If I were a filmmaker going to Sundance….

Today's guest post is by Orly Ravid of The Film Collaborative (TFC), the first non-profit, full service provider dedicated to the distribution of independent film.  Orly was featured as one of HFF's Brave Thinkers Of Indie Film, 2010.

* This is part 1 of 3 parts to this Sundance focused blog.

* Part 2 will be written during the festival.

* Part 3 will be written in the aftermath of the glow of the fest.

If I were a filmmaker going to Sundance, and let’s say that I had a film with no recognizable press-generating cast that would be attractive to a distribution company for a large MG… What would I do? Seriously, I asked myself that question. And I realized how tempted I would be, even I, to find some sexy publicists and rockstar agents or sales company so that I could get the hot sexy sale at Sundance and make all my dreams come true.

What can a distributor do for you that you cannot do yourself with just a little bit of money, not even a lot, and some low fee consultation? And above all, what are you giving up by not building community for your film before and during the fest, instead letting other people run your show, potentially losing out on the momentum of the festival?

Let’s look at some films from Sundance last year that were in this position and the routes they took and what they may have netted. These are films that cut distribution deals of some kind and got less than wide releases from their distributors:

A Small Act (Doc): Distributed by HBO, I don’t know exact sale price but suspect it was less than $150,000 and they did not need a sales agent to do that.  They are also a TFC client for festival distribution. TFC handled film festivals for the filmmaker though by the time we got involved HBO had aired the film and that hurt our festival bookings and hence diminished potential revenues to the filmmaker. The director, Jennifer Arnold, is presently closing a DVD deal as well that she got herself.

*Gasland (Doc): Distributed by HBO, TFC consulted at Sundance along with their lawyer Michael Donaldson, and they did not need anyone to help them get a good HBO deal though they did have help handling offers and pursuing interest. The deal came to them directly and would have come to them regardless.  They did some self-distribution for theatrical (Box office $30,846) and festivals. The film is now available for DVD.  Zipline did PR and the film got its good rightful share of it.  The filmmakers received a deal that has worked out very well, with some great PR and it played lots of fests. It’s shortlisted for the Oscars too.

*Extenuating circumstances: Debra Winger executive produced this film and she definitely helped a lot. Josh Fox is a very committed activist and spokesperson of the film’s critical message so he is very embedded in the community that would be most interested in this film. It’s a great example of a film that got a lot out of being at Sundance and the filmmakers got a deal they are happy with and they probably recouped as a result given the low budget of the film.

A Film Unfinished:  Distributed by Oscilloscope. I will say that $320,000 theatrical box office is very very good (I have no idea what they spent though to release the film but it’s likely some money was made on the theatrical). The film had a sales agent (CINEPHIL from Israel) and I am almost positive the MG was less than 6-figures. My judgment is that the filmmakers could have done just as well releasing on their own with just some money set aside for a booking agent and a publicist, especially for this niche.  It is a doc that hits a niche audience that works consistently and is lucrative and I can’t say that the filmmakers needed a sales agent and a distributor to be in between the film and its audience. I doubt the filmmakers will make as much money as they would have handling the film on their own with just some low fee consultation.

The Dry Land - reported budget from imdb $1mil, box office  $11,777

Most likely a service deal since it was theatrically released by Freestyle Releasing. Freestyle service deals are not cheap; most of their releases involve budgets of $200,000 + (though sometimes less) and most for-profit service deals involve fees of tens of thousands of dollars). Clearly not a good result here, but we assume hoping to recoup in home video.

Douchebag -Paladin is distributor and so that generally means it was a service deal paid for by the filmmakers. However the filmmaker Drake Doremus told us: "douchebag was not a service deal paid for by the Filmmakers. Paladin bought the film from us for an amount way above the budget of the film." Bravo! Box office return however was $20,615. Also, not a good return.

Bhutto - Distributed by First Run Features. Just released December 3, to day box office $16,216, only playing 2 theaters. A large advance was not paid and most of what was accomplished could have been done by the filmmakers themselves without large percentages paid.

Taqwacores: Distributed by Strand , most likely a very small advance was given. The box office was $9,347 on 2 screens. Another example of a film that could have done this much better and faired better overall without a distributor involved. With just some low fee consultation, time and money set aside, the filmmaker would still be in control of their film and able to work up the audience.

