Film Distribution Discussion

VivaChiba sent me this message, and with his permission I'm posting is here in the hope of sparking further discussion:

In your post in the Jerome Courshon thread, you mentioned that you'd been reading a lot of books on film distribution which you felt have helped you out.
Having read only a couple on the subject, I've not gotten a lot from them and was wondering what you'd recommend?

Ideally, I'm after titles which include guides on how to compose the distribution proposal and how to approach distributors to even look at it in the first place. From my experiences so far, unless a seasoned producer (and preferably one the distributors have worked with before) contacts them, the e-mail/letter is ignored.

I've read on the web of nobodies enticing negative pick-up deals based solely on the strength of their proposal (and I'm talking about with some pretty big companies here, like Lion's Gate and Miramax), but how are they even getting these proposals into the hands of people who will not only look at them but have the power to get the deal?

After a while, we all get frustrated - investors won't come on board without distribution in place(!!!) - and then we come across sites which promise the answers to all our problems... but only for $500.

Who wouldn't be dubious?

Anyway, sorry for going on. If you found anything worth-while and could recommend it, I'd be grateful.

I totally understand. I did say that I've been reading books on media distribution lately, not tonnes of them. Just so I'm clear. I'm not an expert though I do have solid opinions and I'd hope others would get in on the discussion regardless whether they agree or disagree.

The independent film maker who refuses to learn the nuances of distribution is in my opinion, not taking their future into their own hands and effectively crossing their fingers and hoping things will work out for the best for them.

Lets first start off with some basics of money. The best way to get money is to find something someone wants and sell it to them. If you need more money, repeat the process.

How is this related to independent film making? If you want people to pay to watch your film... or you need an investor to give you money... or you need a distributor to distribute your film... hmm... The concept is rather important as you need to find something that all of those people want and are willing to pay for. The willing to pay for is an important concept.

You want investors to invest in your film? You need to sell them something they want. What do investors want? Profit from their investment. Before you go to an investor, you need to have a plan to how you're going to do that. If you're full of crap or they don't believe your plan or your contigencies will work, they're not going to invest. If your plan is "Make the movie and then sell it to a distributor", you better find your sucker investor before someone else does.
What do you say when an investor asks: What about this Hollywood creative accounting I've heard of? How can Harry Potter take $800mil in the box office and still have made a loss? Source: http://www.techdirt.com/articles/20100708/02510310122.shtml

To be able to come up with that plan, you're going to need to know how distribution works. It's such an important part of making money from your movie.

What would you do if you take your movie to a distributor services and they agree to distribute your film for a 35% distribution fee and you have to pay them 10k in advance without even looking at your movie or knowing who you are. Do you take the deal? What if its the only deal you've been offered? If no, what then? What other questions do you ask?

What do you do if you cannot find a distributor who wants to distribute your film... What happens if you signed a deal with a distributor and they go broke in the mean time? What if the distributor rejects your film after delivery due to quality issues? Are you going to go for a day and date? Are you going grass roots? If so, how? What about 4 walling? When are you going to schedule the release?

Some of these are producer questions, some of these are questions about distribution. They're all important, and some of them are going to have no real bearing on you.

Now, lets talk about the side of the distributor. Typically when someone approaches a distributor to distribute their movie, their focus is usually getting a theatrical release and an advance. How does this fit in with "Find out what they want and sell it to them?" People need to think of what a distributor wants. Do they want more horror movies since they're easier and cheaper to release and promote? What if you've made a Romance Action movie?

What the distributor wants it to make money. To do that, they need to be able to sell your film to movie goers. So then you also need to "Find out what the audience want, and sell it to them". Well the distributor sells it to them for you, but you get the point.

Distribution is complicated, really complicated due to there are so many different genre's, different countries, different cultures, different distribution companies, different viewers, different platforms. Reading will help you with some of it, but experience is really going to help, even when it comes from other industries.

Why do some people get the deal where others don't. Some people get deals from being in the right place at the right time. Others get the deals because of dogged persistence. Some get the deals due to having the best product at the right time. Imagine what would have happened if someone picked up the rights to Hunger Games early, the production companies would have 2 choices. Not picking it up or dealing with you.

