Dumb Dog Productions LLC

SUN TZU QUOTE

Dumb Dog Production is a full-service Film Production Company. We hope you find the site informational and answers any questions you might have about the entertainment industry.

We do not claim that this site is a be all and means to an end, but to help guide and learn how the entertainment industry work.

Please do not hesitate to contact us for any questions.

Thank you,

Sherri (Bisbey) Rowe / Bruce Bisbey / James Bisbey

Email: brucedumbdog@gmail.com Dumb Dog Production Phone: +1 319-930-7978 Dumb Dog Productions LLC / Bus Lic.: 5084725 https://dumbdogproductions.com/ https://dumbdogproductionsllc.blogspot.com/ https://www.facebook.com/DumbDogProductionsLLC/

SUN TZU QUOTE...“Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.”

Friday, September 20, 2019

WHAT IS FEATURED EXTRA IN A FILM? (In the Entertainment industry.)

Featured Actor / Photo Credit: IGN

WHAT IS FEATURED EXTRA IN A FILM? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is featured extra in a film?

Featured extras stand out from the crowd. They may hand the actor a newspaper, pour him a cup of coffee, trip over a sidewalk and block the hero's way or catch a fly ball in a stadium. The featured actor's part is short and generally not repeated more than once during the film. A Featured Extra is someone who is still considered a background performer, but is potentially recognizable in the final product. They are recorded but they are NOT speaking, NOT featured in individual shots, and NOT interacting with product being shown (unless specifically stated).

Extras, more properly known by their Screen Actors Guild, or SAG, designation as "background actors" today, are the backdrop actors in movies, television series and other productions. The term "featured extra" is used to describe actors that have specific roles rather than just blending into the background, although SAG doesn't use this term.

Standing Out

Featured extras stand out from the crowd. They may hand the actor a newspaper, pour him a cup of coffee, trip over a sidewalk and block the hero's way or catch a fly ball in a stadium. The featured actor's part is short and generally not repeated more than once during the film. While all types of people are hired as background actors, casting directors are often looking for a certain type for a featured extra role.

Speaking Lines

Background actors, even those who would be considered featured extras, don't talk. They may take part in crowd murmurings or general backdrop conversation, called "omnies." If a featured extra speaks, he's no longer an extra but an actor.

Pay

Featured extras make slightly more pay than regular background actors, but less than an actor with a speaking part, no matter how small the speaking role.

Qualifications

Background actors don't necessarily have to belong to SAG. Different acting sectors have different guidelines about what percentage of background actors in a film or televised show must belong to SAG. Nonunion actors are hired only after all the SAG slots are filled. If you belong to SAG, your chances of working increased, but getting into SAG isn't easy. You must work as a SAG actor for at least three days and present pay vouchers for those three days’ work as proof. Joining SAG also requires hefty fees.

References & Credits: Google, Wikipedia, Wikihow, WikiBooks, Pinterest, IMDB, Linked In, Indie Wire, Film Making Stuff, Hiive, History Channel, Film Daily, New York Film Academy, The Balance, Careers Hub, The Numbers, Film Maker, Film Site, TV Guide Magazine, Blurb, Media Match, Quora, Creative Skill Set, Chron, Investopedia, Variety, No Film School, WGA, BBC, Daily Variety, The Film Agency, Best Sample Resume, How Stuff Works, Studio Binder, Career Trend, Producer's Code of Credits, Truity, Production Hub, Producers Guild of America, Film Connection, Variety, Wolf Crow, Get In Media, Production Beast, Sony Pictures, Warner Bros, UCAS, Frankenbite, Realty 101, Careers Hub, Screen Play Scripts, Elements of Cinema, Script Doctor, ASCAP, Film Independent, Any Possibility, CTLsites, NYFA, Future Learn, VOM Productions, Mad Studios, Rewire, DP School, Film Reference, DGA, IATSE, ASC, MPAA, HFPA, MPSE, CDG, AFI, Box Office Mojo, Rotten Tomatoes, Indie Film Hustle, The Numbers, Netflix, Vimeo, Instagram, Pinterest, Metacritic, Hulu, Reddit, NATO, Mental Floss, Slate, Locations Hub, Film Industry Statistics, Guinness World Records, The Audiopedia, Imagination for People, Literary Devices, Start Up Film Maker, On Post Modernism, The Guerrilla Rep Media, Indie Film Distribution, Filmmaker Freedom, Sharon Perkins

THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS PROVIDED "AS IS" AND BRUCE BISBEY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS INFORMATION. BRUCE BISBEY DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. BRUCE BISBEY WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS INFORMATION.

