Screener policy sparks united Indiewood effort
Non-MPAA indies unite in opposition to ban on screeners
Oct 6, 2003
As opposition to the MPAA ban on awards season screeners continues to spread, the often contentious forces within the independent film community came together in a phone conference Friday in an attempt to propose alternatives to the prohibition. The unprecedented spirit of cooperation, which was in evidence last Wednesday when the heads of most of the studio-based specialty film units met at the Four Seasons Hotel in New York, continued to expand as the studio-based indies reached out to the nonstudio-affiliated independent film companies that, since they are not members of the MPAA, are not governed by the ban. The evolving coalition brought together the "dependents" -- the latest Indiewood slang for the studio-based companies -- along with representatives of a half dozen stand-alone companies.
As opposition to the MPAA ban on awards season screeners continues to spread, the often contentious forces within the independent film community came together in a phone conference Friday in an attempt to propose alternatives to the prohibition.
The unprecedented spirit of cooperation, which was in evidence last Wednesday when the heads of most of the studio-based specialty film units met at the Four Seasons Hotel in New York, continued to expand as the studio-based indies reached out to the nonstudio-affiliated independent film companies that, since they are not members of the MPAA, are not governed by the ban.
The evolving coalition brought together the "dependents" -- the latest Indiewood slang for the studio-based companies -- along with representatives of a half dozen stand-alone companies.
According to sources, indie executives on the conference call included the heads of most of the studio subsidiaries along with Lions Gate Films' Tom Ortenberg, Newmarket Films' Bob Berney, ThinkFilm's Mark Urman, Artisan Entertainment's Amir Malin, Magnolia Pictures' Eamonn Bowles and Strand Releasing's Marcus Hu.
During their discussion, it was agreed that a checklist of potential antipiracy measures will go to all the independent film companies this week to determine which individual proposals each indie would be willing to support. The antipiracy measures that have been suggested encompass various technological initiatives to thwart DVD copying; sending out only videocassettes rather than more easily copied DVDs; and collectively choosing one secure mailing site from which to send out all awards screeners that would be capable of detecting breaches and implementing stricter standards.
The screener issue has galvanized independent producers, filmmakers and distributors like no other in recent memory. Concerned that the MPAA ban could mean wider studio releases will enjoy an edge during the upcoming Oscar season, indie execs fear their inability to compete on an equal awards playing field will hamper their efforts to court filmmakers in the future.
By speaking collectively, the indie units hope to convince the MPAA to re-examine its policy.
"What's most important is the idea that we come up with a proposal as to how we can send out (screeners) and address piracy concerns," said one executive involved in the talks who asked not to be named.
To date, according to sources, the studio specialty-film units have not asked the nonstudio indies to voluntarily agree to forego sending out screeners if the ban is not lifted. That issue is a potentially divisive one that could threaten the current coalition. The non-MPAA indies have all indicated to their peers that they plan to send out screeners this year.
However, some in the indie world have expressed concern that if nonstudio indies send out screeners, the studio-based indies could complain to the Academy of Motion Picture Arts and Sciences that the nonstudio indies enjoy an unfair advantage over studio-based indies. To date, AMPAS, which has promulgated rules affecting only the packaging and content of screeners, has not taken a position on the MPAA ban.
Among the indies not affected by the MPAA ban, Newmarket is expected to wage Oscar campaigns for its hit "Whale Rider" as well as the upcoming Charlize Theron/Christina Ricci starrer "Monster." Lions Gate's Oscar hopefuls include Peter Webber's "Girl With a Pearl Earring." ThinkFilm has the documentary hit "Spellbound," and Magnolia Pictures has another docu hopeful in "Capturing the Friedmans."
Meanwhile, more voices continue to lend themselves to the anti-ban protests.
Director Norman Jewison, whose newest film "The Statement" will be released by Sony Pictures Classics in December, sent a letter to MPAA head Jack Valenti, in which he said, "When the small independent film, which depends on its artistic appeal rather than wide commercial distribution by an MPAA member, is now denied access, the playing field becomes unfair and uneven."
The letter, which was widely distributed within the indie community, continued, "Artistic accomplishments in film should not be compromised in an effort to protect the interests of the major studios."
In order to compensate for the ban, studios have already begun discussing plans for ramping up their screening efforts.
Fox Searchlight, which has not been as involved in the indie discussions as its fellow companies, adopted one of the first concrete approaches by announcing that beginning Thursday, it plans to offer weekly, paid sneak previews for "In America," from director Jim Sheridan, which is set for release Nov. 26.
Until then, every Thursday at 7:30 p.m., the film will play at the ArcLight Cinemas in Hollywood, the AMC 14 in Century City, the Sherman Oaks Galleria and the Promenade Woodland Hills. While the general public must pay to see the film, it will be offered free of charge to members of AMPAS and some of the guilds.
"We faced a challenge since there are so many films coming out during the last five weeks of the year," said Fox Searchlight president Peter Rice. "Even though Jim has an Academy pedigree, and members of the guilds and his peers take him seriously and see his movies, without screeners, which help that process, we decided to make an extra effort to make his film as available as possible. We're lucky that we have a finished film that plays amazingly in front of audiences."