There is a thought that the production companies aren't interested in scripts and ideas from outsiders. The truth of the matter is, they are. Most people aren't ready and/or don't have the correct materials to make it happen.

There was a training package (I think it was Ed Burton) that told film makers to look and look and look at scripts until you found the perfect script. Not one that was close, but the perfect script. One that needs no extra work. And this is his advice for a first timer who needs to borrow $20 from mum to get petrol. Imagine the standards that are required for a studio to consider spending $50mil on your idea.

In my opinion, all this needs to be taken into account before you even start writing. It's a tough business. If it were easy, the greats wouldn't be earning the big bucks though.

Recent book list that I think have lots to do with Distribution, even though some aren't directly relevent. There was another book or two that should be added to the list but I cannot find the name of them right now.

The Business of Media Distribution is the lately one I read: It's a very worth while read. Lacks practical suggestions, but really goes into the nitty gritty of media distribution.
Source: http://www.amazon.com/The-Business-...r=8-1&keywords=business+of+media+distribution

Written by the insider who headed sales for Lucasfilm across distribution markets and managed the release of Star Wars Episode III, this is the first book to show how all related media distribution markets, including television, video and online, work together and independently to finance and maximize profits on productions. It demystifies how an idea moves from concept to profits and how distribution quietly dominates an industry otherwise grounded in high profile elements (production, marketing, creative, finance, law).

The book provides a unique apprenticeship to the business, illuminating at a macro level how an idea can move from concept to generating $1 Billion, relating theory and practice in the context of the maturation of global market segments, and exposing the devil in the detail that impacts bottom line profits.

Producers, media executives, students and entertainment attorneys in specific niches will benefit from this wide-ranging look at the business across various distribution outlets, including theatrical, video, television, online, merchandising, video-on-demand, etc. This book is officially endorsed by Variety magazine.

* Covers the entire range distribution outlets; learn how your speciality relates to the big picture * The definitive book on how studios and networks make money; apply the knowledge and concepts to your business - endorsed by Variety magazine! * Demystifies net and gross: learn how/when you get the money once you've produced a film *Includes perspectives from leading industry executives from studios, networks and online leaders, including Fox, Paramount, MGM, ABC, Lucasfilm, Pixar, YouTube, Hulu, Amazon, etc. *Illustrates historical film windows, the economic drivers behind them, and how online and digital delivery applications are changing the landscape * Relates economic theory, in the trenches practices, market history and current trends *Explores and highlights online influences to each sub-distribution market (e.g., film, video, TV) throughout the development, production, financing, marketing and distribution chain


There was one that was called something like "how to sell your movie without selling your soul". It was more about independent guerilla style marketing. It was a quick and easy read, I don't seem to have it anymore, but it did give ideas of what to do if a distributor wasn't interested.

Producer's Business Handbook.
Source: http://www.amazon.com/Producers-Bus...&sr=1-1&keywords=producer's+business+handbook

Gain a comprehensive understanding of the business of entertainment and learn to successfully engage in all related aspects of global production and exploitation with this revised and updated handbook. With The Producer's Business Handbook as a guide, you'll learn to create the relationships that the most successful producers have with the various participants in the motion picture industry-this guide provides a global view of how producers direct their relationships with domestic and foreign studios, agencies, attorneys, talent, completion guarantors, banks, and private investors.

You get a thorough orientation to operating production development and single-purpose production companies. You'll also become familiar with the team roles needed to operate these companies, and learn how to attach and direct them. For those outside the US, also included is information on how to produce successful films without government funding. This edition has been updated to include comprehensive information on the internal greenlighting process, government financing, and determining actual cost-of-money. It includes new, simplified project evaluation tools, expediting funding and distribution. Together with its companion website (www.producersbusinesshb.com)--which contains valuable forms and spreadsheets, tutorials, and samples-this handbook presents both instruction and worksheet support to independent producers at all levels of experience.

