Tag Archives: film distribution

The Porno Clause and Other Legal Tips Filmmakers May Not Know, But Will Wish They Had

Legal counsel, Cherie Song, wrote this post originally for indieWire and we thought it was so good (especially the title!), we’ll repost it here.

Full disclosure: There’s no end to the legal rigamarole that accompanies any film’s distribution and this article will not make it any shorter. However, the only thing that’s worse than paying legal fees is wishing that you had. So with that in mind, here are four items that could be overlooked on your legal checklist and absolutely should not be.

The Porno Clause
Otherwise known as section 2257 of Title 18 of the U.S. Code, this is the law that was enacted not long after the Traci Lords scandal in 1986, which very nearly took down the adult industry altogether. And while odds are none of your actors actually have sex on camera, your film might contain a simulated sex scene. And if it does, you may be subject to the record keeping and labeling requirements of Section 2257A.

Section 2257A is an extension of the enforcement guidelines for the Child Protection and Obscenity Enforcement Act of 1988. In short, that law requires producers of visual depictions of actual sexually explicit conduct to 1) maintain records to ensure that actors are not minors and 2) to label materials containing such depictions with the location of the records. In 2006, it was broadened to include depictions of simulated sexually explicit conduct with the addition of Section 2257A. Either way, failure to comply is a criminal offense.

There’s an exception if you’ve filed what’s called a “safe harbor” exemption letter with the U.S. Attorney General certifying, among other things, that you collect and maintain IDs of all performers.  As “secondary producers,” distributors also may be required to maintain records that identify the filmmaker for any depiction and that verify the filmmaker checked the legal age of performers prior to the date of original production, so a growing number of distributors are requiring safe harbor letters from filmmakers to minimize liability.

The Out Clause
You’re sick and tired of waiting for the company to live up to its promises. You’ve had it and want out. Where do you go from here?

In the context of a distribution deal, you want your contract to contain a clearly written default/termination provision that allows you an “out” if the distributor fails to do something material—say, pay you overages or send you statements. In addition, you should have an “out” if the distributor files for bankruptcy or assigns the contract to an unaffiliated third party who may or may not be able to live up to the promises made by the original distributor.

Make sure your rights automatically revert to you upon termination, subject to any presold territories. Then you can take your film and try to monetize it in any unsold territories. That’s not an easy task, but it’s better than the alternative of being stuck in a bad relationship.

The Trigger Clause
If you’re getting a minimum guarantee (usually paid out in installments), your contract should contain clearly defined triggering events for payments and a time period within which they should be made. If distributor fails to pay the full minimum guarantee within a certain time period, you should have the right to terminate the agreement, get any materials in distributor’s possession returned to you and all rights granted to the distributor should revert to you so you can take your film elsewhere.

The Clause Clause
Otherwise known as defining your terms. Oddly enough, it’s normal (as in ordinary) for distribution contracts to contain terms that are undefined or defined only “in accordance with industry standards.” Some filmmakers prefer Independent Film and Television Alliance definitions because they’re believed to be more “fair” than those contained in some distributors’ contracts.

In a way, it doesn’t matter what your preference is—only that you have one. Identifying terms that demand definition, and understanding them to your satisfaction, can make the difference between legal protection and giving your rights away.

For example (and this is only one of many), if you want to stream your film on your website or social networking pages, make sure the definition of “Digital Rights” in your contract excludes this right. A reservation clause might read: “Notwithstanding anything to the contrary contained herein, Licensor shall retain the right to [list reserved rights].” In all cases, you should have a qualified distribution attorney review the contract to make sure it reflects the deal you made.

Cherie Y. Song is an entertainment attorney and legal counsel for The Film Collaborative.

Our Los Angeles book launch takes place at the Young Library at UCLA this Friday October 28. If you plan to attend, please RSVP. There will be printed books for sale autographed by the authors as well as food and drink.

As always, you can  follow us on Facebook where we post regularly and read our posts on Twitter under the hashtag #syfnotsys.

 

The importance of curatorship and audience connection for cinemas

In Jon Reiss’ case study film The Best and The Brightest, there is a section that addresses the need for cinemas to be in direct contact with their audiences for all in the industry to continue to prosper.

In today’s marketplace of mall multiplexes geared more for reserving 5 screens for the latest Harry Potter film and offering giant tubs of popcorn and soda than true connection to film, most cinemas are owned by corporations and about as far removed from audience members as one can get. The most a patron may come in contact with theater staff is when a ticket is purchased and torn or as the credits roll when staff brings in the brooms to clean up before the next show. We’d like to think that the small arthouse theater is more attuned to those who frequent their screenings, but this often isn’t the case either. The group behind The Best and The Brightest learned this first hand. Below is an excerpt from this section of the book.

“Outside of some Facebook ads, a few small banner ads and some local event listings, they did not spend any money on media buys. Hence, they felt they could book into an indie theater, do a great grassroots campaign, and they would sell out.

However, they discovered that this was not the formula. In Columbus, OH and Houston, TX they booked into well-respected independent theaters and had local teams marketing the film. In Columbus, the theater was across the street from a university; it was the main art-house in town with multiple theaters. In Houston, they had more “demand it” requests than in any other city.  However, both of these cities bombed surprisingly.

From this Baldwin learned that the advance team helped, the online social media helped, but what was essential was that the theater needed to be connected to its own audience. To that end, they had the most consistent success with membership-oriented theaters whose patrons trusted the curatorial taste of the theater.

Weiser: Traditional theatrical is not connecting with audiences.What Declan did made sense because each of the theaters we booked into has a connection with their audience. These audiences trusted “their” theater—and if the theater programmed it—they would come.

A surprising note on Best’s Demand-It tool on their site: Baldwin found that there was no correlation between the number of people who “demanded” a screening in their city and box-office (as exemplified by the Houston screening). However, the surprise benefit of the Demand-It tool was that it was a good source for local marketing volunteers. Baldwin successfully reached out to the people who had requested a screening in their town and persuaded them to be the local outreach people for those screenings.

After Houston and Columbus, they were much more selective about the theaters that they booked. They had to be member oriented theaters. To this point, their success allowed them to get more bookings and better terms from theaters. These deals were either 50/50 splits or 70/30 after expenses (70 going to Best). They ended up making between $600 and $2,600 per screening, which is pretty good for a one-night event, especially considering that their per-screen average for their conventional theatrical was $2,385.50 for a week-long run.

They also discovered that the theaters knew what nights and times their membership would come out—either 7pm on Wednesday night or 8pm on a Thursday—it varied city-to-city and was very specific.”

Read about why Best decided to do week long conventional theatrical screenings in select cities as well in the book Selling Your Film Without Selling Your Soul now available in digital and print editions. Visit our store for details and pricing. As always, you can  follow us on Facebook where we post regularly and read our posts on Twitter under the hashtag #syfnotsys.

 

Book excerpt on serving niche audiences for films

If you have ever heard any of the authors speak in person or via media outlets, you know that we talk a lot about the need to identify and connect with niche audiences for your film. The question is, how to do that without limiting the potential for your film to reach the wider audience circle beyond that niche?

