SXSW Wrap up
By Bryan Glick
Just because you didn’t premiere at Sundance or Cannes doesn’t mean you’re out of luck. Though not living up to the sales quota of last year, there are two dozen premiere films from SXSW that have sold in the U.S. Here’s a wrap up of the film sales from SXSW.
Anchor Bay stuck with their niche and took North American rights to two midnight entries Girls Against Boys and The Aggression Scale, while Cinedigm (who recently acquired New Video) went for U.S. Rights to In Our Nature and the midnight audience award winner Citadel. Pre-fest buys include Crazy Eyes which went to Strand Releasing for the U.S. and Blue Like Jazz courtesy of Roadside Attractions. Blue Like Jazz was promptly released and has since grossed close to $600,000 theatrically in North America. Lionsgate is handling DVD, VOD, and TV through their output deal. Meanwhile Crazy Eyes just started its theatrical run on two screens pulling in a little under $5,000 in its first week.
Millennium Entertainment took the gross out comedy The Babymakers and yet another midnight film, The Tall Man was bought for the U.S. by Imagine. If you’re a midnight film at SXSW, odds are things are looking up for you. The same could be said for The Narrative Spotlight section where two thirds of the films have since been acquired including The Do-Deca Pentathlon taken by Red Flag Releasing and Fox Searchlight. Red Flag is handling the theatrical (The film grossed $10,000 in its opening weekend off of 8 screens) while Fox Searchlight will cover the other ancillary markets. The Narrative Spotlight Audience Award Winner, Fat Kid Rules the World was bought by Arc Entertainment for North America and Frankie Go Boom was the first film to reap the benefits of a partnership with Variance and Gravitas. It will be released in the U.S. on VOD Platforms in September via Gravitas followed by a theatrical in October courtesy of Variance.
And though they did not premiere at SXSW, both Dreams of a Life and Electrick Children had their U.S. premieres at the festival and have since been bought. U.S. rights to the documentary Dreams of a Life were acquired by Strand Releasing. Meanwhile, Electrick Children was snatched up for North America by Phase 4. Phase 4 also nabbed North American rights to See Girl Run.
Sony Pictures and Scott Rudin took remake rights to the crowd pleasing Brooklyn Castle while HBO acquired domestic TV rights to the doc The Central Park Effect. Meanwhile, after showing their festival prowess with their success of last year’s breakout Weekend (which was sold by The Film Collaborative’s Co President, Orly Ravid), Sundance Selects proved they were not to be outdone and got the jury prize award winner Gimme The Loot for North and Latin America. Fellow Narrative competition entry Gayby sold its U.S. rights to Wolfe Releasing, a low 6-figure deal. That deal was also negotiated by TFC’s Orly Ravid. And not to be outdone, competition entry, Starlet rounds out the Narrative Competition films to sell. It was acquired for North America by Music Box Films.
S2BN Films’ Big Easy Express became the first feature film to launch globally on iTunes. It will be released in a DVD/Blu-Ray Combo pack on July 24th by Alliance Entertainment followed by a more traditional VOD/Theatrical rollout later this year.
Other key deals include Oscilloscope Laboratories acquiring North American Rights to Tchoupitoulas, Snag Films going for the US Rights of Decoding Deepak, Image Entertainment’s One Vision Entertainment Label aiming for a touchdown with the North American rights to The Last Fall and Factory 25 partnering with Oscilloscope Labs for worldwide rights to Pavilion.
Final Thoughts: Thus far less than one third of the films to premiere at SXSW have been acquired for some form of domestic distribution. While that may seem bleak, it is a far better track record than from most festivals. In The U.S., SXSW is really second to only Sundance in getting your film out to the general public. The festival also takes a lot of music themed films and more experimental projects with each theme getting its own designated programming section at the festival. Those films were naturally far less likely to sell. The power players this year were certainly Anchor Bay and Cinedigm each taking multiple films that garnered press and/or have significant star power. Other companies with a strong presence and also securing multiple deals were Strand Releasing and Oscilloscope. Notably absent though is Mark Cuban’s own Magnolia Pictures and IFC (Though their sister division Sundance Selects made a prime acquisition). Magnolia did screen Marley at the festival, but the title was acquired out of Berlin, and IFC bought Sleepwalk With Me at its Sundance premiere.
While it is great that these films will be released, it also worth mentioning what is clearly missing from this post. There is almost no mention of how much these films were acquired for. The fact is films at SXSW don’t sell for what films at Sundance do and it is safe to assume that the majority of these deals were less than six figures with almost nothing or nothing at all getting a seven figure deal.
As for the sales agents, Ben Weiss of Paradigm and Josh Braun of Submarine were working overtime, with each negotiating multiple deals.
SUNDANCE UPDATE: Since the last Sundance post, there have been two more films acquired for distribution. Both films premiered in the World Documentary Competition. The Ambassador negotiated successfully with Drafthouse Films who acquired U.S. rights for the film which will premiere on VOD August 4th followed by a small theatrical starting August 29th. Also finding a home was A Law in These Parts which won the jury prize at this year’s festival. Cinema Guild will be releasing the film in theaters in the U.S. starting on November 14th. 75% of the films in the World Documentary Competition now have some form of distribution in the US.
