16+ Thoughts On Picking A Producer's Rep

You've made your movie.  You've even applied to some great film festivals, and maybe they've been encouraging.  Now people are calling you, asking to see it, and offering to license it on your behalf.  How do you determine whom to collaborate with?  What questions need to be asked BEFORE you make a deal? The best thing you can ever do is talk to other filmmakers who have worked with the rep -- and not just the ones that the rep recommends.  Make those calls.  The second best thing you can do is to have a face to face meeting with the proposed rep.  The personal approach matters.  Look them in the eye.  Connect.  Have a beer or a cup of coffee.  Ask yourself if you'd like to have dinner with them a year for now.

Now start to ask some questions, ask for some help, and gain a better understanding of both the process and the individual or company you are considering.

  1. A good Producers' Rep will help you understand the process better.  Have them walk you through how they think the deal will go down.  Beware of the seduction but listen to what they reveal about your film and their thoughts on the industry.
  2. Hopefully they will give you insight into difficult situations.  Where might there be conflict?  How will they protect your investors?  What to do if a deal is better for the investors but seems worse for the film or filmmaker?  What are examples of these scenarios?
  3. Can they give your film the attention it needs?  How many other films will they be handling during this market period?  Do these other films enhance or detract buyers' interest in your film?
  4. Good films sell themselves, they say, but can they be helped?  What do the reps suggest the filmmakers do to further enhance the potential of the film to connect with audiences & Buyers  (i.e not with the film, but with other promotional aspects)?
  5. What can They do to further enhance the potential of the film to connect with festival programmers, critics, and buyers?
  6. Are there any deal aspects beyond advances and fees they suggest we pay close attention to?  Why?  There are a boatload of issues to consider and how the Rep portrays these will reveal a great deal.
  7. What other festivals do they think the filmmakers should consider?  What are the advantages and disadvantages of the various film festivals?  Even if they are only repping US, how do they think the filmmakers should use the international festivals.
  8. Are there press agents domestically & abroad they recommend the consider and why?  Can they help get a better deal?
  9. How would they position this film with buyers?  Why?
  10. What do they see as the marketable aspects of the film?
  11. Which distributors do they see as potential buyers for the film?
  12. Who do they see as the best home for the film, and why?
  13. What are their thoughts for a strategy for the film in North America and world wide?
  14. Is this the right size of film for the Rep?  Some are better with big movies, others with small?  Why are they the right fit?
  15. How do they feel about a hybrid approach for distribution, aiming for separate deals for different forms of distribution? Does it make sense for your film?
  16. Do they have any potential conflicts of interest?  For instance, of the Rep does foreign sales in some territories, how do they make that work for films that they sell?  If they also manage some clients and not others, how do they make that work?

This list is by no means exhaustive.  It is just some thoughts to get the ball rolling.  Please give us more suggestions.

 

Sundance Sales Dissection: Septien (Part Two)

Today's guest post is from George Rush, producers rep and attorney.  Yesterday George started telling us about how he engineered the sale of Michael Tully's Sundance At Midnight hit, SEPTIEN.  Today's post concludes the dissection. I had been to Sundance before with Midnight films and know it can be difficult to get good buzz.  Sundance audiences are not reflective of real audiences.  It is a mixture of film nerds, rich party people, and earnest do gooders seeking some culture.  I’ve found most people want to see the buzzed about stereotypical Sundance films—The Are All Right, Winter’s Bone.  These tickets are hard to come by.  However, midnight screening tickets are easier to come by and thus people get stuck with them.  They come in hoping for some culture and get blood and guts and farts.

I’ve seen packed houses at Midnight screenings pretty empty by the time the lights came up.  Because Michael’s film, SEPTIEN,  is so different, I felt a good number of the audience and some critics would dismiss it outright because it did not fit their expectation of what a Sundance film should be.  It sort of reminds me of a friend of mine who hates Wes Anderson movies because he expects Bill Murray to always play the Bill Murray of Ghostbusters.

Those who stayed, who bought in, would be massively rewarded by SEPTIEN, but there would be some naysayers.  So my feeling was Sundance was going to be a wildcard, with champions and detractors.

With a small film without a cast, getting positive buzz is essential.  With so many high profile star driven films at Sundance, it is easy for a non-buzzed film to be overlooked.  Michael’s film is hard to describe—you just need to experience it.  Screening at Sundance would mean a buyer getting it, and having the balls to take a risk on something new.

Ideally, the Sundance formula is the buyers see a screening at the fest, the crowd loves it, the press loves it, the energy in the room reaches a fever pitch and the buyers lose their sense and overpay or get in a bidding war and the filmmakers all buy new jetskis (“the jetski scenario”).  Conversely, you have a bad screening, and that energy is sucked out of the room and it is more of an uphill battle.  Given the originality of Michael’s film and the fact it was a midnight screening, I was concerned.

However, I also thought the film was completely awesome.  I had spoken to IFC about another film I was repping about possibly including it in their Sundance stunt, that is IFC acquires the rights to the film before the festival and launches it on VOD at the same time it premieres on IFC.  I had a sense of what the range was of what they were paying, and also knew that they planned to have five films for the stunt.  Most filmmakers or reps don’t consider this option because they are holding out for the jetski scenario.  However, I felt if we could get IFC interested, perhaps we could get the other buyers interested and do something before the fest.

