Amazon Studios: The Good, the Bad, and the Ugly

Amazon Studios has been making a lot of noise around the blogosphere. Because there is so much information out there about it, I originally was not going to comment about it. But given that this is an indie film blog, I now feel I have to give my two cents.

If you haven't heard already, Amazon decided to launch an indie crowdsourcing venture called Amazon Studios. Writers can upload scripts in order to win cash prizes and possibly receive a deal through Amazon and Warner Bros. I'll just touch on the good, the bad, and the ugly.

The Good: Uploading to Amazon Studios is free. Contests usually cost an entry fee. This option might be attractive to a struggling filmmaker or writer. Also, the contest is a monthly one, with cash as a prize. Who doesn't love that? Also, Amazon Studios seems serious about democratizing the filmmaking process. Amazon Studios forms a community and encourages collaboration. Also, scripts do not have to be in English, which is usually a requirement for many other screenwriting contests. Now for the caveat.

The Bad: I think this speaks for itself:

You grant us a worldwide, royalty-free, non-terminable, sub-licensable, transferable right, during the License Period, as defined below, to copy, use, edit, add to, modify and otherwise alter any Original Property you contribute to Amazon Studios and to create, develop and produce derivative works based on the Original Property on and off of Amazon Studios in the form of treatments, screenplays, writer 's pitches, trailers, videos and other written, audio or audiovisual works (each a "DerivativeWork" and these rights, our "New Content Creation Rights"). Our New Content Creation Rights are exclusive during the License Period and you will not grant similar rights in your Original Property to anyone else during the License Period. After the License Period, if we don' t exercise the Option, our New Content Creation Rights will expire and you may grant similar rights to others. --Amazon Studios Development Agreement

In order words: a free option. For 18 months, you cannot shop around the same script to others for a better deal. For free. Usually, when given an option, you would receive some cash incentive not to shop around the script, per WGA rules. I do not know about you, but to me this is a major deal-breaker. Working as a writer, unless you have an exclusive personal relationship with a producer AND you are receiving a co-producer credit, I would avoid the so-called "free option." Even if you do not have a free option, you would at least want a negotiable term option. At Amazon Studios, you would receive neither. In addition, when your screenplay is optioned, you will be eligible for the WGA. Submitting your script to Amazon Studios will not qualify.

If you are a filmmaker, you have to create a "test movie" in order to test the script's validity. The test movie does not need to be a full scale production. However, Amazon expects you to test the entire script. Here, Amazon should have just asked for a trailer or a scene from the movie instead. It seems pointless to make a "test movie" for a potential production. You would be making the movie twice. If I were to create a feature-length test movie, I might as well produce the film myself and call it a day. Plus, Amazon seems to forget that the internet crowd has a short attention span. Who is gonna sit at their computer and watch a semi-produced movie?

The Ugly: John August already pointed this out, but I would make another point. We writers are a paranoid bunch. Many of us are too paranoid. I'm not as worried about others "stealing" my ideas, because if a writer was truly afraid of that, he or she would be afraid to pitch ideas to others. You have to let that go in order to market your work. You must learn to protect your work in a legal way. That being said, losing your rights to your work by uploading to Amazon Studios is not the worst part of Amazon's terms. Amazon is very vague about its procedure facing copyright and attribution issues. Further murking that up, other users can add revisions to your original work, without your permission. And if Amazon agrees to the changes, you have to recognize Goompykid94 as a co-writer.

Whenever I send a script to someone, I send it as a .pdf. Amazon Studios likes the obsolete file format .rtf instead. Not .doc or .docx. Not any Movie Magic or Final Draft format. Not even Celtix. But the same file format used in Wordpad. If you are like me, you predict major formatting issues. Last time I used this file format for a major project, I was wearing butterfly clips and waiting for my dial-up internet to connect via CompuServe. It was also the same time I was allowed to turn in a paper written in Comic Sans.

Last ugly point: Amazon expects the winning script to make $60 million in the box office before they pay you any more money. You might as well bend over. I'm assuming that's Domestic Box Office. This is assuming your script is any good and the resulting film is worthy of a theatrical distribution and release. Also, what about ancillary markets? Foreign release? Digital distribution. Not only does this deal overpromises, the deal is bad for you regardless of how well the film does. Amazon comes out on top. Either way, you will be underpaid and screwed out of your true compensation.

I expected more from the company that owns IMDb. Maybe I expected too much. But I guess it'll be useful for some script you care less about. I would not recommend Amazon Studios for your really good stuff, regardless of the promise of a first look from Warner Bros. Just use Vimeo or YouTube instead.

Happy Filmmaking.

The Marketability of Independent Film

Exactly how marketable is independent film? All through college I was told that indie films are really not that marketable. And it seems my professors and industry insiders were right. However, Cinderella stories such as District 9 and Paranormal Activity are hard to ignore. And Precious, a film endorsed by Oprah and Tyler Perry may not be far behind.

So was I lied to? Were millions of film students lied to? Not really, but I believe the tides have turned. Nowadays, it is far easier to self-produce and fund independent films. Give me $10,000 or even $5,000, and I can probably make something watchable. With such a small budget, turning a profit on my film may not be as hard as people make it.

