Film Industry Research Questions

Patterns of Bias

The Motion Picture Industry Reform book's companion volumes Patterns of Bias in Motion Picture Content, Motion Picture Biographies and A Study in Motion Picture Propaganda all set forth persuasive evidence that the whole body of Hollywood films are biased consistent with the interests, values, cultural perspectives and prejudices of the Hollywood control group. Additional research in this area may confirm or conflict with that assertion.

Consistent Portrayals--Do Hollywood motion pictures demonstrate any pattern of bias through the consistent favorable or unfavorable portrayals of, for example, African-Americans, Latinos, women, gays\lesbians, Arabs or Arab-Americans, Asians or Asian-Americans, Native Americans, Christians, Muslims, regional populations in the U.S. (i.e., the American South), certain religious groups or others?

Positive Portrayals--How many examples of fully positive portrayals of White Southerners, Christians or Arabs can you find in Hollywood major studio releases?

Movie Villain Study--The rather informal study of villains in American movies discussed earlier in Patterns of Bias in Motion Picture Content may not have used satisfactory social science methodology. Thus, it is offered as a way of encouraging others in the industry or in the academic community to conduct more formal studies on this same subject. For example, persons conducting such a study may want to limit the movies studied to those released by the major studio/distributors since those are the movies seen by the vast majority of people in the U.S. and around the world. The study may want to further segregate the MPAA releases as between those produced by independent producers and those produced by the affiliated MPAA production companies. And of course, the study should be limited to a specific period of time, say the most recent ten year period. As a result, the study should be able to develop a comprehensive list of the various racial, ethnic, cultural or regional populations in order of their occurrence as movie villains. Such a study then may be able to confirm whether such movies actually exhibit a pattern of bias in its negative portrayals, as the above referenced limited survey clearly suggests.

Biopics of Presidents--List all of the U.S. presidents whose biographies have been made into movies. Then determine whether such presidents were liberal or conservative, Republican or Democrat and whether the movies portrayed them in a favorable or negative manner. Conclude whether Hollywood movies contain a bias with respect to which presidents are portrayed in biopics and how they are portrayed.

Film Bias--How many of the Hollywood films during a selected year or other period and containing positive portrayals of Jewish characters were directed by non-Jewish directors, from screenplays written by non-Jewish writers and financed or distributed by companies not controlled by Jewish males of European heritage?

MPAA Films--Conduct a thorough review of all of the movies released by the MPAA companies within a specified time period (e.g., in the early '90s) to determine what percentage of such movies involve or include so-called Jewish stories, sub-plots and themes, or portrayals of Jewish characters. Does Hollywood exhibit a preference for treating such matters more favorably that the similar matters of other religious/cultural groups in the U.S.?

Biopics--List all of the subjects of Hollywood biographies from 1960 through the present (include distributor, year of release, name of director), briefly describe the subjects' backgrounds, then determine whether there is any common theme in a significant number of the biopics, that might suggest why they were chosen as subjects for Hollywood screen biographies (see Custen's Bio/Pics--How Hollywood Constructed Public History and John Cones' Motion Picture Biographies).

Gangster Films--What are the religious, cultural, racial and ethnic characteristics of the gangsters featured in the whole body of Hollywood gangster movies? Does Hollywood have a bias with respect to the gangsters it portrays on the screen?

Once Upon A Time In America: Compare the shorter and longer versions of Sergio Leone's Once Upon A Time in America to determine to what extent, if any, the edits ordered by the film's U.S. distributor were actually designed to de-emphasize the fact that the criminal gang featured in the movie was Jewish.

Schulberg Book--Obtain a copy of What Makes Sammy Run? by Budd Schulberg (a book that provides a very negative portrayal of a Jewish Hollywood studio executive). Determine why this book was never made into a Hollywood movie. Trace the history of efforts to make a movie out of this book. Does this history involve Hollywood favoritism?

