Archive for the ‘Licensing’ Category

I personally believe that success at anything requires a good team and a great project.  This requires a fantastic idea or product and the money to retain quality people.  Surround yourself with the most professional people you can, delegate authority to them  and ensure everyone completes their tasks on time.

As I built my team by adding lawyers, accountants, a Trademark agent, sales people, computer pros, etc., I found it easier to raise the funds necessary to make each project I was working on.  Different projects require different professionals so choose wisely to ensure everything is covered.

How do you convince the right people to join your team?  I will use the movie industry as an example:  First create a great idea that will attract those that will work with you because they want to be associated with such a cool project and they believe it will attract millions of viewers and be profitable. If your high concept has the potential to do this, then your chance of gaining the interest of a reputable producer and actors (if there is a strong character arc) improves and which in turn, can bring a studio on board.

l think Johnny Depp is one of the most talented actors we have on Earth and I go to everything he is in, even RANGO, his animated movie is on my ‘to see’ list.  To attract an excellent actor,  you need a great unique story with an excellent character for him/her to play.

Make sure your initial idea is turned into a Logline, a brief pitch,  a synopsis  and a solid treatment or better yet, a completed Spec Screenplay.  The more developed the product/script is, the easier it is to get to the next level.  The day your screenplay lands on a producer’s desk is because they already want to read it and your concept got them interested enough to ask for a copy.

Make sure your protagonist/hero has a fear he/she must face or an emotional problem they must overcome or a hard to reach goal.  A role that an ‘A’ list actor can sink their teeth into and desire to play the part.  If you can excite an actor or two, especially the type that distributors, producers and studios love, you are on your way.  Most people will say approaching stars/actors directly is not a good idea but I believe the more you package a deal – the more chance you have at Hollywood noticing you.  Some talent agencies frown on this but you can always ensure that the contract you have those involved sign is dependent upon certain closing conditions (another post for another time). That way if a more talented actor wants in or the Studio/Producer want another actor, you have the ability to do what it takes to move forward.

Your lead character’s actions should flow toward the achievement of their objective.  The obstacles you put in the way generates the plot and the greater and greater obstacles – the better the plot.

During the hero’s journey overcoming obstacles to reach their goal, they must transform themselves personally.  After facing their fears or reaching their goal – this defines your character’s arc – if your lead character is the same at the end of the story as they began, the character has no character arc.  The combining of character arc and how they faced the obstacles creates the underlying theme of your story.

With an excellent character arc, you have a better chance at attracting a star or famous director.  Take into account, that directors and stars have many scripts to choose from, you need yours to stand out above the others.

Once you track down the people you require to make your project, you will have to compensate them in some way.  Normally this is with some form of currency.  Some actors have ‘Pay or Play’ deals (these are where the person gets paid the agreed amount if the movie or product gets made or not).  Since we all know everything is negotiable, don’t forget to offer them something else if you don’t have the money at this moment in time.  Be creative because you never know what may entice the all important next element to ensure success.

A credit in your film or some form of recognition can interest those that would like to add to their resume.  For someone who is already famous or popular giving them points in the project may be the needed factor to gain their interest (the more you offer of the back-end revenue, the less you normally pay up front to retain their talent).  Careful as this could lead you to earning less in the long run.

Hollywood studios  buy over 10 times as many scripts as they produce into movies, so hopefully your screenplay or product will be the one that is made because you got the right people on board and attracted those that draw the funds to make the project a ‘Go Picture’!

Stay focused on achieving your goals and in time and with the right team, anything can happen.  A little good luck can also help you become successful.

Sandford Tuey

admin@Playdigm.com

Persistence is Omnipotent!

Posted by admin on February 22, 2011

Q: What is the going rate for a licensing fee percentage?

2E: This can vary depending on the industry you are in.  On average, in the entertainment industry, a back-end licensing royalty can range from nothing to what ever you can negotiate.  Depending on your entertainment lawyer, you should be able to obtain or pay 5 % to 15 % of the sales prices of the item the brand you are licensing is sold for.

