platforms

Always check with your lab or distributor to make sure their deliverable specs adhere to what is outlined below. Especially deliverables outside North America, which are sure to diverge from what is below. Much of this may apply to films who have sold to distributors, but this post is mostly aimed at those doing DIY distribution. The following also mostly applies to TVOD platforms, but may also apply to others. Again, check with your distributor/lab before you produce any deliverables.

  1. Know when not to do iTunes
    iTunes is expensive. It will cost at least $2K to do iTunes/Amazon/GooglePlay. Think of how many people will need to rent your film at $4 (and that’s before the platform’s cut) for you to recoup that money, and then think how many more will have to do so for you to recoup your investment. Are your 1500 Facebook fans going to come through for you? Most probably won’t. A better option might be to do VHX or Vimeo on Demand and spend that money on marketing to drive people to your site. We have handled almost 50 films in the past three years via our DIY Digital Distribution Program, and the bottom line is that if you expecing people to find your film simply because it’s on iTunes while you sit back and move on to your next project, you are probably going to be in for a rude awakening.
  2. Subtitles and Closed Captioning (part 1)
    Pretty much the only way to go nowadays is to submit a textless master, with external subtitles. This can get kind of tricky, so it’s important to understand what is needed and to not expect that the lab you are working with is impervious to mistakes.

    • Your film is in English and has no subtitles
      You will need to produce a Closed Captioning file
    • Your film is 100% not in English
      You will need to produce a subtitle file only (Closed Captioning is not required)
    • Your film is mostly in English but there are a few lines (or more) of dialogue that are not in English
      You will need to produce both a Closed Captioning file and what is called a Forced Narrative Subtitle file.
      This “Forced Narrative” subtitle file is rather a new concept, so when you work with your subtitle lab (if you need suggestions for labs to work with, check out the ‘Subtitling, Closed Captioning and Transcription Services and Solutions’ section on the ResourcePlace tab on our website), make sure they understand that an English language forced narrative file (unlike Closed Captioning or regular subtitles) does not need to be manually turned on for territories where English is the main language, and in fact cannot be turned off in those Territories. Hence, they are forced on the screen. Together with the closed captioning, they make up a complete dialogue of your film, but they should not overlap, or else you’ll be in a situation where the same lines of text are appearing twice on the screen, and your film will be rejected.

    TECH TIP: We recommend watcing your film through before you deliver with all subtitle and CC files. If your film is only in English and you only need to produce closed captioning, these files are pretty much gibberish. So ask the lab to ALSO provide you with a .srt subtitle file of the closed captioning (it’s an easy convert for them). Even though you won’t be submitting this file, you can watch it using, for example, VLC. Just make the filename of your .srt file the same as your .mov or .mp4 file, place it in the same folder, and the subs should automatically come on.
    If your film has a forced narrative, keep track of your non-English dialogue…easy to do especially if your film only has a few lines of non-English. Then change the file extension .srt or .stl temporaily to .txt. This file can then be opened in any text application and eyeballed to ensure that no lines of foreign dialogue are misplaced. If you ask for a .srt conversion of your Closed Captioning file, you can do the same thing with this file to verify that these non-English lines are not repeated in the Closed Captioning.

  3. Subtitles and Closed Captioning (part 2)
    Closed Captioning needs to be in .scc format. Subtitles need to be in either .srt or .stl format. But .srt file do not hold placement, so if you are making a documentary, for example, you will probably want to submit .stl. Because if you have any lower-thirds in your film, lines of closed captioning or subtitled dialogue needs to be moved to the top of the screen when lower thirds are on the screen. .srt files will appear on top of the lower thirds, and your film will be rejected.
    TECH TIP: Again, watch your film back with closed captioning / subtitling to make sure your lower thirds are not blocked.
  4. Dual Mono not allowed
    Make sure the audio in your feature and trailer is stereo. This does not merely mean that there is sound coming out the L & R speakers. It means that these two tracks need to be different…and not where one side gets all the dialogue and the other gets the M&E. Think of how annoying that would be if you were in a theater. L & R tracks need to be mixed properly and outputted as such.
    TECH TIP: Listen to your film before you submit, or at the very least make sure your film is not dual mono…download an applcation such as Audacity, a free program, and open your masters in that program. if the sound waves are identical for both L & R, you need to go back and redo. Don’t assume your sound guy is not infallable.
  5. 720p not allowed
    iTunes is no longer accepting 1280×720 films. In addition, they will not take a 1280×720 that has been up-rezed to 1920×1080. No one should be making movies in 720p and expect the world to cater to their film.

September 16th, 2015

Posted In: Amazon VOD & CreateSpace, Digital Distribution, Distribution Platforms, iTunes, Vimeo

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Selling Your Film Outside the U.S.

 

In this final excerpt from our upcoming edition of Selling Your Film Outside the U.S., Wendy Bernfeld of Amsterdam-based consultancy Rights Stuff talks about the current situation in Europe for independent film in the digital on demand landscape.

There have been many European platforms operating in the digital VOD space for the last 8 years or so, but recent changes to their consumer pricing structures and offerings that now include smaller foreign films, genre films and special interest fare as well as episodic content have contributed to robust growth. European consumers are now embracing transactional and subscription services , and in some cases ad-supported services, in addition to free TV, DVD and theatrical films. Many new services are being added to traditional broadcasters’ offerings and completely new companies  have sprung up to take advantage of burgeoning consumer appetite for entertainment viewable anywhere, anytime and through any device they choose.

