INTRODUCTION: THE MANY FACES OF A PRODUCER’S REP

The role of the Producer’s Representative or --  in the ubiquitous jargon -- the producer’s rep, is not altogether easy to define, particular since the typical rep is involved in so many different phases of the filmmaking and distribution process. In the broadest sense, depending on how early in the process a producer’s rep is engaged, producer’s reps advise and consult with filmmakers in all phases of the development, financing, production, marketing and distribution process of a film or television program.

The producer’s rep assists the filmmaker in establishing that direct connection between the filmmaker and the distributor, the electronic media, the journalist, the press agent, the network, the critics, and ultimately, the direct consumer -- the audience. This connection can now take place in dozens of arenas and in virtually any media: in the theater, on television, on home video, on the internet or other new media outlets such as DVD.

We live in a world where films are adapted for TV series, video games become movies, theatrical trailers play on the scoreboard during half-time at basketball games, the Sundance Film Festival is a household word, and full motion video -- of virtually anything -- is a keystroke or a credit card number away from anyone with a modem and a monitor. No matter how small or offbeat a film is, the entire electronic media maze needs to be considered. In this regard, the experienced producer’s rep can offer a great deal of help.

Producer’s Reps have to be versatile. Many times they act as back-room political strategists; sometimes they’re cheerleaders -- at other times, door-to-door Willie Loman-type salesmen, carney barkers, publicists, negotiators, advertising designers, and to a large degree, psychologists.

To use the common metaphor, the independent film business is a battlefield, and it’s the producer’s rep who will often serve as the field general, marshaling the filmmaker’s army of resources with campaigns, strategies, and even guerrilla techniques, all to the end of recouping the filmmaker’s investment, and  most importantly, capturing the film’s audience.

The route between the filmmaker and his audience is rarely clear, and there are numerous bumps, potholes, barriers, detours, land mines and other obstacles in achieving that direct connection between the filmmaker and the audience. Generally, the earlier a producer’s rep can get involved in the process, the better.

Like the battleworn veteran, an established producer’s rep has had a vast array of skills, tactics and experiences in helping filmmakers to break away from the pack of obscurity and mediocrity and  make that connection directly with the audience. This experience includes involvement in all phases of the distribution process on a number of films and the knowledge of what sells to who and why, as well as what doesn’t sell and why.

The filmmaker, on the other hand, has spent the last six months to a year in making his or her film. The experienced producer’s rep will have an intimate knowledge of the complexity of such an undertaking and the overwhelming, all-encompassing effort that goes into writing, casting, shooting, editing, posting, completing, and delivering a feature film. Although the filmmaker may believe she or she created that perfect film, it is certainly a good idea to get the input from an established producer’s rep prior to the completion of the locking of the picture and the preparation of the final sound mix. It is at that point that the experienced producer’s rep can make strategic suggestions as to the elements to include or eliminate from the final cut of the motion picture prior to the point where it will be prohibitively expensive to re-cut and re-mix the film.

It is extremely important to make absolutely certain that the final cut of your film is the best it can be prior to any kind of presentation to the public, film festival programmers, and distributors or buyers. Once the film is ready for presentation to audiences and potential buyers for viewing, the producer’s rep will help plan the strategy for the North American and international licensing of the picture in the theatrical, television, video, and ancillary media.

THE FILM MARKETS AND FESTIVALS: THE CROSSROADS OF ART AND COMMERCE

Many producer’s reps make it a point to spend 20-30 % of their time on the road to attend most of the key international film and television markets such as the American Film Market in Santa Monica at the end of February and the beginning of March, MIP-TV in Cannes in mid-April, the Cannes Film Festival and Market and Market in mid-May, the Toronto Film Festival and Market in mid-September, the Independent Feature Film Market in New York in late September, MIPCOM in October, MIFED in Milan, Italy in late October and early November, NATPE (National Association of Television Programming Executives) in January and what has certainly become a marketplace for films, the Sundance Film Festival in late January. Despite the chaos induced by keeping a full annual calendar of events -- most of which legendary for their tendency to induce bouts of stress and frustration in all who attend -- these are the places where the “action” is, those rare assemblies of buyers, artists, salesmen and celebrities that are especially conducive to deal-making of all kinds.

