December 5, 2003

“If my life depended on it. I could get you a decision today. I don't think it does."
.................................................................................... - Judge Michael Mukasey

Does that sound like a judge who is about to issue a Temporary Restraining Order? Not to me either.

The screener ban fight probably ends today, when Judge Mukasey finally gives his 10-day-delayed ruling. It’s probably best for business if Mukasey rules against the plaintiffs’ request. There have already been some unpleasant breeches of industry etiquette.

People nit-picked Mark Gill, head of the soon-to-start-operating-in-earnest Warner Independent, for telling his side of the story, saying quite sanely that screeners were one of a half dozen tools that made an Oscar campaign go. Unfortunately for the plaintiffs, Gill and Jack Valenti, both of whom testified in person, got the lion’s share of attention in coverage coming out of the long day in court on Wednesday.

The plaintiffs subpoenaed Harvey Weinstein, Michael Barker, Tom Bernard, David Linde, James Schamus, and Bingham Ray, apparently hoping that a subpoena would clear the way for them to testify without being abused or fired. No such luck. They got a declaration from Harvey Weinstein, but that was it. He may not have helped the cause. He states that Miramax “has the resources to obtain awards considerations for many of its wide releases.”

Plaintiff Jeff Levy-Hite got into the spirit of things by reading a private e-mail from Peter Rice, the head of Fox Searchlight. Was it in any way appropriate for the producer of a film for Searchlight to be exposing the guy who paid for his film, who wasn’t one of the six men who received and ignored subpoenas to appear at the hearing to speak for themselves? Levy-Hite claimed, “I regret that the MPAA put me in a position where I had no choice but to reveal an email he sent me in confidence." And can that e-mail, from a studio head that has taken more aggressive actions to promote his Oscar-potential movies that most and clearly interested in supporting his filmmaker, be trusted as a factual account?

It is distinctly possible that by the time you read this, it will all be over. And I’ll tell you this from the trenches of Los Angeles… it is already over and has been for weeks.

NATIONALLY BORED OF REVIEWERS: The New York Film Civilians Co-op that is the NBR spread the wealth, as always, and gave out the most meaningless award since Miramax dumped the “Most Happy Employee” Award. The only film with two awards was Mystic River, doing what was necessary to bring both Clint Eastwood and Sean Penn to their little party at Tavern on the Green.

After that, not only did they spread the wealth, but in 16 “Best” awards, they managed to hit 13 studios… all of whom will presumably buy ads in their program book and tables at the party.

And why does this scummy little enterprise continue to be recognized? Because the studios like it. The people who have to service it do not like it. But the marketing benefits outweigh the absurd cost and complication of having talent-laden screenings for these nobodies all before December 1 each year.

INDIE SPIRIT AWARDS: The great mystery of this year’s nomination announcement was how 21 Grams deserved special recognition, but didn’t qualify for the awards themselves. As expected, In America, Lost in Translation and American Splendor dominated. Interestingly, the ISAs did not recognize the two best received documentaries of the year, Capturing The Friedmans and My Flesh & Blood.

YOU’LL NEVER GROW UP: J.P. Hogan’s Peter Pan has had quite the bumpy ride. But as so often happens with “bad” shoots, the movies come out just fine. (Conversely, the happiest sets often make the worst movies.) I had a chance to check out the family film on Thursday night and I can say this much… it works and works well, especially in a room loaded to the brim with kids. You know when kids don’t like a movie or get bored. Adults may shift in their seats, but kids start trying to find ways to remove the cupholder arms. It never happened here. They were with it from start to finish. And none of this 78-minute stuff.

The real find of the movie is now 13-year-old Rachel Hurd-Wood, who plays Wendy. She owns the screen when she is on it. Jason Isaacs does well in double duty as dad and Hook. Hogan shoots Olivia Williams like her face was made of peach ice cream. And Lynn Redgrave steals scenes with no apparent effort at all.

