If you’re going to read and understand your distribution agreement, then there’s some terminology you have to grasp first. So with that in mind, here’s a breakdown of some key terminology you ABSOLUTELY need to know if you’re going to get traditional distribution for your film.
The Distributor’s job is largely to make your film available for sale, and set it up in such a way that people are likely to buy it. Some will work to market your film, but most won’t. Even when they do market your film, you helping market your work will make the marketing your distributor does much more effective. However, there are some basic rules that you should follow to make sure everything goes as well.
Its no secret that may think film distribution is broken. While there are many reasons for it, part of it is due to the rapid change in the amount of money flowing to distributors, and what constituted effective marketing. What works for marketing films now isn't what worked in the past, and the systems distributors built themselves around have fallen apart. Here's an elaboration.
I’ve recently stepped into the world of direct US Distribution. This is primarily due to things I’ve learned from several other US Releases I’ve overseen as a Producer’s Rep. One of the most common questions I get is what platforms to release a film on. So, instead of answering the same thing over and over, I’ve decided to put my thoughts into a blog.
We recently came to the close of the theatrical release of Rockhaven Film’s Goodland. It played in a total of 7 cities. This was the first time I’ve been a key part of making a theatrical release work, so I wanted to share some of what I learned along the way. So here it is: 9 things I learned from my first theatrical release.
Even though the delivery materials in the first 3 parts of this blog seemed pretty thorough, there are still more that may be required to fulfill an international sale. Generally, these deliverables are only required if requested at a later date, and sometimes they’re created by the sales agents as an additional recoupable expense to be paid before the filmmaker begins taking their cut.
Distribution deliverables are far more than simply technical requirements. As we saw last week, there are also substantial marketing materials that you’ll have to provide to the distributor, and more that they may have to generate themselves. This week we’re covering the basics of legal distribution deliverables.
Last week, I covered the basics that are required as deliverables for almost every U.S. Distribution or International Sales Contract. This week, I’m going through the servicing lists. Most of these servicing requirements are for internationalization of the film, be they subs or dubs. Some are more for marketing purposes, but in the end it’s what the sales agent need to effectively put together a package and the film to where it needs to go.
So there’s a lot of questions about what’s involved in Distribution Deliverables for an independent Film. So I’ve scoured a few contracts to find a very thorough list of what you might need to provide for a distributor or Sales Agent if they take your film. Since this list is quite expansive, there may be some stuff on here that most distributors do not ask for, but If figured it best to know what you might have to be able to provide
In closing contracts, one question I get asked a lot is why distributors, sales agents, and producer’s reps need exclusivity when we do our jobs. Sometimes, this question even comes from the lawyers of my clients. I understand there is risk when giving someone the exclusive right to represent your project, so I thought I would write up a blog post examining exactly why we need exclusivity. Generally speaking, the goal is not to tie up your rights and make it so you can’t do anything with them. There are lots of other reasons why sales agents or producer’s reps need exclusivity.
 A few weeks back I did a post on how to get a Letter of Intent from a Sales Agent. You can read that post here. However, I realized it might not be a bad idea to step back and examine the differences between a Letter of intent and a Pre-Sale. While I touch on it in the Rules for getting a Letter of intent blog, It seemed like the topic was worth a little bit more explanation.
I’ve been quoted as saying that investors get the short end of the stick in film investment. They end up putting up all or most of the money, and then are often left with their hands out. They’re the last to get paid on the production, and the system is structured in such a way that it’s almost Impossible to create a sustainable investor class.
I wrote an entire 7-part blog series on WHY film investment is in the tubes, so I don’t need to do that again. This blog will focus on exactly what I mean about investors being the last to be paid, when filmmakers don’t get any profit share until after the investors have recouped. The answer to this question lies in the standard distribution waterfall |
AuthorMy name is Ben, I'm an Entrepreneur, Producer's Rep, and Author. I'm the founder of Guerrilla Rep Media, Co-Founder/CMO of ProductionNext, and founder of Producer Foundry. Together, the organizations seek to help make filmmaking a more economically sustainable endeavor. I am dysic, I have capitalization issues, and the blogs are often unedited. opinions all my own. 
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