A full list of SXSW Sales deals from SXSW is listed below. Box office grosses and release dates are current as of July 12th.
Film | COMPANY | TERRITORIES | SALES COMPANY | Box Office/ |
Release | ||||
See Girl Run | Phase 4 | North America | Katharyn Howe and Visit Films | |
Starlet | Music Box Films | North America | Submarine | |
The Babymakers | Millenium | US | John Sloss and Kavanaugh-Jones | Theatrical Aug 3rd |
DVD Sept 10th | ||||
Citadel | Cinedigm | US | XYZ Films and | |
UTA Independent Film Group. | ||||
The Aggression Scale | Anchor Bay | North America Blu-ray/dvd | Epic Pictures Group | |
Girls Against Boys | Anchor Bay | North America | Paradigm | |
Tchoupitoulas | Oscilloscope | North America | George Rush | |
Gimme The Loot | Sundance Selects | North and Latin America | Submarine Entertainment | |
The Tall Man | Image Entertainment | US | CAA and Loeb & Loeb | August 31st |
Elektrick Children | Phase 4 | North America | Katharyn Howe and Paradigm | |
Blue Like Jazz | Roadside | US | The Panda Fund | $595,018 |
Crazy Eyes | Strand | US | Irwin Rappaport | $4,305 |
In Our Nature | Cinedigm | US Rights | Preferred Content | |
Brooklyn Castle | Sony Pictures | Remake Rights | Cinetic Media | |
Scott Rudin | ||||
The Central Park Effect | HBO | US TV | Submarine Entertainment | |
Gayby | Wolfe | US | The Film Collaborative | |
The Do Decca Pentathlon | Fox Searchlight | North America | Submarine Entertainment | $10,000 |
Red Flag Releasing | ||||
Fat Kids Rules The World | Arc Entertainment | North America | Paradigm | |
Decoding Deepak | Snag Films | US | N/A | October |
Big Easy Express | Alliance Entertainmnet | Worldwide DVD/VOD | Paradigm and S2BN | July 24th DVD/Blu-Ray |
Big Easy Express | S2bn | Worldwide Itunes | Paradigm and S2BN | Available Now |
The Last Fall | Image Entertainment | North America | N/A | |
Pavillion | Factory 25 | Worldwide | N/A | Jan |
Oscilloscope Labs | ||||
Frankie Go Boom | Gravitas | US Rights | Reder & Feig and Elsa Ramo | VOD Sept |
Variance | Theatrical Oct | |||
Dreams of a Life | Strand releasing | US Rights | eone films international | Aug 3rd |
Orly Ravid July 18th, 2012
Posted In: Distribution, Film Festivals, Theatrical
Tags: A Law in These Parts, Alliance Entertainment, Anchor Bay, Arc Entertainment, Ben Weiss, Big Easy Express, Blue Like Jazz, Brooklyn Castle, Bryan Glick, Cannes, Cinedigm, Cinema Guild, Citadel, Crazy Eyes, Decoding Deepak, Drafthouse Films, Dreams of a Life, Electrick Children, Factory 25, Fat Kid Rules the World, Fox Searchlight, Frankie Go Boom, Gayby, Gimme The Loot, Girls Against Boys, Gravitas, HBO, Image Entertainment, Imagine, In Our Nature, Josh Braun, Lionsgate, Millenium Entertainment, Music Box Films, Orly Ravid, Oscilloscope, Phase 4, Red Flag Releasing, S2BN Films, Scott Rudin, Snag Films, Sony Pictures, Starlet, Strand Releasing, Submarine, Sundance, SXSW, Tchoupitoulas, The Aggression Scale, The Ambassador, The Babymakers, The Central Park Effect, The Do Deca Pentathlon, The Film Collaborative, The Last Fall, The Tall Man, Variance, VOD, Wolfe Releasing
SUNDANCE 2012 DISTRIBUTION DEAL BREAKDOWN BY SECTION
Note from Orly: This blog post was researched and written by Bryan Glick, a new addition to the TFC family. Forthcoming will be an analysis of the actual releases out of the festival from past fests and this year’s. This will be a group effort on the part of all of us and we welcome any and all info. And now let us begin…
With SXSW just around the corner, now is the perfect time to look at the world of deal making at this year’s Sundance Film Festival. Over 100 films had their world premiere at the festival. Almost half of them now have some form of distribution in place but the numbers vary greatly based on what section the film screened in. On the high end is the Premiere section. With over 80% of the films getting acquired. Unfortunately things aren’t as rosy for films that were part of the World Dramatic section. Only one film has been bought thus far. The (#/#) below indicates how many films per section were “bought”.
WORLD DRAMATIC- (1/14) Only the film “Wish You Were Here” was bought by a North American distributor (Entertainment One). It also is in English with a somewhat-name cast.
WORLD DOCUMENTARY- (6/12) “Payback” (Zeitgeist) and “Putin’s Kiss” (Kino Lorber) were both bought before the festival. The latter, after playing IDFA. “5 Broken Cameras” was also bought Kino Lorber. Indomina couldn’t resist “The Imposter” and SPC got “Searching for Sugar Man”. “Indie Game: The Movie” was bought by HBO to be remade as a television series. They opted to reject other offers that would have included a theatrical run but they are doing their own DIY theatrical.
