tfc_blog

Next week (September 15 – 19) marks IFP’s annual “Independent FIlm Week” in NYC, herein dozens of fresh-faced and “emerging” filmmakers will once again pitch their shiny new projects in various states of development to jaded Industry executives who believe they’ve seen and heard it all.

conference

Most of you reading this already know that pitching a film in development can be difficult, frustrating work…often because the passion and clarity of your filmmaking vision is often countered by the cloudy cynicism of those who are first hearing about your project. After all, we all know that for every IFP Week success story (and there are many including Benh Zeitlin’s Beasts of the Southern Wild, Courtney Hunt’s Frozen River, Dee Rees’ Pariah, Lauren Greenfield’s The Queen of Versailles, Stacie Passon’s Concussion etc…), there are many, many more films in development that either never get made or never find their way into significant distribution or, god forbid, profit mode.

So what keeps filmmaker’s coming back year after year to events like this? Well, the simple answer is “hope” of course….hope, belief, a passion for storytelling, the conviction that a good story can change the world, and the pure excitement of the possibilities of the unknown.

Which is why I found a recent poll hosted on IFP’s Independent Film Week website [right sidebar of the page] so interesting and so telling….in part because the result of the poll runs so counter to my own feelings on the state of independent film distribution.

On its site, IFP asks the following question:

IFP voting

 

Before you view results so far, answer the question….Which excites YOU the most? Now go vote and see what everyone else said.

** SPOILER ALERT — Do Not Read Forward Until You’ve Actually Voted**

 

IFP result

What I find so curious about this is in my role as a independent film distribution educator at The Film Collaborative, I would have voted exactly the other way.

I suspect that a key factor in IFP Filmmakers voting differently than I has something to do with a factor I identified earlier, which I called “the pure excitement of the possibilities of the unknown.” I’m guessing most filmmakers called the thing most “exciting” that they knew the least about. After all 1) “Crowdsourcing” seems familiar to most right now, and therefore almost routine to today’s filmmakers….no matter how amazing the results often are. 2) “Television As a Platform for Auteurs” is also as familiar as clicking on the HBO GO App….even despite the fact that truly independent voices like Lena Dunham have used the platform to become household names. 3) Cross Media Story Telling remains a huge mystery for most filmmakers outside the genre sci-fi and horror realms….especially for independent narrative filmmakers making art house character-driven films. It should be noted that most documentary filmmakers understand it at least a little better. And 4) Digital Distribution Opportunities…of course this is the big one. The Wild West. The place where anything and everything seems possible…even if the evidence proclaiming its success for independents STILL isn’t in, even this many years after we’ve started talking about it.

But still we hope.

From our POV at The Film Collaborative, we see a lot of sales reports of exactly how well our truly independent films are performing on digital platforms….and for the most part I can tell you the results aren’t exactly exciting. Most upsetting is the feeling (and the data to back it) that major digital distribution platforms like Cable VOD, Netflix, iTunes etc are actually increasing the long-tail for STUDIO films, and leaving even less room than before for unknown independents. Yes, of course there are exceptions — for example our TFC member Jonathan Lisecki’s Gayby soared to the top of iTunes during Gay Pride week in June, hitting #1 on iTunes’ indie charts, #3 on their comedy charts, and #5 overall—above such movie-star-studded studio releases as Silver Linings Playbook and Django Unchained. But we all know the saying that the exception can prove the rule.

Yes, more independent film than ever is available on digital platforms, but the marketing conundrums posed by the glut of available content is often making it even harder than ever to get noticed and turn a profit. While Gayby benefited from some clever Pride Week-themed promotions that a major player like iTunes can engineer, this is not easily replicated by individual filmmakers.

For further discussion of the state of independent digital distribution, I queried my colleague Orly Ravid, TFC’s in house guru of the digital distro space. Here’s how she put it:

“I think the word ‘exciting’ is dangerous if filmmakers do not realize that platforms do not sell films, filmmakers / films do.

What *is* exciting is the *access*.

The flip side of that, however, is the decline in inflation of value that happened as a result of middle men competing for films and not knowing for sure how they would perform.

What I mean by that is, what once drove bigger / more deals in the past, is much less present today. I’m leaving theatrical out of this discussion because the point is to compare ‘home entertainment.’

In the past, a distributor would predict what the video stores would buy. Video stores bought, in advance often, based on what they thought would sell and rent well. Sure there were returns but, in general, there was a lot of business done that was based on expectation, not necessarily reality. Money flowed between middle men and distributors and stores etc… and down to the sellers of films. Now, the EXCITING trend is that anyone can distribute one’s film digitally and access a worldwide audience. There are flat fee and low commission services to access key mainstream platforms and also great developing DIY services.

The problem is, that since anyone can do this, so many do it. An abundance of choice and less marketing real estate to compel consumption. Additionally, there is so much less of money changing hands because of anticipation or expectation. Your film either performs on the platforms or on your site or Facebook page, or it does not. Apple does not pay up front. Netflix pays a fee sort of like TV stations do, but only based on solid information regarding demand. And Cable VOD is as marquee-driven and not thriving for the small film as ever.

The increasing need to actually prove your concept is going to put pressure on whomever is willing to take on the marketing. And if no one is, most films under the impact of no marketing will, most likely, make almost no impact. So it’s exciting but deceptive. The developments in digital distribution have given more power to filmmakers not to be at the mercy of gatekeepers. However, even if you can get into key digital stores, you will only reach as many people and make as much money as you have marketed for or authentically connected to.”

Now, don’t we all feel excited? Well maybe that’s not exactly the word….but I would still say “hopeful.”

To further lighten the mood, I’d like to add a word or two about my choice for the emerging trend I find most exciting — and that is crowdsourcing. This term is meant to encompass all activities that include the crowd–crowdfunding, soliciting help from the crowd in regard to time or talent in order to make work, or distributing with the crowd’s help. Primarily, I am going to discuss it in terms of raising money.

Call me old-fashioned, but I still remember the day (like a couple of years ago) when raising the money to make a film or distribute it was by far the hardest part of the equation. If filmmakers work within ultra-realistic budget parameters, crowd-sourcing can and usually does take a huge role in lessening the financial burdens these days. The fact is, with an excellently conceived, planned and executed crowdsourcing campaign, the money is now there for the taking…as long as the filmmaker’s vision is strong enough. No longer is the cloudy cynicism of Industry gatekeepers the key factor in raising money….or even the maximum limit on your credit cards.

I’m not implying that crowdsourcing makes it easy to raise the money….to do it right is a whole job unto itself, and much hard work is involved. But these factors are within a filmmaker’s own control, and by setting realistic goals and working hard towards them, the desired result is achieved with a startling success rate. And it makes the whole money-raising part seem a lot less like gambling than it used to….and you usually don’t have to pay that money back.

To me, that is nothing short of miraculous. And the fact that it is democratic / populist in philosophical nature, and tends to favor films with a strong social message truly thrills me. Less thrilling is the trend towards celebrities crowdsourcing for their pet projects (not going to name names here), but I don’t subscribe to a zero-sum market theory here which will leave the rest of us fighting over the crumbs….so if well-known filmmakers need to use their “brand” to create the films they are most passionate about…I won’t bash them for it.

In fact, there is something about this “brand-oriented” approach to crowdsourcing that may be the MOST instructive “emerging trend” that today’s IFP filmmakers should be paying attention to…as a way to possibly tie digital distribution possibilities directly to the the lessons of crowdsourcing. The problem with digital distribution is the “tree-falls-in-the-forest” phenomenon….i.e. you can put a film on a digital platform, but no-one will know it exists. But crowdsourcing uses the exact opposite principal….it creates FANS of your work who are so moved by your work that they want to give you MONEY.

So, what if you could bring your crowdsourcing community all the way through to digital distribution, where they can be the first audience for your film when it is released? This end-to-end digital solution is really bursting with opportunity…although I’ll admit right here that the work involved is daunting, especially for a filmmaker who just wants to make films.

As a result, a host of new services and platforms are emerging to explore this trend, for example Chill. The idea behind this platform (and others) is promising in that it encourages a “social window” to find and engage your audience before your traditional digital window. Chill can service just the social window, or you can choose also to have them service the traditional digital window. Crowdfunding integration is also built in, which offers you a way to service your obligations to your Kickstarter or Indiegogo backers. They also launched “Insider Access” recently, which helps bridge the window between the end of the Kickstarter campaign and the release.

Perhaps it is not surprising therefore, that in fact, the most intriguing of all would be a way to make all of the “emerging trends” work together to create a new integrated whole. I can’t picture what that looks like just yet…and I guess that is what makes it all part of the “excitement of the possibilities of the unknown.”

Jeffrey Winter will be attending IFP Week as a panelist and participant in the Meet the Decision Makers Artists Services sessions.

September 12th, 2013

Posted In: crowdfunding, Digital Distribution, DIY, Film Festivals, iTunes, Long Tail & Glut of Content, Marketing

Tags: , , , , , , , , , , , , ,


Just prior to SXSW, I was contacted by a new digital distribution outfit called Devolver Digital Film who were launching during the festival. I rolled my eyes as I opened the email because frankly, digital distributors are becoming a dime a dozen and few offer anything that differentiates their services. Yes, they are all non exclusive, but most do not have much to offer in the way of audience recognition of the platform.

Film distribution in some fashion isn’t difficult to obtain anymore…but getting an audience to know a film is available, actively seek it out AND getting them to watch it is another story. So, I was intrigued to find out that Devolver is planning to help solve that problem. Devolver Digital Films is a company expansion out of video game publishing and distribution. Devolver is primarily known for the Serious Sam series of games and their success within the video game industry coupled with founder Mike Wilson’s filmmaking interests lead to a desire to use the same successful game marketing techniques for independent films.

The company’s first title, Cancerpants, is described as “a story about life, love, and a young woman’s journey with breast cancer.” Cancerpants is currently available on VOD networks Verizon and Frontier, and will reach Comcast, Cox, Cablevision, and Dish Online on June 4th. Local theatrical screenings are planned for May 30th in several cities including Grass Valley, CA (hosted by the filmmaker), Los Angeles, Austin, Houston, Oakland, and New York City.

Cancerpants film

I spoke with Andie Grace, VP of Acquisitions, and Mike Wilson, Partner and filmmaker, to hear what lead to Devolver’s foray into independent film distribution and what they plan to offer that other digital distributors don’t.

AG: “The experience that motivated the creation of Devolver Digital Films comes from the games space.  Mike is also a filmmaker and he knows what it is like to run up against the wall of getting distribution. After spending years of making the film, getting your own network together, hitting the festival circuit and landing a distributor and then they put it out, but do little to support it. Devolver Digital would never put out a game that way and now there are so many films on the digital shelves too, a small film that is great could do a lot better with a little help.

When a filmmaker’s own network is exhausted, they themselves are exhausted and ready to move on to another project, they just need a partner to be interested enough to work the title and we saw it as a niche to be filled.”

SC: “Speaking of a niche, does Devolver have a niche audience that they are serving with films? My main problem with film distributors is they don’t really have an audience for their company. They are used to speaking to other businesses (exhibitors, video stores, broadcasters), but not speaking directly to any audience for their titles. Their titles are so diverse that they don’t even really know who is watching. Will this be a unique aspect for Devolver? Is there a Devolver audience?”

AG: “Genre fans definitely stick with a label because of what the label brings them. This is definitely true in the games space. We now have many gamers saying ‘What is my favorite game label going to do with movies?’ So our aim is to keep that fanbase alive and choose films we think they will like.

A lot of counter culture films are coming our way and I definitely look at those films and say ‘I know where to find people who will like this, I know how to organize events around this.”

MW: “Our brand will be built on films that we believe we can make bigger than they would have been without our help. Decisions on films will be based purely on what we think we can do with the network we already have in place. It won’t be according to genr. Inevitably everyone wants us to do films that are considered ‘gamer’ fare.  But people who are outside of the gamer world don’t realize that gamers aren’t only into zombie movies or sci fi movies. The independent gamer tends to like lots of independent entertainment. Independent music, independent films, they tend to look a little further past the mainstream. More interesting, less predictable.  So that is what we will specialize in.”

SC: “Is there something that the filmmaker has to bring with the project? Do they have to have a certain mentality? Do you want the filmmaker to be an active participant in marketing his/her work, or are you fine with them leaving it with you to make it successful?”

MW: “There are 2 kinds of filmmakers. Those that are exhausted from making the film and just want someone to take care of the rest for them.  Some of those are very good films, but there is no promotional hook, and no niche we can tap easily. If they just want it out there, use our service to get it into the world, we’ll put it out for you and you can move on with your life.”

AG: “But we regard this as a partnership. We amplify what they have already started doing on their own. Anyone who wants to just turn tail and walk is probably not going to work well with us. Now, we do understand that by the time the film is ready for distribution, the filmmaker has already exhausted their network and they have done all they know how to do with their Facebook page or Twitter account and they need someone to help them, do it with them. It’s better for them to stay present, be there for the interviews, help craft the story, and use the opportunity to build their own brand as a filmmaker by working with us in a promotional partnership.”

SC: “What will be the range of services Devolver offers? I was thinking it was just digital distribution platforms, but you are working with Tugg to do events too?”

AG: “We will offer cable VOD and internet VOD right now. Being from the games world, we also have our eyes on gaming consoles. We will talk about the total distribution strategy based on the film. It may include using tools like Tugg to do some live event screenings rather than spending time exclusively on the festival circuit. Events can help power the VOD sales.  We also will talk about the marketing and publicity, some of the more traditional tactics. We will motivate our own networks to help with promoting screenings. By having the film on VOD when it is in theaters, we can get it highlighted in the ‘in theaters now’ sections of Amazon Instant and such.”

MW: “We are going to be direct to the platforms when that is possible, but until we build up our catalog, it isn’t realistic to think we will be big enough to negotiate direct deals with the bigger players.  With our zero overhead, we will be competitive with the percentages we take even when a third party is involved.  Plus, we’re going to help promote it which should make the revenue bigger than it would if you went through an aggregator who isn’t doing that.”

devolver logo

SC: “Do you take rights over the film or do those stay with the artist?”

MW: “We wouldn’t take all rights like broadcast network rights, or international rights at the moment. But to the extent that we do put time in to exploit on certain platforms, we want exclusivity on those. It is just bad business for everyone if you have several companies pitching the same film. As a filmmaker, I know there are distributors who want to take all rights just in case in future they want to do something with them. That is not the case with us. Our reason for existence is to avoid that scenario, we have all experienced it as filmmakers ourselves.”

