Film-Tech Forum ARCHIVE: Licensing of DVDs

This is topic Licensing of DVDs in forum Ground Level at Film-Tech Forum ARCHIVE.

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Posted by Hank McCalmont (Member # 4904) on 10-02-2010, 08:12 PM:

Can anyone tell me who to contact if I would like to play a dvd in one of my auditoriums? Do I need to order it from someone or can I play one that I bought? Thanks

Posted by Tony Bandiera Jr (Member # 2365) on 10-02-2010, 08:33 PM:

Hi Hank and welcome to F-T.

You need to contact Swank Motion Picture at http://www.swank.com/

or by phone 1-800-876-5577 (General Inquires) or
1-888-267-2658. (To place an order for a rental.)

They can license your dvds.

Most of the time you need to get them from Swank, but there are times when they will tell you otherwise. It is a case-by-case basis.

If you are an educational institution be sure to let them know as I believe that EI's get a discount or special license rate.

Posted by Mike Blakesley (Member # 26) on 10-02-2010, 08:38 PM:

Or if you have a film booker, they can set it up with the film company.

You can play your own DVD.

Be aware that some companies (cough)Disney(cough) will not let you play their classic titles.

Posted by Tony Bandiera Jr (Member # 2365) on 10-02-2010, 08:45 PM:

Mike, in general (at least in my area) a theatrical film booker usually cannot arrange for dvd screenings.. of course YMMV.

Most studios want you to deal with Swank for DVDs and "one-off" shows.

In any event, probably wouldn't hurt for Hank to check with his regular booking agent.

Posted by Martin McCaffery (Member # 37) on 10-03-2010, 10:29 AM:

It all depends on why and how you are showing the DVD's. The old theatrical vs non-theatrical.

Swank handles non-theatrical, the distributor handles theatrical (in most cases).

Generally speaking, I go to the distributor first as you will usually get a better rate. Swank (or the other biggie Criterion) tend to charge more for rights. Swank is also very possessive of its claims, which may account for the supposed inability of distribs to book DVD's as Tony says is happening in his area.

Now if the DVD you want to play is NOT a major motion picture (or even a minor one)- say you want to play the complete Sopranos or something, you are in a much more complicated situation and probably cannot get the exhibition rights. You can try, but most it is very difficult unless they have been contractually cleared for some sort of public exhibition.

Posted by Louis Bornwasser (Member # 3063) on 10-03-2010, 01:10 PM:

I try to avoid Swank. Here in Kentucky they have singlehandedly closed most University film programs (sub run) in 35mm. The issue is price. Why should a school pay 5-10 times the rate of an ordinary theatrical booking? Louis

Posted by Martin McCaffery (Member # 37) on 10-03-2010, 01:35 PM:

Swank, alas, is the king of the hill and the school programs are its serfs. If a school program wants to run movies at all, 35mm or DVD, they are going to have to deal with Swank one way or another. There is very little competition left out there in the non-theatric world.

The reason schools have to pay more, to the best of my knowledge, is the assumption that the programs are subsidized, so there is no risk and therefore Swank wants a cut of the action. Everything is, of course, negotiable, but the kids running school programs are rarely in a position to negotiate.

Posted by Mike Blakesley (Member # 26) on 10-03-2010, 02:22 PM:

quote: Tony Bandiera Jr
a theatrical film booker usually cannot arrange for dvd screenings.. of course YMMV.

Well...I hardly have any experience with this area but, we held a showing of Urban Cowboy for a private group and I just called our booker, he called Paramount, there was a form to be filled out (which I never saw) and a fee paid, and that was it.

Posted by Tony Bandiera Jr (Member # 2365) on 10-03-2010, 03:14 PM:

Mike, that's great news..and as Louis and Martin pointed out, Swank has pretty much a lock on University-type licensing (which is where my primary experience in this area is.)

So Hank has several options to explore.

Posted by Tony Ratcliff (Member # 1196) on 10-05-2010, 03:58 PM:

I play classic using DVD quite often.
I just book with the normal distributor.
Most of the distribs have specific people who book reperatory titles. Cost is usually the same as 35mm.

My understanding has been that if you have signed exhibition agreements with the distributors ( aka you are a "normal" theatre ), Swank won't deal with you.
This is a pain only in ONE issue.
Through Swank you CAN book Disney films.
So that puts me at a disadvantage sometimes.
Here the city runs their movie-in-the-park series in the summer, showing Disney films booked through Swank.
But I cannot get the same titles. [Mad]

Posted by Martin McCaffery (Member # 37) on 10-05-2010, 04:12 PM:

Swank will deal with you if you are showing a film non-theatrically, like for instance a private party. Anything where you advertise the film, it becomes theatrical and reverts to the distributor.

The movie in the park kinda thing could be border line. They aren't allowed to "advertise" the films, but they can "promote" them. If Disney finds they are just slightly out of compliance, they will shut it down in a heartbeat.

Posted by Frank Angel (Member # 248) on 10-08-2010, 07:12 PM:

We haven't determined yet if Hank is indeed non-theatrical. "...in one of my auditoriums..." could mean he's a multiplex and may want to run a classic for which the studio doesn't have a 35mm print (like THAT doesn't ever happen! [Mad]

In that case, like Mike says, talk to the classics department and usually they will agree to you substituting a DVD, yet treat it as any other theatrical booking.

BUT, Hank, if you are a school or anything other than a established commercial, theatrical operation, then you will have to deal with Swank for most titles, Criterion for some foreign, independent and I think they still have some Fox titles. And yes, Swank wants to assert its right to force non-theatrical (schools, museums mostly) to book thru them. They contract with the studios and pay a hefty fee per title to have exclusive licensing rights for those institutions. In fact, the studio would be breaking it's contract with Swank if it booked a title to a non-theatrical. I actually was talking with a booker at a studio that will go unnamed, and she thought I was booking for my cinema (theatrical), but I was inquiring for a museum. The minute I mentioned that, she stopped in mid-sentence and said, "Sorry. You are talking about a museum? You have to go to Swank. I can't book museums or schools."

Now there are some gray areas, especially with museums which tend to advertise and charge money -- that's pretty commercial, but it's hard to play that card nowadays. My theatre is on a college campus but it is a totally separate entity except that we rent their building. We have been established as a commercial art house for decades and we have an established relationship with the distribs so we don't have much trouble keeping the theatrical status. On the other hand, when we run a film for a student organization or for the college's Film Department, then we book thru Swank.

It really is much more complicated than it needs to be, but it is what it is and as long as you understand their definitions -- and there are gray areas for sure, you will do OK.

Then there is Disney. They are....hmmmm, how can I put this delicately....crazy as freakin loons. [Eek!]