Tuesday, February 1, 2011

Questions To Ask Potential Distributors

Seems I get this question from a lot of first time filmmakers facing the daunting task of what to do after you finish your film. The traditional route is to go to film festivals, then seek out a distributor. This is not necessarily the best course of action for every film. But since I have spent the past decade in independent film distribution, I thought I would take a moment to give some quick advice on how to qualify a potential distributor.

We've all heard the horror stories of independent filmmakers that have been ripped off by shady distributors that cook the books, refuse to pay royalties, or charge weird fees with no explanation. I hate these guys as much as you do. They give the rest of us a bad name. If this does happen to you, contact IFTA, the Independent Film and Television Alliance. The alliance is an organization of independent film distributors and keeps track of the different distributors out there. Also check to see if they already have complaints against them.

Since the world of distribution is a closed world, not many people are well versed in all of the independent distribution companies. I've been doing this for awhile and there are new companies popping up every day.

So if you are seeking distribution, or you have been approached by a potential distributor, here are 5 quick questions to ask them:

1. What are some of the other films that they have acquired? Are they theatrical films or TV movies? Are they films similar to yours?

2. Who do they do business with? Do they sell to theatrical distributors, broadcasters, VOD platforms? Basically, you want to know their level of reach. If they can't point to a successful track record of selling films to major distributors or broadcasters, then what makes them think they can do it with your film?

3. Which film festivals/markets do they attend? You want to be sure that your film will get the exposure needed. If they aren't out in the market selling your film, then how do they expect to sell it? Some of the major film markets include Cannes, Toronto, EFM in Berlin, AFM, and FILMART. The major TV markets are MIPTV, MIPCOM, ATF, and DISCOP. Don't think that only TV buyers go to TV markets and vice versa. Broadcasters go to film markets and Theatrical distributors go to TV markets.

4. What type of company are they? Are they a producer's rep, sales agent, or distributor? Typically a producer's rep or sales agent will take a percentage but offer no money up front. A distributor will usually pay a license fee as an advance against sales and take a small percentage of the sales that they do. One is not better than the other. If you are starting out, it may be difficult to get yourself a distributor without a sales agent or producer's rep guiding you through the process. Whatever you do, do not pay a sales agent or producer's rep to handle your film up front. I've heard of some unscrupulous agents charging as much as a $5,000 fee to handle your film. If they think they can sell it, you shouldn't have to pay them. If they are asking for a fee up front, then they think they can't sell your film. You're better off doing it yourself.

5. What sort of marketing presence do they have? Do they have a website with trailers and artwork posted? Do they take out ads in the trades? What sort of an online presence do they have? Do they have a Twitter feed and a Facebook page? Also important to look online to see what people are saying about them.

This is just a start. For a more in depth view of distributors, please check out Mark Litwak's Dealmaking Tips.

Just be aware that if you have a small self-financed film with no stars, that an advance is not likely. When I started out, you could get six figure advances for small films with no stars. Nowadays, that sort of advance is increasingly rare. This is why it is more important than ever to vet your distributor and make sure they are the right partner for your film.

Also, be sure to check out my other post: 10 Tips For Independent Filmmakers Seeking Distribution