photo credit Leilani Holmes

Once again my friend Jon Reiss will be heading to the UK for 2 events. The first is early this week at the Edinburgh Film Festival where he is giving the keynote at Short Sighted on June 22, an event that will educate you on getting your short film distributed. He also will be doing one on one consultations  with filmmakers through Creative Scotland the next day.

He will then bring his 2 day film marketing and distribution workshop to the London Film School June 25-26. The workshop is a live step by step guide into to new world of hybrid distribution and marketing including how to create a release strategy that is unique for your film, the various markets that are available for your film, how and why to engage your audience as early as possible and how to think beyond the feature film to create new forms of content and/or to market and distribute your film. He will be joined by many special guest speakers including:

Terry Stevens from Dogwoof- Using a fresh approach, Dogwoof partners with filmmakers to help themselves giving them direct access to professional film distribution services, while letting them retain the rights to their film, controlling costs, and actually having the chance of seeing revenues and profits. The film experience is changing and they intend to help filmmakers set the new rules.  Terry will speak about a new theatrical initiative that Dogwoof is launching.

Peter Gerard and Andy Green from Distrify- Via Skype: Peter and Andy will discuss DIY digital distribution.  They created Distrify which is a revolutionary toolset for social-media marketing with sales and distribution built in. Share and embed your movie trailer with Distrify. With built-in VOD, downloads, merchandise sales, and audience engagement tools including an affiliate revenue program, Distrify makes every view of your trailer a potential transaction. Sell anything, anywhere.

Chris Jones- Chris Jones is a filmmaker and author of the The Guerilla Film Makers Handbook series and he will talk about the ever confusing world of deliverables that trips up so many filmmakers.

I will skype in to talk about creating your filmmaking brand – and promoting yourself to the world as an artist. If you have no audience around your work, you have no future. I want you to have a sustainable career.

Gregory Bayne- Gregory Bayne is a filmmaker who has run three successful Kickstarter campaigns to fund and distribute his films.  Greg will talk about the dos and don’t for a successful crowdfunding campaign.

When we were there last year, all the participants raved about the quality and quantity of information they received. I am personally in touch with many of these people to this day! It was a very inspiring workshop for me as it was the first time that I really saw people get what I was trying to say and feel excited about it and determined to undertake this work. I think there is still a lot of resistance to having to undertake both the production of film as well as the marketing and distribution of work. I will never tell you that it is easy work or that you will hear the magic piece of advice that will work for every film. Anyone who promises that is a fool. But the days of artists moaning about how there isn’t a level playing field, that studios have all the  power to reach audiences are over. ANYONE can use the tools available to make their work a success. It doesn’t “just happen,” there will be blood, sweat and tears so accept that. But if you are truly looking to take advantage of the tools available to help you and gain the knowledge of how to do it, then you shouldn’t miss this workshop.

To follow all of the workshop speakers on Twitter, here are their handles

@jon_reiss @shericandler @dogwoof @gregorybayne @distrify @livingspiritpix   (Chris Jones)

I covered this in a past entry, but more of this opinion was voiced on today’s Social Times blog. I’ve seen many new services like FlickLaunch and Dynamo Player configuring their platforms to sell on a film’s Facebook page and Warner Bros has started implementing their own Facebook movie rentals for US residents including Dark Knight, Inception, Harry Potter and the Sorcerer’s Stone, Harry Potter and the Chamber of Secrets, Yogi Bear and Life as We Know It paid for with Facebook credit or $3. I’d love to see their sales figures, but remember that a huge advertising and marketing budget was spent on these titles and they have all gone well into the DVD window and beyond. Most indie movies will not have the same kind of demand because similar marketing efforts haven’t been made .

Facebook sales will not be your biggest money maker because people do not come to Facebook to buy.

Facebook is a social platform. People come to Facebook to chat with friends, see what everyone is up to, post news about themselves. While you may have amassed a large following on Facebook, unless you are posting content of interest to your audience on your page regularly, chances are your “fans” have not been back to your page since they joined. They won’t see your fancy Welcome page or your newly constructed BUY NOW page. Most people are only reminded of you if they see your news in their news feed. The news feed is the first page everyone lands on when they go to Facebook. Sometimes they only see the Top News view, even though it is possible to change that to Most Recent, most people do not. If they haven’t visited your page in a while or commented on any of your news, your page has stopped appearing in their feed. NOTE: I am not suggesting you spend all your time shilling for your film on your Facebook page in order to stay in the news feed. A conversation with a shill is boring and a turn off.

Even though you can buy ads to drive more traffic directly to your page, it will take a significant spend to generate the number of impressions someone needs to have before they click on it. On average, an ad will be seen 5-7 times before any action is taken. Facebook is more about attracting and keeping attention that can influenced into a sale later on than it is about making a sale right now.

As the Social Times article contends, social media platforms like Facebook are the top of your sales funnel, the place where relationships and trust are built. After you have accomplished this, and it will take a while, then you can transition your audience to your own website where the sales can take place (here’s where something like Dynamo Player will work). Yet another reason to start your social media efforts and audience building WELL in advance of your finished film. This isn’t a campaign for 3 months, this is commitment for the full life cycle of your film and continues into the length of your career.

