Question for FilmTVLaw.com:

I’m hoping you can help me to decide if I should produce my new project as a movie or a TV show. I think it could go either way, and a lot of my friends encouraged me to try to produce it as both. What do you think and can you help me get it produced?

Answer by Brandon Blake, Entertainment Lawyer:

This is certainly the big question these days and there are a lot of different ways to think about it. When I represent television series and feature films during development, I gain a lot of insights by talking with network and studio executives. I’m happy to share some of those insights with independent producers because I think it will make a big difference to the decision of how to develop a project. Please also check out the library of entertainment industry articles I have published over the years at https://filmtvlaw.com/entertainment-lawyer-qa.

FORMAT

First off, just to cover the basics, it is probably a good idea to clarify what it means to choose to develop a project as a feature film or as a television series. A feature film is developed as a single production, over 80 minutes in length. Conversely, a project developed as a television series should be conceived of as not a single program, but instead as a series of programs, typically in the 30 minute or 60 minute format. Episodes of 10 or 15 minutes are not typical for network or cable series, except sometimes for animation. Web series can be much shorter episodes but producing a project as a web series means you will not find broader network or platform distribution for the project. Likewise, a series should be considered in the context of at least 6 episodes, because anything less is not typical television development.

If a producer’s ambition is to first produce a feature film, then move into a television series based on the feature, then that is typical feature film distribution and it is not necessary to develop the series simultaneous with the feature.

One idea that pops up quite often is that a feature script of 80 or 90 pages can also be pitched as a television pilot. However, serious producers acknowledge that there is a big difference between an 80 page pilot and an 80 page feature film. It makes a lot of sense to solidly choose a direction early on.

MARKET DIRECTION

As I mentioned, a lot of articles about film and television development dwell on the market direction, so as to determine where there will be the most potential finance and audience available for your completed project. I do not agree that this is necessarily the major concern for most independent producers, but it is a good idea to go into your project development with your eyes open to the realities of the market.

The reality is that today, the market for television content is substantially greater than for feature film projects. That is being driven by a couple of factors. First, the platforms including Netflix, Amazon, Hulu, Peacock, HBO Max, and Disney+ all want to acquire a lot of content to fill out their services, and the easiest way to do that is through series rather than a lot of one-off feature films. Second, many of the platforms believe that series create more follow through with users, who will watch more content when it is produced in a series format, while they are more picky about choosing new features. Finally, financing is more difficult for features, because most feature films require private equity investors. More about that later in the article.

But despite all of that, many more feature films are produced than series, which really is not a benefit to the independent producer, because despite the smaller market and lower financing available, there is also more competition in the market with other features.

That all would tend to support pursuing television development for a project, but again, I don’t think most producers should strictly decide on how to develop a project based on market factors.

CREATIVE DEVELOPMENT

Just as important as market factors, independent producers should consider creative issues when deciding on whether to produce a project as a feature film or television series. This breaks down into a couple of different considerations.

Format: First, can a project really fill out at least 6 to 12 episodes, meaning at least 6 hours of content? Not every feature can be stretched out into multiple episodes successfully. I also think it is a big error to imagine that every television series is just a very long movie. That is not the case. There are fundamental differences between the structure of a series and the structure of a feature film.

Budget: Second, do you have access to financing to 20% to 50% of the feature budget, or can you raise it in short order through private investors or self-financing? If the answer is yes, then you might be in the position to have the cameras rolling in the next 3 to 6 months, and that is a very attractive proposition to many independent producers. A television series is going to take longer to develop, longer to green-light, and longer to shoot.

A-List Cast: Third, how interested are you in name cast? The fact is, to rise above the noise of the independent film market, producers need to attach A-list (or best available) cast to their feature projects. That means working with a law firm like ours to make offers to lead cast members. It also means catering to cast in terms of the types of roles that are written into the script. There are amazing, interesting characters that no actor wants to play. So “castability” has to be a consideration when going the direction of feature film development.

Story: Forth, how important is story to you? Careful on this one. Like most people, for years I felt that feature film tended to have better writing and sharper, more contained stories. However, what I have discovered over the past few years is that network creative and development executives really care about story and character. In fact, time and time again, when I am representing a series to networks, the first thing a development VP will ask me about is the story or the characters. If you think about it, that really is how it should be.

Conversely, there are quite a few conversations I have with film companies where at some point in the conversation the executive will tell me that “we don’t care about scripts.” A lot of film financiers will ask for a copy of the financial plan before the script! Instead, cast attachments, equity financing sources, and distribution guarantees often take precedent over the story and characters.

There are a lot of good reasons for that happening in the feature film world, mostly revolving around the absence of secure financing for feature film projects. However, I can’t help but feel like the entertainment industry is gradually moving to a world where producers and writers that care about quality are going to increasingly gravitate toward television development.

Our firm can get your project to major networks, platforms, and film studios and production companies. Feel free to contact our firm about film or television development representation. As with all complex entertainment matters, please seek experienced entertainment legal counsel before making legal and financial decisions. This article is for informational purposes only and does not represent legal, accounting or tax advice. Do not act on this article without hiring legal representation.

- By Brandon Blake, Entertainment Lawyer