Featured Actor / Photo Credit: IGN

Wednesday, September 18, 2019

WHAT IS THE DIFFERENCE BETWEEN A FILM, A MOVIE OR CINEMA? (In the Entertainment industry.)

Cinema Movie Film / Photo Credit: Jeremy Yap – Unsplash

WHAT IS THE DIFFERENCE BETWEEN A FILM, A MOVIE OR CINEMA? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is the difference between a film, a movie or cinema?

“Movies” vs. “Cinema” vs. “Theater” — what's the difference?

Movies is slang for a motion picture. Film is the medium on which motion pictures are fixed. Cinema is from the French cinématographe which comes in part from the greek kinema, meaning movement. So, cinema is really just another word meaning moving picture. It also has come to mean more generally the process of film-making and also the building where films are shown. Theater is similar to cinema, in that it can mean the building, or more generally the industry of live performance (i.e. plays, musicals, etc.).

A movie is more concerned with plot and easy answers. A film attempts to convey or explore something larger than itself. A movie is about giving the audience exactly what they want. A film forces the audience to grow in some way, to leave the theater slightly better humans than when they came in.

The distinction between films and movies isn’t about the budget, scope, or reach of a film, nor is it about anything tangible or measurable for that matter. It all comes down to the intention, the philosophy, and the belief systems of the people making them.

Cinema is for a theater where movies are shown for public entertainment; a movie theater. 1a: motion picture —usually used attributively. 1b: a motion-picture theater. 2a: movies especially: the film industry. 2b: the art or technique of making motion pictures.

Cinema = It is referred to the entire film industry, as well as the place designed for the exhibition of movies, films, etc. It is considered as an art form of the movie making business. It is based on the process of movie or film making, editing, scriptwriting, set designing, etc.

Movie is short for moving picture (or motion picture), and can refer both to a single show and to the film industry (when in the plural form, the movies).

Movie = Moving picture; also, a moving-picture show; a cinema; pl. (freq. the movies), motion pictures as an industry, an art-form, or a form of entertainment; a cinema or a cinema-show.

Film obviously derives from the fact that the images were/are impressed on a roll film (not for digital cameras of course).

Film = A cinematographic representation of a story, drama, episode, event, etc.; a cinema performance; pl. the cinema, the ‘pictures’, the movies.

A feature film, feature-length film, or theatrical film is a film (also called a motion picture or movie) with a running time long enough to be considered the principal or sole film to fill a program. ... Most feature films are between 75 and 210 minutes long.

Cinema Movie Film / Photo Credit: Jeremy Yap – Unsplash

WHAT IS THE DIFFERENCE BETWEEN A FILM AND A MOVIE? (In the Entertainment industry.)

Difference Between Film and Movie / Photo Credit: Pediaa.com

WHAT IS THE DIFFERENCE BETWEEN A FILM AND A MOVIE? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is the difference between a film and a movie?

Movie is short for moving picture (or motion picture), and can refer both to a single show and to the film industry (when in the plural form, the movies).

Movie = Moving picture; also, a moving-picture show; a cinema; pl. (freq. the movies), motion pictures as an industry, an art-form, or a form of entertainment; a cinema or a cinema-show.

Film obviously derives from the fact that the images were/are impressed on a roll film (not for digital cameras of course).

Film = A cinematographic representation of a story, drama, episode, event, etc.; a cinema performance; pl. the cinema, the ‘pictures’, the movies.

Difference Between Film and Movie / Photo Credit: Pediaa.com

Thursday, September 12, 2019

WHAT IS A LIFE RIGHTS AGREEMENT? (In the Entertainment industry.)

