I received this today, and being the passionate advocate for independent film that I like to think I am, feel the need to drop this into my blog for the world to see.
For those of you unfamiliar with the organization, The Independent Feature Project (IFP) (
http://www.ifp.org) is a not-for-profit service organization dedicated to providing resources, information and avenues of communication for independent filmmakers, industry professionals and independent film enthusiasts. It is committed to the idea that independent film is an important art form and a powerful voice in our society.
So am I.
Dear Friends and Members of IFP:
On Tuesday, September 30th, the Motion Picture Association of America (MPAA) announced a ban on "for your consideration" VHS and DVD copies of feature films. While we support the MPAA's desire to curtail pirating - the stated caused for the ban - we believe that this untimely move will greatly threaten the ability of a diverse group of films (chief among them independents) to be seen by the majority of members of the Academy. [Refer to
http://www.mpaa.org/jack/ for the MPAA's official press release.]
The Academy campaigns-and subsequent nominations and awards-for such films as "Boys Don't Cry," "Far From Heaven," "In the Bedroom," "Monster's Ball," and "Talk To Her" brought increased public awareness and box office revenues for these diverse and quality films. Screeners to the Academy are key to those campaigns. How else would Academy members see or even hear about films that were not in wide release and did not have large prints & advertising budgets?
We wanted to make sure our members are informed of this new policy, and of the negative consequences for independent films, so we've attached a compilation of press clippings that have appeared this last week. IFP is working with independent artists and companies to help reverse this hasty decision by the seven major studio heads (represented by the MPAA).
If you have not personally contacted the MPAA or the seven major studios to express your opposition to this issue, we encourage you to do so. Letters should be addressed to the attention of Anne Caliguiri, Public Affairs, or Jack Valenti, President and CEO.
Motion Picture Association of America
15503 Ventura Blvd.
Encino, CA 91436
phone: 818-995-6600
fax: 818-461-1575
E-mail:
hotline@mpaa.org
If you are member of the Academy, we encourage you also to write to President Frank Pierson to express your concern.
Academy of Motion Picture Arts and Sciences
8949 Wilshire Blvd.
Beverly Hills, CA 90211
phone: 310-247-3000
fax: 310-859-9351
E-mail:
mailto:publicity@oscars.org
Please share this message with your colleagues. It will require the entire community's support to make a difference for the upcoming awards season.
Sincerely,
Michelle Byrd and Dawn Hudson
Executive Directors, respectively of IFP/New York and IFP/Los Angeles
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Attached articles follow
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Screen Daily.com
Hollywood independents in shock as MPAA screener ban rewrites Oscar game
Jeremy Kay in Los Angeles
30 September 2003
Studio-affiliated members of the independent film community claim their chances of success in the upcoming awards season could lie in ruins now that the Motion Picture Association of America (MPAA) proposal to abolish preview screening tapes looks likely to be pushed through this week.
The specialized divisions of the studios - Fine Line Features, Focus Features, Fox Searchlight Pictures, Miramax Films, Paramount Classics, Sony Pictures Classics, United Artists and Warner Independent Pictures - will all be forbidden to send out screeners under the new system now that their studio parents have agreed to a proposal by MPAA head Jack Valenti.
It is understood an announcement may come as early as today (Sept 30) after a Los Angeles press report last week said all the major studio heads had been in talks with representative body the MPAA.
An MPAA spokesperson insisted there was no change in policy as of yesterday and declined to comment further, while nobody at any of the studios was prepared to comment, but the panic in the independent community was palpable.
The so-called indies have already suffered a blow with the shortening of the Oscar season by a month, offering fewer chances to their smaller films to benefit from nominations exposure.
If the screener dictate is made studio policy, as is now inevitable, the Oscars would essentially be returned to the domain of big budget studio pictures which could pay for exposure at the expense of the independents. Ironically the rules would of course not apply to the genuinely independent independents - Lions Gate, Artisan, IFC Films and Samuel Goldwyn Films among others - who can continue to send out screeners if they so choose.
While the MPAA move is purportedly driven by a desire on the part of the studios to prevent 'screeners' from being copied illegally and disbursed, many were shaking their heads yesterday and saying that the revenues derived from Oscar campaigns would be wiped out and that the studios were trampling on smaller pictures.
