Question for FilmTVLaw.com:

This is a question I’m sure you've seen before. However, I have a project with solid potential in the works. As it stands right now, it could be well developed as either a TV project or a film, and I’m not too sure which way would be best to pursue. Friends, even some in the industry for years, seem torn, and some have even suggested trying for both. I worry that that would split my focus too much, honestly.

Do you have any advice for this situation? What is my best bet to get this project into production?

Answer by Brandon Blake, Entertainment Lawyer:

Great question! This is something of a million-dollar question at the moment, and you are right- you won't be the first (or the last) to face this dilemma. As we see so often in the entertainment industry, there’s no one-size-fits-all solution, either, and many factors can affect your ultimate decision. However, as someone who works very closely with both studio execs and networks/streamers, I do have some insights I can share with indie producers like yourselves which I hope will offer you some guidance on how to further develop this project. If you have any other questions on the entertainment industry, you’ll find a host of other tips at https://filmtvlaw.com/entertainment-lawyer-qa to help.

Now, on to your question.

TV vs Film Development

No doubt you’re already aware of some of this, but let’s start with a review of the basics. Feature films, of course, are developed as a single production, with a format over 80 minutes in length. When developing for TV instead, you are looking at an episodic format in the 30-60 minute range, with scope for expanded storytelling but a need to maintain the speed of pacing and audience interest over a far longer total runtime while still delivering satisfying chunks of action throughout each episode. Short run series keep getting shorter, but 6 episodes is still a good minimum target.

Perhaps I should also mention that, while 10-15 minute episodes can be found for some animation and children’s formats, it’s seen as the hallmark of the web series rather than a serious TV contender. Developing as a web series will typically lock you out of network interest and distribution via a streaming platform.

Your friends advising simultaneous development have either been misinterpreted, or have the wrong idea of how that situation could work. Some producers will choose to first aim a story with extended potential at the feature film market, with the hopes of it then moving into a ‘spin-off’ style TV series. You need only look to the Marvel franchise for many examples. If you decide this is the future you’d like for your work, your focus should be solely on developing a compelling feature film, not developing the series alongside the film.

We do sometimes see ‘advice’ suggesting that an 80-90 page film script could also be pitched as a TV pilot. I advise against this. Serious producers know that there’s a world of difference between a 90 page pilot and a 90 page film (and pilot’s shouldn’t be 90 pages). You’re better off choosing a solid direction and working to showcase your project to the best for a specific format rather than trying this attempt to cover all bases.

What the Market Says

Now onto the meat of your question. You will see that most advice on similar topics focuses heavily on the market and current trends. And that should definitely inform part of your decision. Having financing and an audience that’s open to your work matters. However, there are other factors that should also influence which you choose, and it’s important not to lose sight of them chasing trends. Market realities matter, however.

Right now, the streaming platforms themselves are chasing high-value content. Especially as the initial streaming boom of the pandemic settles down, and we reach the ‘crunch years’ that will sort out which streamers survive and sustain their subscribers, and which fail or become relegated to the B- and C-tiers. They want full content rosters to fill their screen time and draw in new eyes to the service.

Series obviously have an advantage here. Not only do they offer hours more streaming content, some believe that viewers become better ‘invested’ in series-style programming, and are more choosy with what features they will consume.

In the recent past, I would also have advised that financing can be more difficult for features, as the typically higher budgets require investors with private equity to boost your coffers. The evolution of so-called ‘top tier’ series formats with immense budgets (think Game of Thrones or Rings of Power) has muddied this a little. However, we’ve also reached an era where streamers are willing to invest that heavily in one or two anchor series like that, but they still have more scope for mid-tier solid and dependable series. The non-blockbuster film market, on the other hand, is a sector that's been slow to recover.

However, you’ve likely noticed that more indie films get made (still) than TV series. Despite the smaller market and tighter financing, there’s a lot more competition for those spots. Also worth noting is that TV series currently rule the viewer metrics. It’s rare to see a feature film on the Nielsen Top 10 list for a week or even the month period currently.

So from a pure market perspective, TV looks increasingly like the way to go.

The Development Process

But the market isn’t everything. Your creative process matters too. Delivering a sloppy TV pilot that could have been an excellent feature film will do you no favors. Consider:

●       Length and Format: Do you have the means to create at least 6 hours of solid content in the series format? Not every idea can stretch easily, and good series are not just over-length movies.

●       Budget and Time: If you have the means to supply or raise part of the budget (think 20-50%) for a feature film, you can get the cameras rolling in a surprisingly short time. TV shoots take longer to develop, green-light, and shoot.

●       Cast: If you’re craving top-tier cast, know it’s nearly a necessity in the indie film market. You will need contacts (like a law firm like ours) to source that cast. And with A-tier casting comes the expectation that you will cater the role to their tastes. Cast is still important to series too, of course.

Last, but not least, there's the story. Film has a reputation for tighter, more contained storylines. But some stories and characters are better developed over the length of a series. Sometimes, you will find film producers dismissive of that, with a greater focus on financing and planning than the script itself. It's not a given, of course, but this is creating a trend where the better stories are now being told in series formats. Films are increasingly about fast action and solid backing from cast and financiers.

By carefully evaluating these key areas and considerations, you should arrive at the right direction to pursue for your own project. Of course, I can only offer these tips and insights as general information, and you shouldn’t consider this project-specific advice. Always seek experienced entertainment legal counsel before making financial or legal decisions.

Should you need help bringing your project to life on major streamers, networks, and studios/production companies, our firm is well placed to help you make the connections you need. Feel free to reach out to us about your TV or film development representation as you need.

- By Brandon Blake, Entertainment Lawyer