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The 4 Pillars of Independent Film Financing

Michael Hayes

A hand holding a graphic coin on top of a film camera

The financing structure for an independent feature film typically involves a combination of multiple funding sources. For budgets above $1 million, it's likely to be a mix of equity, pre-sales, tax incentives and debt. Below is an outline of common financing sources and their respective roles and percentages of budget.




1. Equity Financing (30-40%)

  • Private Equity Investors: High-net-worth individuals (HNWIs), film financiers, or family offices may contribute equity capital in exchange for a share of the film's profits. These investors typically have a high risk tolerance and are looking for long-term gains.

  • Producer's Equity: In some cases, the producers themselves may invest some of their own money into the film, often alongside a larger group of private investors. This could account for a portion of the equity.

  • Film Funds: Specialized film funds, often operated by asset management firms, may provide equity investments in return for a percentage of the film's revenue.


2. Pre-Sales and Distribution Agreements (20-40%)

  • Pre-Sales: In the international market, distributors may commit to purchasing the distribution rights of the film in exchange for a percentage of the budget being raised up front. This is a common way to generate revenue before the film is completed.

  • Territory Pre-Sales: Rights to the film are sold region-by-region (e.g., North America, Europe, Asia). The distribution companies agree to pay for these rights in exchange for the ability to distribute the film in their designated territory.

  • Domestic Sales Agent: A domestic distributor or sales agent may also be involved, and the domestic pre-sales (for TV, VOD, theatrical, etc.) could represent a significant portion of the funding.

  • Streaming Deals: Platforms like Netflix, Amazon Prime, or Hulu may agree to buy the film for streaming rights either before or after production, which could help finance the film.


3. Tax Credits and Incentives (10-20%)

  • Film Tax Incentives: Many countries and U.S. states offer tax incentives for filmmakers, which can be a substantial part of the financing. For instance, locations like Georgia, New York, and California in the U.S., or countries like Canada, the UK, and Ireland, offer tax rebates or credits based on the production spend in the region. These rebates can provide cash-flow benefits and offset a significant portion of production costs.

  • State and Federal Grants: In some regions, governments provide non-repayable grants or soft loans for independent filmmakers, especially if the project aligns with certain cultural, historical, or regional objectives.


4. Debt Financing (20-30%)

  • Gap Financing: If a portion of the film’s funding is secured, but there is still a shortfall, gap financing can help cover this difference. The lender typically provides debt against the expected future revenue streams of the film (e.g., from distribution or sales). These loans are usually secured against the expected earnings of the film.

  • Bank Loans or Structured Loans: In some cases, specialized film banks or lending institutions may offer loans based on the collateral of the movie's anticipated revenues (e.g., domestic and international distribution agreements, streaming deals).

  • Minimizing Risk for Lenders: Lenders will often ask for certain guarantees and security, such as pre-sold distribution rights, completion bonds, or even a percentage of future profits.



Example Financing Breakdown for a $10M Independent Film:

Source

Amount ($)

Percentage of Budget (%)

Equity Financing

$3M

30%

Pre-Sales / Distribution Deals

$4M

40%

Tax Credits / Incentives

$2M

20%

Debt Financing

$1M

10%



Conclusion

The mix of financing components can vary depending on the type of film (e.g., genre, star power, potential distribution deals) and the specific producers and financiers involved. Some financing structures may be more heavily reliant on tax credits and pre-sales, while others might rely on a larger proportion of equity financing.



Spiller Law is an advisor to startup businesses, entertainment and media companies, and artists. Feel free to schedule a free consultation.



 

Spiller Law is a San Francisco business, entertainment, and estate planning law firm. We serve clients in the San Francisco Bay Area, Silicon Valley, Los Angeles, and California. Feel free to arrange a free consultation using the Schedule Appointment link on our website. For other questions, call our offices at 415-991-7298.

 

The information provided in this article is for general informational purposes only and should not be construed as legal advice or opinion. Readers are advised to consult with their legal counsel for specific advice.

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