The Evolution of the Education Market

Our guest blog author this month is Vanessa Domico, who has more than 30 years of business experience in both the corporate and non-profit sectors. In 2000, Vanessa joined the team of WMM (Women Make Movies), first as the Marketing and Distribution Director, and eventually Deputy Director. Wanting to work more closely with filmmakers, Vanessa left WMM in 2004 to start Outcast Films.

As the summer winds down and the new school year approaches, Outcast Films is revving up marketing initiatives for our fall releases. Rolling around in the back of my head is how much technology has changed the business of film distribution: everything from how we position the films to our audience of teachers and librarians to how we deliver the films.

Our primary goal at Outcast is servicing our customers: teachers and librarians. These are the folks that are going to pay money to purchase and rent your film. I think you will agree with me that if teachers and librarians don’t know about the fantastic new documentary you just finished, then what’s the point?

When I started Outcast Films in 2004, we were distributing VHS tapes. A few years later, DVDs (and Blu-rays) hit the market and VHS tapes were quickly made obsolete. Now, here we are in 2018, with educational digital platforms like Kanopy, AVON (Alexander Street Press), and Hoopla, all of whom service the educational and library markets, not to mention Amazon, Netflix, iTunes and so on, digital is moving at light speed forward.

Two years ago, 95% of our income came from DVD sales. Last year that number dropped to 75% and halfway through this year DVD sales only represent approximately 45% of our total sales. By the end of 2020, I believe DVDs will be just like VHS tapes and dinosaurs. There will be some DVD/Blu-ray sales, of course, but for students, teachers, and the increased demand for on-line college classes in the U.S. digital is the future. The problem is technology should work for everyone—big and small – and it doesn’t.

For this blog, I am focusing solely on the educational market, which is Outcast Films’ area of expertise. But giant tech companies like Amazon, Netflix and Hulu also play a huge factor especially in collapsing the markets. For a couple years now, Netflix has been demanding hold back rights for up to three years from the educational platforms like Kanopy and AVON. Now other big tech companies are placing the same demands on producers: you can come with us or go with Kanopy. Most filmmakers will obviously take the bigger money contracts. (I know I would.) But ultimately, this is driving the cost down for consumers which is good for all of us who like to watch films but bad for the bank accounts of filmmakers.

Kanopy’s collection has comprised of approximately 30,000 titles and AVON has over 100,000. It is impossible for these platforms, to market all their films, all the time. That is not a knock against Kanopy or AVON, I think they have been leaders in the industry and I have a tremendous amount of respect for them. They are providing a great service that students and teachers love.

However, a recent monitoring of VIDLIB, a listserv frequented by academic librarians, reveals that many of them are beginning to rail against some platforms like Kanopy and AVON. You can access the entire discussion by signing up for the VIDLIB listserv but for your convenience, I’ve included some anonymous excerpts below:

• “We are concerned about our rising costs from Kanopy”
• “I believe many of us could not foresee just how expensive streaming, DSLs, etc. would cost us in the long run.”
• “Librarians jobs have become more accountant in nature than collection development.”
• “Trying to balance the needs of faculty/our community for access with a commitment to continue to develop and maintain a lasting collection is difficult.”
• “Our IT department is over-taxed as is and does not have the resources to devote to hosting streaming video files.”
• “We basically had to stop all collection development.”
• “The paradox of increasing production and availability of media resources and shrinking acquisition budgets, due to streaming costs is a disturbing trend, particularly when considering that 100% of our video budget went to DVD acquisitions just four years ago.”
• “(our budget for DVDs) is $20,000 and there’s no way we can purchase in-perpetuity rights for digital files; and, really, there’s no way we can ‘do it all’ or meet all needs.”
• “We love Kanopy – but when it costs $150/year to just provide access, not ownership, to one title, it’s really, really hard to justify.”
• “State legislators are beginning to put pressure on schools to find ways to reduce the cost of things like books, etc.”
• “When colleges and universities are already under fire for the cost of textbooks, etc., asking students to pay one more additional cost gets lumped into the argument about the increasing cost of higher education.”

The concerns these librarians have expressed have been on a slow simmer the last few years but it’s only a matter of time before they hit a full-on pasta boil. One of the most significant concerns, and the one that will affect filmmakers most, is the high cost of streaming.

Another factor that we need to consider is the copyright law and the “Teacher’s Exemption”. With the help of the University of Minnesota, the law is simplified below:

• The Classroom Use Exemption
• Copyright law places a high value on educational uses. The Classroom Use Exemption (17 U.S.C. §110(1)) only applies in very limited situations, but where it does apply, it gives some pretty clear rights.
• To qualify for this exemption, you must: be in a classroom (“or similar place devoted to instruction”). Be there in person, engaged in face-to-face teaching activities. Be at a nonprofit educational institution.
• If (and only if!) you meet these conditions, the exemption gives both instructors and students broad rights to perform or display any works. That means instructors can play movies for their students, at any length (though not from illegitimate copies!)

In other words, if a teacher is going to use the film in their classroom, and they teach in a public university or high school, they do not need anybody’s permission to stream the film to their students.

That’s not the best news for filmmakers but I always say: facts are your friends. Knowing that they won’t need your permission, what can you do to ensure teachers see (and love) your film?

Stay with me because I’m going to ask you to do a little math:

If a librarian has a budget of $20,000 a year for films, at an average cost of $150 for a one-year digital site license (DSL), then they can expect to rent approximately 133 DSLs a year. According to Quora, there are nearly 10,000 films currently being made each year and that number is growing (thanks in large part to technology.) The bottom line is that you have a 1.3% chance that your film will be rented by that university or college. If we increase the library’s budget 5 times, your chance increases to 6.5% which are not great odds.

Facts are our friends. If independent film producers and companies like Outcast Films are going to survive in this volatile business, we need to embrace the facts to solve the problems which means doing your homework. Filmmakers who think they have a great film for the educational market, will have to make their film available through digital platforms. But if they want to increase their odds of selling the film, you will also have to do their own marketing – or hire someone who has experience in the business to help you.

Here are a few tips to help you get started:

• Define and establish your goals as soon as possible
• Write copy for your film with your audience in mind (i.e. teachers are going to want to know how they can use this film in their class)
• Organize a college tour before you turn over the rights of the film
• In the process, find academic advocates who will present the film at conferences AND recommend it to their librarians.

The educational market is a very important audience to reach for many filmmakers. I think most folks reading this blog would agree there is not a better way to educate than by using film. The educational market can also be lucrative, but librarians cannot sustain the increase in costs for steaming over the long haul. As information flows freely through technology, teachers are becoming savvy to the business and realize they don’t need permission to stream a film in their classroom if they respect the criteria set forth in the copyright law.

Remember, facts are our friends. If you think your film is perfect for the educational market, then do your homework: research, strategize and find partners who will help you.

David Averbach August 1st, 2018

Posted In: Digital Distribution, Distribution, education, Netflix, Uncategorized