
Dealmakers who came into Park City hoping to recapture the acquisitions momentum of last fall’s Toronto Film Festival returned this week with smiles on their faces. And why not? By my count, 38 transactions have been completed on Sundance films so far, with several more coming. Buyers estimate that at least eight of those deals brought a minimum guarantee of $2 million or higher: The Details and My Idiot Brother to The Weinstein Company, Like Crazy to Paramount/Indian Paintbrush, Margin Call to Lionsgate/Roadside Attractions, Another Earth to Fox Searchlight, Silent House to Liddell Entertainment, Homework to Fox Searchlight, and The Devil’s Double to Lionsgate and Herrick Entertainment.
Nobody could be accused of the drunken spending that occasionally happened in past Sundance Festivals. But considering the shellacking the indie business has taken over the past several years, there were intriguing team-ups and bold plays all over the place. Like when Sony Pictures Classics acquired the Michael Shannon-in-meltdown-mode Take Shelter, sight unseen, and the SPC team strutted when the film played to glowing reviews; when Steven Rales’ Indian Paintbrush became the surprise catalyst in the $4 million deal to acquire festival favorite Like Crazy, or when Ron Burkle partnered with Harvey Weinstein in the $7.5 million guarantee/$10 million P&A acquisition of the Tobey Maguire black comedy The Details; when Focus Features bought Dee Rees’s much discussed directing debut Pariah, and made her next script part of the deal; or when HBO preemptively acquired all rights to the documentary Project Nim (after getting a preview along with other cable networks that wanted the film), then resold theatrical to Roadside Attractions. Veteran buyers said the big change was the unusual array of different deals made for TV, VOD, foreign and remake rights, which reflected an encouraging new reality for Sundance features and documentaries. In the past, you either made a deal, or your film likely disappeared. Maturing platforms have created a greater opportunity for independent films to be seen, and possibly monetized, even if a theatrical release isn’t in the cards.
“The prices were on the low side, there were no 8-figure deals, but deal making was never like this, and that was because there were never this many outlets via all the new technologies,” said Sony Pictures Classics co-head Tom Bernard, who with partner Michael Barker acquired The Guard and made preemptive deals for Take Shelter and Morgan Spurlock’s POM Wonderful Presents: The Greatest Story Ever Sold. Those deals ranged from the remake deals for the documentaries Knuckle to HBO and Rough House for a TV series, and The Bengali Detective to Searchlight; documentary deals by Oprah Winfrey’s upstart cable network OWN for Becoming Chaz and Crime After Crime, with plans for those to get a branded boost by becoming part of Oprah’s Documentary Club. If Oprah can get her audience to watch documentaries the way she got them to read books, this could be a shot in the arm for an underrated film genre.
The festival was largely a bust for all of those who came looking for films that could play on 2000 screens or more, but most platform-savvy distributors walked away with at least one movie. Distributors like Searchlight, TWC, Sony Pictures Classsics and IFC walked away with several pictures each. Agents who burned the midnight oil making deals said that buyers were patient, running P&L models before making reasonable bids.
“Even though the buying was steady, nobody got carried away,” said Lionsgate’s Joe Drake. “There was a genuine entrepreneurial excitement about exploring fresh ways of looking at a movie and uncovering new ways to monetize content. I think this type of activity can also help rejuvenate the business and incite capital to return to independent filmmaking. The idea that people may have renewed interest in putting money into making movies and backing creative vision is exciting for distributors like us.”
Numerous buyers tempered their enthusiasm by saying that if the purchased films don’t do business at the box office, the indie business could be right back where it started. But there were no $30 million auteur-driven art films here. Most of the Sundance slate was comprised of films made for low cost that left room for financiers and distributors to feel nobody will lose their shirt. Harvey Weinstein, who was at the center of two of the fest’s biggest deals for The Details and My Idiot Brother, said he thought that the strong showing by independent films made in the Best Picture race announced during Sundance didn’t hurt, either.