“We do ask for a minimum of one year with options to extend. Most cable operators do want a 5 year minimum. We have found on the games side that there are opportunities for digital bundles and we will want to include our films in bundles without having to keep going back to ask permission. We aren’t going to be releasing 30 movies a month or anything. The films we do have are precious to us and we will be working harder to make the small amount work for us and for the filmmaker.”

SC:”Advertising and promotion aren’t free, they often make up the majority of any kind of film release. Is this a service deal agreement where the filmmaker fronts the money for Devolver to spend or is this more like a traditional distribution situation where Devolver will front the money and recoup from revenue before the filmmaker sees any profit?”

MW: “This won’t be a six figure M&A budget. It is more like soft dollars from us in our organization and network of already existing connections. This is what helps support our games as well.  Filmmakers will also be expected to help each other when they are on our label. So anything we provide from this network is just the cost of us doing business and we provide that.”

“Then, if there is an opportunity to buy into a promotional program or whatever, we’ll agree it with the filmmaker and write the check up front and share that cost. If the filmmaker gets a 60% split with us, we share the cost of the promotion.That’s the way we work in games too, it is purely situational. To the extent that they want to be involved, the filmmaker will sign off on any promotion we want to participate in and they will know the whole cost.”

“Another thing we feel is important is being completely transparent. If we do have to go through another distributor to get to a certain outlet,  I will forward every royalty statement we get from that distributor so that the filmmaker knows what the revenues were. There has just been too much damage done by ‘Hollywood accounting,’ I use that term to mean all entertainment. The games industry is as bad as any.  The little things we can do to remove any doubt about whether we are on the filmmakers team, we will do. The world may not need another VOD distributor, but one thing we will provide that others do not is transparency.  There is always room for that.”

SC: “When is the best time for a filmmaker to approach you? In preproduction? Production? Post?”

MW: “I would say in post. We’re not a production company and we aren’t trying to influence the outcome of a movie. We can’t really have a conversation about a film until we know the level of quality it will be.  Most of the people we are talking to are in fine cut or have a festival version that they still want to trim.”

AG: “We are having conversations now with people who are in post and it is pretty obvious who their audience is.  We are also talking to people who are not going on the festival circuit, they are launching straight into distribution.”

MW: “We have many dream producers coming to us who get this online promotion stuff. We want to network them all together and help to promote each other.”

SC: “How will you bring them together?”

MW: “Google Hangouts I envision. I want just these producers who all have great ideas and are on the same label to get together and brainstorm with each other. Their films are all coming out near the same timeframe so I think some great creativity and excitement will come from it. I don’t think they imagine for a minute that helping someone else will hurt their own projects. It just makes their own network bigger, by aggregating everyone’s together.These are all young, smart, tech savvy producers who want to learn from each other.”

SC: “Well, that is definitely a differentiator for Devolver! Most distributors don’t bother themselves with bring together the filmmakers  to help work with all the projects in the catalog. It means you really want to work with filmmakers who are giving, tech savvy and want to help make everyone’s work successful.”

MW: “The filmmaking process just sucks everything out of you, you are totally exhausted when finished and often you are the last man standing. The crew disappears after the wrap party. It will be great to have a company that knows this, pulls together a group of filmmakers in the same situation about to release their films and supports everyone.”

“It is really fun to be coming in at a time when we aren’t having to undo our skills. You go to industry panels where these veteran people are completely unsure of what is happening and frustrated at having to relearn everything because they are used to doing things in a certain way for many years. For us, it is exciting because it is wide open.”

I will be keeping an eye on this young and enthusiastic company. If you have a project you would like to approach Devolver Digital Films about, contact Andie Grace:

films [at] devolverdigital dot com

 

May 9th, 2013

Posted In: Amazon VOD & CreateSpace, Digital Distribution, Distribution, iTunes, Netflix

Tags: , , , , , , , ,


This article first appeared on the Sundance Artist Services blog on August 13, 2012

written by  Bryan Glick with assistance from Sheri Candler and Orly Ravid

Indie Game: The Movie has quickly developed a name not just as a must-see documentary but also as a film pioneer in the world of distribution. Recently, I had a Skype chat with Co-directors James Swirsky and Lisanne Pajot . The documentary darlings talked about their indie film and its truly indie journey to audiences.

Swirsky and Pajot did corporate commercial work together for five years and that eventually blossomed into doing their first feature. “We thought it would take one year, but it ended up taking two. I can’t imagine working another way, we have a wonderful overlapping and complimentary skill set, ” said Pajot. “We both edited this film, we both shot this film. It creates this really fluid organic way of working. It’s kind of the result of 5 or 6 years of working together. I don’t think you could get a two person team doing an independent film working like we did on day one. It’s stressful at times but the benefits are absolutely fantastic, ” said Swirsky.

According to Swirsky, Kickstarter covered 40% of the budget. “We used it to ‘kickstart’, we asked for $15000 on our first campaign which we knew would not make the film, but it really got things going. The rest of the budget was us, personal savings.”  The team used Kickstarter twice; the first in 2010 asking for $15,000 and ended up with $23,341 with 297 backers. On the second campaign in 2011, they asked for $35,000 and raised $71,335 with 1,559 backers.

The hard work, dedication, and talent paid off. Indie Game: The Movie was selected to premiere in the World Documentary Competition section at the 2012 Sundance Film Festival winning Pajot and Swirsky the World Cinema Documentary Film Editing Award . “[Sundance] speaks to the independent spirit. It’s kind of the best fit, the dream fit for the film. Just being a filmmaker you want to premiere your film at Sundance. That’s where you hear about your heroes,” noted Swirsky. “Never before in our entire careers have we felt so incredibly supported…They know how to treat you right and not just logistics, it’s more ‘we want to help you with this project and help you next time.’ It was overwhelming because we’ve never had that. We’ve just never been exposed that,” interjected Pajot

They hired a sales agent upon their acceptance into Sundance and the film generated tons of buzz before it arrived at the festival resulting in a sales frenzy. The filmmakers wanted a simultaneous worldwide digital release,  but theatrical distributors weren’t willing to give up digital rights so they opted for a self release. “There were a lot of offers, they approached us to purchase various rights. We felt we needed to get it out fairly quickly and in the digital way. A lot of the deals we turned down were in a little more of the traditional route. None of them ended up being a great fit,” said Pajot.

Several people were stunned when this indie doc about indie videogame developers opted to sell their film for remake rights to Scott Rudin and HBO. Pajot explained, “He saw the trailer and reached out a week or so before Sundance. That was sort of out of left field because it wasn’t something we were pursuing.” Swirsky added, “They optioned to potentially turn the concept into a TV show about game development…As a person who watches stuff on TV, I want this to exist. I want to see what these guys do with it.” The deal still left the door open for a more typical theatrical release. However that was only the start of their plan.

“We had spoken to Gary Hustwit (Helvetica). We sort of have an understanding of how he organized his own tours. We had to make our decision whether that was something we wanted to utilize. Five days after Sundance, we decided we would and were on the road 2 weeks after… Before Sundance this was how we envisioned rolling out…[We looked at] Kevin Smith and Louis C.K. and what they’re doing. We are not those guys and we don’t have that audience, but knowing core audience is out there, doing this made sense,” said Swirsky.

Lisanne Pajot and James Swirsky

They proceeded to go on a multi-city promotional tour starting with seven dates and so far they have had 15 special events screenings of which 13 were sold out! This is separate from 37 theaters across Canada doing a one night only event. They also settled on a small theatrical release in NYC and LA.  When talking about the theaters and booking, they said theaters saw the sellout screenings and that prompted interest despite the fact that the film was in digital release. They accomplish all of this with a thrifty mindset. “P&A was not a budgetary item we put aside and if an investment was required, we would dip into pre orders. We didn’t put aside a marketing budget for it,” said Swirsky. Regarding the pre order revenue, they sold a cool $150,000 in DVD pre-orders in the lead up to release of the film. From this money, they funded their theatrical tour.

While the theatrical release was small, it generated solid enough numbers to get held over in multiple cities and provided for vital word of mouth that will ultimately make the film profitable. The grosses were only reported for their opening weekend, but they continued to pack the houses in later weeks.”I don’t look back at the box office. The tour was more profitable than the theatrical…They both have the benefits, having theatrical it gets a broader audience. It was more a commercial thing than box office,” said Swirsky. “We are still getting inquiries from theaters. They still want to book it despite the fact it’s out there digitally,” said Pajot. “We had this sort of hype machine happening. We didn’t put out advertising. Everything was through our mailing that started with the 300 on our first Kickstarter and through Twitter,” said Swirsky. Now the team has over 20,000 people on their mailing list and over 10,000 Twitter followers.  In order to keep this word of mouth and enthusiasm going, the filmmakers released 88 minutes of exclusive content – most of which didn’t make the final cut – to their funders, took creative suggestions from their online forum and sent out updates on the games the subjects of their film were developing over the course of the two years the film was in production.

Following the success the film has enjoyed in various settings, Indie Game: The Movie premiered on three different digital distribution platforms. If you were to try and guess what they were though, you would most likely only get one right. While, it is available on the standard iTunes, the other two means of access are much more experimental and particularly appropriate for this doc.

It is only the second film to be distributed by VHX as a direct DRM-free download courtesy of their, ‘VHX For Artists‘ platform. Finally, this film is reaching gamers directly through Steam which is a video game distribution platform run by Valve. This sterling doc is also only the second film to be sold through the video game service, where it was able to be pre-ordered for $8.99 as opposed to the $9.99 it costs across all platforms. This is perhaps the perfect example of the changing landscape of independent film distribution. Every film has a potential niche and most of these can arguably be reached more effectively through means outside the standard distribution model. Why should a fan of couponing have to go through hundreds of films on Netflix before even finding out a documentary about couponing exists, when it could be promoted on a couponing website?

As they are going into uncharted territory, both Pajot and Swirsky avoided making any bold predictions.”It’s just wait and see. It’s an experiment because we’re the first movie on Steam. We’re really interested to look at and talk about in the future. I don’t want to make predictions…I do think documentary lends itself to that kind of marketing though. We’re trying to not just be niche but there is power in that core audience. They are very easy to find online,” said Swirsky.

Just because they are pursuing a bold strategy doesn’t mean they were any less cost conscious. “The VHX stuff, it was a collaboration, so there were no huge costs. Basically subtitles, a little publicity costs from Von Murphy PR and Strategy PR who helped us with theatrical. Those guys made sense to bring on,” said Pajot. “A lot of our costs were taken up by volunteers. If they help us do subtitles, they can have a ticket event, a screening in their country,” added Swirsky.

They also note that a large amount of their profit has been in pre-orders. 10,000 people have pre-ordered one of their three DVD options priced at $9.99, $24.99 and a special edition DVD for $69.99 tied with digital. While the film focused on a select few indie game developers, they interviewed 20 different developers and the additional footage is part of the Special Edition DVD/Blu-Ray. That might explain why it’s their highest seller.

All this doesn’t mean that any of the dozens of other options are no longer usable. Quite the contrary,  they have also taken advantage of the Sundance Artist Services affiliations to go on a number of more traditional digital sites. Increased views of a film even if on non traditional platforms can mean increased web searches and awareness and could be used to drive up sales on mainstay platforms.

The real winner though is ultimately the audience. For the majority of the world that doesn’t go to Sundance or Cannes each year, this is how they can discover small films that were made with them in mind. The HBO deal aside, this is bound to be one incredibly profitable documentary that introduces a whole new crowd to quality art-house cinema. “We are still booking community screenings. If people want to book, they can contact us…We are thinking maybe we might do another shorter tour at some point,” said Pajot.

Here’s to the independent film spirit, alive and well.

Update Feb 2013: The creators of Indie Game have written their own case study discussing the many tools and techniques they used. Head over to their website for the full study. 

August 16th, 2012

Posted In: Digital Distribution, Distribution, DIY, Film Festivals, iTunes, Marketing, Publicity, Theatrical

Tags: , , , , , , , , , , , , , , , , ,


By Sheri Candler

Here is the second part in a series on European distribution tools. I met OnlineFilm AG CEO Cay Wesnigk, based in Germany, while attending the FERA General Assembly in Copenhagen. Like most people in attendance, he is trying to understand the repercussions and opportunities of the online space to the film industry. His response was to come up with a solution that allows filmmakers themselves to profit and to spread their work to territories outside of their home country by using the internet.

SC: What does OnlineFilm hope to accomplish for European filmmakers and film audiences?

CW: The Onlinefilm.org System is a multilingual marketplace for films and an application service provider for digital distribution and marketing services, owned by a collective of independent producers/ filmmakers. Any rights owner from all over the world can use its technology to offer films as download to own and stream to rent or both.

To reach these goals, we want to strengthen and enlarge our network of national partners that are running the Onlinefilm.org system in their territories and run national websites that use the same technology to develop local markets. Together with our partners we want to develop new tailored ways of marketing by using social media and viral campaigning in their languages and territories and then learn from each other and teach our best practice examples to the film makers to empower them to use the onlinefilm.org system in the best possible way to market their films.

Our motto is “Films are made to be seen” and we want to make it possible for the international audience to access the films they are interested in and find those they did not know existed, helping the makers to find and access their audience.

SC: Do you think the audience is ready to start watching full length films online or on mobile devices?

It should be added to the question, “legally aquired”  films. I think it is a proven fact that our audience is watching films on those devices, just go through a train in Europe and you will notice how many people are watching films on laptops and tablets, some even on smart phones. In catalogues of supermarkets, hard disks are offered that have a connection to regular TV and a remote control as well as Network access that make it easy to bring downloaded films to the TV screens. For us, the question is not if there is an audience out there for our films, the question is, is there an audience willing to pay for them?

But there is another angle to your question,  a topic for online watching of films is the deceleration of the audience. It is difficult to watch 90 minutes linear programming with no interaction expected on a computer or tablet when the IM Messenger pops up, the Skype rings and your email program reminds you that a new mail has arrived in your mailbox…  For that we need to find ways to decelerate our audience. One is the easy connection of the device with the TV set as mentioned above. Leaning back in front of the TV with the mouse out of reach is half of the trick. The other half still has to be developed.

SC: There are already many online streaming platforms for films, many of them are free streaming and ad supported streaming. What is the plan for driving audience interest to OnlineFilm?

