August
5 ,
2004
Update:
1:30pm
Yesterday:
Part I
I don't
know Jeffrey Levy-Hinte. But he scares me. He starts
his very precise, master's thesis-esque piece with this…
"The awards
screener ban instituted last fall by the Motion Picture Association
of American (MPAA) clearly showed that it and the Major Motion Picture
Studios (MMPS) that it represents had no compunction about pursuing
policies that were inimical to the interests of the independent filmmaking
community."
And he ends with…
"Fortunately
the screener ban was handily defeated; unfortunately it is going to
take much more than a lawsuit to undo the profound damage that the MPAA
has wrought over the last several decades. It will take the concerted
efforts of creators and consumers to re-shape the current copyright
regime. Independent filmmakers - who both love cinema as a wonderfully
varied and creative art form, and who strive to express their feelings,
thoughts and desires through this art form - need to place themselves
at the center of this effort. Otherwise we run the risk of allowing
the powerful and avaricious corporations that dominate the production
and distribution of motion pictures to use unfair business practices
to stifle and subvert, legislate and litigate it out of existence."
Without making this
whole thing about Levy-Hinte himself, let's start with the fact that
his first six producing credits are for films that did not get major
studio or dependent distribution. Only two of the six got any theatrical
release at all. Then, the amazing and underrated Laurel Canyon, Lisa
Cholodenko's follow-up to her art house hit High Art (distributed
by October Films), got picked up by Sony Pictures Classics, a dependent.
The film was released in the spring and got lost, in spite of screeners,
come Oscar time. The next year - last year - his Thirteen was
set up at Fox Searchlight and succeeded in getting one nomination… a
supporting actress nomination for Holly Hunter that was predicted
by many Oscar prognosticators from the start of the season, regardless
of the disposition of screeners.
What is significant
about all of this is twofold. One, screeners have not had much effect
on the awards opportunities of any of Mr. Levy-Hinte's films. But, more
importantly, this producer's greatest success has come with the financial
backing of the MPAA signatory companies whose "decades of damage"
he is so anxious to undo.
This also speaks
to the biggest question of the fight over screeners and the depth of
anger expressed by the "independent filmmakers." What is an
independent film? The true indie distributors were, as always, free
to send out screeners. Lions Gate and Newmarket did just that and reaped
the benefit of their efforts. In fact, in making the decision by the
trade association to restrain itself the MPAA membership was giving
a competitive advantage to the true indies.
It is so easy for
people to attack the industry - as represented by the MPAA - as the
guys with the black hats. And, no doubt, the pursuit of money first
and art second doesn't make for the best fairy tale. But what fairy
tale is Levy-Hinte living in? Thirteen was made for about $1.5
million. If a company with financial backing as significant as that
of News Corp hadn't picked the film up, would the film have had a realistic
shot at making as much as the $4.6 million it made domestically?
Thirteen
was the 161st highest grossing film in America last year. Only 12 films
of those 160 grossing more than Thirteen were distributed by
true indies. (Spellbound, Luther, Nowhere in Africa, The Cooler,
Boat Trip, La Grande Seduction, House of the Dead, Confidence, House
of 1000 Corpses, Whale Rider, Cabin Fever and Monster… in
reverse order of box office.) Half of the titles were released by Lions
Gate, the biggest of the true indies and not controlled by the screener
ban. Half of those were exploitive horror films. Were those three films
made by those "who both love cinema as a wonderfully varied
and creative art form, and who strive to express their feelings, thoughts
and desires through this art form?" Was Boat Trip?
Another two films
were released by Bob Berney and Newmarket Films… both major awards
contenders that were not inhibited by the screener ban. Three were foreign
language films. That leaves only Magnolia's release of the documentary,
Spellbound, as the highest grossing small indie film in the domestic
market last year with $5.8 million.
My point here is
that the evil old MPAA signatories are not interested in using "unfair
business practices to stifle and subvert, legislate and litigate (indie
films) out of existence." There isn't enough money or power
involved for them to even worry about these companies - with the exception
of Lions Gate, which is the only full-scale unaffiliated mini-major
in the game right now.
The entire screener
debate, on the allegedly high-minded side, last year was over 25 titles…
The Unscreenered 25. Six studio
divisions. 25 titles. Miramax led the way with seven titles. Paramount
Classics was in the rear with just one. But these were the 25 titles
that were actually being defended in the Holy War against the screener
ban.
