Sundancing the Indie Biz

 First published February 4, 2013

Low budget indie movies are hot.

That is supposedly the message from the recent Sundance Festival, where distribution purchase records were being set. Titles were being grabbed at $2.5 million (Fruitvale),  $4 million (both Austenland and Don Jon’s Addiction), and finally hitting the grand jackpot of $10 million for The Way, Way Back.

Are they sure this was Sundance? Sounds more like a sweepstake being worked by Ed McMahon. But hey, it’s a great boom for a few indie filmmakers. The question is: Does this help the indie business?

It certainly suggests a resurgence of interest in medium budget movies. Take for example The Way, Way Back. It’s not really low, low budget. It was directed by the two guys who previously scripted The Descendants, which means that they are not exactly newcomers. (If you count TV, they’ve been around for a while). It’s designed to be a slightly quirky, mildly feel-good, low key crowd pleaser.

In other words, it is the kind of movie that mainstream Hollywood use to make on a more regular basis several decades ago.  This is the case with virtually every one of the movies that received large pay outs (the notable exception being Fruitvale). It is a reminder that there is Indie (capital “I”) and then there is indie (small “i”). Not to criticize any of these films, but there is a difference. I mean I like both donuts and doughnuts, but I have been thoroughly lectured by some hard-core baker types about the difference.

These generous purchases at Sundance will not necessarily mean much for the vast majority of Indie (capital I) filmmakers. In principle, they can’t hurt. They say a rising tide lifts all boats.

Except it really doesn’t. Not in this case. The cash outflows in this process have been very narrow in focus and will not raise the price in other movie categories.

Then there is the other little problem. Of all the movies that received large pick up deals, most likely only one will ultimately go any where. At the best, several of these movies will do some modest business. One of them – maybe – will go wide and prosper. This is simply the harsh logic of modern movie distribution.

Unfortunately, such harsh logic also sets the stage for a perceived pattern of failure, which will depress the rest of the business. Sometimes a high tide sinks all boats.

Which is where the other side of Sundance comes into play: The VoD market was also hot. Technically, the emergence of VoD was supposed to be a major focus at this year’s festival. It got a bit lost in the news reports, but it was there.

The VoD debate usually comes down to the question of online distribution versus theatrical release. In reality, there isn’t much of a debate. Most low budget Indie (again, capital “I”) movies will either have no theatrical distribution or, at the very least, extremely limited release (often 6 to 12 screens, tops). Then they turn to VoD.

In the past, this pattern was viewed as failure. But it isn’t. Limited theatrical exposure can be serviceable as an advertisement for VoD. Digital distribution is already a major extension for indie release and will, within the next several years, largely replace theatrical presentation. The real issue is what role, if any,  theaters will have in the emerging new system.

Perhaps the most significant Indie (capital…you know the drill) moment at Sundance was the screening of Escape From Tomorrow. Made for just over half a million and employing guerrilla filming techniques as well as the Canon EOS 5D camera (looks like a standard still camera but has a video mode), the movie is already a major legal controversy due to its unauthorized use of Disney World as the main location.

Disney is still debating what – if any – legal actions they may take against the film or film-maker. As a general rule, it is not a good idea to film at any commercial location without approval. Oddly enough, Columbia Law Professor Tim Wu argues that a solid legal argument can be made in favor of the film. Most likely, the winning argument will have to be sorted out in court.

But doesn’t this narrative sound a lot more like it is related to “Indie” rather than “indie” film-making? Heck, the threat of legal action by Disney is the greatest kind of press a low budget movie could ask for! Escape is also a fantastic model of just how far digital film production has progressed. It doesn’t even matter if the film is any good (though the initial reviews are positive). It is already some kind of bizarre but important benchmark.

Which also means that Escape From Tomorrow has delivered on the full, genuine, and potent promise of Indie film-making. The filmmakers have taken all of their weaknesses and played them for strengths, tossed the conventional rule book out the window, and plowed ahead with the single-minded determination to make a movie.

Sometimes that really is what the business is all about.