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This is a glossary of key terms found in the FilmProfit
User's Guide
Whenever an ad or expense for a film is incurred, the
account is charged, and if interest is being charged, all of the expenses
collect interest charges as of the day they are incurred, even though cash
payment for the expenses is made at a later date.
a) Production Advances
Distribution companies will often advance money for, or
guarantee loans for the production of a film by an independent producer. In
most cases, the independent producer does not have any general liability for
such an advance or loan. The loan is usually only repayable from the revenues
from the film. The motion picture company bears substantially all the risks of
ownership, though the producer may sometimes retain the copyright.
- In
FilmProfit, all production advances by distributors are considered
Interest-Bearing Advances/Loans and are considered to be received by the
producers six months before release.
b) P&A Advances
Distribution companies also generally expend funds to
release a film, including P&A costs, and other costs associated with
distribution. These costs are treated by the distributor as an advance, or a
loan to the film. The loan is usually only repayable from the revenues from the
film, while the distributor bears substantially all of the risks of loss.
- In
FilmProfit, advances made by distributors to the producer to help finance
the distribution of the film are charged as the P&A funds are
expended.
c) Distribution Advances
Distribution companies may provide the independent producer
with a cash payment as an "advance" against revenues from the film.
These advances can be treated by the distributor as a loan. These loans are
usually only repayable from the revenues from the film.
- In
FilmProfit, all advances made by distributors to the producer after
production are called Negative Pick-Up Guarantees. (FilmProfit
automatically treats Negative Pick-Up Guarantees as interest-bearing
advances.)
(see Domestic All Other Rights under Distributor Revenue)
FilmProfit treats the funds after all charges for expenses,
advances, distribution fees, and interest, but not before consideration of the
delays in payment by the distributors as the available funds. These are the
funds due the producer.
When a person or entity holds some or all rights to
participation (whether net or gross participation) in the profits from a film,
they are said to be participating in the "backend" rewards, as
opposed to getting all of their money "upfront."
- In
FilmProfit, producer's gross profit is considered before any
deductions for backend rights of the net participants, but after backend
rights of gross participants.
- There
is a Paul Simon song which says that one man's ceiling is another man's
floor, and in that respect, too, one man's gross may be another man's net.
- Backend
is also a term used on its own, or in conjunction with other terms to
describe any postponed action, such as speculative income from profits,
delayed payments, delayed rights sales, etc.
A method whereby a syndicated television program supplier
retains a portion of the advertising time, say in the case of a movie, 10 or 12
minutes across the movie's air time, and then sells that advertising time as
the way in which they make money off the movie.
- In
these barter/syndication deals, the film may be provided to the station
for free (all barter), or for some barter and some cash, or barter in the
first window, and then all cash in a second, or "backend"
window.
- In
FilmProfit, include the value of all barter sales under Domestic, All
Other Distributor Revenue.
The case when an exhibitor sends a check from the box office
for a film's receipts, the distributor waits until the end of the quarter to
credit the account for the revenue, and no interest is paid on the revenue
balance for the period it was actually in the account. Not all distributors use
cash accounting for a film's revenues. Some credit when actually received.
- In
FilmProfit all expenses paid are charged and all revenues are credited as
of the mid-point of each quarter.
A distributor and exhibitor may share the cost of an
advertising campaign that also features the exhibitor's theater or theaters. In
this way they are co-operating. These co-ops are arrived at through individual
negotiations, and are usually short-term, on a week-by-week basis.
- In
FilmProfit, co-op advertising costs incurred by the distributor are
included in the amount input for P&A.
Playing the "float" is common in the Film
industry. Although distributors can put pressure on exhibitors to make payments
on a timely basis, producers generally do not have much leverage to force a
distributor to make timely payments. A typical cycle for a distributor is to
make payments to a producer initially on a quarterly basis but thereafter on a
semiannual basis.
- A distributor
usually accounts for revenues and P&A expenses on a quarterly basis.
After the end of the quarter, the distributor summarizes the revenue and
expense data. The Distributor then submits the processed numbers to his
accounts payable department for payment. The accounts payable department
issues checks one to two months thereafter.
- Accordingly,
the producer's portion of revenues (Producer's Net Rentals) collected at
the box office in July may not be summarized until near the end of the
next quarter (November/December) with payment by the accounts payable
department to the producer in the subsequent quarter (January/February).
When the cycle moves to a semiannual basis, this delay can be even longer.