So, should you never try and sell streams on your Facebook page?

Undoubtedly there are hundreds of millions of people on Facebook and it is entirely possible that someone will try your film out if they see it’s available. If the cost to set up Facebook streaming is right (ie, low to free), you aren’t losing anything to try, but do not invest a lot in this. As DVD’s popularity continues to plummet, more and more people will be turning to online streaming rentals. Invest in having a good player on your site and spending upfront to access iTunes, Amazon, Netflix and game consoles. Spend the majority of your time and effort on your content marketing to pull you audience in, earn their trust, make them feel connected and give them viewing options.

If anyone here has implemented a Facebook sales platform for film and it has resulted in great success, let’s here about it.

A Seth Godin-ism that I recently heard on the radioLitopia site in an interview on the new face of publishing. In Seth’s view, this isn’t a bad thing, it just means roles will be redefined, responsibilities will be greater on creators (authors, musicians, filmmakers, artists in general). Nothing you haven’t been hearing me say to you for a while now. You can of course listen to the whole 30 minute interview, or you can just read these highlights I pulled out. Though he is talking about book publishing, there are many parallels with film.

-The internet has expanded the amount of content created and consumed, but it destroyed the industry In his view, we won’t create and consume less, but for the bureaucratic and scarcity driven business models that once dominated the industry, the end is near. He even recounted conversations he has had in boardrooms of publishing houses where management seems content that they will retire long before the new models are figured out. WHAT?? He thinks publishers (and I will add distributors) are woefully unprepared for their new role as connector, curator and partner to creators. Few have invested in the platforms and dialogs with consumers that will drive the new economy.

-Don’t fear price, fear clutter He sees a divide in pricing structures for books and I can see it for films as well. As more and more titles flood the market, the price you can charge becomes directly related to how similar your story is to others and how much of a following you have as an artist. Recent ebook success stories from authors Joe Konrath and Amanda Hocking show the pricing divide. While you may not have heard of either of these authors, they are cranking the $.99 ebook to six figure incomes. Higher paid authors and higher priced books come from only the very tippy top of the traditional publishing world as does comparable filmmakers and studio films. The more similar the films you are making to others already in existence, the more difficulty you will have making money. Are you telling stories anyone could tell? If so, you’d better make them cheaply because the value to the consumer is low, maybe worthless.

-The film is just the center of a conversation He said a book here, but you get what I mean. The fans need a work to be the short hand for a group of like minded people, the “in” people, the cool people. Enable your work to become the entry point to a larger conversation with you and among others. If one hasn’t seen the movie (read the book), one can’t easily join the conversation. In this way, your work spreads.

He also touched on the need for publishers to adopt a whole new way of looking at their client relationships. If an author/creator has built their own audience, created a sense of loyalty, sourced a means of distribution directly and tells one of a kind stories, what do they need a third party (publisher, distributor) for? In order to sustain and remain relevant, publishers/distributors should also be in direct contact with an interest driven audience that can be serviced by partnerships with author/creators rather than staying focused on the retail market relationship. In other words, instead of insisting authors/creators use social media to building audience relationships, they should try doing more of it themselves.

If you don’t, don’t worry many inexperienced filmmakers don’t know all that is expected either to deliver the film to a sales agent/distributor for a theatrical and/or DVD deal. But since you have elected to undertake the job of marketing AND distribution, you will need to be keeping up with these elements all along the production phase.

I asked my friend Orly Ravid from The Film Collaborative to give me a list of the kind of deliverables distributors are requesting right now in contracts. She sent me a few and they all seem pretty boilerplate similar.

Initial Delivery Items

A.            PUBLICITY MATERIAL

1.            Key Art – Physical delivery of key art in fully layered photoshop files on CD.

2.            Advertising/Publicity Material – All publicity which may have been prepared in connection with the Picture, but not less than one complete set of all advertising materials available, including, without limitation, press books, posters and publicity material.  In addition, a written report of all additional photography in existence, including, without limitation, special shoots, photo agency art, etc. These materials may be delivered on CD or DVD.

3.             Artwork Images - Physical delivery of fifty (50) or more color digital images of cast/characters as they appear in the film (no behind-the-scenes) with a corresponding index in English including appropriate captions identifying the subject and scene depicted in each digital image.  Any and all approvals or other authorizations that may be required in connection with the use of said digital images will be secured and delivered.  These materials may be delivered on CD or DVD.

4.            Press Kits – Three (3) press kits which include a synopsis, production notes, biographies for key players, director, producer, screenwriter, and credit list of both cast and crew (and their English translations, if in a foreign language)

5.            Electronic Press Kit – If available, delivery of EPK Materials on Digital Betacam Videotape.

B.            DOCUMENTATION MATERIAL

1.              E&O APPLICATION – Completed and signed application for Producer’s Errors & Omissions insurance (Distributor to supply form).

