Pre-Sales Financing
Pre-sales financing is a popular method used in the film industry to secure funding for a feature film by selling distribution rights to territories, platforms, or mediums before the film is completed (or sometimes even before production starts). The money raised from these pre-sales can be used as a financial foundation to help cover the film’s budget, reducing the need for other, more expensive forms of financing.
How Pre-Sales Financing Works
1. Packaging the Project: The filmmaker or producer assembles a package that typically includes a script, a director, and notable cast members. A well-defined package makes the film more attractive to distributors.
2. Selling Rights to Distributors: The producer approaches distributors in different territories (e.g., Europe, Asia, Latin America) or specific platforms (like streaming services) and sells the rights to distribute the film once it is completed. These deals might cover theatrical release, TV broadcast, digital platforms, or home video.
3. Contractual Agreements: Distributors sign contracts agreeing to pay a set amount for the distribution rights, either upon delivery of the film or at pre-agreed milestones.
4. Using Pre-Sales Agreements for Financing: Once the pre-sales agreements are signed, the producer can present these contracts to a bank or specialized lender to secure a loan. The contracts act as collateral, as they represent guaranteed future income.
5. Receiving Upfront Capital: The lender advances a percentage (usually around 60-80%) of the value of the pre-sales agreements upfront, allowing the filmmaker to cover production costs.
6. Repayment: After the film is completed and delivered, the distributors pay the agreed amounts, which are then used to repay the loan, plus any interest and fees.
Example Scenario
Suppose a film has a budget of $10 million. The producers secure $5 million worth of pre-sales deals with distributors in Europe, Asia, and Latin America for theatrical and streaming rights. The producer takes these contracts to a lender, who agrees to provide a loan of $4 million (80% of the pre-sales value) upfront. This loan helps cover the film’s production costs, and once the film is delivered, the $5 million from distributors is used to pay back the loan, with any remaining balance going to the production company.
Advantages of Pre-Sales Financing
1. Reduces Financial Risk: By securing revenue before the film is even produced, filmmakers can reduce their financial risk.
2. Improves Cash Flow: Pre-sales agreements can be converted into cash upfront through loans, allowing production to begin sooner.
3. Validation of Market Demand: If multiple distributors are interested in pre-buying a film, it’s a positive sign of market demand, which can attract additional investors.
4. No Equity Dilution: Unlike equity financing, pre-sales do not require giving up ownership in the film, allowing producers to retain control.
Disadvantages and Challenges
1. Revenue Limits: Selling rights upfront may limit the potential upside if the film becomes a hit. The pre-sales amounts are usually fixed and don’t reflect the film’s actual box office performance.
2. Complex Negotiations: Pre-sales agreements require legal expertise to negotiate, as they often involve complex terms regarding distribution windows, territories, and exclusivity.
3. Quality Assurance: Distributors might demand changes to the script, cast, or other elements to align with their market’s preferences, potentially affecting the creative direction of the film.
4. Risk of Delivery: If the film fails to meet the agreed delivery terms (e.g., quality, format, or deadline), distributors might refuse to pay, putting the production at risk of defaulting on loans.
Requirements for Pre-Sales Financing
Marketable Package: Having recognizable talent (cast, director) and a strong script is crucial to attracting distributors willing to pre-buy rights.
Sales Agents: Filmmakers often work with sales agents who specialize in negotiating pre-sales deals and leveraging industry connections.
Completion Bond: Lenders may require a completion bond (a type of insurance) to ensure the film will be finished on time and on budget.
Proven Track Record: Distributors are more likely to commit to pre-sales if the producers have a history of delivering successful films.
Practical Tips for Filmmakers
1. Target Specific Markets: Tailor the film package to appeal to distributors in specific regions or platforms that are most likely to be interested in the content.
2. Leverage Sales Agents: Experienced sales agents can secure better pre-sales deals and access international markets more effectively.
3. Plan for Distribution Windows: Carefully structure the pre-sales agreements to avoid conflicts between different distribution windows (e.g., theatrical, streaming, DVD).
4. Diversify Financing Sources: Use pre-sales financing in combination with other funding methods (like tax credits, equity, or GAP financing) to minimize risk.
Summary
Pre-sales financing is a powerful tool in the film industry, allowing filmmakers to reduce upfront financial risk by securing future revenues before production begins. However, it requires careful planning, strong market knowledge, and skillful negotiation to maximize its benefits. When used effectively, it can provide a significant portion of a film’s budget, making it a cornerstone of independent film financing.