- In
FilmProfit, this payment delay process is referred to as the Delay In
Payments by Distributor. (see also
Float and Float Penalty
- For a more full discussion see the
chapter of the FilmProfit Guide to Distribution Deals chapter,
INTEREST-BEARING ADVANCES/LOANS)
A film which is released into the video market before being
made available to consumers through any other medium. It may be because the
film was created precisely for the video market, or because it was unable to
find distribution in other markets first.
The entity or person who takes on the responsibility of
selling, licensing or renting a film to its various markets, including but not
limited to theatrical, home video, pay/cable and other television markets
domestically and overseas. Some distributors specialize in individual markets,
while others distribute in all of the available markets.
- The
independent producer may contract with one distributor for all markets, or
several distributors in the individual markets.
Distributors charge fees which are usually based on a fixed
percentage of their revenue from exhibitors and others.
Final payment of net rentals to the producer after deductions
by the distributor for Interest-Bearing Advances/Loans and for interest. (see also Delay in Payment by Distributor)
FilmProfit specifically uses this term to describe the
proceeds of the film paid to the distributor before any deductions by the
distributor.
Domestic includes the United States and
Canada (North America), and represents proceeds from:
- Theatrical:
distribution proceeds paid by exhibitors to the distributor for the box
office
The term Rentals as
defined by Variety and others is often used to describe this income,
particularly from domestic box office.
- Domestic
Video: proceeds paid by video retailers to the distributor for
videocassettes and videodiscs
- Domestic
Pay TV: proceeds paid by cable and other pay TV companies to the
distributor for the rights to broadcast
- Domestic
Public TV: proceeds paid by the Public Broadcasting Service, by public
television stations, or by producing entities such as American Playhouse,
to the distributor or producer for the rights to broadcast. (In FilmProfit
this does not include outright grants from other agencies)
- Domestic
Network TV: proceeds paid by network and independent television companies
to the distributor for the rights to broadcast on nonpublic free TV These proceeds are derived from the
first runs of the films in free television. Subsequent reissue or reuse is
referred to as syndication
Domestic All Other: proceeds paid for TV
syndication and all other ancillary markets, include:
- Syndication
represents the license of rights by the distributor, usually in packaged
collections of films, to independent television stations for broadcast on
free TV
- Ancillary
Rights includes sales to libraries, schools, airlines, ships at sea,
hotels, clubs, prisons, military, and includes such market spin-offs as
music rights, toys, posters, T-shirts, clothing, etc.
- Foreign
includes all regions outside the United States and Canada, and represents
proceeds paid to the distributor by subdistributors and exhibitors for all
theatrical, video, pay TV, public TV, network TV, TV syndication and
ancillary market rights and income
Because FilmProfit is structured to relate to the producer
who will own his or her own film, as opposed to the system that favors studio
or distributor ownership, we have designated the producer's revenues as Net
Rentals, and the return to the distributor from the exhibitor as Distributor
Revenue.
Includes the United States and Canada (North America). All
other areas are defined by industry practice as foreign, though not in any
nationalistic sense.
The domestic markets
are:
- Theatrical
- Distribution
of films in movie theaters
- Home
Video
- Distribution
of a film via videocassette or disc that may be purchased or rented for
viewing through VCR's
- Pay/Cable
- A
programming service for which consumers pay a separate fee, and which is
primarily delivered in the United States over cables wired into the
consumer's home
- Public
TV
- Free
television which operates without "advertising revenue." Financial support for public
television is primarily through government funding, contributions and
corporate and private grants
- NOTE: In FilmProfit Original Projections Software it is
important that the producer who is receiving, or anticipating receiving
public television funds, that they NOT
enter those funds on the Public television data entry line and also
enter them on the Non-interest-Bearing Presales/Grants data entry line.
This would result in DOUBLE
ENTERING of that revenue, and would adversely affect the accuracy of
your FilmProfit results
- Network
TV
- Also
called broadcast TV and free TV. Supported by advertising, it is
distributed over the free airwaves by networks and independent
stations
Domestic usually refers to the combined US and Canadian
markets (North America). Box office gross represents the total revenues taken
in at movie theater box offices (ticket sales)
An owner or operator of a theater that shows films
In FilmProfit, the amount of box office gross receipts
retained by the exhibitor to cover the exhibition expenses and profit margin.
US networks have not been allowed to have a financial
interest in their own programming, or been allowed to participate in the
after-market syndication of their programming, in order to prevent the networks
from favoring one of their program offerings (specifically those which they
own) over others in time-slot placement, in promotion or in other means. The
Federal Communications Commission created the financial interest and
syndication rule in 1970. In 1993 this rule was eased again.