In the book, we included a chapter on how to find niche audiences. One documentary film in particular, For the Bible Tells Me So, went on to reach well beyond the LGBT audience it might have been most logical to target; the “choir” for the film.  Here’s an excerpt that speaks to how filmmaker Daniel Karslake and his distributor, First Run Features, accomplished this.

"For the Bible Tells Me So" was distributed by First Run Features

“Of course, no matter how powerful a subject a documentary tackles – and no matter how hungry an audience might be for the message—it is just a tree falling in the forest until it finds a platform to reach its audience. As is so often the case with successful documentaries, For the Bible Tells Me So had its first big break when it was accepted into the documentary competition at the 2007 Sundance Film Festival. Karslake echoed a sentiment expressed by many filmmakers:

We had some interested parties before, but once we were chosen as one of the 16 competition documentaries at Sundance everything changed. Suddenly every festival and every distributor contacted us and wanted to see the film. There was definitely a “Sundance effect.”

To maximize this “Sundance effect,” Karslake signed on high profile sales agents/film strategists Cinetic Media for the Festival, where the film was sold to Sundance Channel for U.S. TV and most importantly, to First Run Features for all other North American rights.

While the terms of the deal were not disclosed, it is what happened next that makes For the Bible such an inspirational story of niche distribution. At first, both Cinetic and First Run (as well as filmmaker Karslake) were very wary of the gay niche, believing that the film should not be pigeonholed as a gay film for gay audiences, but rather for the uninitiated, largely straight people of faith in the so called “red states.” People who, as Karslake explains, “understood the teachings of Christ, but couldn’t square that message with the Church’s attitudes towards gay people.” As such, the film spent the first few months of its post-Sundance life playing the larger “nongay” international and doc festivals, winning awards at festivals such as Full Frame and the Audience Award for “Best Documentary”at Seattle International.

For the Bible eschewed the spring LGBT festival circuit, and even chose to skip San Francisco’s Frameline—well known as the world’s oldest and largest gay and lesbian film festival. For reasons unknown to Karslake, however, First Run Features chose to accept the film’s first queer booking at Outfest Los Angeles, a festival held in early summer and which is closely watched by LGBT Industry folks.

“I thought gay people would probably hate it,” said Karslake, citing general hostility toward religious issues in the Community, supported by his earliest experiences with “In The Life” [a TV show that was Karslake's day job]. However, For the Bible would go on to win the Audience Award at Outfest, a major validation that would pave the way for launching the film and which would lead to startling results.

Following the cue from earlier awards as well as Outfest, For the Bible rocketed through both the summer/early fall international festivals and now also the LGBT circuit, building toward theatrical release in October. Along with the Festival accolades, another key aspect of niche buzz marketing kicked in during this period—namely a tremendous surge in LGBT groups outreaching to their memberships to spread the word about the film.

Most notable was the nationwide support of the gay civil rights organization Human Rights Campaign (HRC), well known as the best-funded, best politically connected of the gay political groups,with nearly a million people on its mailing lists. Prior to Sundance, Karslake had shown a six-minute trailer at HRC’s National Convention, and the response and support for the movie was immediate and powerful.

Mobilizing both its resources and its chapters, HRC encouraged its members to buy tickets for members for the theatrical opening weekend bookings, just to help make sure the initial release numbers were strong. Also prior to Sundance, Karslake showed the same six minutes at the National Convention of PFLAG (Parents and Friends of Lesbians and Gays), gaining support from its nearly 200,000 membership base.

First Run opened the film in New York City’s Quad Theater in early October to a strong result, nearly $10,000 in the first weekend. Capitalizing quickly, First Run moved wider to the Landmark Theatres of Los Angeles, Palm Springs, San Diego, San Francisco, Berkeley, Philly, Boston, Portland, and Minneapolis—all typical big cities on the art-house circuit that include large gay populations. Within a week the film was in St. Louis, Springfield (MO), Austin, Dallas, Atlanta, Salt Lake City, Denver, Santa Fe, Orlando,and New Orleans…and then Charlotte, Tempe, Hartford, Fargo, Tulsa, etc.

Choosing both full-week runs and then smaller, limited engagements at regional independent theaters, First Run was able to support the release for nearly six months, finally ending sometime in March 2008 with a gross of around $309,000. Karslake estimates that the film had some sort of theatrical presence in approximately120 markets, a real eye-opener for a doc distributed by a small indie company.

Shortly into the theatrical run is when the real “miracle” started to happen. In addition to continuing to travel the film both theatrically and along the festival circuit, First Run set up a section of  its website to invite community screenings of the film. In earlyNovember 2007, the first churches starting calling and booking the film for local, church-based screenings. After churches, it spread to university religion departments, sociology departments, religious conventions, etc. From November 2007 until January 2009, scarcely a calendar day went by that the film was not playing in several cities at once, often in multiple churches, festivals, and theatrical venues all at the same time.

In total, from the time that First Run starting posting the venues on its website soon after Outfest, the film recorded more than 600 engagements around the country, mostly in small and mid-sized towns, and very often in the heart of the Bible Belt.”

To find out how all of these screenings translated into DVD sales, download or buy the printed edition of Selling Your Film Without Selling Your Soul on our website.

We will have our second book launch party, in Los Angeles this time, on October 28 at the UCLA Library directly following the popular and FREE DIY Days LA. We will send out invitations to all of our email list so if you are in LA and wish to attend, please RSVP. As always, you can  follow us on Facebook where we post regularly and read our posts on Twitter under the hashtag #syfnotsys.

 

 

Book excerpt covering film release strategy

Co authors Jon Reiss and Sheri Candler are answering questions this week on the D Word site for documentary filmmakers. One question usually comes up regarding distribution strategy, particularly release strategies. In the book, Jon covers the importance of planning release timing so that each “window” dovetails into the next, maximizing revenue when you have the greatest amount of attention instead of stretching the release (and your resources) over a long length of time. Here is an excerpt from the case study documentary Ride the Divide.

TIMING

FESTIVAL LAUNCH

Hunter and Mike wanted the credibility that a film festival offers, so when they didn’t get into Sundance or SXSW they decided to premiere at The Vail Film Festival, which made sense both because of their audience and because of their prior relationship with the event.

Hunter: We knew after that we wouldn’t spend much time screening in film festivals, because quite honestly, we could build audiences just as easily and capitalize on the experiences versus letting the film festivals take all of the money from the shows that they screened.

They started selling DVDs and conducting their live events one and a half months after their premiere at the Vail Film Festival.

PREMIERE DATE

If there are special days, weeks, months or seasons in which your audience is particularly primed to see your film, then you should take advantage of that. For Ride the Divide, they knew they wanted to get the film out when cyclists were getting excited about riding again—in the spring.

Mike: I think it was imperative that we released the film in the spring, as cyclists are coming out of the winter doldrums and are eager to get back on a bike and experience that particular weather and that particular season, especially going into theatrical, because cyclists are used to getting together with their cycling buddies and their cycling clubs and gathering together and going for rides and beer. So that theatrical event tie-in, yeah, was absolutely perfect for the season we released.

