So you wanna know about deficit financing of television shows and how they're sold into syndication? Okay, your funeral! Read on...
How are tv series financed, produced, and licensed in the traditional broadcast tv model? I’m talking about ABC, CBS, NBC, FOX, CW-- the networks that “air” shows that are regulated by the FCC and you can get them free with an antenna.
You may have noticed that each of these companies has a network and a studio with a confusingly similar name. Or confusingly different. ABC network has ABC Studios (among others). CBS, CBS Studios. NBC has Universal.
Then there’s major studios with no network affiliation like WBTV, Sony, and Lionsgate.
In broadcast tv, the studios produce the series. The network airs them. You can look up the long history of antitrust regulation and vertical integration to understand why, but here’s how it works:
ABC Studios takes your pitch to ABC network, they love it & you negotiate a deal w the studio. The studio pays you. The network orders a pilot. The studio pays for it to be produced. The network loves it. They order the show to series & announce it to advertisers at the upfronts.
You’re making a tv show! ABC Studios pays for the “negative cost” of the show. Negative like film negative, not minus negative. They then license the show to the network to air. And oddly, the cost of making the show is LESS THAN the license fee. This is deficit financing.
Caveat: This is the traditional model. Financing with next day airing on OTT platforms (“over the top”; e.g., Par+, Peacock) changes everything so this discussion is useful as a foundation but may be somewhat-to-largely obsolete these days.
Say your 1/2 hour costs $2.5M per episode to produce. Let’s say the license fee from ABC is $1.5M per episode. (That’s what they pay for the right to air it exclusively for a certain amount of time.)
ABC Studios is in the red $1M for every episode it produces. More for hour shows! That’s the “deficit” in “deficit financing”!
Getting cancelled early is a blessing to the studio. They only lost a few million! Getting cancelled in season three or four? Heads will roll. Why? Because you need a certain number of episodes (usually but not always pegged at 100) to sell the show in syndication.
So if you’ve made 66 episodes and get cancelled, you just lost $66M (or actually more). But if you get 5 seasons (times 22 episodes) you hit the magic number and you can now sell the show in syndication.
What is syndication? Short answer: It’s those shows that run on oddball channels at oddball times like 7:00, 7:30, or 11:30. Like Seinfeld, Friends, Law and Order, etc.
Long answer: The studio licenses the show to individual tv stations market by market across the country. In Hartford, WTNH might show Friends at 11:30pm. In LA, KTLA might show Home Improvement at that time.
The studio sells the show to whoever wants to air it for a certain amount of time. And they keep doing that, forever. Nowadays these syndication shows all pretty much make massive licensing deals TO STREAMERS (or to their own OTT), but that’s how they used to do it.
And whether WBTV is selling Friends to KLTA or making a big deal with Netflix, the principle is the same.
The studios make this syndication sale on hit shows to make a profit. Sure they lose $10M, $50M, or more on all the cancelled shows (the vast majority of what they produce) but the syndication sale is in the hundreds of millions on the low end.
And to bring it full circle, that’s why on a traditionally deficit-financed network show that hits syndication, the creator of the show becomes mega-rich.
Unfortunately, as they say, “those days are over.” Well, sort of. Syndication is a lot more complicated now & shows for streamers don’t have mega-sales unless they become franchises w merchandising, but there are still shows that go into traditional syndication and earn 💰💰💰!
MORE THAN, oh man that's a big mistake
The cost of making the show is MORE THAN that license fee
Errata: "And oddly, the cost of making the show is *MORE* THAN the license fee." Whoops big mistake up there in the thread. The number example is correct but deficit financing is when the cost > the license fee!
This contract is a bit unusual in that it lumps the traditional “back end” definition with season bonuses. I mean, both are contingent, so it makes sense, but they are pretty different ideas.
Welcome back to our deep dive into your EP and Writing Services Contract for that show you sold! We're on page 5 and today we'll be discussing ARTICLE 14! This doesn't seem like fun one, but honestly it's the most important discussion of the whole contract. Trust me.
First of all, we need to know what Article 14 is being contrasted with and big surprise, it’s Article 13! Article 13 of the Minimum Basic Agreement (MBA) deals with compensation in general, and 13B deals with television compensation...
Welcome back to my deep dive into a Writing & EP Services Contract and welcome to page 3. Paragraph 6, PILOT SERVICES. Networks that make pilots will have a separate provision for your producing services of the pilot episode which may be more or less money that your episodic fee.
Producing a pilot is hard! But thankfully you get paid to do it because you're a producer now! Note that you are pay or played (in this contract) if you wrote the pilot on your own (or people did minor punch up/polish work).
Long story short, when things go south they can always ask you to accept less than the guarantee, roll it over, accept 50c on the dollar etc. And as discussed above your ability to say no depends on your relationship and power.
And counterintuitively, sometimes contingent deals can be better than guaranteed ones. Here’s why: you sell a tv pitch to a studio. They offer you an if/come (contingent on selling to network) deal. Not as good as a guaranteed “sale” right?
Paragraph 3, DELIVERY (and welcome to page 2 of the contract). Delivery isn't very exciting, it just says "time is of the essence" which is a legal term for "you can't say the dates specified weren't real deadlines."
Programming note: I've split the thread on purpose. For page one of the contract and the beginning of the thread go here:
The delivery clause also names the actual person you deliver to. This is usually a very senior exec or even the president of production, although as a practical matter you won't really deliver to them. I'd love to see a writer ask for the POP's email so they can properly deliver!
You sold a pilot! Congrats! In 2-12 months you'll have a contract (usually-- sometimes there is no contract! They pay you off a COA & only draft the agreement "if it goes"). Want to know what's in it? What's it all mean? Take a deep dive into a WRITING & EP SERVICES CONTRACT!
In this thread, I'll post pages from an actual contract (albeit an old one from 2011) and explain what it all means. New paragraphs will be discussed daily!
Let's start with the preamble. You sold the pitch to a network or streamer but oddly, your deal is with some company you never heard of before. That's their signatory company. Most big companies don't sign the WGA MBA themselves but use subsidiaries to sign the agreement.