The amount of money that a distributor holds for the period
between the time the distributor receives the money and when it is paid to the
producer. (see also Float Penalty and Delay in
Payments by Distributor).
In FilmProfit Original Projections Software, the bank
interest the producer does not see due to the Delay of Distributor Payments,
and the distributor's playing of the float (see
also Delay in Payments by
Distributor -For a more full
discussion see the chapter, INTEREST-BEARING ADVANCES/LOANS in this Guide)
All areas other than the United States and Canada.
The total of funds paid to distributors for exhibition and
other rights outside of the United States and Canada.
- FilmProfit
assumes that all foreign distributors have deducted for their P&A and
other direct and indirect foreign distribution expenses, as well as their
foreign distribution fees before remitting to the primary distributor, if
any, or before remitting to the producer.
(see Network TV)
Any funds given outright to the producer, which carry no
interest charges, and are not expected to be paid back. Some grants, however,
do carry stipulations as to certain market windows, etc. For example, a
National Endowment for the Humanities grant could stipulate that the film would
receive one airing on Public Television, or some other like stipulation. (see also Presales and Noninterest-Bearing Presales/Grants)
NOTE: It is important that
the producer who is receiving, or anticipating receiving grant funds,
particularly those with public television stipulations attached, NOT enter those funds on the Public
television data entry line and also enter them on the Noninterest-Bearing
Presales/Grants data entry line. This will result in DOUBLE ENTERING, and will accordingly affect the accuracy of your
FilmProfit results.
Gross is a reduced form of the term Gross Box Office.
Also a term used generically to
denote any revenue before being reduced by expenses. (see also Domestic Gross
Box Office)
A type of deal between the producer and the distributor in
which advances (if any), with interest charges, are deducted by the
distributor. Then the producer's portion of the revenue is remitted before the
distributor recoups his expenses and calculates his profit.
Those individuals (often actors, though male actors more
than female actors) and companies which are entitled to a percentage of the
gross distributor revenue, unreduced, or only marginally reduced by expenses or
fees. Usually a deal made with the distributor taking part.
The sum a distributor agrees to pay a producer for his film,
no matter what the market performance may be. Sometimes these guarantee
payments are made in lump sums in the production phase, or in a lump sum after
production and upon the delivery of the negative, or they are spread out in
progress payments, a portion during production, a portion during distribution.
In FilmProfit, such guarantees received before release are treated as
Noninterest-Bearing Presales/Grants if they bear no interest, or if they do
bear interest are treated as Interest-Bearing Advances/Loans. After production,
or after release, such guarantees are treated as Negative Pick-Up Guarantees. (see also Interest-Bearing Advances/Loans, Noninterest-Bearing
Presales/Grants, and Negative Pick-Up Guarantee).
The Exhibitor's calculation of what it takes to lease his
theater, to staff and to run it. In use, this figure may really include some
hidden profit for the exhibitor.
Banks and others charge borrowers a percentage rate on the
money they loan as a fee for the loans.
The interest rate banks charge to
high quality borrowers for low risk loans is known as the prime interest rate
(prime rate). (see also Risk Factor).
A distributor may advance a lump sum to the producer, to be
used for production.
· If
this advance is treated by the distributor as a loan, and accordingly bears
interest, FilmProfit calls these advances Interest-Bearing Advances/Loans.
These advances will usually be recovered by the distributor, usually along with
interest charges on the advances, by deducting them from the distributor
revenue before remitting to the producer.
· Distributors
view such advances as high risk investments, and accordingly generally charge
interest rates in excess of the prime rates. FilmProfit calls the additional
percentage points above prime the Risk Factor. (see also Noninterest-Bearing
Presales/Grants and Negative Pick-Up Guarantees).
One of the most significant considerations in the long-term
health of a motion picture distributor is the value of the programs which they
own, their "library," so to speak. If a program is perceived to have
this long-term value by a pay/cable distributor, they will most likely be more
willing to invest a larger sum in the production of the film, and want to hold
all or most of the rights.
A contract between two parties, giving one the rights to
distribute, or exhibit a program in a certain market, or in all markets.
Licenses generally operate within certain time periods, with the rights
reverting to the owner (licensor) at the end of the time period.
Describes television shows generally of 90 minutes to 2
hours or more in length, as opposed to television series segments. Applied
particularly to television movies and mini-series.
Movies made for television.
A distributor may advance a lump sum to the producer after
production and upon delivery of the film negative.