US DOCUMENTARY- (7/16) “Marina Abromovic: The Artist is Present” was an HBO DOC coming in and HBO also bought “Me @ The Zoo” prior to Sundance starting. Sundance Selects snagged both “Ai Weiwei: Never Sorry” and “How to Survive a Plague”, Magnolia opened the gates to “The Queen of Versailles” and unsurprisingly National Geographic went for “Chasing Ice”. Most recently, The Film Collaborative sold this year’s audience award winner, “The Invisible War” (the deal is being announced in a couple of days).
US DRAMATIC- (7/16) “Beasts of the Southern Wild” and “The Surrogate” were both bought by Fox Searchlight. “Safety Not Guaranteed” is the first Sundance film to be acquired by Film District. AFFRM, run by Ava Duverney the director of “Middle of Nowhere” will be releasing the film in partnership with Participant. “Nobody Walk” was one of the many Magnolia acquisitions at the fest, and not to be outdone IFC took “Simon Killer”. “LUV” was the only film from the section to score a television deal, which it was able to do as part of its theatrical deal with Indomina. It will premiere on BET. It is worth noting that 5 of the 7 films that have sold were award winners. The only award winning film from this section not to sell yet is “Smashed”.
NEXT- (3/9) These films are all relatively low budget and tend to fly more under the radar than the US Dramatic films. Since they were cheaper to make they are also far more likely to get their investment back. “28 Hotel Rooms” wooed over Oscilloscope, while Magnolia added “Compliance” to their buying spree. The Film “Mosquita Y Mari” was acquired by Wolfe Releasing. The Film Collaborative negotiated the low 6-figure deal and will do the theatrical release.
MIDNIGHT- (5/8) Magnet already had “Tim and Eric’s Billion Dollar Movie” going into the festival. “V/H/S” was also bought Magnet, which is the genre arm of Magnolia. LD Entertainment won the bidding war for “Black Rock”, “The Pact” will be released by IFC Midnight, and “Excision” made the cut for Anchor Bay.
PREMIERE- (13/16) Not surprisingly, this is the section that produced the most deals and also some of the largest deals of the festival. The Weinstein Company’s new Radius VOD Label acquired “Lay The Favorite” And “Bachelorette”. Samuel Goldwyn and Sony partnered to get “Robot and Frank”. “Arbitrage” was acquired by Roadside Attractions and will utilize the same day and date VOD approach that was done with “Margin Call”. IFC added “Predisposed” and Liberal Arts” to their packed slate. Meanwhile Imagine took “GOATS”, Focus nabbed “For a Good Time Call”, SPC took “Celeste and Jesse Forever”, CBS Films opted for “The Words, Millenium went with “Red Lights”, Magnolia snatched up “2 Days in New York” and ATO got in the game with “Shadow Dancer”
Notably absent from this list and still seeking distribution is “Red Hook Summer” which is the latest film from Spike Lee. The other two films (“Price Check” and “California Solo”) from the section yet to sell both did not premiere until the second half of the festival.
DOC PREMIERE- (5/8) “Ethel”, “The D Word”, and “About Face” all had HBO DOC deals going into the festival. “Something From Nothing: The Art of Rap” Was acquired by Indomina and “West of Memphis” wound up in the hands of SPC. “Room 237” was also bought out of the New Frontier section which is known for more experimental film-making IFC will release it.
FINAL THOUGHTS
THE BIG PLAYERS this year were smaller and mid-level distributors. HBO Docs had the most films in the festival going in but IFC and Magnolia left with acquisitions from multiple programming sections and each got some of the most sought after films. Indomina acquired three films, all of which were in competition. Fox Searchlight also went big by acquiring two of the biggest films in competition. Compared to last year though, they were relatively tame. With the recent acquisition of “West of Memphis” SPC has rights to three films from the festival. Leaving empty handed were The Weinstein Company’s main label, Open Road Films, and Relativity. All of these companies went looking for films that they could take wide; given their absence it would seem unlikely that there are many “Little Miss Sunshine”s from Sundance 2012. Which might explain why
VOD is IN. Many of the deals include VOD as a central component. Whether or not any can duplicate the success of “Margin Call” remains to be seen. That said filmmakers and distributors alike were far more willing to embrace the opportunities that VOD enables. Rare exceptions were films such as “Black Rock” which opted to reject a number of VOD centered offers. They will instead have a traditional theatrical run.
BIGGER ISN’T NECESSARILY BETTER when it comes to making your money back. While several films in the premiere section were able to get seven figure deals, it was far from enough to cover their budgets. Meanwhile smaller films like “The Pact” and “Mosquita Y Mari” were able to recoup and then some.
FINALLY, If your favorite film hasn’t been bought yet, that doesn’t mean it won’t get bought in the future or follow a solid DIY approach. “Being Elmo” was not bought until several months after Sundance last year but has gone on to gross over $250,000 theatrically. And films are still getting bought from the 2011 festival. “Restless City” was just acquired by AFFRM.
South By Southwest, here we come!