They were:
MIRAMAX
The Barbarian Invasions
The Magdalene Sisters
The Human Stain
The Station Agent
City of God
Dirty Pretty Things
Kill Bill, V1
FOX SEARCHLIGHT
The Dancer Upstairs
The Good Thief
Thirteen
In America
Bend It Like Beckham
28 Days Later
SONY PICTURES
CLASSICS
Owning Mahoney
Monsieur Abraham
The Fog of War
The Triplets of Belleville
Winged Migration
FOCUS FEATURES
Sylvia
Swimming Pool
21 Grams
Lost in Translation
UNITED ARTISTS
Assassination Tango
Pieces of April
PARAMOUNT CLASSICS
The Man on The Train
It's amazing how holier-than-everyone guys like Levy-Hinte can get when
they think their payday is going to be hurt by corporate policy.
But Levy-Hinte is
not just fighting for the Unscreenered 25. As arrogant and self-indulgent
as it is to proclaim a jihad against the MPAA because one is worried
about their home entertainment revenues, you can't blame a guy for wanting
to put food on his table. But this extended Filmmaker piece he
wrote exposes that he has a much bigger agenda to push… and this is
where it gets dangerous.
Jeffrey Levy-Hinte
thinks that the issue of movie piracy is a non-issue that is somehow
about the quality of films. He cites, late in his piece, the example
of Russia's black market being driven by overpriced retail home entertainment
product. But it is a specious and cynical reference at best. When an
industry professional throws such absurd ideas on the wall, waiting
to see what sticks, it is hard for an outsider to determine whether
the act is simply ignorant or horribly manipulative. I believe in giving
the benefit of the doubt. So I will refrain from assigning motive.
My sense is that
Levy-Hinte misses the mark by a considerable distance in assessing the
significance of five areas of this discussion.
1. Understanding
Valenti - Levy-Hinte pulls comments from Jack Valenti out
of the hat and offers them without any context. But worse, he has no
understanding of Jack Valenti, one of the master showmen of his
generation. Valenti is the virtual embodiment of "Don't trust anyone
over 30." He speaks in flourishes, dropping names and quotations
and multi-syllabic words like a peacock selling a used Volkswagon.
But no one has done
more to make this business safe for artists and businessmen in the last
30 years.
What people like
Levy-Hinte don't get - and I must admit, I didn't get in my first few
years covering the film business - is that Valenti is not and has not
been a filmmaker or a studio executive. Jack Valenti is a politician
hired by the industry to protect its interests.
Why do we have a
CARA rating system? Jack will tell you it is a service to parents. Bull.
It is so that every state in the union doesn't have its own rating system,
making distribution of more adult material a major nightmare for filmmakers
and distributors. Malaysia just decided that only Christians can go
see The Passion of the Christ. If you are happy that such absurdity
is not happening here at home, you can thank Jack Valenti.
Am I endlessly upset
that a country with as much freedom as we do have does not have a rating
system that reasonably accommodates the fiscal aspirations of serious
adult material? Absolutely. Is the system getting more and more convoluted
as the board tries to figure out what ever-shifting community standards
are in this day and age? Yes. But would I close CARA tomorrow if I could?
Not a chance.
Ironically, Levy-Hinte
and his followers have been dealt a severe blow in their crazy conspiracy
mongering this year with The Passion of The Christ and Fahrenheit
9/11 doing such big business. You can look at these films as glass-half-empty
if you like… but you would be a fool. No MPAA signatory would distribute
either of these films. So true indies did… and they succeeded beyond
all expectations. The actions (or inactions) of the MPAA signatories
did nothing to keep those films from making huge amounts of money. Roadside
Attraction's Super Size Me will soon outgross Sony Classic's
2003 hit, Winged Migration. How, again, has the MPAA destroyed
opportunity for indie filmmakers?
Levy-Hinte sneers:
"The fight against piracy is an avowed personal obsession for
Valenti - it is "the dominant issue which has consumed my life"
- and where level-headed analysis and an examination of the facts are
obviously required for proper public policy analysis Valenti gives us
"fungus," "pillaging" of the "crown jewels,"
"a blunder too dumb to comprehend," and the "full powers
of the state."