- If
this advance is treated by the distributor as a loan, FilmProfit calls
these advances Negative Pick-Up Guarantees, as this sum is assurance that
the producer will reap a minimum of return on their film from the markets
included in the deal. These advances will usually be recovered by the
distributor, usually along with interest charges on the advances, by
deducting them from the distributor revenue before remitting to the
producer.
- Distributors
view such advances as high risk investments, and accordingly generally
charge interest rates in excess of the prime rates. FilmProfit calls the
additional percentage points above prime the Risk Factor. (see also Interest-Bearing Advances/Loans)
A distribution deal wherein distribution fees, P&A
(including overhead on the advertising portion), advances (both production and
distribution), and interest on advances, are subtracted from distributor
revenue before arriving at the producer's net rentals.
Those individuals or companies entitled to a percentage of
revenue after it is fully reduced by all expenses (including production negative
cost), distribution fees, overheads and interest. Since FilmProfit is primarily
focused on the distribution stream, it makes no provisions for calculating net
profit participations.
The "Big Three" (ABC, NBC and CBS) have now become
four with the advent of the Fox Channel, and there is now a stab at a fifth
channel in the Universal TV Network, which is, like the Fox Channel, an amalgam
of independent stations, primarily providing Universal with a constant TV
distribution stream for their movie packages. Television program distributors
who supply programming to their affiliated stations across the country in turn
for advertising time on the air during the programs. These four make up the
bulk of what is often also called "Free TV."
A distributor or granting agency may advance a lump sum to
the producer, either to be used for production, or after production.
- If
these advances do not bear interest and accordingly are not loans,
FilmProfit calls these advances Noninterest-Bearing Presales/Grants.
- In
FilmProfit all funds received for production which do not have to be
repaid, would be properly entered as Noninterest-Bearing Presales/Grants.
(see also Presales, Product Placement and the chapter DOMESTIC TELEVISION DISTRIBUTION in this Guide).
In FilmProfit, the resulting cash needed to cover the
Negative Production Cost after deducting any Interest-Bearing Advances/Loans,
and after deducting any Noninterest-Bearing Presales/Grants. This figure is the
amount of money the producer still needs to provide in order to produce the
movie. It may be provided by private investors, by deferring fees or expenses,
trading profit participations for goods or work, or any number of other methods.
- As
FilmProfit is for analyzing the distribution aspects of a film, it makes
no provisions for analyzing any of these methods or any alternative
methods of providing for these funds.
A deal usually between a producer or producing entity and a
distributor (in any market), in which the distributor has exclusive access to
the producer's future products. Can be restricted to time, to types of
projects, etc.
A factor, usually a percentage of costs incurred by the
distributor, which is intended to cover the distributor's indirect costs such
as maintaining an office, paying regular staff, etc.
- There
are two prime instances in which the producer will incur overhead charges
with the distributor:
- Overhead
on Production Advances: When a
distributor directly advances money, material, production equipment or
space for a film production, they will usually also charge a fee based on
a percentage of that advance which is meant to cover the distributor's
indirect costs.
- Overhead
on P&A: When a distributor who
distributes films to theatrical exhibitors incurs direct costs for
advertisements (the A of P&A), they will usually also charge a fee
based on a percentage of the direct advertising costs to cover the
distributor's indirect costs.
- In
FilmProfit, it is always assumed that the overhead account will incur
interest.
The actual costs incurred by a distributor in producing the
screening prints (the P) of a film,
plus the actual costs incurred for advertising that film (the A), which usually also includes overhead on the advertising.
- In
FilmProfit, there is a separate entry line for overhead on P&A. As
well, P&A costs would also include certain other expenses distributors
charge to the producer's account, including: Taxes, Checking (auditing of box office income, etc.),
Censorship (rating seal, etc.),
Transportation, Guild payments and royalties, Trade association dues (MPAA, etc.), Claims (from any litigation, etc.), Bad
debts.
A television system in which the consumer/subscriber pays a
fee for the delivery of programming. The delivery of programs can be through
direct wiring to the receiver, or through use of satellite technology.
- There
are three primary types of cable channels:
- Basic
cable included in a "base-price" to the subscriber.
- Premium
cable which are channels not included in the "base-price" of
the cable service.
- Pay-per-view,
in which each program has a separate price for access.
In some instances, a producer may make a direct sale (or
license) to a particular market, or markets. These sales (or licenses) would
not incur any distribution fees, and would be the occasion for direct payments
to the producer.
