Hollywood accounting

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Hollywood accounting (also known as Hollywood bookkeeping) refers to the opaque accounting methods used by the film, video and television industry to budget and record profits for film projects. Expenditures can be inflated to reduce or eliminate the reported profit of the project, thereby reducing the amount which the corporation must pay in royalties or other profit-sharing agreements, as these are based on the net profit.

Hollywood accounting gets its name from its prevalence in the entertainment industry—that is, in the movie studios of Hollywood at a time when most studios were located in Hollywood. Those affected can range from the writers to the actors.[1][2]

How it works[edit]

Hollywood accounting can take several forms. In one form, a subsidiary is formed to perform a given activity and the parent entity will extract money out of the subsidiary not in terms of profits but in the form of charges for certain "services".[3] The specific schemes can range from the simple and obvious to the extremely complex.

Three main factors in Hollywood accounting reduce the reported profit of a movie, and all have to do with the calculation of overhead:

  • Production overhead: Studios, on average, calculate production overhead by using a figure around 15% of total production costs.
  • Distribution overhead: Film distributors typically keep 30% of what they receive from movie theaters ("gross rentals").
  • Marketing overhead: To determine this number, studios usually choose about 10% of all advertising costs.

All of the above means of calculating overhead are highly controversial, even within the accounting profession. Namely, these percentages are assigned without much regard to how, in reality, these estimates relate to actual overhead costs. In short, this method does not, by any rational standard, attempt to adequately trace overhead costs.

Because of this, net points (a percentage of the net income (i.e. gross income minus expenses), as opposed to a percentage of the gross income) are sometimes referred to as "monkey points", a term attributed to Eddie Murphy, who is said to have also stated that only a fool would accept net points in his or her contract.[4][5]

All of this shows why so many big-name actors insist on "gross points" (a percentage of some definition of gross revenue) rather than net profit participation. This practice reduces the likelihood of a project showing a profit, as a production company will claim a portion of the reported box-office revenue was diverted directly to gross point participants.

Examples[edit]

Winston Groom's price for the screenplay rights to his novel Forrest Gump included a 3% share of the profits; however, due to Hollywood accounting, the film's commercial success was converted into a net loss, and Groom received only $350,000 for the rights and an additional $250,000 from the studio.[6]

Stan Lee, co-creator of the character Spider-Man, had a contract awarding him 10% of the net profits of anything based on his characters. The movie Spider-Man (2002) made more than $800 million in revenue, but the producers claim that it did not make any profit as defined in Lee's contract, and Lee received nothing. He has filed a lawsuit against Marvel Comics.[7]

The estate of Jim Garrison sued Warner Bros. for their share of the profits from the movie JFK (1991), which was based on Garrison's book On the Trail of the Assassins.[8] The case was settled in 1999, with Garrison's estate receiving a "very small settlement."[9]

Art Buchwald received a settlement after his lawsuit Buchwald v. Paramount over Paramount's use of Hollywood accounting. The court found Paramount's actions "unconscionable", noting that it was impossible to believe that a movie (1988's Eddie Murphy comedy Coming to America) which grossed US$350 million failed to make a profit, especially since the actual production costs were less than a tenth of that. Paramount settled for $900,000,[10] rather than have its accounting methods closely scrutinized.

The 2002 film My Big Fat Greek Wedding was considered hugely successful for an independent film, yet according to the studio, the film lost money.[11] Accordingly, the cast (with the exception of Nia Vardalos who had a separate deal) sued the studio for their part of the profits. The original producers of the film have sued Gold Circle Films due to Hollywood accounting practices because the studio has claimed the film, which cost less than $6 million to make and made over $350 million at the box office, lost $20 million.[12]

Peter Jackson, director of The Lord of the Rings, and his studio Wingnut Films, brought a lawsuit against New Line Cinema after "an audit... on part of the income of The Fellowship of the Ring". Jackson stated this is regarding "certain accounting practices", which may be a reference to Hollywood accounting. In response, New Line stated that their rights to a film of The Hobbit were time-limited, and since Jackson would not work with them again until the suit was settled, he would not be asked to direct The Hobbit, as had been anticipated.[13] Fifteen actors are suing New Line Cinema, claiming that they have never received their 5% of revenue from merchandise sold in relation to the movie, which contains their likeness.[14] Similarly, the Tolkien estate sued New Line, claiming that their contract entitled them to 7.5% of the gross receipts of the $6 billion hit.[15] Overall according to New Line's accounts the trilogy made "horrendous losses" and no profit at all.[16]

According to Lucasfilm, Return of the Jedi despite having earned $475 million at the box-office against a budget of $32.5 million, "has never gone into profit".[17]

A WB receipt was leaked online, showing that the hugely successful movie Harry Potter and the Order of the Phoenix ended up with a $167 million loss on paper.[18] This is especially unusual, given that the Harry Potter film series is the highest-grossing film series of all time, both domestic and international without inflation adjustment. Harry Potter and the Deathly Hallows – Part 2 remains Warner Bros.' highest grossing movie ever.[19]

Michael Moore sued Bob and Harvey Weinstein for creative accounting to deprive him of his share of profits for the film Fahrenheit 9/11. Eventually, Moore reached a settlement with the Weinsteins and the lawsuit was dropped.[20]

Actress Lynda Carter was also upset with some of the marketing of her image that involved Hollywood accounting. Warner Bros. worked out a deal with the toy company Mego to create a Wonder Woman doll while the series was still on the air. In 1987, on The Late Show with Joan Rivers,[21] Carter commented:

I think that you're probably familiar with a problem in Hollywood, and that is that they market you, and they use you. They did a mask of my face and put it on the doll, and they put my name on for the first run of it. And then they took my name off and said they didn't have to pay me anymore. So it's the kind of thing that you can be used so much in this industry. I make nothing. I don't even make anything from the reruns. Don't ever settle for net profits. It's called "creative accounting".