I am not knocking these deals, simply noting that if one is to do them, one should at least cut out excess middle men and do them smartly, reserve some rights, negotiate carefully on the back end, monitor expenses, maybe even have been better off not doing these deals.  It would have helped all of these films to build community around the film leading up to the festival and exit the festival with a bang, ready to reach audiences immediately. I think a lot can get lost during the time it takes for distributors to bring films to market, especially for the smaller films.

I think the decision to cut a deal with a distributor, no matter what, is emotional because even when I put myself in the filmmakers’ shoes I realized the emotional power of having an offer made to just take care of this for me. It signals that what has been made must have value and was done well. It also allows for one to not have to get hands dirty with the money stuff and the business stuff.

But, if you are a filmmaker, you did choose the most expensive art medium in the world and unless you are rich or your investors don’t care about getting their money back, I want you to at least consider this: You don’t NEED traditional distribution. For MOST of you, without special connections or name cast, MOST traditional distribution will not serve you. Most distributors don’t pay enough or do enough or are fair enough, and many of them have to raise P&A anyway, or hire the same service providers you can, so do the math, think twice, and be careful.  And remember, buyers are happy to buy direct, especially many TV buyers and VOD platforms, and you can get inexpensive help negotiating.

The more you can set up to do on your own the better for you and your investors in the long run. You run a risk doing nothing in terms of building community around your film or not setting up a distribution plan, having several layers of middle-men and waiting for Godot.  When you do the math, the Sundance dream often connects up to cast-driven films and just a few rare gems each year, and there are those to be sure, each year, but just a very few.  Most other deals you could get anyway if you wanted them, with someone on the side advising you in a fair way.

PS: Here is additional info on films from Sundance 2010:

* 3 BACKYARDS: Screen Media all rights, no verifiable release.

*12th AND DELAWARE: HBO Films, premiered on 8/02/10,currently HBO OnDemand.

* ANIMAL KINGDOM: Sony Pictures Classics, Box office $1,008,742 and this is a great example of a film that might otherwise have done no business were it not for Sundance.

* CATFISH: Rogue Pictures / Universal with a box office of $1,315,573 and it is definitely a great release for a doc and if the deal is good for the filmmakers then it’s a dream come true. Of course that’s an ‘If”.

* CASINO JACK AND THE UNITED STATES OF MONEY: Magnolia Pictures, $175,865 – and this is directed by Alex Gibney one of the most famous doc directors but sadly probably lost market share to the feature starring Kevin Spacey.

*EXIT THROUGH A GIFT SHOP: Producer’s Distribution Agency (a distribution company set up by John Sloss specifically to handle this film), Box office $3,291,250. I am in love with that film, and it’s to Banksy’s credit the film did what it did and some in the industry actually think it was a financially weak release given how much was spent, estimates are put at over a million. In any case, most filmmakers cannot imitate a set up that had John Sloss turn down a just over 6-figure advance (as far as I know) because he wanted to handle the release himself and he did with the help of Richard Abramovitz and had the reputation and cult following of Banksy, Shepard Fairey , and Thierry Guetta.

*FAMILY AFFAIR: OWN the Oprah Winfrey Network, air-date:  possibly spring.

* THE FREEBIE: PHASE4, the box office was just  $16,613 the deal was allegedly worth low - mid six figures for US & Canada, all rights.  The film was sold by Visit films.) Now I have inspired Phase4 to buy two films I did not take a commission on.  I am not saying Visit films is not great and I am not saying it’s not great to have guidance at a festival or market especially when there is a bidding war, which there was apparently, I am just saying buyers buy films they want, not because of who is selling them.  We hope the filmmakers of all these films weigh in on their overages and overall bottom line.

* FREEDOM RIDERS: PBS with an outreach campaign by outreach campaign by American Experience...www.pbs.org/freedomriders, film to

be shown in May on 50th anniversary of the original rides. Ok that’s cool.

*GROWN UP MOVIE STAR, NO US or INTL distribution, E1 entertainment is the sales agent, Mongrel Media (distributor in Canada)

* HESHER: NewMarket, reported budget $7mil, no release info

* HAPPYTHANKYOUMOREPLEASE (DISTRIB: Anchor Bay, release was supposed to be in March but as far as we know it has not happened yet).

