The Feature Film Distribution Deal: A Critical Analysis of the Single Most Important Film Industry Agreement

Overview

John W. Cones, whose real goal is to stimulate a long-term film industry reform movement, shows how the financial control of the film industry in the hands of the major studios and distributors actually translates into creative control of the industry.
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Overview

John W. Cones, whose real goal is to stimulate a long-term film industry reform movement, shows how the financial control of the film industry in the hands of the major studios and distributors actually translates into creative control of the industry.
Read More Show Less

Editorial Reviews

From the Publisher
"It is the primary contention of this book... that the pervasive market power of the major studio distributors in the United States (the MPAA companies, generally) has been gained and is maintained by engaging in numerous questionable, unethical, unfair, unconscionable, anticompetitive, predatory and/or illegal business practices.... Such practices are often referred to as ‘creative accounting’ or ‘creative contract interpretation.’"—John W. Cones, from the Introduction
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Product Details

  • ISBN-13: 9780809320820
  • Publisher: Southern Illinois University Press
  • Publication date: 12/28/1996
  • Edition description: 1st Edition
  • Pages: 320
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.60 (d)

Meet the Author

John W. Cones was a practicing securities/entertainment attorney based in Los Angeles during the time he researched and wrote this book. He is a prolific writer and lecturer on film finance. His books include Film Finance and Distribution—A Dictionary of Terms, Film Industry Contracts, and 43 Ways to Finance Your Feature Film, also available from Southern Illinois University Press. Currently seeking to encourage interest in the reform of the U.S. film industry, he is working as a staff attorney in the U.S. Congress.

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Table of Contents

Introduction
1 Feature Film Net Profits 1
The Make-a-Great-Movie Myth 6
Critics of the Film Industry Net Profit System 9
Masters of Understatement and Euphemistic Language 18
Early History of Profit Participations 19
Net Profits as Risk Reducer 21
The Industry Apologists 22
The Lawyerly Perspective 26
2 The Five Major Film Finance/Distribution Scenarios 29
3 Types of Distribution Deals 31
4 Negotiating the Distribution Deal 34
5 Terms of the Deal Itself 40
Gross Receipts Exclusions 40
Distributor Fees 62
Distribution Expenses 65
Interest 76
Production Cost Issues 79
Creative Control Issues 86
General Contractual Provisions 89
6 Feature Film Distribution Deal Negotiating Checklist 103
Distribution Fees 112
Distribution Expenses 113
Interest 121
Production Cost Issues 123
Creative Control Provisions 125
General Contractual Provisions 126
Distributor Commitments 127
The Limits of Negotiating 136
App. A Motion Picture Industry Overview 141
App. B Profit Participation Audit Firms 149
App. C ADI (Top 50) Market Rankings 150
App. D AFMA Member List, 1992-1993 152
App. E Production-Financing/Distribution Agreement 154
App. F Negative Pickup Distribution Agreement 225
App. G Distribution Rights Acquisition Agreement 248
App. H Distribution Agreement (Rent-a-Distributor Deal) 265
App. I Foreign Distribution Agreement 275
Notes 280
Selected Bibliography 288
Index 298
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