Forum - View topicNEWS: Geneon to Merge with Universal Pictures Japan
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dragonrider_cody
Posts: 2541 |
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Wow, you have no concept of corporate law, at least not in the USA. In Japan, a company can say screw them when they acquire a company, and refuse to honor the contracts with no repercussions. (See the CPM Libre case.) But in the US, a company is bound to honor all contracts when it acquires another company. Say GM had bought Chrylser. They wouldn't have been able to immediately close all the Chrysler/Dodge dealers without significant financial liability. This is why companies have lawyers look into EVERYTHING prior to making an acquisition. An excellent recent example is Dreamworks and Paramount. Even though they separated, Paramount still gets the distribution on any current Dreamworks films as well an ownership stake, though DW is free to make deals for future product. Funimation's distribution deal with Geneon would still be valid until it's expiration date, even if this deal includes Geneon USA. This contract was signed in good faith, and it was made by US based corporations. (Geneon USA is owned by an Japanese company, but it is based in the US.) The US laws would apply in this case, not Japan's. And unless I missed something, the article didn't mention anything specifically about Geneon USA. Only Geneon Japan was noted, and the two are separate branches of the Dentsu tree. The US branch may not have been included in the deal, like when GM bought most of Daewoo, but did not buy the American branch. I really don't think this deal with affect us in R1. I'm still betting Geneon will only be around here until it's current TV and distribution deals are done, and then it will be lights out. We've seen no recent activity from them, and have no reason to believe they will become active in R1 anytime soon. There have been no new titles, and several of their previous titles have been lost to other distributors, like ADV and Media Blasters. If they were planning on making a comeback, they wouldn't sell off an anime with a TV deal, or several titles whose contracts likely still had a few years left. I think everyone who believes Universal is going to rush to the rescue and revive Geneon, are being very naive. Universal may being to import and distribute titles form Geneon Japan, but that may or may not have anything to do with Geneon USA. |
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Colonel Wolfe
Posts: 370 |
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Because Universal is buying the majority stake. Since Universal is acquiring Geneon through this merger, they could make the simple argument that Universal plans to distribute those anime DVD's in house and since Funimation's agreement didn't include Universal then Universal can dissolve those agreements.
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jsevakis
Former ANN Editor in Chief
Posts: 1684 Location: Los Angeles, CA |
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That's not how these things work. At all. A new company controlling an entity does not make every agreement that entity entered into void, or even questionable. Doesn't work that way in Japan, doesn't work that way in America. Heck, the licensor could go bankrupt and somebody could buy the rights at auction and the contract would still be good. I have never, in years of working with license agreements, seen or heard of a single one with a clause that the agreement lapses or can even be renegotiated in the event a certain new company invests in the licensor. There's no gray area in this. Some Japanese companies may expect that, if they become the controller of pre-existing rights, that the licensees must renegotiate with them, but that's a diplomatic, non-legally binding issue. Even in the case of Libre's dispute with CPM, CPM was legally in the right (which is why there was never any legal action). CPM may have burned the bridge in the process, but their contract would have likely stood up in court just fine.* *note that I had long since left CPM by this time and I say this as an outsider with little inside information and knowledge of the people involved, as well as previous agreements entered into. |
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CCSYueh
Posts: 2707 Location: San Diego, CA |
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That's the so called grey area. Even if CPM had a valid contract, they needed the materials for the future volumes & by not re-negotiating they were shooting themselves in the foot.They had a contract with Biblos for Kizuna, etc., but all of the chapters after a certain point belonged to Libre. Granted, CPM wasn't in the best shape by that time to re-negotiate so they probably needed to abide by the original contract. The grey area with Funi is it IS just a distribution issue. Distributors can be changed much easier, but a valid contract is a valid contract. It depends on if the deal was for 1 yr or whatever. Universal isn't stupid. It might be in their best interest to allow Funi which has a pretty good grasp on the anime market to continue undisturbed. And if their whole goal was to gain a Japanese distribution deal, they may not really worry about the Funi deal. Another option is they might have been looking at the catalog as potential fodder for their networks. Sci-Fi may be doing pretty well with anime & owning some of their own titles to air so that I assume they wouldn't be paying a licensing fee for might also be their goal, or at least icing on the cake.