CW: A film is a little bit of celluloid and a lot of marketing…

We have experienced that many film-makers do not promote their films once they have upload them in to the system by using the tools and strategies actively that we supplied for them. Some of them do not even link to the films from their own homepages, let alone think about how to promote their films through other channels that would generate audiences for them.  Even a good Google ranking for film titles searches that we can supply does not bring the revenue, since for that, the customer has to know that a film exists and must actively search for it. So we have drawn the conclusion that we must act more on the filmmakers behalf to create more sales and such make the option to offer films through the Onlinefilm.org system more attractive.  One measure we took was the cooperation with other outlets and websites by offering them tailored Mediatheks for their visitors, creating more outlets and chances that audiences will find a film by chance.

The next step will be to create best practice examples through social media campaigns that will lead to more sales of the promoted example films.

We offer tools to the filmmakers to help them create their own audiences.  We offer at the same time a Platform for curators, for the hunters and collectors. They can use the search tools the site offers them to find the raw diamonds. They can browse through the categories, use our full text search in German and English or search for directors or film titles they might already be aware of.

Film of the week on the OnlineFilm homepage

The film of the week section on the landing page of www.onlinefilm.org can change its focus on three different film categorie; Docs, Short- or Feature films, or offer a mixture of all of them (default). With this preselection we want to promote films to people who just drop by our platform with no special film or interest in mind. We often change the selection and try to keep the offer interesting and diverse so every visitor should find something of interest to him and, if not, might be motivated to dig deeper into the catalogue, to find out more about its wealth of topics and genres.

In the second line “the featured films”, the recommendations also changes accordingly once a customer selects where his point of interest lies (docs, short, feature). If someone tells us he is interested in shorts, the site will offer him different shorts. If he tells us he likes docs, he will be offered mainly docs. This is how we try to keep our first time visitors on the site and offer them selected films out of our large catalogue that might be of interest for them. The more we get to know from a visitor on the site, the more we want to tailor the offers made to his interests. 

Our national portal Strategy – many different editorial lines 

If a visitor decides to “explore the Network” he will be guided to the overview map with all national sites that are active so far. He can then select one of them, where our national Partners have the editorial control, offer national content or content they consider interesting for their fellow country man. Their editorial line is subjective. They will offer the films from their country and others they have found in the system and deem interesting for their audience. We plan to extend the editorial possibilities of the partner pages so the partners will also have their own film of the week and other editorial possibilities to promote certain films on their sites.

By creating sub portals with a special focus, it is also always possible to follow a new editorial line if enough films to justify that are in the system..

Our Greek partners www.greece.onlinefilm.org  are the most advanced, they have been with us right from the very beginning of the project in 2007 and they also have made the most out of the technology that onlinefilm.org  has offered them so far. As an example, on their editors page,  they made their own sub categorisation and such made it possible to browse through the films via topics they have selected on their own.

Greek director Roviros Manthoulis’ collection page

They also have published the Roviros Manthoulis collection  and make it possible to browse through the films of this renowned Greek filmmaker. Both serve as an example for an individual editorial line of a partner portal.

Another example is Ireland.onlinefilm.org. Our Irish partner has chosen quite a ew titles from the system and publishes them on his  site. Among them a French/Greek film called IRLANDE: LA MEMOIRE D’ UN PEUPLE  about Ireland and its music in the 70s.  This film has become quite popular on the Irish website and no one in Ireland would ever have known about this document of Irish folk music if it would not have been uploaded by our Greek partner and found  and published by our Irish partner.  Also interesting to note is that our Irish partner translated the site into Gaelic language, another way to make the site something special. We use a multi language editor that makes it possible to translate any of our sites in as many languages as necessary.

Since it is always also possible for any rights owner to upload any film from anywhere, we have many films from countries where we do not have a partner installed yet. The more films we get from one country the more active our search for a partner there becomes. We always offer anyone who uploads at least 30 films to get his own Macro shop. This would entitle him also to get a promoter percentage of 8% for any customer that enters the System through his shop. If the relationship develops well and we see the person is active and well connected, he can apply to become a national partner and will then be able to also add other films he has not uploaded into his shop. If he is willing to invest into the cooperation, he can apply for full partner status that would also guarantee him part of the revenues any film uploaded from his territory might generate as a partner percentage. An example of a tailored Macro shop of a German distributor is here: www.filmgalerie451.onlinefilm.org 

This is how we slowly built our Network of national partners and built more and more local outlets with their own editorial line.

Some more examples you will find here

www.kurzfilmtage.de/videothek the Videothek of the Oberhausen Shortfilmfestibval, run with onlinefilm technology and with Onlinefilm films

www.freitag.onlinefilm.org  A videothel of a German Newspapers Website, run on onlinefilm technolog and with Onlinefilm films

SC: Is this platform mainly for German films or is the focus on all foreign language films?

CW: Any one can upload a film no matter where he or she comes from. We encourage people to upload the film in its original language version and in English. Subtitles are sufficient. More language versions can be uploaded and offered for different self chosen conditions.  We even offer a tool ( in Beta) with which one can create subtitles to a film which is uploaded into our system and save and offer them. Subtitles can also be imported into the tool and exported into many formats if produced with the tool. The subtitle tool is designed in a way that a filmmaker could ask a professional or friend in another country to create the subtitles of a film he has uploaded. We are also planning to create a system to allow a person who has created subtitles to opt in and get a piece of the revenue as remuneration for his work, any time the film is watched with his subtitles.

SC: What prices are being asked of the audience to pay?

CW: The price per download or stream is defined by the rights owner who offers the film via the onlinefilm.org system. Over the last 2 year,s the average download price per title has increased from € 2,50 (2008) to € 5,00 in 2010  and to € 6,00  in June 2011 (from a range between € 0.99  and € 16,00).  Our bestseller right now costs € 8,50 per download (around $10 USD).

SC:  How do you handle payments on the system for all different currencies? Can those not on the Euro still use the OnlineFilm system? How about those who don’t have credit cards?

CW: Right now you pay via Paypal in Euro, that works also with a credi card via Paypal guest status, then you can stream or download the film direct when redirected by Paypal after the payment is done on their server. We are looking into possibilities to offer films in different currencies viaPpaypal right now and hope to offer that kind of service in the near future!

As an alternative, we already offer payment through international bank transfer via IBAN and BIC to our account in Germany. Once the money is sent to our onlinefilm account, the buyer sends us a pdf with the view of the online money order ( screen shot or what the online banking software offers) and we sent him or her the download links via e mail or put the film for streaming into his or her account at onlinfilms under “my films” This sometimes takes a few hours to fulfill but it is better than nothing. So far it has been used mainly by Paypal haters.

SC: What is the revenue split for filmmakers? Are there any fees that have to be paid for the films to use OnlineFilm?

CW: No fees are asked just to offer the film on onlinefilm.org. If you just use the system to host trailers/teasers and use our promotion tool to send free downloads and streams to selected people, but you do not offer the film for payment to a general audience, we would ask you to pay for used bandwith and storage. But there is a free amount of traffic per month, sufficient for trailer hosting of average films, that anyone can use before that happens.

The revenue is split as follows. 51% of the turnover always goes to the producer/ rightsowner. If the rightsowner buys 1.000 shares of the Onlinefilm AG and such becomes co-owner of the system  ( option) he can get 5% more which then ads up to 56% . If he sells the film via an embedded shop or Macro shop from his own page and opts in for the affiliate percentage, he will get an extra 8% which then makes his or her revenue climb up to 64% of the sales price (the Affiiliate system still has to be implemented).

SC: What kinds of films are doing well at the moment? documentary, horror, drama? What might these successes all have in common? Do they have notable names, festival accolades, strong coproduction deals that have given lots of promotion, great mainstream media reviews?

CW: We mainly have quite old films on the platform so far, this has many reasons in copyright issues unclear, release windows and power play of the old gatekeepers trying to hinder the films going online all together. Only very few of the films could profit directly from any marketing campaigns.

The films that are successful right now have a campaign behind them or at least some promotion mostly done by the filmmaker via personal website or mailing list. The others are just occasional sales by active seekers for exactly that title. They live on their past time fame.

One very successful 15 year old film Deckname Dennis  is a first part of a film called Die Mondverschwörung presenting the same character and using the same technique, that has been released theatrically recently. Through the press the new film received and by creating a social media campaign for the new film that clearly stated its predecessor was available online (Facebook, Youtube, a website, Twitter) we made that film popular again. You might say it went viral and made quite an impressive turnover  for its rightsowner. To download the film, the price is 8,50 Euro. We were extremely happy that through a good text the director posted in the blog of a pirate site where the film was also available, we got them to link to our legal offer and take down the illegal offer. Through our link statistics, we can see that many people come from there to us.

SC: I know that the German film industry is particularly concerned about online piracy, how does a site like OnlineFilm help alleviate this concern?

CW: We do not use DRM systems simply because we do not believe in them and we do not want to make it difficult for the customers. Also we do not want to greet our customers as criminals that we do not trust. We follow the principle of “digital rights fair trade” in short “do not bullshit your audience and your audience won’t bullshit you”.  Our download is DRM free, whoever buys it will also be able to download the film again, when he needs to. He just needs to log in with his username and it will be in the “my films” section.  Since our streaming technology is “dedicated flash streaming” it is not quite as easy to save the stream as with other techniques. The stream is rented for 48 hours and usually cheaper than the download, but it can also be offered solely if people want to better protect their work and do not want it downloaded.

SC: Is there a geoblocking mechanism on OnlineFilm so that if a filmmaker has sold a online sales territory or has a sales agent looking to sell a territory, that territory is blocked? I know that many sales agents ask for a hold back timeframe on titles so they can sell those territories around the world. Is the site mainly to exploit titles that are no longer active in the marketplace? In effect, taking films out of the “library” mode and putting them back out into the marketplace?

CW: At the moment we do not offer geoblocking. Anyone half clever seems to be able to enter any system with a false IP and ridicule these mechanisms. Secondly, we think if a customer wants to legally purchase a film we should sell it to him and not tell him to go elsewhere (namely the pirate sites). We will nevertheless implement an IP scan and geolocation tools in the near future. We have to since the industry seems not to change its ways as fast as it should. We hope to be able to serve the customer by offering a revenue share with the person or distributor who has the rights in the territory where the customer comes from. But this might still take while to program and implement.

SC: Does OnlineFilm do any marketing on the part of the titles? Or is the filmmaker expected to conduct their own marketing strategy to drive traffic to the site?

CW: Onlinefilm does marketing for the site and through the many partner sites also tries to drive more traffic towards the films. We also market some titles that we select via our onlinefilm Facebook page and via the film of the week and the recommendations on the landing page. We have a space on the Kulturserver Network where we can promote individual titles.

When our staff has time left, we also try to encourage links to topic driven films from topic driven websites.  We offer marketing support for filmmakers that are open for it, but we ask for a fee if they want a campaign run by us. Then we try to build a social web campaign with them and show them how to, or do the job for them depending on their skills and time or money they want to invest.

This is something we definitely need to put more energy in because far too many filmmakers here do not know how to self promote their films and rather invest their time in making a new one.  The revenue made online with many of the films is so far not big enough to encourage distributors or filmmakers to invest a lot of time or money in extra marketing. But since we see that the turnover with  films is growing constantly, we hope that this will change and lead to an exponential growth of sales once people will be willing to invest more in marketing once they see the potential.

We are preparing a social media campaigning and online marketing handbook. At the same time we are trying to connect with people who specialize in the craft of online film marketing. We want to develop business models with them that will work for them and the rights owners possibly also on a revenue share basis.

My thanks to Cay Wesnigk for taking the time to talk with us and explain how his company is helping European filmmakers make the shift from a primarily cinema driven distribution model to an online one.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

July 25th, 2012

Posted In: Digital Distribution, Distribution, Distribution Platforms, Facebook, Marketing

Tags: , , , , , , , , , , , , , , ,


This post was originally published on the Sundance Artists Services blog on April 23, 2012. This is an interview between Rights Stuff’s Wendy Bernfeld and The Film Collaborative’s Orly Ravid on the state of digital in Europe

In the past, many new media and VOD platforms – whether based on pay-per-transaction (TVOD), subscription (SVOD), free to user/ad supported (ADVOD) or download to own (DTO) — came and went, to the disillusionment of those brave souls trying to explore and develop the new sector and audiences.

Some filmmakers, sales agents, distributors who dared to license were wonderfully pleased with surprisingly good results for particular films (and not always the same ones that were mainstream successes in traditional media), but on balance, let’s face it, most were underwhelmed with the lackluster performance or transience of the various sites, and eventually became jaded about the whole sector. But it’s no longer a viable option just to sit back.

Over the past 18 months particularly the digital/VOD sector (including internationally) has finally begun paying off well for filmmakers, producers, distributors, and sales agents… at least for those who are willing to take the time to navigate (alone or partnered with others) the complexities of the sector, play with creative ”windowing’’ while balancing opportunities from traditional media, and accept initially more modest revenues from multiple smaller deals across various platforms and regions (yielding cumulative revenues in a largely non exclusive sector).

In addition to traditional media deals and VOD deal potential with IPTV, telecom, and cable offerings, and larger American sites (e.g. Hulu, YouTube, Netflix, iTunes), your film may well find interested audiences and homes on EU/international platforms…even if not picked up in the USA.

HOW IS INTERNATIONAL DIGITAL DIFFERENT FROM THAT IN THE USA?

The EU (beyond UK) deals with multiple languages, different tastes and appetites, different windows (vs consistent release patterns/dates per country), different platforms to navigate and balance against multiple different traditional media buyers, and, to be honest in general more work for smaller potential revenues from each deal/window.

But on the plus side, films can find homes overseas in many markets and windows, even if not ending up in the mainstream or major US/UK platforms.

The UK is at the moment probably the more stable and lucrative for English (the VOD market is already very competitive, with large platforms like Netflix, Lovefilm, BSkyB, FilmFlex, iTunes, and Blinkbox) but as soon as you ripple out to EU, digital distribution will take more work and art and generate relatively less money, especially if your film is only in original English language, and not already exposed in terms of promo/PR (theatrical, DVD release in the region etc.). However, there is indeed a growing appetite by now for art house, festival, docs, quality indie films, and foreign language films, if well curated, e.g. around festivals/brands/themes rather than as one-offs.

WHO’S OUT THERE in EU and what are some of the key territories where digital is meaningful?

Digital is immediately more meaningful in the UK, France, the Nordic region, and in Benelux, where there are already pc/mobile and tech-savvy customers and a willingness to view films in English with subtitles (vs. the dubbed regions of Germany, Spain, Italy etc., where one has to invest more to get the languages to cross over).