Slave Traders/Owners--Who were the merchants and slave traders who brought African slaves to the American South? Provide copies of historical sources which shed light on the answer to this question, and include bibliographical information (see "The Hollywood Spin on Slavery" in A Study in Motion Picture Propaganda). Are Hollywood movie portrayals of slave traders and slave owners consistent with historical fact? If not, in what way do such movie portrayals differ?

Free Speech--Since the First Amendment right of free speech was applied to the motion picture through the 1951 U.S. Supreme Court Burstyn v. Wilson decision, and the Hollywood-based U.S. film industry has claimed its protection against potential censors ever since, doesn't Hollywood's discrimination against many outsider groups amount to a form of denial of free speech or censorship over the opportunities of these outsiders to tell their cultural stories through this important form of communication? Is it fair to say that Hollywood severely limits freedom of speech within the film industry by arbitrarily restricting who gets to express their ideas through this important communication medium?

Ideas--Would it be fair to say that ideas communicated through books, magazines, newspapers, radio, television or the Internet influence human behavior? If so, isn't it unreasonable for anyone to take the position that ideas communicated through films do not influence human behavior?

Movies and Democracy--Research and discuss the relationship between the First Amendment right of free speech, democracy, the marketplace of ideas and motion pictures (see John Cones' speech "The Role of Movies in a Democratic Society").

Movies as Mirrors--Is it fair to say that movies, to a large extent, mirror the values, interests, cultural perspectives and prejudices of their makers? If so, who are the real "makers" of Hollywood films? As a general rule, do we see their backgrounds, interests and perspectives reflected, to some extent, on the screen?

Power to Decide--Who in Hollywood has the power to determine which movies are produced or released by the major studio/distributors, to determine who gets to work on these movies in the top positions and to determine the content of the screenplays that serve as the basis for such movies? Aren't these the real Hollywood film "makers"?

Who Controls Hollywood--What is the most honest, accurate and precise definition of who controls Hollywood?

Authors on Control--What did Hortense Powdermaker, Neal Gabler, Michael Medved, David Prindle, Joel Kotkin, Dan Moldea, Paul Rosenfield and Pierce O'Donnell say about who controls Hollywood? Where they correct? Partially correct? Misleading? Honest? Deceptive?

Discrimination

The Motion Picture Industry Reform book's companion volumes Patterns of Bias in Motion Picture Content, Motion Picture Biographies, A Study in Motion Picture Propaganda and Who Really Controls Hollywood all suggest that many forms of discrimination are rampant in Hollywood.

Nepotism--How extensive is nepotism in Hollywood and what forms does it take? Is nepotism more extensive in the U.S. film industry than in other industries? Has nepotism always been a problem in the Hollywood-based U.S. film industry? Are there any laws that apply to nepotism?

Blacklisting--Develop a detailed history of blacklisting in Hollywood and discuss whether some form of blacklisting still exists in the motion picture industry? Can blacklisting be prevented in an industry structured like the Hollywood-based U.S. film industry? Is it fair to suggest that Hollywood blacklisting was limited to a short period of time in the '40s or '50s and was only associated with the Communist scare of that period? Who was doing the blacklisting?

Studio Executives--Create a list of the top level management of the major studio/distributors throughout the existence of such entities. Provide their titles and term of service, along with copies of any brief biographical material. Analyze their backgrounds with respect to sex, (male/female), race and religious/cultural heritage. Determine whether readily identifiable hiring patterns exist and if such patterns constitute evidence of discrimination at the highest levels in Hollywood?

Female Executives--Compare the professional careers and other characteristics of these relative few female studio executives (e.g., Sherry Lansing, Dawn Steel, Lucy Fisher, Paula Weinstein) and others who may have reached similar levels in the film industry (high level studio executives) to determine if there are any similar patterns of discrimination against women in Hollywood. Also, determine how long each stayed in their positions and why they left. What do they each have in common?