* THE IMPERIALISTS ARE STILL ALIVE: no info

*JEAN-MICHEL BASQUIAT: The Radiant Child (Arthouse Films (which also produced the film), Box office was $250,129. A big hit in France, what a great niche and great doc. The producers did handle their film themselves in the US.

*LAST TRAIN HOME, Zeitgeist Films, released: 9/03/10-TOTAL GROSS: $282,092

(Here is a good example of a good doc sales company from what we hear and a good US distributor and a doc that probably sold well relatively speaking).

* LOVERS OF HATE: IFC –which is primarily a VOD play and some very traditional deal terms.

* MY PERESTROIKA: no info

* THE OATH: Zeitgeist, box office $42,273

* OBSELIDIA-reported budget $500K, still with a sales agent it appears

*THE RED CHAPEL, Lorber Films, opens 12/19/10 at IFC Center, Lorber Films plans a theatrical release of the film in the U.S. and Canada, followed by television broadcast and a DVD release.

* RESTREPO (US distribution: National Geographic Entertainment, Box office $1,330,058 –another Sundance success story to be sure, assuming terms are good for the filmmakers, which we have no information about

* SYMPATHY FOR DELICIOUS: Maya Entertainment (US, media)

* SKATELAND: Freestyle Releasing in March 2011 – and this means most likely it’s a service deal and paid for by the filmmaker. I should note that sometimes Freestyle helps raise the P&A. (though I don’t know what their cut is; one day I will ask).

* TWELVE: DISTRIBUTOR is Hannover House and the box office gross was $183,920 (somewhat shocking given the cast and the director.

*UNDERTOW: (Sundance World Cinema Audience Award Winner) TFC is doing theatrical and worldwide festivals and consulted on the distribution deals. We will be covering this in a case study to be written after the release is completed.

*WASTE LAND, Arthouse Films, released 10/29/10-TOTAL GROSS: $96, 597

Arthouse Films handled the theatrical release later followed by a DVD and digital release on the Arthouse Films label in early 2011...E1 Entertainment holds the international rights and is managing worldwide sales which to date include Australia (Hopscotch), Hagi Film (Poland) and Midas Filmes (Portugal). E1 Entertainment will also distribute the movie in Canada and the UK. Downtown Filmes is the Brazilian distributor.

* WINTER’S BONE: Roadside Attractions, Box office $6,210,516, and this is a great example of a film that would have likely lingered in oblivion were it not for Sundance and the right distributor);

* Other films not listed in detail are Cyrus, The Kids Are Alright, Waiting For Superman, Splice, and The Runaways because they all have big names involved, in a few cases the deals were done before Sundance and not all of them even had great releases in the net analysis.

Orly Ravid has worked in film acquisitions / sales / direct distribution and festival programming for the last twelve years since moving to Los Angeles from home town Manhattan. In January 2010, Orly founded The Film Collaborative (TFC), the first non-profit devoted to film distribution of independent cinema.  Orly runs TFC w/ her business partner, co-exec director Jeffrey Winter.

The Douchebag Process: A Look Inside

Guest post by "Douchebag" writer/director Drake Doremus. We actually shot "Douchebag" in two separate sessions over the course of a year and a half. The first time we went out we had a very specific outline from which the actors improvised from and the second time we had a loose script with lines actually written.

The first scene in the film for instance where Sam is laying in bed with Steph was mostly written and shot during the second session when we knew exactly how to set up the film. A lot of the rambling lecture scenes -- like the scene on the beach about kites, the credit card fiscal responsibility scene, and the scene about our hands not being designed to tear flesh -- were all shot the first time out when we had more character than story.

It wasn’t until after editing the first session’s material that I knew the exact pieces we needed to finish the story. The filmmaking process was very exciting and challenging for me but also very creatively freeing because I could keep writing and coming up with ideas after I'd shot, the film kept evolving that way and there was always a way to make things better. It's really the only way I would work now I think. I learned so much.

In pre production a lot of what I was doing was watching Woody Allen films. I really admire him and his process on his films. I hate it in movies when actors wait for people to finish their lines before they speak. He really has a way of making things seem real and unrehearsed.

I read somewhere once that thirty percent of his film budgets are dedicated to reshoots and pick ups. That sure is a luxury but I sure love the idea of knowing you’re gonna shoot more and no matter what get it right for what you were trying to make.

