10 Keys for What to Submit for a Distribution Deal
While a trailer and screener are basic requirements for getting a distribution deal, once you get a deal offer, it will specify a variety of items to supply within a certain time period — commonly 30 to 45 days — in order to fulfill the terms of the contract. The distributor needs these items in order to license rights or line up sales of your film to retailers and platforms for showing your film.
These requirements specify different video elements, trailers, marketing/advertising/ promotion materials, and documents you need to provide. Still other materials may include foreign or regional language subtitles and metadata. Different distributors will have more or fewer requirements. You should be ready to provide these elements yourself or work with a production company who can do this for you.
Following are some examples of these requirements drawn from some contracts I and my co-production partners have gotten for our films. These examples will give you an idea of what to expect, though the distributors offering you contracts may have different requirements. Be sure you understand what is requested and can provide it yourself or with a third party’s help before you sign an agreement.
1) Grant of Rights. Here you agree to grant specified rights for the term of the agreement in the territory specified in the contract — such as world rights or limited to certain countries. These rights which you grant the licensee, along with the permission to sublicense any granted rights, can include the following:
- All formats of digital and internet delivery
- Home video,
- Pay TV,
- Free TV,
- Theatrical,
Additionally, these rights granted can include ancillary rights, which include the right to film, tape, photograph, capture, collect, or record, and to simultaneously or thereafter reproduce, broadcast, transmit, or distribute this content by any means, process, medium, or device.
2) Certificates and Documents. These can include any of the following:
- E&O insurance with a certain amount of coverage, such as at least $1 million for each claim and $3 million for all claims with a policy deduction of more than $25,000;
- Chain of Title Documents, showing who owns the property and any transfers that have occurred from the original to the current owner;
- Copyright Certificates;
- The Film Script,
- A Dialogue List, which is a verbatim record of all spoken dialogue, including utterances, created to match the final edited version of the film, television, or video production. Such a list is often used for preparing foreign language translations during the dubbing process.
- A music cue sheet,
- Documents from guilds and unions if applicable, such as SAG, the DGA, or WGA.
For example, if you use SAG actors, you have to provide completed copies of the SAG’s final cast report, covering all actors engaged on the picture, including their singing, looping, and voice-over services in post-production. If any WGA writers are involved, you have to provide their name, address, social security number, and loan-out information, if appropriate, for all writers receiving credit on the picture. Plus you have WGA approval of the final main and end title credits, signed by an authorized representative of the WGA. If any DGA members are involved, you have to provide the name, social security number, loan-out information, if appropriate, and a job description of all DGA members engaged on the picture. Additionally, you need the DGA’s approval of the final main and end title credits, signed by an authorized representative of the DGA.
Another document you may need to supply is a billing block, which provides the credits for the film posters and the more extensive credits in the trailers which might include the cast and crew that made the film, as well as the producers, distributor and financier behind it. Additionally, you may be asked for a paid advertising statement for each person named in the billing block to be sure that person has given you an approval for using their name in any advertising for the film. Finally, if applicable, you may need to provide any licensing agreements from all parties with rights in any stock footage or film clips used in the film to show these individuals or companies have granted the licensor the right to incorporate that stock footage or clips in the picture and the right to distribute, exhibit, advertise, or otherwise exploit the picture with that stock footage or clips.
3) Video Elements. This section specifies the many different types of files you have to supply. There are about a dozen or more of these. I’ll list some of the main ones listed here; look through the requirements specified by each distributor for their exact requirements.
- Closed captioning film
- Credit block (listing all of the credits in the film)
- End credits
- SD and HD downloadable trailer in the same frame rate as the film
- SD and HD green banded downloadable trailer in the same frame rate as the film. This additional trailer is required if you create a red banded trailer which has nudity, swear words, violence and emotionally charged scenes appropriated for an “R” rated audience. The green banded trailer has these elements removed.
- Metadata form, which includes a synopsis, runtime, cast and crew, and other information about the film.
4) Audio Elements. This specifies the different audio tracks to supply.
- M&E (music and effects) tracks, which feature the music and sound effects separate from the video
- Stereo or Surround Sound with appropriate tracking. This track has to be in stereo if the original track is mixed in stereo, with the music and effects included, but mapped on separate tracks. If the audio is mixed in surround sound, the eight tracks should be properly tagged in a specific order.
- Dialog, music, and effects, as separate stems
- Foreign language audio on a separate video master, if applicable.
5) Closed Captions. These must be provided in a Scenarist.scc formatted file and should preserve the timecode mode used in the captioning process. The captions must be properly synched against the master file, and there can be no more than 4 lines per caption and no more than 32 characters per line.
6) Final Screenplay and Shooting Script. This should be a copy of the final screenplay or shooting script used in producing the picture. If the film is a documentary with no screenplay, the treatment which served as the underlying material for the production should be provided.
