Today is: July 5, 2008  
 

Hollywood 101

The entertainment industry has never been more robust or profitable. Despite the large number of enticements made available to the public for its leisure-time dollar over the past ten years, theater going has remained a constant form of low cost entertainment.

According to The National Association of Theater Owners, ticket sales totaled $9.5 billion in 2002 - a growth of more than 123.5% since 1987.

Total admissions were 1.63 billion - an increase of over 50.9% since 1987. Between 2000 and 2010, global box office revenues will grow to $28 billion.

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The Advent of the Independent Producer

The end of the 1990s brought downsizing and restructuring to large corporations in industries across the United States. The studios were no exception.

Maintaining expensive production facilities and supporting top-heavy infrastructures have become false economy. Add to that monolithic overhead expense the demands of unions and guilds, runaway production budgets, and attrition across international borders (especially to Canadian competitors) and studios have had to make drastic adjustments to the relative economic inefficiency of their vertically integrated model for the manufacture of feature films.

One strategy is to release fewer films – homogenized down to the lowest common denominator - banking on marketing counsel as to which assets might “guarantee” increasingly unrealistic expectations for grosses per film.

Blockbusters like these are what drive this strategy: Titanic earned $600 million, Star Wars $460 million, Harry Potter $317 million, Lord of the Rings $310 million, Pearl Harbor $198 million, and Spider-Man $115 million - in its opening weekend alone.

Studios are increasingly willing to pay whatever is necessary to assemble the right “elements” in a film to achieve a “blockbuster” – but the major flops far outweigh the handful of record breakers.

Another strategy is to follow the cue of other large corporations in other industries that have turned to out-sourcing, joint ventures, and every conceivable variation of virtual creative teams to minimize (ie: “share”) the risk (and wealth).

Studios have found it far more economical to hire, on a film-by-film basis, the professionals who once comprised much of their permanent staff. Whereas in the golden days of cinema, the development, packaging, financing and production of a film were activities all conducted in-house, each of these activities are now often undertaken by a constantly changing constellation of independent contractors or partners.

As a result, there now exists a whole community of film professionals outside the studio system, willing and able to partner in the production of feature films. These professionals are available on very favorable terms to independent production companies.

Craft guilds and unions almost uniformly have provisions in their basic agreements lowering the floor for wage and benefit terms as well as staffing concessions to accommodate the economics of modestly-budgeted films.

In exchange for roles or films that are more challenging and meaningful than those generally offered by the big studios, actors and directors of considerable reputation will often work for a fraction of their normal salaries on modestly-budgeted projects.

Recent examples of this are films like Chasing Amy, In The Bedroom, Monster’s Ball, Billy Elliot, The Usual Suspects and Snatch whose budgets were $250,000, $1.7 million, $4 million, $5 million, $6 million and $6 million, respectively; which featured such talent as Ben Affleck, Billy Bob Thornton, Halle Berry, Benicio Del Toro, Sissy Spacek, Marisa Tomei, Kevin Spacey, and Brad Pitt.

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Movie Making 101

The production of a motion picture can take roughly six to twenty-four months and generally consists of four stages: Development (including financing and packaging), Pre-Production, Production (or principal photography) and Post-Production.

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DEVELOPMENT

A film usually begins one of three ways:

The rarest (but most publicized) is when an agent circulates a great script by an unknown writer. If this (speculative) “spec” script is bought, that screenwriter is the “flavor of the month” - and (if he or she is smart), parlays that “heat” (word of mouth and publicity) into a career launcher.

More often, a proven-successful writer presents an idea for a script he or she would like a studio or production company to pay him or her to write. This famous “30-second pitch” may result in the Development Executive contracting the writer to flesh out a treatment and/or screenplay - which will then become the property of the hiring entity.

Perhaps most common is when a Development Executive inside a studio or an independent production company comes up with a concept (one or two lines of a story idea) or has perhaps optioned a book or the life rights to someone’s true-life story – and interviews writers to “develop” the concept under their tutelage. Again, this literary property remains an asset of the hiring entity.

Once the script has been acquired, redrafts are usually commissioned, sometimes by the original writer, but more often than not, a high profile writer, known for his or her particular style or strengths (and thus providing some measure of comfort to the studio and/or investors), is matched to compensate the weaknesses of the spec script. Sometimes multiple “hired guns” are brought in to punch up the dialogue, make it funnier, more exciting, solve structural problems, adjust for casting preferences, accommodate the Director’s vision, and so on.

As scriptwriters are hired (and fired), a short list of A-list Actors and Directors is developed (also constantly changing), budgets are approved, and producers assigned. This is the “Development” process.