Although publications often refer to figures noting several hundreds of VOD platforms in Europe, in my view there are only probably 100 or so that are worth talking about when discussing licensing—half of which the main revenue generators, and another half of which are still potentially significant buyers(depending on the film of course)

In Europe, as in America, transactional VOD (pay per view) platforms are more established – some regional (per country), and others multi region (e.g. Acetrax, UPC/Chello, Headweb, iTunes, Playstation Network Live, Voddler, Xbox Live). Outside of the UK, one obviously enhances possibilities if addressing customers in their own languages and tailoring content to local preferences such film classification, advertising, and general consumer and cultural tastes.

iTunes has only recently (in autumn 2011) begun to expand its footprint into Europe, including in the following EU countries: Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Netherlands, Norway, Poland, Republic of Ireland, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. Non-English stores include: Spain, France, Germany, Italy, Luxembourg, Belgium, Switzerland, and Portugal. They also just recently launched in Brazil / Latin America as well.

NETFLIX, Amazon (via Lovefilm), and Hulu are expanding their international footprint too. Netflix, for example, recently launched in UK/Eire, and is anticipated to roll into other regions such as Spain thereafter, and has already extended its occasionally original production commissioning activities to EU (e.g. Denmark – Lillyhammer deal, and more recently France (Gaumont etc) – Hemlock Grove series funding ). Lovefilm already has a presence beyond the UK (in Germany and Nordic), and is anticipated to expand regions. Hulu has not yet launched in EU but did launch already in Japan. As part of its competition rampup (in the US against Netflix in the SVOD market, it has also began commissioning original programming, (Day in the Life – Morgan Spurlock, for example, which was just picked up by Fremantle for distribution thereafter)….and also continues seeking special films or shows to do stunts around. We understand that they are trying to acquire more Spanish rights for the US…an important strategic move for other US players trying to expand their footprint in EU as well. Meanwhile in early 2012 the UK became a hotbed of activity for SVOD, with deals that would formerly have been nonexclusive (with e.g. Netflix, Lovefilm) being now struck on a lucrative exclusive basis, following the example of the competitive SVOD vs. Pay TV market in the US.

So what are the other key EU platforms? Trends?

Various international platforms are now becoming increasingly interested in licensing more art house, niche and festival films–not just mainstream titles. It is expected that some of the larger brand sites this year (e.g. those in UK like Netflix, Lovefilm, etc.) will expand the indie/art house and festival category further, and also be open to foreign language films (dubbed or subtitled as applicable per country audience as above). Most deals for art house/fest films, where not locally versioned or released in theatres or DVD, are on a non exclusive rev share basis, and in some cases where there is particular acclaim or cast, it can be coupled with a modest upfront, while if on an SVOD basis, flat fee deals apply (similar to non-exclusive Pay TV licensing deal parameters).

But in countries where the Pay TV incumbent is competing against a new web player, such as a traditional Pay TV player “vs.” SVOD (like Netflix “vs.” HBO in the US, or Lovefilm/Amazon “vs.” BSkyB in UK), as above, the fees can be more lucrative, in the form of true flat license fees in the Pay TV range. – whether on exclusive or non exclusive basis, and thus matching or exceeding the normal price ranges before the competition. As well, when competition heats up over one category of title, it’s also not unusual to have the competitors round out, extend, or diversify their consumer offer and move into other genres, to try to distinguish themselves from the competition. This is happening in more and more countries– for example the Netherlands, where HBO /Ziggo just launched in February and the local incumbent, Film1, responded by adding a branded art house/indie thematic channel (Sundance Channel).

Key note: Deals are generally non-exclusive and thus if carefully staggered, one can license the film sequentially through various windows (TVOD, SVOD, AVOD, and if applicable, DTO) and in multiple regions.

An example: one can first license a current film for transactional VOD (TVOD) on a rev share basis to cable and telecom VOD platforms (like France Telecom/Orange, UPC, etc) as well as (simultaneously) web based players (e.g. iTunes), then to subscription -based windows (premium Pay TV (e.g. HBO, Viasat) and their corresponding “TV Everywhere” offerings, thematic Pay TV, and/or standalone SVOD services . Thereafter, the film can move to other ad-supported services (free to consumer, web based, e.g. YouTube AVOD). This pattern can apply in multiple countries.

As mentioned above, there are hundreds of local European platforms —both standalone web-based services and mainstream and/or local telecom and Cable VOD platforms that have online offerings of their own. VIASAT, for example, was historically a premium pay service, but now offers not only conventional Pay TV and ”TV Everywhere” but also standalone thematic offerings to non-subscribers (SVOD to PC). Similarly, BSkyB just announced the upcoming launch of NOW TV – also aimed at non- subscribers (“Cord Nevers, and/or Cord Cutters”) – a thematic SVOD/low pay offering of films.

Opportunities will only increase in 2012 and 2013 as more from USA players, sites, and OTT box offerings beyond Netflix, Hulu, and Amazon gradually cross over to EU/international markets particularly if the new services don’t limit themselves to mainstream offerings and tastes.

Getting to the platform: As in the United States, some of the larger platforms (such as LOVEFILM, BlinkBox, Netflix, itunes) only take larger packages of films with a minimum volume, and are unwilling to deal direct with producers and distributors for “one off” deals. Until recently, most of the larger sites also focused mainly on mainstream films. In general, these services steer filmmakers towards conventional distributors, or aggregators/digital distributors like Movie Partnership (UK); but sometimes will accept dealings direct for certain films, or will go via an agent working on a flat fee basis (like Rights Stuff / Film Collaborative). In the latter scenario, the film IP remains in the filmmaker’s/distributor’s name, the money from deals flows to them directly and they get access and paid advice through third party consultants/agents/advisors.

Up until now, having had a DVD and/or local theatrical release was quite important for enhancing deals. But increasingly now online sites are willing to handle more innovative windows, e.g. premiering films online, or Day & Date with other windows (or shortly thereafter). Lesser-known or library (catalog) films can usually find a home on a non- exclusive and on ad-supported (AVOD) basis, but more current films usually start with transactional (TVOD) basis and/or subscription platforms (SVOD)… If filmmakers have titles already encoded to the expensive iTunes spec, this can be helpful in wider distribution, but it’s not essential; many digital platforms are now willing to take delivery of indie or art house films even via DVD or a hard drive/ digital master.

In terms of deal models, some aggregators (middlemen) take larger %s but then take care of all encoding and delivery fulfillment, while others who are more in an advisory or agent role take a lower share for deal making and platform access but leave you to arrange the encoding separately. In some countries (e.g. Brazil), platforms may not take English versions unless local subtitles or dubs are available, and work with distributors who create versions where necessary. These distributors co-curate packages with filmmakers based on experience of what “moves” best in the region so as not to invest in encoding or language versioning for films that may not generate enough revenue to justify it…

A side note regarding subtitling, by the way: Film Collaborative is looking into software that helps facilitate dubbing in the same voice as the actor/speaker, but meanwhile in any case, subtitling for digital is getting less and less expensive and can be done via relatively inexpensive software or labs. If one has shown a film at a film festival in another country and plans to then distribute the film there, we’d recommend you ask the fest for access to the subtitles (if cleared for other distribution). Traditionally, Nordic, Benelux, and some other regions are fine with and prefer subtitles, while others (such as Germany, Spain, and Italy) require dubbing. However, in the higher-educated arthouse/filmfest world, one can often get away with just subtitled versions even in the dubbing countries.

As indicated above, for better platform access, one may want to pick or join with new media /digital distribution specialists – particularly if your traditional sales agent or distributor, strong in conventional media (theatrical, video etc.) is however not active or savvy in the VOD landscape above (platforms, deal terms, contacts etc). Otherwise it can be a self-fulfilling prophecy that you then ”don’t make money in digital’’. It’s a balancing act of cost vs. services, and a lot of work in international!

And filmmakers, whatever you choose to do with respect to your digital distribution, do not forget that one can also reach the whole wide world via one’s own website(s) and social networking pages by utilizing DIY digital distribution services (for more on this topic please refer to numerous past blog posts about digital distribution and DIY platforms and services at www.TheFilmCollaborative.org/blog and/or the Resource Place at www.TheFilmCollaborative.org/ResourcePlace).

As for piracy: in various cases filmmakers can tap into or derive indirect benefit from these online communities. See for e.g. Sheri Candler’s case studies in www.SellingYourFilm.com, Some filmmakers partner with Bit Torrent, Pirate Bay etc to launch their films online, tapping into the audiences already there (e.g. Nasty Old People, The Tunnel, Yes Men Fix the World).

LET’S TALK ABOUT POTENTIAL FUTURE TRENDS:

Diversification, Cross Platform/Transmedia: We believe 2012 will see continued consolidation of platforms and fuller diversification within the genres offered. Also as above, some key platforms (such as Hulu, Netflix, Yahoo, Endemol/AOL, Nokia, Canal+, Orange, ARTE, Channel4, ) are now also selectively commissioning transmedia and/or branded film opportunities (YouTube has not begun funding outside US yet). New funds and educational bodies (including MEDIA, Power to the Pixel) are increasing the emphasis on digital as a 360 proposition from inception of the film production process.

Multi-Layered Business Models: Platforms’ business models are also starting to become more multi-layered to handle different genres, consumer price points, and windows. For example, AVOD platforms such as YOUTUBE and SVOD platforms such as Lovefilm are now adding premium transactional VOD (TVOD) in order to handle current films. And as above, SVOD players are expanding their offerings beyond just library titles, beginning to buy newer and newer films in order to compete against premium PAY TV. This trend is continuing in the newer launching countries, e.g. Holland and Brazil where new PAY TV and localized SVOD and AVOD entrants have launched (e.g. YouTube regional sites). YouTube is also commissioning Made for Web content (MFW), although first in English language countries.

Festivals: Some European festivals have also recently started offering select titles on a TVOD basis. Rights Stuff recently worked with IDFA.tv to put around 100 films online—some on an AVOD basis and some on a TVOD basis—and in future more will follow. Certain other festivals (such as IFFR) have also begun to follow the US festival path of offering limited TVOD around or during the festival. This can open many doors for filmmakers, but also requires careful juggling and balancing when figuring out distribution patterns for conventional vs. online and new media….the balancing act is always key.

Traditional Players add VOD as well: As to the more traditional PAY TV players, last year after EPIX began licensing international festival documentaries it then turned its focus more to co-productions instead of acquisitions. And over 2011/12,As in the US, many traditional PAY TV platforms are going cross-platform and on multiple devices (a la “TV EVERYWHERE”, and similarly the nonlinear online channels are often seeking multiple device rights and/or at least have an App). Thus balancing traditional PAY TV sale vs. digital media requires more attention in rights grants and windows, but offers more opportunity correspondingly. In terms of trends, it still seems like the bigger funds and platforms are still more focused on more mainstream content, however as above this is starting to expand in EU to a wider net of content and genres.

REGIONAL EXAMPLES: VOD LICENSING PLAYERS AND WINDOWS in EU:

For bigger indie titles and mainstream ones, there are usually about 5-8 or so VOD outlets that one can target per country. Most of these will buy TVOD rights and sometimes also SVOD and/or AVOD. Platforms include television-related services (IPTV, Telecom/Cable companies, etc), as well as online and/or mobile sites, OTT box offerings, and consumer electronic (e.g. connected TV) portals.

For e.g. in Holland, a film or TV show can have various TVOD deals, not only with MSO like KPN, Tele2, Ziggo, and UPC, but also with web based services like Cinemalink.nl (for art house), iTunes, and the newly launched service from theatrical distributor Pathé (a Rights Stuff client), pathethuis.nl a bold move by a traditional theatrical exhibitor to also launch and embrace TVOD for a fuller offer to its film-loving audience base.

That would then be then followed by Premium PAY TV and/or SVOD sales (e.g. Film1, Ziggo/HBO, Ximon, Mubi.com), then AVOD (YouTube, IDFA.tv) with various competing players per region. The same film can also attract interest of foreign platforms not yet launched in the region but scaling up behind scenes, poised to launch there (e.g. those seeking to next move after UK into, say, Spain or other Benelux regions/Nordic). And this is on top of the broadcaster based proprietary VOD services (e.g. RTLXL and Veamer (from SBS and public TV catchup sites.

There are also various local equivalents of genre sits like Fandor or IndieFlix in certain EU regions. MUBI (www.Mubi.com) (co-owned by the rights holder to one of the most expansive libraries of art house cinema, Celluloid Dreams) is technically available everywhere, and is sometimes syndicated as an SVOD channel to telecom platforms (as in the case with Belgacom in Belgium). It is also on Sony Playstation. Last we checked, 60% of its audience was the US and most of the rest in Europe. Revenues from it for our films (TFC) have been small to-date, low 3-figures but it’s a good pedigree platform and perhaps revenues will increase.

A few others in EU include e.g. Orange, Canal Plus, (France and, multi region), Telenet, Belgacom, (in Belgium), SF Anytime, Voddler Film2home, Headweb , Viasat etc in Nordic /other regions), Telefonica, … Maxdome (Germany), Sony-related Qriocity, Daily Motion (many countries in EU), Movieeurope, Zattoo. Sales agent Wild Bunch has also recently launched a platform service called FilmoTV.

And as an aside, in Brazil/Latin America, the market has been heating up intensely in late 2011/12, with various TVOD and IPTV platform launches players, as well as competitive new PAY TV and SVOD services (eg Netflix, Netmovies, Terra) springing up or extending VOD. NewPAY TV laws (from fall 2011) are resulting in more potential competition, which is good news for filmmakers seeking new audiences over there. Our recommended approach to filmmakers seeking deals in this region is to partner locally, e.g. with ELO Distribution, with whom we work traditional and non-traditional (new media) players.

These are just a few categorical examples…there are plenty more buyers and platforms emerging internationally, including consumer electronics manufacturers (such as Samsung and tablet and connected TV manufacturers in EU and internationally who are getting into the game either on the licensing front or occasionally even funding/commissioning Transmedia or mfw (Made for Web). However, these usually license fuller sites (like a Lovefilm or Snagfilms) and not individual one –off titles.

Overall, there are a lot of small markets and platforms, and all this takes a lot of work, but if one has built community around a film and awareness then the effort may pay off and add up to a nice revenue stream. Once the first deals are in place with platforms (deal structures, relationships, contacts, contracts) it’s easier to build on that and add new films to the deals with just short amendments or riders, so the effort at the front end makes years of future dealings run smoother.