Is Levy-Hinte so
myopic and arrogant as to believe that these verbal flourishes are the
depth of examination Jack Valenti and the MPAA have made into
piracy? How can a movie producer - especially one whose film advertised
itself by aggressively exploiting the sexuality of two underage girls
for shock value, though the movie itself is far more complex - not understand
that not all that is on the surface reflects all depth? Or perhaps he'd
rather not know.
Instead, he compares
Valenti to McCarthy, a flourish so heinous and so loosely thrown around
that it could be actionable.
2. Understanding
the VHS - Levy-Hinte makes the foolhardy comparison of the VCR boom
to the current piracy situation. Valenti was indeed doing his Chicken
Little dance over the proliferation of the VCR and the danger of more-than-fair-use.
But while Levy-Hinte notes that Valenti was lobbying for financial remuneration
for the studios in the firm of VHS tape tariffs (much like the recording
industry uses to pay artists for radio airplay),
Levy-Hinte trills:
"Needless to say Congress did not create the sought after royalty
arrangement and the movie industry went on to profit hugely from the
proliferation of the VCR - so much for Mr. Valenti's ability to accurately
predict the consequences of technological innovation."
But what he fails
to understand is that Valenti's job was always to give studios a chance
to earn more. Of course he was lobbying to put a tariff on video tape.
And, of course, when that didn't happen, his next role was to find the
next solution based on the then-current playing field.
As for the success
of the VHS business, Levy-Hinte is not interested at all in the complex
evolution of that business from its early days as a rich person's indulgence
to sell-through to the split rental/sales industry to the dense release
system currently in place for VHS at major retailer/renters to the DVD
sell-through revolution.
The punishment for
Jack Valenti being on the front lines and participating in helping
an industry find a way to make great strides in a difficult and scary
situation is to have Jeffrey Levy-Hinte throwing garbage from
the gallery. I would never make the argument that Jack Valenti or
any other industry leader was always right. Not only are they often
wrong, but in their arrogance, many good opportunities are lost.
That said, what
would have happened to the VCR business had Valenti has his way at the
start? Not much different than happened, I suspect. Except that the
studios would have shared a few addition billion dollars in revenue
from the tariffs. What a maroon!
3. Understanding
DVD - The VHS business bottomed out about 7 years ago. Companies
like Blockbuster were on their way out even faster than once anticipated.
Studios helped Blockbuster and others prime the pump by selling more
copies of new titles at a lower price so rental could surge, which would
lead to low-price sell-through within two months of each major new title's
release. That worked. Unfortunately, it also flooded the market with
lots of copies of every title at incredibly low prices, effectively
killing the margins in the sell-through market.
When DVD came into
the picture, retail renters wanted the format to operate very much as
video was. But the studios said "no." They had learned their
lesson from the various profit models for the VHS business and decided
to commit to DVD as a sell-through market. Was this decision collusive?
Of course it was. But unofficially so. And with this decision came the
birth of the next great income boom for the film business.
With the DVD boom,
another phenomenon began. Studios started to see the potential of even
higher profit margins from "independent" films. Conspiracists
see only Oscar wins in the eyes of moguls. But there is money in that
thar' DVD. More than ever expected.
If there was no
DVD market, would major studios be as willing to invest in "independent
minded" arms? Well, the risk would be greater and the upside smaller.
Paramount Classics, for instance, has yet to be given the real opportunity
from its parent to chase one of their movies into "big hit"
status. Jon Dolgen just wouldn't allow the necessary P&A.
But Paramount Classics hasn't had a losing year since its inception
either. It's not as glamorous or profitable as some other dependents.
But thanks to home entertainment, the division is solid.
Does Jack "Chicken
Little" Valenti get credit for leadership in the DVD business and
its huge impact on the industry, for better and worse? Apparently not.
4. Understanding
International Piracy - The world of international piracy stems not
from MPAA members sticking it to the little guy in other countries,
but from basic underscreening across the globe. Hollywood product has
survived in these territories primarily by way of the pirates. Now we
are chasing these markets aggressively. But putting the genie back in
the bottle is no mean feat.
That said, isn't
it simply logical - and moral, even - for studios to want to find a
way to revive their interests in these countries and to - Oh my God!
It's horrible! - seek financial rewards by selling their product in
countries where respect for copyright has not been the norm?
5.
Understanding Digital Piracy - This is where Levy-Hinte starts
to read like a smirky teenager instead of a man who takes responsibility
for million of other people's dollars on a regular basis.
