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

~ (Author)

Editorial Reviews

Review

"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

Product Description

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. Cones discusses the pros and cons of the debate relating to the industry's so-called net profit problem. He then breaks down five major film finance/distribution scenarios, explaining various distribution deals and suggesting ways of negotiating distribution. Critically examining the specific terms of the distribution deal itself, Cones covers gross receipts exclusions, distributor fees, and distributor expenses. He also investigates the various forms of interest, issues of production costs, matters of creative control and general contractual provisions. For handy reference, Cones includes an extensive checklist for negotiating any feature film distribution deal.

Product Details

• Paperback: 320 pages
• Publisher: Southern Illinois University Press; 1st edition (December 30, 1996)
• Language: English
• ISBN-10: 0809320827
• ISBN-13: 978-0809320820
• Product Dimensions: 8.9 x 5.8 x 0.9 inches
• Shipping Weight: 1 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
• Amazon.com Sales Rank: #585,353 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

5 of 5 people found the following review helpful:

5.0 out of 5 stars A must-read, February 26, 2006

By	William Haiber "Military historian/writer" (La Grangeville, NY) - See all my reviews (REAL NAME)

Though a little dated (not much has changed in the film industry), The Feature Film Distribution Deal is a must-read for every producer and every newly minted entertainment lawyer.
The author, a practising entertainment lawyer) covers typical/standard/boilerplate film industry deal contracts as issued by the big studios/distributors, and explains practically every line/item in them, and the definitions of the many contract terms.
BTW, ALL the terms of these contracts are rigged to screw independent producers out of net profit participaiton profits.
Then the author offers 'counter' negotiating points and the reasoning/arguments behind them.
He does state that success in using these counterproposals/arguments is limited due to the 'balance of power' between big studios and independent producers is tilted heavily in favour of the big studios.
The appendices are four distribution deal contracts. They're well worth the read, too, if only to familiarise oneself with them.
It is NOT a book to read quickly, but one to be read thoughtfully, to absorb and to learn the legal and business concepts in the contracts. The structure of each chapter makes this easy to do.

10 of 12 people found the following review helpful:

5.0 out of 5 stars Encyclopedia of Bad Film Studio Business Practices, February 19, 2001

By A Customer

If you are mystified by "Hollywood accounting," this legal expose outlines over 80 clauses commonly found in feature film distribution contracts that might be considered unconscionable or immoral, revealing the formidible odds facing the "talent" side of the industry. A thorough explanation of why there's no "net" profit, and a sobering dose of reality for any creative person who believes they should be paid for making a good product. The introduction lists the LA DA's Office among those who should read it.