Licensing and Distribution

licensing is the process by which a distributor acquires the legal right to exploit a film. In distribution, licensing itself can take place on two levels.

International distribution ensures that films find their way to the 90+ market 'territories' around the world. The major US studios generally have their own distribution offices in all the major territories. By contrast, independent producers have to sell their films to different distributors in each territory. Independent production companies are usually small concerns, sometimes set up for one film and often lacking the necessary knowledge or contacts of each of the territories around the world. Instead of doing this themselves, they might choose to hire a specialist sales agent, whose function is to understand the value of a film in many different markets. The sales agent will then set up stall at the film markets that take place throughout the year.

Then there is 'local' distribution, which involves the distributor acquiring the licence to release and exploit the film in a particular country. The distributor will usually pay the producer a minimum guarantee for the licence. This fee will vary depending on the status and perceived commercial potential of the film, and on the range of rights that the distributor chooses to exploit. A distributor will usually be offered theatrical rights, for showing the film in cinemas; video rights, for video and DVD exploitation; and TV rights, if the distributor is able to sell the film to a broadcaster.

 In addition to paying a fee to secure the film, the licence will stipulate that the distributor will also pay royalties to the producer, taken from the profits that the film generates. A local distributor will conventionally share profits equally with the producer for the theatrical leg, pay back higher royalties for broadcast rights, and lower for video/DVD. Once the licence has been agreed, it is then the distributor's job to launch the film. In the UK, feature films are released initially theatrically (in cinemas). A theatrical opening is seen as the most effective way to create interest in a new film. The big screen is still the optimum setting for a film for both audiences and the filmmakers.

Some months following the theatrical release, a film will be packaged and released on DVD and VHS video, then on various forms of pay television and eventually, two years after opening in cinemas, on free-to-air television. The value of the film built up by its theatrical release reaps dividends throughout its release cycle, influencing the audiences and commercial value it subsequently commands.At every stage, the successful distributor must have an in-depth knowledge of the marketplace - which cinemas, video outlets and broadcasters can best draw an audience for its films - and of the variable marketing costs involved in releasing a film in that territory. The trick is to weigh up the two factors, to invest as much as is needed in promoting the film to draw out the maximum returns.

Distribution

The history of film is usually related through the achievements of producers, directors, writers and performers. Making films, production, has always been perceived as a glamorous pursuit. Alternatively, our personal understanding and appreciation of film is shaped by our experiences at the cinema. The exhibition of film is a commonplace, shared cultural activity highly visible in every city and town in Britain, constantly feeding the popular memory. By contrast, distribution, the third part of the film supply chain, is often referred to as 'the invisible art', a process known only to those within the industry, barely written about and almost imperceptible to everyone else. Yet arguably, distribution is the most important part of the film industry, where completed films are brought to life and connected with an audience.

So what is involved in this invisible process? Distribution is about releasing and sustaining films in the market place. In the practice of Hollywood and other forms of industrial cinema, the phases of production, distribution and exhibition operate most effectively when 'vertically integrated', where the three stages are seen as part of the same larger process, under the control of one company. In the UK, distribution is very much focused on marketing and sustaining a global product in local markets. In the independent film sector, vertical integration does not operate so commonly. Producers tend not to have long-term economic links with distributors, who likewise have no formal connections with exhibitors. Here, as the pig-in-the-middle, distribution is necessarily a collaborative process, requiring the materials and rights of the producer and the cooperation of the exhibitor to promote and show the film in the best way possible. In this sector, distribution can be divided into three stages - licensing, marketing and logistics.

 Logistics of Distribution

The distributor will enter into an agreement with the cinema to screen the film on certain 'play-dates'. It is the responsibility of the distributor to arrange the transportation of the film to the cinema, as part of its wider coordination of print use across the UK. Logistics represents the phase of distribution at its most basic - supplying and circulating copies of the film to theatres, of tapes and DVDs to shops and video rental stores, and managing the effectiveness of the supply. The showing of films in cinemas is a time-pressured activity. Cinemas spend their money publicising film play-dates and times in local papers or through published programmes. There's an imperative for the distributor to deliver the film on time.