“Fox Searchlight turned up the heat with Black Swan, we turned it up with The King’s Speech and Focus turned it up on The Kids Are All Right,” Weinstein told me. “Then people see us up here, competing and bumping up against each other again. I think it helped turn the market back on, with everyone taking a look and saying, ‘Holy shit, it’s time.”
Below is a breakdown of acquisitions, broken out by deal brokers.
| SUNDANCE 2011: DOMESTIC DEALS by SALES AGENT | |
| Film (grouped under sales agent) | Sold to… |
| UTA | |
| I MELT WITH YOU | Magnolia |
| LIKE CRAZY | Paramount |
| MARGIN CALL | Lionsgate + Roadside |
| MARTHA MARCY MAY MARLENE | Fox Searchlight |
| MY IDIOT BROTHER | TWC |
| THE GUARD | SPC |
| SALVATION BOULEVARD | IFC & SPWAG |
| THE DETAILS | The Weinstein Co. |
| THE FUTURE | Roadside |
| SON OF NO ONE | Anchor Bay |
| CAA | |
| BELLFLOWER | Oscilloscope |
| KNUCKLE | HBO (w/ Rough House) |
| SILENT HOUSE | Lidell Entertainment |
| TAKE SHELTER | SPC |
| THE DETAILS | The Weinstein Co. |
| THE DEVIL’S DOUBLE | Lionsgate |
| HIGHER GROUND | pending… |
| THE GREATEST MOVIE EVER SOLD | Sony Worldwide Acquisitions |
| SUBMARINE | |
| CRIME AFTER CRIME | OWN (Oprah Network) |
| BUCK | IFC (Sundance Selects) |
| I MELT WITH YOU | Magnolia |
| PAGE ONE | Magnolia & Participant |
| PROJECT NIM | HBO |
| PROJECT NIM | Roadside Attractions |
| THE LAST MOUNTAIN | Dada Films (MJ Peckos) |
| THE LAST MOUNTAIN | New Video / Docurama |
| WME | |
| ANOTHER EARTH | Fox Searchlight |
| CORMAN’S WORLD | A&E IndieFilms |
| PERFECT SENSE | IFC |
| SON OF NO ONE | Anchor Bay |
| ON THE ICE | Pending |
| REBIRTH | Pending |
| PREFERRED CONTENT (Kevin Iwashina) | |
| ANOTHER EARTH | Fox Searchlight |
| HOT COFFEE | HBO |
| THE LEDGE | IFC |
| JESS + MOSS | Visit Films |
| MISS REPRESENTATION | Pending… |
| PARADIGM | |
| CIRCUMSTANCE | Participant Media |
| THE DEVIL’S DOUBLE | Lionsgate |
| THESE AMAZING SHADOWS | IFC / Sundance Selects |
| BEATS RHYMES & LIFE: THE TRAVELS OF A TRIBE CALLED QUEST | Pending |
| ICM | |
| HOMEWORK | Fox Searchlight |
| CINETIC | |
| PARIAH | Focus |
| Cassian Elwes | |
| SON OF NO ONE | Anchor Bay |
| THE LEDGE | IFC |
| MARGIN CALL | Lionsgate + Roadside |
| OTHER DEALS | |
| Title | Distributor |
| E1 | |
| MAD BASTARDS | IFC / Sundance Selects |
| George Rush | |
| SEPTIEN | IFC / Sundance Selects |
| HANWAY | |
| LIFE IN A DAY | National Geographic |
| HURWITZ | |
| BENGALI DETECTIVE (remake rights) | Fox Searchlight |
| Ronna Wallace | |
| GUN HILL ROAD | Distributor Motion Film Group |
| Trustnordisk | |
| PERFECT SENSE | IFC |
| INDIVIDUAL DEALS BY INDEPENDENT PRODUCERS | |
| Title | Distributor |
| BECOMING CHAZ | OWN |
| THE FLAW | New Video |
| UNCLE KENT | IFC / Sundance Selects |
| HOBO WITH A SHOTGUN | Magnolia / Magnet |


Wall Street Journal has already documented a 66% drop in buying in last 3 years or so at Sundance Film Festival.