Life Story Rights / Photo Credit: No Film School - Adrijana Lazarevic - Shutter Stock

WHAT IS A LIFE RIGHTS AGREEMENT? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is a Life Rights Agreement?

Life Rights

Similar to a rights purchase agreement is a life rights purchase agreement. If a producer intends to produce a biography on a person’s life, they may purchase that person’s cooperation with a so-called life rights agreement. These rights can also be purchased from someone who knows the subject well. This is most commonly used when the subject is deceased. In that case, the life rights can be purchased from the subject’s heirs or other immediate family who inherited these rights upon the subject’s death. While story rights of certain deceased individuals may be considered “public domain,” particularly if the individuals did not exploit their right of publicity during their lifetime, there are dangers in producing a “bio pic” without an actual person’s verified story. Included in these dangers is being sued for slander by the deceased individual’s estate and/or being prosecuted for criminal slander against a deceased individual in certain jurisdictions. Clearance of these issues can be critical in obtaining errors & omissions (“E&O”) insurance at the time of distribution.

Purchasing Life Story Rights

By: Mark Litwak

https://www.marklitwak.com/purchasing-life-story-rights.html

Before you decide to purchase the rights to a person’s life story, it is worth considering what you are buying. When you buy the rights to portray someone in film or television, you are buying a bundle of rights. These rights include protection from suits based on defamation, invasion of privacy and the right to publicity. You may also be buying the cooperation of the subject and his family or heirs. Perhaps you want access to diaries and letters that are not otherwise available to you.

If the subject of the life story is deceased, much of the rationale for buying these rights disappears, since defamation and invasion of privacy actions protect personal rights that do not descend to the estate. In other words, people can spread lies and falsehoods about the dead, reveal their innermost secrets, and their heirs cannot sue for defamation or invasion of privacy on behalf of the deceased person. A writer could publish a revisionist history of George Washington, portraying our first President as a child molester and a thief, and his heirs would have no remedy. So when a subject is deceased, a producer has less need for a depiction release. The right of publicity may or may not descend to one’s heirs, depending on state law.

It is also important to consider whether the subject of your film is a private individual or a public official or public figure. Public officials and figures have opened more of their lives to public scrutiny, and consequently more of their lives can be portrayed without invading their privacy. Moreover, public officials and figures must meet a much higher burden of proof in order to establish defamation or invasion of privacy. They must prove that a defamer intentionally spread a falsehood or acted with reckless disregard of the truth.

One should also consider the possibility of fictionalizing a true story. If you change the names of the individuals involved, change the location and make other alterations so that the real-life people are not recognizable to the public, you could avoid the necessity of a depiction release.

Keep in mind, however, that the story’s appeal may be predicated on the fact that it is a true story. In such a case, fictionalization is not a good alternative. Suppose you wanted to do the Jessica McClure story, describing how a Texas community rallied to the rescue of a young girl who fell down a well-hole. Here you would want to bill the movie as The Jessica McClure Story. That is why viewers would tune in.

Terms of the Agreement

In negotiating for life-story rights, there are a number of important issues that need to be resolved. At the outset, the parties must determine the extent of the rights granted. Does the grant include remakes, sequels, television series, merchandising, novelization, live-stage rights and radio rights? Are the rights worldwide? Buyers will usually want as broad a grant as possible. The seller may insist on retaining certain rights.

The buyer must also consider other releases that may be needed. What about the subject’s spouse, children, friends and relatives? Will these people consent to be portrayed? Will the subject ask his friends and relatives to cooperate? Can these secondary characters be fictionalized? If the producer is planning an ensemble piece about a basketball team, it makes no sense to sign up players one by one, hoping to get them all. A smart producer will gather the team in a room and purchase all of the rights or none.

Another issue is whether the rights can be assigned to a studio or production company. If the buyer is a producer, she will often need to assign such rights to a studio or network later as part of a financing/distribution agreement.

The purchase of life-story rights can be structured as either an option/purchase deal or as an outright sale, often with a reversion clause. A reversion clause provides that in the event the rights are not exploited within a certain number of years (i.e., the movie is not made), then all rights would revert to the subject. This provision protects the subject if he has sold rights to his life story to a producer who never uses them, and sometime later another producer is interested in making such a film.

