13
Other People's Money: Them That Has the Gold Makes Some of the Rules

Raising money for a movie is like hitchhiking—It could be the first ride, it could the thousandth. But you have to stay out there with your thumb out and just wait. And you also have to know when not to get into the car.

—JOHN SAYLES DIRECTOR

There are almost as many answers to what investors expect as there are investors. Whether individuals, companies, or nonprofit organization and no matter where they are in the world, each has their own criteria and idiosyncrasies. Specific customs of relating to individuals and doing business may be different from country to country, but investors are similar in terms of their goals. Since the business plan is a sales (not a legal) document, it is your job to learn as much as you can about your potential “customers” and focus on their needs.

How Do You Find An Investor?

The Sayles quote always has been one of my favorites, as it emphasizes that you may find your money immediately or it may take a very long time. If investors all were similar and lived in the same place, I wouldn’t tell you where that place was. I’d be a very rich person funding films. Even finders—people who find money for films for a living—will tell you that it isn’t easy. If a finder promises the money or insists on money upfront, you may want to move on to someone else.

While many filmmakers go to Los Angeles or New York to seek equity investors, they find that others are throwing business plans at people in those two centers of commerce every day. Any potential investors in those towns already have been approached by too many friends and neighbors. If you are from Fort Wayne (IN), Hibbing (MN), or Cincinnati (OH), my advice is to go back home. You have more connections there and, hopefully, less competition from other filmmakers.

What do they Want?

Artistic Expression

Some investors are drawn to films that have more literary qualities than mainstream films. The definition of “literary” is in the eyes of the beholder. We used to call these art films, but specialty is a better term. Normally, the term is assigned to films that appear to be based on a higher level of expression and writing. Or they are experimental.

You should make an attempt to create realistic expectations for both you and your investor. If you are lucky, his desire to be associated with quality will outweigh the high return he wants for his investment. On the other hand, if he cannot afford more money and does not want to join with additional investors, move on. Put your energy into finding partners whose outlook and resources are a match for your project.

Filmmakers still tell me (and the investor) that their film is “just like” Merchant-Ivory’s A Room with a View. It still is held as an example of an artistic film. After all, it is based on a novel by E. M. Forster. Unfortunately, they want to make it at 1986 prices ($850,000) and reap the box office of The Help ($213 million worldwide). The budget of The Help was $25 million. Your rationale may sound good to the investor, but it isn’t a good portrayal of the real market for your film.

Special Interests

If you can find an investor whose sensibilities agree with the theme of your film, you may be able to create a workable collaboration. If your story takes place in Western Texas, then a good choice is to go to people in that area first. Other projects are funded by individuals, because it emphasizes a hobby or passion of theirs. As I mentioned in a previous chapter, many sports figures have become fascinated with film. Currently, I have several clients with football-, baseball-, or soccer-themed films. The first contacts they are making are with players and owners of teams.

The line between business and altruism can be a thin one. Still, few people will become involved in a feature film without considering its commercial possibilities. Jeff Skoll, for example, who was the first President of eBay and named the wealthiest Canadian by Forbes, formed Participant Media to make films on current social and political topics with the express purpose of inspiring social change. In many cases, the company even co-distributes with its focus on social media. The company still looks at the viability of the project beyond its societal interests.

Nonprofit organizations have funded all or part of for-profit films that fit with their particular mandate. The increase in the success of inspirational films with themes of good versus evil and redemption has brought more charity-based religious and nondenominational organizations into the market. Having been involved with writing several business plans for filmmakers who were seeking money from such organizations, I can assure you that most look at the project as a whole not only as their special interest.

Big Returns

People do invest in films with the primary purpose of making money. Independent films that are more mainstream in terms of story and demographic appeal are likely to appeal to investors to whom a big pay day is the biggest attraction about putting their money into film. Like a gambler in Vegas, this type of investor is playing the odds. As a matter of fact, several well-known poker players have become investors in films.

Pitching your Project

The "Elevator" Pitch

In a seminar, a filmmaker asked me what kind of pitch you do if you are not in an elevator. The term elevator pitch is not meant to be taken literally. The idea is that you may be in a social or networking gathering, or indeed in an elevator going from the first to second floor,” and have 30 to 45 seconds to attract interest. You are at AFM. You and Ryan Kavanaugh, founder of Relativity Media, are the only people in the elevator. Or you are waiting for the valet to bring your car around after a film seminar, and Mr. Local Mogul is standing next to you. What will you say?