More Sundance deal analysis to come too…
Orly Ravid March 2nd, 2012
Posted In: Digital Distribution, Distribution, Film Festivals, Theatrical
Going to Market with Your Film, Cannes 2011
TEN TIPS for FILMMAKERS
Going to Market or Seeking Distribution
Going to a festival / market such as Cannes is exciting. Wine is often cheaper than water. Almost anything you eat there tastes better than almost anything you’ll eat here, even though it is a tourist trap. Somehow, no matter how many carbs one eats, one usually still loses weight either because of the hustling and bustling or the fact that the French make their food lighter even when it’s rich and they don’t use preservatives when we do…. ahh France. But, I digress.
When searching for distribution at or in preparation for, a festival or market, be clear about your goal and the amount of responsibility you have to your investors. You should be conducting a lot of research before you ever hit the market floor to identify which companies will be a good fit for your film. Depending on your knowledge, experience, willingness to take responsibility and the type of film you have, it may be advantageous to sell your film on your own, or it may be better to use a sales agent. Much is entailed with selling a film in different territories and formats and if you do not have experience in doing so, you may be better off working with someone who does. I have some tips for you to follow regardless of how your film will be sold. The Film Collaborative can help filmmakers who have decided to handle their own sales by evaluating contracts and guiding them through the process without taking the filmmakers rights, but it does depend on the filmmaker’s willingness to actively solicit buyers in the first place. Attracting suitable buyers is a time consuming and costly process (travel, marketing, sales skills), so if you have no interest in doing this, it is better to delegate that work (and your rights) to a sales agent. Before signing on the dotted line with ANYONE, (sales agent or distributor) you will need:
1. REFERENCES: Get references, and then call or email the *other* filmmakers the company has worked with. I am only partly teasing. You should be able to find a list of current clients on their website and you can research contact details for those people. It’s great to contact the references actually given, but sometimes it gives a clearer picture to contact a few at random. You’ll be shocked by how useful this can be to either comfort you that you are doing the right deal or protect you from being stuck in a deal you should not have done. The Film Collaborative has set up a Distributor ReportCard (a sort of “Yelp of Indie Film Distribution”) to help in the research of this. Check out our Distripedia™ section on our website www.TheFilmCollaborative.org
2. CAP EXPENSES: Define and cap all recoupable expenses and evaluate those based on projections. Spending $30,000 – $50,000 – $75,000 – $250,000 ++ is not inherently bad or good. It depends on the upside and the reasoning. Be clear about what the expenses are for, how much is approved, and if you and 8, 10, or 12 other people are being charged back for the exact same bill. Let’s not let that happen. Are you paying for a party in Cannes? Maybe that is what is needed to attract buyers…just make sure that you are choosing to do so and that it makes sense. If the expenses are for distribution, have an idea about P&A budgets for different types of releases, the size of the release, the realistic projection of return and how long that return might take. The bigger the release (theatrical to many cities, large advertising spend, high cost publicists), the more expense is incurred and likely the longer it will take to recoup. And one should have a clear sense of the objectives and projections of the theatrical so one can properly analyze expenses.
3. RIGHTS vs RIGHT TO SELL RIGHTS: Distinguish between the right to represent the rights (example, traditional sales agency could choose to do vs taking all rights) and vs having rights to actually directly distribute (example a sales agency that takes all rights so that it can also then directly do digital distribution or a buyer who buys multi territories but then has other companies do the distribution in most of them, or a company that does not do its own theatrical or its own digital or its own DVD. Extra middlemen mean extra fees means less $$$ to you. You may want a company to have both and take care of it all for you and maybe it’s even the most advantageous deal because of relationships and best terms. Just know what the deal terms will be instead of realizing after the fact. This is especially critical when fees and expenses come into play. You may not want or need your sales agent to directly distribute to digital platforms if you can manage this yourself or they don’t end up even doing that in unsold territories but have your rights anyway, or maybe you do. And that brings me to another point about rights, don’t give any away that won’t be “exploited” as they say in the industry (that’s meant to be a nice thing). I.e. have rights revert back to you that are not properly handled and try to not give them away in the first place without knowing why it makes sense to. And I always like to carve out digital platforms a filmmaker can get onto that a sales agent or distributor does not want or choose to (in collaboration with the distributor or sales agent of course).
4. ACCOUNTING: Make sure you know when Accounting is due and when your corresponding payment is due. Try for QUARTERLY unless you don’t like money coming in at least 3 times a year since most will pay no sooner than 30 or 60 days after the end of the quarter. Semi-annual accounting is possibly acceptable later into a term if you have no choice.
5. AUDITING & ARBITRATION: Reasonable Auditing and Arbitration provisions are key so you can have a clear way of investigating. Know where the arbitration will be conducted. “Resolving a matter via arbitration may be less expensive and more expedient than having to sue the distributor, but an arbitration provision may also be less effective at encouraging the parties to compromise prior to invoking arbitration than the threat of a lawsuit,” says TFC’s legal counsel Cherie Song, an attorney at McGuireWoods LLP. Also, “a distributor should have an obligation to maintain records of all sales and rentals of the film, and give you the right to inspect such records at reasonable hours with prior notice,” she says. “If your audit finds an underpayment, the distributor should pay you the difference within 30 days of demand, and if the difference is more than 5%, the distributor should reimburse you for your auditing costs.”