TRENDS RE: OTHER GENRES:

Aside from art house, festival indie films, and docs, one area that we expect to see more SVOD licensing around is kids’ films. Various smaller sites also have a strong appetite for gay/lesbian, martial arts, and horror programming, graphic novels, and made for web/cross platform/Transmedia original productions…but one has to be selective. As to documentaries, the combination of a large number of doc sites in the EU with the heavy exposure of docs on public and conventional TV in EU means docs can be relatively harder to monetize here, unless well curated and packaged, for e.g. under a larger brand/festival, like IDFA.

WINDOWING:

Typically films follow the sequential windowing described above when moving through the Transactional, Sell Through, Subscription, and ADVOD windows. But for certain films it it can be clever and compelling to have windows intentionally reversed or out of sequence. For example, premiering a film ONLINE or day-and-date with another cross-promoted window ahead of theatrical, and heavily emphasizing social media marketing can allow producers to build (and engage with) the audience before the film is even out. The key is to know your audience and try to tailor the marketing and distribution patterns accordingly…producers can be more active these days to heighten the chances of film success.

More and more platforms are open to this REVERSE WINDOWING (which began successfully in the US, e.g. with Lars von Trier’s Melancholia), . For example, in Holland, the film Claustrophobia launched online first and its success via social networking ultimately brought it a theatrical deal. In another case, Submarine NL’s film ‘’Molotov Alva’’ (a second life documentary released online virally first) later secured a HBO sale on premium pay tv, and in another film we worked with (the documentary Surfing and Sharks), intensive social network/audience engagement before and during the film’s festival exhibitions helped not only to enhance the potential audience for the film ahead of commercial released, but also to attract wider sponsor support. Ultimately, the visible online appetite for the film (including the number of Twitter and Facebook followers amassed in a very short time) helped result in a stronger all-rights distribution deal as well.

There are various new platforms focused on these models that are launching and expanding reach in EU– e.g. EU1 (The Makers Channel), which just launched in the Netherlands and will soon expand to other EU regions. One part of the site is business-to-business (geared towards talent, directors, actors, producers, etc.) providing for online pitches and related crowd sourcing and crowd funding (like Kickstarter). The other component is business to consumer, and allows exhibition of works online, on a rev share VOD basis… which will be coupled for the first time with TVOD exhibitions on UPC/Chello/Ziggo (the Cable TV VOD platform partners) thus giving much wider audience reach than conventional web VOD to PC. In some cases films can also combine a theatrical (conventional or event theatrical local) release for the films “day and date” with or in staggered creative windows. We are working with two English film cases in NL already, and as this site expands to other regions and to wider English crossover, this will open up many more opportunities (in some ways similar to what you see already in the USA on Tribeca/Sundance with exhibitions on cable households (TVOD).

SHOW ME THE MONEY:

Even where indie features have no theatrical or DVD release, if there is some cast and acclaim from festivals, and the film is new/current, TVOD is possible . This is usually on a rev share basis (with %s ranging from 50-50 to 70-30, with various deductions to negotiate). In SVOD/PAY TV, flat fees are normally paid instead of rev share, usually, along lines of comparable non-exclusive PAY TV license fees for indies. For example, in medium sized, non-English language EU countries, we’ve seen SVOD flat fee prices range from 5K-50K per title where it’s been theatrically or DVD released, etc, while with less exposure or more niche, sometimes the flat fees can be lower and more aligned with AVOD. In AVOD, deals are usually rev-share, (50-50 to 70-30) with sometimes a small upfront fee. In a medium-sized EU region, MG’s (Minimum Guarantees), when given at all for indie film, can range from a few hundred dollars (plus rev share) to 1-2K for higher end material. The very largest platforms may get away with no upfront fees at all due to their scale and reach, but smaller EU sites may well, depending on the film, offer something modest. When you do multiple nonexclusive deals, these can add up and help defray some costs of versioning, digitization, deliveries, etc.

As to revenues generated from VOD once the license is done: again it is platform and film specific, and one cannot generalize. We’ve seen certain cases where niche foreign language art house films yielded 40K in 2 months of non-exclusive TVOD revenues across a few platforms, , while other titles from the same distributor yielded only 1-2K in the same deals/time period. Things are similar with SVOD – fees can range in one small non-English EU country from 5k to 40k for a single SVOD window license fee (non exclusive) – so the key is still in our view still to engage in a reasonable number of deals in each country across various windows, platforms and business models.

IN SUM: SOME TIPS FOR GOOD RESULTS IN DIGITAL DISTRIBUTION:

  1. We strongly advise building audience for the film before release, even while the film is still being made. Engage in social media marketing around the themes of your film and the cast: Twitter, Facebook, YouTube (promos) etc. This not only enhances the audience and reach of your film, when it is released, but potentially your distribution and/or digital deal making as well.
  2. Once a deal is done and even after the film is sold, it still helps for the producer or distributor to take an active role in social media marketing, e.g. to direct attention (via social media etc.) to scheduled exhibitions of the films on various platforms licensed. Many platforms in EU are still showing viewers EPG’s with clumsy alphabetical “listings’’(as opposed to the type of creative Netflix/Lovefilm recommendation engines and suggestions), so helping viewers find the film will in turn increase returns.
  3. As for digital deals: We’d also recommend that individual producers who cannot afford tailored individual advice consider combining forces via producer groups to collectively fund some serious upfront advice – help each other curate more attractive packages of their better material, so easier to sell on to platforms directly or indirectly – and grouped in many different ways (theme, genre, category, audience etc.).
  4. If necessary, try to have “split rights’’ deals. If the person to whom you are entrusting the film in an “all rights” deal is less strong in digital and likely to “sit on” new media rights, you can explore splitting these rights /sharing them non exclusively with the distributor and another specialized digital distributor, case by case. Rights Stuff has often done this working with sales agents and distributors and producers directly to maximize digital distribution.
  5. Work with festivals (both traditional and online), who can play an increasing role in EU as they cross over to the digital space and VOD offerings. But be careful about the scope and duration of rights granted vs. other traditional and digital media, to maximize potential in all areas.
  6. Don’t abdicate completely, ie don’t’wash your hands of the film once you put it in someone else’s hands (the conventional sales approach) – keep involved along the way, gain as much learning as possible, split revenues, resources, knowledge base, contacts … and lever the outcomes to your next and future films.

Final notes: Pricing of films on the transactional side is relatively commensurate with that in the US, however non USA SVOD and AVOD markets are smaller with lower revenue per deal. . We did not include VIEWSTER in this article but feel free to check them out. They are a consumer-facing platform that also supplies other platforms (i.e. functions like an aggregator). They seem to favor films with cast, more commercial films and those with a bigger profile. www.Viewster.com

 

May 15th, 2012

Posted In: Digital Distribution, Distribution, Distribution Platforms, Hulu, International Sales, iTunes, Netflix

Tags: , , , , , , , , , , , , , , , ,


This post by Orly Ravid was published originally on the Sundance Artists Services blog April 15, 2012

1.  CARVE OUT DIY DIGITAL:

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

No matter what, at least CARVE OUT the ability to do DIY Digital Distribution yourself with services such as: EggUp, Distrify,  Dynamo Player, and/or TopSpin, off your own site, off your Facebook page, and also directly to platforms that you can access.  Platforms and services can almost always Geo-Filter thereby eliminating conflict with any territories where the film has been sold to a traditional distributor and often times a distributor will not mind that a filmmaker sells directly to his/her fans as well in any case.

2.   PLATFORMS ≠ AGGREGATORS ≠ DISTRIBUTORS:

Platforms are places people go to watch or buy films. Aggregators are conduits between filmmakers/distributors and platforms. Aggregators usually focus more on converting files for and supplying metadata to platforms and that’s about it.  Marketing is rarely a strong suit or focus for them but it should be for a distributor, otherwise what’s the point? Aggregators usually don’t need rights for a long term and only take limited rights they need to do the job.  Distributors usually take more rights for longer terms.  Sometimes distributors are DIRECT to PLATFORMS and sometimes they go through AGGREGATORS.  It makes a difference because FEES are taken out every time there is a middleman.  Filmmakers should want to know the FEE that the PLATFORM is taking (because it’s not always the same for all content providers though usually it is other than for Cable VOD, for example) and know if a distributor is direct with platforms or goes through an aggregator.  Also, filmmakers should have an understanding what each middleman is doing to justify the fee.  On the aggregator/distributor side, we think 15% is a better fee than 50%, so have an understanding of what services are included in the fee. If a distributor is not devoting any time or money to marketing and simply dumping films onto platforms, then one should be aware of that. Ask for a description in writing of what activities will be performed.

3. THINK OF DIGITAL PLATFORMS AS STORES AND CUSTOMIZE A PLAN THAT IS RIGHT FOR YOUR FILM:

A film should try to be available everywhere however sometimes that is too costly or not possible and when that is the case one should prioritize according to where the film’s audience consumes media. Think of digital platforms as retail stores. Back in the DVD days (which are almost gone), one would want a DVD of an indie film in big US chains such as Blockbuster and Hollywood Video but especially a cool, award winning indie would do well in a 20/20 or Kim’s Video store because those outlets were targeting a core audience. With digital, it’s the same. While many filmmakers want to see their films on Cable VOD, some films just don’t work well there and delivery is expensive. Some films make most of their money via Netflix these days and won’t do a lick of business on Comcast.  Other films do well on iTunes and some die there whereas they might actually bring in some business via Hulu or SNAG. Docs are different from narrative and niches vary. Know your film, its audience’s habits and resolve a digital strategy that makes sense. If money or access is an issue, then be strategic in picking your “stores” and make your film available where it’s most likely to perform. It may not be in Walmart’s digital store or Best Buy’s. Above all, if you dear filmmaker have a community around you (followers, a brand), your site(s) and networks may be your best platform stores of all.  Though there is something to be said for viewing habits so I do recommend always picking at least a couple other key digital storefronts that are known and trusted by your audience.

4. TIP FOR CABLE VOD LISTINGS:

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

5. ART for SMALL:

Filmmakers, if there is one thing I must impart to you once and for all it’s this:  TAKE GOOD PHOTOGRAPHY!!!  Take it when making your film. Remember, most marketing imagery if not all for digital distribution (which will be all of “home entertainment”) must work SMALL so create key art and publicity images that also work well small and in concert with the rest of your campaign. Look at your key art as a thumbnail image and make sure it is still clearly identifiable.

6. KNOW YOUR DIGITAL DISTRO GOALS AND PLAN AHEAD:

I have seen distribution plans wasted because a vision for the film’s path was not resolved in time to actualize it properly. If your film is ripe for NGO or corporate sponsorship and you want to try that, you will need loads of lead time (6-12 months at least!) and a clear distribution plan to present to potential sponsors (who will always need to know that before agreeing).  If making money is a top concern, then know how YOUR FILM’s release is mostly likely to do that and plan accordingly. It may be by collapsing windows or it may be by expanding them. All films are different and that’s why it’s best to look at case studies of films with similar appeal to yours. And if showing the industry that your film is on iTunes matters to you for professional reasons more than financial then know that is your motivator but know that getting a film onto iTunes does not automatically lead to transactions, marketing does.

7. TIMING IS EVERYTHING | WINDOW WATCHING:

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

It is very often the case that if your film is in the digital distribution window before Cable VOD (on Netflix for example), that will eliminate or at least dramatically diminish the potential that Cable MSO’s (Multi System Operators) will take the film or even that an intermediate aggregator will accept it.  There is more flexibility with transactional EST (electronic sell through) / DTO (download to own) / DTR (download to rent) services such as iTunes but much less flexibility with YouTube (even a rental channel) or subscription or ad-supported services such as Netflix (subscription) or Hulu (which is both). Films that opted to be part of the YouTube/Sundance rental channel initiative (such as Children of Invention) could not get onto Cable VOD after. The Film Collaborative has to hold off on putting films in its YouTube Rental Channel if cable VOD is part of the plan.  Of course, there are exceptions to every rule due to relationships or a film proving itself in the marketplace, but better to plan ahead than be disappointed.

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

WINDOW WATCHING: If you stream or distribute digitally before Cable VOD for example, you will often lose that opportunity so timing is key.  And of course festivals will often not program a film if it’s available digital or at all commercially.  For documentaries, one has to be mindful about the EDUCATIONAL window (though this usually most relates to DVD).  Broadcast and SVOD are competitive with each other so compare options in terms of fees and timing for best distribution results and maximum benefits.  Sometimes VOD is best BEFORE theatrical (it’s called Reverse Windowing and Magnolia does that for example, sometimes).  Sometimes Ad Supported VOD (AVOD or FOD (free VOD)) (e.g. regular HULU) or Broadcast airings are seen as useful for maximum awareness, relatively significantly revenue generating, and/or good for driving transactional VOD.  Whereas sometimes AVOD or FOD is seen as cannibalizing business and is delayed.  So again, know your strategy based on both your audience / consumer and your goals.

8. THE DEVIL IS IN THE DEFINITIONS

DEVIL IS IN THE DEFINITION: Remember that the term VOD means or includes different things to different users.  The terms in the space are becoming more customary but they are not fully standardized so be sure to have ALL terms related to digital rights DEFINED.  And the space keeps changing so be sure to stay current.

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

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

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

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

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

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

9. PLAN FOR FUTURE: Digital distribution in Europe is not as mature as it is in the US but it’s growing.  The key platforms and categories of VOD now may not be key down the road.  Again, do deals wisely and plan for the future.  One way may be to set revenue thresholds for contract terms to continue.  Or allow for terms to be reviewable and adjustable into the Term.

10. IF YOU CANNOT MAKE PIRACY YOUR FRIEND by lets say monetizing it or using it to drive awareness… then think about shortening the time between your release windows and when you first start handing out DVDs and getting a lot of buzz for your film. Many folks would happily consume your film legitimately if given the opportunity in time.  Some piracy cannot be helped and can either be monetized or just enjoyed.  There are anti-piracy services one can employ as well.  In my experience, DVD is a bigger source of piracy than digital.

11. KNOW YOUR RIGHTS / OTHER WAYS TO PROTECT YOURSELF IN A DEAL: Before giving rights away for longer periods of time think about the future.  For example, the category of DTR (download-to-rent) is growing as is SVOD (Subscription VOD).  So you will want to make sure your splits are strong in your favor, especially for growing categories, and Cable VOD and transactional DTO (download-to-own) or EST (electronic sell through) are strong too and btw, some of these terms include each other.  Instead of merely focusing on rights classes even within the category of VOD one may also want to address gross revenues so that one can get an appropriate share of revenues at certain gross revenue thresholds.  You may want to have terms of a deal be reviewable for contracts with a longer Term.