New to the 3rd Edition: * Production Financing Worksheet-a producer's must-have * Comprehensive new media, financing, and distribution updates of all chapters * Expanded global focus and references * Internet marketing & DIY distribution * Financing sources * Access to a website providing spreadsheets available nowhere else: Financing Worksheet, greenlighting worksheets, film comparables, activity and cash flow projections, and more

Film and Video Budgets 5th Edition.
Source: http://www.amazon.com/Film-Video-Bu...789945&sr=1-1&keywords=film+and+video+budgets
Deke Simon is a writer/producer/director of documentary, dramatic, and informational programs for television and education. His work has been honored with numerous awards, including two L.A. Emmy Awards, and four L.A. Emmy nominations. His credits include series and specials for MCA/Universal, Turner, Discovery, Fox, Fox-Health, Paramount, ESPN, and PBS. More recently, Simon has produced programs for social change, with a focus on people in recovery from alcohol and drug addiction, including prison inmates and parolees and their families. These curricula are used by thousands of public and private treatment centers and by virtually every state and federal prison in the U.S. He also teaches classes in production management at Loyola Marymount University.
Currently reading, The Hollywood Economist.
Source: http://www.amazon.com/Hollywood-Eco...349789995&sr=1-1&keywords=hollywood+economist

A fully revised edition of the popular guide to Hollywood finances, updated to reflect even newer films and trends

In a Freakonomics-meets-Hollywood saga, veteran investigative reporter Edward Jay Epstein goes undercover to explore Hollywood’s “invisible money machine,” probing the dazzlingly complicated finances behind the hits and flops, while he answers a surprisingly difficult question: How do the studiosmake their money?

In this, a revised and updated edition The Hollywood Economist, we learn:

+ The future of Netflix: Why the “next big thing” now seems in such deep trouble...

+ What it costs to insure Nicole Kidman’s right knee…

+ How Hollywood manipulates Wall Street, including the story of the acquisition of MGM… wherein a consortium of banks and hedge funds lost some $5 billion… while Hollywood made millions.

+ Why Arnold Schwarzenegger is considered a contract genius…

+ The fate of serious fare: How HBO, AMC, and Showtime have found ways to make money offer adult drama, while the Hollywood studios prefer to cater to teen audiences.

Next on my life, The Insiders Guide to Film Finance.
Source: http://www.amazon.com/Insiders-Guid...1&keywords=The+Insiders+Guide+to+Film+Finance
Financing an independent feature film production is a highly complex process. This book demystifies the legal and commercial implications of a film from start to finish. It provides a detailed survey of each of the processes and players involved, and analyses of the legal and commercial issues faced by all of the participants in a film financing transaction. Packed with legal advice and straight forward explanations this is an essential reference for filmmakers worldwide.

With contributions from leading professionals around the world, and an up-to-date international approach, this is an invaluable tool for producers, and others involved in the film industry.

Includes: Case studies, Sample Recoupment Schedules, Alternative Financing Models, Glossary of Film Financing and Banking Terms

Philip Alberstat is a media finance and production lawyer specialising in film, television and broadcasting. He has worked on films such as The 51st State, Goodbye Mr Steadman, Tooth and numerous television programmes and series. He is on the editorial board of Entertainment Law Review and is the author of The Independent Producers Guide to Film and TV Contracts (2000), and Law and the Media (2002).

Philip is involved in raising finance for film and television productions and negotiating and structuring film and television deals. He undertakes corporate and commercial work and handles the intellectual property aspects of broadcasting and finance transactions. He has also executive produced numerous film and television productions. He won an Emmy Award in 2004 as an Executive Producer of the Film, "The Incredible Mrs. Ritchie".

Philip joined Osborne Clarke as a partner in February 2002. Prior to that he was Head of Legal and Business Affairs with one of the largest independent TV production companies in the UK. He was previously Head of Media at Baker & McKenzie and began his career at Olswang. He was winner of the Lawyer/Hifal Award for Solicitor of the year in 1997 and is listed in Legal Experts in the area of Film Finance/Media.

* Offers an inside view on film finance with insights from leading professionals
* Provides all the information needed to become knowledgeable of the legal and commercial issues for film finance transactions
* Includes sample contracts, Inter-Party Agreement, Charge and Deed of Assignment, Notice of Assignment, Banking Term Sheets, Loan Agreement, Collection Agreement, Inter-Creditor Agreement, Chain of Title Opinion

Pocket Lawyer for Filmmakers:
Source: http://www.amazon.com/Pocket-Lawyer...&sr=1-1&keywords=pocket+lawyer+for+filmmakers


* How can you use a state's film tax credits to fund your film? SEE PAGE 63.

