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This topic comprises 2 pages: 1 2
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Author
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Topic: Renting theatre out for private screening
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Martin McCaffery
Film God
Posts: 2481
From: Montgomery, AL
Registered: Jun 99
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posted 04-29-2011 08:19 AM
Yes, you will need to contact the rights holder of the movie, usually the film distributor, not the DVD distributor, and get permission to show the film, which usually cost in the $250 range.
You can do it through a non-theatrical distributor like Swank, but it will usually cost you more. Since you already have a relationship with the theatrical distributor, use it.
Sometimes they want to watch things that don't have theatrical rights (tv shows for instance). These can be a little tougher. PBS things are usually pretty easy to track down, and often free. Old Charlie Brown specials or whatever, can be a bit more work.
So you can either work the cost of the rights into your theatre rental costs, or set the price of the rental and the cost of the film is a add on. The public doesn't get that you can't just go to NetFlix and show what you want, but they don't understand that about regular movies either.
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Frank Angel
Film God
Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999
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posted 05-03-2011 05:12 AM
We do lots of rentals as well. Our rental rate is based on our known operating costs (the house nut) as close to the penny as can be calculated -- everything from turning on the lights, the air conditioning, bringing in the crew, both front of house and tech, even wear and tear and consumables. Once you've that number, then you add whatever profit you think you want to make or think the market will bear. And of course part of your calculations should also take into consideration what your competition is charging for similar rentals. Make inquiries; see what they are charging. Obviously you don't want to price yourself out of the running.
As for the actual film rental -- we NEVER get involved. We are not the exhibitor in these rental situations, only the landlord. Let the renter obtain the film they want and license. Let them go to Swank or Criterion and book the film (DVD usually, although we do run 35mm for them as well if they obtain the print and rights). Just make sure they present a copy of the confirmation from the non-theatrical distributor so you have a record that the screening is properly licensed. You want to keep your theatre clear of any disputes that might arise between the renting group and the studios.
Although we decided on this policy because it's the cleanest way to deal with these rental situations, as others have said, you could decide to include the license fee in your rental rate, but we found that just requires more paperwork, phone calls and haaving to deal with making the contact with the non-theatrical distrib. Then you will also have to adjust the rental rate depending on the licensing fee which is variable depending on the film title (newer titles can go much higher than $250). Besides, if they make the booking, they understand better what costs what. Your rental rate won't be inflated by the license fee which they won't see.
And you are right, Celine, because your doors are closed and you consider it "private," that doesn't change the fact that in no way can a screening in your theatre ever be construed under the DVD licensing terms as a home screening and covered by the explicit home license terms that a DVD confers.
Is it possible for you get away with showing a DVD to a private group without paying a $250 or more fee? Sure. Is it legal or more to the point, is it safe? Not if it can jeopardize your relationship with the studios and risk your entire operation/livelihood to accommodate a rental that might garner $50 profit.
And I will admit, if you a showing a DVD to 15 people, $250 is an exorbitant fee when each of those people could go to Redbox and get the same movie for a buck, but unfortunately it would be easier changing the orbit of the planets than to get the studios amend to their "for home viewing only" policy on DVDs. Is it colossally absurd that they will let Redbox distribute a film for 99 cents (50 cents on special) but insist you pay $250 for the same title when only a handful of people are going to watch it, but as they say, it is what it is.
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Frank Angel
Film God
Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999
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posted 05-06-2011 12:01 AM
Well, there are levels of checks and balances here. If we are dealing with a client who 4 walls us regularly and it is an organization who we know, and they hand us a confirmation from Swank that they booked MAMA MIA, I will take that on good faith. I know the org, I know what a Swank confirmation looks like. I copy it and put a copy in the file. Do I call Swank and as the booker who I know by first name and he me? No. There is a certain modicum of good faith here.
If a someone who we have never dealt with before walks in off the street, especially if it is an individual and not an known organization and he wants to rent the space for a screening, would I would treat that a bit differently and would call the distrib to check if he's got a license? I probably would, but long before that, we would be looking at the guy's credentials, get his bank references, and vet him out so we are comfortable that he is legitimate. This is before we even talk about the film and where he's getting it. He signs a contract (which, btw, holds us harmless in just about everything related to his event), he puts down a deposit and he buys insurance. In short he's pretty much well known to us before anything hits the screen.
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