Sundance Narratives 2013-how did they fare in release?
Sundance narrative films are the ones that get the bulk of the media attention; their star power or discovery or indie cred frequently send some of these gems into financial success. But last year’s majority resulted in distributors overpaying for titles, titles going for next to nothing, or even failing to secure distribution. Frequently, the filmmakers and/or the distributors were in the red.
For all the talk of the slower fest this year, there are now 10 films that have secured seven figure deals. Last year’s fest had 14 or 15 (one has conflicting dollar amounts in reports). While this year’s deals are nowhere near the $9.75 Mil paid for The Way Way Back, it does suggest a healthier marketplace with sane sales prices. With that in mind, let’s take a look at how last year’s slate performed. Over 80% secured domestic distribution.
photo credit Punk Toad
AWARDS POWER FOR US DRAMATIC
Last year’s US Dramatic award winners were also the top indie box office performers.
The highest grossing competition film, Fruitvale Station, won the Audience and Grand Jury awards. Though it failed to get an Oscar nomination, TWC managed a healthy $16 Mil + theatrically. That is notably better than the previous year’s jury winner Beasts of the Southern Wild.
The second highest grossing film from the US Dramatic section was The Spectacular Now. A24 which has tailored itself to films for younger demos (VERY VERY BOLD MOVE given how hard it can be to reach the under 25 audience for indies). The $1.5 Mil acquisition grossed $6.85 Mil theatrically.
Roadside Attractions snagged the Waldo Salt Screenwriting Award Winner In A World, which surprised many with a gross of just under $3 Mil. Afternoon Delight, which won last year’s Directing Award, made $174k with Film Arcade doing the theatrical and Cinedigm handling digital. Shane Carruth’s self-distributed Upstream Color won a special jury prize for sound. The film is the highest grossing DIY release from last year’s festival with a total of $444k and a very healthy iTunes total, however, it is likely that Gravitas Ventures pushed Sound City into the ultimate #1 spot. Never under-estimate the power of a music doc. Mother of George and Ain’t them Bodies Saint’s shared the cinematography prize. Mother Of George was Oscilloscope’s highest grossing release last year at over $157k and Ain’t Them Bodies Saints made $371K under the direction of IFC. That total is arguably a disappointment with all of the hype surrounding the film, stellar critical praise and the seven figure acquisition price.
In contrast, the films that did not win awards had very mixed results. Many of these films (award winners included) had $1-8 Million production budgets and, in fact, most failed to recoup from their initial distribution deals. Perhaps their investors will see money back eventually.
The non-award-winners include C.O.G. and Concussion. Both finished with around $50k theatrically. Focus World/Screen Media can’t be happy with the performance of C.O.G., the first David Sedaris short story turned into a film. Concussion was day and date release and Radius TWC has said the film was a top performer on digital platforms. Without publicly available data, we have to take their word for it. Meanwhile, Kill Your Darlings just barely passed the $1 Mil mark for SPC, who paid around $2 Mil for the film. They acquired a number of other territories and the film will obviously be stronger on digital platforms. It is the second year in a row that SPC acquired a film featuring a younger cast, then held onto it to screen 8 months later at Toronto International Film Festival and failed to earn back ½ of their acquisitions cost in theatrical release. The strategy of waiting to launch out of TIFF and going for the younger American audience clearly isn’t working for them and should be rethought. I personally think it’s a mix of both. In this day and age, I can think of very few reasons where waiting 8 months between festivals makes any sense.
Also underperforming to the acquisitions price was SPC’s Austenland. It has grossed $2.15 Mil in the US and is the highest grossing non award winning US Dramatic film. However SPC paid $4.5 Mil in partnership with SPWA. The additional territories and better digital viewing could possibly pull the film to break even, still well below what one wants from that kind of high profile buy.
Far on the other side of the spectrum are the D.O.A.’s The Lifeguard and Emanuel and the Truth About Fishes. The former released by Screen Media and the latter by Tribeca Film and Well Go USA. In both cases, bad reviews clearly harmed these films which both had semi-marketable casts. Even with solid digital revenue, both films, which were likely acquired for under six figures, can be called flops. The same can be said for Magnolia’s Touchy Feely which managed $36k, not even 1/15th of Lynn Shelton’s Humpday. The 35% enthusiasm rating on Rotten Tomatoes indicates how the film was received.
CBS Films acquired Kings of Summer (originally called Toy’s Attic). Though they stated in their original acquisitions announcement that the film would open wide, it never did, so one has to assume they tried to cut their losses and the $1.315 Mil it made theatrical was nowhere near what they were anticipating. The film has much of the same demo as The Spectacular Now, but with none of the star power or awards profile attention.
WORLD DRAMATIC FAILURE
75% of the World Dramatic slate lacks domestic distribution as of this post. The other three films include one yet to be released (despite it winning an Award at Sundance and being UK’s Oscar submission (Metro Manila), one that failed to crack $15k (Il Futuro) and one modest performing success. Crystal Fairy is the only world dramatic film to have any kind of traction in the US. The Day one selection made $192k theatrically in the care of IFC.
NEXT STRUGGLES
Unlike when Sleepwalk With Me became a hit for IFC, 2013’s NEXT crop of films were largely modest to middling performers. A Teacher failed to crack $10k in the hands of Oscilloscope, Pit Stop (which TFC handled for festival distribution) went to DVD/Digital with Wolfe, Milkshake and Newlyweeds barely made a whimper with Phase 4. Audience Award Winner, This is Martin Bonner couldn’t pass $15k and Strand Releasing’s I Used to be Darker stopped short of $25k. Blue Caprice fell just short of $100k for IFC/Sudance Selects. At one point, it was in 36 theaters. For a film that received such a nice marketing push, it is safe to call it an underperformer at the box office, even more so with its low seven figure acquisitions price which didn’t finalize until March after the festival.
I have already written about Escape From Tomorrow and it’s self financed theatrical/digital performance with Producer’s Distribution Agency. The film has failed to make back its budget through the combined total, and that doesn’t factor in any P&A spent or revenue splits. The one real bright spot is Computer Chess. Kino Lorber had one of its best theatrical runs for a narrative film, solid festival exposure and wisely kept the film in the press and turned down an offer from TIFF that would have made them take a break. The film quietly passed the $100k mark which, given its no-name cast, low fi production values, and vintage style, is quite an accomplishment.
MIDNIGHT SLACKS
While genre films consistently perform better on VOD/Digital, the theatrical realities of last year’s midnight slate is nothing short of a total flop. The Rambler (Anchor Bay), Hell Baby (Millennium), Ass Backwards (Gravitas Ventures), In Fear (Anchor Bay), Magic Magic (Sony Pictures Worldwide) wound up going direct to DVD/Digital, grossing under $10k theatrically, or not reporting box office totals at all. V/H/S 2 barely passed $21k in the hands of Magnolia, a far cry from how it’s predecessor did. Again these films often performed quite well digitally, but for the festival that launched the Saw franchise, none of the entries really made a dent.
We Are What We Are (EOne) is the only Midnight film to pass $50k. Kink, which The Film Collaborative is handling for festivals, was just acquired by MPI Media. Virtually Heroes has yet to make a deal.
PREMIERE FLOPS
Sweetwater, Big Sur, and Charlie Countryman all failed to make a dent at the box office and were either DIY or their distributor did not report the acquisitions price. Each had some form of star power and must be huge disappointments for their financiers. The Look of Love also failed to register theatrically for IFC. The film was Day/Date and if any company can make money back on the digital it would be them. But it’s far from what one wants to see for a seven figure acquisition.
PREMIERE BIG DEALS
Don Jon was bought for $4 Mil by Relativity Media with a $25 Mil P&A. The film has failed to gross $25 Mil at the box office though it is the highest grossing film from last year’s fest. Likely it will barely break even. The Way Way Back was the highest selling direct acquisition at the fest, bought for an estimated $9.75 mil for North American rights and several other territories, but the P&A is unknown. The film exceeded $21 Mil making it ultimately a modest performer for Fox Searchlight though it far outshined previous acquisitions, Stoker and The East, which they acquired pre-fest and neither of which managed over $2.5 Mil.
SPC snagged Before Midnight and the film is the highest grossing of the trilogy with slightly over $8 Mil. It also was just nominated for an Oscar. Closing night film jOBS, on the other hand, only saw a 27% approval rating on Rotten Tomatoes, has a Razzie Award nod and their self financed release with Open Road failed to recoup their costs. Worldwide, the film has grossed almost $36 mil likely on the strength of the Ashton Kutcher name.
We’re anxious to see how this year’s crop performs in release. Already, one World Documentary film, Sepideh Reaching for the Stars, has launched simultaneously with its US premiere on iTunes in the US and Canada, which is a first.
Bryan Glick January 24th, 2014
Posted In: Distribution, Film Festivals, Theatrical
Tags: A Teacher, A24, Ain't Them Bodies Saints, Anchor Bay, Ass Backwards, Austenland, Before Midnight, Big Sur, Blue Caprice, C.O.G. Concussion, CBS Films, Charlie Countryman, Cinedigm, Computer Chess, Crystal Fairy, Don Jon, Emanuel and the Fishes, EOne, Escape from Tomorrow, Fox Searchlight, Fruitvale Station, Gravitas Ventures, Hell Baby, I Used to be Darker, IFC Films, Il Futuro, In A World, In Fear, jOBS, Kill Your Darlings, Kings of Summer, Kink, Kino Lorber, Magic, Magnolia, Metro Manila, Milkshake, Millennium, Mother of George, MPI Media, Newlyweeds, NEXT, Open Road, Oscilloscope, Pit Stop, Producer's Distribution Agency, Radius TWC, Relativity Media, Roadside Attractions, sales prices, Sepideh Reaching for the Stars, Sony Picture Classics, Sound City, Sundance narrative films, Sweetwater, The Lifeguard, The Look of Love, The Rambler, The Spectacular Now, The Way, This is Martin Bonner, Touchy Feely, Tribeca Film, Upstream Color, V/H/S 2, Virtually Heroes, Way Back, We are what we are, Well Go
Sundance docs 2013-how did they fare in release?