2.            CAST/TALENT/PERSONNEL AGREEMENTS – Fully executed agreements for all cast, crew and other entities and related personnel who have been accorded paid advertising and/or screen credit.  For any person listed in the billing block or main titles who does not have an agreement, please deliver a signed Certificate of Ownership (form to be provided by Distributor).  ANY CAST/TALENT/ PERSONNEL AGREEMENT CONTAINING, WITHOUT LIMITATION, EXCLUDED AD OBLIGATIONS, PAID AD, KEY ART, OR ON-SCREEN CREDIT OBLIGATIONS, ARTWORK TITLE ENTITLEMENTS, CREDIT TIES, NAME AND LIKENESS APPROVALS OR OTHER RESTRICTIONS OR TIES SHALL BE DELIVERED TO DISTRIBUTOR WITHIN TEN (10) BUSINESS DAYS OF EXECUTION OF THIS ACQUISITION AGREEMENT.  If there are no such credit obligations included in these agreements, they may be delivered at any time up to the Initial Delivery Date.

(a)            Cast/Talent/Personnel Agreements must include a waiver of injunctive relief, “work-made-for-hire” language, and allow for the use of name and likeness.  If such agreements do not include the aforementioned language, Licensor will obtain signed Certificates of Ownership (form to be provided by Distributor).

(b)            Composer Agreements shall include the above-mentioned language and provide for underscoring on an all media buy-out basis (Distributor to provide a Composer Certificate of Ownership upon Licensor’s request), and evidence of payment shall be delivered for each composer of underscoring for the Picture.

(c)            Agreements shall be delivered with an accompanying English translation if not in English originally.

(d)            In the event that the Cast/Talent/Personnel Agreements for the Picture do not meet the above requirements and Licensor delivers Certificates of Ownership, Licensor will also deliver the defective Personnel Agreements if these agreements include any credit obligations, artwork title obligations, name and likeness provisions, or any other provisions that would have any bearing on the creation of artwork or marketing materials for the Picture.

3.              CREDIT INFORMATION – Statements and/or lists in English summarizing all contractual credit/likeness obligations applicable to the Picture, including, but not limited to the following.  Credits must comply with all applicable guild and union requirements, and any and all guild related waivers or determination must be obtained prior to Delivery.  LICENSOR MUST INFORM DISTRIBUTOR OF ANY EXCLUDED AD OBLIGATIONS, PAID AD, KEY ART OR ON-SCREEN CREDIT OBLIGATIONS, ARTWORK TITLE ENTITLEMENTS, CREDIT OR LIKENESS TIES, NAME AND LIKENESS APPROVALS, LOGO OBLIGATIONS, OR OTHER RESTRICTIONS, OBLIGATIONS, OR TIES RELATING TO THE CREATION OF ARTWORK OR MARKETING MATERIALS, WITHIN TEN (10) BUSINESS DAYS OF EXECUTION OF THE ACQUISITION AGREEMENT.

(a)            Screen Credits

(i)            A list of all contractual screen credit obligations.  (If there is no contractual obligation to accord a certain credit which has been accorded on screen, the “obligation” should be stated as “Licensor’s Discretion”).

(ii)            A typed list of the final main and end credits as they ultimately appear on screen.

(b)            Paid Advertising Credits

(i)            Artwork title credit obligations, inclusive of proper positioning information.

(ii)            Billing block credit obligations, inclusive of proper positioning information.

(iii)          Excluded advertising credit obligations.

(iv)            Any and all logos that Licensor is contractually obligated to include below the billing block in paid advertising, together with the underlying agreements substantiating any logo obligations, such as Sales Agency Agreements and Financing Agreements.  Any such underlying agreements shall be delivered to Distributor within ten (10) business days of execution of the Acquisition Agreement.  Logos must be provided on CD as “.psd” files in full color and B/W.

(c)            Key Art Obligations & Photograph/Likeness Approvals

(i)            A list of all cast members who are contractually entitled to appear in the key art and paid ads for the Picture, and/or whose contractual entitlement is tied to one or more other persons in the Picture, and/or who have been granted approval rights (as well as specifics regarding those rights) over the photographic images or artistic likenesses used in any artwork or marketing materials for the Picture (e.g. percentage of kills alone, percentage of kills with one other person, etc.).

4.            STATEMENT OF THIRD PARTY RESTRICTIONS – If requested, a statement in English from Licensor listing all dubbing, subtitling, editing, cutting and any other third party restrictions applicable to the Picture of which Distributor and its licensees must be aware.