* You have an idea you want to pitch to a production company; how do you safeguard your concept? SEE PAGE 77.

* How can you fund your production with product placement? SEE PAGE 157.

* How do you get a script to popular Hollywood actors and deal with their agents? SEE PAGE 222.

Find quick answers to these and hundreds of other questions in this new edition of The Pocket Lawyer for Filmmakers. This no-nonsense reference provides fast answers in plain English-no law degree required! Arm yourself with the practical advice of author Thomas Crowell, a TV-producer-turned-entertainment-lawyer.

This new edition features:

* New sections on product placement, film tax credits and production incentive financing, Letters of Intent, and DIY distribution (four-walling, YouTube, Download-to-own, Amazon.com, iTunes, and Netflix)

* Updated case law

* Even more charts and graphics to help you find the information you need even more quickly.

This book is the next best thing to having an entertainment attorney on retainer!

* Avoid legal pitfalls with this quick reference guide- get real answers written in plain English for filmmakers, not for lawyers * Three books in one: a handy manual on film contracts, a step-by-step guide to critical legal issues on and off the set, and a quick reference on copyright and intellectual property issues *Revised and updated to cover YouTube, Internet distribution, webisodes, and production services agreements
 
Excellent post, Sweetie!
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I linked it from a relevant thread of my own.
All credit for the provision to you!

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Great post! Super helpful. Q. for anyone: when a distributor only lists an email address under "Acquisitions" what is the best way to approach them? Proper format, etc? I've looked around and haven't found much. Any help is appreciated! :)
 
Are you talking a finished product or a product in development?

If you're talking finished product, just email them saying that you have a finished film, give them a brief synopsis, your best description of your hook and if you have a decent trailer, also include that (or a link to it). Also include your demographic if you know what it is.

While this isn't from experience, but everything that I've read lately, distributors, and especially their acquisitions dept ARE looking for things to distribute. Unless they're overloaded, they'll look over what you have (not necessarily watch the whole way through, but at least the first 5 mins). If its something that they're interested in, they'll let you know.... then you can start to talk terms.

For a product in development, that's a whole different kettle of fish. Not every distribution company is going to be interested in talking with you, even less so if you're unproven. You're probably best off calling the company and talking with the telephone operator and ask if they have a dept that deals with development. If not, ask if they can refer you to someone.

Good luck!
 
Great post! Super helpful. Q. for anyone: when a distributor only lists an email address under "Acquisitions" what is the best way to approach them? Proper format, etc? I've looked around and haven't found much. Any help is appreciated! :)

My strong advice on this, is to not email, but call. Have your "elevator pitch" ready in case you get the acquisitions person, or their assistant. Once you call, if they THEN tell you to email them, okay. But don't start out this way. (Do you have any idea how many emails people get daily, working in the film business? How many do you get daily? Your email will possibly get lost/buried, but even if it doesn't and they don't respond to it... you then have no idea if they saw it or not.)

Also, and this is counter to what some say, but I generally recommend never showing a distributor your trailer (for a completed film). At least not till you make a deal. (This advice is for domestic distribution deals only.)

WHY?

Because you want them to watch your whole movie, not the 2 minute trailer. No domestic (U.S.) distributor will buy your movie or make any deal off of a trailer. None. The only thing a trailer can do is entice them to watch your whole movie. But here's the kicker: If they watch your trailer and don't like it, they will NOT then watch or accept your movie being sent in to them. Won't happen. They don't have the time, and (often correctly) figure if your trailer isn't up to par, your movie won't be either.

Therefore, don't give them an "easy" way to say 'pass'. You must ideally make them believe you have a winner on your hands, so that they'll watch the whole movie -- or at least sit down with the intention to do so. (Obviously, if they don't like the first 5 or 10 minutes, they'll stop watching.)

This advice above is for domestic (U.S.) distribution only, not for foreign sales companies and international distributors.

JC
 
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