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Paramount Merger Delay Sparks Debate Over Creator Ownership

Paramount and Warner Bros. Entertainment

Paramount’s proposed $110 billion merger with Warner Bros. Discovery has been put on hold until June 1, 2027, or until legal challenges seeking to block the transaction are resolved, whichever comes first. While the delay prolongs uncertainty surrounding the deal, concerns among independent creators about shrinking opportunities in a more consolidated entertainment industry remain.

Many creators worry that a smaller number of major studios could reduce competition for projects, weakening their negotiating power and limiting opportunities for newcomers. However, copyright protections remain unchanged regardless of the merger’s outcome. Under U.S. copyright law, creators automatically own original works they produce, giving them valuable intellectual property that can still be licensed or sold, even in a consolidated marketplace.

The proposed merger continues to divide opinion across the industry. The Hollywood Reporter argued the combined company could prioritize protecting its financial structure over investing in creative projects. A Los Angeles County report estimated that approximately 2,495 jobs in Greater Los Angeles County and around 6,000 worldwide could be at risk if the merger proceeds. State attorneys general challenging the deal have also argued that it would concentrate excessive control over film distribution, blockbuster releases and cable television licensing under a single company.

Federal regulators reached a different conclusion. The U.S. Department of Justice approved the merger in June, saying the transaction could strengthen competition and benefit workers. Paramount has maintained that the combined company plans to release at least 30 theatrical films each year, a commitment it says would support long-term employment and investment across the film and creative sectors.

The success of two recent independent films has also highlighted the value of creator-owned intellectual property. Obsession, directed by YouTube filmmaker Curry Barker, was produced for $750,000 and later sold to Focus Features for about $15 million after Barker retained ownership of the project. Meanwhile, Backrooms, directed by YouTube creator Kane Parsons, was made for $10 million after A24 and Chernin Entertainment agreed to co-finance the film, following the popularity of Parsons’ YouTube series. Both films exceeded the performance of several studio releases produced with significantly larger budgets.

Unlike projects developed under traditional work-for-hire agreements, Barker and Parsons entered negotiations while controlling their own intellectual property and bringing established audiences with them. Under work-for-hire arrangements, studios typically own the intellectual property from the outset, leaving creators with little control if projects are delayed, canceled or affected by corporate restructuring.

U.S. copyright law provides that copyright ownership is automatically granted to the creator once an original work is fixed in a tangible form, such as a script, recording or visual effect. Registration is not required for ownership to exist. Copyright ownership can only be transferred or exclusively licensed through a written and signed agreement, meaning verbal discussions, emails or invoices alone are not sufficient to transfer those rights.

Although the merger could reshape the competitive landscape in Hollywood, it does not alter the legal rights creators hold over work they own. Creators who retain their intellectual property remain free to license or sell it to Paramount, Warner Bros. Discovery, a merged company, or any other buyer. The experiences of Barker and Parsons demonstrate that building an audience and maintaining ownership of creative work can provide significant leverage, regardless of broader industry changes.

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