It’s a new year, Oscar Campaigning is in full swing and that must mean one thing….Sundance is upon us!
There is no doubt that Sundance is the best launching pad for documentaries in the US if not the world. 10 of the 15 Oscar Shortlisted Docs premiered at Sundance, including the highest grossing doc of the year, 20 Feet from Stardom. Furthermore almost 90% of all docs had some form of domestic distribution secured.
There has been a lot of chatter about the recent New York Times article talking about too many films entering into a shrinking marketplace. I am usually quite the pessimist and cynic, but in this instance it is one of the best things that could have happened for film. THERE IS NO EXCUSE NOT TO HAVE DISTRIBUTION.
I REPEAT…
THERE IS NO EXCUSE NOT TO HAVE DISTRIBUTION. Looking at the films from last year’s festival, it becomes clear that the options are endless. And many films have combined approaches for their DIY. Netflix is distributing the audience award winner, The Square starting January 17. The film had a small DIY theatrical with the help of Participant Media, but that’s not the end of it. When it debuts on Netflix, it will also be available on GATHR only expanding the film’s reach.
With all this said, every filmmaker should be making distribution plans from the beginning. Put money aside to cover a festival premiere (publicist, lodging, travel, prints, etc) and for the strong possibility of a self financed release. Perhaps you’ll never have to use it. But it is better to be prepared.
Now with my rant out of the way, here’s a look at how the film’s from last year’s festival fared in distribution.
EVERY SINGLE US DOCUMENTARY and DOCUMENTARY PREMIERE selection had some form of domestic distribution, but multiple world doc films have yet to line something up in the States.
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DOCUMENTARY WINNERS
TV DOCS (HBO, SHOWTIME, CNN):
HBO acquired TV rights to or produced 7 documentaries from last year’s festival.
Gideon’s Army, Life According to Sam (whose subject passed away this week), Manhunt, and Valentine Road all world premiered in the US Documentary Competition. The Crash Reel and Which Way is the Front Line From Here? The Life and Time of Tim Hetherington screened as documentary premieres and the network acquired world doc entry Pussy Riot – A Punk Prayer for $1,000,000.
Not only does the network connect these films with far more viewers than they could reasonably expect in a theatrical release, but these films are also some of the critical favorites. Four of the seven films are on the Oscar shortlist for documentaries and a fifth won an Emmy.
HBO is not the only TV player in town.
Showtime aired History of the Eagles Part One and The World According To Dick Cheney which were both in the Documentary Premieres section. The Eagles Doc was also an Emmy Award Winner.
CNN Films partnered with Magnolia on Blackfish. The film has been seen by over 20,000,000 people worldwide and grossed north of $2,000,000 in the US. It made the Oscar Shortlist and has been cited as a key reason Sea World’s revenue is down over 30% this year. The acquisition was for $1,000,000, split between the network and Magnolia and certainly profitable for the latter. The company also had Pandora’s Promise which grossed $66k theatrically, but got hundreds of thousands more views on the TV screen via the broadcaster.
MUSIC DOCS
Three of the five highest grossing Sundance docs from last year were about singers/musicians (3 of the top 5 were also sold by Submarine and 4 of the top 5 were distributed by Radius-TWC or Magnolia) Clearly, they are resonating with a larger audience and the top players in documentaries recognize this. What’s truly impressive though is two of these films were day and date releases.
Sound City was a self financed release and dominated iTunes while also grossing over $400,000 in the care of Variance Releasing. While Variance handled the theatrical release of Sound City and Dave Grohl and his team did their own direct distribution through VHX, Gravitas Ventures handled the traditional VOD release of the film both in North America and internationally, including on iTunes. The film has grossed north of 7 figures on VOD since Gravitas Ventures launched it almost a year ago. Muscle Shoals has managed just under $700,000 with Magnolia at the helm, but theirs is a traditional distribution situation and the acquisition amount was not stated. Twenty Feet From Stardom also had a traditional release and has grossed just under $5 million and is RADIUS-TWC highest grossing film to date. The film, acquired for just over a $1 million, is also a top performer digitally and has been selling well internationally.
SELF FINANCED IS POPULAR
Over 25% of Sundance 2013 docs pursued some form of self-distribution.
Running From Crazy, Blood Brother, The Square, God Loves Uganda, American Promise, Linsanity, When I Walk, Sound City, Pandora’s Promise and the yet to be released Citizen Koch all went for self financed theatricals.
Linsanity and Citizen Koch both raised over $100,000 on Kickstarter for their theatrical releases. Linsanity has made $299,408 in cinemas. This more than justifies the DIY campaign and assuming they didn’t pour extra money into the release would net them just over $100,000 before digital and other ancillary are factored in.
The Square, which is the first Netflix Documentary pick up, had a small Oscar Qualifying run that turned into a little bit more and helped the film make the shortlist. It has grossed over $50,000 to date. That threshold was also exceeded by fellow shortlist film God Loves Uganda. Variance is releasing God Loves Uganda and should either film make the final Oscar cut you can expect additional revenue. That said, neither release appears to be profitable on its own. Variance said a few years ago they wouldn’t do a release for under $20,000 and cinemas do take a large chunk of revenues. Add the cost of Oscar Campaigning and the absence of the Netflix deal and God Loves Uganda clearly needs the Oscar nomination to boost its bottom line for digital (It will air on PBS later this year).
Running From Crazy quietly earned $33k, When I Walk did not report totals and Blood Brother has grossed over $50,000, but all through TUGG screenings. Blood Brother’s total is at once impressive and instantly disappointing. The film won the audience and grand jury awards, but failed to generate major buyer interest. ITVS has TV and Cinedigm has digital rights, but the film has become one of the lower grossing performer’s for a major festival award winner. At the same time, it screened at festivals left and right and, while skipping week long engagements, has screened at churches and small towns around the country. It may ultimately reach $100,000 via TUGG.
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DOCUMENTARY UNDERPERFORMERS
While Sundance continues to push for a lot of political docs, they are far from the best performers at the box office. After Tiller is a great film, but hardly a Friday night date movie. Festival revenue has provided a boost for the Oscilloscope release, but with under $70k in theatrical and a solid push for Oscar (it was not shortlisted) feels like a disappointment. Similarly award winners The Square and Blood Brother also are far from the top of the pack at the box office.
Meanwhile, over 1/3 of the World Doc films have nothing lined up for the States and Fire in the Blood is the lowest grossing Sundance Doc from last year that reported box office totals. It still has made about $20k and much of it from TUGG.
Other underperformers include Cutie and the Boxer, which was not day and date, and The Summit, which was one of the biggest doc deals at low 7 figures from Sundance Selects, but failed to pass $300k theatrically. Compared to films like Dirty Wars (IFC) which pulled in $371, 245 and Inequality for All (Radius-TWC) grossing $1.1 million, the buy was a bust.
Next week, we’ll take a look at how the narrative films from Sundance 2013 fared in release.
Bryan Glick January 15th, 2014
Posted In: Distribution, DIY, Film Festivals, Theatrical
Tags: 20 Feet From Stardom, After Tiller, American Promise, Blackfish, Blood Brother, Citizen Koch, CNN, Cutie and the Boxer, Dirty Wars, Fire in the Blood, Gathr, Gideon's Army, God Loves Uganda, HBO, HIstory of the Eagles Part One, Inequality for All, Kickstarter, Life According to Sam, Linsanity, Magnolia, Manhunt, Muscle Shoals, Netflix, Oscar short list, Pandora's Promise, Pussy Riot, Running from Crazy, Showtime, Sound City, Sundance Film Festival, The Crash Reel, The Square, The Summit, The World According to Dick Cheney, theatrical releases, Tugg, Valentine Road, When I Walk, Which Way is the Front Line From Here?
A feature film about male hula dancers enjoys niche success
Written by Keo Woolford, edited by Jeffrey Winter
EDITORS NOTE: Anyone who has read the TFC blog or heard us speak in public knows that strategies for monetizing independent film through audience engagement, focused niche marketing, grassroots outreach and DIY/hybrid release techniques are the tenets of what we teach and preach. Too many filmmakers get lost in the dream that their film should be seen by everyone, so they forget to identify and target (or they willfully ignore) the core demographic for their film.
Every once in a while, however, a film comes along that grows organically from a community, and through careful nurturing by the filmmakers, manages to excite true buzz in its core audience. TFC member film THE HAUMANA, a 2013 film about a high school boy’s hula troupe by filmmaker/actor/hula dancer Keo Woolford, is a perfect model for this kind of niche DIY strategy, born from genuine community spirit.
This month on the blog, we have been advising those headed into the Winter and Spring festivals. If you still haven’t identified the core audience of your film, this post should give you something to think about.
As an actor, I’ve lived and worked in London, New York and Los Angeles. Wherever I go, I take my culture and home with me. I am a proud hula dancer and I would get a little defensive when people would flap their hands at me or ask me, “Where’s your hoop?” It was amazing to me how little people knew about hula and that men even danced hula. This perspective was coming from intelligent and esteemed circles of people, including educators at the University level.
I was blessed to have been commissioned to write and perform a one-man show, directed by Roberta Uno and supported by other sympathetic people and organizations in New York that would expose the struggle of holding on to tradition in post-modern Hawai`i, far from the misconception and misrepresentation of our culture in the global mass media. The show toured for about three years across the United States and also to Manila. Inevitably, audience members would ask if I was going to make a movie about this.
Seed planted.
Cut to a few years later, in between acting gigs, and the conception of the screenplay was born. I originally wrote the lead role for myself. But as time for production crept up, I knew it was my responsibility to oversee the project to keep my vision intact.