The agreement should recite the consideration exchanged. Consideration is a legal term of art. Consideration is that which is given in exchange for a benefit received. It is a necessary element for the existence of a contract. A contract is only binding with consideration. It is what distinguishes a contract from a gift, which may be revocable.

Consideration is usually money, but it can be anything of value. As a general principle, courts do not review the adequacy of consideration. In other words, should you be foolish enough to agree to sell your brand-new car, worth $15,000, for only $5,000, don’t expect a judge to rescue you from the results of your poor judgment. Unless there was some sort of fraud or duress involved, the contract will be enforced, although it may be unfair to one party.

To ensure that a contract is binding, agreements often recite: “For ten dollars and other valuable consideration.” This clause establishes that there has been an exchange of value, even if it is nominal consideration. Make sure the consideration is actually paid. It is wise to pay by check so that you will have the cancelled check as proof of payment.

Mutually exchanged promises can be adequate consideration. For example, a producer’s efforts to develop a project could be deemed adequate consideration for an option. But to be sure their contracts are enforceable; producers may want to pay some money for the option. There are some exceptional circumstances when courts will throw out a contract if the terms of the contract are unconscionable.

There are other ways to compensate a subject of a life story besides a flat fixed fee. You could give the subject points (percentage of net profits), consulting fees and/or bonuses to be paid when the film is exploited in ancillary markets.

An important part of any depiction agreement is the “Warranties and Representations” clause. A warranty is a promise. The buyer will want the seller to promise never to sue for an invasion of his rights of publicity and privacy, or for defamation, even if the buyer takes some creative liberties in telling the story. The warranties must cover all conceivable situations. No one wants to buy a lawsuit.

There will also be a provision that gives the buyer the right to embellish, fictionalize, dramatize and adapt the life story in any way he chooses. This is a frequent sticking point in negotiations. The subject is delighted to be asked to have her story told on the silver screen, but when you present her with a depiction release, she becomes concerned. She asks, “This document says you can change my story any way you like and I can’t sue for defamation. How do I know you won’t portray me as a monster?”

A producer may reply: “Trust me, trust me.” Sometimes that will work. But the subject may respond: “I have no intention of trusting any of you charming Hollywood types. I want script approval. Write your script, and if I like it, I’ll sign the release.”

Can a producer give a subject script approval? No sane producer would. No producer is going to expend a lot of time and money developing a script only to find that the subject has changed her mind or is unreasonably withholding approval.

If the subject refuses to give the producer carte blanche, are any compromises possible? Yes. The subject could have approval over the treatment or selection of the writer. Perhaps the subject will figure that if she approves only a classy writer, her portrayal will be acceptable.

Alternatively, the producer could offer to make the subject a creative or technical consultant to the production. “You’ll be right there by the director’s side,” says the producer, “giving him advice and suggestions to ensure that everything is authentic.” The producer may not mention that the director doesn’t want the subject on the set and is not required to accept her suggestions.

Another possible compromise could limit the subject matter and period portrayed. Perhaps the subject is primarily concerned that an embarrassing incident in her life not be re-enacted in Panavision. The release could say that certain incidents (e.g., a divorce) are not included in the release. Or the release could cover limited periods of the subject’s life (e.g., only those incidents that occurred before 1947).

Finally, the subject might have the right to determine screen notice. She could decide if the film will be billed as a true story or a dramatized account. Alternatively, she could decide whether real names are used for the characters.

Life Story Rights / Photo Credit: No Film School - Adrijana Lazarevic - Shutter Stock

WHAT IS A RIGHTS PURCHASE AGREEMENT? (In the Entertainment industry.)

Film Purchase Agreement / Photo Credit: Clinton M. Sandvick JD, PhD. - Wikihow

WHAT IS A RIGHTS PURCHASE AGREEMENT? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is a Rights Purchase Agreement?

Put simply, a rights purchase agreement provides for the purchase of all rights associated with a motion picture, not just the rights to purchase the script. However, these agreements can, and often are, limited to only certain rights and can exclude others.