5.            CHAIN OF TITLE

(a)            All documents evidencing proof of ownership and all documents evidencing proof of payment in connection with any transfer of rights (including, but not limited to, Writer Agreements, Option/Purchase Agreements, Assignments of Copyright; Assignments of Rights, etc) (translated into English if not in English originally);

(b)             A filed U.S. Copyright Registration form for the Screenplay.   If this form has not yet been submitted to the US Copyright Office, please allow us to approve the filing beforehand in order to avoid the time and cost associated with incorrect filings.  In the event that the endorsed registration form has not yet been received from the US Copyright Office (USCO), we will accept on a provisional basis a filing packet consisting of:

• a copy of the Form PA as filed, a copy of proof of payment, and a copy of the courier receipt evidencing date of submission.  When received, a copy of the endorsed Form PA must be sent by Licensor to Distributor; or
• a copy of the Form PA as filed, a receipt from Thomson CompuMark or other filing agency evidencing date of filing, and a copy of proof of payment. When received, a copy of the endorsed Form PA must be sent by Licensor to Distributor; or
• a copy of the electronic Service Request Detail from the USCO reflecting the online filing of a Form CO (equivalent to the old Form PA), a copy of the e-mail payment confirmation, a copy of USCO bar-coded Deposit Copy Shipping Slip for Deposit Copies Sent to Accompany an Electronically Submitted Application, and a copy of the FedEx Airbill evidencing shipment of the DVD to the Copyright Office. When received, a copy of the endorsed Form CO must be sent by Licensor to Distributor.

(c)            A filed U.S. Copyright Registration form for the Motion Picture.   If this form has not yet been submitted to the US Copyright Office, please allow us to approve the filing beforehand in order to avoid the time and cost associated with incorrect filings.  In the event that the endorsed registration form has not yet been received from the US Copyright Office (USCO), we will accept on a provisional basis a filing packet consisting of:

• a copy of the Form PA as filed, a copy of proof of payment, and a copy of the courier receipt evidencing date of submission.  When received, a copy of the endorsed Form PA must be sent by Licensor to Distributor; or
• a copy of the Form PA as filed, a receipt from Thomson CompuMark or other filing agency evidencing date of filing, and a copy of proof of payment. When received, a copy of the endorsed Form PA must be sent by Licensor to Distributor; or
• a copy of the electronic Service Request Detail from the USCO reflecting the online filing of a Form CO (equivalent to the old Form PA), a copy of the e-mail payment confirmation, a copy of USCO bar-coded Deposit Copy Shipping Slip for Deposit Copies Sent to Accompany an Electronically Submitted Application, and a copy of the FedEx Airbill evidencing shipment of the DVD to the Copyright Office. When received, a copy of the endorsed Form CO must be sent by Licensor to Distributor.

(d)            Title Report dated within sixty (60) days of Delivery, and a Title Opinion, if available;

(e)            Copyright Report dated within sixty (60) days of Delivery; and

(f)            Two (2) original Certificates of Authorship.

6.            IRS FORMS:

• For domestic licensors, one (1) completed and signed original Form W-9.
• For foreign licensors, one (1) completed and signed original Form W-8BEN.  Distributor will provide all foreign licensors with full instructions on how to correctly complete this form.

7.            FACT SHEET:  One (1) completed original Fact Sheet in English.

COMPLETE DELIVERY ITEMS

A.            FILM AND VIDEO MATERIAL:

1.              Pre-Print Elements

(a)            Lab access to the 35mm fully assembled original negative, if available

(b)            Lab access to the 35mm Interpositive of the full feature, if available

2.            Videotape Elements

(a)            Physical delivery of the following high definition (“HD”) videotape masters:

For 1.85:1 or 1.78:1 films:

HD Cam SR 16:9 (1.33 side-matted)

HD Cam SR 16:9 full frame (1.78)

For 2.35:1 (or other scope measurement) films:

HD Cam SR 16:9 (1.33 side-matted)

HD Cam SR 16:9 full frame (1.78)

HD Cam SR 16:9 (2.35)

Each HD videotape master shall be recorded at 1080/23.98Psf. Each HD videotape master shall have the 2-track LT/RT printmaster on channels 1 and 2, and the 2-track LT/RT M&E on channels 3 and 4, and the 5.1 Printmaster on Channels 5-10. Textless backgrounds for the main, insert and end titles shall appear sixty (60) seconds after Picture in each videotape master. The textless backgrounds shall be color corrected to match the corresponding texted shots.

(b) Physical delivery of a Digital Betacam NTSC broadcast quality 16×9 anamorphic videotape master (respecting the original aspect ratio of the film) and 4×3 1.33:1 master with stereo mix on channels 1 & 2 and separate music and effects on channels 3 & 4 and the textless background sections included after the Picture. These elements may not be conversions.

(c)            Physical delivery of the following Sound Elements on DVD-R, DA-88 or Magneto Optical Disc or Harddrive conformed to the final version of the Picture:

Stereo 2 track Printmaster

5.1 Printmaster

5.1 M & E printmaster w/ Dialogue Guide on Ch. 7 and Optional Audio on Ch. 8

Separate Dialogue, Music and Effects Stereo Stems

Separate Dialogue, Music and Effects 5.1 Stems

3.              Promotional and DVD Added Value Materials – Licensor shall deliver a minimum of twenty (20) minutes of added value materials for promotional purposes or for the DVD release, including, without limitation, all outtakes, deleted scenes, and trims, soundtracks (whether negative, positive or magnetic) produced for or used in the process of preparing the Picture, “Making of”/ “Behind the Scenes” featurettes, storyboards, interviews, alternate openings/endings, or commentaries.  Additionally, Licensor shall deliver all added value materials resulting from any theatrical release of the Picture, whether inside or outside the Territory. Should Distributor elect to create extra commentary or other added value content in connection with the video release of the Picture, Licensor shall cause the individuals listed in Paragraph 1 of the Agreement (i.e., the director, stars, and producers of the Picture) to render services in connection therewith. Delivery of A/V materials shall be on HDCam (if available) with Stereo Comp on Channels 1&2 and Separate Production audio and Music as .wav/.aiff files delivered on DVD.

