by Gus | Jan 9, 2015 | Marketing Tips, Marketing Tips - Films
Once are ready to approach distributors, how do you know what to expect based on your type of film?
First, decide what is realistic for your film, aside from making the best presentation you can with your trailer, screener, synopsis, and press materials. In general, if you have a low-budget independent film with no names, you can expect many distributors not to be interested, or only interested in non-theatrical outlets, unless you have a very unique project with strong production values and have gotten a lot of interest through a PR campaign. This is where any showing at a top tier festival or a string of awards at other festivals can help you land a top distributor. There are a small number of films that have risen above the pack by standing out in some way, such as The Blair Witch Project or Paranormal Activity. But these are the one in a million breakthroughs.
As much as you may want a theatrical release because of the added attention and prestige it brings to distributing a film through other channels, it is often not the best approach for most low-budget films. That’s because of the high costs of such a release and the lack of financial return from most theatrical showings, unless there is a big box office success, since there is a low return for each ticket sold. The theater owner typically takes at least 50% and sometimes up to 75% when the film is first shown until it makes a certain amount. So you may not make back the expenses for the release. The main value of the theatrical release is that it’s like a promotional loss leader at a retail store to get customers into the store where they’ll buy more. As such, it helps to create more interest for viewers to buy or rent the video or look for it on Netflix or other outlets, including your website for DVD sales. But the release can be economically unfeasible. And some low-budget genre films, such as horror, suspense/thrillers, and action adventure films, don’t normally get a theatrical release – they go straight to DVD, streaming, downloads, foreign, or other types of sales.
Secondly, when you contact distributors about your film, whether in person, by phone, or email, don’t put information about the stars or budget up front, unless you have at least one name star and a budget of $1 million or more. One good approach is to initially tell distributors about the genre and logline to see if the subject is of interest. If so, briefly describe the highlights of the film, such as the major plot points and any press coverage, awards, or large following you have gotten. If you do have a big name attached, put that front and center, and if the budget is over a million, you might showcase that. Otherwise, it’s best not to state the budget until a potential distributor has expressed interest, and if it’s a very low budget, just say it’s under $200,000.
Typically, once the distributor has some initial interest after learning about the project and possibly seeing a trailer, one of the first things they will ask is “Are there any names?” and “What is the budget?” – the questions that most distributors asked me when I pitched them SUICIDE PARTY: SAVE DAVE. Besides asking for this information, distributors will want to see the screener to decide if they still want to distribute the film. Though they don’t ask for this, when you send the screener, it’s best to include it in a box with compelling art work and other information about the film in a press kit, which can often be online as an electronic press kit. When your screener and promotional materials are ready, either mail the kit or send the link, which is what we did for SUICIDE PARTY: SAVE DAVE. Having this professional looking box for your screener is very important. Don’t send your screener in a plain disk cover, which looks tacky and can be a big turnoff. As for what to include in your press kit, I’ll discuss that in a future article.
Do not reveal the actual budget if it’s a very low one, because that can turn off a distributor. Stories like El Mariachi, who has claimed having a $7000 budget for a film that became a multi-million dollar box office success story, are the exception to the rule. And even if you made your film for a very low amount, say $5000 to $25,000, there may be deferred or work for credits deals with the cast and crew that if paid up front would make your budget much more. There might even be specials on locations and equipment used in the film, so you got them for no money or a super low price, but they are worth much more. For example, if you factor in the real value of the work of the cast and crew, the house used as a shooting set, and the cameras and sound equipment used for filming, you might find your budget was actually around $250,000, whereas you paid only $25,000 up front. So in talking to prospective distributors, use that higher number. Later, after you have gotten your deal and gained success for your film, you can talk about the real budget, which can make a great story to get you more press for your film. But initially, a distributor is apt to feel a very low-budget film isn’t going to be very successful and not want to distribute your film.
In deciding on a realistic distribution approach for your film, consider whether you hope for a theatrical deal or not. While a traditional theatrical deal, such as a studio pickup, might not work given the type of film, lack of names, lack of a following, and lack of budget to cover P&A, you might consider a limited roll-out approach. That could lead to future theatrical distribution as well as helping you distribute in other channels, because of the prestige and press value of opening in a theater. This is what some independents do — a “platform” roll-out, where the film is first shown in one or a few theaters. If it does well and gathers press and distributor interest, it expands to additional theaters, or it could be picked up after the opening by a distributor or studio for additional theatrical distribution. Should you go this route, you often have to pay for the theater and local advertising and promotion, commonly about $5000-15,000 for a week’s run, with the cost depending on the theater, location, and any travel expenses for you and/or others from the film to be there for the screening and doing any advance marketing to build the audience. However, it’s best to only go this route if your film is unique in some way, and you have a budget to support a theatrical showing, so it stands out in a crowded marketplace. Otherwise it’s best to skip a theatrical release.