Plan now. Don’t wait until you are in the elevator or standing on the curb to think of something. Develop and rehearse it. Try it out on other people. You want to make a good impression, as well as create interest. In terms of the business plan, it is also the logline that you will put in the Executive Summary. This does not mean things like “It is Avatar meets Juno.” You want a well-honed sentence or two that summarizes the idea of your film in a way that will make the investor want to speak or read further.

At the most basic level, an elevator pitch is a sales tool that helps you get the meeting you get the investor immediately interested in your film. Avoid the cookie cutter “insert your name here” templates that you’ll find on the Internet. You want your pitch to stand out and be unique. On the other hand, the listener has to understand what you are talking about. Make it both sensational and simple at the same time. Make it concise, clear, and very short.

Below are two examples used by clients who raised money for their films in the last year. They show the difference between an elevator pitch and a synopsis.

Elevator pitch: The Kogi tribe of South America wants the world to know that if humanity doesn’t stop digging into Earth and taking its minerals and resources, the planet will die.

Short synopsis: Modern, scientific, rational people don’t believe it, of course, but now the contemporary descendents of an advanced ancient civilization want to demonstrate that they really do have such knowledge. Members of the Kogi tribe, living in South America primarily in Colombia, are coming forward to prove their wisdom is sound, and to share their knowledge, because they sincerely believe it is the key for mankind’s survival. They believe that man’s ignorance about how to live in balance with nature is precipitating an environmental apocalypse that cannot be avoided unless humans learn to understand the natural world in a fundamentally new way. [From the documentary feature Aluna, directed by Alan Ereira]

Elevator pitch: Simon, a scientist who has come to Mexico to develop an important breakthrough, takes refuge in an orphanage under siege when local authorities and organized crime try to seize control of his mysterious invention.

Short synopsis: Simon Orwell is a brilliant student whose life has taken a series of wrong turns. At the point of giving up on his dreams, he gets a call from an old professor who has discovered a breakthrough in a device that would create unlimited energy, and he needs Simon’s help. But the professor is killed and Simon assaulted by members of a powerful drug cartel. He takes refuge in a local orphanage where he meets Harold Finch, who walked away from a lucrative career with NASA and consulting Fortune 500 companies to serve a higher cause. With Harold’s help, Simon sets out on a quest to uncover who killed the professor and why, but in the process discovers the secret to both the world-changing device and his own unlimited potential. [From the feature Unlimited, directed by Nathan Frankowski]

Filmmakers Share their Investor Experiences

Getting in front of the right people, successfully communicating your vision and getting them to buy into it is the big hurdle. Then, it’s a crap shoot as to whether they decide to go for it or not.

—Student from my UCLA class

I asked a group of filmmakers, including both my clients and others, to relate their experiences when raising money from equity investors. The participants included Joslyn Barnes, Co-Founder of Louverture Films with Danny Glover; Tony Whalen, Canadian Producer, All the Wrong Reasons; Joel Eisenberg and Tim Owens, EMO Films; Patricia Payne, NoHo Films International; April Wade, Woman On Top Productions; and Jay Spain, Producer, Moving Midway.

LL: What are the top questions that investors asked? Joslyn: Who’s in the film fr om a talent standpoint? How are you going to get my money back and when? More recently we’ve been getting sophisticated questions about soft monies, tax incentives, and various gap and super gap lending frameworks. Investors are quite savvy that their equity participation is a hard thing to find at this time, and therefore equity financing is becoming more expensive.

Tony: The top questions from investors were (1) Who wrote the script?; (2) Who’s directing the film?; (3) Are there any cast attached?; (4) Who’s producing the film?; (5) Is there any funding already in place?; and (6) What have the writer, director, and producers worked on previously?

Joel and Tim: Our potential investors didn’t know what questions to ask. Since they had already worked with Tim in real estate investing, they had a comfort level with him and his advice. As experienced investors, however, they wanted to know all the risks. Joel spoke several times about studio films and independent films. He did general education about film and the entertainment industry being sure they knew all the risks in independent film. He also told them there were several thousand films a year that don’t get any distribution, and the worst-case scenario that they might not make any money.