First, Levy-Hinte
defines "Piracy" (the capital "P" is his) for the
industry. He cites no source for this definition. Essentially, he is
setting up "regular people" as victims of the industry, even
though there is little indication in reality that the industry is concerned
about stopping "fair use." Levy-Hinte yelps:
"In the
battle of Good versus Evil it is easy to lose site of the operative
definition of piracy that is embedded within Piracy. In the context
of Piracy, piracy is considered any form of "unauthorized"
copying of motion pictures or fragments of them. This formulation conveniently
ignores statutorily protected fair use rights and the conventionally
accepted first sale rule, but its most profound feature is that it axiomatically
defines all unauthorized copying as theft."
Levy-Hinte continues
by combining the ostrich argument with absolute ignorance of the massive
flexibility of today's actual technology:
"For instance,
in a single stroke, the teenager who spends six hours using Morpheus
to download a .mov file of a film fragment so that he can "enjoy"
watching and sharing a fuzzy, postage stamp-sized picture on his home
computer, is conflated with the criminal syndicates that illegally manufacture
DVDs in massive quantities for retail sale."
Where is the line
for Levy-Hinte? One copy? Seven copies? Twenty copies? "Massive"
suggests hundreds of copies might be the only way to offend Levy-Hinte's
sense of "fair use."
He continues:
"A downloaded
film is not a realistic substitute for other (more expensive) versions
of the film, but a separate product with its own market dynamics. In
the language of micro-economics, the demand curve for downloaded film
is undoubtedly flat and inelastic which indicates that there would be
very little downloading if the price rose above free."
And:
"Piracy
assumes that every download is money out of the pocket of the copyright
holder, which is invariably one of the MMPS. It is assumed, but never
stated or proven, that but for the ability to download, the erstwhile
"file stealer" would have otherwise purchased a movie ticket
or bought a DVD. This assumption is fundamentally flawed. There is no
empirical evidence that the "file-stealers" would otherwise
have spent any money seeing the film, or that they did not already,
or eventually will, pay to see the film in the theater or see it on
television."
Again… how much
is too much to Mr. Levy-Hinte? He wants to squeeze the whole piracy
argument down to "young people who have a lot of time on their
hands," but doesn't seem to be interested in the thought that these
very same young people are the primary consumers of both exhibition
and home entertainment.
Oh! Not for Levy-Hinte's
movies, you say? Well, the entire industry probably should be reconfigured
to maximize Mr. Levy-Hinte's cash flow. Oops! Forgot again! He is not
interested in money… just art. After all, screeners aren't a marketing
tool meant to garner awards that sell more theatrical tickets for DVDs,
but an opportunity to share good work with the thousands of industry
film lovers! Right?
Is every "file
stealer" representative of lost revenue to the copyright owner?
No. Is pirated material a guarantee that the "file stealer"
committing the theft will not pay for a ticket or buy a DVD in spite
of free ownership? No.
But where Levy-Hinte
misses the mark completely is in suggesting, repeatedly, that the entire
world of file stealing is one of poor quality and limited resources.
The fact, as he must know, is that the price of acquiring downloaded
materials has risen above free and that people are buying films downloaded
via the web, put onto DVDs, and sold on the black market every single
day.
In fact, flip the
script a bit. People are wiling to buy inferior quality goods in order
to see movies early or cheaply or simply out of convenience. Regular
folks. Decent people. Happens in every city every day.
What percentage
of the industry is Levy-Hinte willing to concede to piracy? Jack
Valenti argued during the screener ban fight that even one part
of one percent coming from awards screeners was too much to allow. Obviously,
Levy-Hinte is willing to allow for that. (Other people's money is always
easy to give away.) But what is his cap?
In another intentionally
snippy and misleading graph, Levy-Hinte states:
"One might
suppose that the MPAA would be prepared to refute the hypothetical scenarios
outlined above with an objective empirical analysis that demonstrates
the actual economic impact of unauthorized motion picture copying on
the copyright holder.
Actually, the MPAA has consistently demonstrated that it has no interest
whatsoever in developing a factual basis for its claims regarding Piracy.
The MPAA Web site simply states that 'Due to the difficulty in calculating
Internet piracy losses these figures are
NOT currently included in the overall loss estimates. However, it is
safe to assume Internet losses cause untold additional damages to the
industry.' Translation: we have no hard evidence of "Internet piracy
losses," and we will simply speculate them into being (and hope
nobody notices)."