6. TERMINATION: Also set parameters by which a deal can be terminated. Not suggesting this should be random and exploitive of the sales agents or distributor’s efforts, but should they be in breach or become insolvent, one needs a remedy if it’s not cured. “If the distributor fails to fulfill a material obligation (e.g., if the distributor fails to pay the MG or your share of “Gross Receipts”, fails to provide statements or fails to market or distribute the film within a certain time period following complete delivery) or files for bankruptcy, then you should have the right to terminate the agreement with notice, with the rights to the film in unsold territories immediately reverting to you,” Cherie recommends. “The distributor should also indemnify you for claims resulting from its breach of the agreement and violation of third party rights. Furthermore, the distributor’s payment and indemnity obligations should survive the expiration or earlier termination of the agreement.” And our capitalizing of “Gross Receipts” is on purpose. All terms that have any possible key meaning and affect your deal should be capitalized and DEFINED! Many thanks to Cherie for her impeccable services to our filmmakers overall.
7. MARKETING PLAN: In order to distinguish a knowledgeable and reputable distributor from one who is less so, ask for a detailed marketing plan. For filmmakers to be in the strongest negotiating positions on this, a marketing plan should have already been developed and implemented during production and a fan base already started. The distributor will simply be adding extra muscle to this plan, both in terms of financing and staff. If there is no previous plan, ask to see exact specifics on how the title will be handled in-house and the expenses associated with it before agreeing to a contract. This is of utmost importance as the success of your title depends on these efforts. Without a clear understanding of the strategy, you may find your title simply becomes part of a catalog passed along during markets or part of a library that is rarely exploited. The more effort a filmmaker makes in gathering an identifiable audience for their work, the more leverage he/she has because the film has provable potential.
8. BUILDING AN AUDIENCE YOURSELF: Intentionally putting a fine point on this topic! More and more distributors and sales agents are researching your title just as much as you are researching them. If you haven’t made any effort to build an audience, the perception is maybe there isn’t one. You should be looking at the sales agent/distributor relationship as a partnership not as a savior. This makes your film far more attractive to those companies because they can see the money making potential and their efforts will make the title a much stronger earner. Wouldn’t you want to have an edge up on getting a better deal or not even needing one if you had already built an audience around your film well in advance of your first premiere? I know I would. (And thanks to our social network marketing guru / strategist Sheri Candler who contributed to this blog and especially #7 & #8).
9. CARVE OUT SOME DIY: Whenever possible, carve out the ability to sell off your own site and also via your own social networking pages and via other key DIY platforms & solutions. We recently did a blog (April 2011) about these so feel free to check out that info via the TFC site.
10. SPLIT RIGHTS / BE AS DIRECT AS POSSIBLE: If there is one thing I cannot stand is big fees taken out for being in the middle of revenue and not doing much to justify the fee. If a distributor is direct to key retailers and key digital platforms and is doing all or most of the release directly great. But if a distributor is licensing your rights for a not-very-huge-fee and hiring someone else to do the theatrical (and recouping an extra fee expenses) and / or not direct with libraries and institutions (if relevant) and/or not direct with key retailers or digital platforms then why bother? Go direct. Be as direct as possible. Split rights as much as possible especially when there is little investment on the MG side and/or little theatrical P&A side that help justify the rights needed for recoupment.
In closing, I will again emphasize research, research, research. Don’t be lazy and then regret later. It may have been more difficult to do this as an average filmmaker previously, but it isn’t difficult now. Take responsibility for your work and the business of it. Ask around. Ask other filmmakers, other companies, Ask us. Ask at least 3 people any given question so you can get a sense of the real answer to the extent there is one.
Bonne Chance!
Orly Ravid May 6th, 2011
Posted In: Distribution, Distributor ReportCard, Film Festivals, International Sales, Marketing, Theatrical, Uncategorized
If I were a filmmaker going to Sundance….
* This is part 1 of 3 parts to this Sundance focused blog.
* Part 2 will be written during the festival.
* Part 3 will be written in the aftermath of the glow of the fest.
If I were a filmmaker going to Sundance, and let’s say that I had a film with no recognizable press-generating cast that would be attractive to a distribution company for a large MG… What would I do? Seriously, I asked myself that question. And I realized how tempted I would be, even I, to find some sexy publicists and rockstar agents or sales company so that I could get the hot sexy sale at Sundance and make all my dreams come true.
What can a distributor do for you that you cannot do yourself with just a little bit of money, not even a lot, and some low fee consultation? And above all, what are you giving up by not building community for your film before and during the fest, instead letting other people run your show, potentially losing out on the momentum of the festival?
The beauty of Sundance, aside from the pretty mountains and clean air and great films and the best cheese danish I have ever had (@ the Java Cow and I know I’ll regret writing this), is the focused attention of both the PRESS and the PUBLIC. Most films showing at the festival, excluding cast-driven films, would not get half (½) the attention would they were not showing at Sundance.
Let’s look at some films from Sundance last year that were in this position and the routes they took and what they may have netted. These are films that cut distribution deals of some kind and got less than wide releases from their distributors:
A Small Act (Doc): Distributed by HBO, I don’t know exact sale price but suspect it was less than $150,000 and they did not need a sales agent to do that. They are also a TFC client for festival distribution. TFC handled film festivals for the filmmaker though by the time we got involved HBO had aired the film and that hurt our festival bookings and hence diminished potential revenues to the filmmaker. The director, Jennifer Arnold, is presently closing a DVD deal as well that she got herself.
