We offer a full range of affordable distribution, educational, and marketing education to independent filmmakers looking to reach out to traditionally underserved audiences. The old media includes theatrical, broadcastcable, home video. What follows should not be construed as legal advice, and you should always get legal advice before signing a contract. However, if youve been offered your first distribution deal and money is tight, these basic tips might help you reach a rough understanding of what exactly is on the table before you splash out on. A distribution contract is a memorialization of the agreement between the owner of distribution rights in a film or video usually the producer, and a company engaged in the business of marketing such works to users and purchasers usually a distributor. An even more drastic sea change, however, is promised by netflixs recently announced deal with adam sandler, which will have the comedian produce and star in four new feature films for the. Critically examining the specific terms of the distribution deal itself, cones covers gross receipts exclusions, distributor fees, and distribution. Xxx distributor distribution rights agreement this distribution rights agreement the agreement is effective as of month.
Film specific is an online, forumbased community of independent film professionals focused on helping you accelerate the financing and distribution of your films. Cj agreement shall mean collectively the theatrical distribution agreement, amended and restated as of february 10, 1999, between distributor and cheil. Film distribution agreement film distribution, film, short film. Build an audience that appreciates your music and your performances, and you are on your way to a career playing music. A brief introduction about the film distribution agreement. For educational purposes only provided by law offices of akua boyenne 310. Film financing and film distribution deals filmmaking 2. Independent filmmakers often use film festivals as an opportunity to get the attention of distributors. Both models can be good or bad, depending on how well a movie does at the box office. Jun 05, 2017 film distribution strategies to use when financing your movie jun 5, 2017 entertainment finance how an independent filmmaker chooses to make a movie is often dictated by access to money more than any aesthetic sensibilities. The right to exhibit the work in theaters open to the general public on a regularly scheduled basis where admission fees are charged to view films. Its best to sign several shorter, nonexclusive contracts so you can maximize your film s potential by distributing it on several sites, each with its own compensation deal. Indie film distribution submit your film today indie. This article is not a replacement for proper legal advice you probably wont need all of these.
Many filmmakers who give complete control of their distribution to one company end up regretting it. Boiler template of what your agreement can contain with a distribution company. Jan 24, 2018 indiefilm distribution payment waterfalls 101. So thats something of a crash course on film distribution. Film investor financing templates which documents do i need. The supplier can be an individual or business and is the party that supplies, or sells, the goods to the distributor. That is, they purchase and take title to the products and assume all the risk of reselling the products. The next likely step is the investor will request a film investor agreement contract before they cut the elusive independent film financing check. Looking to make a film but need a little help with the paperwork. In the leasing model, the distributor agrees to pay a fixed amount for the rights to distribute the film. This is the sixth of ten articles revealing the results of my survey of 1,235 film industry professionals. The 9 types of film distribution agreements forbes.
Each film has a different profile and we keep an open mind. From script to sales the investorproducerwriter must protect herhis film, documentary, music video, stage project investment from concept to distribution with. The distributor can also be an individual or a business and is the party that distributes, or resells through retail or through other. Sample template a distribution agreement is used where one party agrees to resell another partys products but does so as principal. In a rentasystem deal, a producer licenses certain film rights to a distribution company, typically a studio, for a limited term, but the distribution company is not required to. The film collaborative is the first nonprofit, fullservice provider dedicated to the distribution of independent film, including narrative features, documentaries and shorts. Stream, a corporation organized under the laws of the republic of italy, and cni europe the netherlands bv cni, a company organized under the laws of the netherlands. Jun 22, 2016 the process of film distribution is incredibly interesting and somewhat complex. But a good producers rep can not only ensure you get the best deal possible, but also that its with the best.
But remember, using model contracts with boilerplate standard provisions is like buying a suit off the rack it will need to be custom tailored to fit your specific situation. Example exhibition agreement of your film in cinemas. If the distributor and the studio have a profitsharing relationship, on the other hand, the distributor gets a percentage typically anywhere from 10 to 50 percent of the net profits made from the movie. Website features sample distribution agreements, budgets, and more. Having the backing of a major studio or a well known director or star can greatly improve the chances of securing a good distribution deal. We spoke to dozens of independent film distributors. The distribution contract should include limitations on the distributors rights to modify, edit, make deletions or changes to your work without your consent, including, for example, the addition, alteration or removal of credits. Weve painstakingly searched the internets and collected 588 free forms and contracts to help get you started. In this post, we will tell you everything you need to know about product distribution, from different distribution strategies to who is who in the industry, so you can refine your own distribution strategy to achieve peak performance on the shelf. Once a distributor is interested in a film, the two parties arrive at a. If you dont you can read all about how film profits work in an article i wrote. With several hundred articles and experts around the internet, it is difficult to make heads or tails of which toolstemplatesdocuments and professional services you need and those you may want.