Patricia: Who are the actors? Who is the director? Have your previous projects made money for investors? Give me reasons why I’d want to invest in films. Why do you want to make this film? Who is your audience? Do you have a distributor? They also ask about what type tax write-off or benefits they will get; will there be any income generated from the project and when will it start and how much to expect. Is there information available to substantiate their backgrounds? Is there a prospectus and material supporting this project, and is it currently available? As an investor, do I get the first right of refusal on any subsequent projects? Would there be a role for my daughter/son/wife?

April: These are basic, but they are pretty much the only questions I get asked when looking for money: Who is in it? Who is directing it? Where are you shooting? They don’t ask me about myself, and they ask about the movie only generally. I find that with the one that I am currently working on getting funded, they have a lot of specific questions about the mood of the piece, since it is a “non-traditional rock-film” about a very dark topic. Otherwise, “who is the audience,” “what are your plans for distribution,” etc. has not really been asked of me yet.

Jay: Most of our investors are North Carolinians. Moving Midway had tremendous local appeal to them. They either knew the family or wanted to participate in history, or both. Having said that, the questions we got most were: How much money do you need? How much have you raised so far? Who else has invested? How much did this or that person invest? During the first round of fundraising, we told everyone we had a business plan—with, of course, your credentials, the limited liability company (LLC) paperwork, and who our attorney was. I know a few of them read the paperwork, but I don’t think most did. Only a few asked about return on investment. I don’t think most cared. One of them told me that he thought it was just the right thing to do. Otherwise, there were a lot of reasons: the Academy Award potential, preserving history, education, and race relations. There were a lot of reasons that were not about making money. I think our biggest investor did it mainly for the arts. During the second round of fund-raising after we asked you to update the plan, more people read it and commented. Most of the questions then were making sure they understood what was there. Between the plan and the LLC and the distribution deals, I feel like I got an Entertainment Law degree. [LL: As happens in many documentaries, events prevented finishing the project in the original timeframe planned; therefore, we updated the financial tables.]

LL: Is there a difference between U.S. and Canadian/European/ Asian investors?

Joslyn: Yes, mainly it is the expectations that are quite different. U.S. investors expect to recoup against all world sales on a pro rata pari passu basis, and expect to be in first position behind only the standard P&A expenditures, sales fees, and taxes. They also expect a premium on their investment upfront and to see their names prominently displayed in the credits. European investors expect to recoup against specific territories and are used to international co-productions with many producing partners. There does not seem to be as much of an emphasis on personal credits, though there are arguably many people interested in being involved with quality, prestige vehicles, red carpet opportunities, and networking with film stars. This last applies to the United States, as well. The other significant difference is the approach to content. European and American investors and filmmakers have cultivated different tastes and audience bases over the decades. Europeans are used to auteur-driven filmmaking as much as they can also appreciate a Hollywood blockbuster. I don’t think the reverse can be said of Americans, and American audiences are notoriously allergic to subtitles and dubbing—English-language rules, despite emerging successes in the Spanish-language market, which is finding its clout. As a result, U.S. investors tend to shy away from foreign films. And the American indie market, with its white bourgeois male twenty- to thirty-something bias, has also shrunk dramatically. On the doc side, you will find engaged U.S. equity investors ready to put up monies for issues they sincerely care about if they feel the films have a chance of being distributed/seen. In Europe, equity investors for docs are extremely rare, as most docs are for broadcast and funded via broadcast networks and the many soft monies available to filmmakers in Europe. U.S. filmmakers do not have access to as much soft money, few foundations support film at a level that really makes a difference, and those that do tend to fund at the seed stage or the outreach stage rather than to fund production itself. This is actually I think a smart approach given the limited funding available and the demonstrable need; but the lack of soft money in general in the United States to support the arts is egregious and frankly outrageous when compared with other industrialized nations.

Tony: I can speak to the difference with Canadian investors. Basically, most Canadian independent films are financed with public funds. In our case, 80 percent of the funding comes from federal and/or provincial government entities. The only money that was raised outside Canada for us came from our U.S. sales agent.

LL: How did you find your investors?

Joslyn: When we launched our company we were quite clear about our intentions, and we have been fortunate to work with producer colleagues and superb filmmakers who have realized those intentions successfully. We have been able to attract investors as a result. We are of course in a privileged position as Mr. Glover is a well-known and well-respected film star, so it has been easier to navigate the usual channels of social networking than would likely have been the case otherwise. The key, however, has been building a brand, and we have done that through clarity of intent, adhering to certain principles, and sheer sweat equity!