LIVE EVENTS

In keeping with their intelligent audience engagement strategy, Hunter and Mike wanted to utilize more components than a traditional theatrical release for their film; they wanted to incorporate all forms of public exhibition—traditional or not. To date, Ride the Divide has had 135 screening engagements! Hunter and Mike booked 25 of those screenings (all in conventional theaters) and then their audience and the promoter who took the film and booked engagements for them handled the rest. In my book, that’s a 135 city theatrical release.

Mike: Pretty much everything we did was in a conventional theater, more of an indie-type theater. Definitely, we weren’t hitting the AMCs or anything like that, but we were able to put together, probably 90% of the theaters we did. We worked out a 50/50 split, which took any risk off us. We broke it up into legs, so we would put together a Denver-Salt Lake City-Boise-Portland-Seattle sort of show, that would take us on the road for 9 or 10 days. Then we would come back and do some business work and some more marketing. I think to be out there for a full 40 or 50 days is tough, it’s difficult, it’s going to wear you down, and it’s taking you away from perpetuating the other aspects that you should also be concentrating on—marketing and engaging your audience.

Mike and Hunter are working on a 40 city tour with their new film, The Path, but this time their main sponsor is doing PR/marketing and stepping up as a true partner in the release.

Here is some of what they found:

THE PARTNERSHIPS PAID OFF

For them it was key to have national organizations to promote awareness, but also, more importantly, to have the support of local groups and commercial entities (bike shops, etc.). In Dallas, TX for instance, Villy Customs brought bikes to the screenings to enhance the experience. They also had bike valets at several locations. This type of grassroots support ensured the local screenings of Ride the Divide were always well-attended.

CREATE AN EVENT

As much as they could, Hunter and Mike created a sense of an event around their film. In addition to bike themed events, they also enlisted musicians. One of the bigger risks they took was to four wall (in which a filmmaker rents the “four walls” of the theater) their premiere at the Boulder Theater (which wouldn’t give them a percentage deal), for their opening night on May 22, 2010. I’m not usually in favor of four walls for most films, but at times it can make sense and even turn a profit. Hunter and Mike were nervous about pulling the trigger on this event because of the nut ($4,500), but they realized that this was the best-case scenario for their premiere—Boulder being not only a Rocky Mountain community, but also a strong bike community.

Hunter and Mike made the premiere a premium event by providing a film and musical experience, including a performance by Gregory Alan Isakov, who also appears on the film’s soundtrack. It paid off for them. They charged $18 per ticket and with 600 people in attendance, they grossed $10,800 in one night. They paid $3,000 to rent the theater plus $1,500 for the musician fees and other costs. That’s a $6300 theatrical profit for one night (not including the sweat equity to arrange and market the show). They did other event screenings with another Ride the Divide soundtrack musician, Dominique Fraissard.

PROGRAM ON ALTERNATIVE NIGHTS

Echoing the experience of Todd Sklar and his Range Life tours, Hunter and Mike found that the best nights to screen were Wednesday and Thursday, with Monday and Tuesday being fine as well. Most of their screenings were 1-3 nights, except in Denver where the film ran for 3 weeks. They strongly recommend staying away from Friday and Saturday nights because there is too much competition and Sundays “are the worst.” Note: Saturdays did work well for bike-event themed screenings when a group ride or bike shop got behind the screening.

To read about moving into digital and DVD release, buy the digital or printed copy of the book on our website or download the free pdf.

We will have our second book launch party, in Los Angeles this time, on October 28 at the UCLA Library directly following the popular and FREE DIY Days LA. We will send out invitations to all of our email list so if you are in LA and wish to attend, please RSVP. As always, you can  follow us on Facebook where we post regularly and read our posts on Twitter under the hashtag #syfnotsys.

8 tips on on planning, negotiating deals and releasing your film digitally

Co author Orly Ravid is our resident expert on negotiating digital distribution deals and it is something that the organization she co founded, The Film Collaborative, helps filmmakers navigate often. Here are her tips on planning, negotiating deals and releasing your film digitally.

1.  CARVE OUT DIY DIGITAL:

Distributors and Foreign sales companies alike often want ALL RIGHTS and including ALL DIGITAL DISTRIBUTION RIGHTS.

What to watch out for overall is not the purview of these tips, however this is:  No matter what, at least CARVE OUT the ability to do DIY Digital Distribution yourself with services such as: EggUp, Distrify , Dynamo Player, and/or TopSpin Media , on your own site, on your Facebook page, and also directly to platforms.  Several of our case studies employed or will now employ these options even when sometimes also engaging in traditional distribution (e.g. Adventures of Power, Violet Tendencies, American: The Bill Hicks Story to name few). Platforms and services can almost always Geo-Filter thereby eliminating conflict with any territories where the film has been sold to a traditional distributor and often times a distributor will not mind that a filmmaker sells directly to his/her fans as well in any case. ADDITIONALLY, since I wrote this blog Prescreen, www.Prescreen.com launched its platform and we used it and so far it seems like really a great way  to boost the profile of a film and jumpstart one’s digital distribution.  It worked well for How to Start Your Own Country and we are trying other films now too.

2.   PLATFORMS ≠ AGGREGATORS ≠ DISTRIBUTORS:

Platforms are places people go to watch or buy films.

Aggregators are conduits between filmmakers/distributors and platforms. Aggregators usually focus more on converting files for and supplying metadata to platforms and that’s about it.  Marketing is rarely a strong suit or focus for them but it should be for a distributor, otherwise what’s the point? Aggregators usually don’t need rights for a long term and only take limited rights they need to do the job.

Distributors usually take more rights for longer terms.  Sometimes distributors are DIRECT to PLATFORMS and sometimes they go through AGGREGATORS.

It makes a difference because FEES are taken out every time there is a middleman.  Filmmakers should want to know the FEE that the PLATFORM is taking (because it’s not always the same for all content providers though usually it is other than for Cable VOD, for example) and  know if a distributor is direct with platforms or goes through an aggregator.  Also, filmmakers should have an understanding what each middleman is doing to justify the fee.  On the aggregator/distributor side, we think 15% is a better fee than 50%, so have an understanding of what services are included in the fee. If a distributor is not devoting any time or money to marketing and simply dumping films onto platforms, then one should be aware of that. Ask for a description in writing of what activities will be performed. Companies such as New Video (worked on our case studies Bass Ackwards, Note by Note and Best and the Brightest) function well as both a distributor and an aggregator.

3. THINK OF DIGITAL PLATFORMS AS STORES

A film should try to be available everywhere however sometimes that is too costly or not possible and when that is the case one should prioritize according to where the film’s audience consumes media. Think of digital platforms as retail stores.

Back in the DVD days (which are almost gone), one would want a DVD of an indie film in big chains such as Blockbuster and Hollywood Video but especially a cool, award winning indie would do well in a 20/20 or Kim’s Video store because those outlets were targeting a core audience. With digital, it’s the same.

While many filmmakers want to see their films on Cable VOD, some films just don’t work well there. Some films make most of their money via Netflix these days and won’t do a lick on business on Comcast.  Other films do well on iTunes and some die there whereas they might actually bring in some business via Hulu or SNAG. Docs are different from narrative and niches vary.