If you decide not to pursue theatrical screenings, let the distributor know you aren’t expecting this, unless the distributor can make a strong case of why to go theatrical. And even if you arrange for a showing in one or a handful of selected theaters, this still might not mean you are seeking a wider theatrical release. Another reason for having a small number of screenings in theaters is to get some press coverage you can use to support distribution in other channels. These showings could also be a way to build your following on the social media, such as LinkedIn, Facebook, or Twitter, to see your film. Also, you might invite prospective distributors to see your film in a private or public screening, in lieu of or before getting a screener, such as one client who invited several hundred distributors to two showings she arranged for in New York. Should you decide not to go theatrical, look for distributors who are strong in other types of distribution.
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Gini Graham Scott, PhD, is the author of over 50 books with major publishers, including two on films: HOW TO WRITE, PRODUCE, AND DIRECT A LOW-BUDGET SHORT FILM and FINDING FUNDS FOR YOUR FILM OR TV PROJECT. She has written and produced over 50 short films, has written 15 feature scripts, and has one feature she wrote and executive produced to be released in February 2015. She also writes scripts for clients, is Creative Director for Publishers Agents & Films (www.publishersagentsandfilms.com), and has several book and film industry Meetup groups which discuss members’ books and films and help them get published or produced.
by Gus | Jan 7, 2015 | Marketing Tips, Marketing Tips - Films
Now that you are set up for assessing interested distributors and foreign sales agents (which I’ll often call distributors now for convenience), how do you find them to get them interested and assess the best ones for you?
The main ways to find and connect with them include the following:
– Go to film markets, such as the American Film Market, and meet with exhibitors or obtain their names from a list of distributors and phone or email them after the market, since most of the exhibitors are the biggest distributors or sales agents. The other major film markets, according to an article “Top 14 Film Markets” by Minhae Shim in Independent’s Guide to Film Distribution include Hot Docs, held in Toronto, Canada; the Independent Film Week/Project Forum in New York City; INPUT (International Public Service Television Screening Conference); the National Media Market, in Charleston, South Carolina, and NATPE (National Association of Television Executives) held in Miami. The other major film markets are outside the US and Canada – CineMart in the Netherlands, the European Film Market in Berlin, the Hong King International Film and TV Market, the Marche du Films and MIPTV in Cannes, and TIFFCOM (Tokyo International Film Festival Content Market).
Most realistically, the one to go to is the American Film Market, held in Santa Monica in early November. I attended it several years ago, and have since obtained information on the exhibitors who are listed publically, and I am now a member of the AFM365, which provides a way to contact other attendees during and after the festival for the following year. If you go to this festival, you can get a pass for the whole festival for $795 or for the last 3 days for $295. Either pass will enable you to go to the showrooms, where you can meet distributors, though most filmmakers on a low budget buy the 3 day pass and hang out in the lobby on other days to meet people who are there. You have the best opportunity to meet exhibitors on the last three days, since on the first four days, they are focused on speaking to buyers and making deals to sell their films. If you have a packaged screener, it is best to set up meetings with distributors in advance, although you can also go to their showrooms when they aren’t busy. If they are interested, you can leave your screener and any press materials with them, or get their business cards or other contact information and send the screener later. If you don’t yet have a screener, simply introduce yourself and get their business card or flyers with contact information for follow-up later. And even if you only get their contact information because they are too busy to see them, that’s fine, since you can contact them later by phone or email.
However, don’t expect to make any deals at the AFM or other film markets. Unless you have big names attached, the distributor will want to see your screener first.
– Go to conferences, workshops, and panels which feature distributors and sales agents. This can be a way to personally meet a few of the speakers and panelists who are distributors or can refer you to them. You probably will only be able to say hello and maybe ask a question or two. But get the contact information for later follow-up once you have a screener ready, and in your follow-up, mention that you have met the person at the event you attended. In some cases, conferences and workshops will provide attendees with a directory of distributors, such as a film funding conference I attended several years ago in Los Angeles which was put on by the Independent Film Forum. Whether you meet a distributor personally or get their name from a directory at the event, it’s generally best to send a query letter or call first rather than sending in the screener and any press materials unless requested to do so, since different distributors have different procedures for requesting material. Tell them what you have to send them, and they can tell you what to do next.
