Articles

a few pieces I've written along the way...

Mini-Bytes:

FILMMAKING CHESTNUTS

By John G. Ives

Suppose you make a movie, a perfect indie gem, raise the money from friends and local businesses, shoot guerilla style, and it works! The festivals like it, you get a producer’s rep (or not) and sell the distribution rights. Maybe you get an advance. Of course, you’ve hired a good entertainment attorney to negotiate your deal. Then what?

After you sign a distribution agreement, the next step is delivery. If you do get an advance, it will normally be paid in steps: maybe one third on signing, one third on delivery, one third six months later or on first release date. The agreement will include a list of items the distributor needs to release the film in various formats, including access to the negative, prints, video masters, cast list, cue sheets, etc. You probably don’t have most of this and have to create it; often any advance goes to cover the cost of delivery. You can negotiate down the delivery list to things they really need. Then you start assembling the deliverables – what one friend calls “delivery hell” (better than “development hell”). Since your next payment is contingent upon acceptance of delivery, you have to get the stuff done, on time, or they can back out of the deal or not pay you. (Companies of less than ideal moral stature have been known to delay acceptance to put off payment.)

Meanwhile, the distributor works on marketing strategy. If there is to be a theatrical release, perhaps a minimum number of markets, that will serve as a guide. They may decide to put the film in additional festivals, to generate positive publicity, catch the attention of specific film critics, and pave the way for opening in a particular market. The distributor works with a publicist to coordinate articles and appearances, and with a graphic artist, perhaps an ad agency, to develop the campaign, including ad slicks, poster, press kits, and other material.

What if the distributor is not doing these things? It is your job to keep pushing just as hard as when you made the film. That’s not to say you tell distribution executives their jobs; up to a point, it is best not to alienate people whose role is to sell your film and your reputation to the world. But your input can be helpful, and if they are unsure when to release the film, how much to spend, or how to market it, you should be creative, helpful, and ultimately demanding with regard to getting your film out the way you were promised it would be. Ask for meetings. Your lawyer can, under certain circumstances, push these issues on your behalf.

FILM FESTIVALS AND OTHER MARKET TRICKS

By John G. Ives

If you’ve made a feature film through a combination of aggressive persistence, nagging friends and relatives, and pulling every trick out of the hat you can think of, you’re faced with two realities. First, you’ve accomplished something wondrous; you’re a filmmaker, with a finished film, something thousands of people only dream about! The road beckons, to riches, glamour, artistic freedom, a freewheeling conversation with Quentin Tarantino... who knows? But alas, there’s the second point: you are not alone. From fifteen hundred to two thousand films a year are submitted to film festivals like Sundance, Toronto and Cannes.

The independent marketplace is booming. There are over two dozen companies handling low budget films, some owned by studios, some not, some flush with cash, some scraping by. There are more theaters willing to play these films, and a bigger video aftermarket for films that do get released. But – and it’s a big but – as a result there are far more films being released each year. Just as studio films have to succeed in the first weekend now or get pulled, the same applies to indies. A senior executive at one company once told me the most frustrating thing about today’s marketplace is it is nearly impossible to nurture a film, let it build slowly, like in the early days of the independents.

But don’t be discouraged. You’ve come this far. First of all, you need a plan. Filmmakers really should have a marketing plan before they begin filming, before they raise their money, even when writing their oeuvre. What kind of film are you making? A low cost studio film, an “edgy” indie, a made-for-cable-TV special? Is it reality-based drama, true crime, or a romantic comedy? You should be able to sum up in a line or two what your film is about, in a way that can convince film executives and someday hook the public. “Brothers McMullen Meets Good Fellas” or “Sense and Sensibility Meets Godzilla”. You should have an idea how your film will be sold, and without losing your own vision of the project, you should write it at least partly with that in mind. You should also budget for marketing expenses, screenings, publicity materials, and travel.

Even if you’ve never given all this a thought and the film is in the can, you have to know before you enter the marketplace where your film sits compared to other films. Your goal, of course, is to find a distributor, get into theaters, make a foreign deal, get it on cable or maybe try for a straight-to-video. But it helps to know what kind of film you’re selling, and then go after film companies, TV stations or other entities who have handled similar product in the past.