Know your film, its audience’s habits and resolve a digital strategy that makes sense. If money or access is an issue, then be strategic in picking your “stores” and make your film available where it’s most likely to perform. It may not be in Walmart’s digital store or Best Buy’s. Above all, if you dear filmmaker have a community around you (followers, a brand), your site(s) and networks may be your best platform stores of all.  Though there is something to be said for viewing habits, so I do recommend always picking at least a couple other key digital storefronts that are known and trusted by your audience.

4. CABLE VOD LISTINGS

By now many of you may have heard that it’s hard to get films marketed well on Cable VOD platforms. Often the metadata either isn’t entered or entered incorrectly and it’s nearly impossible to fix after it goes live. Hence, oversee the metatags submitted for your film and check immediately upon release. Also, since genre/category folders and trailer promotion are not always an option for every film, it is the case that films with names starting in early letters of the alphabet (A-G) or numbers can perform better. Then again, there’s a glut of folks trying that now so the cable operators are getting wise to this and not falling for it. All the more reason to focus on marketing, marketing, marketing your title, so audiences are looking for it and not just stumbling upon your film in the VOD menu. There are only going to be more films to choose from in the future, not fewer.

5. ART must work SMALL

Filmmakers, if there is one thing I must impart to you once and for all it’s this:  TAKE GOOD PHOTOGRAPHY!!!  Take it when making your film.

Remember, most marketing imagery if not all for digital distribution (which will be all of “home entertainment”) must work SMALL so create key art and publicity images that also work well small and in concert with the rest of your campaign. Look at your key art as a thumbnail image and make sure it is still clearly identifiable.

6. KNOW YOUR DIGITAL DISTRO GOALS

This harkens back to Jon Reiss’ points. I have seen distribution plans wasted because a vision for the film’s path was not resolved in time to actualize it properly.

If your film is ripe for NGO or corporate sponsorship and you want to try that, you will need loads of lead time (6 months at least!) and a clear distribution plan to present to potential sponsors (who will always need to know that before agreeing).  If making money is a top concern, then know how YOUR FILM’s release is mostly likely to do that and plan accordingly. It may be by collapsing windows or it may be by expanding them. All films are different and that’s why our case study book has different examples to look at.

American: The Bill Hicks Story for example did Day & Date Theatrical/VOD with Variance & Gravitas.  That strategy can increase revenues, but is not for every film so know what sort of release makes sense for the film before starting so you don’t inadvertently lose out on options. With Prescreen now an option, if interested, one needs to carve out that window before EST (electronic sell through) / DTO (digital download to own) and streaming digital rights are sold. TFC is doing this with the film HOW TO START YOUR OWN COUNTRY for example. If showing the industry that your film is on iTunes matters to you for professional reasons more than financial then know that is your motivator but also understand that getting a film onto iTunes does not automatically lead to transactions, marketing does.

7. TIMING IS EVERYTHING

Digital distribution often has to be done in a certain order if accessing Cable VOD is part of your plan. That is not the only reason to consider an order and an order is not always needed, but it can be a consideration.  Sometimes Cable VOD is not an option for a film (films often need a strong theatrical run before they can access Cable VOD) and, in this case, the order of digital is more flexible and one can be creative or experiment with timing and different types of digital. However, Cable VOD’s percentage share of digital distribution revenues is still around 70% (it used to be nearer to 80%) so if it’s an option for your film, it’s worth doing, at least for now.

It is very often the case that if your film is in the digital distribution window before Cable VOD (on Netflix for example), that will eliminate or at least dramatically diminish the potential that Cable MSO’s (Multi System Operators) will take the film or even that an intermediate aggregator will accept it.  There is more flexibility with transactional EST (electronic sell through) / DTO (download to own) / DTR (download to rent) services such as iTunes but much less flexibility with YouTube (even a rental channel) or subscription or ad-supported services such as Netflix (subscription) or Hulu (which is both).

Films that opted to be part of the YouTube/Sundance rental channel initiative (such as Children of Invention) could not get onto Cable VOD after. The Film Collaborative has to hold off on putting films in its YouTube Rental Channel if cable VOD is part of the plan.  Of course, there are exceptions to every rule due to relationships or a film proving itself in the marketplace, but better to plan ahead than be disappointed.

Companies such as Gravitas are also programmers for some of the MSOs so they have greater access to VOD, but they too discourage YouTube rental channel distribution before the Cable VOD window and they do Netflix SVOD (Subscription Video on Demand) distribution after. In general, films are often released on transactional platforms first and ad-supported last with Netflix being in the middle unless it’s delayed because of a TV deal for example. This is not always the case and some distributors have experienced that one platform can drive sales on another but in my opinion it depends on the film and habits of its audience.  You should know that Broadcasters such as Showtime will pay more if you do your Netflix SVOD after their window rather than before.

The question you have to resolve is what value does each option have and what is the best order for your film given your resources.

This tip was written for the Sundance Artists Services initiative: http://bit.ly/ArTiSts

8. THE DEVIL IS IN THE DEFINITIONS

This tip was also written for the Sundance Artists Services initiative (http://www.sellingyourfilm.com/blog/2011/08/25/the-devil-is-in-the-definition-know-what-vod-means/).

There is no standard yet for definitions of digital rights. IFTA (formerly known as AFMA) has its rights definitions and for that organization’s signatories there is therefore a standard. But many distributors use their own contracts with a range of definitions that are not uniform. When analyzing distribution options, be aware that terms such as VOD can mean different things to different people and include more or fewer distribution rights and govern more or fewer platforms.

Consider the term “VOD”. In some contracts, it’s not explicitly defined and hence can mean anything and everything. IFTA is clear to categorize it as a PayPerView Right (Demand View Right) and limit it to: “transmission by means of encoded signal for television reception in homes and similar living spaces where a charge is made to the viewer for the rights to use a decoding device to view the Motion Picture at a time selected by the viewer for each viewing”.

However in some contracts, it’s defined as “Video-on-Demand Rights,” meaning a function or service distributed and/or made available to a viewer by any and all means of transmission, telecommunication, and/or network system(s) whether now known or hereafter devised (including, without limitation, television, cable, satellite, wire, fiber, radio communication signal, internet, intranet, or other means of electronic delivery and whether employing analogue and/or digital technologies and whether encrypted or encoded) whereby the viewer is using information storage, retrieval and management techniques capable of accessing, selecting, downloading (whether temporarily or permanently) and viewing programming whether on a per program/movie basis or as a package of programs/movies) at a time selected by the viewer, in his/her discretion whether or not the transmission is scheduled by the operator(s)/provider(s), and whether or not a fee is paid by the viewer for such function/service to view on the screen of a television receiver, computer, handheld device or other receiving device (fixed or mobile) of any type whether now known or hereafter devised. Video-on-Demand includes without limitation Near VOD (“NVOD”,) Subscription Video-on-Demand (“SVOD”,) “Download to burn”, “Download to Own”, “Electronic Sell Through” and “Electronic Rental,” for example.  This example includes everything and your kitchen sink.