I have done a couple of deals with Jeff Deutchman at IFC and contacted him about Septien.  Describing the film sounded borderline crazy, so I really had to stress how much I believed in it, which I actually did.  We had a pretty good rapport, and he checked it out.  He too understood how good it was and that there was potential for a bigger film if given the chance.  It quickly was screened by the IFC team and they made a pretty decent offer.

Once we knew they were interested, we quickly got screeners to other distributors we felt might have an interest in the film, letting them know that we had a time sensitive offer.  Meanwhile, our conversations with IFC continued and the terms of the offer seemed reached our goals—recouping the costs of the film and a theatrical commitment.  IFC had a certain urgency because of their Sundance stunt and were more motivated to make this happen than I believed they’d be at Sundance.

So we were at the crossroads of taking a good deal from IFC, or rolling the dice and seeing what happened at the screening.  I know Michael was at first conflicted, but ultimately I believe quite strongly that this was the right choice and the right partner.  As we expected, Septien divided critics.  It is not a genre film, not a typical Sundance film, no stars, weird, but nonetheless an exciting cinematic experience.  I have to commend IFC for taking a chance on this.

So that’s how it went down, and I am proud to have been part of it.  There is nothing more rewarding in what I do than seeing a little film, with little to no resources, actually succeed as a film and better yet with a buyer.  It is like witnessing a miracle.  So much of the indie content is so similar in tone, style, issues and setting.

When I read summaries from film festival catalogs to my wife she thinks I’m just making up joke indie summaries.  These films are good, and what drew me to indie film in the first place.  But outside the indie film world, most people don’t care, or worse yet, hate indie films.  But to see something new, to hear a fresh voice, to have a film be outside my expectations and exceed them actually gets my adrenaline flowing.

Commercially speaking, the goals for all indie films is to breakout of the indie audience and find a larger broader audience.  Maybe I’m wrong, but I believe if our business is going to reach a new and larger audience, there needs to be more risk taking films like Septien.  I constantly hear filmmakers bemoan the state of the business, but I would also bemoan the state of most content.  Budgets are lower, buyers pay less, so if you’re going to make a bold move in your filmmaking, there is no time like the present!

Now go and order Septien on VOD!

George Rush is an entertainment attorney and producer’s rep in San Francisco.

Sundance Sale Dissection: Septien

Today's guest post is from attorney and sales rep George Rush.  It is part one of two. George handled the sale of Michael Tully's Septian to IFC's Sundance Selects. I have worked as a lawyer or a producer’s rep on hundreds of films over the years, and this experience has made me quite skeptical about the business model for independent producers.  The business is worse than it has been historically, but it is still the same very basic model.  You produce a film, a distributor exploits those rights.  You are good at creating content, they are good at marketing.  Hopefully those two things come together to benefit both parties.

I’m a hyper skeptic of producers essentially acting as their own distributors because generally they aren’t strong in both skill sets, and thus something usually suffers.  So I usually assume a producer is good at producing, and try to leave it at that.

Most of what I work on is low budget films with few if any stars.  Ten years ago, I considered a low budget film under two million dollars.  Today, I consider it under $500,000 and believe if you do something for a larger budget without a truly bankable cast, you are being reckless with your budget.

The distribution business has become tougher and they are paying less for content, and thus budgets go down correspondingly.  So how can you make something quality for under $500K—most people fail at this effort and there is a glut of so so films that just can’t compete with larger budgeted film—they are clearly inferior.  Indeed, most festival films in this budget range will never see the light of day beyond the festivals.  However, I don’t know how, but some people do.  It takes an extremely resourceful producer and director who is willing to take some chances to pull it off.

Enter Michael Tully’s Septien.  I hadn’t met Michael before, but I was somewhat familiar with him from Hammer to Nail.  He called me up and said he had a fucked up film that got into Sundance Midnight section.  As I listened to him, it didn’t sound like a genre film, but something that defied categorization.  He sent me a screener, and I really had no expectation when I popped it in.

I had worked on plenty of fucked up films, but most were weird for the sake of being weird and really didn’t have a life beyond a slender contrarian audience.  So I watched Michael’s film and it was fucked up, but it wasn’t weird for the sake of being weird.  There was something strange, unsettling, and wholly original about it.  I watched it again, and I was sold.  I loved it.

I lack a poker face, so I’ve found that trying to sell a film I didn’t like was pretty clear to the buyers.   I only rep a film if I am actually into it, and I loved this one. So I was in, but the film had challenges.  The first was how to characterize this film in a nutshell and who the audience was.  The film did not fit neatly into box.

I came up with a lot of ways to describe Septien -- but my refernces often veered into more obscure things like Dogtooth and Henry Darger.  Cool things for sure, but not exactly elements that scream big audience.  I also felt like the audience would be cool indie kids and would build buzz from there.  I know distributors have a difficult time reaching audiences under 30.  That audience is accustomed to watching things digitally for free.  Our challenges for the film are the indie audience skews older (my parents love The King’s Speech), and that for a distributor, this film would be as hard to market as it was for me to describe.

What to do?  Check back tomorrow for part two.

For another angle on why 38 Films -- Some dark -- Sold At Sundance 2011, check out Anthony Kaufman's article here.

George Rush is an entertainment attorney and producer’s rep in San Francisco.