The screenplay and film were created for the culture I feel so proud to be a part of; the hula community, both in Hawai`i and outside of Hawai`i. It was also for the local Hawai`i population and the diaspora of Hawaiians and former residents of Hawai`i who still maintain a strong connection to their home and for the people who want to know a little bit more about our culture. It was a goal of mine to show this side of our culture from an insider’s perspective versus someone’s “idea” of what our culture is about. At the same time, I wanted to entertain the audience and not be didactic or documentary about the approach.
I won’t say too much about the budget except that this would be considered a micro-budget feature. I put up most of the money and my best friend helped me raise the bulk of the rest by getting friends to invest for producer points. We did an Indiegogo campaign, which raised a couple of thousand extra. More than anything, though, it was the generosity of the community, crew and cast that kept our budget so low. Everyone worked for reduced or base rates, and the rest of the resources, work, time and talents were enthusiastically “donated.”
This was my first venture in such an undertaking. I have no college or film school degree, and no previous experience in writing, directing or producing such a project. I just had the burning passion to show the world a little more about our culture and assumed the hula and Hawaiian community at home and at large felt the same way about seeing something like that. Therefore, although I didn’t think about it much at first, I always knew that there was a core audience I could draw on, and hoped this film would speak to them.
My initial idea was to get into all the big festivals. Deadlines were coming up quickly and I sent them unfinished versions of the film (which I will never, ever, ever do again, even if they say they accept unfinished submissions). One by one, I was denied. I didn’t mind so much. It drove me to make the film better and gave me that much more time to finish my film the way I wanted. And in the end, I realized I needed every extra minute.
Finally, a programmer named Anderson Le who works for both the Hawaii International Film Festival and Los Angeles Asian-Pacific Film Festival approached me about submitting to these two festivals [editor’s note: Hawaii International (HIFF) and LAAPFF are unquestionably two of the most important showcases for Asian/Asian-American/Pacific Islander film in North America. HIFF also includes many other kinds of cinema as well, but is particularly well known as a “gateway to Asia.” It is important to remember that many “niche” films may find better premieres in specialty festivals than in the large, generic ones.] At that point, I had really become gun shy about submitting an unfinished cut, but ended up giving him the latest version to screen. This time proved to be a charm.
THE HAUMANA was accepted into both festivals and ended up winning the Audience Award at both festivals. It made history at HIFF by being only the second film to ever sell out the 1400-seat Hawaii Theatre (the first was Crouching Tiger, Hidden Dragon) and it was HIFF’s Official Closing Night Film. We also won a Special Jury Prize for Best First Feature from LAAPFF. Since then, it has played in a handful of other film festivals and won another Audience Award at the Philadelphia Asian Film Festival and was nominated for Best Film and Best Ensemble at the Orlando Film Festival.
With the support of these festivals, the word of mouth has spread quickly. From the success we garnered at HIFF, the film was picked up for a run at a small theatrical cinema on O`ahu, where the opening weekend gross was around $10,000. It just completed it’s 9th week at the theater. It is also available On-Demand to all Hawai`i residents
The parent company of the theater in O’ahu (Pearlridge Consolidated) was so enthusiastic about the numbers that they also invited the film to open at a theater they own in New York City, the well-known Village East Cinema. I originally assumed they wanted it for a single screening, but then they told me they wanted it for a one-week limited engagement! And then it was extended for a second week! I don’t have the grosses at the moment, but hope they will give them to me soon.
In addition, the film has also been playing a combination of four-wall screenings and Gathr screenings across the county, selling out the majority of the screenings where the average net is approximately $1500-$2000 per four-wall event.
The strategy has been simple. Hit the core target audience of the film and let the word of mouth carry it even further. Wherever the film has played, the word of mouth has been incredibly strong. The community is passionate about their culture and hungry for work that represents them in a positive and authentic light. I know this, because I am one of them. I have the same passion and hunger for my culture.
Most of the marketing has come from social media. I’m almost embarrassed to say that I didn’t start a Facebook page until about a year after we wrapped principle photography! But once I realized the power of social media, I went all in and I am amazed at how quickly the word spread about the film through Facebook alone. I also have a dear friend, Tracy Larrua, who is my PR person. She has been extremely hardworking and effective in getting the news out about the film into TV and press in various forms. And I had a trailer made as a teaser and then as a 30-second TV spot that played Hawai’i for 5 weeks, which has also been well-received on YouTube.
Through Facebook, I had been getting many inquiries on our page about screenings in a bunch of locations around the world. I did some research on four-walling and once the film made it’s Hawai`i premiere, I wanted to get it out to as many places as I could. The handful of festivals the film was invited to didn’t reach many areas the inquiries were coming from, so I put up a page on our website that allowed anyone who wanted to set up a screening or fundraiser event to contact us to arrange one.
The emails flooded in. Most were from Hālau (hula schools) around the country who wanted to use the film as a fundraiser to raise awareness about hula and our culture. There are several thousand hula schools across the U.S. alone, and these have been an invaluable resource for four-walled community screenings of the film. In general for fundraisers, we split the cost of the theater and then split the revenue from ticket sales. The average costs of the theaters have been about $850. The average net from the screenings has been about $1200. [Editor’s note: on an earlier film TFC worked on, another Hawaii-themed film called PRINCESS KAIULANI, we also used the Halau network for word-of mouth outreach. You can get a taste of what that network looks like at http://www.mele.com/resources/hula.html. It was easily found via Google. It is worth noting that many niche films have some sort of network like this that can be identified, although certainly not always as loyal as this one!]
I was also very fortunate to have a grant from the Ford Foundation pay for the flights and accommodations for the screenings when my travel wasn’t paid. Now we are signed with Gathr, a Theatrical On-Demand company that arranges screenings anywhere in the country. I still do the fundraiser model for the groups that still want to do those.
As of this writing, I plan to continue to do Gathr and fundraiser/four-wall screenings across the country and then pursue a similar model in Japan and Mexico where the hula communities are even larger than in the United States. I have been getting requests on our website and Facebook page from around the world about the film and hope to reach them somehow as well. A DVD release is planned sometime in the middle of 2014 for the States, after we get the word out a little bit more through the screenings and grassroots tour. There are a couple of other festivals that the film will play in as well.
In the beginning, I was just hoping the film would get into a couple of festivals. And now I am traveling to so many places and seeing how people are affected by the film. It has turned out to be so much more than I had expected in so many ways. I am continually humbled and overwhelmed by the response of the film and am so grateful for every experience it has brought me.
EDITOR’S POSTSCRIPT: We posted this blog not to try and trick anyone into thinking that ALL indie films can find niche success in this manner – of course not all films lend themselves to this kind of passionate niche marketing. But rather THE HAUMANA serves as a mirror that all films should at least take a long look into, asking yourself the all-important question….who is the audience for my film?
Jeffrey Winter December 30th, 2013
Posted In: Distribution, Film Festivals, Marketing
Tags: Gathr, grassroots outreach, Halau, Hawai'i, Hawaii International Film Festival, hula, indiegogo, Jeffrey Winter, Keo Woolford, Los Angeles Asian-Pacific Film Festival, niche audience, The Film Collaborative, The Haumana, word of mouth
Considerations before starting distribution
Written by Orly Ravid and Sheri Candler
Now that the line up for feature films screening in Park City has been announced and the Berlinale is starting to reveal its selections, let’s turn our attention to the potential publicity and sales opportunities that await these films.
For those with lower budget, no-notable-names-involved films heading to Park City this January, we understand the excitement and hopefulness of the distribution offers you believe your film will attract, but we also want to implore you to be aware that not every film selected for a Park City screening will receive a significant distribution offer. There are a many other opportunities, perhaps BETTER opportunities, for your film to reach a global (not just domestic) audience, but if you aren’t prepared for both scenarios, the future of your film could be bleak.
For any other filmmaker whose film is NOT heading to Park City, this post will be vital.
Have you been a responsible filmmaker?
What does this mean? Time and again we at The Film Collaborative see filmmakers willingly, enthusiastically going into debt, either raising money from investors or credit cards or second mortgages (eek!) in order to bring their stories to life. But being a responsible filmmaker means before you started production, you clearly and realistically understood the market for your film. When you expect your film to: get TV sales, international sales, a decent Netflix fee, a theatrical release, a cable VOD/digital release, do you understand the decision making process involved in the buying of films for release? Do you understand how many middlemen may stand in the money chain before you get your share of the money to pay back financing? Was any research on this conducted BEFORE the production started? With the amount of information on sites like The Film Collaborative, MovieMaker, Filmmaker Magazine, IndieWire and hundreds of blogs online, there is no longer an excuse for not knowing the answers to most of these questions well before a production starts. This research is now your responsibility once you’ve taken investors’ money (even if the investor is yourself) and you want to pursue your distribution options. Always find out about middlemen before closing a deal, even for sales from a sales agent’s or distributor’s website, there may be middlemen involved that take a hefty chunk that reduces yours.
Where does your film fit in the marketplace?
Top festivals like Sundance, Berlin, Cannes, Toronto give a film the start of a pedigree, but if your film doesn’t have that, significant distribution offers from outside companies will be limited. Don’t compare the prospects for your film to previous films on its content or tone alone. If your film doesn’t have prestige, or names, or similar publicity coverage or a verifiable fanbase, it won’t have the same footprint in the market.
Your distribution strategy may be informed by the size of your email database, the size of the social media following of the film and its cast/crew, web traffic numbers and visitor locations from your website analytics, and the active word of mouth and publicity mentions happening around it. These are the elements that should help gauge your expectations about your film’s impact as well as its profitability. Guess what the impact is if you don’t have these things or they are small? Yeah…
Understand the difference between a Digital Aggregator and a Distributor?
Distributors take exclusive ownership of your film for an agreed upon time. Aggregators have direct relationships with digital platforms and often do not take an ownership stake. Sometimes distributors also have direct relationships with digital platforms, and so they themselves can also serve as an aggregator of sorts. However, sometimes it is necessary for a distributor to work with outside aggregators to access digital platforms.