The practice of licensing all or certain rights to a film
project before it is produced, or while in process of being produced. Generally
used in speaking of licenses ("sales")
to overseas markets. FilmProfit treats presales that bear interest as
Interest-Bearing Advances/Loans. Conversely, FilmProfit treats presales that do
not bear interest, and which accordingly are outright advances, as
Noninterest-Bearing Presales/Grants.
An individual or company that selects a film project,
arranges financing for the film's production budget, and causes the film to be
made.
In FilmProfit, the amount of funds in the producer's account
with the distributors after deduction for all gross participations,
distribution fees and charges for P&A. (see
also Producer's Gross Profit)
A term used by FilmProfit to denote the actual cash paid out
to the producer by the distributor, after all expenses, charges, and interest
are deducted (Distributor Payment to Producer) and after addition of any
Post-Release Direct Sales and deduction of Other Funds Needed for Production
and Presales/Grants.
Quite often independent producers will get a light in their
eyes when they think about product placement as a way of funding their film
production costs, or even as an area for profit from their film.
- Now,
the producer is actually selling advertising space in their movie, rather
than what is euphemistically called "placing product," and
product placement often brings in far less than some producers anticipate,
and quite often nothing at all.
- For an
instructive look at product placement see "Products for Nothin' &
Your Drinks for Free: Corporate
Support...or Sell-Out?" in The Off Hollywood Report (magazine of the
Independent Feature Project), April/May, 1990.
- If you
do receive product placement money, and would like to account for it in
FilmProfit place the entire sum in the Non-interest-Bearing
Presales/Grants data entry line (added to any other presales or grants, if
any). Otherwise, deduct the amount of product placement money from the
production negative cost before entering the production negative cost in
the program.
A generic term referring to the cost of producing the film
(producing the actual film negative, from which screening prints will be
struck), and includes the development, preproduction, production and
postproduction costs.
Compensation based on sharing the revenues from a film's
performance in the market. Much compensation (or incentive compensation) in the
motion picture industry is based on this method of sharing income. (see also Gross Profit Participants and Net Profit Participants)
Public TV could conceivably be called the "Fifth
Network" if looked at as free TV. Public TV is free to its viewers, though
they are often asked to 'donate,' or 'become members.' Public TV receives its revenue neither from
advertisers nor subscribers, but rather from federal funds, from 'donations'
and from corporate, foundation and individual sponsorship. (see also Domestic)
The process of advertising, promoting and physically
distributing films to theaters or other media.
A distributor may charge interest on advances, on P&A,
and effectively, on overhead. In contrast to the lending rates of banks, a
distributor typically charges interest rates above the prime rate, with the
added percentage their consideration for taking the "risk." FilmProfit calls this added interest
percentage above the prime rate, the "risk factor."
Payments made to a producer's account from proceeds of
videocassettes. Usually calculated as a percentage of the wholesale price of
each cassette.
A film which will be or has been distributed to
"niche" markets, as opposed to being exhibited through general or
"wide" release. Some films are designed to be specialty films, and
some films just turn out to be specialty films.
Motion pictures receive income from independent television
stations through the practice of selling the films station by station. This
method of selling of movies is done by specialized Distribution companies, or
by specialized arms of large Distribution firms. The films are often sold in
packages, and each film is individually priced for each television station,
according to the size of the station's market and according to the film's box
office and other previous exposure. The films are not usually sold
individually.
(see Gross Participations)
A term used in FilmProfit to express the relationship of
market revenues to the quarter of the year (such as year 2, quarter 3) in which
those revenues would be received by the distributor.
In the film industry, used to describe the situation where
the producer and the distributor are one entity, but even more particularly
where the distributor and the exhibitor are one entity. Particularly
distressing in the business of film distribution and exhibition as it can lead
to freezing-out competitive films from the marketplace. (for more information,
research topic Consent Decree of 1949 - 1952).
As used in FilmProfit, the home video wholesale share is that
portion of the distributor revenue which is not passed on as royalty to another distributor
or to the producer.
The specific time period during which a film is allowed to
be exhibited by a rights buyer, such as a television network, or pay/cable
exhibitor.
- Also
used to denote time periods which relate to the general sequencing of a film
to its various markets.
Other glossaries may be of
interest, including:
-Hastings
Communications and Entertainment Law Journal Comm/Ent, published Fall of 1991,
Volume 14, Number 1, published by University of California Hastings College of
the Law
-Dictionary of
Marketing and Related terms in the Motion Picture Industry, by Donn Delson,
Bradson Press, Thousand Oaks, CA.
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