I would like not
to think that Levy-Hinte is a liar. But if he made any effort to talk
to any of the people involved with piracy discussions inside the MPAA
signatories, especially at Fox, where Jeffrey Godsick's office
is about 300 yards from Searchlight's offices, he would know just how
aggressively the MPAA signatories are trying to quantify and control
piracy by working with investigative companies on the web itself.
Moreover, the MPAA
web reference he makes is to a profit and loss analysis by the industry's
trade association. He also refers to numbers in Valenti's annual speech
to exhibitors at ShoWest. But anyone who is in the slightest way knowledgeable
about the business knows that the MPAA's published figures are a starting
point for discussion, not the be all and end all of industry analysis.
Levy-Hinte, like
all great propagandists, is working backwards from his predisposition
when writing his tale. Piracy in America is, primarily, a threat to
the DVD market, not the exhibition market. But DVD is where most films
- including Levy-Hinte's - turn their profit. Again… how much of the
pie is Levy-Hinte willing to give to the pirates? 10,000 units? 50,000
units? 100,000 units?
And, of course,
Levy-Hinte never in
his article feels the need to even explain how the screener ban
might hurt "independent film." He is so convinced of his correctness
that, much as he accuses the MPAA of doing, he doesn't seem to feel
a need for any facts. I am sympathetic to his plight, since there are
no facts to offer. The argument might hold water - but there is no way
of quantifying the position. Only the assumed conspiracy of a "cabal
of studio executives" out to destroy the business in which they
invested (Disney to the tune of $700 million in fiscal 2003) because…
what is the argument?… that they wanted more Oscars?
Details are very
dangerous to a guy like Levy-Hinte. Look at News Corp, where the push
for the ban was heaviest and coincidentally where their Dependent had,
at least in perception, one of the best indie years ever outside of
Miramax. 20th Century Fox was pushing Master & Commander
for Oscar, a $100 million adventure whose biggest drawback was that
it was too arty. No wonder. The filmmaker was Peter Weir, one
of the great art house directors - who has long worked with studio budgets
- of all time. Meanwhile, at Fox Searchlight they were pushing the $12
million In America, made by the great Jim Sheridan, who
made two of his first four films for majors and who will make his next
film for another major… Fox.
Now, could there
have been a conspiracy inside of News Corp to promote Master &
Commander more intensely than In America? Sure. Was there?
Very dubious.
How about this stat?
Both movies, though M&C was nominated for 10 Oscars including Best
Picture and Best Director and In America was limited to 3, added
about $5 million to their domestic grosses after nominations were announced.
Of course, that was a 50% bump for In America and just a 6% bump
for M&C. That $5 million didn't cover the awards marketing costs
for M&C, but much of In America's $5 million went right to
the bottom line of the film.
Nice conspiracy.
Levy-Hinte continues,
burying himself and his cause, by coming close to arguing that studios
should be barred from using any protective coding on their retail DVDs
because it might infringe on the rights of "honest citizens who
are not technologically savvy." He might complain that I am stretching
his words… and I am… but arguing that software that allows people to
break the anti-piracy coding should be readily available and that if
it is restricted that "fair use rights (are) radically eroded"
seems to be arguing against any coding at all. After all, if you should
be free to copy DVDs to your "fair using" hearts content,
why should you have to acquire software for that purpose at all? Why
should there be any cost of entry?
He really hits his
stride with:
"If common
sense ruled the day, then we would be talking about introducing alternative
regimes - such as a collective licensing scheme - that are designed
to cultivate innovation, consumer satisfaction, and efficiency instead
of marshalling the punitive power of the state to protect the current
outmoded and entrenched structures."
You can almost break
that thought down word by word.
1. If common sense
ruled the day, no one would invest in movies at all. Again, Levy-Hinte
argues that the system is rancid. But this is the same system that he
argues is strong enough to withstand piracy and has nothing to worry
about. Which is it?
2. Alternative regimes?
Alternative for what reason? And on whose authority? And isn't Levy-Hinte
arguing for collusive action in making that kind of industry wide change?
Does he like collusion when it works for him and hate it when it seems
to be working against him?
3. Collective Licensing
Scheme - The marketplace understands and embraces that idea when it
is profitable. Netflix had a great "collective" idea that
has since been embraced by other retailers. Who is stopping these new
ideas?