Immigrant Bias--Estimate the number of film jobs that have been given to immigrants by U.S. film companies over the years. Has the Hollywood-based U.S. film industry exhibited favoritism towards immigrants throughout its history?

Jewish Actors--In examining the lists of films in which Jewish and non-Jewish actors and actresses have starred, as those lists appear in the Katz Film Encyclopedia, is it fair to observe that the Jewish actors and actresses have appeared in many more films on average than non-Jewish performers?

Preferential Treatment--Create a list of films produced and/or released by the Hollywood major studio/distributors during any given period of time and determine who served as the director for each those films. Determine the religious/cultural background for each director. Does this information seem to suggest that a preference is being given to Jewish directors? Do a similar study for screenwriters and/or producers.

RKO Directors--Develop a list of all of the film directors who directed films for RKO during the time that Howard Hughes owned the studio. Then determine how many of those directors went on to have successful directing careers at other major studios after Hughes sold his interest in RKO. Also, consider whether those directors were actively sought as directors of other major studio/distributor films while Hughes was still at RKO and, if possible, determine whether their salaries were significantly higher at RKO than at other studios. In other words, does the pattern fit the suggested Hollywood scam relating to the consistent treatment Hollywood of outsiders (see "The Hollywood Outsiders" in How the Movie Wars Were Won). In other words, does the evidence suggest that the directors who associated with the Hollywood outsider Howard Hughes were discriminated against by the rest of the Hollywood community?

The Anti-Semitic Sword--Determine which Hollywood outsiders have been labeled as "anti-Semitic" over the years (e.g., D.W. Griffith, Joseph P. Kennedy, Howard Hughes, William Randolph Hearst, Kirk Kerkorian, Ted Turner, Rupert Murdoch and so forth) and determine to the extent possible whether such serious charges were warranted. Also, determine to what extent, if any, such charges are sometimes used as a sword to inflict damage to the reputation and credibility of persons who are critical of the Hollywood establishment (see "The Anti-Semitic Sword" in How the Movie Wars Were Won). Is the so-called anti-Semitic sword tactic regularly used against film industry critics?

Free Market---Is it fair to say that the Hollywood-based U.S. film industry is neither a free market, nor a level playing field, nor is it based on merit?

Financing

In order to appreciate that in Hollywood filmmaking creative controlfollows financial control, it is important to develop an understanding of how films are financed.

Major Studio Financiers--When a major studio/distributor acts like a bank, (i.e., loans production money for a film and charges interest), why shouldn't it have to abide by the same or similar rules that regulate the activities of banks? For example, should the major studio/distributor or any other distributor be allowed to (1) charge interest in addition to reserving a profit participation, (2) charge interest rates that would be considered excessive for a bank, (3) charge interest on advances, (4) charge interest on monies not yet spent, (5) be free to stop charging interest at the end of an accounting period instead of when payments are actually received, (6) defer recoupment of negative cost balances until after payment of distributor fees and expenses thus extending the time period during which interest is charged, (7) charge interest on overhead, (8) charge simple instead of exact interest and (9) characterize gross participations as part of the negative cost of a picture and thus charge interest on gross participations?

P-F/D Deals With Independent Producers--How many U.S. films are produced each year by independent producers with production money financing provided through a production/financing distribution agreement with an independent distributor?

Creative Control--Which of these typical film finance/distribution scenarios offers the greatest level of creative control for the producer and director of the film: (1) the major studio/financed in-house production, (2) the major studio financed production-financing/distribution agreement with an independent producer, (3) a negative pickup with a major studio/distributor or (4) a film financed through a privately placed feature film limited partnership and acquired by a distributor on a pure acquisition or rent-a-distributor basis and why?

Independent Producers--In which situation does an independent producer have more creative control (1) when the negative costs of the movie are being provided by a major studio/distributor or (2) when funds are being provided by a lender who requires that a completion guarantor monitor the producer's production activities or (3) when production funds are provided by a feature film limited partnership?