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PACKAGING

After an approved screenplay has been fully prepared, the film enters the “packaging” stage, during which the studio or production company pursues the director, principal actors and other key creative personnel, estimates the film’s budget and preliminary production schedule.

Often, the addition of these new players necessitates further development of the script to accommodate actor and/or Director prerequisites to committing.

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FINANCING

The producing entity must also raise financing for the film. Sometimes this happens before development – or at any point during or even up to the first day of Principal Photography.

The number and combination of financing sources and vehicles is limited only by the imagination. Most common are private investors, publicly or privately raised pools of investment capital, and/or film studios and pre-sales of ancillary rights or merchandising and licensing contracts.

Independent production companies typically finance their production activities from discrete sources – with a goal of completely financing their motion pictures before the commencement of principal photography.

Producers using bank financing for production most often use private funding for development. This structure allows them to option literary properties, attach directing and acting talent, and cultivate multi-territory relationships for their pictures. Critically, this funding structure also allows them to develop and produce multiple picture slates and to own the copyrights to their pictures.

Development funding is usually accomplished through subscribing investors in multi-picture development company offerings. The production company and the investors own the development company. There are a variety of development-offering scenarios, but most of them deliver the investors returns from the development slate until they recoup their investment and allow them to participate in the completed pictures' earnings.

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PRE-PRODUCTION

The two to four month period between the approval (ideally) of the finalized script and before cameras roll is called “Pre-Production.”

This period is when written commitments, often backed with non-refundable “pay or play” money, are sought for talent, budgets and schedules are finalized, insurance and a completion bond are obtained (if required), shooting locations, studio facilities, and stages are secured.

This phase is usually about a 1:1 ratio for the production schedule (i.e.: a sixty day shoot would have sixty days of pre-production).

(Obviously, there is a lot of overlap between each of the phases and rarely, if ever, do they break down as cleanly as we are trying to illustrate them herein for simple clarity).

In an ideal world, producers try to have all the contracts negotiated and consummated before the first frame of film rolls through the camera. Notoriously, this isn’t always the case. Some films even (Casablanca being a classic example) have actually entered into production without a completed script.

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PRODUCTION

The actual filming of the motion picture is called “Principal Photography.”

Independent films take typically 3 – 12 weeks while most studio films take between 3 - 5 months, all of which can vary widely based on budget, location, weather, and specific requirements (special effects, etc.)

Major cast members are rarely used for the entire time period due to their exorbitant rates. The schedule is usually set around their prior commitments and contingent on their complicated logistics.

Once the production has gotten to this stage, it is unlikely that a studio will shut the picture down - even if the picture goes over budget.

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POST-PRODUCTION

Immediately following principal photography, the film is edited and synchronized with dialogue, sound effects, and music soundtracks. And in some cases, special effects are added. This phase is generally referred to as Post-Production.

It is often said that the film is “created” three times: once when the script is written, once when the actors and directors bring their collaborative spirit to the actual shooting of the script, and finally, when the director and editor actually put the film together out of the raw footage obtained. The Editor and Director agree upon takes and cuts, they can even re-arrange the storyline or change the tone through the editing process. Once the titles are completed, the film is “locked” and a negative is created from which release prints are struck.

Marketing

During post-production, materials are created directly relating to the distribution of the film (e.g. trailers for television and theatrical exhibition and advertising campaigns that include posters and print ads).

The post-production period used to require six to nine months, but recent technological developments have dramatically shortened this time frame to two-to-five months for most films.

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DISTRIBUTION

Shortly after post-production, a film is ready for distribution.

Before the audience can buy a ticket or rent a video, the movie has to get off the producer’s desk and into the movie theaters. This is called “Distribution.”

All industries have wholesalers. Whereas in other industries, the wholesalers are customers for the manufacturers who buy inventory product at discount prices, add a price mark up, and then resell at a higher price; in the entertainment industry, these intermediaries are studios (for films they have not produced themselves) and/or independent distribution companies.

While the major studios usually distribute their own product, independent producers license these rights to the studios or to independent distribution companies. These rights may be for domestic or international theatrical distribution, for home video, pay-per-view, cable or syndicated television, or any combination of media and markets.

Bifurcation of Rights

Independently financed films have the additional opportunity to keep revenue streams from domestic (United States and Canada) and international markets separate – thus maximizing earnings potential. This process is called “Bifurcation of Rights.”

Revenue

The economic life of a feature film may last for decades but generally the bulk of the revenues will be earned over the first three-year period.

Often, investors and producers see their first profits when a film is acquired by – or a contract is negotiated with – a distribution company. Shine, Slingblade, and The Spit Fire Grill were all financed by independent sources and secured $10 million each through their initial distribution contracts.

