Film Deliverables

July 21, 2009
posted by sheric

The term Deliverables will come up when it is time to sign a contract with your sales agent in order for him to find traditional distribution for your film (theatrical, DVD, VOD,  broadcast, basically public viewing of your film handled by someone else) or with a distributor directly. Deliverables refer to a list of  requirements such as print materials, publicity materials and legal documentation needed to release a film. Deliverables are the last things created by the production team and delivered to the film’s distributor, but are often overlooked by the novice filmmaker.

A deliverables list is usually extensive and can vary wildly depending on the company handling the sale. It is also an expense that is underestimated, wildly underestimated. The latest figure I heard from a professional in the industry was close to $50K and that is if you have done your post production correctly! It is an expense incurred by the filmmaker, usually up front but in rare cases the distributor will front it and take it out of the filmmaker’s cut. So what is on this list that can be so expensive?

Below, you will find a general example of the things asked for by a sales agent or distributor to release your film to the public. This is not an exhaustive list, just commonly asked items. I have heard of some lists running into 7 pages long! Some items can be negotiated. The most expensive items are the prints which can run up to the tens of thousands alone for a feature film. If your audio and sound track were not professionally cut and separated, this is a very expensive redo as well. Careful now, your head is going to spin!

This information was sourced from the Access Film Markets web site.

