What You Need to Know About the New Crowd-Funding Bill

December, 11, 2011 5:15 pm | On #hollyblogs, Jeff Steele, Movies

The U.S. House overwhelmingly passed its first significant crowd-funding legislation, in the form of H.R. 2930, the Entrepreneur Access to Capital Act.  

The bill (now in the Senate) amends the Securities Act of 1933, by allowing entrepreneurs to crowd source (online) up to $2 million per year in investment capital directly from individuals without having to register the investors with the SEC.

However, the commencement and completion of the raise do need to be filed with the SEC.  

Entrepreneurs (the “issuers”) must provide potential investors with audited financial statements in order to qualify for the $2 million...

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Grandfather Your Section 181 Benefit Today

October, 27, 2011 7:28 pm | On #Film Finance, hollyblog, Jeff Steele, Movies

 

The federal film and television incentive known as Section 181 expires at the end of 2011. 

If you have not grandfathered your film or series, then you must do so now, before the end of the year. If you do it correctly, then your film or series (up to 44 episodes!) will remain eligible indefinitely -- which can be a powerful motivator for potential investors. 

You do not need to have investors to be grandfathered; you just need to memorialize a few things before year’s end.

Section 181 is a very lucrative, accelerated tax deduction that American investors can use to offset passive Income (e.g. income from residuals, royalties, real estate, oil & gas, etc.), or all income (including wages) if the investor participates in the production.

The incentive allows...

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Consumer Laundering - Piracy's Silver Lining Unfolds

October, 09, 2011 4:17 pm | On #hollyblogs, Jeff Steele, Movies

 

 

Fruit of a poisonous tree ...

Lemonade from lemons ...

Call it what you will, but as predicted in one of my previous posts, "Online Piracy's Silver Lining," the mainstream media's marketing forces cannot resist the temptation of turnkey access to large consumers bases.

The Rhapsody music service announced last week that it has agreed to purchase Napster's subscribers from Best Buy, who acquired the company for $121 million in 2008.

Operators of online piracy sites should take note -- you could be sitting on the next media gold rush. Call it "consumer laundering."...

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Union-Busting 101 for First-Time Filmmakers

October, 02, 2011 1:32 pm | On #guilds, hollyblog, Jeff Steele, Movies, unions

A learned colleague once said that the three biggest obstacles to getting a movie made are unions, agents and producers.

Generally speaking, that’s true, but it ultimately depends on which side of the table you’re on at any given moment.

From the financing side, unions and guilds are dicey because they tend to come to the table with an antagonistically defensive posture -- not wanting to play ball. 

They’re viewed as being uncompromising, with an all or nothing, zero-sum strategy. Interestingly enough so do producers and agents, especially when squaring off against each other.

The unions were never agreeable to begin with, but they honed their modus operandi after decades of being shortchanged by scrupulous and unscrupulous producers alike (mostly the latter).

Though they prefer to call themselves guilds, they are...

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The Upside of Digital Piracy: Or How I Learned to Quit Worrying and Love the Free Feedback

June, 05, 2011 2:53 pm | On #Film Finance, hollyblog, Jeff Steele, Movies

The US Dept. of Justice and the US Immigration & Customs Enforcement are continuing their aggressive crackdown on copyright-infringing websites. 

Operation: In Our Sites” (as the joint effort is known) not only targets software, music, film and television offenders, but also online purveyors of counterfeit designer merchandise -- all of whom are getting their domain names seized. 

So far over 100 domain names have been seized, which doesn’t mean much because their IP address remains intact, so they just continue operations under a new name. 

For example, the domain “Re1ease.net” was seized in a recent...

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The Importance of Always Hedging Your Currency

May, 08, 2011 12:58 pm | On #Currency, Film Finance, hollyblog, Jeff Steele, Movies

Hedging production currency is probably one of the toughest decisions a producer has to make. It’s the practice of managing losses, not capturing gains. 

While putting the finishing touches on a financing package, an announcement comes out that Germany is now going to have to bail out Poland -- in addition to Portugal, Spain, Hungary, Iceland, Greece and others. 