In order to stay in touch with the current state of the marketplace for film and television programs, most producer’s reps will develop strong personal relationships with many of the North American and international sales agents, distributors, and acquisition executives, primarily as a result of the time spent on the road and at home at industry events. This gives the producer’s rep a unique opportunity to have firsthand knowledge of the personal tastes, genres and styles of the films distributors and sales agents are likely to be attracted to.

Buoyed with the knowledge of the personal tastes and preferences of the various distributors and sales agents, along with an intimate understanding of each company’s strengths and weaknesses, the producer’s rep and the filmmaker can embark on the creation of a plan for the optimal presentation of the film to potential buyers. This plan will certainly depend on the time of year at which the film is completed, the genre of the film, the budget of the film and, significantly, its subject matter. For example, horror films, comedies, sci-fi films, and martial arts pictures have never really been mainstays of the premiere festivals such as Sundance, Toronto, Cannes, Berlin, and Venice, although such films may indeed be invited to specialized sci-fi, comedy, martial arts and other appropriate genre festivals and showcases.

The story is different for the drama, the relationship picture, the thriller, the historical film, or the art film, all of which have been embraced by the festivals. Obviously, not all films can get accepted to Toronto, Sundance, Cannes, Venice, Berlin, or New York. As such, many smaller but emerging festivals such as Santa Barbara, South by Southwest (which started as a music forum only to expand in recent years to include a film conference and festival), Seattle, Montreal, Mill Valley, the Hamptons, Austin, New Films/New Directors (MOMA in New York), Locarno, Deauville, Edinburgh, San Sebastien, Vancouver, Slamdance, Telluride, and others too numerous to mention in this article, make excellent launchpads.

Since many producer’s reps spend considerable time traveling to various film festivals and markets, and have assisted in securing invitations of their client’s films to various film festivals, they will generally know most of the film festival artistic directors. As a result, the producer’s rep is in a key position to follow up directly with the festival administration to make sure that the film is properly screened, and given the best possible chance to be accepted at a festival. Cannes can be especially fruitful in this regard, because artistic directors and administrators from virtually all of the significant film festivals on the planet tend to converge in France, scouting possible entries for their events later in the year. Many such programmers have learned that producer’s reps are an excellent source for films to be screened at their particular festival.

Film festivals provide the filmmaker with an opportunity to work with a proactive partner -- the festival itself -- in the promotion and marriage of the film with its target audience. Festivals have budgets and a staff of professionals and volunteers available to assist the filmmaker in attracting as much attention as possible for his picture. Most film festivals have a publicist or even a staff of publicists available to propagate the picture’s message succinctly and with maximum impact both in the print and the electronic press. These publicists in consultation with the filmmaker and the producer’s rep can also be a useful ally in arranging press conferences, interviews  and press releases, often at no additional charge to the filmmaker, as they are engaged by the festival to serve all of the festival’s selections. There is generally a separate press room where journalists and publicists congregate. There are mailboxes, coffee lounges, and tables set up for promotional materials that can be made available for both media and potential distributors. The festival’s publicity releases and news items that appear in the local papers and the occasional national publication can often be useful in addition to a set of press clippings the filmmaker should be maintaining for use in a complete promotional package about the film.

Needless to say, the festival publicity departments are working all the films in the festival and have competing demands on them their time, so if your budget permits, it is certainly a good idea to have your own publicist working on in conjunction with the producer’s rep and the festival publicist to help direct the strategy for the most effective publicity campaign for your film. Many film festivals invite and pay for media and distributors to attend their festivals. There is usually an extensive catalogue with a description of the film, cast and crew credits, stills, and many times a friendly review of the film by a film festival programmer. When a film is accepted into a festival it is also tracked -- more or less entering the proverbial ‘radar screen” -- not only by the distributors, but by third party independent database companies such as Film Finders, which lists films, the principals and credits, and a general synopsis of the film for the purpose of maintaining definitive information on the 1,000 to 1,500 or so new independent pictures competing in the marketplace at any given moment.