– Research the names of distributors in different directories and industry listings. Doing this research can be a time-consuming process, but much of this information is available for free or at a low cost. Here are just some of the lists of distributors that are available:
– Independent Filmmakers Showcase’s “Independent Film Distributors List”
(http://www.ifsfilm.com/Resources/Distributors.php)
– Video University’s “Video and Film Distributors”
(http://www.videouniversity.com/directories/video-and-film-distributors)
– Indiewire’s “Guide to Distributors at Sundance 2014”
(http://www.indiewire.com/article/distributors-guide-to-sundance-2014)
– The Numbers “Market Share for Each Distributor 1995-2014”
(http://www.the-numbers.com/market/distributors)
– Film Journal’s “Distribution Guide” to Domestic and International Companies
(http://directories.vnuemedia.com/fjiguides/distguide)
– Insider’s Guide to Film Distribution, edited by Minhae Shim, Erin Trahan, and
Michele Meek, Independent Media Productions, Cambridge, MA.
– The Producer’s Insider Guide to Selling Films – Film Distributors Directory by
Amemimo Publishing.
If you put “film distribution directories” in Google search, you’ll find even more. You can use these directories to find distributors for your type of film. Then, write to them about your film and ask if they want to see a screener. If they are interested, send it and go from there.
– Use a query service to send a query for you to distributors. Instead of doing all of the research to create a list of distributors to contact yourself, you might use a query service, such as Publishers, Agents & Films (www.publishersagentsandfilms.com), since it has already done this research for you and can send out a query to 1000 plus distributors, including AFM exhibitors for the past two years. The advantage of using this service is the company has gone through all of these directories and created an email list, so you don’t have to spend the 20 or more hours to create your own list. Plus the query goes out under your email using their special software, so the responses go directly to you, and they help you write a good query letter.
That’s what we did in distributing SUICIDE PARTY: SAVE DAVE, and 20 distributors expressed interest after our initial query with a link to the trailer. Then, we will send another query once the screener is ready to follow-up with those who have already expressed interest as well as to others, since they may be interested now. Some other filmmakers used this service several times to invite distributors to a series of showings they set up for private screenings in Manhattan.
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Gini Graham Scott, PhD, is the author of over 50 books with major publishers, including two on films: HOW TO WRITE, PRODUCE, AND DIRECT A LOW-BUDGET SHORT FILM and FINDING FUNDS FOR YOUR FILM OR TV PROJECT. She has written and produced over 50 short films, has written 15 feature scripts, and has one feature she wrote and executive produced to be released in February 2015. She also writes scripts for clients, is Creative Director for Publishers Agents & Films (www.publishersagentsandfilms.com), and has several book and film industry Meetup groups which discuss members’ books and films and help them get published or produced.
by Gus | Jan 7, 2015 | Marketing Tips, Marketing Tips - Films
Once you know the different players in the distribution space and the different possible channels of distribution, the next step is creating your distribution plan. To this end, consider the audience for your film, the size of this audience, and how to best reach them. Also, consider the realistic potential of your film and its likely appeal to a distributor or festival audience, so you don’t let your dreams of great success overwhelm a realistic assessment of what your film is likely to do in the marketplace.
Additionally, consider the cost of different types of distribution or entering certain festivals to seek distribution, such as the P&A (promotion and advertising) costs for a theatrical release or entry fees for festivals, along with travel expenses if you win and want to attend. Such expenses are in addition to the expenses for deliverables that every distributor and sales agent will want if they take your film, such as creating different digital and DVD formats for distribution, along with preparing DVD covers and cover art, posters, press releases, and more.
Some people may think, “Oh, I’m just going to crowdfund for the additional money I need,” and that approach can be fine for many films, most notably those that already have a fan base of friends, family, and supporters, so you can raise at least 25-30% of the needed funds from this inner circle. But if your circle is largely composed of other filmmakers, who are seeking to raise money for their own films, hoping for funds from them may be unrealistic, as may be gaining the funds from strangers contributing to your campaign. Moreover, the crowdfunding space has become very crowded these days, with so many people thinking they can gain the money they need this way. But the stats from crowdfunding sites tell a different story – only about 40% of Kickstarter projects get funded, and only about 13% of Indiegogo projects reach their goal, although they may get some funds along the way. Further, you have to factor in the cost of commissions and payment fees on whatever money you raise (about 8-15%), as well as the cost of the perks you are providing to funders. So often it may not be realistic to expect to fund your film through crowdfunding, though some projects do succeed or gain a major proportion of their film’s budget this way.