Access to individual consultations for your film is available to members of The Film Collaborative starting at the Conspirator level. We also offer a menu of low cost festival and digital distribution services, marketing education and services, and graphic design for key art and websites. The Film Collaborative is dedicated to helping independent filmmakers receive the maximum benefit from their dedicated and creative work without the need to own rights. Send us a message to discuss your needs. 

 

 

May 8th, 2012

Posted In: Digital Distribution, Distribution, Distribution Platforms, DIY, Marketing

Tags: , , , , , , , , , , , , , ,


It was truly delightful being at IDFA. Great films, panels, parties, and I even worked in a quick museum visit. The city of Amsterdam is fantastic.

Here is a recap of some of the tips I presented to filmmakers at IDFA, and some examples. For you veteran producers/directors this may be gratuitous but others find these useful so here we go, and similar to the Four Agreements, reminding and repeating can only serve to reinforce:

1. BUDGET FOR MARKETING & DISTRIBUTION: Budget for Marketing & Distribution even if you think you want a sales agent and distributor(s). This money will still be useful and will also afford you the ability to execute DIY even if it’s a backup plan. I recommend at least 10%-20% of your budget, depending on how big it is. By having some money set aside you will be able to properly market your film at festivals and markets and also well-positioned to do DIY distribution should you want to, and also for things such as E&O insurance (required by Hulu and Netflix for example) and deliverables for digital etc.  Any investor or supporter should be happy to see this budget line item as part of your plan.

2. BUILD COMMUNITY | DEVELOP A LONG TERM CONNECTION WITH COMMUNITY AROUND YOUR FILM: Designate someone who is intimately connected with your film to be engaged in the work of building community around your film well in advance of the film being finished. Six months is not too long, in fact more is better. And doing the grassroots outreach and social network marketing around your film cannot just be you trying to sell your film. Rather, it must be authentic communications and participation in dialog and discussions that are relevant to the film. Sheri Candler and Jon Reiss also discuss this at length in our co-authored book which has good examples (Selling Your Film Without Selling Your Soul). Only a small percentage of your communications should be about your film in a sales oriented way, otherwise you will turn people off. If you continue to collect emails and continue to grow your community then you will have a bigger support system for your film at each stage of its release and of course for your next works. Several filmmakers in our book have done this very well.

3. KNOW YOUR AUDIENCE: Know who your audience is. Sheri Candler suggests being super detailed about that, really specific. And as Jon Reiss also notes, be clear about how your audience consumes films. I always recommend one think about preceding films that have tapped into similar audiences and that you can relate your film to. This will help resolve what can work well or not and you can even hopefully access some of the contacts from another filmmaker. Some films for example are much more ripe for educational distribution, monetizing festival distribution, and also television sales. Other films may not be suitable for all three of these but just one but may also do better via transactional VOD and/or SVOD. Some films lend themselves to corporate sponsorship or under-writting (e.g. Revenge of the Electric Car which got Nissan to sponsor, after the film was made) whereas a small film about a specific local issue in a third world country may not be viable for such financial and marketing support. The key is to note that most films do not appeal to most people and that if you are trying to appeal to general audiences you better have tens of millions of dollars to do it, and if not, be specific, be niche, targeted, grassroots oriented about it and authentically clear about who you are speaking to so that you know how to speak to them and when and where. Some films demand to be owned while others do very little sell through business but rent very well and work on television well.

4. KNOW YOUR GOALS. People on a filmmaking team may have different goals but it is important to note yours and the hierarchy of them so you can plan accordingly. If changing the world is your top goal that will yield a specific strategy that may not completely coincide with making money, or it can, depending on your film. Hence all the above-points and this one go together. If changing the world and making money are equally important and your film is not one that will likely do a lot of sell-through business you may find all the more reason to monetize offering the film for free, whether via YouTube, SNAG, or underwriting free airings on PBS (in US) or Hulu (for example) but this way you will reach broader audiences, build awareness for your film and monetize it in other ways (via ad-support, sponsorship, increased transactional business because of the awareness, and maybe even a reverse window theatrical if your film proves its audience traction). But it’s very hard to resolve the best plan without being clear internally about the priority of your goals. (Please note one can also sell the film to PBS in the US).

5.DON’T SHY FROM A BUSINESS PLAN. IT DOES NOT MAKE YOU DIRTY.  Having a business plan will help you know what you don’t know and help you plan ahead and be able to effectively market and distribute your film and achieve your goals. Plan ahead. It’s a must and does not make you dirty or any less creative, just more sustainable. You will fall behind and lose opportunities or make mistakes otherwise.  Digital distribution strategies vary per film and are quite individual so planning ahead will help make sure you execute the best plan for your film and know best how to respond to opportunities at markets and festivals that present themselves. Also, if you are comparing your film to others in order to resolve goals and a plan, make sure the other films are relevant either in terms of timing or scope. For example what happened in the 1990’s is really not a viable comparison today. Also remember if you are looking at THEATRICAL GROSSES, the distributor gets usually at most 50% of that revenue or even as little as 25 – 40% and there are expenses to get there, sometimes rather big ones depending on the release so your plan needs to be based on the real and complete set of information.

6. THE THREE Ms | CARVE UP RIGHTS | TIMING OF DIGITAL: The THREE (3) M’s are: MIDDLE MEN, MONEY, and MARKETING. Before giving rights to anyone you need to be clear if you are dealing with a Distributor, Aggregator or Platform. It is important to know that these are not the same, and yet, they are CONFLATE! SNAG is now for example both a PLATFORM and an AGGREGATOR. Some SALES AGENTS are now acting as AGGREGATORS or trying to. However the key is before giving rights to anyone, especially a sales agent or distributor, one wants to know how DIRECT the entity is with the places you want your film to be and at what terms. In the digital distribution realm, which is eclipsing DVD quickly, if you think of platforms as stores, you would want to be in all the good ones at the very least, and you will be better served being only once removed at most. Most good platforms are not direct with filmmakers so one middle man is usually unavoidable, but two really starts to be terrible for you financially. Also in terms of fees that an aggregator or distributor can take, 15% is a fee we approve of, and sometimes as much as 25% is acceptable but not more than that generally speaking. Platforms themselves usually take 30%-50% (but not all platforms have the same deal with all aggregators or distributors so you will also want to evaluate that). The other thing to analyze is what sort of marketing the entity taking your rights will do to earn their fee. The higher the fee the more they should be doing for you in terms of handling delivery and marketing.  An example, the Oscar shortlisted film We Were Here has seven (7) different companies involved in the North American distribution alone, and can sell off the websites(s) too. Always carve out the ability to sell off your site(s). If you are ever confused about this please feel free to contact us for advice.

7. AFFILIATE RELATIONSHIPS WITH ORGANIZATIONS, FESTIVALS & CORPORATE / MEDIA SPONSORSHIP: The sooner you identify the organizations, media or corporate sponsors that may want to be connected to your film and help you either via outreach or financial support or both, the better. And corporate sponsors especially need at least 6 months of lead time or even a year or more so better to approach early and guess what? YOU WILL NEED TO SHOW THEM YOUR DISTRIBUTION PLAN. With NGOs you can do a lot to both change the world and generate more revenue and we recommend giving them the incentive of an affiliate relationship (whether for theatrical, DVD, VOD or all of the above). Also festivals you’ve shown it can and should let their members / audiences know about your film when it comes out. An example from our book is Ride the Divide (a Jon Reiss case study). The filmmakers premiered the film on a small US television channel called Documentary Channel (which they sold to) and this was coordinated with the transactional digital on iTunes and they also debuted with a free screening period on YouTube which launched their partnership with non-profit organization Livestrong with which they have an affiliate relationship.

8. KEY ART: BIG & SMALL: First of all I want to remind people that sometimes it does serve a film to have two campaigns and that is not necessarily bad or confusing marketing. For example a film that is both speaking to a niche community but also wants to change the world and speak to a more general and mainstream community may have two different art works. But one has to try to integrate the two because of course brand recognition is key and the whole point of festival and theatrical distribution is to have a film be known in the public consciousness so keep that in mind when choosing publicity and marketing images. Also remember, your key art will have to work small so even if you are doing theatrical posters and want good art for that, you need to make sure your image(s) works as a thumbnail image on the web.

9. MANY WAYS TO DO THEATRICAL: In the US this topic has been covered quite a bit. In Europe doing theatrical in a non-traditional manner is still under construction. However we are inspired by what Dogwoof does in terms of Pop Up Cinemas and a Dutch documentary mini showcase of sorts that Sean Farnel explained to me and which I have to research better (in fact I am probably even explaining it incorrectly here). But the key is for European festivals and organizations to help filmmakers with a solution that eliminates the need to accept theatrical defeat if one’s film is not bought by a traditional distributor or would be bought only via deleterious terms. This may also take the burden off of MEDIA needing to fund quite as much because after all, most films do not need to be on screen five (5) times a day seven (7) days a week to mostly very few people most times. But what they do need to is to engage with public audiences, get some key publicity and buzz. One new interesting company in the US that may inspire is a digital / virtual theatrical service company called CONSTELLATION www.constellation.tv  Another one is Emerging Pictures which is a service that networks theaters for event theatrical / hybrid theatrical. this is a cost-effective way to achieve the goals of theatrical without the burdensome expense. Of course if one is qualifying for an Oscar there are specific theatrical guidelines that are unavoidable but even that is more doable via the IDA, for example.

10. STAY CURRENT: Digital distribution changes weekly, at least monthly. Different ways of working windows changes so stay current, ask around, and always ask more than one person.

One last EXTRA TIP for the road: Don’t ever write your blog post in Word Press directly without constantly saving draft as I just did because then if it freeze, which mine did, you will have to start all over again!

Distribute in Peace,

– Orly

November 25th, 2011

Posted In: Digital Distribution, Distribution, Distribution Platforms, DIY, Film Festivals, International Sales, Marketing, Uncategorized


Dear Filmmakers,

The book has arrived! Selling Your Film Without Selling Your Soul can be downloaded for FREE or a purchased, depending on your preference. Check out sellingyourfilm.com/store

syfnotsys-keyart-formats

I wanted to share why we wrote this book and how it came to be and why I think that is applicable for filmmakers.  Below is a section of a letter I wrote in our new collaboratively authored book Selling Your Film Without Selling Your Soul (co-authored with Jon Reiss and Sheri Candler).

“We want for you what you want for yourselves, to have a sustainable filmmaking career, to find your audiences and connect with them, and to thrive creatively, professionally and financially…As the industry and business of film distribution and revenue streams changes in the face of new digital technology’s impact on distribution and changes in audience and consumer access and habits, we collectively encourage you to look at the source of success and then be liberated and empowered to discover that you don’t always need a line of gatekeepers or multiple middlemen to make your dreams come true. And even though there may be cases where to some extent the gatekeepers and middlemen make sense, it’s almost never a useful paradigm on its own anymore.

The more filmmakers try to release films in a more hybrid or even fully DIY fashion, the less of a stigma some may feel about it and the more useful and appealing DIY will be, even as an at- tractive and comforting strategy to future investors and producers, as opposed to the present frequent thinking that privileges the all rights sale even with deleterious terms. DIY or hybrid distribution need not seem like a last resort. It need not seem less sexy. It need not seem less successful. It need not seem like a negative or blemish in any way. What filmmakers need is to access audiences and revenues from all sources, both for one’s present work and one’s future filmmaking…

The point and purpose of Selling Your Film Without Selling Your Soul is to highlight the questions filmmakers can ask, such as: “What is my audience?” “Where is it?” “Is a distributor more capable of reaching it or less so?” “Is there something an all rights distributor can do for my film that I cannot do myself?” and “If so, are the terms worth the difference?” The answers will vary but we believe asking the question(s) is key in every instance. This case study book highlights many of the methods and techniques and practices film- makers can follow now and in the future to distribute one’s work in the most filmmaker-friendly and sustainable way possible. There are lessons about what and who worked well and others not-so-much. The more filmmakers practice this the more powerful and useful and rewarding the filmmaker practice of this will be.”

And I want to note how we financed this book and how I think that is relevant to filmmakers.

Over a year ago I decided I wanted to create a case study book and I invited Jon Reiss and Sheri Candler to participate and I am so glad they did, it’s been awesome working with them.  The traditional model of book publishing is to find a book agent and get a deal with a publisher. There’s usually a lot of rejection and if or when you get a deal, the publisher normally gets the better end of it, especially if you don’t have a name as an author. And often one is frustrated that a publisher has not done this or that and usually the author does a better job marketing the work anyway.

It’s the author’s name and creativity that is selling the book, not the publishing house. The fact of how many publishing houses passed on Harry Potter is a great lesson about how the fat cat corporate gatekeepers don’t always know what time it is.

We did for about 5 seconds consider seeing if we could publish Selling Your Film Without Selling Your Soul in a traditional way, through a publishing house. Then we thought we would either be turned down since the book is for a very niche interest audience or receive a small advance (most first time authors receive less than $5,000 in advance money. There are 4 authors of this book) and never see another penny. Sound familiar?

Also, if we are going to champion filmmakers who are using some form of self-distribution for their work, It would be pretty hypocritical to go the traditional route with a publisher.

Here is what we did do and why:

We created a production budget that made sense for the scope of the book and the audience it was made for. We could have budgeted more money for it and waited until we scraped that budget together. It could have taken more than a year to do that. We decided to spend a reasonable amount that would ensure the book was available on all key digital platforms and now even in print. BUT, we decided not to do an iPhone App because that would have cost more and put strain on the budget given that this book is very specific and for a very specific audience.

We clearly defined our audience: filmmakers who are interested in DIY or Hybrid or P2P distribution methods. Not everyone and not even every filmmaker.

We set out to find sponsors to help pay for it. With this reasonable budget in mind, a clearly defined audience and a way to reach them ourselves, we knew what kind of sponsors would appreciate this. We also decided that the way to make it worth their while was to make the book FREE at least for a time and at least in one format always. It ensures the likelihood that the book will be shared widely. We also decided the sales price would be low cost in any case so that price was never a barrier to the book finding its audience and its readers seeking it out.

