-203-
released in the international market.149 Mr. Wagner did not
incorporate this data into his valuation analysis; however, he
posits that these theatrical releases would enhance his valuation
of the EBD film titles because of increased consumer awareness.
After examining the additional data that Mr. Wagner presented, we
cannot agree.
Mr. Wagner’s data indicates that all but one of the domestic
theatrical releases occurred between 1951 and 1980. The only
exception is “Summer Camp Nightmare,” which had an April 1987
release date. Likewise, most of the international theatrical
releases occurred between 1960 and 1979. Two films were released
in 1983, two in 1985, and one (“Nasty Hero,” which has no
confirmed physical materials) in 1992 . Given the significant
time period between these supposed theatrical releases and 1996,
we are not convinced that the film titles would have benefited
from a theatrical release. Moreover, we are not convinced that
the international theatrical release of admittedly “B” film
titles would translate into increased consumer demand in the U.S.
domestic market.
iv. Conclusion
In general, we found both expert opinions unsatisfactory.
On the one hand, Mr. Medress’ methodology contains considerable
149 Mr. Wagner found data for two other theatrical releases
but could not determine whether those film titles were released
to the domestic or international market.
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