Rights Purchase Agreement

A rights purchase agreement is used when a producer desires to purchase a script or story outright from a writer or other owner. Generally, these agreements are known as “Assignments of Rights” and often include the sale of “the sole and exclusive motion picture, television, photograph record, merchandising and commercial rights and all allied and ancillary rights, throughout the universe, in perpetuity.” Put simply, a rights purchase agreement provides for the purchase of all rights associated with a motion picture, not just the rights to purchase the script.

However, these agreements can, and often are, limited to only certain rights and can exclude others. Which rights are kept by the writer usually depend on the bargaining power of the writer and the desires of those purchasing the property? Rights purchase agreements are the broadest form of purchasing a property from a writer or other owner. They can be used to purchase anything from a movie script to a book to a short story and can be tailored to a myriad of purposes.

Film Purchase Agreement / Photo Credit: Clinton M. Sandvick JD, PhD. - Wikihow

WHAT IS A FILM OPTION AGREEMENT? (In the Entertainment industry.)

Option Agreement / Photo Credit: Medium

WHAT IS A FILM OPTION AGREEMENT? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What is a Film Option Agreement?

An Option Agreement is a contract that allows a producer or a studio to obtain the film rights to a writer's screenplay for a period of time with the goal of making it into a film. To the point, an option is a contractual agreement between a potential film producer (such as a movie studio, a production company, or an individual) and the author of source material, such as a book, play, or screenplay, for an exclusive, but temporary, right to purchase the screenplay, given the film producer lives up to the terms of the contract.

Option Agreement

An option agreement is a contractual agreement in which a producer buys the right to purchase a screenplay from a writer or other owner. Unlike the Rights Purchase Agreement, which is a flat-out purchase of a property, an option agreement is not actually the purchase of the right to use the screenplay. Instead, the producer purchases the “exclusive right to purchase” the screenplay at a later date, for instance, when the producer secures financing. Option agreements are usually used to put a property “on hold”, allotting the producer more time to conduct more research and to explore other avenues relating to the making of the film. Options are generally less expensive than Rights Purchase Agreements, as writers are often happy to get a few thousand dollars for their work.

Options are used often in Hollywood and it is far cheaper to option a screenplay than buy it from the onset. An option agreement is especially useful when a producer is unsure of whether their financing will come through. This is basically a way of hedging your bets in case financing does not come through as anticipated. In such an event, if you purchase the rights to the property outright, you might be forced to purchase a screenplay which cannot be made into a profitable motion picture. With an option agreement, on the other hand, even if you fail to secure financing, you can simply let the option expire and “cut your losses”.

Exclusivity

Film options are exclusive, usually for an initial period of 12–18 months. After the expiration date, the producer no longer has an exclusive right to buy the screenplay, and the writer can option it to a different producer. Most option agreements specify the prices of additional extensions (most commonly one extension, also for 12–18 months), should the producer be unable to put the movie together in the originally specified term, and choose to extend. The fee for the first option period is normally applicable to the option exercise price, while the fee for the extension (if exercised) typically is not applicable, though that is not always the case.

Options in Hollywood

Options are not expensive by the standards of Hollywood movies. For True Romance, Quentin Tarantino received US$50,000 to option his script. Many writers are happy to receive a few thousand dollars. Option contracts typically do specify the eventual cost of the screenplay, if the producer does end up exercising the option.

Since optioning a screenplay is far cheaper than buying it, options are very popular in Hollywood for speculative projects.

Option Agreement / Photo Credit: Medium

Saturday, September 7, 2019

WHAT ARE SOME INDIE FILM DISTRIBUTION RIGHTS? (In the Entertainment industry.)

Film Distribution / Photo Credit: Simon Dendere - Slide Player

WHAT ARE SOME INDIE FILM DISTRIBUTION RIGHTS? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

What are some Indie Film Distribution Rights?

Distribution deals tend to confuse and confound many filmmakers. While there are a lot of complicated places that revenue can get lost, the essence of distribution deals is quite simple. They’re essentially just parsing of different media rights to various territories around the world. However, given the Black Box that is the world film distribution, it’s often unclear how these rights get structured. So, with that, I thought it prudent to share some of the structure of these deals.