P-F/D Deals--How many U.S. films are produced each year by independent producers when production money financing is provided by a majorstudio/distributor utilizing the production-financing/distribution agreement?

Financial Overview--Conduct a study of the finances of the major studio/distributors: (1) determine the amount of money coming into such companies and from what sources, (2) determine what percentage is paid out to management, the percentage paid out for above-the-line and below-the-line production costs, the percentage allegedly spent on distribution expenses and the amounts paid out to stockholders as dividends. Are such percentages reasonable?

Returns to Investors--How well did the limited partner and LLC investors fare in such ventures? Did they recoup their original investment? Did they receive a fair return on their investment? Could the financial results for such investors have been predicted based on available knowledge of the business practices of film distributors?

Malfeasance--If the results of such investments were disappointing and could have been predicted does that mean that attorneys and broker/dealers who participated in such offerings were negligent in the conduct of their due diligence activities and in providing fair disclosures on behalf of the producers to the prospective investors?

Negative Pickup Numbers--How many U.S. films are financed each year using the negative pickup financing arrangement? How many U.S. films are financed each year using the negative pickup arrangement with major studio/distributors? How many U.S. films are financed each year using the negative pickup arrangement with independent distributors?

Negative Pickup Definitions--How does the negative pickup deal work and what is required in order to put such a film financing arrangement together? How does a negative pickup deal differ from a pure acquisition? A fractured rights deal? A split rights deal? A rent-a-distributor transaction?

Limited Partnership and LLC--How many U.S. made films are produced each year utilizing the limited partnership or limited liability company (LLC) to raise all or a significant portion of the production funds? How many of those were financed through the use of a public/registered limited partnership such as the Star Partners (MGM/UA) and Silver Screen Partners (Disney) series? How many of those were financed through the use of a privately placed limited partnership? How many of the LLCs were sold as non-securities?

Artificial Pickup--What can be done to prevent the major studio/distributors from avoiding the higher costs of below-the-line union wages and fringes through the use of the "artificial pickup"?

Distribution Scenarios--During the past 10 years, how many films distributed by the major studio/distributors fall into the following film finance/distribution scenarios: (1) in-house production/distribution, (2) production-financing/distribution agreements (with independent producers), (3) negative pickups, (4) pure acquisition deals or (5) rent-a-distributor deals? What trends relating to these 5 forms of film finance and distribution appear to be developing?

Organized Crime and Films--What percentage of feature films produced in the U.S. each year appear to be financed with money provided by elements of organized crime? Are such investment opportunities being utilized to launder money?

The Numbers Game

It is very difficult to get a handle on what is really going on in Hollywood without accurate numbers or statistics. The following suggested research questions are designed to aid in this regard.

Pitches and Submissions--How many pitches of concepts or ideas are made to major studio/distributors each year? How many synopses, treatments and scripts are submitted to the major studio/distributors each year?

Treatments and Screenplays--How many synopses and/or treatments are registered with the WGA each year? How many screenplays are registered with the WGA each year? How many screenplays are registered with the U.S. Copyright office each year? Compare that with the number of films produced and released each year to illustrate how out of balanced the system is.

Filmmaking Odds--What are the realistic odds that a pitched film project will result in a major studio development deal? What are the realistic odds that a film being developed by a major studio/distributor will receive a "green light" for production? What are the comparative odds of taking a film project to a major studio/distributor for development and production financing, as opposed to obtaining a negative pickup deal arrangement, a pure acquisition deal, or investor financing, or some of the other forms of production financing?

Independent Production--How many U.S. films have been produced each year by independent producers during the last ten years? What is the trend with respect to the number of independently produced films?

Distribution of Independent Films--How many of these U.S. films produced by independent producers are distributed by major studio/distributors each year? How many of such films are distributed by independent distributors? How many of such films do not obtain a domestic theatrical release? What are the trends with respect to these questions?