Shine had a direct cost of $4.5 million and received $10 million in domestic and international advances . Slingblade had a direct cost of $1 million and was acquired by Miramax for a $10 million guarantee . The Spit Fire Grill cost $6.1 million (including deferred compensation) and was acquired by Castlerock for a $10 million advance .

Miramax paid $5 million for Swingers (which had a budget of $250,000). $750,000 of that amount went to pay off deferments while another $1 million was paid in commissions to agencies, leaving about $3 million for producers and equity investors.

The Blair Witch Project, while undeniably an anomaly, is worth mentioning, as it seems to be the pie-in-the-sky lottery benchmark by which popular culture gauges film investing. The production company received $1.2 million from Haxan Films as an advance on a film that cost less than $350,000. Their eventual share of the US box office was $45 million. After payments to attorneys, investors, and so on, the production company’s five-member team split the remaining $20 million.

Today, most theatrical motion pictures are released in this sequence: domestic then international movie theaters, home video, Pay-Per-View, cable, pay TV, satellite, network TV, and finally free TV (independent television). A movie will appear in these markets in a two-year window following its completion and then will often re-appear in several of the television markets in a second two-year period.

Once in the distribution phase, the first year’s revenues will consist primarily of theatrical receipts. The second year’s income is made up of remaining theatrical receipts and the bulk of the home video income. The third and fourth year’s revenues will be derived from the principal television runs and continued home video rentals.

The five markets that have the biggest impact on the revenue produced by films are: home video, DVD, pay TV, satellite, independent television, and traditional theatrical release.

  • Major Theatrical Distribution like Paramount, Columbia, Fox, etc.
  • Cable networks like HBO and Showtime
  • First run satellite premieres like Direct TV, Starz, etc.
  • Video chains like Blockbuster and Hollywood Video
  • Foreign-market distributors

Theatrical Distribution Strategies

Theatrical Distribution is achieved by an experienced distributor’s licensing and marketing of a film for exhibition in theaters on a rental basis. The distributor is responsible for development and placement of advertising, publicity and promotional material in appropriate advertising media, as well as the purchase and delivery of film prints to theaters.

A studio has the ability to put 3,500 prints of one film in circulation on opening weekend. A “wide” release for an independent film would be more like 700 – 1,200 screens, adding more theaters as it increases in popularity.

Although the terms of a film’s theatrical distribution vary greatly, there are certain fundamental economic relationships that are constant. The actual theater showing the film is called the “exhibitor” (AMC, Pacific, Loews, Edwards, etc.) The exhibitor retains a percentage of the picture’s box office receipts (called “rentals”) and disburses the balance to the studio or distributor. A major studio release usually has a 50/50 split while independent films average 49 percent (up from 47% in 1997 and 45% in 1994). The exhibitor keeps all the income from popcorn, candy, drinks, etc.

When a film has been financed and distributed by a major studio, the studio usually divides its gross film rentals in a number of ways. The studio pays itself a distribution fee. Ordinarily this fee equals 30-35% of the U.S. and Canadian theatrical rentals, 35% of those from other English-speaking countries and 40% from the remaining international markets. In addition, the studio reimburses itself for all costs related to the advertising and promotion of the film. A general overhead fee will also be taken by the studio-as-distributor. And finally, as financier, the studio recoups all actual production costs plus interest and then takes an additional overhead fee equaling 10-25% of the actual budgeted costs. This overhead payment defrays the costs of the studio’s production facilities, staff, and investment in the development of the other motion picture proprieties they have developed that never got produced. An additional fee is usually collected if the studio’s facilities are actually used to produce the picture.

After all such costs have been recouped and fees paid, the remaining net receipts are deemed profits. These amounts are disbursed to the parties who have a profit participation of profit interest in the film.

Obviously, the later a studio is brought in, if at all, and the less involved they are in the project, the greater the profits are to the producers and their investors.

Ancillary Markets

The new movie markets are growing so rapidly that they are no longer just supplements to the basic theatrical market, but have become key markets themselves. Domestic theatrical receipts, for the majority of films, now contribute only twenty percent to a film’s total revenue. This figure continues to drop. As a movie is exploited in several markets, the investment risk is diminished and the earnings potential increased.

Home Video/DVD

The home video (Beta/VHS) market began in the United States during the mid-1970’s and grew steadily until 1981. Explosive growth occurred in late 1982 and early 1983.

Cable and Broadcast Television

Television exhibition includes over-the-air reception for viewers either through a fee system (cable) or the advertising-supported “free television” (national and independent broadcast stations. The proliferation of new cable networks in the last fifteen years has created what’s called in the industry as the “fragmentation of the dial,” increasing competition – and opportunity – on all fronts.