We weren't party to the Funi negotiations. Most feel the ADV/Geneon deal fell thru because ADV didn't want to be stuck with non-selling titles so for all we know Funi ran thru Geneon's releases & said "These will sell" or maybe they took on just on-going, I didn't really pay attention. (I was just happy to see my titles rescued) Most of the titles that have moved on to other licensees are older, thus one can perceive they've sold the majority of their copies & will mostly be selling to people who discover them who weren't around when Geneon was offering them. ADV has a loyal following so there are some who might buy them just off that. Rescued licenses are also usually pretty cheap (or that's what Dark Horse was pitching a few comic-cons back when they asked the audience for ideas & someone threw out Devilman as having been a dropped title). Geneon had a HUGE catalog & many were past their glory days. The titles Funi's releasing that I'm buying all actually have more beyond the season being released. There are 2 seasons of Saiunkoku. Kyo Kara Maoh has an OVA & a 3rd season. Shonen Onmyoji was 2 Seasons as I recall. Perhaps the reason we haven't heard much in the way of new titles IS this deal. Geneon in Japan has been distributing Universal stuff since March, wasn't it? So they might have been fully away they were going to be shopped by Dentsu & thus just moved on finishing out the ongoing stuff to keep the fans loyal/interested/whatever. They may be saving new titles for the new company. |
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Mohawk52
Posts: 8202 Location: England, UK |
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This is all irrelevent anyway as there's nothing in that report that says anything about this merger affecting anything outside of Japan. Until it's confirmed, there is nothing that says it will have any changes with what is already in progress in the US with Geneon USA and FUNImation, or anyone. So all this lathering is for nought.
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jsieczka
Posts: 150 Location: Rochester, NY |
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This will probably have very little if any impact on the US. I would doubt that anime is even a seconday factor in this merger. Universal Japan has had many distributors for its product in the last few years I think 2 in the last 3 years. Geneon in addition to its anime works is one of the largest distributors of domestic live action movies in Japan and other parts of Asia. Geneon has been marketing all of Universals new release DVDs since March while Universal has been managing the catalog. Universal was additionally developing more films not only in Japan but the rest of Asia as well. It seems the main motivation behind the merger is to bring all of these functions under one roof. |
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Colonel Wolfe
Posts: 370 |
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You're missing the point and you guys are even misquoting:
First, it's Geneon Entertainment, not Geneon USA. There's no such entity as Geneon USA. Take a look at ANN's own press statement: ANN Geneon Article. Secondly, Geneon Entertainment IS indeed part of the acquired companies involved in this deal and stomping your feet isn't going to change that. Finally, Argue all you want about it but if you also examine the packaging details of all Geneon DVD releases you will notice that every DVD lists the company as "Geneon Entertainment" NOT Geneon USA or Geneon Animation. Geneon Company Info |
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dragonrider_cody
Posts: 2541 |
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Wow, again! You're still completely missing the points everyone is trying to make. Try reading the posts a bit closer. But you're points about a distribution agreement is still invalid. Regardless of who made the deal with Funimation, it will still be valid for all these titles until it's expired. For right now, we will see no changes in the US. Geneon is still a mostly empty shell here. The chances of Universal jumping in on these titles are minimal. Anime sales are limited for most titles, regardless of distributor. It's the titles themselves that get on the shelves, and while it certainly helps, having a major on board like Universal is no guarantee more stores will carry Geneon product. (Especially after they pulled the plug once and refused returns after a cut off date.) Geneon/Universal would likely see more returns leaving their titles as is, rather than shaking everything up. They have to put forth minimal investment and risk, and get a decent share of the returns and don't get stuck with old product. And don't forget, Geneon shut down the first time because it's titles moved slowly. Universal would know that, and would procede cautiously if at all. This deal is all about Japan, and has little to do with us in the US. (Think of Manga in the US and the UK, how different are those two even though part of the same coporation?) |
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Colonel Wolfe
Posts: 370 |
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You're missing the point. The agreement was never with Universal it was with Geneon. If Universal doesn't gain anything from the agreement then Universal can have the courts dissolve the agreement.