According to a range of people who agreed to speak to Screendaily on condition of anonymity, the move would rob non-studio films, film-makers and stars of the necessary exposure required to drum up support among Academy Award voters and their corresponding members in other awards bodies.
Many of their thoughts and concerns were echoed by Dawn Hudson, the executive director of IFP/Los Angeles, who agreed to go on the record.
"This would be really harmful to the independent film community. In many ways the independent film nominations over the last few years have given the Academy the legitimacy of having quality film," Hudson said.
"To rule against screeners means those Academy members may now not see a significant portion of this year's awards contenders.
"If screeners hadn't been sent out in recent years I don't think Halle Berry [ Monster's Ball ] and Pedro Almodovar [ Talk To Her ], for instance, would have been nominated."
Without any official comment, the air has been buzzing with speculation. Many were asking how the specialty divisions could just stand by and watch as Lions Gate, Artisan et al send out screeners to Academy members while they could not. And what would the penalties be if they did?
Similarly, while it makes sense to stop piracy of big-budget titles like the Matrix pictures or the Lord Of The Rings trilogy from screener distribution, is piracy really an issue for intense dramas like 21 Grams or foreign language titles held by studio companies like Valentin, Les Invasions Barbares and I'm Not Scared (owned by Miramax) or The Triplets Of Belleville, Bon Voyage and Goodbye, Lenin! (by Sony Classics)? These are the films which will clearly suffer, as awards voters will be driven to screenings of big studio pictures.
Smaller distributors argue that with a plethora of films in the mix during awards season, tapes are important ways for voting members to catch up on a film they may have missed during its qualifying run.
By contrast the major studio's contenders generally go on wide release for a lengthy time, offering plenty of opportunity to be seen by voters.
However, as publicists in Los Angeles rushed to book more screening rooms to cope with the possible increased demand from voting members, there was anger and concern.
"With the way the studios are controlling things it's like we've gone back to the late Seventies," one said.
"This could have deeper ramifications than Academy voters not getting their tapes," another added.
"We need to send out tapes to critics before interviews, agents and managers will be upset because their clients may not get seen in one of the year's stronger films and so it goes on."
Meanwhile the Academy of Motion Picture Arts and Sciences - the body whose members vote on the Oscars - issued a statement yesterday stressing it was not involved in the decision
"The Academy has absolutely nothing to do with studio screeners," it read. "We do not provide our membership lists to the studios, we do not mail out the tapes on DVDs, we do not facilitate their distribution in any way.
"We have always urged our members to see the films on the big screen the way they were intended to be seen and to base their judgments of the achievements contained in the films on those viewings and not to vote based upon an image seen on the television screen."
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The New York Times (on the web)
Filmmakers Criticize Move to Curb Piracy
By BERNARD WEINRAUB
Published: October 2, 2003
LOS ANGELES, Oct. 1 - Independent filmmakers strongly criticized on Wednesday a decision by the Motion Picture Association of America to stop sending out copies of new movies in advance of the awards season in an effort to halt piracy.
The Independent Feature Project, which represents 9,000 independent filmmakers, said that the decision would severely hurt independent films and filmmakers.
In recent years, studios and independent companies have distributed copies of new movies on DVD and videotape before the Academy Awards season, to enable voters to watch the films at home instead of going to a theater or screening room. The so-called screeners have been especially beneficial to smaller independent companies, which cannot compete financially with the big studios but have earned numerous Academy Award nominations because many voters saw their films at home.
On Tuesday, the motion picture association halted distribution of the screeners in an effort to curb piracy, a growing concern among studios.
The director Robert Altman said in a phone interview that his own films, like "The Player" and "Gosford Park," as well as acclaimed independent movies like "The Piano," "Shine" and "Boys Don't Cry," would have failed to receive Academy Award nominations and would have suffered at the box office had advance copies not been available to voters of the Academy of Motion Picture Arts and Sciences.
"The members of the academy would not have seen these films," Mr. Altman said. "There's so much opposition to this. I've been on the phone all day. It's got to get overturned. It will create this separation between two kinds of product: studio product and independent product."
"It's just a stupid assumption that this will stop piracy," he added.