I have also seen the licensing fee be part of the manufacturing cost too as it is easier to calculate and keep track of for the manufacturer/licensee.  My preference is to pay no more than 10 percent for easy math purposes and because that is what Stan Lee receives from his Marvel settlement.  Even J.K. Rowling gets 10 percent so why ask for less (unless you are getting a huge advance then everything changes).

For example: A screenwriter can option a screenplay and receive an option advance.  When their script is being produced into a film, then the total payment amount owed is usually paid minus any advance.  Most times writers get this principle amount in tranches upon completion of certain rewrites and polishes, etc…

In the end, remember… everything is negotiable.  If you don’t ask for the best deal – you won’t get it.

If you have a question about the Toy, Film, Television, Game, Comic, Licensing & Branding industries just ask.  I’ve been at this since 1985.  If I can’t answer it, I may know someone who can.  After all – it’s who you  know that counts too!

Sandford Tuey

Send questions to admin@Playdigm.com

Posted by admin on February 5, 2011

Back in 1986 I was expanding my company’s product line at the advice I received  from buyers of games attending the American Toy Fair in New York.  We only had the Original Bruce Lee Martial Arts Game at the time and the facts were made clear.  It costs almost the same amount of money to activate a Buyers Account for a one game company as it does for a company with many products.   Therefore, they prefer to purchase from companies with a product line.

So all that year, my friends and I worked on designing new games for the company.  That is how Night of the Ninja – a Reality Role Playing System came into being, as well as my Terminator board game.

I loved the original James Cameron Terminator film and immediately after seeing it I started work on a board game.  It took several months, but an interesting game was created so I contacted the company Hemdale, who controlled the rights at the time.  I was told it was a bad time to try and license the Terminator brand.  It seemed that Mr. and Mrs. Cameron were in the midst of a divorce and the rights to the proprietary property were in dispute (Gale Anne Hurd was producer of Terminator and claimed co-creation of it as well).

While at the Chicago Hobby Industries of America trade convention, I saw a Japanese model company with a 12 inch Terminator robot model. After a long conversation about how they got the legal right to manufacture a product based on the powerful Terminator brand, I bought one.  They had negotiated their deal prior to the legal complications between Mr. Cameron and Ms. Hurd.

Not being so lucky, I ended up with a fantastic Future Robot versus humans board game but very risky to manufacture and market without the Arnold Schwarzenegger robotic look and story. A generic version would require a huge marketing budget to get the world to know it existed. Whereas, a product with the Terminator brand on it would receive instant recognition.

After waiting years for the legal dispute to be settled, I once again contacted the licensing rep but since the entire project rights had been sold to a new company, the licensing costs had skyrocketed.

I waited again for years and now the Terminator rights are again in question since “Salvation”  and Sony  watched three companies owned by Anderson and Kubicek who own the Terminator rights filed for bankruptcy, triggered by a disputed debt owed to Pacificor, LLC, a Santa Barbara hedge fund that loaned them money to make the purchase, along with working capital.

Until this mess is over, I won’t be attempting to license the famous Terminator rights.  Mind you, if the rights do become available, maybe you could buy them and cut me a sweet deal (lol).  My board game captures the flavor and story perfectly *(so if there are any major game companies out there give me a call because maybe you are able to afford it).

The key is to keep pursuing your projects and if one iron in the fire grows cold, grab another and get it red hot.  Sooner or later the Terminator iron may get hot again, but they sure better make the franchise generate a lot more buzz and money or it may not be worth as much as they are presently asking to charge licensees.

Sandford Tuey

admin@Playdigm.com

Persistence is Omnipotent!

Posted by admin on January 29, 2011

Canadians watch a lot of television but rarely think about the laws and regulations this industry is monitored by. The Canadian Radio-Television and Telecommunications Commission (CTRC) ruled recently that private TV networks now can negotiate more compensation from cable and satellite distribution companies for the right to broadcast their signals. Standard procedure in today’s economic reality.

Canadian network broadcasters requested additional fees to offset declines in audiences and advertising due to new specialty channels and the Internet.  Cable and satellite companies warned any additional fees imposed by the CRTC would be passed on to consumers. So expect that to happen to your bills.