Over the next few days, you watch as the Euro moves against the dollar from 1.64 to 1.50. 

So what does that mean? is this a good thing or a bad thing? Should you buy now or wait for something to turn around?

Manufacturing a film could be described as an endless succession of zero-sum decisions. 

Every action has an equal and opposite reaction. When shooting in foreign country, those actions tend to originate with the crew -- while the reactions come...

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I Lost My Investor!

May, 03, 2011 6:20 pm | On #financing, Movies, pre-sales

As a finance person, I spend a lot of time cleaning up after producers, which makes it easy to opine on their shortcomings and how they can better themselves. But I also spend just as much time cleaning up after investors who’ve jumped ship.

The contractions in the foreign pre-sale market, coupled with increasingly conservative gap lending, are putting considerably more pressure on the amount of equity required to get a film financed. Unless a project outperforms pre-sale expectations, most producers should expect cash/equity to comprise 45 percent -50 percent of their budgets.  That’s what it takes to get film financings closed these days. It might appear to only be 35 percent- 40 percent when you’re first going into your loan closing, but that’s where it’s going to end up, six weeks later – and it’s during those six weeks...

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Why 20% Deposits on Foreign Pre-Sales Are Going Bye-Bye

April, 24, 2011 1:44 pm | On #Film Finance, hollyblog, Jeff Steele, Movies

Once upon a time, there was a producer I knew who held onto his projects’ pre-sale deposits for almost five years, before a collection account company pried them from his grasp. 

Even though his projects (plural) never got made, he nonetheless felt entitled to hold onto his perpetually stalled films’ deposits.

It seriously pains me to think about how much foreign distributor cash is tied-up in projects that have stalled or fallen apart, due to financing, talent, legal, or some other issues.

Think about it: When a producer pre-sells a territory, the payment terms are generally a 20 percent deposit upon execution of the short-form sales agreement and 80 percent upon receipt of the notice of delivery (NOD).

So, that means for all these delayed or problematic indie film projects, in all the different territories, ...

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So How Much Should You Allocate to the Producer of Marketing & Distribution?

April, 17, 2011 2:02 pm | On #Film Finance, hollyblog, Jeff Steele, Movies

A producer recently inquired as to how much she should allocate to the producer of marketing and distribution (PMD), in her film's budget. 

Seriously?  Another producer title?! 

While initially dismissive of that concept, I've actually come to terms with the viability and necessity of such a role, given the inability of most independent films to acquire distribution in the United States, which is mostly due to:

>> Prohibitively expensive marketing, advertising and distribution costs (if you're not spending at least $25 million on a national campaign, then you probably shouldn't spend anything at all).

>> An overall dearth of independent U.S. distributors (due to the high cost of marketing).

>> Studios shifting their focus to a few blockbusters and franchises, rather than indies.

...

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Seeking Film Finance? You Get What You Pay For

April, 10, 2011 12:15 pm | On #film closings, Film Finance, hollyblog, jeffe steele, Movies

From 2004-08, there was a flood of new capital that poured into the film industry. 

Most of this money came from institutional investors like hedge funds, private equity firms and investment banks. 

The bulk of that money went to the studios, but when their coffers were full, it trickled down into the independent markets. 

Hundreds of millions of dollars were invested into independent film funds like Grosvenor Park, Aramid, Oceana, Winchester, 120db, Newbridge, Barbarian and many more. 

As competition for viable projects increased, lending practices decreased. Soon, finance plans were looking for films, instead of the other way around.

Some of those funds are still around, but most are not. 

There were so many films financed during this boom time that the indie film market became saturated with product....

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Jeff Steele is a noted film finance expert and owns the website FilmClosings.com.  Most recently, Jeff was CFO of Magnet Media Group, an equity finance, production, and distribution fund for $10 million - $50 million feature films.  Before that, Jeff was the director of film finance for Screen Capital International and a producer for Sony Classics' "Who Killed the Electric Car?"

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