During the making of the film, there are many agreements that need to be signed by the producers, and one of them is a film distribution agreement. A customized distribution strategy enables filmmakers to make the most of festivals the first avenue of distribution, choose the best distribution partners, and negotiate winwin deals. Our film financial projections template will make financing for your independent film production a breeze. There are many new distribution options for the independent producer. Agreements need to be set in place with your production team, cast and crew even from before principal photography begins. Aug 01, 2016 every filmmaking form youll ever need in 99 free templates. In a negative pickup deal, the distributor usually wants all rights, such as theatrical, cable, television, home video and vod. Licensing deals can be complex and you should be clear on the geographic locations and length of the term you are signing up for. Film investor agreement sample download, business plan template. The top of the waterfall is the money source, and the bottom of the waterfall is the filmmaker. Film distribution strategies to use when financing your movie jun 5, 2017.
You may want to start with a sample agreement or deal memo like those provided on this site, which can serve as a discussion checklist. How to get a record distribution deal our pastimes. If you have a great independent film or tv series that youd like us to consider for distribution, submit your film or tv series here indie rights, a subsidiary of nelson madison films, is a full service, global distributor with direct relationships to major distribution outlets. View sample theatrical distribution agreement boyenne law. For films, contracts serves as protection of your film and are very much necessary to make no room for misinterpretation and miscommunication of the deal at every phase of the project from preproduction until the distribution. Independent filmmaker contracts for film producers, directors, actors, investors and writers. As new distribution channels develop, new distribution companies emerge. What makes these agreements somewhat unique is that the product for sale is not a physical property, but rather intangible rights. Film financial projections template film income projections. These independentlyproduced projects are often dependent on investors or presale distribution deals selling off various foreign distribution rights to finance production. List of film distribution contracts templates for your film production company. Financing, shooting, and distributing independent and digital films designed to introduce filmmakers and others interested in creating content on the legal issues involved in the filmmaking process. For example, a presale is merely a license entered into prior to.
This is part of a series of book excerpts from the independent filmmakers law and business guide. Gone are the days when a major distributor would swoop down on your movie post sundance, toronto or cannes and offer you a universal allmedia buyout. Film distribution strategies to use when financing your movie. A complete guide to the industry business plans for filmmakers hollywood wars. Indiefilm distribution payment waterfalls 101 the guerrilla rep.
Sample allrights distribution agreement between producer. A distribution agreement, also sometimes called a distributor agreement, is a document between two parties, a supplier and a distributor. So before you decide on your film distribution strategy, make sure you take time to research your options. Distribution contracts international documentary association. This article explores the tactics and strategies that can be used to obtain a favorable distribution deal for the indie filmmaker. Indie film distribution home of indie rights indie rights. Becoming a film distributor is one way to influence the movie industry and helping great movies reach an appreciative public. Heres the distribution strategy you need before sundance or any film festival. You have a great idea for a film and now you just need to raise money to make it. This sample contract gives producers a firsthand look at what they might be looking at when it comes time to sign an allrights distribution deal with a distributor.
So for example, you want to negotiate a large advance payment, limit the scope of. Budget for film production template lovely s plan sample 80 93 uatour org. When we released our first feature on amazon and started making sales, it was hard to believe we could do so without a traditional film distribution deal. He then breaks down five major film finance distribution scenarios, explaining various distribution deals and suggesting ways of negotiating distribution. How insiders gained and maintain illegitimate control over the film industry. Distribution agreements come in many flavors, and it is important to know. As a result of internet film distribution and the inevitable demise of dvd retail distribution you can now reach a global marketplace. We provide these forms with some reluctance because using forms found online is by no means an. What to look for in a distribution contract neil oseman. Fill in the blanks and choose the terms of this international agreement that best suit your needs.
From the filmmakers point of view, you will get the best distribution deal if you have more than one distributor interested in acquiring your movie. Film production templates to start a film production company you need forms, crew contracts and agreements on a daily basis. The insiders guide to independent film distribution. In negotiating the distribution deal, the relative bargaining power of the parties is determined by the perceived desirability of the film and how much risk each party is willing to take. Film sales agency agreement film distribution, film, filmmaking.