Secondly, be realistic about what film festivals you can get into, and whether it’s worth waiting to first build up your platform through festival showings and awards in order to seek a better distribution deal than you might get before entering the festivals. Often at my Film Exchange Programs and other film events, I have heard filmmakers who are completing or have just completed their first film say with perfect confidence that “We thought we’d start by showing the film at Sundance” or fill in the name of any of the top film festivals. However, the reality is that you have low odds of getting into these top festivals. For example, Sundance averages 5000 plus submissions for about 200 slots, and in most festivals, the festival staff and directors are apt to give priority consideration to filmmakers they know or to films with big names that bring prestige to the festival. So that leaves about 10-15% of the slots available for new filmmakers, and if you have a low-budget film with no names, you are unlikely to get in.
Even if you do get into one of the big festivals, where distributors go, such as Sundance, Toronto, and Cannes, to get a distributor to see your film, you need to build up excitement about your film in advance. And that usually requires hiring a publicist to promote your film, which costs several thousand dollars. Plus even getting into a top festival doesn’t guarantee you will get a distributor, since the distributors only pick up a handful of films at these festivals. It can help you get a distributor if you can build up enough excitement to get distributors to go to the first showing at a festival, since that’s where more of the deals get done, while a smaller number of distributors commonly show up at later showings. Yet, even if the distributors see your film, there are no guarantees that a festival launch will result in a distribution deal. Thus, with a low budget no name film it can be especially unrealistic to consider getting into the big festivals, and even if you do, you might still not get a distributor. Moreover, with these long odds, you have to wait before releasing your film anywhere else, so you can premiere it at the festival.
What might be more realistic is entering the second and third tier festivals, where you don’t have to premiere, either before or after you get a distributor or obtain multiple distributors for different channels and territories. Your odds of getting into these smaller festivals are greater, especially if the film’s director or top cast or crew personally know the festival director or staff members. Then, you can use that acceptance and any awards to help build your film and company’s platform, and you can incorporate those awards into your press releases or query letters to the media to increase your chances of getting a distributor or press coverage – or getting into more festivals.
As to whether to enter and publicize any festivals where you are accepted or win awards before or after you get a distributor, either is fine. If you don’t already have a distributor, inform the distributors considering your film about any festival acceptances and awards, which might help you get a distributor or sales agent. Attaining a number of festival showings and awards might also give you more leverage to get a better distributor with more clout or obtain an even better deal. Alternatively, if you already have a distributor or sales agent, any festival acceptances and awards can help them market and publicize your film.
One way to decide whether to line up distribution before or after the festival or start with some distributors and get more afterwards for different channels or territories is to approach distributors and agents before the festivals. Then, you can decide what to do, based on the number of offers you get before the festival and the quality of these distributors and agents. If you have an offer from one or more good distributors and agents, great! You can make some decisions in advance and use your festival participation and any awards to support your distributors and agents. Or you can delay your decision until after the festival if you aren’t sure and hope to find other distributors or get a better deal through your festival participation.
As an example, that’s what we have been doing with SUICIDE PARTY: SAVE DAVE. Once the trailer was available for viewing on YouTube, I did a mailing to invite about 1000 distributors, sales agents, and AFM exhibitors using the query service, Publishers Agents and Films (www.publishersagentsandfilms.com) to tell them about the film and invite them to view the trailer and let me know if they were still interested in distributing the film. About 20 distributors and agents expressed interest, though they wanted to see the screener first – which is typical, unless you have big names in your film. Then, the director and I researched the background of each prospective distributor and agent on IMDB and other sources to see how many films they had previously distributed and how these films had done. Probably, if we have a reasonably good deal from the best of these distributors, we will at least sign some distributors or agents for some territories and channels. But if we aren’t satisfied with these distributors’ or their offers, we will go to some festivals and decide among the interested distributors and sales agents after the festival.
Likewise, you can work on getting distribution before or after these festivals. Just be realistic about what kind of deal and distributor or sales agent you might expect for your film, so your dreams don’t outpace a likely distribution scenario.