Changes to Canadian content rules now have broadcasters needing to spend a minimum of 30% of annual gross revenues on homegrown content, and 5% on “programs of national interest.”  The Can-con requirements were lowered from 60% to 55%. Half of the programming from 6 p.m. to midnight will need to be Canadian.

This is not good news for Brands created in Canada.  Creators of brands will  have less television time to promote their projects.  Strange that a Canadian governing body would reduce its ability to achieve its mandate of protecting  Canadian Content.

An Ipsos Reid poll showed Canadians are spending more time online than watching television. Brand creators may need to shift their launch and promotion of their brands to more global internet activities.  That is my recommendation at this time.

Even though television has high-definition format in its favour, and remains the more dominant medium for advertisers, the computer is increasing as an entertainment focus point, especially for younger demographics.  Also the cost to watch your favourite shows on the internet is lower than cable/satellite and is more convenient since you can view them when you want and not during the restricted fixed time-slot of a network offers.

Either way, the global audience of the internet will still absorb new shows, characters and brands faster and faster.  This is a great time to create and launch brands with international interest.  In the end, focusing on just one nation is not a good brand development strategy – think big – think worldwide.

Posted by admin on November 5, 2010

Every Halloween I keep a tally of the different costumes I see at Helloween parties I attend and trick or treaters on the streets. Kind of a personal general brand popularity poll.

Last night at the new Fairmont Hotel in Vancouver there were almost 150 people at the costume party.  You can tell which brands are doing well by how many people wear the same or similar costume.

The ranking of the Halloween Party Brand Poll :

5) Angels and Fairies with wings on their backs.  Hard to pin point which brand they were promoting but one thing for sure, the ladies in these costumes definitely had halos.

4) Older Advertisement  characters – Tony the Tiger, Count Chocula, old school brands.  Since this crowd was above 30 you could expect some unexpected historical references that still appear now and then in culture.

3) Zombies & Vampires – lots of them.  Problem here is which movie/show/brand are they portraying?  When asked there were a few Twilight characters.

2) Sultans, princes, lords and ladies from the Medieval Ages.  Again, hard to pin-point which character or brand these costumed partiers were portraying.

1) …and the most popular costume of the night was – Pirates.  All seemed to want to be Jack Sparrow or some other cut throat scury dog.

I am not sure where all the Batman, Spiderman, or other comic characters were (guess they were at another party).  I was surprised at how few international branded characters were in attendance.  Or how few television based characters there were.

All in all – everyone had fun and that’s really what All Hallow’s Eve is about. Be safe and make sure you check out what others are wearing.  Brand popularity can be calculated by mindshare, which is observed in what people dress up as.  This may not be an exact science but ask anyone wearing a costume why they chose the one they have on and their response will usually be that they like the character or brand. If they say they don’t know, the brand has been subliminally imprinted. This simple study is done while having fun!

Have a great Helloween!!!

Sandford Tuey

Posted by admin on October 31, 2010

Older Brands

10-19-10

The other day one of my writing partners and I were talking about old brands and what makes a great name for a character.  The obvious thing is to ensure that it is catchy and memorable.  G.I Joe, Major Matt Mason, Barbie all had to use repetition to become well known.

While other names of products leveraged popular icons of the day – Davey Crockett, Apollo (models, toys and films), most comic properties like X-Men, Spiderman, Batman, Hulk, etc…

So to gain awareness of your project you can either a) advertise a lot and/or get your characters/products in front of large audiences via a tv show or movie;   b) license an already popular and well known name like Bruce Lee, Chuck Norris, Bob Marley, Halo, etc to get instant fan recognition.

Either way costs money and developing a brand from scratch can get expensive real quick.  Unless you luck out with a video that goes viral or you obtain an endorsement from a major celebrity or other well known entity, expect to invest huge amounts of money and time before everyone knows your character’s or product’s name.

Posted by admin on October 19, 2010

What is a brand?