4.              Foreign Language Dub Versions –

(a)            If available, physical delivery of the Neutral Spanish (i.e. non-Castilian) overlay.

(b)            If available, free access to the Neutral French (i.e. non-Canadian) overlay.

5.              SHOOTING SCRIPT

(a)            Physical delivery of the final shooting script of the Picture.

(b)            If available, physical delivery of the final shooting script of the Picture on disk.

6.             DIALOGUE CONTINUITY/SPOTTING LIST

Combined dialogue action continuity and spotting list containing all spotted dialogue, narration, sound vocals, all opening titles and complete end credits appearing in Picture, as well as a cut-by-cut description of the action of the Picture in its final form, with footage and frame counts showing footage in, footage out and total duration of each line of dialogue (translated into English if not in English originally).

B.            TRAILER MATERIAL:

1.              Videotape Elements

(a)            Physical delivery of a Digital Betacam NTSC broadcast quality videotape master with stereo mix (if applicable) on channels 1 & 2 and separate music and effects on channels 3 & 4 and the textless background sections (if applicable) included after the Picture.

(b)            Physical delivery of Sound Elements on DA-88 or Magneto Optical Disc conformed to the final version of the trailer, with separate Narration, Dialogue, Music, and Effects tracks.

2.              Foreign Language Dub Versions – If available, free access to the Neutral Spanish (i.e. non-Castilian) overlay.

3.              Foreign Language Dub Versions – If available, free access to the Neutral French overlay.

4.              Dialogue Continuity/Spotting List – Required only if Distributor uses Licensor’s Trailer.

Combined dialogue action continuity and spotting list containing all spotted dialogue, narration, sound vocals, all opening titles and complete end credits appearing in Trailer, as well as a cut-by-cut description of the action of the Picture in its final form, with footage and frame counts showing footage in, footage out and total duration of each line of dialogue (translated into English if not in English originally).

C.             DOCUMENTATION MATERIAL

1.              MUSIC DOCUMENTATION

(a)            Music Cue Sheet – A Music Cue Sheet in English stating for each composition in the Picture: the title, the composer(s), publisher(s), copyright owner(s), performer(s), arranger(s), usage, performing rights society, timecodes indicating where each cue appears in the Picture (“ins” and “outs”), as well as the film footage and running time.

(b)              Music Licenses – Fully executed synchronization and master use licenses on an all media buy-out basis for each item of licensed music used in the Picture with the Term stated as “in perpetuity” and the Territory stated as “the world” for each license.  Evidence of payment under each synchronization and master use license and composer agreement shall also be delivered.  Licenses and Agreements shall be translated into English if not in English originally.

2.              CERTIFICATE OF ORIGIN – One (1) notarized original of a Certificate of Origin.

3.              MPAA RATING – A paid rating certificate from the Motion Picture Code and Rating Administration of America, Inc., no more restrictive than R.

4.              GUILD AFFILIATION LETTER – A letter in English, signed by the producer or director of the Picture setting forth all United States and foreign guilds and unions whose members rendered services on the Picture (for specific guilds, see below). If none, then a letter in English, signed by the producer or director of the Picture setting forth that no members of any United States or foreign guilds and unions rendered services on the Picture.

(a)            SAG:  If the Picture was produced under the jurisdiction of SAG:  Completed copies of the SAG “Final Cast Report” covering all actors engaged on the Picture, including without limitation actors rendering singing, looping and “voice-over” services in post-production. (b)            DGA:  If the Picture was produced under the jurisdiction of the DGA:  The name, social security number, loan-out information (where appropriate) and job description of all DGA members engaged on the Picture; and the DGA approval of the final main and end title credits, signed by an authorized representative of the DGA.

(c)            WGA:  If the Picture is subject to WGA jurisdiction:  The name, address, social security number and loan-out information (where appropriate) for all writers receiving credit on the Picture; a copy of the final WGA notice of final determination or credit on the Picture, signed by an authorized representative of the WGA; and the WGA approval of the final main and end title credits, signed by an authorized representative of the WGA.

5.              ADDITIONAL AGREEMENTS / STATEMENTS – As applicable, copies of all agreements and documents relating to the Picture not delivered as part of Initial Delivery delivered with an accompanying English translation if not in English originally, including, but not limited to:

(a)            Minor confirmations:  If applicable, and to the extent required by applicable law, all talent agreements for all minors shall be confirmed by the court.  In the event that court confirmation is not applicable, a letter from an attorney in the jurisdiction in which principal production took place stating that the agreements are valid, binding and enforceable under the laws of said jurisdiction shall be provided.

