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Paramount no more film 09 Feb 2014 16:16 #40619

  • Andrew Thomas
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Keweler wrote:
Universal wanted a $600 guarantee vs 40% from me last week to play "Lone Survivor". Digital with VPF. This is only the second time in 1 1/2 years I had the feeling I am at a disadvantage with VPF's. Save to say we won't be playing Universal movies for a while.
Jay

What is the VPF for off the break content? Ours is $150. We did 2 weeks, 50%,40% and a $1000 advance (but no guarantee). We then did Ride Along for the same percentages, but with a $500 guarantee.

How little do you expect to gross that a $600 guarantee is gonna kill you? Seems like if it is that small a demand, you shouldn't bother anyway.
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Paramount no more film 09 Feb 2014 18:14 #40620

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Let me clarify my earlier post - in Pennsylvania BOTH advances and guarantees are prohibited by state law.

Back in mid 1980s the Pennsylvania Assocition of Theatre Owners had a particularly strong lobby in the state capital of Harrisburg. I was a member of that team. We realized the only way to fight the distributors was through the legislature and with our push Pennsylvania passed the most theatre owner friendly statute in the nation - prohibiting not only advances/guarantees but also outlawing clearances and other similar practices which restricted product availabilities.

While a portion of that statute was found by the federal courts to be preempted by the copyright law, much of it still remains intact today.
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Paramount no more film 09 Feb 2014 18:48 #40621

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What is the VPF for off the break content? Ours is $150.
Mine is less then that.
How little do you expect to gross that a $600 guarantee is gonna kill you?
Kill me? No, just really annoy me.
Seems like if it is that small a demand, you shouldn't bother anyway.
The way I look at these guarantees is not that I aim to get to guarnteed amaount but to the amount where the % kicks in. In my case that would have been $1500. And that is a number only about 66% of my movies gross in one week, less in January/ February.

Jay
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Paramount no more film 09 Feb 2014 20:29 #40622

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Thanks for answering Jay. What is the size of your market?
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Paramount no more film 09 Feb 2014 20:54 #40623

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It could be that the term we're looking for here, is "minimum rent". A lawyer can make a distinction between this term and "advance" or "guarantee", which are completely different charges.

I would be surprised to hear that a studio couldn't charge a minimum rent, reflective of their costs to book, process, monitor, store and ship a print. For that matter, a refundable advance against potential percentages seems like something a state would have a hard time banning. It's the studios' way to protect themselves from those with unknown or bad credit. Without something like this, I'd expect some owners would have a hard time booking anything. At the very least, they'd likely find themselves on a print-by-print basis; being required to pay for the last film before being allowed to book the next.

Our state doesn't ban guarantees, but I haven't heard of anyone around here being hit with one in years... like more than 25.
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