We did not pursue random sponsors, but rather carefully considered the ones that made sense given the defined audience target. This made sponsorship success much smoother and easier.  We could persuasively communicate that our audience was their target audience and how we would reach them (through our many media and personal contacts) and when (launch during IFP Week) and where (New York and all over the world via the internet). We gave them clear information that they could feel good about and see as a perfect fit for their brand.

We published the book ourselves and it’s available today on all key digital platforms where eBooks are sold. It is about one year to the day from when I first conceived the idea to having it out for all to read. The print edition will also soon be in retail stores via an aggregator, much like going through an aggregator to get onto Netflix, Hulu and iTunes (though we managed our own iBookstore inclusion).
So if you are making a film, there is a strong likelihood you can follow this model but you need to prepare for it well:

1. Who is your audience?

2. How will you reach them? Specifically as we did, targeting certain press, certain blogs, certain podcasts whose readers and listeners match those for the book.

3. What is a reasonable budget for your film that is fundable, recoupable and profitable via these methods of self-financing and self-distribution and/or financing via sponsorship?

4. If you want to try the sponsorship route, you will need to create a presentation deck and go out to companies a minimum of 6 months in advance of your release, but more likely more. Big companies make decisions a year in advance often.

5. For sponsorship to be attractive to a brand, they will need to know a specific distribution plan in order to see how being involved with your film achieves their marketing objectives. It takes planning and advanced thinking that doesn’t rely on hoping a gatekeeper “buys” your film.

This is how we did it for a book and some films can be done this way too, even if they cost 5 or 6 figures or even 7. It’s really just a question of the right pairing between content and audience and brands and above all things, advance planning and TIME and EFFORT that can and will pay off.

I am proud that we did not have to adjust our content for anyone, that we did not have to rely on anyone to give us access to our readers, that we have full control of the book we wrote and above all, that we are in the black before we have even released the book. How many artists can say that?

I would not have done it any other way.

The book’s site has a BLOG too www.SellingYourFilm.com/blog

and here is a link to an interview with Prescreen to explain their new platform.  And you may want to read other blog posts there about case studies that are in the book and ones that are not.

Here’s a link to the Prescreen interview: http://www.sellingyourfilm.com/blog/2011/07/19/sponsor-spotlight-prescreen/

TFC is thrilled that HOW TO START YOUR OWN COUNTRY (TIFF 2010, Directed by Jody Shapiro who incidentally is also a producer for one of our faves, Guy Maddin) is NOW AVAILABLE via PRESCREEN (presenting sponsor for Selling Your Film Without Selling Your Soul).

I want to give Prescreen a little shout out since they’re just launching and we’re excited to be working with this new platform from launch stage.  Prescreen, an innovative movie marketing and distribution platform, that officially launches today to give filmmakers an alternative to traditional advertising and distribution channels – through the mass marketing of curated content that is then shared by users through social media.  Prescreen offers users the ability to subscribe to a daily email alert, view trailers and rent movies to stream on demand, as well as earn rewards and discounts for sharing movie information on their social networks. Their daily email service highlights one movie per day, enabling their featured films to reach a wide audience.

Prescreen also delivers a Prescreen Performance Report to each filmmaker and distributor whose movie is featured on Prescreen. The report offers aggregated analytics and demographics about the audience for each featured film.

How it Works:

  • Consumer subscribers receive an email alert featuring one new movie each day.
  • Users watch the movie trailer for free and can purchase a rental to view the entire movie to stream on demand for up to 60 days.
  • Users can earn discounts and rewards by sharing the film through their social networks using Facebook, Twitter, etc.
  • Prescreen aggregates the purchasing data, protecting the privacy of each user, and delivers valuable demographic and analytic information back to filmmakers and distributors for future marketing and distribution efforts.

To see their featured the film HOW TO START YOUR OWN COUNTRY go to:

https://prescreen.com/movie/How-To-Start-Your-Own-Country and sign up!

For more info about the fascinating documentary that we all love here at TFC go to:

www.HOWTOSTARTYOUROWNCOUNTRY.com or use this link http://www.howtostartyourowncountry.com/Country/Enter.html

or visit the TFC site: http://www.thefilmcollaborative.org/films/howtostartyourowncountry.html

To see a video about Prescreen works go to: YOUTUBE http://www.youtube.com/watch?v=Pjh3F9ZbHYo OR – FACEBOOK

https://www.facebook.com/photo.php?v=10150285053926517

Today’s featured film is THE ROBBER.

Prescreen is now accepting full-length feature film applications on a variety of topics and genres. To submit, visit: prescreen.com/submit.  To sign up for the daily email service, visit: prescreen.com

Bye for now. We hope you like the book and if you have any questions feel free to contact us at contactus@thefilmcollaborative.org

 

September 15th, 2011

Posted In: Digital Distribution, Distribution, Distribution Platforms, DIY, Marketing, Prescreen, Uncategorized


The IndieWIRE panel I am commenting on was at the Elinor Bunin Munroe Film Center on July 16, 2011. indieWIRE Editor in Chief Dana Harris moderated a discussion about the past 15 years of film distribution with (left to right): Richard Abramowitz, Amy Heller, Bingham Ray, Bob Berney, Ira Deutchman, Mark Urman, Arianna Bocco and Jeanne Berney. It can be found here:

 

The Sundance distribution announcement was just made today.

  1. So glad to know, as Mark Urman noted, that even big A-list cast films have a hard time getting listed properly on Cable VOD in terms of cast.  We know that Sundance indie Adventures of Power also was not always listed properly in terms of noting its full cast (namely Jane Lynch & Adrien Grenier who both have massive fan bases were sometimes left off the film’s VOD description).  What will it take the MSOs to get it together? Please let’s not all name or rename our films with numbers or start with the letters A,B,C,D, or E.  If Comcast can insert ads into programming surely they and all the other dozens of MSOs (Multi System Operators) can find a way to help attract an audience for films on their system by categorizing them and filling in complete descriptions even on mammoth platforms.
  2. The glut of content was discussed and the marketing challenges all distributors of cinema face.  We all know it’s cheaper to make films now, there are more of them, they don’t die or go away, they just multiply annually and even some of the panelists spoke to younger generations not even committed to being filmmakers, but just making films because they can and it’s made to seem so cool. Indeed. And what I want someone to say, well ok I will just say it, is when the real numbers behind film distribution are revealed across the board perhaps we’ll see a trim in supply. The best, most creative and most committed will survive  and thrive.  Investors will be choosier because they’ll have all of the REAL information they need to make educated decisions. As for how to clear through the clutter, well, that goes back to the basics of know-your-audience, down to the “T” and don’t pretend it’s everyone. I look forward to even more lifestyle and interest oriented programming and content servicing and all the more reason for filmmakers to cultivate audiences directly, where there is no room for glut or confusion.
  3. They joked about no one knowing VOD numbers, except for Arianna of IFC of course and Mark sometimes when his VOD client (Tribeca Films I presume) fills him in.  Well, we have some from our forthcoming case study book Selling Your Film Without Selling Your Soul and I want to challenge ALL FILMMAKERS to share your numbers and stop the madness of mystery! And I agree, it’s time that these numbers start getting tracked and reported in a more automated fashion as theatrical box office and DVD sales are now. Still those number only show gross, and not the spend needed to achieve those numbers.
  4. Amy of Milestone noted younger people have different habits in terms of what they want to view and how they view.  So maybe we need younger folks running distribution companies now. TFC is hiring.
  5. Arianna of IFC notes that piracy is a huge issue and that young people do not want to pay for content.  So we can either be disturbed by that, or we can work with that knowledge and release in a way that will maximize revenues, instead of forcing audiences into outdated window methods. One film we recently observed tried to monetize its distribution via sponsorship, but waited way too long to get started, tried to do so without a distribution plan in place, is having its theatrical launch 6 months after its festival premiere and cannot seem to make a decision on the rest of its distribution whilst it awaits fat-enough-offers that are not coming.  That sort of paradigm is a set up for failure and leaves the film open to piracy when a clear plan from the start and an immediate release after festival premiere could have led to quicker monetization (sponsored, DIY and/or via a donation campaign on VODO).  We caution against proceeding with filmmaking or distribution when there is no viable plan in place.
  6. A question via TWITTER that came in was: Where do you want to be 15 years from now? Richard Abramowitz is amazed he’s still in the biz now… and that’s honest in that it speaks to deep concerns about the changes in the business and the truth is, the more transparent service providers are about their numbers, the more likely they will survive. Those less transparent are not likely to sustain themselves.  What I object to is the mythology in this industry and the mask of success that hides the real story of spending more than you made back because there are too many expensive services or middlemen.  Who can tell me about their PROFIT? Not just for themselves, but for the filmmakers and investors they represent? Who will publicly admit the numbers on how much was spent for each service even on services they did not really need if they were better educated, and each middleman and what that yielded?  When people do not, it’s largely because they want to get the next project funded and, to me, this is no better than a pyramid scheme.  You know what eventually happens with those, right? See 2008 for an indication. Anyone who wants to challenge TFC on its transparency please do, I am ready.
  7. ‘Theatre going experience is in our DNA (like gazing at a fire)’, says Bingham Ray. The communal experience is what it’s all about. Amen. I say let’s bring back the drive-in. I especially want it for Sundance film Co-dependent Lesbian Space Alien Seeks Same.
  8. Ira speaks to the Opera audience. He noted, as audiences get older they crave that experience (communal screening) more. I love that Ira Deutchman grew a business out of this niche. Niche is golden.  A lesson for us all.
  9. Ira spoke to “eventizing” theatrical– several noted about adding Q&As, live music, director attendance, panel discussions– to enhance theatrical and all of those screenings do well. Indeed. We have observed the same and that speaks even more to filmmakers knowing their audience and being more engaged in their own releases. There is nothing of this that one cannot do.
  10. Ira ends quoting Richard Lorber “everything is possible and nothing works” harking back to 25 years ago when distribs celebrated small victories and spent little – before the rise and fall of indie bubble and the studios dressing big releases in indie clothes. My comment is regarding the “professional” the middle man, the lack of transparency even still is a burden, the fees paid excessive if one analyzes from the point of view of sustainability and healthy business.  Service deals are announced like acquisitions.  That’s why they say “film business” is an oxymoron but it need not be.  And that’s why TFC’s resolve now is to not work with unsustainable filmmakers. We do not want to feed the habit, enable unrealistic expectations. If you spent too much on making your film, if your expectations are unreasonable, if you are not committed to being educated about both film and engaging audiences, and most of all, if you are just a money bag and not a creator but rather buying into the dream that your film (which you did not even create) is going to make you rich or richer, please go home.                                                                                                                                                                                                                                                                                                                                                                                                                                                      And now, on a less cranky and more joyous note: What I love about the Sundance distribution initiative:

11. It’s offering filmmakers a truly filmmaker friendly set up by having a good partner and fair contract terms.

12. The terms offered by a truly excellent partner like New Video were already good in general, but are now even slightly advantaged.

13.  That the deal is non-exclusive and allows filmmakers proper agency and control.

14.  That I partly inspired it starting in 2009 and that the folks at Sundance listened, discussed, and worked it out slowly but surely and that there is more to come.

15.  The Sundance brand connected with its alumni of filmmaker’s brands and on key platforms that function as the key portals to film lovers (and yet not at the exclusion of other viable modes of DIY and traditional distribution) is the model I have always championed even before TFC launched, because it makes sense. It’s good for filmmakers; it’s good for audiences and back to # 1 and #2, initiatives like this are the way to help clear a path through the content of clutter to the curious eyes of cinema loving consumers.

 

 

 

July 27th, 2011

Posted In: Digital Distribution, Distribution, Distribution Platforms, DIY, Long Tail & Glut of Content

Tags: , , , , , , , , , , , , , ,


Recently I was invited to be on a panel at the International Film Festival Rotterdam (IFFR) and participate in their mentoring sessions and the lab at Cinemart.  Great experience. I am always amazed by the difference between the US and Europe. The whole government funding of films and new media initiatives as our government is about to shut down.  Well, their policies and practices do take their own financial toll too but one I think is worth it.  For all my europhileness I have to note that the Europeans can be just as guilty of not wanting to watch subtitles in fact some countries dub films instead. And of course we know that Hollywood is big business in Europe too. But all in all, art house cinema seems to reach more broadly in Europe and even some parts of Asia than it does in the US.  Films in Cannes and other top fests can sell all over Europe and never in the US or success in opening theatrically only in NY and maybe LA and overall it seems to me box office is generally down for foreign language cinema.

International filmmakers want US distribution and it was painful for me to discuss their prospects at IFFR because for so many, the prospects are slim.  But this one’s for you! (Please note this blog is focused on digital distribution and not healthy categories for foreign language cinema such as Non Theatrical including Museums, Films Festival, Colleges, Educational / Institutional).

Cable VOD was 80% of the digital revenue in the US in 2009 but it’s now declining little by little, now estimated to be in the high 70’s (approx 77%) and may decline further still. The reason for this change, which is expected to continue, is that Internet based platforms are growing.  Regarding FOREIGN LANGUAGE ON CABLE VOD: Distributors and aggregators agree that foreign language cinema is very hard to get onto Cable VOD platforms and slots for non-English cinema are reserved generally for marquee driven films and/or films with a real hook (name cast/director, highly acclaimed, genre hook).   A big independent Cable VOD aggregator notes a real struggle in getting foreign language films to perform on Cable VOD and even Bollywood titles that had wide theatrical distribution and a box office of upwards of $1,000,000 still perform poorly (poorly means 4-figure revenue, 5-figure tops). They have had some success with foreign martial arts films and will continue with those in the foreseeable future. Time Warner Cable (TWC) remains more open to foreign language cinema though it plays the fewest films, a range between 190 – 246 at any given time (with a shelf life usually of 60 days and with 2/3rd of the content seeming to be bigger studio product, and the rest indie).  By comparison Charter and AT&T play about 1,000 and Verizon plays 2,000, and Comcast plays about 4,000.  [See below for the 2010 breakdown of Cable subscription numbers.] Hence, individual titles may perform better on Time Warner Cable for obvious reasons, Comcast may have more subscribers but there’s less competition and TWC is in New York, the best demographic for art house cinema.