(b)            Nudity Riders:  If applicable, all actors appearing partially or wholly nude on-screen, or in simulated sex scenes, must give written consent to such nudity.  If Talent Agreements do not include nudity language, Licensor will obtain signed Nudity Riders (form to be provided by Distributor).  However, if an actor is a member of the Screen Actors Guild (SAG), a SAG Nudity Rider must be provided even if language pertaining to nudity appears in Talent’s contract.

(c)            Clip Documentation:  If clips from other films are used in the Picture, Licensor shall provide copies of all necessary Clip Licenses, or permissions granting the rights to use the clips in the Picture (translated into English if not in English originally), and a proof of payment for each clip used.  Licensor shall also deliver a Clip Cue Sheet in English stating for each clip used in the Picture: the title of the original work, the licensor of the clip, the film footage and running time, and timecodes indicating where the clip appears in the Picture (“ins” and “outs”).

(d)            Releases – If requested, signed releases from all persons identified by name or likeness in the Picture, who do not have signed contracts.

(e)            Coverage – If requested, access to the original negative, answerprint, work picture, magnetic or digital soundtracks, filled music and effect tracks and the original sound recordings, of all alternative takes, cover shots looped dialogue lines and other materials (collectively referred to as “coverage”) for the purpose of re-transferring and / or conforming to rating requirements, broadcast standards and practices and censorship.

(f)            Dolby License – If applicable, a copy of the executed license agreement in full force and effect between the producer and Dolby Laboratories, Inc. in connection with the Picture, as well as a copy of the license with the appropriate digital entity (e.g. SRD, Sony Digital/SDDS or Digital Theater Systems).

(g)            Laboratory Access Letter – If delivering 35mm pre-print materials, Laboratory Access Letter in the form attached as Exhibit “E” to this Agreement, signed by the Licensor and each respective Laboratory and/or facility having possession of the preprint and sound materials for the Picture (all versions) and trailer(s), including film, sound and storage facilities.

(h) Negative Cost Statement – If delivering 35mm pre-print materials, a one line statement in English of the final negative cost of the Picture and signed by an officer of Licensor or a completion guarantor.

Whew! Best to print this out, organize it in a folder so you can keep track of the forms and other elements. While on bigger productions, many of the crew roles are tasked with keeping track of these items. On small productions, these things come as a surprise when they seek distribution agreements and to go back and pick these items up can be time/financially costly. Best to be prepared well in advance. Incidentally, Orly tells me that foreign distributors will often pay for delivery as part of the deal.

About half a year ago, I wrote post for Ted Hope’s Hope for Film site on the role I see film distributors taking in the future; their new business model. I want to revisit that post again since I read this post on the O’Reilly site called Publishers: What are they good for? in which the same kind of discussion is going on, but for the publishing world.

In my post, I suggested that distributors should concentrate more on building an audience for themselves, building a brand around the type of content they distribute and that content should be clearly defined, not appeal to a wide audience. The O’Reilly piece reminded me of another role they could fulfill when dealing with creators; that of a service instead of rights holder. In order to evolve and survive, I think film distributors should be offering their expertise in audience research and outreach, marketing, advertising, sales, booking, online distribution etc as a paid for service. All of the things that creators need, but are not expertly versed in. The rights would stay with the creator.

Some may say they do this now and some companies do, but the vast majority are still buying rights and imposing a distribution process on creators that is simply not needed. Access to distribution is wide open, easy to obtain. It is attention that isn’t easy to obtain.  While there are some hold outs like iTunes who will only deal with aggregators (which is largely a service agreement for the creator), those will only remain for a little longer as more and more portals will open and more and more viewing devices catch on with consumers or as creators will distribute direct to audience themselves with new tools.

Also mentioned in the O’Reilly post is the role of cheerleader.  This cannot be underestimated either. In my business model post, I offered that distributors become the outlet for specific types of content created by filmmakers whose style or penchant for a certain subject would be a source of material to populate the distributor’s offerings. The distributor would then have an interest in encouraging that filmmaker in their creation efforts, pushing them to make their best work, helping to craft it by being a sounding board, much like an editor is in the publishing world. A feeling of mutual trust and dependency would form long lasting partnerships that could be financially beneficial to both. As it stands now, there is no loyalty, no trust in the industry from either side.

The savvy distributor would build a profitable ecosystem that includes benefits for all involved; the creator, the distributor and the audience.

I want to focus on how to rehabilitate the film distribution entities so that they may continue to exist. I know what you are thinking “What’s she on about? We’re fine. We survived the latest shake out and are all the stronger for having less competition.” I am here to tell you that is fallacy. The old ways of bringing films to market are fading fast and it is time to reinvent your business. I want to acknowledge my gurus Gerd Leonhard, Seth Godin and Clay Shirky (though he is more my go to guy on all things having to do with immersive storytelling and audience collaboration) for being a constant source of inspiration for me in looking toward the future of media.