One has to ask if a definition of VOD or another type of digital right includes “SVOD” (Subscription Video on Demand) and includes subscription services such as Netflix and Hulu Plus. Why does this matter? Well if the fee to the distributor and/or to you is the same either way then it may not matter. If there’s a difference in fees depending on the nature of distribution, then it will.  Recently an issue in a deal came up with respect to distinguishing ad-supported specifically from general “free-streaming”.  Is ad-supported governed by a “free-streaming” rights reference?  Why wonder, Just spell it all out; better to be safe than _____.

Another example, if a contract notes a distributor has purchased “VOD Rights” but does not define them, or defines them broadly, then do they have mobile device distribution rights as well? The words “Video-on-Demand” sometimes are used only to refer to Cable Video on Demand and other times much more generally. In a “TV Everywhere” (and hence film everywhere) multi-platform all-device playable universe, the content creator needs to know.

The devil is in the definition which you must read carefully BEFORE you sign on the dotted line.  Know what you want for and can do for your film in terms of distribution and carve it up and spell it out.

The free period for all digital platform downloads has ended, but you can still get the book at a reasonable price. Digital copies, apart from the forever free pdf version, are $4.99 from Amazon Kindle and Apple iTunes.  You can also get ePub and .mobi files for any reading device and the printed edition from our site. The printed copy is $9.99 plus shipping on our site only.

We will have our second book launch party, in Los Angeles this time, on October 28 at the UCLA Library directly following the popular and FREE DIY Days LA. We will send out invitations to all of our email list so if you are in LA and wish to attend, please RSVP. As always, you can  follow us on Facebook where we post regularly and read our posts on Twitter under the hashtag #syfnotsys.

 

 

 

 

Seven Release Strategies That Can Make or Break Your Movie

This piece originally ran on the indieWire site on September 6, 2011 just prior to the book’s release. Co author Jon Reiss takes a look at release strategies that need to be considered for independent films starting with the goals of the release. Many filmmakers (and distributors) only consider the money aspect, but there may be a variety of goals involved in making and distributing a film which will affect release patterns. Here’s Jon:

photo courtesy of Miles Maker. Co author Jon Reiss autographs the book

There are many elements in formulating a strategy to release your film. The most important consideration on the list? Knowing what you want to accomplish. Films can have a variety of goals and they aren’t all tied to making money.

1. Create a Unique Marketing and Distribution Strategy for Your Specific Film

Each film is unique and requires its own individual distribution and marketing strategy.  Each film in the book is different; most have very different audiences. Similarly, each filmmaker has a different set of goals, needs, and resources. While the studio one-size-fits-all model worked well for some independent films over the last 20 years, it was a disaster for others. With the new hybrid model of distribution, you can craft a distribution and marketing strategy that makes the most sense for your film.

You have a unique vision; use that vision to engage your audience in a unique manner. This will help separate you from the media noise that surrounds us every day.

One of the first films included in the book, “Bass Ackwards,” implemented a unique distribution strategy launched the day after their Sundance premiere concluded. To date, they are if not the only, one of the few to have tried this method.

“This really was an industry play as opposed to anything that got noticed by a more mainstream audience,” said producer Thomas Woodrow. “The intention was to create publicity buzz through the unconventional nature of the release and to have that alone drive audience interest in the film. It was definitely successful on that level. We did far, far better revenue-wise and exposure-wise than if we had tried to go a more conventional sales route.”

2. Know Your Goals

I cannot stress this enough. I cannot repeat this enough. There are multiple goals that you can strive for in the release of your film, but you must prioritize what is most important to you. I categorize the goals for the distribution and marketing of your film into the following five:

1.  Money
2.  Career launch—i.e., help for your next project.
3.  Audience/eyeballs to see the film
4.  Change the world
5.  A long-term, sustainable connection with a fanbase.

Choices you make in service of one goal will often sacrifice another goal. For instance, releasing your film for free on the internet might get you the most eyeballs, but it won’t always help you monetize the film.

You must make sure that everyone on your team is on the same page and doesn’t have conflicting goals. An example from the book, savvy and talented filmmaker Hunter Weeks from “Ride the Divide” had the goal of career launch to help his next project, but his producer Mike Dion’s goal was to make money to repay the investors. These goals are two that are traditionally in direct conflict because career launch is normally associated with some form of traditional theatrical, which in turn is usually a money drain and will not result in repaying investors.

They chose to go for the money. As a result of this focus, they have paid back their investors and garnered a lot of attention in the process, both of which will help Hunter launch his next project.

3. Set Marketing Strategy

Two helpful ways to think about marketing:
1) reaching the audience that already exists for your film
2) thinking creatively of what audiences might be interested in your film.

I recommend that you consider and conceive of a marketing strategy for your film early in the production process, even at inception. Who is its audience? How are you best going to reach them?  Are there particular blogs, organizations, print media that they subscribe to? Who will you bring on to help you outreach to your audience? How does this audience consume media?   Answering these questions will help to fashion your release strategy.

Case study film “Note by Note-The Making of  Steinway L1037” identified their core audience as Steinway owners and pianists who played Steinway pianos, then moved on to all pianists, music teachers and musicians. Another audience group they discovered through screening the film at festivals comprised people who worked with wood such as boat builders and carpenters.

“When we screened in Vermont I had all these people come up to me and say, ‘You know, I have a business; I make furniture and I loved watching these guys build this piano,’ said director Ben Niles. “It really gets down into doing things by hand, so I think anybody who likes to grow organic tomatoes or cook in the kitchen, or anybody who’s really doing something tangible can really identify with the film.”

4. Budget for Distribution and Marketing

In order to successfully execute a marketing plan for your film, a budget must be developed in tandem with your production budget. This is not an optional expense to be decided at the end of post. A marketing and distribution budget is a tool that balances what needs to be spent against what can be afforded, and helps make choices about which methods will be priorities and which ones cannot be implemented due to cost.

A well-analyzed, affordable budget will help to focus achievable marketing efforts without wasting time and money. Doing this also will show that you have a sense of how you are going to make your investors money back (and that you care).

Case study “The Best and the Brightest” went into distribution thinking that they would receive distribution offers. When those did not materialize in a way that would make sense to sell the rights to the film, producer Patricia Weiser had to find a way to raise more money for a hybrid distribution approach. “Don’t forget to have a plan (and a back-up plan) and budget for marketing/distribution in case Fox Searchlight doesn’t write you a big, fat check,” she said. “I had a plan (to use tax credit dollars for the marketing/distribution plan) that didn’t work out (investors wanted the money back). I think we’ve put together a pretty good back-up plan. We will see. The most successful people are those who are good at Plan B.”

5. Identifying and Engaging Your Audience

My  three-step approach to audience development and engagement:

1.  Know WHO your audience is.  This is not 18-25 year old boys/men. Or 35 – 55 year old women. As an independent filmmaker, if you cross over into a mass audience, great – but you need to be much more specific.
2.  Know WHERE your audience derives information/congregates. In other words, how you can contact them, engage them, communicate with them. It may not be by using online tools, but you have to know where.
3.  Know HOW your audience engages media, or HOW they will support you.