Since there was some sort of financial benefit between Geneon and Funimation then it only benefited Geneon. When Universal acquires the company, the agreement doesn't benefit Universal so explain, in detail, why Universal wouldn't seek to have the agreement dissolved. |
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Tarquinus
Posts: 1 |
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I cannot stand this anymore. Colonel Wolfe is right IF AND ONLY IF in that there is no provision prohibiting this in the existing contract. Then the general common law rule does favor assignment in this situation and will usually allow full rights to be assigned to a the new owner of the company. HOWEVER...A contract is an exchange of promises between two or more which is enforceable in a court of law. Funimation is not stupid and likely has provisions protecting them from just this sort of situation so Universal will likely: 1 - Honor the existing contract till its termination date. 2 - Exercise a provision of the contract (if there is one) to buy out of the contract. 3 - Go the Cornel Wolf way and breach the contract. This would be a fundamental breach allowing the aggrieved party (Funimation) to sue for damages (assuming there are provisions of protection in the contract, which I would bet there are). Also, if Funimation exercised its option to seek damages they could also ask a court to block Universal from distributing any and all of the licenses associated with the breached contract until such time as a ruling by a court or a new agreement is reached. This is the last thing anime fans would want to happen. So Colonel Wolfe, please stop guessing as to what will happen in this situation because I am sure that Funimation and Universal are much smarter than you when it comes to contract law and it is very clear that you know next to nothing other than what you are guessing at. So just stop, and lets see what happens and hope it benifits the US anime market. |
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Mohawk52
Posts: 8202 Location: England, UK |
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Colonel Wolfe
Posts: 370 |
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Tarq is quite correct. I'll concede that if there is something written into Universal's contract with Dentsu/Geneon that Universal will be under obligation to honor the agreement until the agreement expires. IN addition, if the agreement holds, Funimation may end up incurring more costs associated with the DVD releases.
When the merger goes through and the company name goes through its change, the deal with Funimation may end up costing Funimation additional costs. The repressing of the DVD's as well as the redesign of the artwork will be costs that Funimation will have to eat. Since Geneon will no longer be a functioning entity, the new company logo and information would need to be placed on the DVD releases. Mohawk just doesn't get it. There's a number of factors that may end up proving to be a headache for Funimation and I'm sure that they're in negotiations with NBC Universal's Universal Pictures International Entertainment even while the merger continues to be refined. Mohawk just keeps stating his ignorance that Geneon Entertainment USA isn't part of the deal with Universal and it is and that there are changes coming post-February 2009 and that no one who is posting in this topic knows what's going to happen. One thing is for sure, Geneon Entertainment, is part of the deal that Universal is in discussions with to merge their two companies (Universal International and Geneon Entertainment). |
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Mohawk52
Posts: 8202 Location: England, UK |
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Tenchi Saotome
Posts: 14 Location: Ohio, near Cleveland |
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No they won't! Cardcaptor Sakura the movie 2 was released on Nov. 18 2003, and the sale of Pioneer animation to Dentsu which changed Pioneer's name to Geneon happened on October 1 2003 so if you were correct then the dvd which I have would say Geneon because of this. |
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Colonel Wolfe
Posts: 370 |
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Tenchi, No I'm not wrong. Funimation redesigned the DVD's and the packaging to include the Funimation logo and company information. When the merger happens, Universal could require Funimation to include the new company name on the DVD packaging and either Universal and Funimation could come to terms with an expanded version of the original agreement to include the many other titles after the merger takes place and after the name change of the company.
If it's one thing that Universal can do, they can require Funimation to place the new company name and information on the DVD releases. |
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