When Ted announced on his Facebook page that he would take part in a panel discussion at the upcoming Woodstock Film Festival concerning the new distribution paradigms, I had to look at who would be involved in this discussion. What people and companies would be taking part who are practicing radically changed business models for film distribution? It was as I thought; none. I posted a link on his page (http://www.techdirt.com/articles/20100326/1452138737.shtml) asking all involved in the discussion to read it and then talk about how they see the new paradigms. I don’t know if anyone did, but I did get a response from Dylan Marchetti from Variance Films explaining to me how his company functions to actively engage audiences for films they’ve booked in the theater. It was a lengthy exchange that resulted in my writing this post. I don’t think he read the article before he spoke because the point of that piece was to inform on how businesses need to form ecosystems around their companies, not continue only to sell copies of the content they distribute. Distribution companies should not be focused on selling copies, either for viewing or for owning. They should be selling access, creating networks of devoted fans around their brand and developing customized experiences instead. In other words, selling things that cannot be copied. This means they must first gather and cultivate a community of engaged followers and then develop, acquire, produce, and source material with only these people in mind.

Of the companies taking part in the Woodstock panel, I would say only Cinetic with their Film Buff organization has started with the potential to do this, but rather than building an engagement platform, they have merely built another online distribution portal (like so many others in existence that consumers have never heard of) to put copies out on the internet. Actually you can’t see any of the films on the site, it just directs you to their existence on VOD channels. Their “community” engagement is only a call for an email address so that they may send marketing messages. What is communal about that? What connection would a consumer have to the company itself besides advertising? None. Cinetic has no idea who these people are, what drives them, motivates them, interests them. It is not fair to pick only on Cinetic, I can’t think of a single distributor currently connecting directly with audience who can answer those questions. Troma comes to mind as a distributor with a very clear brand identity but even they are not directly in dialog with their audience. All current distributors are far too dependent on push marketing, usually hired from outside the company, and sourcing films purely on guesses based on audience reactions at festivals , favorable press or from hottest trends in market research. Every investment prospectus will tell you future earnings are not indicative of past performance, so why is that how decisions are continually being made?

What would I suggest for these companies? First, a total rethink of what business they’re in. Distribution of goods is no longer needed from you. You should not think of yourselves in the film distribution business because distribution has become easy to access by anyone online. (I know Dylan, you’re not online, but art house theater days are numbered too). Attention getting is now your main role. But from whom? If you don’t have a following as a company, a deep relationship with a community, how will you get attention and keep it? By building a tribe around the people in your company and, in turn, the company brand itself. This starts by identifying what kind of group you appeal to or want to appeal to, actively seeking them out and forging those deep connections. At first, this will mean attracting people through outside means, appealing through media and various outside groups to introduce yourself. Eventually the effort to enlarge the circle will be done by the community members, but until you have one, you must do that work.

Often, in a rush to monetize, companies jump right over the relationship building. The dismal failure of paywalls in newspaper circles only serves to prove my point. They did not build up an engaged community first, and then ask for payment. They falsely thought that their paper subscribers would be willing to continue the previous paid relationship even after it was possible to get most of the news stories from aggregators for free online. There is a great video from Jeff Jarvis explaining the new business models for newpapers here (http://www.youtube.com/watch?v=Jsb9NfJmqPY&) and lots can be gleaned from it for all corporate endeavors.

The reinvention

“The future leaders in business will be connectors, not directors”-Gerd Leonhard
The new model will be to build and foster a community around the brand as a company and to be in the entertainment fulfillment business. This community will have interests that the company can fulfill and that is the company’s ONLY function. To try and serve a well balanced diet of wide ranging content is to spread too thin and attract no one. Mass is not your target.
You will be a resource to your community not only in entertainment but in anything that interests them. This means you MUST know what “that” is. Is it books, is it music, events, clothes, games, causes, other similar tribes? These will be your other revenue sources as you create a network of interconnection with other companies who have their own niches, their own tribes. Also, consider enabling community members to profit in what you have sourced, to be affiliates and to create networks of their own. The network will feed each other spreading the brand even further.

A key part of your site will be to connect your community to each other. Some companies have sites where they connect to the user, but they don’t allow for intraconnection and some networking platforms are merely housed on a company website but members are never engaged by the company, merely left to use the tools as they see fit. Listening and collaboration will be cornerstones for this model to work. This isn’t work to be left to interns, by the way, but by those in power within the company.

You will also partner with other tribes of like minded individuals. Through these interactions, you tribe influence grows. There is no need for shouting out messages, gaining favorable PR placement, buying media for attention or forcing members to spread the word. If you are fulfilling their needs admirably, they will do it. You will however, generously reward those members in your community who do enlarge your circle. Instead of paying large amounts of money to outside companies to get “buzz” and “traffic,” you will invest that money in building experiences tailor made for your community. Development of experiences can only be done from active participation in the community and collaboration with them.

This model is far simpler to run as you won’t be going for masses, you will only cultivate your community. It will be labor intensive work, but not prohibitively expensive. You will need to develop tools so that the tribe members can speak to each other and so that they can spread the word to their friends easily. You should be facilitating sharability at all times, not closing it off and being insular.