From Wendy Bernfeld’s chapter in the forthcoming Selling Your Film Outside the U.S.:

Snapshot

For the first decade or so of the dozen years that I’ve been working an agent, buyer, and seller in the international digital pay and VOD sector, few of the players, whether rights holders or platforms, actually made any serious money from VOD, and over the years, many platforms came and went.

However, the tables have turned significantly, and particularly for certain types of films such as mainstream theatrical features, TV shows and kids programming, VOD has been strengthening, first in English-language mainstream markets such as the United States, then in the United Kingdom, and now more recently across Europe and other foreign language international territories. While traditional revenues (eg DVD,) have dropped generally as much as 20% – 30%, VOD revenues—from cable, telecom, IPTV, etc.—have been growing, and, depending on the film and the circumstances, have sometimes not only filled that revenue gap, but exceeded it. 

For smaller art house, festival, niche, or indie films, particularly overseas, though, VOD has not yet become as remunerative. This is gradually improving now in 2014 in Europe, but for these special gems, more effort for relatively less money is still required, particularly when the films do not have a recognizable/strong cast, major festival acclaim, or other wide exposure or marketing. 

What type of film works and why?

Generally speaking, the telecoms and larger mainstream platforms prioritize mainstream films in English or in their local language. In Nordic and Benelux countries, and sometimes in France, platforms will accept subtitled versions, while others (like Germany, Spain, Italy, and Brazil) require local language dubs. However, some platforms, like Viewster, will accept films in English without dubbed or subtitled localized versions, and that becomes part of the deal-making process as well. This is the case, particularly for art house and festival films, where audiences are not surprised to see films in English without the availability of a localized version. 

Of course, when approaching platforms in specific regions that buy indie, art house, and festival films, it is important to remember that they do tend to prioritize films in their own local language and by local filmmakers first. However, where there is no theatrical, TV exposure, or stars, but significant international festival acclaim, such as SXSW, IDFA, Berlinale, Sundance, or Tribeca, there is more appetite. We’ve also found that selling a thematic package or branded bundle under the brand of a festival, like IDFA, with whom we have worked (such as “Best of IDFA”) makes it more recognizable to consumers than the individual one-off films. 

What does well: Younger (i.e., hip), drama, satire, action, futuristic, family and sci-fi themes tend to travel well, along with strong, universal, human-interest-themed docs that are faster-paced in style (like Occupy Wall Street, economic crisis, and environmental themes), rather than traditionally educational docs or those with a very local slant. 

What does less well: World cinema or art house that is a bit too slow-moving or obscure, which usually finds more of a home in festival cinema environments or public TV than on commercial paid VOD services, as well as language/culture-specific humor, will not travel as well to VOD platforms. 

Keep in mind that docs are widely represented in European free television, so it’s trickier to monetize one-offs in that sector, particularly on a pay-per-view basis. While SVOD or AVOD offerings (such as the European equivalents of Snagfilm.com in the US) do have some appetite, monetization is trickier, especially in the smaller, non-English regions. Very niche films such as horror, LGBTQ, etc. have their fan-based niche sites, and will be prominently positioned instead of buried there, but monetization is also more challenging for these niche films than for films whose topics are more generic, such as conspiracy, rom-com, thrillers, kids and sci-fi, which travel more easily, even in the art house sector. 

However, platforms evolve, as do genres and trends in buying. Things go in waves. For example, some online platforms that were heavily active in buying indie and art house film have, at least for now, stocked up on feature films and docs. They are turning their sights to TV series in order to attract return audiences (hooked on sequential storytelling), justify continued monthly SVOD fees, and /or increase AVOD returns. 

Attitude Shifts

One plus these days is that conventional film platform buyers can no longer sit back with the same historic attitudes to buying or pricing as before, as they’re no longer the “only game in town” and have to be more open in their programming and buying practices. But not only the platforms have to shift their attitude. 

To really see the growth in audiences and revenues in the coming year or two, filmmakers (if dealing direct) and/or their representatives (sales agents, distributors, agents) must act quickly, and start to work together where possible, to seize timing opportunities, particularly around certain countries where VOD activities are heating up. Moreover, since non-exclusive VOD revenues are cumulative and incremental, they should also take the time to balance their strategies with traditional media buys, to build relationships, construct a longer-term pipeline, and maintain realistic revenue expectations. 

This may require new approaches and initiatives, drawing on DIY and shared hybrid distribution, for example, when the traditional sales agent or distributor is not as well-versed in all the digital sector, but very strong in the other media—and vice versa. Joining forces, sharing rights, or at least activities and commissions is a great route to maximize potential for all concerned. One of our mantras here at Rights Stuff is “100% of nothing is nothing.” Rights holders sitting on the rights and not exploiting them fully do not put money in your pockets or theirs, or new audiences in front of your films. 

Thus, new filmmaker roles are increasingly important. Instead of sitting back or abdicating to third parties, we find the more successful filmmakers and sales reps in VOD have to be quite active in social media marketing, audience engagement, and helping fans find their films once deals are done.

To learn more about the all the new service offerings available in Europe to the savvy producer or sales agent, read Wendy’s entire chapter in the new edition of Selling Your Film Outside the US when it is released later this month.  If you haven’t read our previous edition of Selling Your Film, you can find it HERE.

May 15th, 2014

Posted In: book, Digital Distribution, Distribution, International Sales

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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

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