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Gini Graham Scott, PhD, is the author of over 50 books with major publishers, including two on films: HOW TO WRITE, PRODUCE, AND DIRECT A LOW-BUDGET SHORT FILM and FINDING FUNDS FOR YOUR FILM OR TV PROJECT. She has written and produced over 50 short films, has written 15 feature scripts, and has one feature she wrote and executive produced to be released in February 2015. She also writes scripts for clients, is Creative Director for Publishers Agents & Films (www.publishersagentsandfilms.com), and has several book and film industry Meetup groups which discuss members’ books and films and help them get published or produced.
by Gus | Dec 25, 2014 | Marketing Tips, Marketing Tips - Films
Today, there are more channels than ever for distributing your film. Since many distributors specialize in certain channels, you may want to consider dividing up the distribution among different distributors, as long as their territories don’t overlap if you have exclusive deals. In other cases, distributors will ask for all rights in all channels within a certain market, such as domestic (US and Canada), foreign (all countries outside of the U.S. and Canada, or certain countries or regions), or worldwide.
Thus, it can become very confusing to sort through who wants what channels in what territories, besides looking at the range of deals offered in terms of percentage split, types of deliverables required, such as DVDs and digital files, and the amount of money needed from you, if any, for P&A (promotion and advertising), or whether you will get any upfront money on signing the deal (which is generally no if you don’t have any recognizable names in your film).
One way to help sort through the varying offers is to create a matrix where you list the required and desired channels for each distributor, along with the territories required and desired. Your matrix might look something like this:
Across the top: All Channels, Theatrical, Home Video, DVD, and so on.
On the side: Worldwide, Domestic, All Foreign, Latin America, Eastern Europe, Asia, etc.
Then, in each box, list the name of the distributor who has expressed interest in that channel and territory, and note if the distributor requires (R) or desires (D) that channel and territory for the deal. You can also indicate of the distributor wants an exclusive (E) or non-exclusive (N).
As you get expressions of interest from different distributors, you can enter their name in the matrix. Also, review their track record and offers. As you do, you can rate the distributors to create a priority list (such as ranking them from #1 to #5, with the top rank being #1, or rating them from 1 to 10, where the higher the number, the more you like them). Use whichever system you prefer – a ranking or rating system. Then, put that number in the box for each distributor listed, along with whether this channel is required or desired and whether the distributor wants an exclusive or non-exclusive. The result should look something like this for one box: Distributor Smith. #1, R, E; Distributor Jones, #3, D, N.
In making these deals, you will commonly retain the direct sales rights, which means you can sell DVDs from your websites and at screenings, and often you may have the right to sell downloads and streams from your site, unless the distributor wants to restrict such sales. Ideally, it’s best to retain direct sales rights, because you will have a greater profit margin, a faster payment, and don’t have to split your income from these sales with a middleman; you only have to pay the manufacturing and fulfilment costs. Also, by retaining direct sales rights, you can sell other products if you have merchandise associated with your film, such as T-shirts, hats, posters, mugs, soundtrack albums, or a book based on your film. Plus you can sell related products from others that might appeal to your audience, such as books and DVDs, which you buy at wholesale and sell retail. But if you aren’t set up to handle sales and fulfillment yourself, it may not make sense to keep these rights if the distributor wants to do this and give you a share of the proceeds.
According to Peter Broderick, author of “The Twelve Principles of Hybrid Distribution,” in a recently published book: Independent’s Guide to Film Distribution, the major channels of domestic and international distribution can be listed as follows:
Domestic: Festivals, Theatrical, Semi-Theatrical and Nontheatrical, Cable VOD, SVOD, Television, Direct DVD, Retail DVD, Direct Digital, Retail Digital, Educational, and Home Video.
International: Festivals, Television, Direct DVD, Retail DVD, Direct Digital, and Retail Digital, and occasionally Theatrical and Educational Distribution.
Splitting up the rights among different distributors handling different markets can be complicated and time consuming when you get a number of offers to consider. But an advantage to splitting the rights is that you can get better distribution when different distributors are especially strong in a particular channel or channels, so you can have another distributor handle those channels where another distributor is weak. Then, too, as Broderick notes, this approach avoids cross-collateralization, whereby the expenses from one area of distribution are applied against revenues from other areas of distribution.
Also, in splitting up rights, decide if there are certain areas where you want to retain the distribution rights, because you feel you can successfully handle that type of distribution on your own, such as contacting the educational market or selling direct DVDs or digital copies from your own website or from a dedicated site for the film.
In assessing the distributors for different channels, find out which channels they handle well by asking about their track record. That can help you decide which distributor would be best in handling a certain channel. Also, as possible limit not only granting an exclusive, but the term of distribution and the level of performance expected, so you can assess how well the distributor is doing with your film during a certain time period (such as 6 months or a year). Then, if the distributor is doing well, great; you can mutually renew the agreement. If not, you are not stuck in an agreement, and you can either end the contract at the end of the term or for non-performance. These agreements can get complicated, so do have an attorney or someone familiar with distribution agreements review them and make suggestions about what to add or change, as necessary.