Lender Financing--How many U.S. made films are produced each year with a substantial portion of the production costs financed through bank or other lending entity loans? What percentage are negative pickup deals? What percentage are so-called foreign pre-sales? What percentage of the pre-sales are "fractionalized rights" deals? What percentage of the pre-sales are so-called "splits rights" deals? How many involve so-called "gap financing"? What are the trends, (e.g., are more negative pickup and pre-sales deals being effected each year than production-financing/distribution deals)?

Completion Bonds--How many U.S. made films are produced each year using a completion bond? What is the aggregate amount of film budgets covered by completion bonds in a given year? How many completion guarantors currently operate in the marketplace? What fees do they charge? How many films covered by completion bonds are actually taken over by the completion guarantor in some way?

Market Share of the Majors--What percentage of domestic theatrical box office gross has been generated in the past 10 years by U.S. films produced and distributed by major studio/distributors?

Market Share for Independent Production--What percentage of domestic theatrical box office gross has been generated in the past 10 years by U.S. films produced by independent producers and distributed by major studio/distributors?

Market Share for Independent Distributors--What percentage of domestic theatrical box office gross has been generated in the past 10 years by U.S. films produced by independent producers but distributed by independent distributors?

Hollywood Dominance--To what extent do the films produced and/or released by the Hollywood major studio/distributors dominate the movie screens of the domestic marketplace and those of foreign countries?

Profit Participations--How many U.S. films involve awards of some form of gross participation to others besides the domestic theatrical distributor, (e.g., writers, directors, producers, actors, etc.)? How many such deals provide for net profit participations? What percentage of these deals actually result in the payment of gross or net profit participations?

Distribution

The key to understanding the Hollywood-based U.S. film industry is developing an understanding of what distributors do and through what business practices they have gained their power over the rest of the industry.

Film Company Failures--How many independent film distribution or production companies have gone out of business in the last 5 years and why? Is it really because they failed to produce hit films? Or is it because of poor financial planning? Or is it because of the unfair, unethical, unconscionable, anti-competitive, predatory and illegal business practices of the major studio/distributors?

Contract of Adhesion and Unconscionability--Would it be fair to characterize all of the feature film distribution agreements between major studio/distributors and independent producers as contracts of adhesion? Do all of such contracts contain unconscionable provisions? Are these agreements enforceable in the courts?

Unconscionable Terms--Which, if any, of the terms of the production-financing/distribution agreements used by the major studio/distributors are likely to be considered unconscionable by courts if challenged?

Gross Receipts Exclusions--Do the distribution agreements of the MPAA companies regularly exclude revenue from the gross receipts revenue stream of independently produced motion pictures for the purpose of then contributing such moneys to favored charities? If so, do these MPAA companies then deduct such contributions from their U.S. federal income taxes? How much money is diverted from the gross receipts revenue stream of independently produced motion pictures during the course of a given year in this manner and what charities are being favored with such contributions? Approximately how much money do feature film gross and net profit participants lose each year through this distributor gross receipts exclusion? If such exclusion provisions are contained in the film distribution agreements of MPAA companies are they unconscionable? What other revenues are excluded from the definition of gross receipts by the language of the major studio/distributor distribution agreements? Are such exclusions reasonable?

Gross Participation/Pure Gross--Of those U.S. films granting some form of gross participation to others besides the distributor, do any involve a gross participation in pure gross distributor rentals? What are the various levels of gross revenues made available to gross profit participants?

Gross Participation/Adjusted or Accountable Gross--Of those U.S. films granting some form of gross participation to others besides the distributor, how many involve a gross participation in some form of adjusted or accountable gross distributor rentals and how are such terms defined?