  • NTSC Digital Betacam master of film
  • DA88 5.1 stereo final mix master for DVD – this must be conformed in perfect synchronization complete with matching continuous time code to the Digi BetaNTSC 16/9 masters above.
  • DA88 6-track 5.1 stereo digital music + effects master (configured as left / center / right / left surround / right surround / sub-woofer.) Effects must be comprehensively filled. Any contentious dialogue/vocals/songs etc that may be required for foreign dubbing should be on a separate track alongside a separate guide dialogue track.
  • DAT stereo mixdown of all source & score music recorded in the film. This must be in its raw original form – i.e. without any fades / dips etc. PLUS a fully detailed inlay card listing music titles; number; running times, etc.
  • DA88 copy of the 6trk dialogue; 6trk music & 6trk effects stereo digital f/mix ‘stems’.
  • Digi Beta NTSC master trailer
  • DA88 6-track stereo digital final 5.1 mix master of trailer
  • DA88 6-track stereo digital 5.1 music + effects master of trailer
  • The Producers grant to the sales agent access to all original source picture and audio materials for Film and trailer, and certify that the items are actually available and are sufficient to manufacture first class technical quality materials.
  • Publicity photos. A minimum of 50 different, varied and approved selected original images to be delivered on 35mm colour transparencies and on CD as High Resolution TIF files, these images to have been photographed and developed by a professional and experienced stills photographer. An itemised caption list relating to the transparencies, naming the events, action background, character, actor or crew depicted in the shot. The selection shall contain mainly major scenes and the main cast of the film as well as a few of the director and production activities. The still photographs delivered or accessed by sales agent must have full use approval, otherwise be clearly indicated as not available.
  • One line/ Short Synopsis (2 paragraphs)/ Long Synopsis (3 pages)
  • Promotional/production materials as available, copies of any and all artwork, publicity and promotional material which may have been created for the film including but not limited to production notes containing full cast/character and crew position listing and biographies of principal cast and crew, interviews, flyers and/or brochures, press books and/or press reviews, final main and end credits as they appear on the original negative.
  • Statement of all contractual screen credit obligations for the theatrical, television and video complete versions of the film to be given in paid advertising, together with a layout of the advertising copy in the form of a billing block.
  • For film and trailer, fully timed and spotted post-production dialogue continuity script containing all dialogue, narration, song vocals as well as the image and sound description corresponding to the final composite release print including the main and end titles and any sub-titles or other text that appears. If the dialog of the film contains any local colloquialisms, mannerisms or any other language other than English, the continuity is to contain a literal English translation.
  • Music cue sheet (for film and trailer) detailing all music contained in the picture (including title, composer/arrangers, publishers, copyright owners, performers, pre-recorded source references, usage category, duration and cues).
  • Electronic Press Kit (EPK) on NTSC Digital betacam with Stereo Full Mix on tracks 1&2 and Stereo Music & Effects on tracks 3&4; fully cut mixed and assembled promotional tape containing no less than 30 minutes footage of cast and crew interviews, behind the scenes footage, and ‘making of’ footage pertaining to the Film. The EPK should also contain some selected scene clips from the film, the final trailer and any available TV spots that can be used for promotional purposes. Access shall be provided to the source tapes and audio from which the EPK was edited and created.
  • DVD extra material including but not limited to any deleted scenes, actor or director’s commentary, camera, VFX, screen and audio tests etc.
  • Sample poster
  • Certificates Of Origin/Nationality.
  • Copies of all documents evidencing Chain of Title including proof of ownership, proof of payment and transfer of rights and, if Sales agent so requires, an independent legal opinion from a reputable lawyer qualified in the relevant jurisdiction confirming that the Chain of Title is satisfactory and adequate.
  • One fully-executed copy of the applicable Dolby Licenses in force and effect between the Producer and the sound laboratory(ies) in connection with the Feature & Trailer, (if applicable).
  • Copy of censorship rating (if obtained). 
  • Final shooting script.
  • Contact list for principal cast and crew.
  • Copies of all fully executed music synchronization, performance and mechanical licenses pertaining to all music contained in the film.
  • Copies of all principal cast and crew’s contracts.
  • One typewritten statement setting forth any and all nudity restrictions with respect to any actor’s services with the applicable language relating to such nudity restrictions.
  • Copies of all fully executed licenses, contracts, assignments or permissions pertaining to all musical, literary, dramatic, film clip, archive footage or photographic materials contained in the film.
  • Original signed statement relating to any and all relevant dubbing restrictions, editing restrictions and subtitling restrictions excluding advertising restrictions.
  • Original signed statement of the precise theatrical running time in feet and frames, minutes and seconds and any other relevant technical data in relation to the theatrical composite release print (reel lengths, aspect ratio, sound format).
  • Original Certificate of Producer.
  • Original Certificate of Authorship.
  • Original signed Producer’s affidavit, sworn by a duly authorized officer, confirming that all costs associated with and incidental to the production of the Film, that may in any way affect the ability of sales agent to market and distribute the Film  have been paid and that there are no liens, encumbrances or claims in respect to the Film.
  • Final Certified Cost Statement. One fully-executed original copy certified by Producer’s Chief Financial Officer as being true, correct and complete accounting of the final negative cost of the Film. This item to be delivered within two months after the date of delivery of the Film.
  • Standard Producer’s Liability Insurance (Errors and Omissions Policy) covering the Film for a period of three (3) years from delivery hereunder and with Sales agent Limited and its subsidiaries, affiliates and financiers, as requested, to be named as additional insured. Sales agent acknowledges that such insurance will only be purchased in the event that it is required by a distributor.
  • One fully-executed US Form PA Copyright Registration Certificate(s) and renewal certificate(s)for the Film and for the Screenplay. Plus evidence of filing with the US Copyright Office and evidence of payment of filing fee. These items to be delivered as soon as the same is available to the Producer, the Producer having used reasonable endeavors to obtain the same as early as possible.
  • Title Material. All non-photographic material used in the photography of the main, credit insert and end titles of the Film.
  • Original signed statement of all prior distribution and exploitation rights including under another title or with additional or cut footage in any and all media and copies or summaries of agreements currently in force with regard to any such distribution.
  • Complete copy of all residual, re-use and future payment obligations, including the final cast list as prepared by the Producer’s payroll company from which all residuals are to be calculated.
  • Guild Approvals. Written statement setting forth any and all Guilds and/or Unions which may have jurisdiction over the Film, and any and all letters of approval, notices or waivers from said Guilds or Unions.
  • TV version records and documentation. One typewritten copy of a statement setting forth in specific detail all cover shots taken for the TV version of the Film, including all dialogue changes and film cuts.
  • This post is not meant to scare you away from following your artistic dreams of making a film and having it traditionally distributed. However, the film business is a business like any other and you must be prepared for the realities of it. Every deal is different and there is no set in stone contract. Make sure your deal is assessed by a knowledgeable entertainment attorney and let them advise you on what can and should be negotiated.