Cable television has grown steadily over the past twenty years, accelerating during the past ten years with the addition of many pay TV subscriber services. In 1984, 43% of all the television households in the United States had basic cable, totaling approximately 36.5 million households. Currently there are 34.1 million pay cable households, 12.9 million satellite households and 69.1 million computer households.

The main staple for many pay television services is motion pictures originally released in theaters. Home Box Office has a 400 film a year appetite, and Cinemax, its sister service, has a diet of 200 films per year These services combined represent 60% of the market; Showtime/The Movie Channel has a 28% market share and other smaller pay television services make up the remainder.

Independent Syndicated Television

Independent television is a major source of revenue for theatrical motion pictures. Historically, the six major networks, CBS, ABC, NBC, WP, UPN and FOX, have dominated television broadcasting. For advertisers, the networks have always insured the greatest product exposure and most efficient use of their dollars by broadcasting programs with the widest audience appeal.

Foreign Theatrical and Ancillaries

Most films today made for U.S. release generate more revenue abroad. Generally, if a film does well domestically, it becomes popular in most foreign markets, particularly in Europe and Australia. Until recently, 50% of the revenues were realized overseas.
Ancillary sales including books, soundtracks and merchandise must be set seven to fourteen months in advance of the theatrical release.

Distribution Strategies

In order to increase the chances of a film becoming a “blockbuster,” studios have come to rely on “wide” releases - a pattern of distribution in which a film’s initial exposure consists of 3,500 theaters, or more.

Each print of a film costs approximately $1,500. Thus, for a 1,000-print initial release, print costs alone can total $2 million. Add to the cost of prints alone the cost of advertising and promotion for a nation-wide release, and the average distribution cost of a studio film now totals $20 to $40 million. In short, the total cost of launching an average studio film comes to $47.7 million. Assuming that approximately 50% of the box office receipts are returned to the distributor, a Hollywood film must now make $80 million at the box office just to break even.

This strategy has resulted in some massive losers, but it has also paid off with blockbusters. While the losers outnumber the winners, the winners are so successful that Hollywood’s overall profit margin remains high, thus, the strategy continues.

The fastest way to release a film is to release it “wide.” Studios use this strategy on well-known or easily exploitable subjects (a best selling novel, a favorite comic book, celebrity cast, etc.) that lend themselves to massive television advertising campaigns.

Wide release allows for a big opening weekend when thousands of their prints open simultaneously around the country. Assume a film opens on 2,000 screens, the average mall theater seats 500 people, and the film shows three times a day - you have around a million people leaving the theater on Saturday - and if they tell their friends to see it – the film has “legs,” which means that it’ll run for a long time at the box office. Studios and economic forecasters often use opening box office weekend numbers as a surprisingly accurate measure of what the total domestic box office will be (and subsequently, foreign distribution and rentals.)

A moderate release might open with fewer than 500 theaters overall. The standard definition for an independent used to be a film that opened in 475 theaters or less.

A slow release would bank on a gradual familiarizing of the public through favorable reviews and articles and the deliberate spreading of word of mouth.

Saturation, platform, rollout, sequencing, or cascading are various distribution strategies. The film starts in a few select theaters and moves out in some sort of a pattern. The film may open in a particular market because it was shot there, there’s an affinity for the geographic area, or the locals will go see it for other affinity reasons.

Films with difficult themes or at least an unpredictable audience may open in New York and Los Angeles. Capitalizing on the cosmopolitan nature of those cities. Boys Don’t Cry opened on two screens and expanded to twenty-two screens. After Hilary Swank’s Academy Award nomination, their distribution hit a high of 365 screens. Had the word of mouth not continued to grow, the film (which was originally released 10/8/99) would have likely been re-released after the February nominations were announced (but in this case, it was still in theaters). The film had a $2 million dollar budget and grossed $11 million in the US.

One print of a film usually costs between $1,200 - $1,500 (depending on the length of the film and the current film stock costs). Thus, a wide distribution can cost over $3 million for prints alone. Add to that the costs of ads in major city newspapers (running anywhere from $1,000 - $10,000) and its no wonder many independent films expand their distribution at the limit of their advertising budget.

Producers who fund their own prints and advertising (called “P & A”) can negotiate a lower distribution fee often ranging from 10 – 22.5% with the most common fees being 15 – 17.5%. These deal are often called Rent-A-Distributor or hired gun. Distribution fees typically range between 15 – 50% (usually 30 – 35% for new filmmakers).

 

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