7) DVD Screener. This is a copy of the complete film, which is designed to show to prospective buyers. It can be watermarked, but cannot be copy protected. The screener can also be a preliminary edit of the film and include only a partial credits list, but it should be final enough to sell the film to buyers.
8) Trailer. This should be G-rated, meaning no nudity, profanity, or gore, and it should be in the same frame rate and resolution as the feature. The total run time should be a minimum of 30 seconds to a maximum of 2 ½ minutes. It can’t contain any reference to release dates, retail partners, or specific physical products such as DVDs.
9) Marketing/Advertising/Promotion/Social Media Elements. These elements should include the following, as requested by a particular distributor.
- Promo clips in the correct sizes for Facebook, Instagram, and Twitter, which are 5 seconds, 15 seconds, and 30 seconds long.
- A minimum number,(i.e. 20) of high resolution photos and stills for press, marketing and special promotions. Stills have to be fully cleared and approved by all necessary parties per the paid ad requirements.
- An electronic press kit, such as included in Apple Pro Res 422 HQ 1920x1080 files, which includes publicity clips.
- Art files which are 300 dip RGB layered PDS files. The images can’t have DVD or Blu-Ray logos, credits, laurels, dates, website links, and any promotional information
- DVD Packaging, in the form of 300 dpi RGB or CMYK tif files. These can include a tagline and/or the names of the actors and directors, but not the billing block on the fornt of the package. They should also include the distributors legal copyright blurb on the back of the package and its logo on the top of the spine and back of the package.
- DVD Disc Art, in the form of a 300 dpi RGB jpg.
10) Synopsis, Biographies, and Other Materials. These last materials include the following:
- a short synopsis of up to 240 characters and a long synopsis of up to 2000 characters,
- biographies of the individual producers, directors, writers, and leading players, if available,
- special features, such as the making of the picture materials, behind the scenes footage, b-roll footage, featurettes, deleted scenes, bloopers, TV specials, cast and/or crew interviews and audio commentaries, and other materials created for distributor’s use, without any extra compensation. Include any third party pre-approvals or agreements, as necessary.
- any storyboards, production designs, and costume sketches, if available,
- any advertising/publicity materials created and/or developed by or for licensor or distributors, if available,
- documented approval, if required, on special features, indicating all necessary contractual approvals from performers, crew, subjects, or other parties.
In short, in order to fulfill a Distributor Agreement, you need to provide all kinds of documentation, files, and other materials for the distributor to distribute your films. If you work with a sales agents or producers’ rep who helps you get distribution, you still need to supply this information. Thus, when you look for distribution, it’s important to know in advance the kind of material you will have to provide, so you know you can do it or arrange to have someone else do this for you in a timely manner to meet the distributor’s submission deadlines. Generally, whoever is doing the post-production editing should be able to create the necessary video and audio files, or find an editor who can. Additionally, think about the other types of documentation you need, since ideally you can put together many of these files and documents during the production, such as getting the chain of title or obtaining SAG forms for any SAG actors appearing in the film.
Perhaps you might create an Excel or other spread sheet to list all of the items you need to provide by when and who will provide them. Then, check the items off as they are completed and available to submit to the distributor individually or in a set of files. Sometimes the distributor will have an online platform where you should submit these materials. Just follow the guidelines of the distributor you choose to distribute your film.
GINI GRAHAM SCOTT, Ph.D., J.D., is a nationally known writer, consultant, speaker, and seminar leader, specializing in business and work relationships, professional and personal development, social trends, and popular culture. She has published 50 books with major publishers. She has worked with dozens of clients on memoirs, self-help, popular business books, and film scripts. Writing samples are at www.changemakerspublishingandwriting.com.
She is the founder of Changemakers Publishing, featuring books on work, business, psychology, social trends, and self-help. The company has published over 150 print, e-books, and audiobooks. She has licensed several dozen books for foreign sales, including the UK, Russia, Korea, Spain, and Japan.
She has received national media exposure for her books, including appearances on Good Morning America, Oprah, and CNN. She has been the producer and host of a talk show series, Changemakers, featuring interviews on social trends.
Scott is active in a number of community and business groups, including the Lafayette, Pleasant Hill, and Walnut Creek Chambers of Commerce. She is a graduate of the prestigious Leadership Contra Costa program. She does workshops and seminars on the topics of her books.
She is also the writer and executive producer of 10 films in distribution, release, or production. Her most recent films that have been released include Driver, The New Age of Aging, and Infidelity.
She received her Ph.D. from the University of California, Berkeley, and her J.D. from the University of San Francisco Law School. She has received five MAs at Cal State University, East Bay, most recently in Communication.