Personal View site logo
Someone's looking to buy my film, help?
  • Does anyone know how to handle this situation? I got a call from a woman, a friend of my fathers, who is well connected and she tells me that someone is wanting to speak with me and that I really needed to talk with them. I give her permission to give my number out and I get a call finally. The lady introduces herself and tells me that she's been tasked with purchasing either script's or finished film's for Hulu. I've never dealt directly with anyone like this and all they asked was for me to send over the script to them via email. I wasn't nervous at all but I want to give a great impression and play this one smart.

  • 22 Replies sorted by
  • Though I really cannot give you any useful advice on that matter still wanted to say the trailer looks great J. =)

  • The movie speaks for itself, the question you must negotiate now is the $ question. It can be quite hard to deal with since artist are rarely businessman. It really depends of the distributor though, your script & movie will speak in first time for yourself.

    A script will likely give you some money but you'll have hard time to negotiate a % based on the fictive sales a remake could do. They'll just give you something in exchange for either a X years contract for them to hold onto the script (to be the only one who can have the rights to make it as a film). Do know also that sometime they just buy it for 1-6 months a very small price to study "if" they could produce it into a film. In case it fails, you'll get the rights to sell it to someone else after that period.

    For the film now: If you are in the US then, it's likely they'll give you a fix amount of money (seems very pleasing at first) but you won't get anything more out unless previous contract specify otherwise but then they could simply refuse or has new one to be made. If you are in somewhere else, discussion can be quite open ranging from a fixed bid to a more open solution based on the sales it'll make in theater but your chances here are very limited for several reason: You do not have a name I believe like Ridley Scott, I also believe you won't be the investor into the distribution to make film copies, marketing... which can be very expansive (something people rarely speaks about but it costs quite a lot to publish a film to make it into at least a hundred theaters in your country, despite the fact digital reduced quite a lot the cost).

    I seriously suggest to hold on a fixed bid for this one if you at least want to make money because in case the film doesn't work in theater, you won't get a $ back. Don't aim too low just for the sake of having your movie into theater, just think of what it did cost you and expect that amount of money to come back in your pocket with a bit of extra.

    Then again, the most important thing with a distributor/producer relationship is that both sides are good listener.

    In case I'm wrong, please correct me, I'm a director and dop, I don't make contract, I sign them. It's just what I remembered my producers told me.

  • @GeoffreyKenner Thanks a lot man, and she gave me an estimate of what they would be willing to offer so I wouldn't mind the "fixed bid" option at all. My thought process was that I would sell the film and then use that money to invest into my next film and my wedding business. Since it's my first, I would rather act humble and for the woman to specifically want to talk to me made me really excited.

  • @maxr Thanks man! Hopefully I can put up some tutorials later on regarding the process of filming it.

  • I've made and sold a few films. It's great that you have interest. My advice is to just take things one step at a time. Don't try to figure out the whole process at the start because what they are interested in will drive a lot of that discussion.

    Ask enough questions up front. Most people don't. A lot of filmmakers are very coy about the deal process because they don't want to reveal their ignorance. There's nothing wrong, frankly, in saying "I've never done this before, what is the process here?" I think that's way better than pretending to know what you don't, but at the very least you should probably start out asking what they are looking to do.

    They say they want scripts and finished films, so they should be able to tell you a budget range that they are looking to produce the films for and what their piece would be (is it essentially a pre-sale or do they want to own it outright? etc.) For finished films, are they looking to license? What kind of exclusivity.

    If someone is asking something of you (sending your work for consideration) then they should be willing to give you an overview of what they are hoping to find and what they want to do with those works. Of course it's the film biz with lots of filmmakers and few distributors, so don't overwhelm them with questions or demands, but you should have a decent overview at least.

    Then take things a step at a time. If what they want to do sounds like a good fit for you, then send it. Be clear about whether you are sending it to them exclusively or not (generally you shouldn't unless they offer something in return, though that something could be a faster read, etc.).

    You'll likely find that the process is "hurry up and wait" as in they want your stuff yesterday, but you'll hear back when it suits them. That's par for the course, so don't read too much into it either good or bad. Also, the hurry is usually not real, so don't turn your life upside down to get them an asset without a good reason.

