After you finish your film or television production, your next step is to find a distributor, often a sales company, studio or network. The distributor usually pays the costs for marketing and distributing films and recoups these fees after release. The movie theaters or exhibitors also take their fees. The distributor then shares the rest of the revenues with the producers. Sometimes, a studio will finance a film, but often independent producers assume the risk of securing financing and finishing a film.
If you are a motion picture production company that needs more information about the contracts you use, or you are an independent producer with a television rights agreements, a New York City film and television distribution agreements lawyer who knows how to protect independent film rights in distribution contracts could help you negotiate favorable terms. A dedicated film and television attorney knows what standards a studio contract should meet.
Distributors could agree to advance independent producers’ shares of revenues, which can be used to pay off investors. This is referred to in the industry as a minimum guarantee (MG). Negotiating for a large advance can be stressful because the distributor does not want to pay more than the production costs, or no MG if the production company or indie producer lacks a track record of producing successful films.
Another issue to consider is net profits. Film and TV producers must be aware that distributors sometimes use convoluted language in their independent film distribution deals to define net profits from distribution sales. Indie producers may consider retaining foreign rights and keeping them from cross-collateralization, in which profits in one country are pooled and offset by losses in other territories, leaving the producer with little or nothing in shared revenues. An attorney in New York City who has experience with film and television distribution agreements could negotiate for distribution contracts that pays the producer their fair share of revenues and profits. A NYC film distribution lawyer counsels filmmakers on how to balance securing a larger advance against the need for backend profits, or avoiding unfavorable cross-collateralization terms.
Independent distributors can gain leverage when negotiating with larger studios by carefully controlling the information they share. For example, an independent producer who completes a film under budget doesn’t need to immediately disclose this cost-saving detail. By holding back certain information, such as the lower production costs, they can negotiate for a larger advance from the studio without the studio knowing the film was made for less. This selective sharing of information can give independent filmmakers an edge in securing more favorable deals, ensuring they maximize their financial returns.
Filmmakers also want as many distributors interested in a deal as possible. When negotiating distribution, these players raise their offer as they anticipate what others are thinking. Interest is often generated at film festivals, where acquisition personnel attend to find good films to distribute.
Donovan Rodriques has the entertainment industry experience and contracts negotiation skill that can save filmmakers time and money in the distribution process.
Filmmakers, producer reps, sales agents, and their attorneys should investigate the track record of distributors to ensure they are reputable, and after narrowing the field while choosing one for their work, they should consider:
Donovan Rodriques has extensive experience in New York City film and distribution agreements and could ensure that independent filmmakers and small studios sign with a reputable distributor who will pay them fairly.
Many working parts bring films from an idea to theaters, streaming platforms, or TV. Your creative endeavors must be protected when navigating the legal and business side of the entertainment world. That is why you need an attorney who can provide legal representation for negotiating film distribution agreements. They can handle the legal aspects so you can concentrate on your art. Donovan Rodriques knows about real-world challenges independent filmmakers face when navigating distribution agreements and can help to mitigate those risks.
Don’t leave your hard work vulnerable to unfair deals—get legal help today.
Contact us for expert help with the negotiations and contracts necessary to distribute your film. A New York City film and television distribution agreements lawyer has extensive industry knowledge and can guide your journey to success. Secure the best distribution deal for your film with expert legal support. Contact Donovan Rodriques today for a free consultation and ensure your rights and profits are protected.