Production accounting[edit]

Production accounting is a filmmaking term, used especially in Hollywood, referring to the project accounting of the cost of a film project. As with construction accounting, salient issues are the accurate allocation of workers' time to specific projects (usually requiring each worker to fill out a weekly timesheet), and the correct assessment of indirect costs such as employee benefits.

Specialized software to support production accounting has been developed.

See also[edit]

References[edit]

  1. ^ McDougal, Dennis (December 29, 1989). "Judge Must Solve Buchwald-Murphy Whodunit: Lawsuits: Final arguments in multimillion-dollar complaint against Paramount are over. Both sides accuse the other of stealing idea for $300-million movie.". Los Angeles Times. Retrieved March 23, 2014. 
  2. ^ Vincent, Mal (February 20, 1995). "After 61 films, Connery remains much in demand". The Baltimore Sun. Retrieved March 23, 2014. "I hired my own bookkeepers to keep a watch on everything. Hollywood bookkeeping can be very suspect." 
  3. ^ Thompson, Derek (September 14, 2011). "How Hollywood Accounting Can Make a $450 Million Movie 'Unprofitable'". The Atlantic. Retrieved March 23, 2014. 
  4. ^ McDougal, Dennis (February 4, 1990). "Murphy Movie Made Millions But Stayed in Red, Studio Ledgers Say". Los Angeles Times. Retrieved March 23, 2014. 
  5. ^ Leibman, Jordan H. (November 1, 1993). "Fatal Subtraction: The Inside Story of Buchwald v. Paramount.". AllBusiness.com. Archived from the original on February 1, 2009. Retrieved March 23, 2014. 

    "By the way, you called net profit participation points yesterday 'monkey points.' What's the origin of that, do you know?" I asked Eddie [Murphy] as I started to pick up my papers. "Well, it's like 'stupid' points. Stupid to take the points." "Won't be any net profits?" "You sit there with your points going, 'Eeeh, eeh, eeh, eeh, eeh.'"

  6. ^ Weinraub, Bernard (May 25, 1995). "'Gump,' a Huge Hit, Still Isn't Raking In Huge Profits? Hmm.". The New York Times. Retrieved March 23, 2014. 
  7. ^ "Lawsuit filed by Spider-Man creator". BBC News. November 13, 2002. Retrieved March 23, 2014. 
  8. ^ Robb, David (June 19, 1996). "Hollywood accounting suffers a blow in court Lawsuit: Movie studios lose first round in potentially crucial court battle as judge upholds class-action". The Baltimore Sun. Retrieved March 23, 2014. 
  9. ^ Robb, David (April 12, 1999). "Family settles suit filed over 'JFK' profits". Milwaukee Journal Sentinel. Retrieved March 23, 2014. 
  10. ^ (http://articles.latimes.com/1992-03-17/local/me-3895_1_net-profit Buchwald, Partner Win $900,000 From Studio)
  11. ^ "My Big Fat Greek Wedding: Most Profitable Independent Film in History, With Over $600 Million Worldwide Receipts, Supposedly Loses Over $20 Million". PR Newswire. July 1, 2003. Retrieved March 23, 2014. 
  12. ^ Munoz, Lorenza (August 8, 2007). "Hanks sues over profit on 'Greek Wedding'". Los Angeles Times. Retrieved March 23, 2014. 
  13. ^ xoanon (November 19, 2006). "Peter Jackson and Fran Walsh Talk THE HOBBIT". TheOneRing.net. Retrieved July 19, 2013. 
  14. ^ "15 actors sue New Line Cinema over 'Lord of the Rings' profits". USA Today. June 6, 2007. Retrieved July 19, 2013. 
  15. ^ The Associated Press: Tolkien Estate Sues New Line Cinema, February 12, 2008.
  16. ^ Scherer, Karyn (December 13, 2010). "The Hollywood shell game". The New Zealand Herald (Auckland). Retrieved July 19, 2013. 
  17. ^ Sciretta, Peter (April 5, 2009). "LucasFilm Tells Darth Vader that Return of the Jedi Hasn’t Made a Profit!?". Slashfilm.com. Retrieved July 19, 2013. 
  18. ^ "'Hollywood Accounting' Losing In The Courts". Techdirt. July 8, 2010. Retrieved July 19, 2013. 
  19. ^ "Hmm... Let's try that again - Potter for the People - From the Muggles". Potter for the People. Retrieved 2012-05-23. 
  20. ^ Michael Moore, Harvey Weinstein Settle 'Fahrenheit 9/11' Lawsuit, by Matthew Belloni, at the Hollywood Reporter; published February 15, 2012; retrieved March 23, 2014
  21. ^ The Late Show with Joan Rivers. Fox Network. Air date: February 9, 1987

Further reading[edit]