Do understand that the digital platform takes a first dollar percentage from the gross revenue (typically 30%), then aggregators get to recoup their fees and expenses from what is passed through them, but there are some that only take a flat fee upfront and pass the rest of the revenue back. Then distributors will recoup any of their expenses and their fee percentage, then comes sales agents with their expenses and fees. And finally, the filmmaker will get his or her share. Many filmmakers and film investors do not understand this and wonder why money doesn’t flow back into their pockets just a few months after initial release. You guys are in the back of the line so hopefully, if you signed a distribution agreement, you received a nice advance payment. Think how many cuts are coming out of that $5.99 consumer rental price? How many thousands will you have to sell to see some money coming in?
Windowing.
If you do decide to release on your own, knowing how release windows work within the industry is beneficial. Though the time to sequence through each release window is getting shorter, you still need to pay attention to which sales window you open when, especially in the digital space. Anyone who has ever had a Netflix account knows that, as a consumer, you would rather watch a film using the Netflix subscription you have already paid for rather than shell out more cash to buy or rent a stream of the latest movies. But from a filmmaker/distributor’s perspective, this initial Transactional VOD (TVOD) window maximizes profits because, unlike a flat licensing fee deal from Netflix, the film gets a percentage of every transactional VOD purchase. So if you release your film on Netflix or another subscription service (SVOD) right away without being paid a significant fee for exclusivity, you are essentially giving the milk away. And when that happens, you can expect to see transactional purchases (a.k.a. demand for the cow) decrease.
Furthermore, subscription sites like Netflix will likely use numbers from transactional purchases to inform, at least in part, their decision as to whether or not to make an offer on a film in the first place. In other words, showing sales data, showing you have a real audience behind your film, is a key ingredient to getting on any platform where you need to ask permission to be on it. Netflix is not as interested in licensing independent film content as it once was. It is likely that if your film is not a strong performer theatrically, or via other transactional VOD sites, it may not garner a significant Netflix licensing fee or they may refuse to take it onto the platform.
Also be aware that some TV licensing will be contingent on holding back subscription releases for a period of time. If you think your film is a contender for a broadcast license, you may want to hold off on a subscription release until you’ve exhausted that avenue. Just don’t wait too long or the awareness you have raised for your film will die out.
Direct distribution from your website
Your website and social channels are global in their reach. Unless you are paid handsomely for all worldwide distribution rights to your film, your North American distributor should not run the channels where you connect with your audience; the audience you have spent months or years on your own to build and hope to continue to build. These channels can be used to sell access to your film far more profitably for you than going through several middlemen.
Many low budget American films are not good candidates for international sales because the audience worldwide isn’t going to be big enough to appeal to various international distributors. Rather than give your rights to a sales agent for years just to see what they can do, think seriously about selling to global audiences from your own website and from sites such as Vimeo, Youtube, and iTunes. In agreements we make with distributors for our members, we negotiate the ability to sell worldwide to audiences directly off of a website without geo-blocking unsold territories. If you are negotiating agreements with other distributors, the right to sell directly can be extremely beneficial to carve out. If you do happen to sell your film in certain international territories, it is wise to also make sure you do not distribute on your site in a way that will conflict with any worldwide street dates and any other distribution holdbacks or windowing that may be required per your distribution contract.
You can sell DVDs, merchandise, downloads and streaming off your own site with the added benefit of collecting contact email addresses for use throughout your filmmaking career. Above all, don’t hold out for distribution opportunities that may not come when publicity and marketing is happening. So many times we are contacted by filmmakers who insist on spending a year or more on the festival circuit with no significant distribution offers in sight and they are wasting their revenue potential by holding back on their own distribution efforts. You can play festivals AND sell your films at the same time. Many regional fests no longer have a policy against films with digital distribution in place. When the publicity and awareness is happening, that’s the time to release.
Festival distribution is a thing
Did you know that festivals will pay screening fees to include your film in their program? It’s true! But there is a caveat. Your film must have some sort of value to festival programmers. How does a film have value? By premiering at a world class festival (Sundance, Berlin, SXSW etc or at a prestige niche festival) or having notable name cast. Those are things that other festivals prize and are willing to pay for.
You should try to carve out your own festival distribution efforts if a sales or distribution agreement is presented. That way you will see these festival screening fees and immediately start receiving revenue. Our colleagues, Jeffrey Winter and Bryan Glick, typically handle festival distribution for members of The Film Collaborative without needing to take ownership rights over the film (unlike a sales agent). TFC shares in a percentage of the screening fee and that is the only way we make money from festival distribution. No upfront costs, no ownership stake.
Deliverables
This is an expense that many new filmmakers are unfamiliar with and without the proper delivery items, sales agents and distributors will not be able/interested in distributing your film. You may also find that even digital platforms will demand some deliverables. At TFC (as well as with any sales agent/distributor), we require E&O insurance with a minimum coverage of $1,000,000 per occurrence, $3,000,000 in the aggregate, in force for a term of three years. The cost to purchase this insurance is approximately $3000-$5000. Also, a Closed Captioning file is required for all U.S. titles on iTunes. The cost can be upwards of $900 to provide this file. Additionally, many territories (such as UK, Australia, New Zealand and others) are now requiring official ratings from that territory’s film classification board, the cost of which can add up if you plan to make your film available via iTunes globally. For distributors, closed captioning and foreign ratings are recoupable expenses that they pay for upfront, but if you are self distributing through an aggregator service, this expense is on you upfront.
You may also be asked to submit delivery items to a sales agent or a distributor such as a HD Video Master, a NTSC Digi- Beta Cam down conversion and a full length NTSC Digi-Beta Pan & Scan tape all accompanied by a full Quality Control report, stereo audio on tracks 1&2, the M&E mix on tracks 3&4 and these may cost $2000-$5000 depending on the post house you use. If your tapes fail QC and you need to go back and fix anything, the cost could escalate upwards of $15,000. Then there are the creative deliverables such as still photography, key art digital files if they exist, electronic press kit if it exists or the video footage to be assembled into one, the trailer files if they exist. Also, all talent contracts and releases, music licenses and cue sheets, chain of title, MPAA rating if available etc.
Distribution is a complicated and expensive process. Be sure you have not completely raided your production budget or allocated a separate budget (much smarter!) in order to distribute directly to your audience and for the delivery items that will be needed if you do sign an agreement with another distribution entity. Also, seek guidance, preferably from an entity that is not going to take an ownership stake in the film for all future revenue over a long period of time.
For those headed to Park City, good luck with your prospects. TFC will be on the ground so keep up with our Tweets and Facebook posts. If the offers aren’t what you envisioned for your film, be ready to mobilize your own distribution efforts.
Sheri Candler December 19th, 2013
Posted In: Digital Distribution, Distribution
Tags: Berlin, cable VOD, digital aggregators, digital distributors, digital film distribution, independent film distribution, Netflix, Orly Ravid, Park City, release windows, Sheri Candler, Sundance, The Film Collaborative
Want to launch a horror film franchise? Better get onto the festival circuit.
We’ve all heard the stories of the little independent horror films that could; seemingly plucked from nowhere and went on to be mega hits.
Paranormal Activity, a $15,000 film launched at Slamdance 2008, was bought for about $350,000 and became the highest grossing film in the history of the festival. Though it was originally acquired with remake rights in mind, it ended up spawning four subsequent installments.
Sundance 2004 served as the launchpad for Saw (production budget around $1mil) which, like Paranormal Activity, was never supposed to go to movie theaters; it was originally going to go direct to DVD. It spawned 6 sequels. Another Sundance premiere, The Blair Witch Project, was shot for $60,000 and made over $140 Million in theaters.
Insidious was made for $1.5 mil, premiered at the 2010 Toronto International Film Festival and grossed over $90 Mil worldwide. Other films to launch at TIFF include Hostel and Cabin Fever.
Yes, these films are the exceptions to the rule. The rule that says box office success is a result of higher production spends and star names. Such is the potential of the horror genre. It has one of the most loyal audiences who, to a certain degree, ignore critics and don’t care too much about star cast. The catch is the traditional indie release model does not work to get these films out to market.
It is almost impossible for a horror indie to do the slow expansion route. This is why most films either release day/date, go direct to DVD or open wide and place all their marbles on opening weekend. Almost all horror films drop off over 50% after their first weekend. Often dropping even 60 or 70%. Even a film with critical appeal like You’re Next only received middling reactions from the larger fan boy audience and will end its theatrical with less than $20 Million. Notably, it still out-performed all but one TIFF acquisition from last year’s festival.
What makes the films I listed above unique is that they either opened in limited release and immediately garnered major interest (Paranormal Activity) or showed immense staying power per the genre (Insidious).
The commercial potential of horror compared to other arthouse films cannot be ignored. Almost no one I know would consider any of those films ‘arthouse,’ but that’s exactly what they are. They are some of the most commercially successful independent films ever released. This year, all but one of the midnight madness films from TIFF has a US distributor attached and last year’s batch all found distribution deals, making it the only section from the festival to secure domestic distribution for all of its slate.
Even the films that don’t necessarily draw massive box office are usually incredibly successful. Sundance films like The Pact and V/H/S were never about theatrical receipts. Both were profitable via the advance received for their domestic distribution deal alone and both were profitable for the distributor (mainly via home video and foreign sales) hence why they each got sequels. Horror is arguably the only genre I know where a film could be bought for just shy of seven figures (The Pact), gross less than $10k theatrically in the US and still be considered a massive success. Distributors like Anchor Bay (who sometimes finances too), IFC Midnight, and Magnet specialize in this kind of release model and continue to thrive. It’s incredibly rare for any of them to push the theatrical and almost all of their releases are available on demand upwards of 2 months before they even pop up on a screen.
There is also a clear set of time windows when these films do well. You will not see horror films popping up in theaters in the US during November or December and with good reason. Who can compete with the Christmas releases? Many distributors treat horror as filler title for January/February and it has worked well for films like Hostel. Insidious and The Pact were both summer counter programming. When The Sixth Sense set a then record for releasing at the end of summer, it seems to have set a precedent to debut horror in late summer.