The Independent Feature Project said in a statement that the ban on screeners was an "ill advised and hasty course of action." The group said that there were ways to stop piracy, including watermarking and individually numbering screeners so that those who seek to pirate films can be traced.
"We're very sympathetic to the issues of piracy," said Dawn Hudson, executive director of the Independent Feature Project/Los Angeles, "but the ramifications of this action by the M.P.A.A. are extremely damaging to the independent film community. They have just created more obstacles for independents to reach an audience."
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Variety.com
The battle of the ban
Coalition of foes plots to restore screeners
By DAVID ROONEY
Date in print: Thurs., Oct. 2, 2003, Gotham
NEW YORK -- As the ramifications of a studio-backed MPAA ban on Oscar screeners sank in, specialty division heavyweights and indie producers met in unprecedented conclaves Wednesday to discuss urgent counter-measures.
United Artists president Bingham Ray instigated a closed-door sit-down with Miramax co-chairman Harvey Weinstein, Focus co-prexies David Linde and James Schamus and Sony Pictures Classics co-chairman Tom Bernard. New Line was also represented, while Par Classics' Ruth Vitale and David Dinerstein were on a phone line. Fox Searchlight and Warner Independent Pictures did not attend and the heads of those companies have been contacted.
Ray declined to discuss the outcome of the meeting but said a joint statement outlining strategy from the participants will be issued this week.
The distribution honchos are expected to meet again to explore all possible avenues of action.
Per participants at the meeting, they are not alone in their opposition to the MPAA ban on screeners. Talent agents are irate about the ban on behalf of their clients -- many of whom are on an Oscar-nom commission basis; and foreign rights holders are already fretting because they feel their Oscar contenders' potential in their respective markets could be damaged by diminished awards cachet.
Meanwhile, IFP/New York exec director Michelle Byrd marshaled producers like Killer Films chief Christine Vachon, This is That topper Ted Hope, and GreeneStreet founder- prexy John Penotti to formulate a response to the MPAA edict.
"Our country was founded on a series of principles including looking out for the little guy," Hope fumed. "This is a case of seven mega-corporations getting together and looking the other way from the little guy, enacting a rule change in the middle of the game. What this is, is corporate domination."
The statement that resulted from the IFP huddle condemned the MPAA's ban and stressed several key points:
* The last-minute policy change will seriously diminish the diversity and quality of indie films immediately and the mainstream film industry in the long run; by undermining their Oscar potential, riskier and edgier films will not be made;
* Given that most piracy comes from outside the U.S. and from in-theater taping, the least likely culprits -- Academy members and other insiders -- are the ones most likely to suffer;
* Specialized divisions and the actors and directors whose careers are often made by their releases will become even more vulnerable in what is already a tight marketplace; the public will be the major loser, being ultimately deprived of more artistically daring and challenging films.
Industry supporters who stand behind the IFP statement include Robert Altman, Steve Buscemi, Selma Blair, Bill Condon, Ira Deutchman, Jonathan Sehring, Hilary Swank, Chloe Sevigny, Fisher Stevens, John Waters, Ed Pressman, Ross Katz, Anthony Bregman and Tracey Ullman.
"This is such a smokescreen," said Vachon, who produced Oscar-winner "Boys Don't Cry" and last year's multiple nominee "Far From Heaven."
"It's clear people are getting pissed that every year the independents are getting the lion's share of the recognition. There's not a doubt in my mind that the bigger issue here is to refocus attention on big studio movies."
"Just like the networks are all up in arms about HBO walking away with Emmys year in and year out, it's the same thing with the studios," Hope added. "If someone actually wanted to do something and had a modicum of the principal of fairness, you could announce something like this and allow people to provide an alternative. But there's no real alternative now to market and publicize your specialized films."
Oscar history of the past 10 years is peppered with examples of specialized films on limited release that came to Oscar voters' attention predominantly via screeners.
"I'm somebody who's made it all the way, I've been able to be in the game largely because of screeners," Vachon explained. "There are places where Academy members live where my movies don't even get to. For some of the smaller releases, this is really elitist. It's saying 'If you don't live in New York and L.A., too bad for you.' "
GreeneStreet's Penotti pointed out that "In the Bedroom" would never have scored five nominations and the resulting commercial boost without the backup of Academy screeners to heighten visibility.
