OVERVIEW OF THE MOVIE BUSINESS
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1 OVERVIEW OF THE MOVIE BUSINESS p r e s e n t e d b y S t e p h e n C. S o h C O L I N N G & P A R T N E R S L L P M a y
2 CONTENTS 1. Introduction 2. Stages 3. Chain of Title 4. Creative Control 5. Waterfall
3 INTRODUCTION - Trailer for TMWKI -
4 STAGES - Conceptualisation - Development - Pre-production - Production - Post-production - Sales & Distribution
5 CONCEPTUALISATION - Original idea - Option rights - Books, spec scripts, published works - Preparation of outline, synopsis &/or treatment - Pitch
6 OPTION RIGHTS - Exclusive right to purchase an interest in a copyright work, for a prescribed period - Usually between 6 months to 24 months - Small upfront option fee payment (usually ~10% of purchase price and paid against purchase price) e.g. $5k today for exclusive option to buy film rights in 18 months for $50,000 - Allows the producer time to consider the feasibility of the project and to raise funding, before incurring the full cost
7 WRINKLES - Automatic extensions subject to payment of extension fees (not against purchase price) &/or due to force majeure - Purchase price as % of budget (with floor &/or ceiling) e.g. $1,000 option for 18-months, against 2.5% of the budget with a floor of $50,000 and a ceiling of $500,000 - Backend participation (out of defined profits) & additional benchmark payments (box office gross sales, DVD sales etc ) - On-screen and advertising credits - Interest in derivative works
8 OUTLINE - Describes each scene and its important action(s) - Sample (Big Fish): Seq. 16 Pages In Bed with Will and Josephine Will explains that he doesn t truly know anything about his father, only tall tales and stories with punchlines. Seq. 17 Pages Breakfast Over breakfast Will tries to talk with his father about what, if anything, he truly believes. Will gets a Jesus/Pinocchio joke for his troubles.
9 SYNOPSIS - A short (2 to 3 page) summary of the plot of the screenplay - Highlights most important elements and scenes - Used as pitch to agents / producers to generate interest - Sample:
10 TREATMENT - Longer-form (3 to 5 pages or more) summary of the movie in narrative form - Used as pitch to producer & prospective collaborators or as precursor to screenplay development - Superfluous once screenplay is ready - Sample:
11 DEVELOPMENT - Rights acquisition - Development financing - Commission screen writer - Coverages & rewrites - Development hell - Creative control
12 PACKAGING - Attach `above-the-line cast and crew (director, screenwriter, producer and lead actors) - Deal memos (pay or play) - Determine above the line expenses (rights to secure material upon which screenplay is based and production rights, compensation for above-the-line cast and crew) - Budget top-sheet (fixed costs)
13 PRODUCTION FINANCING
14 PRODUCTION FINANCING - Debt & Equity - Grants & Tax Rebates - Deferments & Service Deals - Pre-sales - Negative Pickup - International Sales Companies - Gap financing - Crowdfunding
15 DEBT - Family & friends - Third party investors and financiers - Lower risk vs lower return - Collateral - Backend?
16 EQUITY - Filmmaker sell an interest in the film or film company - Interest means a financial participation in the films revenue - Distributes risk for the filmmaker - Investor only recoups if the film shows a return - Higher premium or rate of return reflects the level of risk - Security laws
17 GRANTS & TAX REBATES - Soft Money - Tax incentives (credits or rebates) and deductions / allowances) - Co-production treaties - % of in-country spending back in rebates - Can be bankrolled or cash-flowed to offset investor risk
18 DEFERMENTS & SERVICE DEALS - Amounts payable to cast and crew for services rendered that they have contractually agreed to postpone receiving until the film begins generating gross receipts - The individuals assume the risk that the film does not generate any gross receipts or generates insufficient gross receipts to recoup their deferments - May be coupled with additional royalties or back-end participations
19 PRE-SALES - Distributor buys distribution rights before the movie is made in exchange for a minimum guarantee - Producer must show good reputation, script, cast & crew - Distributor benefits with preferential terms - No payment until delivery of the completed film - Producer cashflows the minimum guarantee with a bank, at a discount
20 COMPLETION BOND - Before cashflowing the minimum guarantee, the bank will take collateral and require a completion bond - The bond issuer guarantees the film will be completed within budget and on time - If it doesn t, the bond issuer must either repay the bank or pay the cost of completing the production - The bond issuer will not issue the bond unless it is satisfied and confident that the producer can complete the film in time and on budget
21 NEGATIVE PICKUP - Movie studio / distribution entity enters into contract with producer to purchase the movie at a given date for a given sum - The studio / distribution entity is given distribution rights, with net profits split with the producer - The producer can again secure a bank loan against the negative pickup contract to help meet the production costs
22 PRE-PRODUCTION - Engage below the line cast and crew - Plan logistical and creative aspects - Recee locations - Costume design - Set design - Story board - Insurance - Filming Schedule
23 PRODUCTION - Principal photography - Out of sequence - Continuity - Retakes - Overages - Underages - Creative control
24 POST-PRODUCTION - Picture and sound editing - Overlay of adjustments and effects - CGI, music scoring, sound synchronisation etc - Credits - Titles - Final cut - Creative control
25 SALES & DISTRIBUTION - North America (Domestic) - Rest of World (International) - Sales Agents & International Distributors - Film Festivals - Online Distribution Platforms
26 EXPLOITATION - Theatrical - DVD & Blu-ray - Cable TV / Satellite (paid) - Network TV (broadcast networks) / Free to air - Internet / Digital Distribution (Netflix, Amazon, Hulu, itunes, YouTube) - Airlines, hotels, oil-rigs, prisons, etc
27 ANCILLARY RIGHTS - Novelisation rights - Remakes, Sequels, Prequels and spin-offs - Internet distribution (OTT, SVOD) - Soundtracks - Music scores - Character merchandising - Collector editions
28 NETFLIX, HBO, HULU - Streaming services now account for over 70% of peak traffic in North America, Netflix dominates with 37% (Venturebeat 7 Dec 2015)
29 NETFLIX
30 STAGES - OVERVIEW
31 CHAIN OF TITLE - Legal documentation establishing proprietary rights to all relevant components of the film - Original copyright filings, option agreements, acquisition agreements for spec screenplays, work-for-hire agreement from screenwriters, releases from location owners, on-screen performers and other key creative contributors to the project, etc etc
32 CREATIVE CONTROL - Screenplay - Director s cut - Final cut - Market research - Test screenings
33 THE WATERFALL
34 THE WATERFALL - Senior Debt - Mezzanine debt - Preferred shares - Ordinary Shares - Deferments - Net profit participations - CAMA
35 WATERFALL RECOUPMENT
36 WATERFALL RECOUPMENT
37 THE END! THANK YOU! GOOD BYE! Contact Stephen Soh Colin Ng & Partners LLP DID:
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