Tony: The film has been in development for a few years, and we were able to secure development funding along the way from Telefilm Canada, New Brunswick Film, and Astral’s Harold Greenberg Fund. Those three funding sources served as the starting point. From there, we were able to get equity from our home province of New Brunswick. We were also able to include tax credits from the provinces of New Brunswick and Nova Scotia. We went on to secure pre-buys from two broadcasters in Canada (TMN & Movie Central), which were taken to our Canadian distributor for an advance. Our Canadian distributor was affiliated with a U.S. sales agent, who they came onboard with another advance. All of this funding was included in our application to Telefilm Canada for production funding, and we were successful in receiving that. The final piece of the puzzle to close out our funding was a producer investment. The final investment percentages of our production budget (just over $1 million) were Telefilm Canada Equity, 39 percent; Nova Scotia Tax Credits, 22 percent; Distributor Pacific Northwest Pictures Advance, 9 percent; Province of New Brunswick Equity, 9 percent; Province of New Brunswick Tax Credits, 6 percent; International Sales Agent Myriad Pictures Advance, 5 percent; Government of Canada Tax Credits, 4 percent; Producer Investment, 4 percent; and Astra’s Harold Greenberg Fund Investment, 1 percent.

Joel and Tim: We didn’t solicit investors at the group. The first person who put money in came up to us after the meeting. That led to another and to another, etc.

Patricia: That’s a difficult one for me to be specific. Having been in the industry for many years working in several countries, I have gathered contacts both in and out of the film industry. I never ask a relative or friend to invest in my own projects. It’s been doctors, dentists, real estate developers, hoteliers, actors/estate agents, government film agencies, an advertising company, commercial radio, and television stations. I also have approached banks for gap financing. There were professional fundraisers at a brokerage firm (in Australia) where I worked some time ago who raised several million dollars for me from 147 investors. In the latter deal, there were a few substantial investors seeking a tax break and many smaller investors along for the ride and a tax break. However, the tax structure has changed in Australia since this project was funded. They didn’t solicit investors at the group.

Jay: Our investors were mostly friends of the Executive Producer, Bernie Reeves, or Godfrey’s (Cheshire, the Director), or mine. Many also came in by word of mouth from our investors. Each had to have a net worth of $1 million minimum. We did have some donations also through our fiscal sponsor, the Southern Documentary Fund in Durham.

LL: What suggestions do you want to make to filmmakers in approaching investors?

Joslyn: Do your due diligence. Make sure that your project is sound. Do you have a great script, a feasible production schedule, and an accurate budget? Do you have people with the necessary talent and skills to execute your project at a professional level? Are you sure of your financial model insofar as possible? Have you tested your sales estimates? Have you vetted your investors? Are you 100 percent sure they are for real? Do they have the monies they say they do? What is their reputation? Have they worked in film before or not? What business do they work in? Seek investors with common interests and goals to your own so that expectations at all levels dovetail. Most people in a position to invest monies in films have made those monies because they are quite savvy businesspeople. In our experience, such investors appreciate down-to-earth, informed presentations where risk is laid out honestly alongside efforts to mitigate that risk. You may need to educate them about the film business and the kind of flexible mindset it requires. Build long-term relationships. Don’t focus on short-term quick fixes. If you burn through investors, you are not helping anyone, including yourself. Building long-term relationships implies honesty, respect, transparency, delivery, and accountability.

Tony: My suggestions would be to put together a detailed business plan that includes:

  • Backgrounds of the writer, director, and producers (and samples of previous work)
  • A list of attached cast with backgrounds
  • A director's vision
  • A detailed distribution and marketing plan

Joel and Tim: You have to know what you are doing or work with someone who understands and can explain the business and marketing of film. Before we took any money, we had an operating agreement for our LLC and a private placement with subscription docs. We also decided to become investors by leaving our finder’s fees for raising the money in the film. [LL: As executive producers, they raised the money for April Showers, a film that April Wade produced. It is coincidental, however, that I have answers from all three. Patricia, who has known her for a long time, asked her to participate in this section.]

