.

On Wednesday, Time Inc., the largest magazine publisher in the country, found itself at the wrong end of a 10-foot pole. Its corporate parent, Time Warner, which has a broad and lucrative array of entertainment assets, was making plans to spin off much of the tattered print unit in a shotgun marriage with Meredith, a Midwest-based company that was trying to do much the same thing.

Under the plan, which is far from final, the two companies would contribute magazines to create a new, publicly held company that would be left to make its own way.

In shearing off its print division, Time Warner is following a path laid down by News Corporation, which announced last year that its entertainment assets and print assets would be split into two divisios. Its stock hit a five-year high when the plan was floated last June, and sometime early this summer there will be two companies - Fox Group and News Corporation - that will allow the fast-growing film and television assets to grow unencumbered by legacy print businesses.

Print publishing may have lost significant currency with consumers and advertisers in a digital age, but investors have a far deeper animus. They see little possibility that the business as a whole will right itself, and they find its lack of growth wanting compared to the cable, television and film businesses that are now the epicenter of the media business.

Time Inc. may be baked into the name of Time Warner, but it long ago lost salience as a significant player in the company’s business. Time Inc. earnings dropped 5 percent last year, and the division now contributes less than 12 percent of overall sales at the company. The Time & Life building, a “Mad Men” era edifice standing tall in the middle of Midtown, wa! s long a revered totem of the publishing business. To people in the industry who came of age back when things were good, Time Inc. was legend, having grown up not just on the force of its journalism but on tales of editors’ offices the size of racquetball courts and liquor carts rumbling through the hall spreading cheer and an aura of privilege.

But the news of a possible sale of its magazine division came at a time when Time Inc. is laying off some 6 percent of its global work force, and many of those who remained wondered whether their jobs, if they continue to have them, might require them to move to Des Moines, the headquarters of Meredith.

It was a bit of a moment for the people at Time Inc. and for the publishing business as a whole. Even though Time Warner has said that it will hang on to Time, Fortune, Sports Illustrated and Money, the profits from those Olympian sounding titles are meager, less than 10 percent of the division. Time Warner is keeping them n part because they might bolt on to a reconceived CNN television network, and in part because, well, no one wanted them.

The new entity, meanwhile, will lean hard on People, as close as the magazine industry has had to a money machine, with sales of almost $1 billion last year. But even that juggernaut has slowed: Last year, People’s newsstand sales declined 12.2 percent in the second half of 2012 compared with the year before, according to the Alliance for Audited Media.

Once the crown jewel of Manhattan publishing, Time Inc. has been lurching of late, with three publishers in three years, steadily dropping earnings and a digital future that is much ballyhooed but never seems to arrive. The irony is that the division still make money, kicking out $460 million in earnings last year, but the trend lines have been down for the last five years as secular changes in the industry - particularly, declining advertising revenue â€" have clobbered the former earnings standout.

The other t! wo big Ma! nhattan magazine companies - Hearst and Condé Nast - are privately held and can afford to play for the long haul, hoping that trusted print brands find a new toehold through tablet apps and digital extensions. Not so at Time Inc., where the contrast between print and the rest of the company has only grown more stark.

Jeffrey Bewkes, the chief executive of Time Warner, has always said nice things about the magazine division, but his actions suggest that he is no longer interested in waiting for a turnaround. . Mr. Bewkes came up through HBO, a cable division that has managed to keep growing and throwing off profits in spite of changes in the media landscape, and he clearly would rather cheer on Time Inc. from a greater distance.

Mr. Bewkes did much the same thing for many of the same reasons when he engineered a split between the parent company and Time Warner Cable back in 2008. Then, as now, the company was trying to open up a space between the parent and so-called mature businesses. And in eah instance, the parent could obtain the benefit of a sale without suffering big capital gains taxes.

When the cable company was spun off, it paid a dividend to the parent of some $10.9 billion by taking on a great deal of debt; a similar gambit is expected to yield some $1.75 billion if the deal for a new joint venture with Meredith comes to pass. (And nothing, it should be pointed out, ages faster than the future gone amiss. AOL, which once swallowed Time Warner in a reverse merger, was spun back out in 2009.)