    If they're interested, you'll hear. There will likely be intermediary steps. I've never seen something go: 1) you send it; 2) they buy it. There are 5,000 steps in between. It pays to ask good questions along the way, understand what you are being asked for and what next steps will be.

    You should be working toward a general understanding--a deal memo. Make sure that when they ask you what you're looking to get ($) that you never mention a number. NEVER. That's their job. You can even tell them when it comes up, "Hey guys, I will never mention a number here so stop asking. What's your offer?"

    Get their offer in the form of a deal memo or deal points and then start asking around to friends for a good entertainment attorney. Don't get one before that point and don't go any further than that without one. When they send you a deal memo, just say, "thanks, I'll consider it / send it to my attorney for his review." Don't "agree" at that point.

    You can PM me if you have other questions. Good luck!

  • @Gardner Congrats. Please let us know when it's available to watch - hopefully in theaters. Perhaps you might seek out someone to professionally represent you in the process of selling your film.

  • @DouglasHorn Just sent you a PM.

  • @matt_gh2 I'm not celebrating yet but I definitely will! Who knows there may be some film critics in the forums.

  • Just for posterity and other filmmakers who may have a similar question, I want to share a little more advice for filmmakers in this situation.

    Here's my best advice when a distributor asks to get an early look at a film that is still in post-production--don't be rushed for any potential distributor and DO NOT EVER send anything until it is TOTALLY finished.

    It's very common for distributors to hear about a project or see a trailer and then put some (often low level) acquisitions person on the task of getting a look. I'd suggest that to Hulu and anyone else, just say thanks for the contact, I'll keep your info and invite you to the screening or whatever we end up doing. Everyone will want to get some kind of advanced look at your project but it does not benefit you at all to give anyone this. And you don't owe it to anyone, so they can see it when it is ready and when everyone else sees it. It's unlikely anyone will get in a bidding war, but they may be a little more responsive knowing that there are other distribs also looking at the project.

    Be nice. Don't be a jerk about it, of course, but also remember that you just hurt yourself by showing anything before it is totally complete and ready for an audience. They will all tell you that they know how to see a movie without a full sound mix, color, FX, etc. It's a lie. (Perhaps unintentional. Probably they're lying to themselves about their acumen.) It doesn't help you. Finish your film. Don't be rushed except for, say, the Toronto FF deadline. Do try to get into a prestigious festival first if it's the kind of film where that is a possibility. You don't owe anyone a first look.

    Down the road when you're ready to show the film, inform these people who have contacted you about the festival premiere or your own event, whatever. Just sending off a DVD or online link is usually the most requested and least effective way for you to go as a filmmaker.

  • Be warned that once you send them material, you should have no expectations of receiving even the most basic courtesy from this woman or anyone else in the company. This means you may never hear from them again, no matter what you do. These companies want to be in possession of material, but possessing it is often the end of their business with you.

    So as already advised: provide material only when you're ready, and when it's ready to be seen -- and preferably in a public forum, like a film festival. You don't want to give them privileged access, if you can avoid it, because they know at that point you have no other options. And absolutely don't wait around by the phone, if you do send something. It's too easy to lose your life, waiting for people in this business.

  • @DouglasHorn @jrd

    Good suggestions.

    Dealing with any important or large guys it is necessary to be actually independent. They are very good to sense every your need and play on it.

  • @jrd that works for the script only. Don't publish the film into a public platform otherwise they won't buy it since it is considered as a release. Don't worry they are not going to get away with it just like that, it is copyrighted. As long as you haven't signed for anything, they can do nothing with it.

    Keep in mind they may not be your best buyer but if you find none, just go for it. It is useless to wait 10 years to find someone who will buy it at a better price (and usually the longer you wait, the harder it is), don't be in rush, but don't wait years to find someone either. They are interested, that's enough for you right now. Just show them the final product.

    What @DouglasHorn said.

  • That works for the script only.

    I should have been more precise. By "public forum" I mean something like a film festival. Not youtube. Will edit the post accordingly.

    And for the record, I wouldn't advise making scripts available to the world, either.

  • the trailer looks great!

    sorry, this might be a really stupid question (and if it's off-topic or irrelevant, feel free to delete the post), but is it possible to put your film up for free online (vimeo, etc...) and ask for donations?

    and even if you don't make much, you might become really well-known from having a lot of views and then for subsequent films you will be made offers more easily? if the distributor path doesn't work out first, i mean.

    or a lot of first-time authors self-publish their books. there is no equivalent to this in the film industry?