Gross Participation/Relation to Net--If the major studio/distributors stopped granting gross participations to actors, directors, producers, screenwriters and others wouldn't that substantially reduce the production costs of such motion pictures and at the same time increase the value of net profit participations, thus making all of such persons much more willing to accept net profit participations? Why are gross profit participations considered production costs? Is that a fair characterization?

Gross Participations and Interest--Is it fair to say that the major studio/distributors actually prefer to grant gross profit participations on some films because gross participations are included as part of the negative cost and thus increase the amount of interest the major studio/distributor earns on the project, while at the same time the granting of gross participations do not otherwise decrease the major studio/distributor's earnings on a film although gross participations have a devastating effect on net profit participants?

Distribution Fees--Someone in the academic community or who works for one of the associations (now existing or as proposed in this book) should conduct an extensive survey of distributor fees and other related terms of distribution deals. The survey should include a listing of all the services performed by the distributor in its efforts to earn the distribution fee.

Auditing--What percentage of U.S. films distributed each year that do achieve net profits are audited? What percentage of U.S. films distributed each year that do achieve net profits do not achieve net profits until after they are audited? Of those films that are audited, how many provide for the recovery of a significantly larger amount of net profits than would have otherwise been reported were it not for the audit?

Distributors as Fiduciaries--Do feature film distributor owe a fiduciary duty to independent producers and other net profit participants to avoid settling with exhibitors for less than the contractually owed amount of film rentals?

Implied Covenant of Good Faith and Fair Dealing--Is the failure of feature film distributors to refuse to settle with exhibitors for less than the contractually owned amount of distributor rentals (thus excluding significant amounts of revenue from distributor gross receipts) a violation of the implied covenant of good faith and fair dealing?

Legality of the Settlement Transaction--Is the failure of a major studio affiliated distributor to settle with an exhibitor for the contractual amount of film rentals due to such distributor an anti-competitive practice designed to prevent independent producers from effectively competing with the studio production companies? Is this practice a violation of the federal Sherman antitrust Act, the Clayton Act and/or the FTC Act? Is the distributor protected from claims alleging that the settlement transaction is illegal because it is not mentioned in the distribution agreement; even if the distribution agreement is a contract of adhesion?

Outlawing Settlement Transactions--Should exhibitor/distributor settlement transactions be outlawed? Which major studio/distributors engage in settlement transactions with exhibitors and which do not? If a major studio/distributor is not willing to settle for less gross receipts than owed by the exhibitor to the distributor does this have any effect on the ability of that studio/distributor to get its movies shown in those same theatres in the future? In the course of a given year, how much money is diverted annually from the gross receipts revenue stream that might ultimately accrue to the benefit of all gross and net profit participants of independently produced films by virtue of the settlement transaction? On what legal grounds can motion picture gross and net profit participants attack the settlement transaction as between exhibitors and distributors?

Distribution or Production Expense--Compare the definitions of distribution expenses in major studio distribution deals to determine whether there are any differences between the definitions found in the production-financing/distribution agreement as opposed to negative pickup deals or pure acquisition deals. If such differences are found, discuss the possible reasons for such differences. In other words, why would an expense be considered a distribution expense in one distribution deal but a production expense in another? The answer may relate to who put up the production money and who is getting paid interest and production overhead charges based on those funds.

Foreign Tax Credit--Should entities such as film distributors who pay foreign remittance taxes on revenues generated from the exhibition of their films in such foreign countries be allowed to claim the U.S. foreign tax credit when the amount paid in taxes is charged against the gross receipts of the distributor as a distributor expense and is thus actually paid by the net profit participants?

Checking Services--What firm or firms provide motion picture box office checking services, exactly what services do they provide, what kinds of exhibitor (or distributor) practices are they trying to prevent, who hires them, what are their fees and on what percentage of films are they used?

Rebates, Discounts and Kickbacks--What is the difference between rebates, discounts and kickbacks and how can independent feature film producers protect themselves from abuse in this area?