One way to sell your film – the best way, but only if it works – is to get into one of the top festivals. Number one is Sundance, but Toronto, Cannes, and the New York Film Festival are close seconds. Nowadays you have a lot of other choices. There’s the Los Angeles Independent Film Festival (LAIFF), New Directors/New Films, the Independent Film Market, South By Southwest, San Francisco, Gen Art in New York, as well as countless smaller fests just about everywhere. Try to find out which distributors go to which festivals. If you get in one, you might consider hiring a publicist; otherwise, create a classy looking press kit brimming with pertinent information.

If you can’t get into a festival you like, you can arrange distributor screenings in New York and L.A. It is hard to land a distributor, but because the market is so competitive, they all want to see everything. So you can get them to a screening. At this point, you might consider hiring a producer’s rep, someone who sells finished films for a percentage of the sales price (and of all subsequent revenues). Fees range from 5-6% up to 15%, but you should shop around, check references, and find out in particular what reach the rep has: can he or she get the acquisitions executives on the phone? And make a good deal for you?

As always, if you’re ready to make a deal, for distribution, representation, etc., consult a lawyer who will look out for your rights. And know your marketplace. Follow your dream, your creative muse, but understand the business you’re in.

Talking Screenplays

By John G. Ives

Congratulations! You’ve written a screenplay, or are contemplating writing one. The first thing I always discuss with clients is a non-legal issue: is the screenplay as good as you can make it? Many first time writers feel they have a good story to tell, buy a screenplay word processing program, and churn out a script. Writing a good screenplay is a long, hard process involving considerable skill. The movie business is famous for its glamour and its hypocrisy, but its readers, story editors and creative executives are serious professionals. Do not write your story just because you think it will be commercial, and never assume a film company will make yours because it is better than all those bad films that came before. You cannot write a script by formula, but there really are a number of key creative elements that go into making a good story on film and that film producers and executives look for. Learn what these are; take a good screenwriting course, read as many how-to books and actual scripts as you can, have a solid grounding in classic films, get friends to read your work and listen to their comments, and be willing to rewrite many times until you get it right.

Next, protect your rights. Register your script with the Writers Guild – it costs little, and you can register as many versions as you like. You can also file a Copyright Registration Form with the Library of Congress. Under U.S. and international law, you have a copyright as soon as you write something, but registration helps if there is a dispute. Many film companies, to protect themselves, require submission from a lawyer or an agent; some require that you sign a release. If you are asked to sign a release or waiver, consult a lawyer.

How should you get your screenplay made into a movie? Are you planning to direct it yourself? If you have no experience or training as a director, it is difficult to get a film company to finance your first effort. Even successful directors of commercials, music videos, and documentaries have a hard time selling themselves as film directors; on the other hand, film companies do sometimes make that leap and make films with first time directors.

One way to get your film made is to find an agent. This takes persistence and patience, but if you have real talent, there is an agent out there who will recognize it. The agent will want you to sign an agency agreement giving exclusive representation for two years or more, and will take a commission on all revenues you receive from your written work. Generally, agent commissions are 10-15%. Before you sign, do some checking into his or her reputation, ask for references, and about recent deals the agent has made.

Another way is to find a producer or production company you like and trust, and who shares your vision the story. The Hollywood Creative Directory lists hundreds of production companies in New York and L.A., and there are a number of good producers in New England, Chicago, Florida, the Southwest, and many other areas where people want to be in film and live where they want. The producer will submit the screenplay to film companies, or look for private equity financing. Normally, a producer will want to option your screenplay. This means you are paid a small amount to tie up the rights to your screenplay while the producer shops it around. Typically, option fees are 10% of the eventual purchase price, although first time screenwriters do option their work for less, even for free. Make sure it is for a fixed period: six months to a year is reasonable, usually with a right to renew for an additional fee. An option can be automatically exercised by payment of the negotiated purchase price. Try to be sure the producer is someone you want to work with, before deciding to take your script off the market.

Whichever route you go, consult a lawyer before you sign any contract or commit verbally to any significant deal. If you are having trouble attracting attention, enter a screenplay competition. There are many interesting competitions each year, including the AFI, Final Draft and Providence RI. There is an increasing number of film festivals, such as Nantucket, that focus on screenwriters. Of course, use any connection you can come up with to get your screenplay read. And good luck!