So one would have to ask if 38 successfully closed; what was the total # of films available and what is the 38 percentage of the total presented? A 100? 200?
Well, yes. And thank the good Lord. I mean did you all see the pitch Todd Garner bought recently? We need to put a stop to this crap. The only way to do it is to keep making real stories and try our best to make something worthy.
Teetu.
No. It certainly does not.
it looks like the biz is on the up and up, but will anyone end up seeing most of the movies?
the indie biz is still not lucrative. it’s like the stock market. you only hear of the success stories out of the countless other 99% that don’t make it. look at the bigger picture of how many indie films are made each year and then how many get distribution. you’ll find the number to be miniscule, but a reporter can’t spin that story so you probably won’t do that research.
No
Is that seriously the banner for My Idiot Brother? Is the movie itself really that indie-pandering?
I think the big problem is the lack of serious promotional muscle behind the sub-Sundance-hit microbudget films.
John Doe uses his trust fund or his parents’ retirement savings to make a movie that gets a nice Variety review.
John puts the movie in the hands of XYZ Film Reps Inc. One problem is that, with a lot of the little sales companies, it’s not clear whether they’re small, serious firms hit hard by the economy, delusional vanity projects, scams, or fronts for spies/drug cartels/etc. There’s no communication. If the film does get sold and shows up on satellite TV, the only way the filmmaker can find out is through Googling.
Another problem is that, because of the idea that print is dead, no one puts together a real publicity campaign or buys print ads for the film. John Doe does not have the good sense to trash a hotel room and cheat on Taylor Swift to stay in the news; he just makes the film and goes home. So, the film gets some reviews and a little feature coverage when it’s four-walled, then it vanishes.
If someone puts the film on a VOD system, great, but how do you bring it to the attention of VOD visitors who might like it if the film has never been properly promoted?
Good points- and story to veer off topic a tad, but the problem starts even before your XYZ Rep scenario- what about Jim Doe (John’s brother) who makes a great film that gets terrific reviews including by the Reporter and Variety and many other pubs, wins multiple small festivals, but poor Jim can’t XYZ or PDQ reps or anyone to even LOOK at his film (especially the big fests and certainly nor distribs) because it doesn’t have any “names” in it.
Nope, just amazing actors and a terrific story that is shot exceptionally well. So the film dies in obscurity because Jim didn’t have the cash to pony up for a B list ex 90′s sit com star to play the lead, or he didn’t play the Hollywood game well enough to suck up to the right players. Sour grapes? You betcha. Rotten system that needs to change? BIG you betcha.
Jim could always hire an expert in the field of distribution who will get his film out there to the good distributors. Because Jim is hiring the expert, the expert won’t be inclined to drop Jim when his film isn’t picked up by the first half dozen companies. Jim’s film will be put in front of several dozen companies, because the expert had been hired to perform a service, and is therefore obligated to fulfill that duty.
That 66% drop the ‘Wall street Journal’ talks about is no dout the result of the crappy economic conditions, bestowed upon us by various short-sighted genius’es, and not the result of the indie business dying. If you lose your job, you’r more likely to buy bread, not movie tickets.
Reality, wait to see the b.o. totals and see if those films picked up at Sundance, actually make money. Sundance is all hype…
another tricky detail to remember is that the minimum garauntee for all these films is either smaller than the production budget or requires worldwide rights (on all media). Typically the domestic distribution deal is a zero guarantee with the producer being responsible for the deliverable costs (which may be advanced by the distributor and applied as a distribution cost). The producer is relegated to a net backend sharing arrangement; which for the indie producers may be OK because the domestic theatrical deal will trigger interest internationally and add a premium in the foriegn markets. For most the stategy is to sell domestic at sundance for little to no money followed with foreign sales in May (at Cannes) for an upfront fee per territory.
it seems to me that Roadside, Lionsgate and Fox Searchlight bought the best films.
but still don’t know if they can make their money back. Box office for indie movies is a risky road.