The deal to largely exit the magazine business could take weeks or months, and the specifics are far from worked out; in the end, Time Warner could explore other options. But the basic decision to unwind the magazine division has been years in the making. The difficulties have been widespread and dispersed in the industry as a whole - magazines as tiny as Cat Fancy and as giant as Reader’s Digest have been taken apart by fundamentally changed economics and consumer habits.

! There wer! e many other signs over the last few years. Gourmet is gone from Condé Nast, a company that had never tightened its Gucci belt in its history. Then Newsweek, a former primary player in American consciousness, sold for a dollar, and this year discontinued its print edition.

Disruption in various economic sectors takes place over years as insurgents rise and former titans crumble, but its effects often become most clear in a signature moment. The specter of Time Inc., which lent its name to one of the largest media companies in the world, being pushed out the door like a party guest who has overstayed his welcome is a stark reminder of how fundamentally the game has changed.



The Breakfast Meeting: Time Warner Considers Shedding Some Magazines and Panera Appeals to Consumers\' Decency

Time Warner is in talks with the Meredith Corporation to spin off much of Time Inc., the country’s largest magazine empire and the foundation on which the $49 billion media conglomerate was built, Amy Chozick and Michael J. de la Merced write. The deal would move the bulk of Time Inc.’s magazines, including titles like People, InStyle and Real Simple, into a separate, publicly traded company that would include Meredith publications like Better Homes and Gardens and Ladies’ Home Journal. The new company would borrow money to pay a one-time dividend of about $1.75 billion to Time Warner, making the transaction resemble a sale. Time Warner would continue to control the newsmagazines Time, Sports Illustrated, Fortune and the magazine Money. The deal is one of several options under consideration to reduce Time Warner’s troubled publishing unit.

Many analysts have wondered how a cmpany like Meredith, with a market value of $1.6 billion, could afford to buy a business as big as Time Warner’s non-news magazines, given that Time Warner’s publishing arm reported $3.4 billion in revenue last year. The agreement is possible because what’s being discussed is not really a sale but the formation of a joint venture, Andrew Ross Sorkin and Michael J. de la Merced explain in DealBook. The result would be a publicly traded assemblage of Time Warner titles, like People, and Meredith publications, like Better Homes and Gardens. Shareholders of both conglomerates would be given shares in the new venture. While important details are still being discussed, it appears that Time Warner shareholders would hold about two-thirds of the new company and Meredith shareholders would get the remainder.

Pro-social or purpose-based marketing â€" persuading consumers that a company operates! in a socially responsible manner that appeals to their values, behavior and beliefs â€" is a growing trend on Madison Avenue. More shoppers say that what a company stands for makes a difference in what they buy, and advertisers have been quick to act on the idea, Stuart Elliott writes. An ad campaign with an estimated $70 million budget to be introduced on Monday by the Panera Bread Bakery restaurant chain is a case in point. The commercials, based on the slogan “Live consciously. Eat deliciously,” will focus on Panera’s positive policies, like donating unsold baked goods, operating donation-based restaurants and working with organizations like Feeding America. The risk of such an approach is that if consumers find a company’s practices at odds with their stated values there could be a backlash.

Mekado Murphy interviews Eugene Gearty, the sound engineer who worked on Ang Lee’s “Life of Pi,” the allegorical tale of a boy trapped on a lifeboat with a tiger. The film has been nominated for 11 Oscars, two of which are related to sound. Water sounds were of the utmost importance and a particularly challenging sequence involved a school of flying fish landing in Pi’s life raft, Mr. Gearty said.

Mr. Gearty was involved with sounds, but David Magee, the scriptwriter for “Life of Pi,” almost wrote a film that was largely silent, Melena Ryzik writes. Mr. Lee wanted to shoot the entire middle section in silence, but Mr. Magee disagreed. “You would talk to an animal â€" it’s a natural thing,” he said.

The Knight Foundation said on Twitter that it was a mistake to pay Jonah Lehrer $20,000 to speak at a lunch they held on Tuesday, Julie Moos writes on Poynter’s MediaWire. “Controversial speakers should have platforms,” the foundation wrote in a statement, “but Knight Foundation should not have put itself into a position tantamount to rewarding people who have violated the basic tenets of journalism.”