  • How did the Hulu agent find out about your film?

  • I've written about this a bit on my blog, but one big difference that has occurred recently is that once, if you had a film that only got shitty offers from midlevel distributors, you needed to take those offers and hope for the best because there wasn't really any other game in town. Now, however, we've finally reached a time where a VOD (plus possibly limited theatrical using Tugg etc) self-release can make more money for the filmmakers than a mid-level traditional release. (However, the primary reason for this is that it is extremely common for mid-level distributors to rip off small producers and misreport or simply refuse to pay on time or at all.) So at least now, filmmakers have a better option than taking these horrible deals (I could write about ways that filmmakers get ripped off for pages.) and can decline them and still do at least as good of a release in many respects, plus retain the license fees for themselves rather than seeing the distribs pocket it all.

  • @brianl My dad originally was doing business with this lady and he told her that I was filming a feature film. He ended up passing last month and she found me to see if she and I could continue. (Update) I sent the script and a link to the trailer to her yesterday and she's asked me to call her today when I had the chance.

  • @DouglasHorn Didn't the guys who did "Blair witch" get screwed by distributors?

  • THE DISTRIBUTION BULLETIN ISSUE #23 08/28/14 HOW NOT TO NEGOTIATE A DISTRIBUTION DEAL

    You’ve finally finished your film and have just received your first distribution offer. Now what?

    ----Never forget that no deal is better than a bad deal.---

    http://www.peterbroderick.com/distributionbulletins/files/cedc9b47ce01eff51d12b90abc10d2ae-27.html

    Peter Broderick is President of Paradigm Consulting, which helps filmmakers and media companies develop strategies to maximize distribution, audience, and revenues.

  • @Gardner - Perhaps they did. I don't know. I don't think the Blair Witch is a good model for any filmmaker to look to, though. It was a total outlier. You're better off seeing what happens to numerous indie films like yours that have no "stars" (to a distrib's way of thinking) and are filmed on a low budget. You can learn a lot on forums more related to filmmaking but long story short, it's tough to get a deal that makes you much money. There's an axiom in filmmaking that you never see anything more than the initial payment. And today, distributors are not offering initial payments. So...

    I do definitely agree that "No deal is better than a bad deal." Many filmmakers take the bad deal in the end because 1) they don't know any better; 2) there's an ego element in saying that your film is in distribution with so and so company; 3) they don't know what else to do; 4) their investors push for any deal; or 5) they know it's bad but they want to be done with it and even a bad deal closes the books on the project so they can move on.

    If it were me, and I thought I had a "little indie that could" then I would go hard on the top film festival route (Toronto, Sundance, Berlinale, Cannes) It's a hard road but it's about the only way to get a true indie seen as a valuable asset. Otherwise these distribs just see you as a one-off deal to fill their sales channel that month and you won't hear much from them in the future.

  • but maybe rather than just hand the film off to a distributor, filmmakers need to invest time and energy and money to try to market their film themselves? hollywood spends millions on advertising. when a big-budget film comes out, everyone knows it's coming out through advertising. who hasn't heard the phrase "coming to theater near you" at least a million times? even big-budget hollywood films would not do as well without the aggressive marketing push. so you need to advertise somehow. at least that's the way i see it.

  • @babypanda - Surely, every filmmaker out there promises themselves that they will make the marketing push that will make their film a success. So why can't they?

    It's nearly impossible to market your film yourself unless you are acting as the distributor. When my first film came out, the distributor totally shut us out of all the decisions. We could have done a much better job at a lower cost on the key art, marketing copy, etc. I was calling and emailing them begging to get review copies to two major entertainment magazines where our team had secured interest for at least a mention and possibly a review. Either would have made a substantial impact in our sales. Nada!

    Things are a little bit better today since producers can run their own social media campaigns (and for me, I know better and would trust the distrib to do its job less that I once did). However, you can really only do so much marketing without money. To be more successful, you need to either bring in some dowery in the form of a P&A fund for releasing the film--and be savvy enough to get a lot of control (not just "consultation") in exchange--or you need to get a revenue corridor so you can afford to continue your marketing efforts. That's very hard to do.