Finally, be careful that the rights you give to different distributors for different channels don’t conflict, but are complementary, and that the rights given to a distributor for different channels and territories don’t restrict you from making deals for other channels or territories. Ideally, make all the deals at the same time and try to keep them to the same term, so you can better keep track of when deals expire or are up for renewals.
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Gini Graham Scott, PhD, is the author of over 50 books with major publishers, including two on writing and publishing books: FIND PUBLISHERS AND AGENTS AND GET PUBLISHED and SELL YOUR BOOK, SCRIPT, OR COLUMN. She has written and produced over 50 short films, has written 15 scripts for features, and has one feature film she wrote and executive produced scheduled for release in February 2015. She also writes scripts for clients, is Creative Director for Publishers Agents & Films (www.publishersagentsandfilms.com), and has several book and film industry Meetup groups which have meetings to discuss members’ books and films and help them get published or produced.
by Gus | Dec 25, 2014 | Marketing Tips, Marketing Tips - Books, Marketing Tips - Films
One issue that frequently comes up in workshops or online forums is whether you need a copyright for your film or book. Occasionally people ask if they can use what is sometimes called the “poor man’s copyright,” where you send yourself your material in a sealed envelope, so you can later prove that you wrote it when you did.
First, the “poor man’s copyright” is perfectly useless. It is a myth that makes the rounds from time to time, usually because someone has just heard about it from someone else and wants to find out if it is true. Well, it isn’t. At best it might establish a date of mailing. But there are so many loopholes in that mailing to make a proof of anything problematic. A big problem is that one can easily steam open an envelope or mail an unsealed or empty envelope to oneself, and then put the document in the envelope and seal it up after the unsealed or empty envelope comes back in the mail.
Another misconception is that you need to formally register a copyright with the U.S. Copyright Office in order to have a copyright. But you actually have a copyright from the date of creation once you write your book, script, article, proposal, or anything else. You are similarly covered by a copyright when you draw something, compose music, record a song, or otherwise create anything and record it in written, visual, or aural form, though you can’t copyright an idea or title. A title might be covered by trademark, if you are using it or intend to use it; but that’s a more complex subject, since you can choose from multiple categories in which to register a trademark, and you can run into complications when you use a trademark in one geographic area and another person creates the same or similar mark in a different geographic area, depending on what categories you each are claiming. But for all practical purposes, if you write a book, book proposal, script or other written materials with hopes to get it published or produced, you are dealing with copyright law and the Copyright Office in Washington, D.C.
So essentially the question you are really asking is: “Should you ‘register’ a copyright?” with the U.S. copyright office. If you are writing a script, there is also a possibility of registering it with the WGA, either in Los Angeles or New York, though most register it in Los Angeles, and some producers and agents/managers may ask you to do this. However, that’s not the same as registering a copyright with the government; a WGA registration is more like just putting it on a list that establishes your date of conception, and then you have to renew the WGA registration every 5 years if you register it in L.A., every 10 years if you register in New York.
By contrast, registering a work with the Copyright Office gives you a registered copyright as of the day of registration. The most efficient and economical way to do this is to register online, which is currently only $35 for an individual copyright, meaning just one item is being copyrighted by one author. If there are more authors or this is a combined registration of different properties, it is $55 to register online. It costs more to go the old fashioned postal mail route — $85 — and it will take 2 months or more to get your registration. Ideally, go through the online system, where you pay and are walked through a step by step process to answer each question about the name of the author, date of registration, and other data. Then, your answers are entered into the copyright form which goes to you.
The costs can mount up if you have multiple items you want to register, so you might consider whether a copyright is really necessary. Take into consideration the fact that a copyright gives you the right to pursue your rights online or in court, but you have to take any actions to enforce your copyright, which can be time consuming and expensive. For example, the most cost effective way of using a registered copyright is to prevent someone else using your material online, such as by sending this information to the offending website owner or to a web hosting company which is hosting a website with your copyrighted material. You just send a take-down notice with evidence of your copyright, and normally the hosting company will take it down if the website owner doesn’t.
However, it is very expensive to take any legal action in court to enforce a copyright, so a registration won’t be of much use if you are seeking compensation from someone who has improperly posted your material online and they don’t have any money. But if you wait, maybe they will or they may arrange for someone else to use your material – at which time, you can inform them that you own the copyright and you aren’t giving your permission without a just compensation, whereupon you can negotiate the terms with them if they willing to do anything. Otherwise, you have the basis for taking them to court and claiming statutory damages, which may lead them to drop your material or seek an agreement from you.