"The film was released around Thanksgiving in an extremely limited platform release, so while critical response was interesting, there weren't a lot of places to see the film," he explained. "Up until around the middle of December we were in only two or three major territorities and for sure not in the secondary markets yet. We relied on Miramax's diligence in getting out screeners and using that as a major tool to create internal buzz about the film."
One of this year's sacrificial lambs stands to be "American Splendor," a critical favorite from HBO Films that has gone out through Fine Line and hence is subject to the no-screener rule. "We sold 'American Splendor' on the promise of a great push and an Academy campaign to capitalize on our late-summer release," said Hope, who produced the film. "Everything was in position to do that and then they change the rules at the end of our theatrical run? It's so crazy that there's been no discussion on this."
"This is clearly an economic issue, beyond the fact that it's an artistic issue," Penotti said. "It's hard enough in this marketplace to get people's attention, and taking away one of our major tools for the reasons that are put forth, we just do not buy it."
While the IFP group shares MPAA and studio concerns about piracy, the statement calls the ban on screeners an ill-advised and hasty course of action, pointing instead to other solutions. These include watermarking and individually numbering copies to enable piracy perpetrators to be easily traced, or cracking down on the real sources of piracy in labs and duplication facilities or theaters where illegal taping occurs.
"Piracy is a serious issue and we proceed at our own peril if we don't learn from the music industry's experience," said producers rep John Sloss of Cinetic Media, which was involved in the packaging of indie pics like "The Station Agent," "Capturing the Friedmans" and "Pieces of April."
"But I'm not at all convinced that screeners are a primary source of piracy," he continued. "If that is the MPAA's motivation, I'd be interested to see some connection between the dissemination of screeners and actual piracy."
Some industryites are suggesting that producers -- who are not bound to abide by MPAA rulings -- should organize their own screener mailout.
However, most of the players questioned believe any such move would be severely sanctioned by the Academy and subject to thorough investigation.
Indie producers agree that the question at stake is not merely awards prestige but commercial viability, and that a narrowed Oscar field will result in decreased production of non-studio fare. "The bottom line is, one of the reasons companies like Killer attract big talent because there's a possibility of being able to jump into the Oscar race," Vachon said. "If you take that away from us, for some of these movies you're taking away their only hope of being made. I think it's devastating."
"If these films can no longer compete in an even playing field with the big studio releases, then they just won't get made, they won't get acquired and thus the great roles won't be available to the Halle Berrys, Marcia Gay Hardens, Hilary Swanks, Billy Bob Thorntons of the world," Hope echoed. "And what will we end up with? We'll just end up more mainstream."
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Los Angeles Times -- latimes.com
Studios' Art-House Execs Seek to Block Ban on 'Screeners'
October 2, 2003
By Lorenza Munoz and John Horn
Times Staff Writers
Executives of the art-house divisions of the major film studios met in Manhattan on Wednesday, seeking to derail a ban on sending out DVDs and videotapes to Hollywood decision-makers for awards consideration.
The ban, announced Tuesday by the trade group representing the seven major studios, prevents smaller, low-budget films and the talent behind them from getting the recognition they need to succeed, critics say.
"This could be disastrous," said Ted Hope, producer of the film "American Splendor" and a member of the Independent Feature Project/New York. "Not a single specialized release will be marketed effectively this year. It's so frustrating."
The movies, known as screeners, are sent out in the fall and winter in hopes of winning support for Oscars and other awards.
The ban was needed to combat film piracy and will not be rescinded, Motion Picture Assn. of America President Jack Valenti said Wednesday. Of the 68 films sent out last year by the studios, he said, 34 were illegally copied and distributed around the world.
"My mission is to keep movies from being pirated," Valenti said. "I have no choice."
The ban applies to the seven major film studios that comprise the MPAA and their art-house divisions, but not production companies without a major studio affiliation.
Angered by the ban, executives from the art-house units of six of the seven MPAA studios - Miramax, Fine Line Features, Focus Features, Sony Pictures Classics, United Artists and Paramount Classics - met either in person or via teleconference at Manhattan's Four Seasons hotel to strategize on getting the ban rescinded for the coming awards season, a participant said.