Many times the film festival will sponsor a social event or party honoring the premiere of the film. The producer’s rep can be influential in negotiating with the film festival and coordinating with the staff to ensure that your film is one which is receiving such special attention as well as a convenient date, time, and location.

It is also important to note that a film may screen several times during a festival, and each one of these screenings is a considerable expense that is incurred by the film festival on behalf of the filmmaker. Many film festivals also invite and pay for the travel and living expenses of the filmmaker during the festival, another considerable expense can be spared. The producer’s rep can be very instrumental in negotiating all of these amenities as well as the optimal screening time and venues for the film during the festival. Screening times and dates can be extremely important for the overall plan for the presentation of the film to potential buyers.

For example, screening your film at 8:30 AM midweek of a festival is certainly less desirable than a prime 9:00 PM Friday or Saturday evening screening that is immediately followed by a “must attend” exclusive party or reception. And using Sundance as an example, the earlier in the festival the picture premieres, the better the opportunity for buzz on the film to snowball by the time the all-important awards ceremony comes around.

INDUSTRY SCREENINGS: FOR CONNOISSEURS ONLY

An alternative to the film festival screening is the industry or arts organization-sponsored screening such as the Independent Feature Project Sneak Preview series, which takes place in New York and Los Angeles, the American Cinemateque screenings, Film Forum screenings, AFI sponsored screenings, or the Tribeca film screening series. Depending on the time of year and whether or not your film has a good chance of being accepted to a festival, these special industry screenings may in fact be the best venue in which to present your film. An experienced producer’s rep knows the programmers and when the screenings are scheduled and can assist the filmmakers in identifying these outlets and perhaps being selected for such a screening. Most distributors track these screenings and make sure that there is an acquisition representative in attendance. Many of these screenings are advertised in the trades, which can provide additional promotional value for a film. These artistic organizations also tend to have publicists who will make the press aware of the new talent on display, and many times this process leads to a review both in the trades and occasionally in the newspapers. There is often a question and answer session with the filmmakers after the film , as well as a reception following the film, which gives additional opportunity for the filmmakers to promote and market the film to potential buyers. All of this is paid for by the organization and/or the sponsor of the series, which again is a considerable savings for the filmmaker. Of course, exploitation, horror and sci-fi pictures are often aced out of these opportunities; most of these organizations are looking foremost for specialized, relationship or art pictures -- teenage slasher films need not apply (unless they are “classy” or “stylized” teenage slasher films).

DISTRIBUTOR SCREENINGS: ASSEMBLING THE TROOPS

Another approach to the marketing of  films to the distributors and buyers is the producer-sponsored screening, often wholly coordinated by the producer’s rep. Depending on the particular time of year and the general state of the marketplace for independent films, this type of screening can be the most effective way of marketing a film directly to the distributor, simply because the filmmaker takes control of the presentation process and is not waiting to be invited by a festival or arts organization. In addition, the distributor screening becomes a focused event for distributors, as opposed to a festival premiere, where the filmmaker may be competing with other entries in the fest just to get looked at. Also, for some reason, distributors are more likely to walk out of a festival film than one in a rented screening room. As for the guest list, the producer’s rep and the filmmaker may invite as many as two hundred domestic and foreign distributors to attend a special screening, usually held at screening rooms in New York and Los Angeles roughly concurrently, or -- at the most -- within a week of each other. As such, it is generally a good idea to plan these events well in advance and mail invitations at least two to three weeks prior to the screening to lock in the distributor’s attendance. It’s also a good idea to include some kind of visual cue or stylistic element on the invitations, including but not limited to a still or an illustration, along with a description or descriptive “tag line” that gives the guest some idea what genre the picture falls into.

Following the mailing of the invitations, the producer’s rep and the filmmaker should follow up with a telephone call to each and every invitee to assure that a representative of the distributor will attend. Although some producer’s reps differ in this approach, it is conventional wisdom that the distributor screening audience should be well stocked with “friends” of the film such as cast and crew members, family, and colleagues who are familiar with the film and who will presumably act together as an audience either in laughter, tears, applause, or visible fright at the exact point in time when the filmmaker intended the reaction. The secret thrill of even the most specialized distributor is to find a film that really grabs a big audience, and having a friendly crowd in the film can easily propagate such a notion. Although this may be a fruitless suggestion, it is a good idea to ask the “friends” of the film not to clap and cheer during the credits. When a distributor senses that an audience is “stacked,” out of proportion, the effect of an overall positive reaction to the film is diminished.

