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 and the way in which the
distribution deal plays an integral part in that 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 distribution 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. The list deals with
distribution fees, distribution expenses, interest, production
costs, creative control issues, general contractual provisions,
distributor commitments, and the limits of negotiating. His nine
appendixes present a "Motion Picture Industry Overview," "Profit
Participation Audit Firms," "ADI (Top 50) Market Rankings," an
"AFMA Member List, 1992-1993," a "Production-Financing/Distribution
Agreement," a "Negative Pickup Distribution Agreement," a
"Distribution Rights Acquisition Agreement," a "Distribution
Agreement (Rent-a-Distributor Deal)," and a "Foreign Distribution
Agreement."
Cones wrote this book for independent producers, executive and
associate producers and their representatives, directors, actors,
screenwriters, members of talent guilds, distributors, and
entertainment, antitrust, and securities attorneys. Securities
issuers and dealers, investment bankers, and money finders,
investors, and financiers of every sort also will be interested. In
addition, Cones suggests and hopes that the book will interest
"Congress, their research staff, government regulators at the
Internal Revenue Service, the Securities and Exchange Commission,
the Federal Trade Commission, and law enforcement officials such as
the Los Angeles District Attorney and the U.S. Justice
Department."
General
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