I want to be clear though all is not a pot of gold when it comes to the genre. Please contrast this post with the prior blog entry from my colleague Sheri Candler. EVERYTHING there is absolutely true. I received more solicitations for generic horror films from the Cannes, TIFF, and AFM markets than for anything other genre or story. Many of these films will never see the light of day and even at micro budgets will fail to recoup.
Every year, we anoint maybe one or two new voices in the genre and otherwise it’s mostly a rehashing of the same people. Just look at the midnight films from TIFF this year, The Green Inferno and All Cheerleaders Must Die from Lucky McKee. There are fewer spots for new auteurs to breakthrough. The people who are in the horror game are frequently collaborating and backing one another creating a genre power situation where they can squeeze out the very little guys/gals that would have just as easily been considered a few years ago. It’s a giant game of six degrees of separation now that gets one to the inner circle of horror stardom.
As the horror sequels pile on, it is so easy to forget the simplicity of what came first. If horror is your game, I encourage you to go back and watch the original Saw. It’s really a mystery story focusing on two people trapped in a room. The few other traps we see are only in flashback. The bulk of the film is two people talking in a room. As studios continue to struggle to push the boundaries (okay let’s be honest, they struggle to come up with anything even slightly unique or entertaining), they look to the festival circuit for the next film with breakout potential. Every horror franchise to launch in the last few years has come from the festival circuit.
There is still a lot of life left in the genre, but if you’re on a micro-budget, you have to offer something fresh or with minimal star power or have powerful connection in the indie world to get noticed. Horror is one genre where titling and cover art can make or break success with an audience. The attention span of the typical horror fan is very short unless they recognize something they like immediately. It’s no accident that people were talking about Sharknado; an absurd, but definitely different take on horror and sci fi. It lit up Twitter like nobody’s business. The Asylum does very well making those types of films. But the success narrative is skewed; it only attracted a viewing audience slightly better than a typical SyFy Channel movie of the week and its hurried theatrical screenings pulled in less than $200K from 200 cinemas. Still, it has spawned a sequel!
So to recap, the genre is waiting for someone to break out in the midnight section at Sundance, SXSW, Tribeca, and/or TIFF, these films are often the most successful to come out of the festival circuit and almost always receive a deal. However, to get into the festivals at all is incredibly difficult and if you’re not already connected to the “in crowd,” you are probably shit out of luck. While you could do a D grade microbudget film with distribution pre attached through Full Moon, what would that do for you? The best case scenario is you make a whopping $5,000 for all your hard work, they get control of the edit and the film doesn’t see a significant release.
But whatever you do, choose a smart title, a good poster and cut an exciting trailer. They are imperative in horror.
Bryan Glick October 11th, 2013
Posted In: Distribution, Theatrical
Tags: All Cheerleaders Must Die, Bryan Glick, horror films, independent film, Insidious, Lucky McKee, Paranormal Activity, Saw, Sharknado, Sundance, The Film Collaborative, The Green Inferno, The Pact, The Purge, Toronto International Film Festival, V/H/S, You're next
Should you make a horror film?
The month of October seems a good time to look at films in the horror genre and we will be releasing a series of posts all month long that addresses the business of releasing these films.
Long the domain of ultra low budget filmmakers everywhere, horror audiences are now spoiled for choice when it comes to finding a film that terrifies. Yes, everyone with access to a digital camera and buckets of fake blood seems to be honing their craft and turning out product by the thousands. Unfortunately, most of it is high on splatter and low on story and production value. That may have made up the majority of the horror film sales 7 years ago, but distribution advances paid for such films are now exceedingly low (maybe $5K per territory, IF there is a pick up at all) and now the genre is perfect for the torrent sites.Unless you plan to make films as an expensive hobby, the pressure to produce a stellar horror film that people will talk about (see The Conjuring, Insidious, Paranormal Activity) is very high.
The trouble for filmmakers creating in this genre is there is so much being made of questionable quality, it is like asking audiences to find a needle…in a stack of needles (hat tip to Drew Daywalt). The same challenges for fundraising, marketing, and distribution that plague every production, plague horror films as well. To get good word of mouth, the film HAS to be great and have a significant marketing push.
At a recent event hosted at the LA Film School by Screen Craft entitled Horror Filmmaking: The Guts of the Craft, several involved in the horror genre talked about budgeting and distributing indie horror films. All agreed the production value bar has to be raised so much higher than everything else in the market in order to get people to part with their money for a ticket when competing with studio films. Talent manager Andrew Wilson of Zero Gravity Management pointed out that comments like the film did a lot with so little doesn’t hold water with audiences outside of the festival circuit. “You still need it to be good enough to get someone to come into a theater and pay $12…the guy who is going to pay $12 doesn’t care that you did a lot for a little bit of money. They want to see a film that is as good as the big Warner Bros release because they are paying the same amount of money to see it.” While you may be thinking, “I don’t need my film to play in a theater,” and that may be, the films seeing the most revenue in this genre are the ones that do.
The panel also addressed selling horror films into foreign territories. While horror does travel much better than American drama or comedy, there are horror films being made all over the world and some are much more innovative than their American counterparts. France, Japan and Korea were cited as countries producing fantastically creative horror films. American filmmakers with aspirations of distributing their films overseas need to be aware of the competition not just with fellow countrymen, but with foreign talent as well.
Other film distributors are candidly talking about the complete decimation of the market for horror, largely brought on by the internet and piracy, but also a change in consumer habits. Why buy a copy to own of that low grade splatterfest when you can easily stream it (for pay or not) and move on to the next one? More where that came from. There was once big money in fooling audiences to buy a $20 DVD with a good slasher poster and trailer, but now they are wise to the junk vying for their attention and don’t see the need to pay much money for it.
In a talk given last year at the Spooky Empire’s Ultimate Horror Weekend in Orlando, sales agent/distributor Stephen Biro of Unearthed Films actually warned the audience of filmmakers not to get into horror if money was what they were seeking.”The whole system is rigged for the distributors and retailers. You will have to make the movie of a lifetime, something that will stand the test of time.” He confirmed DVD for horror is dead. Titles that might have shipped 10, 000 copies to retailers are now only shipping maybe 2,000. Some stores will only take 40 copies, see how they sell and order more if needed in order to cut down on dealing with returns. Of the big box stores left standing, few are interested in low budget horror titles. Netflix too is stepping away from low budget indie horror on the DVD side. They may offer distributors a 2 year streaming deal for six titles at $24,000 total, but there will be a cost to get them QC’d properly (which comes out of your cut, after the middlemen take their share of course!).
As for iTunes, there are standards barring graphic sex for films in the US and in some countries, they are now requiring a rating from the local ratings authority in order to sell from the iTunes Movie store. The cost of this can run into the thousands (based on run time) per country. Also, subtitling will be required for English language films, another cost.
The major companies in cable VOD (Comcast, Time Warner, Verizon etc) are now requiring a significant theatrical release (about 15 cities) before showing interest in working with a title. They are predominantly interested in titles with significant marketing effort behind them. The cable operators often do not offer advances and you must go through an aggregator like Gravitas Ventures to access. If the aggregator refuses your film, that’s it.
Selling from your own site via DVD or digital through Vimeo or Distrify is still an option, and the cut of revenue is certainly larger. But unless there is a budget and plan in place to market the site, traffic won’t just materialize. Still, for ultra, ultra low budget films (like made for less than $5,000) with a clear marketing strategy and small advertising budget, selling direct is the way to go. Certainly better than giving all rights away for free, for 7 years and seeing nothing. At least your film can access a global audience.
Here is Biro’s talk from Orlando. It runs almost an hour
If after reading this, you are still set to wade into the market with your horror film, stay tuned to future posts looking at the numbers behind some recent horror films and what options you’ll have on the festival circuit.
photo credit: <a href=”http://www.flickr.com/photos/markybon/102406173/”>MarkyBon</a> via <a href=”http://photopin.com”>photopin</a> <a href=”http://creativecommons.org/licenses/by-nc-sa/2.0/”>cc</a>
Sheri Candler October 3rd, 2013
Posted In: Cable, Digital Distribution, Distribution, International Sales, iTunes, Long Tail & Glut of Content, Marketing, Netflix, Theatrical
Tags: Andrew Wilson, cable VOD, Distrify, Guts of the Craft, horror films, independent film distribution, iTunes, LA Film School, Netflix, Screen Craft, Spooky Empire's Ultimate Horror Weekend, Stephen Biro, Unearthed Films, Vimeo, Warner Bros, Zero Gravity Management
No advance+little marketing commitment=poor results
I used to be the resident regular blogger here at The Film Collaborative, but some of you may know, I’m wrapping up a law degree and I only weigh in on the blog periodically. My colleagues at TFC have been picking up the slack, and doing an awesome job of it, if I do say so. While I am writing only sporadically these days, sometimes I just have ideas that must be written. This post has been brewing in me for a while.
I have something to say and it will not be easy to accept for many of you. I write this out of love and the hope that it will save heartache down the line. Hope is prevalent in the film industry. It can be motivating, but also it can blind filmmakers to the realities they must face in the market. The market is now over saturated with film product and this is only going to continue. Mindsets that once may have worked for the majority now have to give way to a more productive, informed and aggressive one in order to see success.
One big lesson I learned in law school is how legal theories of a claim or case involve classification of law, elements, factors etc. Being precise and persuasive is the difference between winning and losing. I have thought about this lately in terms of filmmakers’ complaints when they have chosen to give their films to traditional distributors and then were unhappy with the results. Perhaps being precise with the production’s goals and persuasive in presenting how the film will sell in the market in order to meet those goals is something that filmmakers should be practicing.
I’m weary of hearing the irrational expectations of filmmakers who did not think about the business side of their film before they made it. I want filmmakers to actively get real about what’s possible in today’s marketplace and assert some ownership of the results of the performance of the film.