The filmmaker/artist whose content you will source (not acquire as creators will have an equal partnership in your tribe) will be encouraged to participate with the community. In fact, if they will not, then their work is not very attractive to your community. Engagement at all times is key, this is no place for egos.

How To Make Money?

It may be that while you are in audience building mode, you will be spending more than making to develop a truly exceptional experience for your community. If you start this now before your entire business collapses, you will fare better.

-Create an online experience that makes the lives of your community better, easier, richer and be the number 1 site they visit for news, information, resources and community tailored to what interests them.

-Fill the vacuum of the lack of curation. People are confused by where to find things they like and overwhelmed by the choice. In a sea of content, be their favored destination. In this way, you can take on the likes of Netflix, a company that offers a huge range that makes finding content specific to personal interests nearly impossible because they don’t intimately know who their customers are. You will know this.

-Lock in the community by maintaining a dialog that will turn their initial attention into a revenue stream for your brand. A subscription model is what you should aspire to, but you cannot rush to that without first showing what you have to offer and reeling them in. First offer the ability to sample, share and then buy.

-Innovate in the online experiences you build to keep the community engaged and interested in making the circle bigger for you and for them. Incentivize those who are the most active at enlarging the community. Take the money you would have spent on outside marketers and use it to think of interesting incentives for your tribe.

I fear the problem for all of you will be waiting to see if another business model becomes successful before you decide to reinvent your own. This is extremely detrimental because waiting only results in being that much further behind. The first ones to embrace a new model win. It is why Netflix beat out Blockbuster. By the time Blockbuster conceded the model Netflix forged was legitimate, they could never catch up. Entrenched companies usually misjudge the speed with which change happens. Now is the time.

Part 2 of a 10 part series sees filmmaker/author Jon Reiss giving us answers to the most asked about questions regarding the new role on a film production, the PMD or Producer of Marketing and Distribution, that he coined in his book Think Outside the Box Office.

What are the responsibilities of a PMD?

The responsibilities of a PMD are wide and varied. Not all films will utilize all of these elements (since every film is different and will have a unique approach to distribution and marketing), but each should be considered when strategizing and planning for the film’s release.

1. Identify, research and engage with the audience for the film.

2. Develop a distribution and marketing strategy and plan for the film in conjunction with the key principles of the filmmaking team. Integrate this plan into the business plan for the film.

3. Create a budget for the M&D plan.

4. As needed and appropriate strategize and implement fundraising from the audience of the film in conjunction with or in replace of traditional financing which would include: crowdfunding, organizational partnerships, sponsorships and even modified versions of traditional fundraising.

5. Assemble and supervise the necessary team/crew elements to carry out the plan which can include social media, publicity, M&D production crew for extra diagetic material, key artists, editors, bookers etc.

6. Audience outreach through organizations, blogs, social media (including email collection), traditional publicity etc.

7. Supervise the creation of promotional and (if necessary due to the lack of a separate transmedia coordinator) trans media elements: script and concept for transmedia, the films website and social media sites, production stills, video assets – both behind the scenes and trans media, promotional copy and art/key art.

8. Outreach to potential distribution and marketing partners including film festivals, theatrical service companies, community theatrical bookers, DVD distributors, Digital and VOD aggregators, TV sales agents, foreign sales agents as well as sponsors and promotional partners.

Just FYI – nearly all of the above and much of 9 happen before the film is finished.

9. Supervise the creation of traditional deliverables in addition to creation of all media needed for the execution of the release as needed including:
• Live event/theatrical: Prints either 35 or Disk or Drive. Any other physical prep for event screenings.
• Merchandise: All hard good physical products including DVDs and any special packaging (authoring and replication) and all other forms of merchandise: books, apparel, toys, reproductions of props etc, and hard versions of games.
• Digital products: encoding of digital products, iphone/Android apps etc.

10. Modify and adjust the distribution and marketing plan as the film progresses as information about audience, market, new opportunities, partnerships arise.

11. When appropriate, engage the distribution process, which includes the release of:
• Live Event Theatrical – Booking, delivery, of all forms of public exhibition of the film including all elements that make the screenings special events (appearances, live performance etc.)
• Merchandise – Distribution of all hard good physical products created for the film.
• Digitally – oversee all sales of the film in the form of 0s and 1s: TV/Cable/VOD/Mobile/Broadband/Video games etc.
• This not just in the home territory – but also internationally.
• Some of these activities may be handled in conjunction with a distribution partner in which case the PMD would be supervising the execution in conjunction with that partner.

12. Ramp up the marketing of the film to coincide with the release, which includes:
• Social Media
• Publicity
• Organizational Relationships
• Sponsorship Relationships
• Affiliate and Email Marketing
• Promotions
• Media Buys (as warranted)
• Pushing Trailers and other video content
• Any specific marketing especially tailored to the film.
• Promoting and releasing trailers and other forms of video material
• Transmedia campaigns

This list should indicate how it would be difficult, if not impossible to expect existing traditional crew categories to accomplish or even coordinate the work outlined above. In addition while some of the work above is “quantifiable”, much of it is not – just like much of what a producer or even director does is not “quantifiable”.