Hogan was out to tell the Pan story the way J.M. Barrie wrote it. There are some recognizable visual signatures, but Hogan achieved his goal. The Pan story is a good one, well told. Look for it to be the thinking kid’s hit of the holiday season.

AND ABOUT THE RINGS: Lord of the Rings: Return of the King is 3 hours and 10 minutes before credits. During that time, you get the biggest hand-to-hand combat battle in the history of film, the best CG insect gag in history, great performances coming from the most surprising places, a great piece of feminist subtext, the life and death and life of a number of characters, two major sections of parent-child conflict on a regal level, the best Gollum stuff yet, more Ian McKellen than in either of the earlier films, the loudest eating scene on film since Tom Jones, little love letter segments to each of the characters and five, count ‘em, five endings before credits finally come up.

If you wanted a list of the best performances, I’d say Sean Astin, Andy Serkis, Miranda Otto, Bernard Hill, John Noble and Elijah Wood. But no one here misses a note. There are always a few places to pick and there is a lot held off on until the third act, but the film works, much as the first two did.

There’s no real point in going into details here. See the movie. Have the experience. Let me know when you’re done.

SAMURAI: If you are wondering why I haven’t mentioned The Last Samurai, I have. At MCN. You can read it right here.

READER OF THE DAY: PRECIOUS FIBS writes: “As wonderful as Charlize is in this movie, I have to give props to the casting director. The whole cast, from Charlize and Christina Ricci as her lover down to the victims were perfectly cast. If they hadn't acted so well, the movie would have not worked so well.

What's amazing about the movie is that you never really warm up to Aileen. She's one tough cookie and you can forgive the first murder: it's apparently done in self-defense and in a somewhat better world, they would have turned into a real life Thelma & Louise. Unfortunately, she snapped and we are witnesses to her descent into hell. The power of this movie is that you find as she increases loses her humanity, you feel less and less empathy or even sympathy for her.

That's what kept going through my mind afterwards: how a person can go so far as to almost devolve into an animalistic existence bereft of any rational thought.

The choice of Sean Penn for Best Actor by the NBR is no surprise. For that matter, the biggest surprise about Diane Keaton is that she's one of Liz Smith's favorites, which usually get nominated, but don't really belong (see Latifah, Queen in Chicago.) We'll see if I can drag my ass to Something's Gotta Give provided I haven't seen Stuck On You, Shattered Glass, Triplets of Belleville or The Last Samurai by then.”

GARY U.S. writes: “"Not 99" is missing the point of Ron Howard's directing style. Ron Howard defines his directing style from and through acting. In that, like an actor, he knows that it services the story better to "slip into character" and not show anything personal. Because personal gets in the way of the story.

Ron Howard directs all of his films that way. His style is that he doesn't want you to see anything personal from him. He's giving his own performance in service to the story as a director. I don't like all of his movies, but I respect how he uses his roots in acting to better service his overall craft.”

AND HEY HEY HEY writes: “:Ok, I don't want to turn your column into a fight between readers, but what's the deal with Buffalo Bri trashing Gilliam?

Time Bandits stands as one of the most intelligent, mature children's movies ever made. Brazil is a rare true satire, deftly balancing cutting humor with deep insight without losing emotion. Baron Munchausen is a visual wonder. The Fisher King is overflowing with heart without becoming schmaltzy. 12 Monkeys is a tightly wound thriller. And Fear & Loathing is a perfect time capsule of the people and period it covers.

Mix that track record with the utter disrespect the man gets in Hollywood and I think he has every right to be annoyed. Plus, he's right - he would've made the Harry Potter films far more interesting. Even JK Rowling herself said so. Nobody adds depth to fantastic images like Gilliam.

Buffalo Bri, if you hate Gilliam's movies, please back it up more than just writing "it sucks."

Ok, I'll stop now. Sorry for ranting at a fellow reader on your time Dave, it's just I get fairly defensive when it comes to Gilliam.”

E ME: Let me hear it!