Northern Alliance - BFI

oth cases, the Business Affairs team has found it easier to hold training sessions
with the filmmakers at the beginning of the commissioning process to explain
budgeting and scheduling; how to clear film; broadcasting compliance issues;
and the overarching process, from greenlighting the films via the Production
Finance Committee, to receiving the Lottery funds in the bank account. The
Business Affairs team has also has written a step-by-step guide for filmmakers
when they need to draw down funding from the UK Film Council. The
combination of this training and the guide have reduced the number of queries
coming from filmmakers. The training sessions also flag up problems that might
arise in the production, such as broadcasting compliance issues or use of music,
and allow filmmakers to hear about issues that other filmmakers may be facing.
The Digital Shorts partners also run their own training sessions which may touch
upon some of the same issues.
Sales and distribution: rights and recoupment
The UK Film Council's Business Affairs department is also often asked to look at
sales agency/distribution agreements on behalf of the filmmakers (for Completion
Fund or Cinema Extreme), or for the partners (on Digital Shorts) in order for them
to avoid seeking and paying for external legal advice.
The distribution rights to Cinema Extreme and Completion Fund films are held by
the producers, but they can appoint a sales agent if one is interested. After
experimenting with a third party sales agent for Digital Shorts (Short Circuit), the
distribution rights in Digital Shorts are now held by the National and Regional
Screen Agencies for two reasons. Firstly, to ensure transparency on any income:
the fact that the UK Film Council has the contractual right to recoup means that,
in order to comply with Lottery Financial Directions, it has to exercise a level of
diligence in enforcing that right. Secondly, in terms of the legacy of short films, it
is assumed that, for third parties seeking a licence to show a film in ten-20 years
time, it would be easier to approach the National and Regional Screen Agencies
or their successor bodies for permission, than to try to track down a defunct
production company.
In addition, not all Digital Shorts are produced through production companies.
Often the individual producer, writer and director enter into an agreement
directly with the relevant National or Regional Screen Agency which effectively
acts as a production company, and therefore needs to hold all rights centrally.
Despite the fact that short films do not generally recoup their investment, some
films do generate income. Certain shorts have been sold to HBO, Arte France and
the MTV Network, for example. However, data on distribution/sales are patchy.
Data should be provided directly from producers to the UK Film Council for the
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