Legal scalesLegal Q & A for April 2005

This article is used by permission of Mark Litwak, Esq. and is taken from www.marklitwak.com.

Film Festivals
Part II

By Mark Litwak, Attorney at Law

In my last column I discussed the importance of film festivals to attract the attention of distributors, and how the Sundance Film Festival has become an important part of the independent film world. In this column I will review several other important festivals.

Slamdance

Slamdance was established in 1995 by several disgruntled filmmakers who decided to launch their own festival after being rejected by Sundance. They called their festival “Slamdance 95, Anarchy in Utah — The First Annual Guerilla International Film Festival,” with the motto: “By Filmmakers, For Filmmakers.” The festival takes place in Park City at the same time as the Sundance festival. Most years the festival has exhibited its films at the Treasure Mountain Inn in makeshift theaters that are barely tolerable. While the films vary widely in quality, some agents and distributors do attend the screenings. In 2005 the opening night movie MAD HOT BALLROOM was sold to Paramount Classics, and another film, ILL FATED, was picked up by THINKFilm, a distributor based in Canada.

Telluride

This is a film lover’s festival. Films are selected solely on artistic merit. It does not matter if the films are independently made or major studio fare. Telluride is not obsessed with premieres, although there are many. The goal is just to show great films. The festival does not attempt to be a publicity event. While the media are allowed to attend, they must purchase a pass like everyone else. This greatly reduces their presence. Indeed, paparazzi are discouraged. Many movie stars and directors attend, and they appreciate the fact that they can stroll about town without a dozen photographers in their face.

This is a very well-organized event. You can buy a pass for $650 that provides admission to all events, including the Opening Night Feed and Labor Day Picnic, and admission to any screening just by showing up 30 minutes before show time. Numbers are passed out so you do not have to remain in line to maintain your place. You can sit at a nearby cafe and sip a cappuccino until it is time to enter the theater. Popular movies are scheduled for additional screenings. The venues are all within easy walking distance of the hospitality center. Badges are mailed weeks before, so you do not have to wait in long lines to register.

Unlike most festivals, the films that are shown at Telluride are not announced beforehand. Participants show up on the strength of the festival’s reputation for selecting interesting films. Telluride has a great track record for picking pictures that have gone on to receive critical acclaim.

Telluride itself is a charming town, and the residents and festival staff are cheerful and helpful. You really feel welcome here. Indeed, the town closes down the main thoroughfare for the opening night food feed. Of course, with only 5000 participants, this festival does not have to deal with the overwhelming logistical problems Sundance confronts.

Cannes

This is one of the most glamorous, and perhaps the most important festival in the world. It takes place on the French Riviera in May and is the occasion for numerous parties and gala premieres. The French take film very seriously, and this is one of the few festivals for which you should bring a tuxedo or formal gown. In the evening, stars walk up a red carpet while the photographers snap their pictures.

The festival is divided into sections. The main competition and Un Certain Regard operate under the auspices of the official festival. Two important sidebars are the films in the Director’s Fortnight, which are selected by the Société des Réalisateurs de Films (Film Directors’ Society), and the films shown in the Semaine de la Critique (French Critics’ Week) which are selected by the Syndicat Français de la Critique de Cinéma (French Union of Movie Critics). There are relatively few U.S. films. Those selected tend to be independent films from favored auteurs and a few major studio features accompanied by big stars. The programmers favor diversity and will program a mediocre Mongolian film rather than another solid American one.

The Cannes market runs alongside the festival. The market is comprised of distributors conducting business from booths in the Palais (the exhibit hall), or hotel rooms on the Croisette (the seafront main road). While the festival focuses on the art of film, the market is mostly commerce, and the films exhibited tend to be quite different from those in the festival.

Berlin

Of the major European festivals, the Berlin International Film Festival (the Berlinale) is the most arty. Berlin does not have the glitz and glamour of Cannes, nor the heritage of the Venice Film Festival, but it is a very important event, especially for art-house fare. 3500 journalists from 70 countries attend. The European Film Market runs alongside the festival, providing an opportunity for buyers and sellers to conduct business. With AFM recently vacating its February slot to move to the fall, and with Cannes in May, attendance at the Berlinale has soared.

Toronto

Toronto is generally considered the top Canadian festival and one of the most important North American festivals. It has become a critical venue for acquisition executives, and many films are screened. There are separate industry/press screenings, and the festival is accommodating to independent filmmakers as well as industry bigwigs. This is a well-organized event that offers a wide variety of fare as well as seminars and roundtable discussions. Screenings are attended by enthusiastic audiences in this cosmopolitan city known for its film fans.

—Mark Litwak (www.marklitwak.com)

Mark Litwak is a veteran entertainment attorney and Producer’s Rep based in Beverly Hills, California. He is the author of six books including: Reel Power: The Struggle for Influence and Success in the New Hollywood, Dealmaking in the Film and Television Industry, Contracts for the Film and Television Industry, and the recently published Risky Business: Financing and Distributing Independent Film. He is the author of the CD-ROM program Movie Magic Contracts, and the creator of the Entertainment Law Resources website at www.marklitwak.com. He can be reached at law@marklitwak.com.

Disclaimer-Any material sent to or provided by Mark Litwak is for illustrative and educational purposes only and should not be relied upon as legal advice, or be considered confidential or the basis of an attorney client relationship.  This material may not be suitable for your particular situation and different legal advice may be appropriate depending on your jurisdiction or circumstances. Therefore, you should not rely on this material, or any part of it, without the advice of competent legal counsel.

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