Over the next few days, the executives will hammer out alternative solutions, including anti-piracy methods such as "watermarking" the DVDs and tapes.
Watermarks helped Vivendi Universal Entertainment find and prosecute the 24-year-old insurance underwriter who posted a preliminary version of "The Hulk" on the Internet.
Executives at Oregon-based Digimarc Corp., which developed video watermarking technology, said the cost of adding the markers would be insignificant.
"The solution is ready, and it's been thoroughly tested," said Chief Executive Bruce Davis.
But Valenti said watermarking only provides a method of tracking down culprits. He also said any rebellion by art-house divisions was "an internal problem."
The Screen Actors Guild and critics groups issued statements Wednesday criticizing the ban.
Times staff writer Jon Healey contributed to this report.
Copyright 2003 Los Angeles Times
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Indiewire.com
Indies and Specialty Chiefs Mobilize Against Screener Ban by Valenti and MPAA
by Eugene Hernandez
October 2, 2003
The ban on awards season screeners remained a hot topic for some here in New York on Wednesday as the heads of the studio specialty divisions met to discuss the issue and a large group from the independent film community weighed in to denounce the move by Jack Valenti and the Motion Picture Association of America.
The chiefs of the Indiewood companies, who were brought together by United Artists president Bingham Ray, met during an unprecedented meeting on Wednesday afternoon in New York but were tight-lipped about their discussion for now.
Reps from all of the Indiewood companies, except newcomer Warner Independent Pictures, participated in the closed-door conversation. Among those in attendance were Ray, Miramax chief Harvey Weinstein and deputy Rick Sands, Sony Pictures Classics co-president Tom Bernard, Focus Features co-presidents David Linde and James Schamus, Exec. VP Marian Koltai-Levine from Fine Line, and David Dinerstein & Ruth Vitale from Paramount Classics who joined by telephone from Los Angeles. A rep from Fox Searchlight was reached after the meeting. While the chiefs would not discuss the meeting on the record, one company head told indieWIRE that the group would issue a statement today or tomorrow.
Also in a New York, a number of people in the independent film community came together to support a statement issued by Michelle Byrd, head of IFP/New York, on behalf of the indie film community. The group issued its statement "to condemn the MPAA's ban on 'for your consideration' VHS and DVD copies of feature films," calling the decision by Valenti and the MPAA an "ill advised and hasty course of action." Among those who signed on in support of the IFP/New York statement were many of the organization's board members, including Steven Beer of Greenberg Traurig, Ed Carroll of IFC, Ira Deutchman of Emerging Pictures, producer Nelson George, and Carole Radziwill.
Others from the New York film community who have signed on as supporters of the IFP/New York statement included Killer Films producers Christine Vachon and Pam Koffler, as well as Ted Hope, Anthony Bregman and Anne Carey of This Is That, GreeneStreet's John Penotti and partner Fisher Stevens, along with Ed Pressman and John Schmidt of ContentFilm, Jonathan Sehring of IFC Films, directors John Waters and Robert Altman, Rachel Cohen from Artisan, producers Lee Daniels, Sarah Green, Ross Katz and Susan Stover, screenwriter Bill Condon, writer/director Peter Hedges, and actors Selma Blair, Steve Buscemi, Hilary Swank, Chloe Sevigny, and Tracey Ullman.
"This last minute policy change will seriously diminish the diversity and quality of independent films immediately, and the mainstream film industry in the long run," read the IFP/New York statement, "Oscar consideration is a primary motivating factor behind the funding of riskier films, those of more serious content, films with ambitious narrative aspirations. Lacking Oscar potential these films will not be made."
The statement went on to add that Academy members and insiders are the least likely to pirate copies of films, and said that in-theater taping is the primary mode of illegal distribution of films. While the organization said that "the independent film community shares the concerns of the MPAA and its seven conglomerate signatory members when it comes to the serious financial consequences of piracy," the group added that it calls upon the MPAA to consider two courses of action:
- Require all screeners (both DVD and VHS) to be watermarked and individually numbered so they can be traced and the perpetrators prosecuted.
- Crack down on the real sources of piracy: whether they be labs and duplication houses where films are processed; theaters where the overwhelming majority of illegal taping for duplication occurs and/or private individuals who chose to disregard intellectual copyright laws.
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