There are many new distribution options for the independent producer. The old media includes theatrical, broadcast/cable, home video; new media’s alphabet soup includes TVOD, SVOD, AVOD, EST, PPV, streaming and nontraditional theatrical. As new distribution channels develop, new distribution companies emerge. But not all distributors are effective in all mediums and markets. Just as you would not expect Netflix or Vimeo to release your work theatrically (Netflix’s recent self-originated productions to the contrary), you would not expect Gathr and Tugg to broadcast or cablecast your work. As a consequence of all these new distribution channels and the splitting up of rights in the works among multiple distributors, distribution contracts have changed and evolved.

Generally, these rights are broken up both by territory and by type. This post is by type, there will be a future post based on territory. Generally, you’ll need a very skilled Producer's Rep or a sales agent to sell these territories for you.

Distributors who are currently acquiring and releasing independent films and asked them a series of questions:

How long has your company been in business? HISTORY
How many titles do you acquire a year? TITLES PER YEAR
Of these titles, can you break down (even if a rough estimate) how many are theatrical vs how many are just digital? TYPES OF RELEASES
Do you take all rights? All territories? RIGHTS
Would you be willing to share a rough range for term length your contracts i.e. 1-5 years, 10-15 years. TERM
What do you look for when acquiring titles? WHAT WE’RE LOOKING FOR
How important is having name cast? CAST
Do existing social media numbers impact your decision? SOCIAL MEDIA
What festivals do you attend and consider strong markets for acquiring films? FESTIVALS
How many employees do you have? EMPLOYEES
How should filmmakers approach you? Do you take unsolicited submissions or do you only work with sales agents? SUBMISSIONS

Types of Distribution

Full Theatrical Release
Limited Theatrical - available for select films
Cable - Time Warner, Comcast, DirectTV, Dish
UHD/4K - Roku, MGo, Samsung, LG and other Smart TVs
Retail DVD/BluRay - Walmart, Target, Barnes & Noble, Best Buy, FYE, Amazon and many other Online retailers
PVOD (Paid Transactional) - iTunes, Vudu, PlayStation, Xbox, Amazon Instant Video, Google Play, FandangoNow, Hoopla, Vimeo
SVOD (Subscription) - Amazon Prime, Hulu Plus, YouTube Red, ConTV, Dove, Netflix (for films with names)
AVOD (Ad-supported) - Hulu, TubiTV, Docudrama
International Sales

Type 1: Theatrical

This should be fairly clear. Theatrical rights are for the rights to release in theaters. Again, this is usually done by territory. Producer’s Reps may help with this domestically, but you will generally need a sales agent to sell it internationally. You’ll also need a genre film with some good cast to get this out there.

Type 2: Home Video/DVD/Blu-Ray

Believe it or not, there is still a market for DVD and Blu-ray. A lot of it is international, but there are still major retailers like Wal-Mart, target, and occasionally Redbox. These are as they sound, and are most often sold to a sales agent who then sells them to wholesalers. There are also outlets that can help you self-distribute those rights; Ingram Entertainment will even allow you to sell to stores.

Type 3. PayTV

Pay TV is essentially Premium TV. These are places like HBO, Starz, Showtime, etc. These deals are generally exclusive, and will often also include an SVOD license. This is so that the network can include the offering on their associated SVOD platforms and extensions.

For instance, this allows HBO to put the content on HBO Go and HBO NOW. It also allows Starz to use the content on their Amazon extension and Showtime to show your work on Hulu. Starz also has Starz Play, which is their answer to HBO Now. It will be interesting to see where PayTV goes in the future.

Type 4. Cable/Network TV

As it would sound, Cable TV is for non-PayTV rights, and Network is for the major “Over the air” networks. These would be ABC, NBC, Fox, and CBS. Cable TV channels are very similar to Network TV but are more restricted in terms of content. That said, they are still often subject to some degree of censorship in the case of R- Rated movies, and are slightly less likely to seek SVOD rights, although many of them will still take that right.

Type 5. VOD

VOD stands for Video on Demand. There’s more than one type of Video on Demand Service, and each type has different providers. Here’s a very brief outline of what the different types of VOD are, and some samples as to the people who provide that service.

