Select Committee on Culture, Media and Sport Minutes of Evidence


Memorandum submitted by Mr Michael Kuhn

MARKETING AND DISTRIBUTION IS WHAT WE AIN'T GOT

  1.  There is one obstacle preventing the establishment of a sustainable British Film Industry (such an industry does not exist currently and has not existed in the past 50 years). That obstacle is our lack of control of the marketing and distribution of British films throughout the majority of those 15-20 countries which produce in excess of 80% of the industry revenues.

  2.  By British Film Industry, I mean an industry defined as British not so much by the nationality of the films it makes as by where the heart and mind of the "green lighting" power resides. If the latter resides in the UK, in due course films reflecting the culture and identity of the UK will be produced. Not by legislative decree, copyright law, tax law or similar but natural consequence of the greenlighter's residence.

  3.  Alan Parker said that we need "distribution led companies to carve out a British share of the $60 billion world market"

  It's a sentiment that instinctively one feels is right but it raises tricky issues when one tries to translate it into practical application.

THE DISTRIBUTION SECTOR IN THE UK

  4.  While it is true that there are no long term, very well capitalized British distributors who can rely on a constant supply of mainstream movies, it is unlikely that intervention by Government will change this. The reason is:

    —  Government cannot procure sufficient capital that is raised to supply mainstream films for distribution on terms competitive with US studios for UK distributors.

    —  Almost any UK film with commercial prospects is already subject to fierce bidding from a multitude of well-managed UK independent distributors with excellent marketing prowess (eg Entertainment, Helkon, Momentum, Pathé etc . . .)

  It's difficult to see what could be done in distribution in the UK that would have a significant impact.

NORTH AMERICA

  5.  Here I think something could be done. In simple terms a problem that faces an independent production of a $10 million British film with commercial aspirations, is that although a combination of non-US and US values in aggregate should be sufficient to cover the cost of such a movie, there is one big obstacle to allow this to happen—the large amount of P&A required in North America to access the North American values. Here's what I mean in very simple terms:

  
  
  
$million
Negative Cost
  
  
(10)
Sale and Leaseback (say, 12%)
  
1.2
  
Int. Sale Gross
6.0
  
  
Less Sales Fee at 10%
0.6
  
  
Less Market Costs
0.1
  
  
  
5.3
5.3
  
  
  
6.5
6.5
Banking charges etc for discounting Sales Figures
  
  
(2.0)
  
  
  
(5.5)



North American Value
  $million
  
US Box Office 10m
  
  
(Rentals at 40%—25%
Distribution Fee)
3
  
Home Video
  
  
100K Unit x $25 net
1.9
  
TV
1.0
  
  
5.9
5.9
Margin excluding P&A
  
0.4


  I have assumed for these purposes the P&A would be a "wash". In any event one can see that from a studio's point of view there is some availability of distributors margins to cover the downside risk on the P&A.

  However, in general these US values cannot be released to help secure funding of UK independent production because of a perceived P&A risk in North America. This is particularly true with the "Classics" divisions of studios and independent distribution community.

  My proposition is that if there were an ECGD type support available to British productions at packaging stage, this would help get movies made at little risk.

COUNTRIES OUTSIDE NORTH AMERICA

  6.  This is slightly more complex to explain.

  In several major territories (currently Germany, France, Spain, Italy) there is extreme market "softness". While the identity of the market changes it is a recurrent problem.

  The Studios and their international operations deal with this situation by a "smoothing process" so that they either achieve prices they want or bank product until they can achieve these prices.

  7.  My suggestion would be that the Film Council set up an international distribution operation that would have arrangements with several foreign national distribution companies to support those national distributors in buying rights from UK producers for films that they are keen on but can't pay for because of temporary local softness in the market.

  8.  This support would vary depending on the market. It could, for example, be the acquisition of TV rights to build up a package for future liquidation. It could be a catalyst for joint buying for video replication in several territories to benefit the video bottom line.

  This would not compete with what British based foreign sales companies do. It would help UK producers finance their films. It would build up expertise in the management of this new unit that would be invaluable. It would begin the process of building a powerful distribution entity for our filmmakers.

  9.  This proposal will in due course build continuity in the production sector and an expertise in the distribution sector from which it will be possible to grow step by step an international distribution mechanism which is essential to having a sustainable UK film industry. Let me give you a small example of why we cannot hope to attract serious financial investor without it:

    —  Take a small film (similar to one I recently produced called "Wondrous Oblivion") which cost about £4 million. Let us assume it performs very well in world markets and takes £50 million at the box office. This would generate for a studio set up, like a Hollywood one, about £33 million in profit (see Schedule "A" below). The importance of this result is not so much in its singularity but rather in the following; let us assume that it is one film in a "slate" of 10 similar films. Further assume that the other nine films are failures and lose an average £2 million per picture. For a studio the slate would still be profitable (to the tune of £12 million or so). However if funded in typical British fashion the nine failures would still have lost in excess of £18 million but the successful movie (assuming the producer is accounted a 25% net profit share) will only make £8.25 million and the slate will therefore show a loss of £9.75 million (minus £18 million plus £9.75 million).

  This is on the same performance level of the identical slate.

  10.  To me this has always seemed the simplest notion to grasp, but I have singularly failed in having people understand it to the point of action in this country. Distribution margins are key to establishing a successful sustainable industry and little serious attention is paid to getting our Film Industry on that road.



 
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