But will it sell? Ahh. There's the rub. One has to be completely original, yet remain within the framework of some familiarity. Such as District 9. At first, it sounds like a typical alien invasion story, but the twist reveals that these aliens live in the ghetto. And humans have put them there. And the movie takes place in Africa. The familiarity of the alien invasion story draws us in, while ghetto aliens in bras and panties who abuse cat food like crack keeps us there.

The genre rules are the same though. You still have the bankable horror film, crime drama, romantic comedy, or sci-fi adventure. Indies can play around with genre constructs, especially to drive up originality factor, but too weird and you might be another Ed Wood (one can argue Plan 9 was a genre experiment).

As much as we would hate to admit, the Industry is a business. You gotta play to the masses if you want to stay on top. Of course, the most bankable thing you can do is to bring "a name" to your project. Names come at prices, but sometimes the names alone sell. For example, Tyler Perry can take a crap on a piece of paper, call it Madea Goes to the Bathroom, and will still turn a profit because of the marketability of his name. Hell, may even be #2 at the box office, right after the Halle Berry/Angelina Jolie lesbian film, also co-starring Beyoncé as the jilted lover.

Are there some films that prove marketable even while failing at these "rules"? Sure, but for most of us, we might as well throw that $5,000 off a cliff because no one will see our films. Alternatively, you could shoot the money floating gracefully towards the bottom of the abyss and call it a social commentary about the American banking loan system. Then post it on YouTube. Take that, Keyboard Cat!

Happy Filmmaking!

What would you do for $1.5 million???

1.5M for Filmmakers? Cinereach and Sundance Unveil Three-Year Grant Program - indieWIRE

If not inspired by nothing else, Cinereach and the Sundance Institute decide to support small feature projects (both documentary and narrative) in order to discover new talent. The three-year program is a fellowship program that will allow filmmaker fellows access to immense industry resources.

The money is not much, considering the average American film is around $15-40 million. However, one can make a perfectly decent movie for, say, $100,000. You are only limited to your imagination. In the end, the budget is the budget. The importance is receiving more bang for your buck.

Republicans hate filmmakers!

Alot of noise has been made over President Obama's stimulus bill, particularly on the Republican side. Today, Capitol Hill's GOP members released a list of what they considered "wasteful spending". Included on the "wasteful" list was this:

A $246 million tax break for Hollywood movie producers
to buy motion picture film.

The kicker is that many of these Republicans probably watch movies and they love tax breaks. We all know filmmaking is expensive. Probably the most expensive portion of filmmaking is the film stock or media used to shoot the film on. The tax break will probably help out the studios more than the indie houses, but indie filmmakers could benefit immensely from this tax break.

However, the average American probably doesn't understand the importance of affordable filmmaking, and how it relates to the American economic flow. That is until all of their favorite movies and television shows are gone. We all remember the average American's gripe during the writers' strike. Sorry, Charlie, but you may never see what happened on next week's Lost.

Not to mention: the Film Industry is America's most lucrative export, and it employs thousands of Americans. But the Industry is sinking because of the strikes and the economy. Strap on for the ride, folks.

Happy Filmmaking!

Do Film Festivals REALLY care about unknown filmmakers?

An interesting concept. Over at Film Independent, one aspiring filmmaker dares to post this question. Although it would feel like many film festivals only care about films that would give them the most press, it does seem a little harsh to assume all festivals can care less about the rising filmmakers.

The article suggests that filmmakers should never limit themselves with just the large, tougher-to-get-into-than-Heaven film festivals like Sundance and Cannes, but also check out the local scenes. And also follow the golden rule of the Industry: network.

The rest of the article is here.

Happy Filmmaking.

Finding your rich uncle

The hardest thing about making a movie is finding the money and resources to do it. Film finance is an artform in itself that should be taken very seriously. It can be done, however. Just remember these helpful tips to make the daunting task easier:

• Write a business plan. Would you give your money to a stranger or not-so-close acquittance who didn't do his homework? Have something to present to your potential donor.
• Be organized in your business plan. Present a set budget. Know why you need money and how much.
• Don't ask for $50,000 from one person. Ask for $500-1000 dollars from 50 people. Donors are more likely to give in smaller amounts.
• Set up a website where people can look at your teaser trailer. On that website set up a donations box through Paypal. If your stuff is good, strangers would love to see the rest.
• Look for and research film grants. State film commissions, non-profits, and patrons of the arts have plenty of film grants out there for the struggling filmmaker. Most are for making a documentary, but some out there do exist for narratives.
• Look for local and state tax-incentives. Tennessee just announced great tax-incentives and resources for people who make a film in their state.
• Consider in-kind donations. In-kind donations would be free food, free shooting location, free costumes, free props, anything of that sort. These are usually in exchange for promoting the service or product shown in the film. In-kind donations can cut your cost tremendously.
• Consider product placement. Don't go overboard like I Robot or Minority Report, but you could present your script to companies and marketing houses for ideas on where to put certain products. For example, Forrest Gump drinks gallons of Dr. Pepper throughout the film.
• Consider selling distribution rights in exchange for finishing funds. Hopefully, your main goal for your film is to get as many people to see it as possible. Selling distribution rights to the right company or studio grants two of your wishes.

Happy Filmmaking!