Ultimately, the goal is that as a result of the screening,  more than one domestic distributor and more than one foreign distributor will engage the filmmaker and rep in a competitive bidding situation for licensing rights to the picture.

SELECTIVE PRIVATE SCREENINGS: WHAT DISTRIBUTORS DO ALONE IN THE DARK

A completely different approach is the selective, discreet, shopping method. As opposed to inviting the entire roster of film distributors and sales agents to one make-it-or-break-it screening, many times the rep will opt to selectively “shop” the film around to various key distributors, sales agents and networks, often by sending the print for their personal and private viewing at their own, on-site screening facilities. This method can indeed be effective, particularly when a distributor believes it is getting an exclusive early viewing of the film. The upside is considerable: the distributor will often take time out of his workday to attend a scheduled screening by himself in his facility, and may perhaps treat the opinions he develops about the film with a more serious, “business-like” attitude than he would at a nighttime event with several other hundred people. Also, the private screening affords the rep and the filmmaker an opportunity to be much more selective in who sees the picture -- this can be an effective technique if the film has a controversial subject matter or if there is some plot secret that needs to be protected (such as “The Usual Suspects” or “The Crying Game”).

However, the downside is that neither the producer’s rep not the filmmaker will be allowed to attend, and beyond picking up and dropping off the print at the distributor’s office, the filmmaker may not have any idea of what went on during the screening. If the film is marketable, this type of prsentation should work, but the danger is that the film will be viewed not as it was meant to be: with an audience collectively reacting to interruption or comperting agendas. It’s well known that some distributors request screenings and then don’t show up, skip reels, or, perhaps worst, take phone calls or read the trades and converse with their colleagues while screening the film. But be sure of this: the distributors will admit to none of this behavior, and it isn’t for the filmmaker to challenge them. That’s the rep’s job.

RECRUITED AUDIENCE SCREENINGS: DO YOUR RESEARCH

Sometimes, for unknown reasons, a film may not have attracted the attention of a distributor, film festival, or arts organization. It may be a good idea in this scenario to screen the film before a recruited audience in conjunction with a professional film research firm. Teen comedies, horror films, and family films, which aspire to the broadest kind of audience, can generally benefit from these kinds of screenings. Presumably the film will be screened in a large screening room and, if the filmmaker and the producer’s rep feel it is appropriate, the filmmaker may want to invite distributors to attend the screening. After the screening, attendees fill out a survey, which is designed by a professional marketing research firm company specializing in the movie business. A focus group or question and answer session regarding audience reaction to the characters, the story, the structure of the film, and importantly, its pacing, is designed to guide the filmmakers toward decisions which will fine tune their efforts to make the most engaging picture possible.

The results of the survey are tabulated and a professional third party report is issued scoring the audience reaction to the movie. This process is very similar to the method used by studios in their testing of movies prior to the locking of the final cut. Assuming the results are positive, the results can be used as a further device in enticing distributors into releasing the movie. Even if a distributor is not convinced, many times independent producers have used these results to get individual theater owners or theater chains to believe in the movie and contribute to or undertake the expense of advertising and promoting the film when a filmmaker has made the commitment to self distribute.

There are no right answers on the proper way to present a movie to potential buyers and distributors. Each movie has different elements, is completed at a different time, and seeks a different segment or subsequent of the general audience. Only in weighing these considerations can the filmmaker arrive at the best strategy for the ideal means of introducing the distribution community to that special motion picture. It’s the function of the producer’s rep to work closely with the producer to determine which strategy is appropriate for a particular film.

PUBLICITY AND MARKETING: FROM TEASER TO PLEASER

The initial screening of the movie is one element in the overall marketing plan for the sale and licensing of a movie. The producer’s rep may also assist the producer in securing and working directly with a publicist to create the overall publicity plan for the film. These plans may include conducting and arranging for press interviews with stars, the director, writer, and producer during a festival, arranging for a feature story about the film, issuing trade press releases, consulting on how and when to make additional announcements to the media concerning the film, working with critics to arrange press screenings, coordinating electronic media coverage and appearances on television, radio and in on-line forums. Ideally, the producer’s rep will have input and insight into all these matters.