In general, given the expense and limitations of a copyright, it is not necessary to register the copyright for a proposal or manuscript. The situation is different if you self-publish a book or if a traditional publisher publishes it and normally assigns the copyright to you. In this case, the publisher will generally take care of filing for the copyright in your name. If not, it is a good idea to file for copyright yourself, especially if you feel the book has a good commercial value for a general audience, since there is more risk of someone using your material or even filing a registration on a copy of your work.
Otherwise, if your work is unpublished, it may not be worth the time and expense, since publishers and agents are unlikely to use your material without you, since a key interest is in having you as the author be front and center to promote it. And normally there isn’t the kind of money in a published book as there is in a produced film or a recorded song. So with a book, unless it just makes you uncomfortable to not register a copyright, I feel it isn’t necessary – especially if you have written many books, because of the high cost involved. And even if you self-publish a book, it may not be necessary to register a copyright, especially if you have published multiple books, making it expensive, since most self-published books average about 150 copies in sales, and if someone pirates your book, it probably doesn’t matter whether your book’s copyright is registered or not, since it is unlikely you can do much more than send a take-down notice to the multiple sites offering free copies of your book and hope they take it down. But if they don’t, it’s not normally cost-effective to try to pursue matters any further.
Likewise, if you write articles it is not necessary to copyright each one, especially when you are making the articles available for free. Just use them for promotional value, though if you combine the articles together into a book and self-publish it, you might get the copyright then.
By contrast, if you complete a script, treatment, or TV series or show proposal, it is a good idea to register a copyright, whether or not you have sought a WGA listing. Many producers for their own protection will want you to have a registered copyright, and often any NDA document they ask you to sign will have some language about your having only the protection that resides in what you have copyrighted and not to any similar ideas they might have developed in house or which they obtained from another writer or other party.
Another reason for registering a copyright in the film world is because it is so competitive, and sometimes, if a script reader sees the potential in your idea, it could be shared with others, though it might undergo some further changes in the script. Then you could be out of the loop, although a registered copyright will make it more likely for you to be involved in the project going forward. Or it could lead to a payoff to get the previously stated rights under the agreement signed over from you.
In sum, in the case of books and articles, it is generally not necessary to get a copyright unless you have high hopes for a large commercial sale or are willing to pursue take-down notices or a court case against someone who copies and sells your book and has the money to collect if you win. But if you write a script, TV series or show proposal, or treatment, do get your material registered, since you will often need it to even get your script considered by producers, agents, managers, or others in the film industry.
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Gini Graham Scott, PhD, is the author of over 50 books with major publishers, including two on writing and publishing books: FIND PUBLISHERS AND AGENTS AND GET PUBLISHED and SELL YOUR BOOK, SCRIPT, OR COLUMN. She has written and produced over 50 short films, has written 15 scripts for features, and has one feature film SUICIDE PARTY: SAVE DAVE, which she wrote and executive produced, scheduled for release in February 2015. She also writes scripts for clients, is Creative Director for Publishers Agents & Films (www.publishersagentsandfilms.com), and has several book and film industry Meetup groups which have meetings to discuss members’ books and films and help them get published or produced.
by Gus | Dec 16, 2014 | Marketing Tips, Marketing Tips - Films
I’ve recently started thinking about how to best distribute a film, since I have been looking for distribution for my first feature film: SUICIDE PARTY: SAVE DAVE. This is the first of a series of posts which describes what I have learned is the best strategy and what to expect in the offers you get, so you can get the best deal possible, based on what’s realistic for your film. I’ll discuss both DYI (do your own) distribution if you can’t find a distributor, as well as different tracks to consider in distributing your film through different channels. Eventually, these posts will be collected together to create a book on DISTRIBUTING YOUR FILM.
First, know the major players in the film distribution space. The ones to contact depend on what your goals are for your film, such as whether you feel you have a film that merits theatrical distribution, or you want to focus on distribution in other markets. These major players include studio distributors, independent distributors, producer’s reps, and sales reps.