09-23-10

According to Dictionary.com a brand is -

–noun

1. kind, grade, or make, as indicated by a stamp, trademark, or the like: the best brand of coffee.
2. a mark made by burning or otherwise, to indicate kind, grade, make, ownership, etc.
3. a mark formerly put upon criminals with a hot iron.
4. any mark of disgrace; stigma.
5. branding iron.
6. a kind or variety of something distinguished by some distinctive characteristic: The movie was filled with slapstick—a brand of humor he did not find funny.
7. a burning or partly burned piece of wood.
8. Archaic. a sword.
–verb (used with object)

9. to label or mark with or as if with a brand.
10. to mark with disgrace or infamy; stigmatize.
11. to impress indelibly: The plane crash was branded on her mind.
12. to give a brand name to: branded merchandise.
13. to promote as a brand name.
Origin:  bef 950 ME, OE: burning, a burning piece of wood, torch, sword.
==========================================
Well, lets deal with definitions 1, 6, 12 and 13, since the others are not directly related to the licensing version of the word BRAND.
A particular product or characteristic that serves to identify a particular product from another.  A trade name or trademark.  To give a distinctive identity by means of characteristic, design. packaging, concept, etc…
Legal counsel that I have discussed this topic with have said that it is important to ensure your brand does not cause confusion with other brands, products, services, etc… so that consumers do not think yours is almost identical with another.  So make sure your brand is different and especially looks different than anything on the shelf or market.  Then you will have a unique brand and that is the most important thing of all when trying to brand something.
For example – I am the only Sandford Tuey on planet Earth.  It is easier for me to stand out when someone searches for me on a Search Engine like Google or online.  It is much harder to stand out if I was one of a thousand others with the same name.  Otherwise, what ever you do has to be superior to whatever the others with your same brand name do to help make you known to your target market and audience.
What kind of strategy do you have to ensure you and your brands are noticed by the world?

Posted by admin on September 23, 2010

Better reserve your personal name on Facebook, My Space, Twitter and as many other social networks as you can.  If you haven’t registered a domain using your name, you better do it fast.  Why?

First, it makes it easier for your family and friends to locate you online.  It also is a way to establish a beach-head for your presence online.

Second, branding is big business and becoming even a semi-celebrity can make you money.  The more famous you become the more money you can earn.  The internet is able to generate revenue for you – just by being you.

Third, the more you cross pollinate the social media’s, the faster people will become aware you exist.  So start making a presence online as soon as possible if you intend to sell something internationally (services or products).

If you are lucky like me that there is only one person on this planet with your name, it makes it easier to stand out from the billions of others online.  However, when you are like Stephen King, you need to do something to establish yourself from the other Kings of the world.

Social media is one method to get the world’s attention and keep it.

Posted by admin on August 27, 2010

I have located a couple publishers that can print graphic novels (one at a time or in large amounts) for a reasonable price.  The next step is to raise the funds to complete the graphic novel, which is three-quarters finished.  The end is written and Scott Lee is willing to do the artwork but we still need to have the funds for the colorist and lettering people – then of course the print run.

Normally, Diamond (the distributor for Marvel, Image, Darkhorse and DC Comics) requires an advertisement in their Previews magazine so that our product will be included in the order form inside.  It is advisable to run the full color ad a few months in a row to get the retail store owners to be aware of the Galactic Gladiator’s graphic novel.

So if you would like to help launch the GG graphic novel by donating or investing contact admin@Playdigm.com.

If you just want to show your support in this fresh and unique story, characters and anti-war story wrapped within an intergalactic war, let us know by going to the Galactic Gladiators facebook page and leaving a comment on the wall.  Either way, we appreciate your support and interest.

http://www.facebook.com/home.php?#!/pages/Galactic-Gladiators/139310256105856?ref=ts

Cheers!!

Posted by admin on August 21, 2010

Okay – been very busy redesigning the new Galactic Gladiators website and adding a Facebook page.  You can check out FB by searching Galactic Gladiators once you are logged into Facebook, but be sure to go to the Official page (Tessa is on the cover of GG issue 2) = the profile photo.

Setting up contracts for Finders Fee agreements for those interested in raising money for the graphic novel and film project.  Get a piece of this excellent entertainment project and brand.

Send email to admin@Playdigm.com and put ‘Finder’ in the subject line.  I will send you more info.  Scott Lee is ready to start the artwork!

Cheers!

Posted by admin on August 12, 2010