Distributor Allocations--Should film distributors be allowed to exercise their discretion with respect to making expense and revenue allocations (1) among films being licensed or syndicated together as a package in a foreign territory, to networks or independent television stations, (2) relating to the costs of advertising several films or (3) with respect to which portion of film rentals should be considered earned by their shorts and trailers as opposed to an independently produced feature film?

Exhibitor Selection--What system is used in the current marketplace for determining which exhibitors will be able to exhibit which feature films? Who benefits from the current system?

Blind Bidding--Explain the distributor practice of blind bidding, discuss the pros and cons of the practice and identify which film industry groups favor the practice and which are opposed to it? Which states currently have anti-blind bidding statutes and which do not? Have the major studio/distributors carried out their reported threats to reduce the number of location shoots in the so-called regulatory states, (i.e., those states that have passed anti-blind bidding statutes)? Should a federal anti-blind bidding statute be considered by Congress? Is blind-bidding still a problem? Did the exhibitors and the major studio/distributors cut a deal which caused the exhibitors to back off their efforts to pass anti-blind bidding legislation in more states? Did this supposed "deal" involve a promise by the major studio/distributors to halt purchases of ownership interests in major theatre exhibition chains?

Distributor Conflict-of Interest--Are the independent producers whose films have been distributed on a rent-a-distributor basis satisfied with the manner in which their films were distributed, (i.e., does the inherent distributor conflict of interest situation in which a distributor may be distributing one of its own films at the same time that it is distributing a film produced by an independent producer result in discriminatory treatment of the independently produced film)?

Acquisition Deal Numbers--How many U.S. films are obtained each year by the major studio/distributors as pure acquisition deals? How many U.S. films are obtained each year by the independent distributors by acquisition?

Rent-A-Distributor Deal Numbers--How many U.S. films are distributed each year on a rent-a-distributor basis? What portion of the distribution expenses in these rent-a-distributor deals have been paid for by monies provided by the non-distributor financier?

Commercial "Failure" Interviews--Interview the directors and producers of a significant number of studio-financed films that were considered "commercial failures" and determine why, in the view of the directors and producers such films did not fare better at the box office. Determine whether such directors and producers are willing to talk openly about the performance of the film, how the studio handled distribution and whether there appears to be a pattern in their complaints, if any.

Shareholder Issues--Are the shareholders of the major studio/distributors treated more or less fairly than net profit participants? If Orion owner John Kluge is one of this country's most wealthy individuals, while at the same time his company was in bankruptcy, was it fair to raise the question as to whether the shareholders of Orion have been properly compensated for their ownership interests? Who are the majority shareholders of the major studio/distributors?

Rental Ratios--Are distributor rentals for films produced and distributed by major studio/distributors consistently higher than the distributor rentals for films produced by independent producers, but distributed by major studio/distributors? If so, what causes this difference? Do the major studio/distributors negotiate better terms in their agreements with exhibitors on their own films? Or do the major studio/distributors discriminate against independent producers by settling for a smaller amount of film rentals on the independently produced films that they distribute?

Achieving Net Profits--What percentage of U.S. films distributed each year achieve net profits? By major studio/distributors? By independent distributors?

Collective Bargaining--Why can't the screenwriter, director and actor guilds get the major studio/distributors to agree to collective bargaining agreements which prohibit (1) unfair settlement transactions, (2) the granting of gross profit participations, (3) unfair home video royalty provisions, (4) distributor participation in net profits (5) unreasonable allocations in package sales and other unreasonable distributor business practices, the elimination of which would greatly increase the chances that a given movie will generate net profits for the benefit of such directors, screenwriters and actors (i.e., the members of these guilds)?

Independent Producer Association--Why can't independent producers form an effective association of independent feature film producers and work toward the same important financial goal, (i.e., the elimination of predatory distributor business practices which significantly decrease the chances of the vast majority of motion pictures for generating net profits)?

© 1997 - 2002 by John W. Cones All Rights Reserved