You all know me and know I’m the last person to just blindly defend a traditional distributor. But I have noticed a pattern now that I find hard to justify. Many filmmakers (maybe most!) are still wishing, hoping and resorting to making all rights deals with traditional distributors and then, if the release is not handled how the production envisioned, the distributor is blamed. With all the new tools, and by now, not even new discourse about direct distribution and how it gives filmmakers the ability to handle their own releases in the manner they envision, why are so few choosing that route? Is it easier to put the blame on an entity instead of taking the responsibility from the start? Is it easier to think that if a film is chosen for pick up by a distributor, it has merit and then when that merit doesn’t materialize in the market, it must have been the fault of the entity handling it?
Again, I have no issue blaming companies for being in breach because that can definitely happen. Distributors have lots of titles in their catalogs and each will not get the same amount of attention. They will not likely tell you that when signing a deal, but it will happen to some titles. What I do want to address is the filmmaker theory that the distributor screwed up without having any coherent evidence as to how and what would have happened otherwise to making the deal.
I think if a distributor offers you no advance or a small advance for all or even part of your rights, that’s a big vote of little confidence in the title. Doesn’t that sound logical to you? If you are signing that deal, truly believing there is going to be profit that will reach you beyond what the sales agent takes, what the distributor takes, what the platform/store/exhibitor takes, you’re dreaming. Little investment in acquiring the rights to your film means little marketing effort is going to be made, and likely little will result from the release for you. A filmmaker agreeing to that arrangement should be clued in as to how likely the film will succeed. Again, I am not speaking about being in breach of promises in writing such as projections and a marketing plan that is not actualized. If big projections were made based on a clear marketing plan presented in writing outlining all efforts that will be made, then not executed, there is reason for complaint.
I find it increasingly frustrating to talk with filmmakers who have little or no evidence of their own to demonstrate their film’s appeal. Why would a film that is not going to have an impact festival premiere, has low website traffic numbers, low social network following, small or no email list to contact fans be assumed to wildly succeed? If no one on the team has done the proper marketing work and/ or the film is not a hit with the audiences who have seen it (most likely at smaller festival screenings), why do filmmakers insist their film will succeed? The tea leaves are splayed out to be read and it may be a difficult read, but filmmakers cannot just brush them aside. If you choose to give your film away to a distributor for little or no advance and no serious marketing commitment (in writing), you should not be surprised by poor results.
3 pieces of advice you should take from this:
1. Prove your film’s concept with proper marketing preparation and act on its distribution directly, or;
2. Prove your film’s concept to an outside distributor and get all of your expectations and requirements as part of a written agreement so there are no surprises and you get what you bargained for, or;
3. Own the fact that you have no proof of your film’s appeal either directly or to middle man distributors and then, reconcile that if you sign a no or low advance, all rights deal with no serious marketing commitment , you have very low expectations for its success.
Filmmakers make some common business projection mistakes like comparing their films to two totally unrelated or uncomparable films; confuse festival circuit success with an indication that there will be home entertainment success, even though the two classes of distribution are entirely different; or their measurements and requirements of success are decided without knowing the costs associated with that success. I am encouraging more practical and realistic thinking. It’s okay sometimes if films don’t recoup their budgets. Films can be, and in my opinion should be, about art and cultural connection. But if the ultimate goal is to fully recoup and/or profit, a detailed plan from the start describing how that is going to happen and what it will realistically take to make that happen really needs to be in place. The complaining and blaming needs to stop.
Orly Ravid September 26th, 2013
Posted In: Distribution, DIY, Long Tail & Glut of Content
Tags: advance payments, complaining, film release, independent film distribution, Marketing, mindset change, Orly Ravid, success, The Film Collaborative
TIFF Riff Part 2-Positives, Negatives and Vimeo
TIFF IS HERE! Let the craziness (And the Jewish new year) begin! I figured I would split this into the good and bad from how films performed at last year’s fests. If you’re playing in the Contemporary World Cinema or Discovery section you might want to run to Vimeo ASAP, but more on that later. Let’s get the ball rolling, shall we?
Five positives to highlight from last year
- Midnight Madness Acquisitions
- Every film in the Midnight Madness section was acquired for domestic distribution and many (Lords of Salem, Aftershock) were for seven figure deals. The simple fact is that the horror audience is incredibly loyal. It is arguably the most loyal and consistent substantial audience that exists. It’s also often critic-proof, which is not the case for a downbeat drama.
- Black and White Film
- Frances Ha and Much Ado About Nothing were both arguably risky ventures despite the notoriety of people behind and in front of the lens. Both films were shot in black and white and rely on indie celebrity status for marketing. That said, each has grossed over $4,000,000 at the domestic box office. Frances Ha is IFC’s highest grossing film this year and Much Ado About Nothing is Roadside’s best box office performer from their long list of acquisitions at last year’s festival.
- Best Performers
- A number of smaller specialty distributors had their highest grossing US films to date come from 2012 festival acquisitions. Many of these films would not scream top box office though. One is arguably a massive disappointment.
- Cinema Guild took Museum Hours which has since grossed over $300,000. The film has been nothing if not a marvel, having passed the $200,000 mark before even opening in LA. For a company known for challenging foreign fare and documentaries, this film is no exception, but has clearly connected with audiences.
- Well Go USA took some action from abroad to the tune of just under $700k in the US via The Thieves. For a company based in Plano, TX that has to be a record.
- Drafthouse Films did so well with the documentary Act of Killing that TIFF is giving them a panel to explain their distribution strategy. HINT…GO…Tim League is one of the most entertaining people you will hear speak in any capacity. He is also usually quite candid and unpredictable. This film looks to top out at just under $500,000…over 300% above their next highest box office performer.
- Entertainment One’s expansion into the US box office has been a poor to mixed bag (not to worry though, they kind of dominate everywhere else). A Late Quartet stars Christopher Walken, Catherine Keener, and Philip Seymour Hoffman, but tepid reviews and no awards traction capped the film at around $1.5 Mil. Still, it’s their best performer in the States.
- Cohen Media Group specializes in handling foreign films. They specifically seem to like ones from France. Yet their highest grosser is from Lebanon (with French backing of course). The Attack is still going strong at the box office with $1.6 Mil in revenue and likely to add another $250,000 or so before it wraps. It’s only a matter of time before they pass the $2,000,000 mark with a film.
- A number of smaller specialty distributors had their highest grossing US films to date come from 2012 festival acquisitions. Many of these films would not scream top box office though. One is arguably a massive disappointment.
- Israel
- The Attack, The Gatekeepers, and Fill the Void all have something in common. They were at least partially shot in Israel and have all grossed over $1,000,000 in the US. In addition, Hannah Arendt has grossed over $600,000 which is particularly impressive when compared with other Zeitgeist releases of the past few years. While Eagles failed to attract buyer interest, Israel continues to be arguably the most reliable foreign language performer in the US. I would say it’s France, but their film industry is much more robust. Many of their top films will never come here and I can’t say that with Israel. To put it another way, the US box office total combined for these four films would be equal to $1 donation from every Israeli citizen.
- HBO Docs
- Sheila, Sheila, Sheila. If you don’t know her name, you clearly don’t know squat about the Docs. Mea Maxima Culpa premiered at the fest and was one of only two TV Docs to get on the Oscar shortlist (the other one, Ethel, was also an HBO Doc). HBO paid big and got the two most star studded docs of the festival, Love, Marilyn and Casting By. For documentaries, TV continues to be the major power player and nobody ponied up more money for a Doc at the fest than HBO did when they partnered with Cinedigm for Love, Marilyn. Sale price was between $1.25 million and $1.75 million.
Five negatives to highlight from last year
- Midnight Madness Box Office
- Dredd was a giant studio disappointment and major money loser after opening in the US on 2500 screens with a PSA of $3426. Reported production budget was $50mil, but pulled in a worldwide BO gross of a little over $35mil. Eli Roth’s Aftershock never took off on digital or theatrically where it opened to a PSA under $500 and failed to gross over $100k. Come Out and Play meanwhile couldn’t even pass $5k. Rob Zombie’s The Lords of Salem managed over $1,000,000 after buyer Anchor Bay capitalized on publicity surrounding Zombie’s new book and album, but still didn’t justify the acquisitions price (reportedly $2mil) and bidding war for the title.
- Films with Title Changes
- Girl Most Likely and Stuck in Love are both star driven comedies that originated with horridly bland titling (Imogene and Writers respectively). Despite the attempts of Roadside Attractions and Millenium Entertainment to rebrand the films, both are each company’s lowest performing TIFF acquisition. Girl Most Likely saw grosses drop 72% in its second weekend and Stuck in Love will not even pass $100k. Both films saw much better results on VOD, but at the end of the day, compared to top performing acquisitions titles from these players, both can be considered disappointments. Meanwhile TWC’s Unfinished Songs (Formerly Songs for Marion) has barely outgrossed their Norwegian epic Kon-Tiki. EEK!
- African and Eastern European Cinema
- A look at the films that failed to secure distribution last year and it becomes clear that buyers were not enjoying anything from the entire continent of Africa. I mean literally, THE ENTIRE CONTINENT! There was not a Tsotsi in the bunch.
- Award winning films without distribution going into the festival
- Artifact won the audience award for best doc, the Fipresci prize went to Detroit Unleaded and both have yet to find a home in the States. Artifact will all but certainly go DIY and who knows what the future holds for Detroit Unleaded which does not have the benefit of name recognition or Jared Leto’s face.
- The lack of prominent DIY and Alt distribution models
- Spring Breakers was a pact between the producers and A24. There were otherwise no prominent examples of DIY releasing, hybrid theatrical or new ideas that sprung out of the festival. Yes, Snoop Lion self-released his doc Reincarnated, but that was to disastrous results and the doc was nothing more than a vanity project.