For case study “Pioneer One,” the filmmakers already had experience connecting with torrent fans through their previous film “The Lionshare,” a low-budget, narrative film about the world of file sharing. When it came time to start crowdfunding for the web series, they did outreach to every file sharing forum and publication they could to attract interest and gather donations. Not only did they surpass their initial goal of $6,000 to make a pilot, but they ended up raising all of their production budget (over $70,000 total) to finish the series through fan donations. The series is available where their fans are most likely to see it, via BitTorrent and YouTube.

6. Differentiating Core and Niche Audiences

The terms core and niche are often used interchangeably; this is a mistake.

The niche audience for your film is that slice of the population that has a particular interest in your film or an aspect of your film; the core audience for your film is those people within each niche that are your most ardent supporters. Those people will spread the word about your film not only to their networks, but to the rest of that niche. You can have multiple niches interested in your film, and within each niche there is a core who, combined, adds up to the whole core of your film.

While many of our case studies, especially the documentaries, had niche audiences, the key to their successes lies in getting through to the core audience first. With “Ride the Divide,” it was cyclists living along the race route of The Great Divide and they chose musicians also based in those areas to include in the film’s soundtrack, further bringing in the core fan base. With “American: The Bill Hicks Story,” it was reaching the fans of Hicks in the US and the UK including other comedians who were friends and colleagues of Hicks, not targeting all fans of standup comedy.

7. Engage Organizations to Promote Your Film

Know exactly where your audience derives information and congregates.

Many niches have organizations that support those specific topics and interests. Engage those organizations early in your filmmaking process (as early as conception and prep). It is important to have the proper attitude toward your audience and these organizations. Think, “What can I give them?” instead of, “What can they do for me?” If you think of the former, the latter will flow. People are very busy. You need to give them an incentive to be involved with you. That fact that you are making a film is not enough. How will the film service their organization, their lives and the lives of their members? In turn, they will help you promote your film to their direct audience.

This has been used by great effect by documentary filmmakers.  Narrative filmmakers need to follow their lead. Case study doc “For the Bible Tells Me So” was able to reach their target audience through organizational partnerships with churches AND gay rights organizations, even though their initial thought was these two groups would be at opposition to each other.

“Most of the time, maybe 70% of the time, it was small gay groups alerting other small gay groups about the film, and those groups contacting First Run [the film’s distributor] and finding venues in which to show the film to the wider (non-gay) community at large,” said director Daniel Karslake. “And then word would catch on, and people would want to be a part of the discussion. Just about everywhere, audience turn-outs were tremendous, and sellouts were common.”

When the 2008 National Convention of the United Methodist Church met to change their book of common prayer to stop condemning gay people, they ordered one DVD for each of their 900 voting members. A similar order was placed on behalf of 900 Bishops in advance of the 2008 Worldwide Anglican Communion.

This is the final week to get your free download of Selling Your Film Without Selling Your Soul. After October 1, digital copies will be $4.99 and the print copy will stay at $9.99 on our site. There will be a forever free pdf copy that does not contain pictures, links or video on our site. By November, the print copy edition will be hitting many bookstores so if you do not want to order online, you should find it in stores. The SRP is estimated at $19.99 though.

 

 

Sponsor Spotlight: EggUp on the sunny side of DIY

Today’s spotlight is on one of our DIY service sponsors, EggUp a company providing secure downloads of independent films and the associated extra content usually found on DVDs. Orly asked a few questions via email of Chris Lucero, EggUp’s Marketing Director. So here’s a bit about them:

Eggup is a media distribution and piracy solution for online viewing of films

Eggup is a Do-It-Yourself distribution platform that allows filmmakers to sell their films securely online.

OR-What is an Egg?
CL-An Egg takes a .mov or .mp4 file and and encrypts it into a secured “shell.” Within that shell, material can be uploaded such as epk’s, added bonus materials such as mp3 movie soundtracks, jpg movie posters, information on live screenings, text files like ebooks or educational materials. Up to two advertisements can also be inserted and viewed if the filmmaker has sponsorship that they need to highlight. The Egg file can then be passed around to anyone interested in finding out more about the film. The film contained within it can only be viewed in full once it is purchased and a customized player must be downloaded in order for the Egg to be viewed. Our application (Fried Rice) that only the content owners have access to, enables them to create an Egg, update the Egg and they have ability to global pause, global resume and even global delete from a consumer’s computer. The creator can choose how long the film can be accessed (1-30 days) and on how many computers. So if the individual purchases the Egg for 2 days viewing and 2 computer transfers, they will have the ability to make a copy of that Egg and move it to another computer. By logging into the Egg, it will allow the individual to view it on that computer. However if the individual transfers the Egg to a 3rd computer, the Egg will prompt the individual that they would need to make another purchase,

OR-What do you think is special about it as a DIY platform?

CL-

• Provides top notch security for your film to prevent piracy.
• Secured film available to consumers by download, instant stream, iPhone, iPad, Android.
• Full control of your film. Add, edit, delete pricing, content and images in real time.
• Marketing tools for filmmakers such as embedding films securely into 3rd party websites.
• Affiliate feature: Allow filmmaker to add affiliates and build an army of salesmen to sell their film securely. Affiliates get paid by per transaction %.
• Country Restrictions Feature: Half of the films using Eggup’s platform got distribution deals before they signed up with us. However, the distribution rights are only for certain regions. The filmmakers simply uses our platform to do country restriction. So it’s available in other parts of the world. Not only that, some of the filmmakers received distribution deals after using our platform and they simply login to our platform and restrict the countries where the rights have sold in real time. This really compliments the distributors and filmmakers.

OR-What success stories do you want to share about films on EggUP?

CL-

• We’ve recently won the Living Labs Anti-Piracy Competition held in Stockholm, Sweden. We will now be partnering up with the government of Nigeria to utilize our platform with Nollywood films; the 3rd largest film industry in the world. They want to focus on distributing their content to the world securely.
• Major Bollywood distributors and film studios are signing up because they are frustrated with piracy and unable to distribute their content out of their country. They see our platform as a way to cut major expenses and obstacles to make it easier to profit and not worry about being pirated.

Here are a few of the many happy filmmakers using EggUp: Stu Dodge – Nerd of the Living Dead (Atlanta, Georgia); Marco – Squatter Town (Hong Kong); Edgy Lee – MMA808 Inside Hawaii’s Fight Game (Hawaii); Solomon Mac-Auley – Nollywood Hustlers (Nigeria)

OR-What are the best ways for films to use EggUp?

CL-Current filmmakers are embedding their secured Films into 3rd party websites such as blogs and online magazines that generate heavy traffic whenever they do reviews or interviews. They’re savvy enough to ride the momentum to convert viewers into sales.

OR-What are the fee structures and terms for filmmakers who use EggUp?

CL-

70% filmmaker | 30% EggUp  (per transaction)

• Pricing Options: $0.99 – $999.99

• Filmmaker and Eggup are paid instantly for every transaction

• transaction fee: 5% + $0.05 (paypal micro payment)

Terms:

• Non exclusive

• filmmaker controls their content

Media Available for Consumer:

• iPhone

• iPad

• Android

• Stream on computers

• Download on computers

 

OR-What type of films work best via EggUp?

