Start at the top when seeking film distributors

Attempting to go the “sell-it-yourself” route in the movie industry could not only destroy any chance an independent producer could have of selling the movie at all, it could also result in legal liability.

Under pressure

Producers are often under pressure from investors who are counting on them to sell or license the film to a distributor – as quickly as possible. Failing to do so will inevitably cause them to lose money. This does not mean that investors can hold the producer liable for failing to secure a distribution deal. However, if the producer acts negligently and as a result fails to secure a distribution deal, then the producer could certainly be liable.

Dealing with film markets requires a special skill, particularly at popular markets where competition for exposure is fierce.

As a result, each film market has very strict rules designed to prohibit any producer from gaining an unfair or unlawful competitive edge.

For example, the top markets usually have a lottery to allocate screening times and theatres to each entry. Thus, every film has the same chance of being given a primary viewing slot in a popular venue.

Severely limited

At the same time, entrants are severely limited in what they may and may not do during a market – and deviations from this could disqualify the film from being screened. The American Film Market (AFM), for example, prohibits promotional material from being handed out at the primary building or any of the screening facilities as – it is felt – unbridled promotional activities would lead to absolute chaos.

So the only real advantage that one exhibitor can gain over another is to be allocated better screening times and facilities. Exhibitors who are slotted into premium screening times stand a very good chance at picking up by a distributor. And because the market attempts to present a level playing field, almost all new films get such proper exposure.

Dead in the water

This implies that producers who do not get proper screening times are effectively dead in the water.

This will happen if you previously enrolled your film into any other festival or market – anywhere. Only ‘new films' qualify for premium screenings. A film that was screened at even the most obscure, low-key festival does not qualify for ‘new film' status or for premium screening slots.

Bottomline: only exhibit your film at the top markets and festivals – even if it means having to mark time for a few months until entries open for your market of choice. Start at the top. To enrol a movie at some obscure festival (or even a fairly decent one) while awaiting eligibility or registration for a premium market, would simply guarantee failure.

This could very well be construed as negligence for which your investors could hold you liable.