Patricia: Know your stuff, and be able to present it cogently. Many potential investors invest for a living or a tax break. The filmmaker’s responses should be substantial and relevant; your enthusiasm for the project should be coherent. It helps to have name actors, a director with some experience, and personnel— creative and production—on board who have track records. Not only do these people help get the film finished but also they are pitch points up front when raising money. Less detail about the script itself is better, as it often loses something in the telling particularly to nonindustry folk. Just hit the main pitch points and know them backward. If the investors want to know more about the script, they’ll ask. Other potential investors may be real estate developers, doctors, dentists, or a neighbor. Many of these folks don’t know much about the film or television industry other than viewing the finished product. Be prepared to explain the project and the deal in terms each individual can understand. When dealing with tax incentives, you are dealing with governments and taxpayer funds. Film commissions need to answer to their state or federal government as to why this production and investment is worthwhile for their state or country. All government agencies want to see the merit of investing taxpayer dollars, and they want all the reassurance they can get.

Jay: Three words: DO YOUR HOMEWORK!

Communicating Effectively

The biggest problem with communication is the illusion that it has taken place.

—George Bernard Shaw

No matter how great your film project is, you may be unable to gain your goal—raising the money—unless you can communicate well with others. When you have a meeting, you think that the goal is to get money for your film. It is actually to communicate with the other person. Communication is a two-way street. You need to understand and think about what the other person is saying, in addition to how you are going to explain your project. Go in with a plan, but let the other person go first. You will probably give your short pitch first, but I advise letting the other person be first to speak about a potential deal. There may be a counter proposal you can make, rather than having the meeting end abruptly. Here are a few suggestions to aid your meeting style:

  1. Don’t interrupt: Let the other person finish what they are saying before you speak. I’ll admit that one of my failings with clients is to interrupt due to my “psychic ability” to know what they are going to say next. Even if I am right, the rudeness tends to put people off.
  2. Take a breath before speaking: Think about what you have just heard. It lets your investor know that you are taking what she said seriously; or, alternatively, gives you time to form a reply. This comment applies to serious conversation, not if the other person merely says “hello,” or asks if you would like coffee or water.
  3. Observe nonverbal cues from their mannerisms, tone of voice, gestures, and so on. At the same time, try to be aware of your own. Are you relaxed and smiling? Try nodding once in a while to show you understand what they are saying. Of course, be sure you do understand.

What They Say and What You Hear

A wise old owl sat on an oak, the more he saw the less he spoke. The less he spoke the more he heard. Why aren’t we like that wise old bird?

—Edward H. Richards

Why am I quoting a nursery rhyme? No matter how old we get, we often seem to forget the art of listening to what other people are saying. Or to be more exact, we think we are listening but don’t really hear what the other person is saying. It is the same whether it is an equity investor, the executive at a big production company, or a teacher in the classroom.

What they say: It is an interesting script, but not the kind of project with which I want to be involved.

What you hear: He will give me the money if I rewrite the script and have Jennifer Lawrence, Bradley Cooper, and Johnny Depp in it

(Go on to the next potential investor. Unless he says anything after that sentence, don’t spin your wheels.)

What they say: I’ve got $100,000 for development. Why don’t you start pre-production, and we’ll negotiate later.

What you hear: It’s a done deal.

(It is a done deal when you have a signed agreement, and the cash is in the bank. Do not go forward until then.)

What they say: I’ve signed the agreement you gave me, and here is a check for $4 million.

(You heard correctly. As soon as that check cashes, happy filming!)

What you hear: It’s done deal.

There are many good websites devoted to this subject. I suggest an hour browsing the Internet. In addition, have someone with business experience who can advise you. It is often difficult to be objective and separate reality from fiction.

Common Sense Is More Important Than Rules

The variety of possible conversations is too broad to make a lot of hard-and-fast rules for you to follow. That gets us back to the sticky point that the desire to raise the money for your film may chase all rational thinking out the door. As with the filmmaker’s experiences mentioned earlier, I would rather offer observations:

  1. If an investor asks a simple question, give a simple answer. For example, if you are asked the total budget number, just say it. You’ll have plenty of time to go into other items in your pitch. A client was asked the budget of a film four times. She talked about all the wonderful qualities of the film but didn’t answer his question for 30 minutes. He finally ended the meeting.
  2. What not to say is almost as important as what to say. Don’t be the first to bring up negative news reports. On the other hand, be ready with a response to items that you know have been in the news. If someone has heard that statement and asks you, agree that there is no guarantee that a film will make money. Then go into a short explanation of your financials.
  3. Although you are a salesperson in this instance, the motto that “No is only an opportunity” usually doesn’t apply in this situation. Sometimes no means no. Thank the person for their time and leave. Later you can assess how the meeting went. You may find better ways to present your material. Then you can choose whether to go back to that person or apply your new knowledge at the next appointment.
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