- Clearly, the fest knew things had to change based on Tuesday’s announcement. In case you’ve been living under a rock or stuck in Venice, Vimeo has offered a game changer to films that will world premiere at TIFF. A $10,000 MG to the films that give Vimeo a 30 day premiere VOD window. If the film makes back the $10k before the 30 days, it switches to their standard and by all accounts fantastic 90/10 split. Yes, YOU get to keep 90%! Any film that’s not a star vehicle would be a fool not to take them up on the offer, especially since they can still seek acquisition. In fact, a smart distributor will see all the free press they will get from the publicity and look for the films that say yes. Naturally, I expect most to do the opposite and argue that the lost revenue will require them to lower their offers. That should be a red flag to any filmmaker if it happens. Similarly, if a sales agent is telling you to pass, so that your film from Croatia can wait for the American dollars to pour in, you should terminate your relationship on the spot! No word yet though on what happens for the films that did the 1-2 punch and premiered at Locarno or Venice.
BONUS
Congratulations to TFC alums with films in the festival.
- Amy Seimetz (Pit Stop) stars in Ti West’s latest flick The Sacrament.
- Jody Shapiro (How to Start Your Own Country) directed Burt’s Buzz
- James Franco (Kink and Interior. Leather Bar) wrote, directed and stars in Child of God, wrote the source material for and stars in Palo Alto, and stars in Third Person. More impressive is the fact that he has had films at Sundance, Berlin, SXSW, Tribeca, Cannes, Venice, and Toronto this year.
I’ll be on the ground in Toronto again this year and hope to report back about my findings and the deals made.
Below is a list of films from TIFF and how they’ve performed at the box office. I chose not to include any film that was from a studio or mini major and opened wide. I also chose not to include films that premiered at Berlin, Sundance, or SXSW and had already secured distribution.
| Film | Distributor | Box Office Gross |
| Come Out and Play | Cinedigm | $2,638 |
| What Richard Did | Tribeca Film | $2,749 |
| Inescapable | IFC | $4,327 |
| The Time Being | Tribeca Film | $5,274 |
| The Brass Teapot | Magnolia | $6,997 |
| Inch’Allah | EOne | $9,155 |
| I Declare War | Drafthouse Films | $10,793 |
| Greetings from Tim Buckley | Tribeca Film | $11,157 |
| Viola | Cinema Guild | $15,471 |
| The ABC’s of Death | Magnet | $21,832 |
| Pieta | Drafthouse Films | $22,080 |
| The Patience Stone | SPC | $23,296 |
| Far Out Isn’t Far Enough: The Tomi Ungerer Story | First Run | $27,156 |
| The Bay | Roadside Attractions | $30,668 |
| Berberian Sound Studio | IFC | $31,641 |
| How To Make Money Selling Drugs | Tribeca Film | $39,192 |
| Passion | Entertainment One | $40,100 |
| The Fitzgerald Family Christmas | Tribeca Film | $50,292 |
| Venus & Serena | Magnolia | $51,271 |
| Aftershock | Radius-TWC | $58,510 |
| More than Honey | Kino Lorber | $66,728 |
| Leviathan | Cinema Guild | $72,816 |
| Something in the Air | $73,306 | |
| No One Lives | Anchor Bay | $74,918 |
| Stuck In Love (Formerly Writers) | Millenium Entertainment | $81,071 |
| Byzantium | IFC | $85,252 |
| Storm Surfers 3D | Xlrator | $117,090 |
| Free Angela and All Political Prisoners | Code Black | $129,102 |
| Midnight’s Children | Paladin/108 Media | $190,022 |
| No Place on Earth | Magnolia | $200,238 |
| Arthur Newman | Cinedigm | $207,853 |
| Tai Chi 0 | Variance/Well Go USA | $212,094 |
| Blancanieves | Cohen Media Group | $240,310 |
| Museum Hours | Cinema Guild | $304,145 |
| A Werewolf Boy | CJ | $342,922 |
| Act of Killing | Drafthouse Films | $379,598 |
| At Any Price | SPC | $380,594 |
| In the House | Cohen Media Group | $389,757 |
| A Hijacking | Magnolia | $401,366 |
| The Reluctant Fundamentalist | IFC | $528,731 |
| Still Mine (formerly Still) | Samuel Goldwyn | $586,767 |
| To The Wonder | Magnolia | $587,615 |
| Hannah Arendt | Zeitgeist | $636,505 |
| The Thieves | Well Go USA | $685,839 |
| Lore | Music Box Films | $970,325 |
| From Up on Poppy Hill | GK | $1,002,895 |
| Ginger & Rosa | A24 | $1,012,973 |
| What Maise Knew | Millenium Entertainment | $1,065,000 |
| The Lords of Salem | Anchor Bay | $1,165,882 |
| Girl Most Likely (Formerly Imogene) | Roadside Attractions | $1,377,015 |
| Disconnect | LD | $1,436,900 |
| Kon-Tiki | TWC | $1,517,410 |
| A Late Quartet | Entertainment One | $1,562,546 |
| The Attack | Cohen Media Group | $1,580,787 |
| Stories We Tell | Roadside Attractions | $1,584,890 |
| Love is All You Need | SPC | $1,608,982 |
| Unifnished Song (Formerly Song for Marion) | TWC | $1,634,532 |
| Fill the Void | SPC | $1,757,195 |
| English Vinglish | Eros | $1,862,086 |
| The Iceman | Millenium Entertainment | $1,943,239 |
| The Gatekeepers | SPC | $2,415,727 |
| Emperor | Roadside Attractions | $3,346,265 |
| Frances Ha | IFC | $4,043,502 |
| Much Ado about Nothing | Roadside Attractions | $4,262,205 |
| The Company You Keep | SPC | $5,133,027 |
| Hyde Park on Hudson | Focus | $6,376,145 |
| Anna Karenina | Focus | $12,816,367 |
| Spring Breakers | A24 | $14,124,284 |
| The Master | TWC | $16,377,274 |
| The Perks of Being a Wallflower | Summit | $17,742,948 |
| Quartet | TWC | $18,390,117 |
| The Impossible | Summit | $18,889,600 |
| The Place Beyond the Pines | Focus | $21,403,519 |
| Silver Linings Playbook | TWC | $129,729,000 |
| Clip | Artsploitation | BO Not Reported |
| Pusher | Radius-TWC | BO Not Reported |
| Iceberg Slim: Portrait of a Pimp | Phase 4 | BO Not Reported |
| Janeane from Des Moines | Red Flag Releasing | BO Not Reported |
| Reincarnated | DIY | BO Not Reported |
| State 194 | Participant Media | BO Not Reported |
| The Secret Disco Revolution | Screen Media | BO Not Reported |
| Wasteland | Oscilloscope | BO Not Reported |
| The Lesser Blessed | Monterey Media | BO Not Reported |
| Motorway | Media Asia Films | Digital Only |
| Everybody Has a Plan | 20th Century Fox | Digital Only |
| London-The Modern Babylon | Brittish Film Institute | Digital Only |
| Lunarcy! | Epix | Digital Only |
| Camp 14 – Total Control Zone | Netflix | Digital Streaming |
| Picture Day | Arc Entertainment | Digital/DVD only |
| My Awkward Sexual Adventure | Tribeca Film | Digital/DVD only |
| The Deep | Focus World | Digital/DVD only |
| Bad 25 | ABC | TV |
| 9.79 | ESPN | TV |
| Casting By | HBO | TV |
| First Comes Love | HBO | TV |
| Love, Marilyn | HBO | TV |
| A Liar’s Autobiography | Epix | TV |
| Mea Maxima Culpa | HBO | TV |
| Roman Polanski: Odd Man Out | Showtime/Gravitas | TV/Digital |
| Jayne Mansfield’s Car | Anchor Bay | Not Yet Released |
| The Last Time I Saw Macao | Cinema Guild | Not Yet Released |
| Men At Lunch | First Run | Not Yet Released |
| Out in the Dark | Breaking Glass | Not Yet Released |
| Thanks For Sharing | Roadside Attractions | Not Yet Released |
| Zaytoun | Strand Releasing | Not Yet Released |
| Shepard & Dark | Music Box Films | Not Yet Released |
| Capital | Cohen Media Group | Not Yet Released |
| Mekong Hotel | Strand Releasing | Not Yet Released |
| Three Worlds | Film Movement | Not Yet Released |
| Ghost Graduation | Fox | Not Yet Released |
| The End of Time | Sony Pictures Worldwide | Not Yet Released |
| Great Expectations | Outsource Media Group | Not Yet Released |
| Twice Born | Entertainment One | Not Yet Released |
| The Deflowering of Eva Van End | Film Movement | Not Yet Released |
Bryan Glick September 5th, 2013
Posted In: Distribution, Film Festivals
Tags: <u, A Late Quartet, Act of Killing, Aftershock, Artifact, Casting By, Come Out and Play, Detroit Unleaded, distribution, Dredd, Eagles, film sales, Frances Ha, Girl Most Likely, independent film, Lords of Salem, Love, Marilyn, Mea Maxima Culpa, Midnight Madness, Much Ado About Nothing, Museum Hours, Reincarnated, Spring Breakers, Stuck in Love, The Attack, The Thieves, TIFF, Toronto International Film Festival, Unfinished Songs, Vimeo
International broadcast sales for documentary and WESTDOC Conference
A interview with the West Coast Documentary and Reality Conference (WESTDOC) Co Founder Richard Propper. Mr. Propper is also CEO and Director, International Licensing and Acquisitions at Solid Entertainment, a sales agency specializing in documentary films.
TFC: How long have you been doing international sales and with which entities and films?
RP: “I have been licensing non-fiction programming for 19 years. It wasn’t something I fell into, I had a great desire to combine the entertainment industry and international business – and I’m a current affairs and history junkie. Having completed film school and working for a small studio for years in post production, I saw a vast number of filmmakers with great documentary films, but no knowledge of what to do next. I wanted to be the first call for filmmakers when they thought about international sales.”