*Gasland (Doc): Distributed by HBO, TFC consulted at Sundance along with their lawyer Michael Donaldson, and they did not need anyone to help them get a good HBO deal though they did have help handling offers and pursuing interest. The deal came to them directly and would have come to them regardless. They did some self-distribution for theatrical (Box office $30,846) and festivals. The film is now available for DVD. Zipline did PR and the film got its good rightful share of it. The filmmakers received a deal that has worked out very well, with some great PR and it played lots of fests. It’s shortlisted for the Oscars too.
*Extenuating circumstances: Debra Winger executive produced this film and she definitely helped a lot. Josh Fox is a very committed activist and spokesperson of the film’s critical message so he is very embedded in the community that would be most interested in this film. It’s a great example of a film that got a lot out of being at Sundance and the filmmakers got a deal they are happy with and they probably recouped as a result given the low budget of the film.
A Film Unfinished: Distributed by Oscilloscope. I will say that $320,000 theatrical box office is very very good (I have no idea what they spent though to release the film but it’s likely some money was made on the theatrical). The film had a sales agent (CINEPHIL from Israel) and I am almost positive the MG was less than 6-figures. My judgment is that the filmmakers could have done just as well releasing on their own with just some money set aside for a booking agent and a publicist, especially for this niche. It is a doc that hits a niche audience that works consistently and is lucrative and I can’t say that the filmmakers needed a sales agent and a distributor to be in between the film and its audience. I doubt the filmmakers will make as much money as they would have handling the film on their own with just some low fee consultation.
The Dry Land – reported budget from imdb $1mil, box office $11,777 Most likely a service deal since it was theatrically released by Freestyle Releasing. Freestyle service deals are not cheap; most of their releases involve budgets of $200,000 + (though sometimes less) and most for-profit service deals involve fees of tens of thousands of dollars). Clearly not a good result here, but we assume hoping to recoup in home video.
Douchebag -Paladin is distributor and (so I assumed it was a service deal paid for by the filmmakers but the producer wrote to Ted Hope that they sold the film for more than its budget. We would love to know the details since usually Paladin does service deals and since to us that seems like quite a deal). Box office return $20,615 on a maximum of 6 screens. Also, not a good return.
Bhutto – Distributed by First Run Features. Just released December 3, to day box office $16,216, only playing 2 theaters. A large advance was not paid and most of what was accomplished could have been done by the filmmakers themselves without large percentages paid.
Taqwacores: Distributed by Strand , most likely a very small advance was given. The box office was $9,347 on 2 screens. Another example of a film that could have done this much better and faired better overall without a distributor involved. With just some low fee consultation, time and money set aside, the filmmaker would still be in control of their film and able to work up the audience.
I am not knocking these deals, simply noting that if one is to do them, one should at least cut out excess middle men and do them smartly, reserve some rights, negotiate carefully on the back end, monitor expenses, maybe even have been better off not doing these deals. It would have helped all of these films to build community around the film leading up to the festival and exit the festival with a bang, ready to reach audiences immediately. I think a lot can get lost during the time it takes for distributors to bring films to market, especially for the smaller films.
I think the decision to cut a deal with a distributor, no matter what, is emotional because even when I put myself in the filmmakers’ shoes I realized the emotional power of having an offer made to just take care of this for me. It signals that what has been made must have value and was done well. It also allows for one to not have to get hands dirty with the money stuff and the business stuff. But, if you are a filmmaker, you did choose the most expensive art medium in the world and unless you are rich or your investors don’t care about getting their money back, I want you to at least consider this: You don’t NEED traditional distribution. For MOST of you, without special connections or name cast, MOST traditional distribution will not serve you. Most distributors don’t pay enough or do enough or are fair enough, and many of them have to raise P&A anyway, or hire the same service providers you can, so do the math, think twice, and be careful. And remember, buyers are happy to buy direct, especially many TV buyers and VOD platforms, and you can get inexpensive help negotiating.
The more you can set up to do on your own the better for you and your investors in the long run. You run a risk doing nothing in terms of building community around your film or not setting up a distribution plan, having several layers of middle-men and waiting for Godot. When you do the math, the Sundance dream often connects up to cast-driven films and just a few rare gems each year, and there are those to be sure, each year, but just a very few. Most other deals you could get anyway if you wanted them, with someone on the side advising in you in fair way.
PS: Here is additional info on films from Sundance 2010:
* 3 BACKYARDS: Screen Media all rights, no verifiable release.
*12th AND DELAWARE: HBO Films, premiered on 8/02/10,currently HBO OnDemand.
* ANIMAL KINGDOM: Sony Pictures Classics, Box office $1,008,742 and this is a great example of a film that might otherwise have done little if any business were it not for Sundance.
* CATFISH: Rogue Pictures / Universal with a box office of $1,315,573 and it is definitely a great release for a doc and if the deal is good for the filmmakers then it’s a dream come true. Of course that’s an ‘If”.