-PPVOD/TVOD

This stands for Pay Per Video on Demand, it's also known as TVOD, or Transactional VOD. This has largely replaced Pay Per View television rights and is generally the most accessible form of VOD. There are many platforms for PPVOD. I believe the most obvious would be iTunes, Google Play, Amazon/Createspace, and Vimeo On Demand.

However, that said, my favorite by far is VHX. I personally recommend them to all of my clients, and I use it myself for Producer Foundry They offer all the functionality of Vimeo on Demand, in a much more streamlined way with fewer fees and few caps. With VHX, you can even create your own SVOD network to grow your audience. Check them out here.

-SVOD

Subscription Video on Demand – [SVOD] is for VOD platforms that run on a subscription basis. This would be platforms like Netflix, Hulu Plus, Fandor, as well as extensions of PayTV and regular TV channels as mentioned above.

-ESP/Ancillary VOD

These are primarily independent ancillary VOD platforms. Ever order a film on the back of your seat on Virgin America or Atlantic? You just took part in an ESPVOD platform. Hotel Rights would also be considered under ancillary VOD rights.

Cable TV Producers often have their own PPVOD channels. These would be the ways that people could order a movie straight from your DirectTV or Xfinity TV platform. Generally, these would also be considered ESPVOD rights.

That said, sometimes there is some contention on these rights. Sometimes they’ll just be included in PPVOD rights, it’s important to clarify.

Film Distribution / Photo Credit: Simon Dendere - Slide Player

WHAT ARE SOME FILM DISTRIBUTION BASICS? (In the Entertainment industry.)

Raindance - The Home of Independent Film / Photo Credit: Raindance - Elliot Grove

WHAT ARE SOME FILM DISTRIBUTION BASICS? (In the Entertainment industry.)

Bruce Bisbey…please follow me at: https://dumbdogproductions.com/

https://dumbdogproductionsllc.blogspot.com or https://www.facebook.com/DumbDogProductionsLLC/ thank you.

10 Film Distribution Basics?

by Elliot Grove

Raindance

https://www.raindance.org/10-film-distribution-basics/

Filmmakers need to get a good, rock-solid understanding of how film distribution works. Successful filmmakers – and by that, I mean filmmakers who successfully recoup their budget and repay investors, are the ones who develop a distribution strategy before they embark on the filmmaking process, and sometimes before they write the script.

I have been meeting filmmakers, sales agents and distributors since 1993 at the Raindance Film Festival. In 2011, nearly 30% of the features or feature documentaries screened found a distribution deal following their festival screening. Although I am not privy to the fine details of their specific deals, I do have a pretty good idea how things are shaping up in a very competitive marketplace.

And though I am not a lawyer, I have grasped enough over time to know how distribution deals are structured.

Consider these 10 essential points filmmakers need to be aware of:

1. Forget the global deal. Split rights is where deals are at

Gone are the days when a major distributor would swoop down on your movie post Sundance, Toronto or Cannes and offer you a universal all-media buyout.

Sure, there are exceptions like Fox Searchlight’s acquiring Another Earth at Sundance 2011, but it would be a foolish person to make a film on the hope that a global deal will happen.

Commonplace are split rights deals, where distributors cherry pick territories and then decide which national rights they want. It could be they are interested only in TV, or DVD for example, leaving the other pieces of the distribution window to the producer to try to max out money-wise.

2. Getting your film into cinemas costs a fortune

Booking ad space in newspapers and magazines has become very costly. Add to that the cost of PR and social media assets the cost of a theatrical release starts to look like the budget of a small nation. Remember that the exhibitor (theatre owner) takes a fair whack, and the distribution company will take a third off the top, and the amount left in the pot from all those cinema admissions starts to shrivel. From the ‘profit’, the distributor then deducts the costs associated with the release.

Distributors aren’t in business to make a loss, so they commonly write in a cross-collateralization clause meaning they can offset theatrical losses against profits from other windows.

Why do a theatrical release for your film? The biggest asset is that a theatrical release guarantees critical notices in all the main newspapers in the country it has been released. This brings the film to the public’s attention, and creates an increased perceived value for the film when it is available in other formats, such as DVD or online streaming through a portal like Netflix, Lovefilm, or the excellent British service, Blinkbox.com.

