I just registered for the forums and I look forward to hearing from all of you. I've been a lot of the informative topics and I'm thrilled to have come across this great resource (i.e., all of you).

I am actually an indie filmmaker in St. Louis, MO, but I'm thinking of opening a small alternative cinema theater in town. It seems like most (if not all) of you are very experienced with classic cinema venues (auditorium, stadium seating, 35mm, etc.), but I am sure that you can also help me with my tiny little theatre.

I want to take a historic building and turn it into a one screen theater with a full bar. I'm talking about a very relaxed atmosphere in which there is some table seating and some row seating. I'd like to be able to fit a good 50-80 seats in the showing room and still have good space for transit, cocktail waiters/waitresses, etc.

I know that it can be hard in some markets to maintain a one-screen theater, but this would be a little different. The primary focus is the films but it is also very much a place to socialize and make merry. I guess you could think of it as a cross between a B-movie brew 'n' view and a one-screen art house.

My first question... would this be considered a theatrical or a non-theatrical venue?

I'm totally new to the business side of film and so most of my questions relate to copyrights, rental fee structures, etc. I am aware of the classic theatrical rental fee model, in which you have a $500 guarantee (for example) as well as an earnings cap after which a 90/10 split kicks in.

Keep in mind, though, that the primary projection would be 16mm. Swank motion pictures is right down the street from me, and they carry a LOT of 16mm titles that I would be interested in showing (shorts programs, old classics, documentaries, etc.). Also, I am interested in showing old educational films not unlike those you would find on eBay. How would I go about doing that without breaking any copyright laws? Can I show copyrighted material if I do not charge a "cover"? I'm talking about films like "Bakery Beat", "How to Court a Lady", "Wound Management", etc. Old instructional films. I would be interested in showing some 16mm films from my collection like "Lights, Action, Africa", a documentary on the PBS photographers Joan and Alan Root. Is that possible, or do I have to seek out a distributor of any title I wish to show?

Now, I would hope to be considered a non-theatrical venue so that I could rent 16mm from Swank. Any idea of their prices for this kind of rental? Do you think they would be amenable to some sort of deal?

Please help me out.

Thanks.

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Moving to Ground Level.

I shall be more careful in the future. I appreciate everyone's input.

Copyright law is a huge issue. While you would think that old films are all out-of-copyright, even minor restoration work may effectively put commonly available copies back on the protected list.

As far as equipment goes, I'm not necessarily intending to go with top-of-the-line 16mm projectors. Since the space will be fairly small (a 45-55 foot projection throw, max) I was hoping to use simply a nice portable projector, depending on what I can get my hands on. What do you mean by "the film rental is more expensive than theatrical 35mm"? 16mm non-theatrical is more expensive than 35mm theatrical? I guess I wouldn't expect that. Please tell me more.

David --

I intend to talk to Swank at some point but I thought I would ask you all first for advice, so I don't go in there ice cold. As far as noise factor, I think there is some allowance for atmospheric noise in the viewing area but not like the levels at a busy bar. I would be providing a space for people to hang out in if they found that the movies were not to their liking or if they have pressing business to attend to with associates.

Jerry --

I have considered 35mm but I thought 16mm might be easier to handle. It seems that may not be the case. Anyway, I wonder what kind of deal I could work out with distributors. Let's say I run 35mm theatrical. This would be independent features, documentaries, classics, and B-movies. No 1st-run or even 2nd-run stuff. Only stuff off the beaten track. The market is ripe for this type of venue. There aren't any venues of this sort in the city at all. The only thing that comes close to it is a monthly "Cinema in the City" event held by a local college film series. One night a month they show an old 16mm movie in a funky bar/cafe in the city. I basically want to take that idea (combined with a brew 'n' view model) into a permanent home. There are 2 theatres in town owned by Landmark and they would be my only competition in terms of "art house". However, I do not intend to ceompete with them directly as I won't be showing any 1st-run pictures.

So... do the distributors price based on seating capacity? Are older titles cheaper to rent? Are classics more expensive than unknowns? How do I find a rental price list and who should I go to for independents?

Thanks.

Marc S.

The moviegoers are expected to be serious about seeing the movie. The wandering in and out will be kept to a minimum. There will be specific showtimes and the film will be the main focus, not the background atmosphere.

During a shorts program, there may be several short intermissions in which the patrons are encouraged to talk amongst themselves about the film they just saw, get another drink, go to the bathroom, etc. The intermissions would be long enough to accomplish these tasks but short enough to satisfy the more serious and/or impatient viewers. Local DJs would spin ambient music before and after the shows at a low volume, to encourage discussion and loitering. Does that make it a little more clear?

Thanks.

This is where I think you may be making another error. A rare showing of something like this is an event. If it is repeated, the novelty factor will wear off and the audience will diminish unless you can target it more directly.

A person might go to an old army VD film with buddies as a lark and enjoy it. That person won't show up for a steady diet of it, nor is he likely to want to see the making of the Ma Bell microwave network or drilling for oil in 1940s Venezuela. You are using a scatter-gun approach at a time when the amusement dollar is already fragmented.

I don't think I've given an accurate picture of the programming. I agree that a steady diet of campy educational films would not fly. While those would be welcome on occasion, I would focus on more serious/current fare, both documentaries and features. One advantage of the location is that it is in a developing arts district.

I guess I should talk to Swank to see what kind of rates we are talking about! The only way I will know if this makes sense is to talk to the distributors and find out some hard costs. I was just hoping someone here could give me an idea of those costs up front based on the size/type of the theater.

Thanks.

Even if the motion picture itself is PD, there are usually other elements (story, screenplay, music score, music arrangement, sound recordings, etc.) which are still under copyright protection and whose owners could legitimately sue for infringement as a result of showing a "public domain" film.

As Jerry said, there is some stuff out there that is PD, but it won't be cheap to verify that status and defend yourself if it becomes an issue later on. This might work for a very occasional screening, but it isn't sustainable for a regular business. "Public performance rights" are a big deal; just because it is perfectly legal to own a film print or videotape of something (PD or not) does not mean that it is legal to exhibit it to the general public; whether admission is charged often has little to do with anything.

There probably aren't too many lawyers who read Film-Tech, so you should probably hire a local lawyer who understands copyright law and discuss this with him. Running anything that was not licensed directly from a distributor (even if it is believed to be PD) is risky.

A friend told me about that theater in Portland just last week. He loved it. There's a similar theater in Chicago (I think it's called "Brew 'n' View", actually) and they do good business as well. That is, they sell a lot of tickets. Whether they're making any money is another story. That's what I'm trying to find out. I'm not looking to make buttloads of money, I just want to start something sustainable and add to the neighborhood and the city.

McMenamins operates 3 brewpub restaurants here in Eugene. Very popular. Two are in the U of O college district, the third is a more upscale location on the banks of the Willamette River. I have lunch at one of their places with buddies at least once a week. They have great microbrew too. I think McMenamins tried a brew/film thing here in Eugene about 10 years ago but it didn't fly for some reason. Might have been in the downtown Atrium building, if so, probably a bad location.