CL-

1. Filmmakers who want to profit from their passion (film) vs. giving it away for free or don’t care about being pirated.

2. Films that appeal to both domestic and international market.

3. Films that target consumers who have basic internet knowledge.
Currently, more than half of our signups are indie and foreign distributors because they themselves are frustrated with the traditional distribution model. They would hear about us from their filmmakers. Film Festivals are approaching us to team up and allow them to distribute their festival films online securely since many filmmakers are looking into other methods of distribution to generate multiple streams of income.

Big thanks to EggUp and all of our sponsors for believing in our book and being dedicated to helping independent filmmakers get the knowledge they need to make beneficial decisions. You can find more great information and real experiences in Selling Your Film Without Selling Your Soul Presented by Prescreen and Area23a Movie Events releasing in September 2011. Also like us on Facebook and follow our Twitter stream #syfnotsys.

Bright Spot: Bots High

Florida filmmaker Joey Daoud writes a blog called Coffee and Celluloid and I was in touch with him just before SXSW 2011 where he was doing some guerrilla screenings of his film Bots High, a documentary following the adventures of high school students who build combat robots. He shared the path to distribution of his film on the blog a few days ago and I asked if I could repost it here for all who may have missed it. Joey is one of many entrepreneurial filmmakers who are now taking responsibility for their work and connecting it to the people most likely to enjoy it. His efforts merit some championing so he’s our Bright Spot for today.

 

Great film!
- Handwritten note on a festival rejection letter

The above note sums up the festival experience of my feature film Bots High quite well. A film that people who see, love, yet didn’t get much traction on the festival circuit. It played at some festivals, won some Best Documentary awards, got some good reviews, and I had some great experiences and am thankful for the festivals that took a chance on the film. But obviously not the Sundance, SXSW, TIFF festival run you imagine while making the film 1.

Below, I’ll be outlining how I’m taking my film’s future solely in my own hands, and the ideas that led to this strategy.

What Can You Do That I Can’t?

Epic festival run or not, the next question is, “Now what?” This is a question most of us filmmakers face once we have a finished film. Even the top indie films with recognizable actors are having a hard time getting distribution deals with upfront money. Three Sundance films just posted Kickstarter campaigns to raise distribution money. Dying to Do Letterman has run a phenomenal campaign to raise money to do their own Oscar qualifying theatrical run.

Do you try to raise more money and do everything yourself? Do you tour the film around and hope to break even, like Total Badass? Hope a company comes along to pick it up? With so many digital outlets yet so few companies putting money into buying films, choosing the right path for your film reminds me of the stress of picking the “right” college.

I received some distribution offers, but nothing that paid anything upfront, just some backend percentage. This means I’m going to have to sign away broad definitions of certain rights for 20 years (essentially forever as far as the film is concerned), no guarantee that any money will be put into a marketing campaign, and hope that maybe I’ll see a couple of thousand in return.

The main question I asked for every offer is, “What can you do that I can’t do myself?” Let’s take the best offer, one from a company whose name I actually recognized. They wanted all digital rights and would get the film on iTunes, Netflix Instant, Amazon, Xbox, etc, and keep 25%. Not a terrible deal, but not many guarantees on marketing, prominent placement, etc. I can handle the online stuff through Distribber – pay a flat fee, keep everything, both money and rights. With a lot of new online-only companies out there, I feel like they’re all just trying to build their library instead of putting their time and money behind something because they believe in it.

Good deal for someone whose film has been sitting on a shelf, not for someone that just wrapped and still has some fight in them.

Check Out the Film…Possibly at a Festival Near You…Or Online…Soon

Packed theater at the Bots High World Premiere

 

Bear with me as I take you through three realizations I had that will soon merge into the mega-idea.

The bigger question wasn’t how to get it online, it was how do I launch. How do I build enough buzz so the online launch is relevant? How do I get the film on people’s radar? Previously, if I told someone about the film, or pitched a blog to write about it, it’s like, “Maybe the film will play at a festival near you…or sign up for the newsletter and I’ll let you know when it’s on iTunes.” There was no target date, no time to build towards, that people writing about the film could say, “Here is a cool film, you can watch it on this day.”

Around the same time of this brainstorming, when I was crashing SXSW with an underground screening, I found it was incredibly easy to set up a free screening (shocker!). I held a screening at the University of Texas. They donated a theater, I didn’t charge admission (but sold some DVDs), super easy – no worries about rental costs and breaking even.

Get Your Priorities Straight

If 2 you read Jon Reiss‘ great book Think Outside the Box Office, one of his key points when making your distribution plan is to figure out your goals. Do you want to make money, promote a cause, or use the film to market yourself? Going into this, as I’m sure most filmmakers do, I’m thinking, “All of the above! It’s going to make money, and because it’s making money that means it has enough buzz that I’m being promoted as a filmmaker.” Clearly, not the case. But one of the main reasons I made this movie instead of trying to work up the Hollywood ladder was to have a feature film to my name to lead to more, paid work.

So with a reworking of priorities, #1 now being to use the film to market myself as a filmmaker, that means getting the film out as wide and far as possible. Combine that with my previous two realizations, and the strategy is quite clear…

A Free Worldwide Screening Day

Yep, one day to direct everyone towards that launches the film. “Hey, Mr. Reporter, check out my film. Your readers can see it October 6, for free!” Using free tools, such as Meetup Everywhere, groups can organize based on their location and create their own screening. I want to empower people to create their own theatrical experience, which as Jon Reiss redescribes as “people watching ‘films’ with other people. Any place.” ‘Theatrical’ is not a 35mm print screening in a movie theater anymore. 3

Even if people don’t come out to a screening, here are my goals from the plan when someone mentions Bots High to someone else.

  • “Oh, I’ve heard of that film.”
  • “I saw that.”
  • “I love Bots High, I own it!”

The more blogs that write about it, the more someone is aware of it, the more that will help when I need credibility for other projects.

Free Doesn’t Mean No Money

Let’s be clear, ‘Make Money’ is not off the list (to the comfort of the patient people I owe money to). From my screening experience at festivals and ones I organized, about 2-5% of the audience buys the DVD. My thinking is cast a really wide net and if 1%-3% buy, that’s still a decent amount of money.

But I can’t have a Bots High representative at every screening selling DVDs and counting money. So in the way that I’m empowering people to organize a screening, I figured I could empower them to be retailers as well.

I sell the DVD for $20 on the web site and at screenings. But I’d be totally happy selling a guaranteed 10 DVDs for $10 each, which is what I’m doing with the event organizers. They can buy a 10 pack for $100, and then sell them at their screening for $20 each and keep the profit. I’m happy, they’re happy, win-win!

I foresee a lot of groups hosting screenings being connected to robotics programs or robotics teams themselves. I would love for the film to be used to recruit new members, whether the team does combat robotics or task oriented. I feel like teams could also use this as a fundraiser. So I also setup a ridiculously low $100 fundraising license which lets any non-profit charge admission to the screening as a fundraiser. 10 tickets at $10 and they cover the fee, then everything else goes to their program.