3. Service deals can work

In a service deal, the filmmaker hires a specialist who takes over the distribution process for a fee. Preview screenings are set up for cinema booking agents and then specialists are booked. Advertising and publicity campaigns are designed and launched, and the money is returned to the filmmaker less the money spent.

Service deals can offer a greater amount of flexibility and control to the filmmaker. Essentially, the distributor is working for you. Generally, the more engaged and involved the filmmaker is in the campaign, the greater the rewards.

Remember that regardless of the film distribution deal you do, you will need to provide film Distribution Deliverable Essentials.

4. The Bigger the deal the less control you have

Dah. Of course. The bigger the company, the bigger the stakes.

If fortune places your darling, cute, sweetheart film into the arms of a big distribution company you will have to learn quickly how to dance to their tune. And if you don’t like how they are playing, you can pretty much forget about your voice, and very likely you will be totally ignored while the big boys decide how to best maximize the return on their investment. And if they don’t get it right by your books, and screw it all up, you can pretty much kiss your movie goodbye. They can re-cut, re-do the artwork, and basically do whatever they want without consulting you. Make sure your contract is very clear on what the approval process is for key marketing decisions.

Then cash the cheque and move on.

5. Cap Film Distribution Expenses

Any marketing campaign is expensive. If your deal calls for a split of profits after expenses, make very sure you have capped the expenses, or any profit will simply melt away.

6. The Cheque is in the post

Money from your film can take an infuriatingly long time to arrive. For your much-lauded theatrical release, don’t forget that the distributor has to wait to get the money from the exhibitor (theatre owner). From DVD sales the wait is even longer. Delays of 12 and even 15 months are not uncommon. This is because retailers often place a holdback on cash owing to account for unsold items.

For digital sales to the likes of Lovefilm and Netflix – remember that reporting to filmmakers is virtually non-existent. Once you have piqued their interest to the point that they want your baby, it would be prudent to expect nothing more than the initial license fee they offer you. and that often can be very small. London filmmaker Chris Jones was offered $75.00 for each of his first 2 award winning features. Read What Your Film Is Really Worth to Lovefilm.

7. Beware the middleman

Certain middlemen exist to represent slates of films by newcomers on the premise that they have an excellent filtering process through which they cherry pick the best of the new, raw, undiscovered talent to prospective distributors.

This becomes much more formal in the digital world. These middlemen, or aggregators, perform two functions. They prep your film for digital distribution, encoding it into a wide variety of CODECs for everything from PlayStation to mobile phones to web viewing. Then they do the actual selling to large platforms like iTunes and Netflix. They charge additional fees for this, and the filmmaker can end up with a fraction of the total revenue once the platform and the aggregator have taken their whack.

As the large platforms only deal with a small number of aggregators, you are pretty much stuffed. Do watch out for this: some aggregators and platforms try to get exclusive contracts. Signing anything BUT a non-exclusive contract would be, in my opinion, pretty dumb.

Also, be wary of aggregators who do not have direct links with distributors – but rather submit to another larger aggregator meaning another layer of fees.

8. Nothing can be guaranteed

All relationships in life grow and develop (or disintegrate). A wise filmmaker will often sign a distribution deal in which the filmmaker can leave the distributor if a certain minimal revenue stream has not been reached. It is also common to draft into your distribution agreement a void clause should your film not be released within a certain time frame.

9. R.O.I. and all that

All films have a revenue potential. The trick is to understand what the revenue potential for your film is, and then make your film for less than the amount you expect to earn. Get good at this, and potential investors will start to trust your acumen and start investing in your next project.

10. Network like mad

It’s a small industry, and it’s a people industry. The more you network with fellow filmmakers, the more you will learn about the industry and the good ‘uns and the bad ‘uns.

And, of course, the more you will learn about my next bug bear – film Distribution Deliverable Essentials...

Fade Out

Don’t let this lengthy list overwhelm you. It’s all part of the craft. And remember, to get really good at anything in life, sometimes you need to do what you don’t like doing.

Happy hunting!

Elliot Grove

Raindance - The Home of Independent Film / Photo Credit: Raindance - Elliot Grove