The content of distribution deals is a bit complicated, so for the purposes of this article, ill assume you have an understanding of net and gross profits, profit points ownership models, and other similar things. But heres the rub many films that land minimum guarantees are often the same films that could probably do well through self distribution. Social media numbers have an impact on potential marketing and distribution strategies so we take that data into consideration. Commonly, the purchase price or rental fee for copies of works sold or rented to the nontheatrical market are higher than video distribution discussed below because the fee includes the. Fear not were going to break it down in very simple steps and terms. Once a distributor is interested in a film, the two parties arrive at a distribution agreement based. A geographic holdback precludes a producer from exploiting a film in other territories before a certain date for instance, a north american distribution deal may stipulate that a film cannot be distributed in any medium until three months after it. It is the distributors responsibility to create a strategy for reaching the largest paying audience possible, at the lowest cost. Contract can be used for the international distribution of different types of products such as food, textiles. While its quite simple finding a crew deal memo template online, youll need to be careful with using those because they often use certain clauses and stipulations favoring one party over the other.
But not all distributors are effective in all mediums and markets. How to distribute your short film in todays online. Orchestrating the distribution deal the most important advice i can offer to filmmakers seeking distribution is dont brag about how little money you spent to make the picture before you conclude your distribution deal. Check your distribution contract and your music contracts for this issue. Apr 09, 2018 as a result of internet film distribution and the inevitable demise of dvd retail distribution you can now reach a global marketplace.
Distribution via paycable, overtheair pay tv, master antenna, community antenna, closed circuit, multipoint distribution services and similar means where viewers pay for the right. The ability to protect your film with contracts between you, the crew, cast and suppliers is of utmost importance. Agreement samples have to be set and established among your team, actors and crew long before the actual work begins. Distribution and the indie filmmaker entertainment law. They will track the progress of your film so that they can see it as soon as it is finished before their competitors get a shot at it. Film contracts and agreements protect the rights of your film and are necessary to avoid miscommunication and risk at every stage from preproduction to distribution. A waterfall is how money from foreign sales and domestic distribution deals flows to the filmmaker. Agree on a distribution deal with the film s producer or studio. This excel template walks you through analyzing your film, comparing it to other films, movie production costs and easily allows you to add financials directly into your independent film. For the same reasons, producers need to be more engaged and better.
Please note that the distribution process well be covering is the standard. Film financing and distribution deals is an article discussing financing options for filmmakers include debt and equity financing as well as selling the film s distribution rights cash deals, negative pickup, distribution guarantee, foreign distrbitutors, and motion picture studios. To keep subscribers satisfied with the number of choices available for streaming online, netflix is constantly negotiating new licensing deals with tv shows, networks, and filmmakers. This is the agreement which is signed by distributors and producer of the film, and it involves marketing work done by the distributor. The foundation for the following information comes from the business of media distribution by jeffery c.
More details of the survey and my methodology can be found here and for any questions or clarification please contact me. You prepared your film business plan, pitched to film investors and think you are just about to receive your film financing. Dont automatically seek an allrights deal without first having a clear understanding of the full spectrum of distribution opportunities. How not to negotiate a distribution deal film independent. Sample cast member deal memo, sample crew member deal memo, sample location agreement that can be used to anticipate and avoid certain legal problems. Finders fee independent filmmaker contracts for film. Completely updated for modern distribution practices broadcast, dvd, vod, and other kinds of distribution deals new coverage on crowdfunding, social media, film marketing, and deal memos. Consider these 10 essential points filmmakers need to be aware of.
Mar 08, 2014 what are average film distribution fees. International distribution contract template download international distribution contract sample in word format. Sample allrights distribution agreement between producer and distributor this sample allrights distribution agreement is provided for educational purposes only. Our library of templates and sample agreements for talent, options, producing partnerships and distribution. In the old world of distribution, filmmakers went to festivals and hoped to get an allrights distribution deal, which had the benefit of being able to hand over the film to a specialist team who did all the legwork for them putting the film in cinemas, on tv and online. Sample allrights distribution agreement between producer and distributor. These film contract templates will give you the framework of legal agreements from locations, crew, catering to distribution deals. Film specific is an online, forumbased community of independent film professionals focused on helping you accelerate the financing and distribution of your films with training and realworld networking and support.