An experienced producer’s rep will also assist in the preparation of a poster -- or the “key art” -- and a marketing campaign and will help to formulate the most effective overall visual representation for a movie in conjunction with poster designers and graphic artists who specialize in the field.

If a trailer is advisable and budgeted, the producer’s rep will also have input into the creation of the trailer in conjunction with the producer and director and will consult with the filmmakers on the script, the scenes to be selected, the editing, the music, the voice-over and/or the narration, as well as the choice of the trailer house that will put the presentation together.

MAKING THE DEAL: READ THE FINE PRINT

Essentially, the role of the producer’s rep is to create and stimulate interest and excitement about the film, to maximize that interest, and create competition among distributors. The rep will also want to facilitate the best possible relationship among the producer and the domestic and foreign distributors of the picture or program. These distributors may or may not be the same entity -- and may at times have conflicting agendas.

Once the buyers have been identified, it is the producer’s rep’s function to negotiate all of the terms and conditions of the domestic and foreign distribution arrangements. While this process involves reams of complicated contracts, rights transfers, schedules and statements, this is also the most rewarding step of the process -- in essence the rigorous negotiations are the final step before the filmmaker and rep will see the connection of picture to audience.

The basic terms and conditions of the negotiation include the term of the agreement (the timespan it covers), the territories being sold, the rights being conveyed -- such as theatrical, television, and video -- and what rights are being reserved, (which could include non-theatrical rights, music publishing rights, soundtrack rights, book publishing rights, electronic media rights, live stage rights, theme park rights and restaurant rights, radio rights, in-flight and ship at sea rights, and of course, remake, prequel and sequel and television series rights. Additionally, the basic financial terms of the revenue splits will be negotiated. Will there be an advance? Who pays for prints, advertising and marketing costs? Will there be a cap on expenses, If so, what is the cap? What will be the distribution fee in each specific media? How will the producer be accounted to and how often? What will be the producer’s audit rights? How will withholding and other taxes be treated? What physical and paper delivery items will be required to be furnished to the distributor? How much will those delivery items cost? Can the producer simply deliver the film by providing lab access to the available physical elements of the picture? Will there be a special trust account or escrow account for the holding and dispersal of funds? What are the filmmaker’s  approvals and consultations with respect to publicity, the marketing campaign, the poster, the trailer, and the territorial sales minimums on a territory by territory basis? Will the producer be entitled to approve third party licensing agreements? What is the extent of the warranties and indemnifications for each of the parties? How will disputes between the parties be resolved? In what jurisdiction will these disputes be resolved? Will court proceedings be required? Will termination rights and other remedies be available to the producer? What will happen in the event that the producer or distributor goes bankrupt? Will the terms and conditions of the agreement be kept confidential? Who will control remakes and sequels if the film is indeed successful? Those terms and conditions can obviously be complex and involve a considerable amount of negotiation, skill and experience in the resolution of these issues. An experienced producer’s rep will have dealt with most of these issues on prior deals and will be extremely helpful in meshing the conflicting interests of filmmaker and distributor.

ADMINISTERING THE DEAL: SHOW ME THE MONEY

Once the contractual terms are resolved, concluded, and signed, the producer’s rep will still be involved in overseeing the administration of the contract, including review and interpretation of the accounting statements, making sure are actually furnished, providing assistance in collection of monies due , as well as in the conducting of audits, if necessary. A producer’s rep will also continue to actively consult with the producer concerning the distributor’s overall marketing, publicity and distribution strategy for the picture, both domestic and foreign.

CONCLUSION

The role of the producer’s rep is complex and requires a significant degree of skill and experience and is an important element in the connection between the filmmaker, the distributor, the press and ultimately the audience as a consumer of the product. Before embarking on the sale or licensing of your movie, it is prudent to at least consult several producer’s reps to determine if you feel it is appropriate to add such a professional to your team of advisers.