I love that he makes at least a movie a year it seems, I’d love to be able to do that. I just shot my third feature this past June called Like Crazy and I’m very excited about it. It’s the story of a seven-year long distance relationship between a young man in Los Angeles and a young woman in London. It was mostly improvised from a fifty page outline, so I’m continuing to use this format. I’m cutting that now and I’d love to do my fourth in 2011. It’s hard to keep going so fast but as long as I have ideas that I’m passionate about I won’t stop.

After I’ve shot and have time to reflect and gain perspective on where the story wants to go, in a way it tells ME where it wants to go. The footage we had on Douchebag spoke to us and the rest of the story just kind of filled itself in and it was very clear at a certain point of what we needed. The story was always about two brothers and one was always getting married and they always went on the road to find Mary Barger so it was really just finding a support structure that finished telling that story. The ending for instance was literally filmed last on purpose always knowing that we wanted to build up to that and find what it was last just like the characters do in the story.

I guess you could say I’m always striving to find everything organically. I never want anything to feel forced or on the nose. I love subtly and and organic characters who are reacting genuinely to their environments and the scenarios that are thrown at them. That was always my goal on Douchebag. I love those moments on set when the camera is rolling and the actors don’t realize it for a while and then the scene starts organically without an ”action” or a mark being hit. There’s nothing more exciting then when the actor and the character become one.

To back track to the start of this whole thing…I was in the edit room with Andrew Dickler (who is a picture editor and not an actor, in fact never had acted ever before in his life) in 2007 and about a month in to working It hit me that I had to make a movie about him. It was a lighting in a bottle type moment. I had known Ben Jones since we were 16 doing plays in my mom's theater basement and I had this idea that the two would have an anti chemistry, if you will, where there would be this natural conflict onscreen. The two become friends but always had the perfect onscreen anti chemistry. I always knew they had to be brothers at odds. The road trip aspect came later, It was much more interesting than the brothers sitting in a room and talking for 80 minutes.

I think the autobiographical part spawned from my real life relationship with Andrew in real life. We became fast friends but I always found myself in intense conversations about things with him that I never discussed with anyone else before, like weather figure skating was a sport or a dance contest and his opinion after he learned that I did not have a credit card and of course listening to his theories about eating meat and the environment. The character Andrew plays in the film is a very exaggerated version of himself and that was always the plan. Given that Andrew had never acted before I was and still am blown away at his ability to commit to the moment.

Check out the DOUCHEBAG trailer.

Friend DOUCHEBAG on Facebook here.

Relish these reviews (and see it this weekend!):

"A bubblingly sharp, fresh, dark and winning comedy! A minimalist Sideways." - Owen Gleiberman, Entertainment Weekly

"Surprisingly hilarious and cutting, this lo-fi comedy about two ill-matched brothers reconnecting while looking for one's old sweetheart is distinguished by sharp dialog and terrific lead performances by Dickler and Jones." -New York Magazine

"Smart, surprising, and funny! Hollywood could learn a few lessons from this indie sleeper." - Leonard Maltin, Maltin on Movies, ReelzChannel

"Dickler gives an inspired comic performance!" Keith Uhlich, Time Out New York

"Refreshingly original! Tremendously effective." -Metrosource

Drake Doremus, 27, a graduate of the American Film Institute, is the youngest fellow to be accepted into the program at the highly lauded institution. Doremus' first feature film, SPOONER, premiered at Slamdance in 2009 and Won Best Feature at the Louisville International Fillm Festival, Mt. Rainier, Sonoma International, Newport Beach International and Lone Star International in Dallas. The film will be released theatrically by Moving Pictures in January 2011.

Doremus’ second feature film, DOUCHEBAG premiered in dramatic competition at the 2010 Sundance Film Festival to rave reviews.  The film is being released by Red Dragon and Paladin and will open in New York on Friday October 1st, followed by Los Angeles on the 8th and several prominent cities throughout October.

Doremus recently completed principle photography on LIKE CRAZY, his third collaboration with Jonathan Schwartz of Super Crispy Entertainment.  LIKE CRAZY stars Anton Yelchin (STAR TREK, TERMINATOR SALVATION), Felicity Jones (THE TEMPEST, CEMETARY JUNCTION) and WINTER’S BONE sensation Jennifer Lawrence.  It will be completed in 2011.