* CASINO JACK AND THE UNITED STATES OF MONEY: Magnolia Pictures, $175,865 – and this is directed by Alex Gibney one of the most famous doc directors but sadly probably lost market share to the feature starring Kevin Spacey.
*EXIT THROUGH A GIFT SHOP: Producer’s Distribution Agency (a distribution company set up by John Sloss specifically to handle this film), Box office $3,291,250. I am in love with that film, and it’s to Banksy’s credit the film did what it did and some in the industry actually think it was a financially weak release given how much was spent, estimates are put at over a million. In any case, most filmmakers cannot imitate a set up that had John Sloss turn down a 7-figure advance because he wanted to handle the release himself and he did with the help of Richard Abramovitz and had the reputation and cult following of Banksy, Shepard Fairey , and Thierry Guetta.
*FAMILY AFFAIR: OWN the Oprah Winfrey Network, air-date: possibly spring.
* THE FREEBIE: PHASE4, the box office was just $16,613 the deal was allegedly worth low – mid six figures for US & Canada, all rights. The film was sold by Visit films.) Now I have inspired Phase4 to buy two films I did not take a commission on. I am not saying Visit films is not great and I am not saying it’s not great to have guidance at a festival or market especially when there is a bidding war, which there was apparently, I am just saying buyers buy films they want, not because of who is selling them. We hope the filmmakers of all these films weigh in on their overages and overall bottom line.
* FREEDOM RIDERS: PBS with an outreach campaign by American Experience, film to be shown in May on 50th anniversary of the original rides.
*GROWN UP MOVIE STAR, NO US or INTL distribution, E1 entertainment is the sales agent, Mongrel Media (distributor in Canada)
* HESHER: NewMarket, reported budget $7mil, no release info
* HAPPYTHANKYOUMOREPLEASE (DISTRIB: Anchor Bay, release was supposed to be in March but as far as we know it has not happened yet).
* THE IMPERIALISTS ARE STILL ALIVE: no info
*JEAN-MICHEL BASQUIAT: The Radiant Child (Arthouse Films (which also produced the film), Box office was $250,129. A big hit in France, what a great niche and great doc. The producers did handle their film themselves in the US.
*LAST TRAIN HOME, Zeitgeist Films, released: 9/03/10-TOTAL GROSS: $282,092
(Here is a good example of a good doc sales company from what we hear and a good US distributor and a doc that probably sold well relatively speaking).
* LOVERS OF HATE: IFC –which is primarily a VOD play and some very traditional deal terms.
* MY PERESTROIKA: no info
* THE OATH: Zeitgeist, box office $42,273
* OBSELIDIA-reported budget $500K, still with a sales agent it appears
*THE RED CHAPEL, Lorber Films, opens 12/19/10 at IFC Center, Lorber Films plans a theatrical release of the film in the U.S. and Canada, followed by television broadcast and a DVD release.
* RESTREPO (US distribution: National Geographic Entertainment, Box office $1,330,058 –another Sundance success story to be sure, assuming terms are good for the filmmakers, which we have no information about
* SYMPATHY FOR DELICIOUS: Maya Entertainment (US, media)
* SKATELAND: Freestyle Releasing in March 2011 – and this means most likely it’s a service deal and paid for by the filmmaker. I should note that sometimes Freestyle helps raise the P&A. (though I don’t know what their cut is; one day I will ask).
* TWELVE: DISTRIBUTOR is Hannover House and the box office gross was $183,920 (somewhat shocking given the cast and the director.
*UNDERTOW: (Sundance World Cinema Audience Award Winner) TFC is doing theatrical and worldwide festivals and consulted on the distribution deals. We will be covering this in a case study to be written after the release is completed.
*WASTE LAND, Arthouse Films, released 10/29/10-TOTAL GROSS: $96, 597
Arthouse Films handled the theatrical release later followed by a DVD and digital release on the Arthouse Films label in early 2011…E1 Entertainment holds the international rights and is managing worldwide sales which to date include Australia (Hopscotch), Hagi Film (Poland) and Midas Filmes (Portugal). E1 Entertainment will also distribute the movie in Canada and the UK. Downtown Filmes is the Brazilian distributor.
* WINTER’S BONE: Roadside Attractions, Box office $6,210,516, and this is a great example of a film that would have likely lingered in oblivion were it not for Sundance and the right distributor;
* Other films not listed in detail are Cyrus, The Kids Are Alright, Waiting For Superman, Splice, and The Runaways because they all have big names involved, in a few cases the deals were done before Sundance and not all of them even had great releases in the net analysis.
Orly Ravid December 21st, 2010
Posted In: Distribution, Film Festivals, Theatrical, Uncategorized
Tags: A film Unfinished, A Small Act, Bhutto, Cinephil, Debra Winger, distribution, Douchebag, DVD, First Run Features, Gasland, HBO, Jennifer Arnold, Josh Fox, Michael Donaldson, Oscilloscope, Paladin, Strand, Sundance, Taqwacores, The Dry Land
TFC Tidbit of the Day 49 DVD in a Hybrid Approach
For as long as it lasts, DVD is a key example of where a hybrid approach (mixture of self and distributor distribution) can be critical. Sometimes the filmmaker’s traffic on his/her own site is significant (and that is the goal after all). At times, direct sales can match sales to retailers via a distributor so reserve the right to sell direct off your site or at least have a good AFFILIATE FEE (where you get an extra commission for referring your direct customers to your distributor or Amazon). Certain films may get into WalMart or Blockbuster (while it’s still around) and that level of sale needs to happen via a distributor, but the direct sales can be very significant.
