{"id":37,"date":"2010-10-05T09:35:23","date_gmt":"2010-10-05T09:35:23","guid":{"rendered":"http:\/\/kevinkinsey.whsites.net\/?p=37"},"modified":"2010-10-14T19:18:55","modified_gmt":"2010-10-14T19:18:55","slug":"how-to-finance-a-hollywood-blockbuster","status":"publish","type":"post","link":"https:\/\/kevindkinsey.com\/?p=37","title":{"rendered":"How To Finance a Hollywood Blockbuster"},"content":{"rendered":"<p>As paradoxical and absurd as it sounds, it&#8217;s cheaper for a Hollywood  studio to make a big-budget action movie than to make a shoestring art  film like <em>Sideways<\/em>. Consider Paramount&#8217;s 2001 action flick <a href=\"http:\/\/www.imdb.com\/title\/tt0146316\/\" target=\"_blank\"><em>Lara Croft: Tomb Raider<\/em><\/a><em>.<\/em> On paper,<em> Tomb<\/em> <em>Raider<\/em>&#8216;s  budget was $94 million. In fact, the entire movie cost Paramount less  than $7 million. How did the studio collect over $87 million before  cameras started rolling?<\/p>\n<p>First, they used the German tax-shelter gambit. Loopholes in Germany&#8217;s  tax code are responsible for a good portion of Paramount&#8217;s profits\u2014an  estimated $70 million to $90 million in 2003 alone. Best of all, there&#8217;s  no risk or cost for the studio (other than legal fees).<\/p>\n<p>Here&#8217;s how it works: Germany allows investors in German-owned film ventures to take an <em>immediate <\/em>tax  deduction on their film investments, even if the film they&#8217;re investing  in has not yet gone into production. If a German wants to defer a tax  bill to a more convenient time, a good way to do it is by investing in a  future movie. The beauty of the German laws as far as Hollywood is  concerned is that, unlike the tax laws in other countries, they don&#8217;t  require that films be shot locally or employ local personnel. German law  simply requires that the film be produced by a German company that owns  its copyright and shares in its future profits. This requisite presents  no obstacle for studio lawyers.<\/p>\n<p>The Hollywood studio starts by  arranging on paper to sell the film&#8217;s copyright to a German company.  Then, they immediately lease the movie back\u2014with an option to repurchase  it later. At this point, a German company appears to own the movie. The  Germans then sign a &#8220;production service agreement&#8221; and a &#8220;distribution  service agreement&#8221; with the studio that limits their responsibility to  token\u2014and temporary\u2014ownership.<\/p>\n<p>For the privilege of fake  ownership, the Germans pay the studio about 10 percent more than they&#8217;ll  eventually get back in lease and option payments. For the studio, that  extra 10 percent is instant profit. It is truly, as one Paramount  executive told me, &#8220;money for nothing.&#8221; In the case of <em>Lara Croft: Tomb Raider<\/em>, Paramount sold the copyright to a group of German investors for $94 million through <a href=\"http:\/\/www.tmg.de\/\" target=\"_blank\">Tele-M\u00fcnchen Gruppe<\/a>, a company headed by German mogul <a href=\"http:\/\/www.worldscreen.com\/interviewsarchive.php?filename=kloiber.txt\" target=\"_blank\">Herbert Kloiber<\/a>.  Paramount then repurchased the film for $83.8 million in lease and  option payments. The studio&#8217;s $10.2 million windfall paid the salaries  of star Angelina Jolie ($7.5 million) and the rest of the principal  cast.<\/p>\n<p>Paramount made some more preproduction cash by taking  advantage of the British government&#8217;s largesse. To qualify for Section  48 tax relief in Britain, the movie had to include some scenes filmed in  Britain and employ a couple of British actors. Given <em>Lara Croft<\/em>&#8216;s  peripatetic plot, neither condition presented an artistic problem.  Again, Paramount entered into a complex sale-leaseback transaction, this  time with Britain&#8217;s Lombard Bank. Through this legal legerdemain, the  studio netted, up front, another $12 million\u2014enough to pay for the  director and script.<\/p>\n<p>To pay for most of the rest of the movie, Paramount sold distribution rights in six countries where the Tomb Raider <a href=\"http:\/\/www.tombraider.com\/\" target=\"_blank\">video games<\/a> were a big hit with teenage boys. These pre-sales in Japan, Britain,  France, Germany, Italy, and Spain brought in another $65 million.<\/p>\n<p>Through  this triple play, Paramount earned a grand total of $87.2 million. The  remaining budget\u2014less than $7 million\u2014would be covered by licensing the  film&#8217;s U.S. pay-television rights to Showtime (a network owned by  Paramount&#8217;s corporate parent, Viacom). At no cost to its treasury,  Paramount launched a potential franchise\u2014don&#8217;t forget that sequels can  be financed with the same &#8220;risk management&#8221; techniques.<\/p>\n<p>Why couldn&#8217;t <em>Sideways<\/em>,  which cost just $16 million, use these tricks to pay off its much  smaller budget? Because the international financing game favors  big-budget movies with international appeal. Even if a $16 million  production did entice a German tax shelter for some reason, the lawyers&#8217;  bill for arranging the transaction would eat up most of the leaseback  skim. A movie like <em>Sideways<\/em>, which is artistically grounded in  California, would also have a hard time qualifying for the British tax  subsidy. And finally, <em>Sideways<\/em> lacked the advance name recognition that&#8217;s required to ring up large pre-sales in foreign markets.<\/p>\n<p><a name=\"p2\"><\/a><\/p>\n<p>Of  course, it&#8217;s not only Paramount that employs these devices\u2014every studio  uses them to minimize risk. Remember all those stories about how <a href=\"http:\/\/www.canoe.ca\/JamLordOfTheRings\/dec16_trilogy-sun.html\" target=\"_blank\">New Line was betting its entire future<\/a> on the <em>Lord of the Rings<\/em> trilogy? Not quite. New Line covered almost the entire cost by using  German tax shelters, New Zealand subsidies, and pre-sales. If studio  executives don&#8217;t crow in public about such coups, it&#8217;s probably out of  fear that such publicity will induce governments to stiffen their  rules\u2014as, for example, Germany periodically does with its tax code. When  you&#8217;ve got a golden goose, you don&#8217;t want to kill it while it&#8217;s still  laying eggs.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>As paradoxical and absurd as it sounds, it&#8217;s cheaper for a Hollywood studio to make a big-budget action movie than to make a shoestring art film like Sideways. Consider Paramount&#8217;s 2001 action flick Lara Croft: Tomb Raider. On paper, Tomb Raider&#8216;s budget was $94 million. In fact, the entire movie cost Paramount less than $7 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-37","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=\/wp\/v2\/posts\/37","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=37"}],"version-history":[{"count":7,"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=\/wp\/v2\/posts\/37\/revisions"}],"predecessor-version":[{"id":198,"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=\/wp\/v2\/posts\/37\/revisions\/198"}],"wp:attachment":[{"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kevindkinsey.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}