Make it an Event

Q&A at Bots High World Premiere 

 

I am all about Ted Hope’s and Jon Reiss‘ talk of making screenings an event. I want the film to be used as a platform for teams and schools to create an event around. Show off their robots, have mini battles (Google loves sumo-bots), get guest speakers – anything to go beyond just a movie screening and make it a unique night. Also, there needs to be something special about playing the movie on October 6 other than me saying you have to.

The one thing that’s great about festival or independent screenings is the Q&A. I didn’t want to lose that element, and with all the free streaming services out there it doesn’t have to be lost. I’ll be setting up a live webcast of myself and people from the film to answer questions that are tweeted to @botshigh. I figure most of the screenings will be in some sort of college auditorium that’s hooked up to a computer, so switching over to a webcast shouldn’t be a problem.

How You Can Help

And that’s the plan – a free, worldwide launch of my film. So far the press has been good (WIREDLaughing SquidIndieWire) and I’ve got screenings set up in IndiaSpainSouth KoreaBolivia, and 26 other cities. My goal is 100. With schools getting back in session, and constant emailing, I anticipate the numbers to pick up speed pretty quickly.

Of course you, independent film lover / maker who’s reading this, can play an important role and help set up a screening. Go here for all the details.

You can follow me on Twitter at @C47 or the film at @botshigh. I’m toying with an idea of running trailers for other independent films in similar positions before the screener disks of the movie, so if you’re a filmmaker with a movie and might be interested in this, email me.

I’ll be posting more about my experiences with this, including Distribber and getting the DVD on Amazon. Stay tuned!

 

  1. I don’t have a definitive answer for why this is, especially since festivals don’t really give feedback, just some theories from an attempted objective viewpoint, such as the film is light hearted, has a narrow focus, and doesn’t tackle a heavy issue. All the rejection letters cite record high submissions, thanks to the digital revolution which now creates a higher level of noise. I’d like to imagine my film was buried in a Raiders of the Lost Ark style pile and never watched. But who knows. Obviously this experience has left me a little bitter about festivals, which led to question their relevance at all. Especially after my short Space Miami got over 50,000 views and more online press than any festival could give a short. That’s another post, though check out this Fest vs. Online comparison. The thorough Filmmaker Magazine article on Blast! is a good example of what my film went through. 
  2. ‘If’ shouldn’t be there; if you make movies and want them to have a life after creation you must have read Think Outside the Box Office
  3. I’ll be writing in more detail about the online tools I’m using to organize this. 

Read more: http://coffeeandcelluloid.com/the-free-film-distribution-experiment/#ixzz1VLBAfaza

Book Trailer

At long last, our book trailer is live. Thanks to filmmakers Casper Andreas, Nicolas Alcala, Ari Gold, Hunter Weeks, Nina Paley, Ben Niles, Josh Bernhard and Bracey Smith for allowing us to do video interviews. The full interviews with them will be available in the iBook premium version releasing on September 13, 2011.

The Best and The Brightest Found Their Audience Despite Early Distributor Rejection

Co author Jon Reiss spoke with the team behind the film The Best and The Brightest to find out how they came to be using a hybrid approach to distributing their film. The full case study is included in the book, but the following was written by co writer/director Josh Shelov to give a little more insight into their strategy and the importance of having an actor with an engaged fan base. The actress, in this case, is not a household name, but her fans are extremely passionate and it is that passion the filmmaker have harnessed to bring the film to market. Here’s Josh.

Spurned by traditional studio distribution, “The Best and the Brightest,” a new feature-film comedy starring Neil Patrick Harris, has crafted a 21st-century model, marketing its internal assets digitally, building a bridge between passionate Facebook fans and movie theaters and rolling out a worldwide theatrical release.

Bridget Regan may not be a household name.

But if you DO know her name, there’s a decent chance you’re obsessed with it.

Ms. Regan played the lead on a syndicated television series called LEGEND OF THE SEEKER, a THE LORD OF THE RINGS-esque horses-and-wizards saga based on a popular series of books by Terry Goodkind. Ms. Regan played the lead – the all-powerful Mother Confessor, Kahlan Amnell.

The series was cancelled after two seasons. Everyone who worked on the show went back to their lives, including Ms. Regan.

Except the most vivid fans of the show. They refused to let their Seeker go.

Seeker fans are an emotional lot. Most are teenage girls: goth-y, social-media-dwelling, given to violent arcs of creativity. Given the absence of new Seeker dramas on TV, the Seekerites simply exorcised the Seeker drama within. They built fan pages, edited pirated episodes into homemade trailers, and wrote entire novels-ful of fan fiction.

Most importantly of all, they clung to each other. Bonding and rallying on Facebook and Twitter, the Seekerites looked at the world outside their favorite fantasy, and simply chose to remain within.

Meanwhile, Ms. Regan went on with her life as an actress, landing a small but juicy part in our indie comedy which, like many indies, had trouble landing a traditional distribution deal.  Instead of giving up and putting the film on the shelf,  we turned to the internet.

Whereupon we found the buzzing horde of riotously passionate Seekerites. They wanted their Bridget back. And they would move mountains to do so – no matter what vehicle Ms. Regan happened to be in. Thus began a dialogue, and a path out of the wilderness for both our filmmaking team and the fans.

Once we started directly engaging with our fans on Facebook and Twitter, we realized that many of our most active fans weren’t necessarily the fans of our bigger names – they were fans of Bridget. And they were absolutely insane with passion. These are the fans who have reached out to us directly, rallied their communities, and quite literally dragged the film on their backs into their local movie theaters.

Kate Mulgrew’s fans have done the same thing. There’s a worldwide group of hugely passionate, social-media-loving female sci-fi fans [remember Mulgrew played Captain Kathryn Janeway in Star Trek: Voyager] . The Neil Patrick Harris fans may be our greatest in number. But the Bridget Regan fans, Kate Mulgrew fans, John Hodgman fans, and Peter Serafinowcz fans have been the greatest in actual activity, promoting the film to their networks, creating fan posters and fan art, and actually taking to the streets to ask their local theatres to book the film.

One Bridget Regan fan in Houston, a 19-year-old girl named Bethany, literally stood in her local Best Buy gathering email addresses from strangers to make sure that the film would come to Houston. Thanks entirely to her audience-building efforts, we were able to afford to bring the film to Houston theatrically.

The new model for indie distribution is realizing that every film has its Bethanys. And the key is not to think of them as just fans. They’re local distribution and marketing coordinators. Treating them as fellow filmmakers benefits everyone – it benefits indie filmmakers who desperately need marketing help, and it benefits passionate fans who want to be a part of the film business.

A Seekerite named Sandi is bringing the film to Denver. Seekerite James is doing the same in St. Louis. Another Seekerite in Philadelphia – in spite of having full-blown cerebral palsy, has organized not one but three sneak previews, and has convinced one of the theaters to actually book the film for a full-on run. He edited our EPK’s for our DVD extras. Superfans want to cross the line and become filmmakers. All you have to do is engage with them.

Inspired yet? You can find more great information and real experiences in the book Selling Your Film Without Selling Your Soul Presented by Prescreen releasing in September 2011. Also like us on Facebook and follow our Twitter stream #syfnotsys.