For UK theatrical exhibition, the distributor typically handles 35mm film prints. Each print can cost around £1,000 - or twice that if subtitled - so a degree of care is required of everyone involved in handling the print. In the UK, prints are generally broken down for ease of handling into smaller reels, each lasting around 18-20 mins when run through a projector at 24 frames per second. So a feature print, in its physical form, will usually be 5 or 6 reels, stored and supplied in a single hard case, weighing in at 20-25kgs. Prints are hired by the exhibitor for the duration of their play-dates, and therefore each print is made for repeat use. It's easy to see from this that, during the course of even a short theatrical release period, any single print needs to be moved many times from the main print warehouse, onto a delivery van, to the cinema, onto an assembly bench, through the projector and then back through the process and onto the next cinema. 35mm theatrical prints invariably suffer cumulative damage as they pass through different projectors, and the hands of various projectionists. There are also overheads incurred by the distributor for the storage of prints at the UK's central print warehouse in West London. For these reasons, each theatrical print has a finite lifespan.

Distributor will invest in sufficient prints to provide optimum coverage through the first period of theatrical release, usually lasting up to 6 months. From this point on, many of the now used release prints will be destroyed, leaving only a small number to be used for second-run and repertory theatrical bookings through the remainder of the film's licenced period.

Towards the end of 2005, the UK distribution and exhibition sectors were starting to move towards digital distribution and exhibition. For exhibitors, digital projection, especially when married to the increasing use digital formats in production, can now replicate - if not surpass - the image quality of conventional 35mm cinema presentation. And, of course, digital sound systems have been used in cinemas for some time. In distribution terms, the advantages of digital technology are even clearer, though perhaps longer term. Digital technology is seen to offer a more cost effective and logistics-light alternative to the tried and trusted, but unwieldy model of 35mm print distribution described above. It will, eventually, be cheaper and much less stressful to send films as computer files to cinemas across the UK, than to transport 20-25kg tins of film in the back of a van. Digital distribution and exhibition on a large scale has started to appear in certain parts of the world, notably China and Brazil, where conventional logistics cannot, for one reason or another, efficiently bring together supply and demand.

In the UK, digital technology has been embraced by the non-theatrical sector, in film societies and schools, where the use of DVD and mid-range digital projection has replaced 16mm. The force of this change, coupled with the new capacity of technology to replicate 35mm imaging, has led the UK Film Council to establish a digital distribution and exhibition programme for the theatrical sector at the end of 2005. Entitled the Digital Screen Network (DSN), it will eventually support new facilities in 211 screens across the country (out of a total of just over 3,300 screens in the UK), and is seen as a small but important step change towards full digital cinema. The DSN will initially work with files transferred from a high definition digital master (either HDD5, or HD Cam). The compressed and encrypted files will be sent directly to cinemas to be downloaded, de-encrypted (unlocked) and opened as files for screening with digital projection equipment.

In principle, digital distribution will, in time, change the paradigm of 35mm print logistics. It will be possible for the distributor to send feature film files electronically, via broadband networks, thus eliminating dependence on transportation. There is little doubt that the advent of digital distribution has the potential radically to alter the modus operandi of distributors around the world. The comparatively low cost of film copies and additional logistical effectiveness of digital distribution provide the distributor with greater flexibility. It will be less expensive in the coming years to offer a wide theatrical opening with many copies, and also conversely, to screen a film for just one performance at any cinema.

 In theory at least, it will be possible for both distributors and exhibitors to respond more precisely to audience demand. All this suggests that in the future, more titles, both mainstream and specialised, will receive wide theatrical openings, and that this broadening of access at the point of release will dramatically reduce the overall theatrical period from 3-6 months to perhaps 1-3 months. Thereafter, films will enter into a second-run and repertory programming market aided by lower costs.

 The shortened first-run period will in turn bring forward the distributor's release of the DVD. And there's the rub. The adoption of digital technologies offers greater opportunities for distributors to create joined-up campaigns for theatrical and DVD releases, in which, increasingly, the theatrical opening is used as a way of providing a loss-leading marketing platform for the highly lucrative DVD leg.
 http://www.screenonline.org.uk/film/distribution/distribution2.html