LEGAL LENS

Mark Litwak, Esq.

Film Festivals

Part I


Festivals can be a great way to introduce films to distributors. But all festivals are not equal. Some are much better launching pads than others. Certain festival directors have reputations for selecting films that go on to great critical acclaim and/or box office success. Other festivals have different ambitions; they focus on the work of regional filmmakers, or exhibit films that have already secured distribution. These festivals may be more intent on obtaining popular programming for their local audience than helping filmmakers secure distribution.

Since acquisition executives have limited amount of time to attend festivals, they prefer those that premiere the best films. The top festivals strive to attract industry executives because they know that their presence will make their festival more worthwhile for filmmakers seeking distribution. Consequently, the top festivals compete with each other to premiere the best new films.

A film can only premiere once in each territory or region, and participation in one festival may make the film ineligible for selection in others. For instance, Sundance has a policy of accepting films into competition that are U.S. premieres and have not been shown in more than two international festivals. Note that Sundance has other sections that do not require a premiere.

Generally speaking, for filmmakers with features seeking distribution, the top festivals are: Telluride, Sundance, Slamdance, Hamptons, New York, SXSW, Mill Valley and Seattle. Also significant are AFI, Austin, Fort Lauderdale, Hollywood, Miami, Los Angeles and Santa Barbara.  Palm Springs is known for showing some of the best foreign films competing for the academy award. Method Fest honors great acting.  The most important European festivals are: Berlin, Cannes and Venice. The chief Canadian film festival is Toronto, although Vancouver and Montreal are first-rate. For documentaries, Amsterdam IDFA, Hotdocs Toronto and Marseille are vital gatherings of filmmakers and distributors.

There are many festivals, each with its own selection criteria and point of view. 

Some are specialized and concentrate on one type of film such as documentaries, shorts or animation, while others focus on particular subject matter such as stories of interest to the Gay and Lesbian, Ecological, and Jewish communities; other festivals exhibit a broad range of motion pictures. Consequently, selecting which festivals to enter will depend on the nature of the film. A list of festivals can be found online at my website: www.marklitwak.com There are several good books about festivals including the AIVF Guide to International Film & Video Festivals by Kathryn Bowser, The Ultimate Film Festival Survival Guide by Chris Gore, and the Variety Guide to Film Festivals by Steven Gaydos.

Sundance has been often been criticized for being over-crowded, over-hyped and over-rated. This festival has become for independent film what the Academy Awards are for the major studios: an opportunity to generate a lot of publicity to promote one’s films. Many of the specialty companies, almost all of which are now subsidiaries of the majors, spend gobs of money throwing parties, flying in stars, handing out promotional items in an attempt to generate press and a positive buzz about their pictures. Since the town is filled with 600 journalists searching for something to write about, it is not difficult to generate press coverage.  

I confess to having mixed feelings about Sundance. Sundance 2005 was notable for its overwhelming crowds and traffic jams. Screenings were delayed because moviegoers could not get to the theaters on time. On the other hand, distributors competed fiercely for films, and three films made by my clients benefited greatly. HUSTLE AND FLOW, a 3 million dollar movie written and directed by Craig Brewer won the audience award and was the subject of an intense all night bidding war and was ultimately won by Paramount which paid a $9 million dollar advance. THE MATADOR by writer/director Richard Shepard was also a huge hit, and sold for $7.5 million to Miramax. And two of my producer clients were delighted to have MARILYN HOTCHKISS BALLAROOM DANCING and CHARM SCHOO acquired by Goldwyn.

However, many other Sundance films receive little, if any, distribution. Distributors shun them as uncommercial for the general moviegoing public. While lesser festivals do not have the cachet of Sundance, the competition is less intense, and a filmmaker’s chance of making a splash may be better.  Foreign language films, for example, receive more attention at Berlin, Cannes or Venice.  

Sundance is a difficult festival to attend. Assuming you do not want to pay thousands for a priority pass, your alternative is to buy a limited pass which allows you to obtain a package of tickets or purchase tickets individually, if they are available. You cannot select your films at the last minute while at the festival, which means that if you hear about something that interests you, it may be difficult to attend the screening. Of course, many of those who go to Park City during Sundance are more interested in skiing and partying. The festival has become a giant networking event for the independent film community.

In my next column, I will discuss Toronto, Cannes and Telluride.


Mark Litwak is a veteran entertainment attorney and producer’s rep based in Beverly Hills, California. He is a friend of IMAGINE and a regular contributor. He is the author of six books, including the recently published Risky Business, Financing and Distributing Independent Film (Silman-James, 2004). He is the author of the CD-ROM program Movie Magic Contracts. He can be reached at law@marklitwak.com