The studio distributors are largely out of the picture for independent films, unless you have a big breakthrough at one of the top film festivals where the big distributors go (Sundance, Toronto, and Cannes, and secondarily Tribeca, and maybe Berlin and Venice, plus some distributors go to South by Southwest. Such a film breakthrough requires not only being shown, but also creating an exciting talk or buzz about your film with an advance media build-up. Moreover, if you are aiming for the big festivals, you have to premier there, which means waiting to find out if you are accepted before you can submit to other festivals. However, the likelihood of acceptance is very small unless you have personal connections, since not only do the big festivals select a small number of films from thousands of submissions, but generally the vast majority – perhaps 85-90% — of those accepted come from personal connections with the festival director or staff, leaving only about 10-15% to be accepted on their own merits. Then if you are accepted, you still have to create that exciting buzz for your film to actually get a deal besides simply showing at a big festival. In short, for most indie filmmakers, a studio distribution deal is unlikely, though possible, should you later develop a great deal of excitement, so the studio distributors want to take a look at your project.
Then, there are the independent distributors, who come in all flavors. There are some who handle theatrical distribution, ranging from those who handle one or two films – generally their own films — to those handling a half-dozen or more. Many of these distributors will also handle distribution in other channels, such as to home video, cable, and foreign sales. Then there are many distributors who eschew theatrical for distribution in other channels.
Often if you want to seek a theatrical release, you will need a budget for P&A, which means promotion and advertising, along with the costs of any files, DVDs, posters, and local advertising, which you need for each theater, which can add up to $5000-10,000 or more per city, though normally you don’t pay the distributor. Rather, you typically make a split of the income arrangement, which is commonly 35-50%, though more often a 50-50 split, and in some cases, a distributor who wants your film enough will advance the P&A.
Some distributors may additionally ask you to have E&O insurance, which refers to “Errors” and “Omissions.” Even though your film is already produced, some distributors may still ask for this, just in case, such as one distributor interested in SUICIDE PARTY: SAVE DAVE explained to me. “Maybe a scene in the film might show a store or company in the background, and they object to the way they are portrayed. So this could trigger a request for a recut of the film or a lawsuit, but your E&O insurance would cover this.” On the other hand, most distributors I spoke to didn’t require this.
While some distributors will ask for worldwide rights, others just want domestic (which includes Canada as well as the U.S.), and some specialize in foreign. So everything is negotiable including what markets a distributor will handle, the percentage split, and how much P&A budget you will need if any.
Another major player is the producer’s rep. This is essentially a middleman who contacts distributors and foreign sales agents on your behalf and negotiates a deal for you. Commonly these reps handle a slate of films for different producers, generally about 5 to 20 other films, depending on the size of the rep’s company. Commonly the rep get 5-10% of the deal, occasionally 15%, depending on what they do. However, the reps should not take any upfront money from you, though some may ask for this. But they should only get an upfront payment if they are doing extra work, such as writing releases and creating posters for you.
According to Ben Yennie, a producer’s rep in San Francisco and the author of The Guerrilla Rep: American Film Market Distribution Success on No Budget, a good producer’s rep can help filmmakers connect with distributors and foreign sales agents, since they have built relationships with them. They can help you get a faster response from them, as well as assess and select the best ones to work with, since they better know the market. They can also evaluate the different offers and handle the negotiations for you, which can result in a better deal for the film. Additionally, they can help you get into the bigger film festivals if they know the director or staff member. However, Yennie cautions that a lot of reps are ineffective and don’t deliver what they promise, so it is important to look at a rep’s track record and expect the rep to give you a realistic assessment of your film’s potential and what the rep can do for you before selecting a rep.
Finally, there is the sales agent, also called the “foreign sales agent,” who handles foreign sales. In this case, it can be very valuable to work with such an agent, since he or she will know the distributors, exhibitors, and other channels in the territory covered, and so will be in a better position to make the contact and negotiate any sales than you. While some sales agents may have a network of agents in different countries, others will specialize in selected areas, so you need to learn the areas covered, as well as the channels in which the sales agents wants to pitch your film. In this way, you can make sure you don’t have overlapping exclusive representation by sales agents who are covering the same territories.
So now that you know the major players, the next step is to assess how you want to position and promote your film in different channels, as well as prepare the materials you need to get a distributor or sales agent, and in some cases, a good producer’s rep.
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Gini Graham Scott, PhD, is the author of over 50 books with major publishers, including two on writing and publishing books: FIND PUBLISHERS AND AGENTS AND GET PUBLISHED and SELL YOUR BOOK, SCRIPT, OR COLUMN. She has written and produced over 50 short films, has written 15 scripts for features, and has one feature film she wrote and executive produced scheduled for release in February 2015. She also writes scripts for clients, is Creative Director for Publishers Agents & Films (www.publishersagentsandfilms.com), and has several book and film industry Meetup groups which have meetings to discuss members’ books and films and help them get published or produced.