TFC negotiates contracts for clients through DVD distributors, we don’t distribute DVD’s ourselves. We have facilitated hybrid deals for clients and know of other filmmakers employing this strategy. We will get numbers for our forthcoming case-studies. One negotiation deal we did was for “Prodigal Sons” with First Run Features. That film is a perfect example of a film that employed hybrid distribution(some DIY & and some licensing)… and Kim Reed got on Oprah!
Orly Ravid August 26th, 2010
Posted In: DIY, Marketing, Theatrical
Tags: affiliate fee, DVD, Kim Reed, Prodigal Sons, self distribution
TFC Tidbit of the Day 48 NON-THEATRICAL & THEATRICAL Screenings
Many films enjoy their greatest success both on an awareness and financial level via HYBRID THEATRICAL / NON-THEATRICAL screenings. The film “For the Bible Tells Me So” had a successful two-year run. We (under our previous company New American Vision) worked non theatrical screenings for END OF THE LINE to screen at over 200 venues. Caitlyn Boyle worked many screenings of the film after us. The film “Age of Stupid” made 6-figures in profit from automated house-party screenings.
Documentaries,issue-oriented films and niche films lend themselves to this model and it can absolutely be done by yourself or with a professional company, it all comes down to how much time and energy you have to do the work entailed. TFC recommends asking filmmakers who have tapped into a similar niche that your film targets for tips and advice on reaching the audience. Educational / Institutional distributors such as Bullfrog and Cinema Guild can definitely get you bookings you could not get yourself simply by virtue of having the right database, so investigate ahead of time. You may want to hold off on regular DVD and digital distribution if this is part of your plan, non theatrical screenings are a window after all.
On the THEATRICAL side, we recommend you check out our recent blog on the topic and remember there’s a lot you can do on your own (including booking theatres). We recommend comparing the realistic upside with the investment. If you can’t come close to the recoupment on the cost of theatrical booking, really weigh whether it is worth it. Beware of service companies charging too much. We did just learn of a narrative film that self-released and grossed $650,000 and will actually profit from the release overall because that theatrical screening campaign elevated the profile of the film and therefore it got the DVD, digital and TV business the investors were hoping for. We’ve been ask not to name the film, sorry. In any case, examples like this can go both ways so be careful and get educated *before* the release.
Orly Ravid August 25th, 2010
Posted In: Marketing, Theatrical
Tags: Age of Stupid, Bullfrog, Caitlyn Boyle, Cinema Guild, End of the Line, For the Bible tells me so, Hybrid theatrical, New American Vision, theatrical screenings
TFC Tidbit of the Day 47 Film Festivals via a Distributor
TFC books film festivals for filmmakers when that work is too time consuming for the filmmakers themselves to handle. Bookings can be done by yourself and you can charge fees for an in demand film. However, there is something to be said for the ability of a distributor to command more in fees and know of more fests to get the film placed more broadly.
Know your film and yourself to determine how your festival run is best handled. Especially with niche films, make sure you are working with someone who has the knowledge of all the appropriate fests and can command decent fees, or make sure that person is you. More to consider if working with an outside company: make sure they are not too glutted with so many films that cannibalize each other both attention wise and content wise and ask what they do to work the film at the festival level.
Orly Ravid August 24th, 2010
Posted In: DIY, Film Festivals, Marketing, Theatrical
Tags: film distribution, film distributor, Film Festivals, film screenings
TFC Tidbit of the Day 46 Balancing Old World Model Licensing Distribution With New Media Opportunities and DIY
The Tidbits this week will be bolstered by CASE STUDIES and real numbers to come after the initial releases have completed. These TidBits are the conclusion of our first DISTRIBUTION TIDBITS series and a bit of a general overview of how to blend traditional distribution with new DIY opportunities.
FOREIGN (OUTSIDE US DISTRIBUTION): TFC usually employs a hybrid approach when it comes to distributing films outside of the US. There is still a lot a distributor in another country can do with your film that you cannot do yourself, i.e. theatrical and non-theatrical, additional festivals per territory are harder to suss , and of course
retail DVD and often TV etc. To balance things out, TFC often combines licensing rights to distributors with some DIY. For example, we make sure filmmakers can sell off their own site (we can help facilitate that) and also have the right to get the film onto any
digital platforms that the distributors cannot and we can facilitate a worldwide iPhone App and other Apps which also allow for direct digital distribution in many countries around the world. We also aggregate directly and through our partners to key digital platforms available worldwide.
TFC helps filmmakers with foreign sales and will also soon have a booth at key sales markets. If you are going with another sales company, we will help you not get stuck in an abusive deal or one that recoups excessive costs at your expense of reasonable revenue. And many buyers will buy directly from filmmakers if they are properly motivated, thus decreasing the need for a sales agent.
Orly Ravid August 23rd, 2010
Posted In: Digital Distribution, Theatrical
Tags: Digital Distribution, DIY, film distribution, foreign sales, iPhone App, new media, nontheatrical, Theatrical