Generally speaking, platforms overall are far more receptive to foreign films following the recent success of DRAGON TATTOO, TELL NO ONE, IP MAN, etc.  than they have ever been before.  However as one can see from the titles noted, foreign genre films are preferred because they have the opportunity to reach broader audiences than the usual foreign film.  Genres that reportedly work include:  sci-fi, thriller/crime, action, and sophisticated horror.  Dramas have had limited success, and comedies often don’t translate, nor does most children’s content. In regard to Cable VOD – foreign box office is becoming an important proxy, because the marketing and pr tend to build US awareness on the larger titles prior to being available here.  Many companies have built very successful VOD businesses pursuing a day and date theatrical or DVD strategy.  Again, genre films work best, with horror and sci fi being the top performers.  3 of the top 10 non-studio titles in 2010 were foreign language subtitled releases.  Small art house distributors say that at most it’s a small dependable revenue stream via services such as INDEMAND http://www.indemand.com (iN DEMAND’s owners are and it services Comcast iN DEMAND Holdings, Inc., Cox Communications Holdings, Inc., and Time Warner Entertainment – Advance/Newhouse Partnership.)  Distributors and aggregators all site Time Warner as being far more open to foreign language cinema than Comcast, because it’s urban focused (NY, LA, etc) not heartland focused as Comcast is.

In terms of these titles finding their audiences on Cable VOD, Comcast announced improved search functionality by being able to search by title and Cable VOD is aware of its deficiencies and is said to be improving in terms of marketing to consumers but Cable VOD is still infamous for its lack of recommendation engines and discovery tools. Key aggregators work to have films profiled in several categories and not just the A-Z listing.

Top 25 Multichannel Video Programming Distributors as of Sept. 2010 – Source NCTA (National Cable Television Association)

Rank MSO BasicVideoSubscribers
1 Comcast Corporation 22,937,000
2 DirecTV 18,934,000
3 Dish Network Corporation 14,289,000
4 Time Warner Cable, Inc. 12,551,000
5 Cox Communications, Inc.1 4,968,000
6 Charter Communications, Inc. 4,653,000
7 Verizon Communications, Inc. 3,290,000
8 Cablevision Systems Corporation 3,043,000
9 AT&T, Inc. 2,739,000
10 Bright House Networks LLC1 2,194,000
11 Suddenlink Communications1 1,228,000
12 Mediacom Communications Corporation 1,203,000
13 Insight Communications Company, Inc. 699,000
14 CableOne, Inc. 651,000
15 WideOpenWest Networks, LLC1 391,000
16 RCN Corp. 354,000
17 Bresnan Communications1 297,000
18 Atlantic Broadband Group, LLC 269,000
19 Armstrong Cable Services 245,000
20 Knology Holdings 231,000
21 Service Electric Cable TV Incorporated1 222,000
22 Midcontinent Communications 210,000
23 MetroCast Cablevision 186,000
24 Blue Ridge Communications1 172,000
25 General Communications 148,000

FOREIGN LANGUAGE CINEMA VIA OTHER DIGITAL PLATFORMS and REVENUE MODELS:

DTO (Digital Download to Own (such as Apple’s iTunes which rents and sells films digitally) – this space has been challenging for foreign films in the past, and most services do not have dedicated merchandise sections. Thus, the only promo placement available is on genre pages, so the films need to have compelling art and trailer assets to compete.  iTunes and Vudu (now owned by WALMART – see below) are really interested in upping the ante on foreign films over the next 12 months.  Special consideration will need to be made for the quality of technical materials, as distributors have encountered numerous problems making subtitled content work on these providers.

SVOD (Subscription VOD such as NETFLIX’s WATCH INSTANTLY) – this space is probably the best source of revenue for foreign content because the audience demos skew more sophisticated and also end users are more inclined to experiment with new content niches.  Content in this space should have great assets and superior international profile (awards, box office), and overall should evoke a “premium feel” for the right titles, license fees can be comparable to high end American indies.  Appetite for foreign titles will increase as the price for domestic studio content continues to accelerate.  Genres are a bit broader than VOD/DTO, but thrillers, sci fi and action still will command larger sums ($). Good Festival pedigree (especially Cannes, Berlin, Venice, Sundance, etc.) will also command higher prices.  Overall, it’s a great opportunity as long as platforms keep doing  exclusive deals.  NETFLIX has surpassed 20,000,000 subscribers and a strong stock price and is in a very competitive space and mood again. (See more below).  Hulu expects to soon reach 1,000,000 subscribers  “to approach” half a billion in total revenues (advertising and subscription combined) in 2011, up from $263 million in 2010. That’s from $108 million in 2009. (see more below)

AVOD (Advertising Supported VOD – such as SNAG and HULU) – Another great space for foreign content (as evidenced by the recent exclusive HULU – Criterion deal – (see below) although that deal is actually for HULU’s subscription service (Hulu Plus). These platforms are more willing to experiment with genres and content types and favor art films and documentaries over genre films. Depending on the film, annual revenues can approach low to mid four (4) figures in rev share.  SNAG recently was capitalized to the tune of $10,000,000 but seems to be spending that money on marketing and not on “acquiring” so a film’s revenue is likely to be dependent on performance and rev/share unless one strikes an exclusive deal with SNAG and manages to get an MG.  HULU’s revenues are covered above.  Films report low 4-figures but sometimes 5 and 6 figure revenues but up until now those higher performing films have been English language and appeal to younger males.

TELEVISION / BROADCAST SALES: For foreign language cinema unless one has an Oscar™ winner or nominee, or an output deal, the prospects of a meaningful license fee are slim. Even worse, if you do secure a deal, it will likely preclude participation in Cable VOD, Netflix and any of the ad-supported VOD platforms such as Hulu and Snag.

KEY SPECIFIC TOP SPECIFIC DIGITAL PLATFORMS / RETAILERS:

AMAZON reportedly is readying a service that would stream 5,000 movies and TV shows to members of its $79-per-year Prime free-shipping membership program. Amazon being corporately tied to extremely popular entertainment information service IMDB and the film festival submission service WITHOUTABOX gives it a potential edge in the market, one that has never been fully harvested but easily could be and seems to be looming. And since its inception, Amazon has let film content providers open up shop on their site directly without a middle-man. Middle man aggregators get slightly better terms. Amazon presently offers 75,000 films and television shows combined and plans to soon exceed 100,000. It should be noted Amazon VOD has been US-focused though recently bought Love Films in the UK.

FOCUS FEATURES’ NEW DIGITAL DISTRIBUTION INITIATIVE: There is not much information out on this yet but FOCUS/UNIVERSAL are launching a new digital distribution initiative that may or may not brand their own channel on iTunes etc., but does seem to be focused on niche cinema to some extent and this may speak to foreign language titles. An option to watch out for.

GOOGLE is working on encroaching into the content delivery market with its launch of GOOGLE TV, which unfortunately has not created quite the fanfare the company planned for.  It boasts: The web is now a channel. With Google Chrome and Adobe Flash Player 10.1, Google TV lets you access everything on the web. Watch your favorite web videos, view photos, play games, check fantasy scores, chat with friends, and do everything else you’re accustomed to doing online. GOOGLE TV does come with the Netflix App and others. Google partnered with some of the leading premium content providers to bring thousands of movie and TV titles, on-demand, directly to your television. Amazon Video On Demand offers access to over 75,000 titles for rental or purchase, and Netflix will offer the ability to instantly watch unlimited movies and TV shows, anytime, streaming directly to the TV.

HULU: Hulu’s numbers keep growing for certain films, which has to-date not been foreign language but that may change given the Criterion Collection announcement. Hulu is also now a subscription service (HULU PLUS) and announced the Criterion deal is for that. Criterion of course specializes in classic movies from the canon of great directors–Ingmar Bergman, Jean-Luc Godard, Federico Fellini, etc.–and has about 800 titles digitized so far, many of which are also available via Hulu competitor Netflix. It’s understood that this will be an exclusive deal, and that the Criterion titles that Netflix does offer will expire this year.  Hulu Plus subscribers will initially get access to 150 Criterion films, including “The 400 Blows,” “Rashomon” and “Breathless.” Hulu says the movies will run without ad interruptions, but may feature ads before the films start; the free Hulu.com service will offer a handful of Criterion titles, which will run with ads.  Hulu, owned by Comcast’s NBC, Disney’s ABC and News. Corp.’s Fox introduced the Hulu Plus pay service last year. Hulu CEO Jason Kilar says the $7.99-per-month offering is on track to reach one million subscribers in 2011. Competing for exclusive content seems to be on the rise as platforms compete for household recognition and top market share.

iTunes (APPLE): iTunes dominated consumer spending for movies in 2010 but that may not last long. One can get onto iTunes via one of its chosen aggregators such as New Video, IODA, Tune Core, Quiver…  Home Media Magazine reported the findings of an IHS Screen Digest report that showed that Apple was able to hold off challenges from competitors like Microsoft’s Zune Video (via XBOX Kinect), Sony PlayStation Store, Amazon VOD and Walmart’s VUDU.  Despite the new competition,  the electronic sellthrough and video on demand market rose more than 60% in 2010, Apple iTunes still came out on top, perhaps due in part to the release of the iPad last spring and Apple TV last fall.  Research director of digital media for IHS, Arash Amel, said, “The iTunes online store showed remarkable competitive resilience last year in the U.S. EST/VOD movie business, staving off a growing field of tough challengers while keeping pace with a dramatic expansion for the overall market.”  However, it’s important to note that although iTunes staved off competition, the overall iTunes consumer spending fell almost 10% in 2010 to 64.5%.  It was 74.4% in 2009.  Insiders predict it will not hold its market dominance for long.

Microsoft’s Zune Video was one of Apple’s biggest competitors last year, accounting for 9% of U.S. movie EST/iVOD consumer spending in 2010 but this does not seem a key platform for foreign language cinema.

MUBI:  www.Mubi.com having added Sony Playstation to its platforms reach, MUBI now has reportedly 1,200,000 members worldwide and is finally in a better position to generate revenue.  Still its own figures estimates amount to 4-figures of revenue and that’s for all its territories.  Mubi’s partnership with SONY does not extend into the US.

NETFLIX as reported in Multichannel News “as its subscriber base has swelled, Netflix has become a target for critics complaining that it is disrupting the economics of TV” is now a competitor to Cable and in fact Cable VOD companies won’t take a film if it’s already on NETFLIX’s Watch Instantly service. But Netflix is realizing it erred by losing focus on the independent and is now quietly offering bigger sums that compete with Broadcast offers and that are on par with the 5 and 6 figure revenues generated by Cable VOD for the stronger indie / art house films. Having films exclusively may be the driving force of future monetization in digital, or least in SVOD.  Regarding 2011 outlook, Netflix’s “business is so dynamic that we will be doing less calendar year guidance than in the past,” the execs said.  For the first three months of the year, Netflix expects domestic subscribers to increase to between 21.9 million and 22.8 million, with revenue between $684 million and $704 million and operating income between $98 million and $116 million. Internationally — meaning, for now, Canada — the company expects 750,000 to 900,000 subscribers with revenue of $10 million to $13 million and an operating loss between $10 million and $14 million.

REDBOX: Redbox, whose brick-red DVD vending machines are scattered across the country, is aiming to have a Netflix-like video streaming subscription service up and running by the end of 2011, company executives told investors mid February. Redbox is a wholly owned subsidiary of Coinstar. The Oakbrook Terrace, Ill.-based company claims to have rented more than 1 billion DVDs to date through vending machines at about 24,900 U.S. locations nationwide, including select McDonald’s, Wal-Mart Stores and Walgreens locations. It should be noted though that Redbox is very studio title focused and wide release focused but its streaming service will likely move beyond that.

WAL-MART bought VUDU and is expected to be a major player. Walmart is the world’s largest retailer with $405 billion in sales for the fiscal year ending Jan. 31, 2010. In the U.S., Wal-Mart Stores, Inc. operates more than 4,300 facilities including Walmart supercenters, discount stores, Neighborhood Markets and Sam’s Club warehouses.   VUDU, is Walmart’s recently acquired online media source where consumers can rent or buy movies and TV shows for their internet-ready HDTV, Blu-ray Disc players or PlayStation 3 consoles.  Like iTunes, there are no monthly fees.  Consumers can buy and rent movies when they want, and 2-night rentals are only $2.  It will be interesting to see how VUDU will rise as a contender in 2011 and whether iTunes will suffer as a result of their success.  Wal-Mart advertises that regarding VUDU: “from Internet-ready HDTVs to WiFi enabled Blu-ray players, you’ll find all the VUDU ready electronics you’re looking for at Walmart.com. Whether adding a flat panel TV to your dorm room or upgrading your home entertainment center, our selection of VUDU ready HDTVs has you covered. You’ll also save money on our VUDU ready products when you select items with free shipping to your home. With VUDU, you’ll be able to stream HD movies directly from the Internet to your TV in dynamic surround sound for a great low price. Shop VUDU ready HDTVs and Blu-ray players at Walmart.com — and save. “ And the retail giant makes sure all relevant devices / electronics it carries are VUDU-enabled.  2011 and beyond will be telling.  Wal-Mart caters to the average American so it remains to be seen if there is an appetite for foreign language film via VUDU in the months and years to come. In its inception VUDU was catering to early adaptors of new technology and those eager to watch HD but now it seems to be becoming more generic. New Video is a preferred aggregator to VUDU, among others.

VODO (Free / monetized Torrent): www.VODO.net: This has not been tried in the US by most distributors if any and not for foreign language cinema but it has worked for several projects such as Pioneer One which generated $60,000 USD by having the content made available for free and then getting donations in return.

Other emerging retailers entering the digital space:

Sears and Kmart are the latest over-the-top threats to pay-TV providers’ video-on-demand businesses. Sears launched its online movie download service, Alphaline Entertainment, which will let Sears and Kmart customers rent or purchase movies, including on the same day they are released on DVD and Blu-ray Disc, provided through digital media services firm Sonic Solutions.  Titles currently available to rent or buy from Alphaline include studio and successful TV shows. Under Sonic’s multiyear agreement with Sears, the companies will provide access to Alphaline services through multiple devices including Blu-ray Disc players, HDTVs, portable media players and mobile phones. Sears and Kmart, said in a statement. “We’ll continue to increase the reach and flexibility of the Alphaline Entertainment service by providing consumers on-demand access to the latest entertainment from a range of home and mobile electronics.” Sears, which merged with Kmart in 2005, is the fourth largest retailer in the U.S. The company has about 3,900 department stores and specialty retail stores in the U.S. and Canada.  It remains to be seen if they take on foreign language cinema. New Video is also an aggregator to them.

That’s all she wrote folks. Until the next time.

March 10th, 2011

Posted In: Amazon VOD & CreateSpace, Digital Distribution, Distribution, Distribution Platforms, Hulu, International Sales, iTunes, Netflix, Uncategorized

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

« Previous PageNext Page »