TACTICS AND STRATEGY IN ARRANGING DISTRIBUTION

In my last column, I discussed how distributors perceive the appeal of independent films such as shorts, documentaries and foreign language films. It is important for filmmakers to understand the prejudices and values of distributors so they understand what kind of obstacles they are likely to face when seeking distribution. Of course, distributors often misjudge films, investing huge sums to market flops like GIGLI and BATTLEFIELD EARTH Gigli and Battlefield Earth while passing on films that become surprise blockbusters such as MY BIG FAT GREEK WEDDING and THE PASSION OF THE CHRIST. My Big Fat Greek Wedding and The Passion.

If you are Woody Allen or Martin Scorsese you can produce a black-and-white (B&W) film and obtain distribution. If you are a beginning filmmaker, you will find it extremely difficult to arrange distribution for a B/W film. Even if you attract a distributor, the market for B/W films is tiny. Many television buyers will not even consider licensing these movies. My advice: Save your B/W project for later in your career. Or, shoot your film on color stock and develop it in B/W. This gives you the option of going back and developing your film in color if you cannot secure distribution for the B/W version.

Distributors remain prejudiced against motion pictures shot on videotape or digital formats. They prefer films shot on 35mm stock, although quality films shot on 16mm or Super-16 that are later blown up to 35mm can obtain theatrical distribution. The reality is that many independent features will never be exhibited in theaters. They will be viewed on television and on videocassette or DVD. Thus, no technical reason exists why most motion pictures cannot be shot on video, especially the new digital formats that provide high resolution images. One practical reason remains, however, to shoot on film: w Without a print you cannot participate in certain festivals. Increasingly festivals are exhibiting films digitally, so we are left mostly with the prestige factor - films shot on 35mm are still considered the most professional.

Of course, motion pictures shot on video formats can be transferred to film. The resolution of the picture may not be as sharp as if originally shot on film, but if the transfer is good and the story involving, many viewers will not notice. The cost of the transfer must be taken into account when weighing whether to shoot on video or film. In my opinion, shooting on video or digital formats makes sense in two instances: 1) If you are shooting a documentary or improvised drama and need to be able to shoot a lot of footage without running up a huge bill. Significant cost advantages can be gained, because if you do not capture what you want, you can hit the rewind button and reuse the tape stock or "bytes." Moreover, not only is tape inexpensive but also no developing costs are incurred with either video or digital formats, and you can immediately view what you captured; and 2) If you own a digital or video camera and cannot afford to make your motion picture any other way.

Whether you shoot on film or on video, almost everyone now edits digitally. With a Mac computer and the $99 version of Final Cut Pro, you can edit your picture on your desktop. After finishing your final cut on video, you may ask yourself whether you should incur the expense of manufacturing a film negative before you have secured distribution. Films finished on video can be screened in theaters with video projectors. Many screening rooms in Los Angeles and New York have this capability. The latest high-end digital projectors provide extremely fine resolution, comparable to 35mm film. George Lucas's latest Star Wars installment was shot entirely on a digital medium, although it was transferred to film because only a few theaters have high-end digital projectors.

Distributors tend to avoid certain themes, topics, and genres. Conventional wisdom has been that religiously themed pictures can easily offend audiences. The success of THE PASSION "The Passion" proves that an audience indeed is out there for such films but not one that the major studios have shown much interest in pursuing. Cerebral comedies can be difficult to export because the humor may not translate well- people in other cultures may not get the joke. Slapstick humor, on the other hand, travels well. Films with a great deal of violence tend to be shunned by European television, a prime market for independents. Films with a lot of sex or nudity may not pass censorship boards in certain countries.

There is an unfilled demand for films that can be seen by the entire family. AID BUD Air Bud, a film about a dog that plays basketball, was a huge hit. Nevertheless, few independent filmmakers appear interested in making such films, preferring instead to produce dark, edgy films. The major drawback of making family films is that they are not perceived as having much artistic merit. Many film festivals and critics discount them. These films can generate significant revenues, however.

Independent films without name actors or a name director are difficult to market. With so many movies to choose from, the first question buyers ask is, "Who's in it?" If none of the cast members are recognizable, the buyer's interest may evaporate.

Which actors are considered names? The general rule of thumb is that if you say the person's name and your listener responds, "Who?" the person is not a name. It is not the number of credits the actor has, nor how many well-known films the actor has appeared in, but rather how recognizable the person's name is to the public. Sandra Bullock became a name after appearing in one hit, SPEED Speed. Other actresses may have more credits, but they do not have the same name recognition. Of course, name recognition varies across the globe. The star of a television series may be a big name in the U.S. but unknown abroad. If the series is syndicated abroad, the actor may become a name in certain countries. The best source for information about which names matter are foreign sales agents (i.e., distributors who sell international rights), as they sell to foreign buyers on a regular basis and know which names matter in which markets.

Mark Litwak is a veteran entertainment attorney and Producer's Rep based in Beverly Hills, California. He is the author of six books including: Reel Power: The Struggle for Influence and Success in the New Hollywood, Dealmaking in the Film and Television Industry, Contracts for the Film and Television Industry, and the recently published Risky Business: Financing and Distributing Independent Film. He is the author of the CD-ROM program Movie Magic Contracts, and the creator of the Entertainment Law Resources website at www.marklitwak.com. He can be reached at law@marklitwak.com