    I posed a question to myself because I keep hearing about how these highly successful, supposedly low to no budget films utilized low-no budget marketing methods to achieve their success. Is it really possible to market a low budget film with no noticeable marketing budget?

    This weekend I have been putting together case studies on 2 films that are often used as examples, What The Bleep Do We Know (2004) and The Blair Witch Project (1999). Both are universally regarded as examples of using online and word of mouth marketing techniques to create awareness and generate sales. Were they really low budget? How much did they spend on the production and marketing of the films versus the return?

    I started with What The Bleep because I am going to see another filmmaker this week to talk about his film with a spiritual theme and I wanted to come up with some ideas ahead of time that we could start thinking about using. At least he hasn’t started on production yet, so this is an excellent time to consider the marketing and come up with a budget and strategy.

    For those who don’t know the film What The Bleep, it is a hybrid documentary which combines documentary-style interviews, computer-animated graphics, and a narrative story that proposes a spiritual connection between quantum physics and consciousness. The plot follows the story of a deaf female photographer; as she encounters emotional and existential obstacles in her life, she comes to consider the idea that individual and group consciousness can influence the material world. Her experiences are offered by the filmmakers as an illustration of the movie’s thesis about quantum physics and consciousness. The 2004 cinematic release of the film was followed by a substantially changed, extended DVD version in 2006. *info courtesy of Wikipedia.org.

    Now, this “low budget” documentary was made for roughly $4 million and an additional $2.5 million was spent on marketing it to a very niche audience. Worldwide, both theatrical and DVD sales, the film has grossed almost $16 million and counting. So take the production budget and add an additional half for marketing! In studio numbers, $6.5 million is low budget, but to most filmmakers I know, it is the end number they are hoping to make!

    The producers of What The Bleep did initially use a variety of grassroots methods to spread the word about the film because they couldn’t find a distributor. These methods included self funded screenings, using their Ramtha School of Enlightenment connections for attendance, contacting every spiritual chat room and message board they could find online etc. They also hired a marketing company to organize further screenings, design and print posters, fliers, postcards, hired people to distribute them, entered small spiritual film festivals and won several prizes. They were rejected by all of the major film festivals in the world. Ultimately, they were signed to the Samuel Goldwyn Company for theatrical distribution and Fox for DVD distribution. I am sure the marketing budget went up significantly from there.

    Now Blair Witch.

    Figures vary, but the official production budget number released by Artisan was $350,000. Ok, that is low budget especially given that the return worldwide was close to $258 million! Marketing figures are imprecise but it has been said the filmmakers spent at least $15,000 for their website. That was a lot for the late ’90’s but they sure got a bang for the buck. The site featured all kinds of footage, “old” newspaper clips of the legend, “diaries” of the filmmakers featured, “official” police interviews about the missing filmmakers and a general blurring of the lines between fiction and reality. Very creative and effective. The site went live a year before the release of the film and 2 months before the release, MTV had devoted a whole show about the proliferation of fan sites that had sprung up on their own devoted to the film. A documentary about the Blair Witch Project was aired on Sci Fi channel and on Bravo and trailers were run on IFC. The doc must have cost additional money to make. Time on these channels must have been paid for as well. Also, they hired Louise Levison to write their business plan, so that was an initial expense. Campfire was hired for a viral marketing campaign, but it is unclear if that happened before or after distributor Artisan took over. Even so, the filmmakers have to take the marketing spend out of their cut so, in essence, they paid for it.

    What I am getting at in this query is that while there can be a low budget approach to marketing a film, the “extremely low budget success” film does not exist without a firm, focused marketing plan and budget to go along. These films did not rely solely on the marketing talents of the producers (who knows if they had that kind of background previous) or on using free labor like film students and friends. Professional talent was utilized and paid for regardless of how much money was spent on the methods.