Searchlight also plans to make additional screening efforts for some of its other films such as Catherine Hardwicke's "thirteen," which is already in release.
(Ian Mohr reported from New York; Gregg Kilday reported from Los Angeles.)
As opposition to the MPAA ban on awards season screeners continues to spread, the often contentious forces within the independent film community came together in a phone conference Friday in an attempt to propose alternatives to the prohibition.
The unprecedented spirit of cooperation, which was in evidence last Wednesday when the heads of most of the studio-based specialty film units met at the Four Seasons Hotel in New York, continued to expand as the studio-based indies reached out to the nonstudio-affiliated independent film companies that, since they are not members of the MPAA, are not governed by the ban.
The evolving coalition brought together the "dependents" -- the latest Indiewood slang for the studio-based companies -- along with representatives of a half dozen stand-alone companies.
According to sources, indie executives on the conference call included the heads of most of the studio subsidiaries along with Lions Gate Films' Tom Ortenberg, Newmarket Films' Bob Berney, ThinkFilm's Mark Urman, Artisan Entertainment's Amir Malin, Magnolia Pictures' Eamonn Bowles and Strand Releasing's Marcus Hu.
During their discussion, it was agreed that a checklist of potential antipiracy measures will go to all the independent film companies this week to determine which individual proposals each indie would be willing to support. The antipiracy measures that have been suggested encompass various technological initiatives to thwart DVD copying; sending out only videocassettes rather than more easily copied DVDs; and collectively choosing one secure mailing site from which to send out all awards screeners that would be capable of detecting breaches and implementing stricter standards.
The screener issue has galvanized independent producers, filmmakers and distributors like no other in recent memory. Concerned that the MPAA ban could mean wider studio releases will enjoy an edge during the upcoming Oscar season, indie execs fear their inability to compete on an equal awards playing field will hamper their efforts to court filmmakers in the future.
By speaking collectively, the indie units hope to convince the MPAA to re-examine its policy.
"What's most important is the idea that we come up with a proposal as to how we can send out (screeners) and address piracy concerns," said one executive involved in the talks who asked not to be named.
To date, according to sources, the studio specialty-film units have not asked the nonstudio indies to voluntarily agree to forego sending out screeners if the ban is not lifted. That issue is a potentially divisive one that could threaten the current coalition. The non-MPAA indies have all indicated to their peers that they plan to send out screeners this year.
However, some in the indie world have expressed concern that if nonstudio indies send out screeners, the studio-based indies could complain to the Academy of Motion Picture Arts and Sciences that the nonstudio indies enjoy an unfair advantage over studio-based indies. To date, AMPAS, which has promulgated rules affecting only the packaging and content of screeners, has not taken a position on the MPAA ban.
Among the indies not affected by the MPAA ban, Newmarket is expected to wage Oscar campaigns for its hit "Whale Rider" as well as the upcoming Charlize Theron/Christina Ricci starrer "Monster." Lions Gate's Oscar hopefuls include Peter Webber's "Girl With a Pearl Earring." ThinkFilm has the documentary hit "Spellbound," and Magnolia Pictures has another docu hopeful in "Capturing the Friedmans."
Meanwhile, more voices continue to lend themselves to the anti-ban protests.
Director Norman Jewison, whose newest film "The Statement" will be released by Sony Pictures Classics in December, sent a letter to MPAA head Jack Valenti, in which he said, "When the small independent film, which depends on its artistic appeal rather than wide commercial distribution by an MPAA member, is now denied access, the playing field becomes unfair and uneven."
The letter, which was widely distributed within the indie community, continued, "Artistic accomplishments in film should not be compromised in an effort to protect the interests of the major studios."
In order to compensate for the ban, studios have already begun discussing plans for ramping up their screening efforts.
Fox Searchlight, which has not been as involved in the indie discussions as its fellow companies, adopted one of the first concrete approaches by announcing that beginning Thursday, it plans to offer weekly, paid sneak previews for "In America," from director Jim Sheridan, which is set for release Nov. 26.
Until then, every Thursday at 7:30 p.m., the film will play at the ArcLight Cinemas in Hollywood, the AMC 14 in Century City, the Sherman Oaks Galleria and the Promenade Woodland Hills. While the general public must pay to see the film, it will be offered free of charge to members of AMPAS and some of the guilds.
"We faced a challenge since there are so many films coming out during the last five weeks of the year," said Fox Searchlight president Peter Rice. "Even though Jim has an Academy pedigree, and members of the guilds and his peers take him seriously and see his movies, without screeners, which help that process, we decided to make an extra effort to make his film as available as possible. We're lucky that we have a finished film that plays amazingly in front of audiences."
Searchlight also plans to make additional screening efforts for some of its other films such as Catherine Hardwicke's "thirteen," which is already in release.
(Ian Mohr reported from New York; Gregg Kilday reported from Los Angeles.)
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