“Solid Entertainment has been successfully licensing programs worldwide for almost two decades via such broadcasters as: Animal Planet, ARTE, BBC , BBC2, BBC Horizon, BSkyB, Channel 4, Canal+, The Discovery Channels (worldwide), France 2/3, France 5, HBO, History Channel, M6, NBC, NHK, NOS-EO, National Geographic Channels(worldwide), Odyssee, ORF, Orbit, Planete, Premiere, Showtime, STAR Entertainment Channel, SPIEGEL TV, STERN-TV, SBS6, SF-DRS, TaurusFilm, The Travel Channel, TSR, TV Ontario, RAI, RTI, RTP, REAL-TV, VTM, ZDF.”
“At Solid Entertainment, our deal terms are pretty standard. A flat rate of 30%. No deduction for expenses. 3 year exclusive term of representation.”
TFC: What trends do you see on sales side for documentaries? Please be specific in terms of territories, rights, prices, types of films that perform v not etc.
RP: “They love (insert doc subject here) in Japan!” – Every new filmmaker I’ve ever met. – Richard Propper
“I’m going to throw a bucket of cold water on many peoples perceptions of the international broadcast marketplace. In many ways, its tougher now than ever before. There’s a huge oversupply of programs. Technology has worked wonders for the creation of content, leading to more of it. The non-fiction broadcast marketplace has been impacted by Reality TV. Channels need ratings and they have only so many hours they can license and co-produce. The line has blurred between documentaries and reality, so channels gradually began to license more and more Reality. Most territories in Europe still license good documentaries, but license fees have been declining for a few years. Asia and Latin America continue to pay modestly. Larger US broadcasters now want all rights deals. It didn’t use to be that way, a producer could count on the international rights as his/her “back end monies.” Not anymore.”
“Today, we see around $8,000 for an hour in Germany. We used to see $20,000. France, about $7,500 and it used to be $15,000. The UK – as high as $80,000, now $25,000. Generally, all the digital, free follow along rights go with the license fee. Pay VOD is still retained by the producer. We’ve had to sell more content overall and look harder for the opportunities.”
“Uniquely, American programs don’t do very well in the international marketplace. World history, nature and wildlife, buried treasure stories, science and technology stories all do well. American social issues or narrow political issues are a much harder sale. When was the last time you saw a great Italian documentary? You haven’t. Americans think our programs should sell everywhere, but we don’t reciprocate by programming other countries films on our networks. The international marketplace looks for programs that are somehow universal. It’s an art, not a science in producing programs that are attractive to the worldwide audience. I will say that some buyers recognize a well told story, others don’t. If it’s all talking heads or about some strange subculture – it won’t sell. We look at everything that comes into our office for representation – there are always surprises. If you haven’t captured the audience within the first 10 minutes, its likely the buyers aren’t going to stick around either.”
“Running times are important. If your dream is to make a feature doc, then try to come in at 75 – 100 minutes. Have a 50 minute cut-down planned for the broadcast one-hour slots. 90% of the world broadcast slots are one-hour. If there’s only a feature version, it has to compete with every Academy nominated doc or Morgan Spurlock’s or Michael Moore’s latest feature. It a very hard road if you’re not prepared. But it’s not all bad news.”
“The digital marketplace is starting to come into its own. While broadcast is challenging, there is a long tail strategy with digital – it just needs a little more time to stand on its own two legs. It takes strategy to get a good film released onto multi-platforms and various times. These strategies are being pioneered now. That is exciting. A larger audience for many films is out there, and technically there’s a way to deliver it. You just have to find and engage that audience.”
TFC: Explain the DVD landscape.
RP: “While the general focus, and rightly so, has been on VOD and a la carte program sales, I’ve found in the last year some DVD distributors who are looking for content. Keep in mind that there’s still a huge population of people who have this machine connected to their TV that provides supplemental content. We’ve had good luck getting a 4 part limited series and larger multi-episode series into Costco and Target. It’s short term sales, but its also unexpected revenue stream. VOD and a la carte programming is great, but it requires working with the right groups to get your content out there. While filmmakers are waiting for the magic formula to distribute digitally, DVD still has a place. It’s going away, but not as quickly as you might think.”
TFC: What is WESTDOC and why should filmmakers attend?
RP: “Over nearly 2 decades of traveling to television markets and film festivals, I realized that LA needed a substantial documentary conference of its own. One that wasn’t sponsor driven, nor a fortune to attend. Chuck Braverman is a friend and producer, who for years would run into me at various conferences and ask me why there wasn’t a decent conference in LA (I was President of IDA at the time) and proposed that we start one. I begged off for a time and then thought – why not? WESTDOC was born.”
“While there are some terrific conferences in other cities, LA really has this fractured creative community. Most filmmakers belong to several organizations. But where are the conferences that bring in the decision makers? Here is a true story. I was at a conference in Cannes (MIP or MIPCOM) having a meeting with someone who worked 25 minutes away from my office. I had traveled 9,000 miles to meet her. How ridiculous. With WESTDOC we’re getting these decision makers out of their offices and into an event to connect with the LA creative community.”
“When Chuck and I first sat down, we selected the best pieces from IDFA, HOT DOCS, MIP, NATPE, and all the rest. When we were done with our mission statement and outline, we knew it would be a great conference. Luckily, between us we had really great contacts with filmmakers and broadcasters. To our surprise, everyone we asked to speak said they would show up! Looking back, just our keynote speakers are an impressive bunch; RJ Cutler, Thom Beers, Kirby Dick, Joel Berlinger. Not bad for an unknown conference! This year we have Rory Kennedy, Ondi Timoner, and Kelly Day. We have 25 panels that are in the wheelhouse of documentary, Reality, and Digital. In addition, this year we have The Sit-Down – 30 minute broadcaster overviews with 43+ different networks.”
The 2013 WESTDOC Conference will take place September 15-18 at the Landmark Theater in Los Angeles, CA. For a full schedule of speakers and activities, visit their website. TFC Members will receive a promotional code for a discounted ticket. Become a TFC Member today!
About Richard Propper:
Solid Entertainment Founder and President Richard Propper is the former President of the International Documentary Association (IDA), and executive producer of over thirty internationally broadcast documentary programs. Solid Entertainment is a broadcast distribution company and one of only a handful of US specialty companies which has consistently supplied non-fiction programming to networks worldwide with a particular emphasis in Western Europe. He has spoke as an authority on development, co-production agreements, and the intricacies international distribution at: MIPDOC, HOT DOCS, IFP, AFM, Silverdocs, Realscreen Summit, NATPE, IDA, UCLA, and USC. Richard is also the co-founder of WESTDOC: The West Coast Documentary and Reality Conference. WESTDOC is a three-day event that brings together preeminent producers, directors, writers, network executives, agents and distributors for insightful and unique seminars, as well as networking opportunities.
Orly Ravid August 29th, 2013
Posted In: Digital Distribution, Distribution, education, International Sales
Tags: documentary film, foreign sales, independent film, international broadcast sales, Orly Ravid, Richard Propper, Solid Entertainment, The Film Collaborative, WESTDOC
Homework before you sign a sales agent
Further to my last blog, here’s a little advice on working with sales agents. Before you sign with a sales agent, it is critical to do some homework to figure out whether the deals you could get with their help will be better than the ones you could get on your own.
-What films has this company sold? Are they similar to the kind of film you have? Do those films have the same assets (cast, budget level, festival pedigree, cause or interest based)?
-Where did they sell? Domestically or internationally? Only very large agencies have the ability to handle both and sometimes a large agency won’t be a good fit for smaller films. Bigger slate=less attention to go around. Bigger agencies tend to give preferential treatment to their bigger name clients so if you are just starting out or haven’t built up a strong name yet, don’t expect to get red carpet service.
-For what kind of prices? This may get cagey as many people in the film business don’t like to talk about other people’s deals (unless it is gossip of course!), but they should be able to give a realistic narrow range of what you can expect based on similar films they have sold.
-What are the terms? Query if the fee to the sales agent and recouped expenses are worth it or if you can just do the couple small deals directly…
-Was the revenue remitted to the filmmaker? Can the agent collect? You should want to know what percentages and recoupment will reduce your share of the sale as well as this agent’s track record for collecting from distributors and paying filmmakers. On this question, you’ll need to contact the filmmakers who have worked with the company and see if they did receive their advances and further revenue. We always recommend making sure that all rights terminate upon material delay of payment. Be specific and be clear so you are not stuck in a deal where you won’t be paid.
Agencies love to show off nice catalogs of films they represent, but a list of titles will not tell you the information you need to know if you want to make your money back or make it back for your investors.
If a sales agent or lawyer approaches you or you want to approach him or her to sell your film, drill into the details. Even on the LGBT front not all films are alike. Not all of them can do the same deals, or any deals at all. Not all have the same revenue stream potentials. Documentaries are different from narratives, for example. And of course this is true of other categories of films. One of the hardest for TFC to handle and one of the hardest to sell in general, especially out of a non-A-list festival, is a drama without name cast.
Working with a sales agent that is taking a 10% commission off of the sales she brings in doesn’t bother me. 10% is not a lot of money for an agent who brings in a six-figure advance, and most likely she will bring in less for the majority of independent films. But I am concerned about paying a producer’s rep a big up-front fee, as there are many bottom-feeding producer’s reps whose business model is only collecting the fee and offering little else. For a good one who offers invaluable advice in the early stage of production and whose contacts may indeed be useful, it could be worth paying for. It is easy enough to Google someone’s name and see the kinds of projects with which they have been associated. If the only sources citing their involvement belong to sites they run, be cautious about making upfront payments and giving an ownership stake in your work.
Let me end with saying any industry professionals reading this please, please share the types of films you are handling and the deals you are doing, be specific. We share our film slate and numbers and if you do too, filmmakers can make educated choices.
I think much of the time filmmakers will still want someone else to handle their distribution and may be happy to do deals even if there is no profit, if only to establish and develop their careers. But let them make that choice as informed filmmakers, not still clinging to the allure of the 1990’s.
Orly Ravid July 25th, 2013
Posted In: Distribution, International Sales
Tags: collection, film sales agents, independent film, Orly Ravid, Producer's reps, terms