4. "Designed
to cultivate innovation, consumer satisfaction, and efficiency instead
of marshalling the punitive power of the state to protect the current
outmoded and entrenched structures." Who says that any idea in
a commercial marketplace would, should or could consistently cultivate
innovation, customer satisfaction or efficiency?
Of course, a indie/dependent
studio is, in many ways, a collective licensing scheme. Peter Rice
gets X number of dollars from News Corp to purchase or make and market
an undefined number of movies of his choice every year. The purpose
of this collective, as opposed to the one that makes The Day After
Tomorrow, is that News Corp knows that its larger studio would have
a hard time making the most of smaller movies since the natural economic
hierarchy showers greater attention of the most expensive films. This
is also true at the indies and dependents. In this season, Mr. Rice
cannot afford to look at the movies in which his company has invested
and decide which one he personally likes best and push the others aside.
(See: True Indie and then Dependent Miramax) The $18 million investment
in Sideways makes that film a high priority, no matter how it
fits among the other Searchlight product. (Fortunately, word is very
good on the film.)
Now, I would be
disingenuous to suggest that I am not a strong believer in change in
the industry in response to the very real threat of piracy. I have repeatedly
called for studios to push for a resurrection of second run theatrical
as an added source of revenue, protecting against the inevitable downturn
in the popularity of sell-through DVD. I believe that the industry has
to cultivate the act of going to the movies and must understand now
- as the record business did not - that the cost of access is the most
significant element in controlling the growth of a piracy market in
this country. If it costs a family of four $35 in tickets alone to go
to the movies on a weekend and buying the DVD four months later costs
$20 and can be experienced over and over for no additional cost, how
quickly will we stratify the movie loving public, essentially forcing
people to choose not only the specific movies, but the kinds of movies
they will pay to see in theaters?
Alternatively, I
feel that the idea of charging more for movies based on demand could
destroy the film business and cause many to embrace piracy further.
Consumers will revolt when they feel they are being abused. But given
the opportunity to embrace choice, given the right choice, they will
grab it all day long.
Levy-Hinte goes
on about the issue of copyright extension, coining the phrase Super
Copyright. And while I tend to disagree with him, the argument can be
made on both sides of the issue with some logic. I would suggest that
the copyright rules were put into place in a time long before anyone
conceived of the ongoing exploitation value of films or other media.
Does that inherently mean that corporations or individuals deserve the
right to engage in that exploitation? That is the argument. But I would
say that the ability to finance movies - especially the riskier ones
that Levy-Hinte makes - would be enhanced by a longer period of copyright,
since the longer opportunity to exploit the product means, presumably,
less risk.
Levy-Hinte saves his last blast of energy for "tentpole movies."
His final scam… his last push. After all, who can argue that "tentpoles"
(a completely invalid term in today's film economy, though it has recently
returned to vogue for no logical reason) don't suck for the most part?
But like so many things, attacking what you know is unpopular can still
be a lie.
Levy-Hinte has revved
himself into a froth to the point where everything in the film business
is a conspiracy… as in "the MPAA will stop at nothing to make
the world safe for the tent-pole movie."
But even in Levy-Hinte's
paranoid, misguided, convoluted notion of the film industry, this makes
no sense. The business of film is simple, much like any other business.
Maximize profits. I wish it weren't so. But there is an element of all
of this that Levy-Hinte chooses to pretend does not exist.
Movies cost money.
For movies to continue to exist, they need to make money.
Why did Thirteen
cost more than $1.5 million to produce? Ten years ago, when indies were
indies, it would have been a $250,000 project the was discovered at
Sundance. You can't get more out there aesthetically than Vinnie
Gallo, but why did The Brown Bunny cost $3.5 million to make?
Was that great artistic vision and passion or greed and stupidity?
Every studio has
a slightly different take on how to spend their money in pursuit of
more money… and a little artistic enjoyment on the side. But I would
argue that the tentpole experience of Lord of the Rings… a very
expensive tentpole series made by a very independent-minded foreign
filmmaker… whet New Line's taste for being honored and that led directly
to their high bid for Alejandro Amenabar's Out to Sea
a couple of weeks ago.
But the real bottom
line is that any studio head in the business would be thrilled to never
make a "tentpole" again. If they were comfortable that they
could make only smaller movies and some would make huge profits and
most would break even, the release of daily stress alone would make
it preferable… even before the profits started rolling in.
And this great incestuous
business is evolving every single year as it is. The significance of
the international market and the power of home entertainment have already
turned things upside down and their roles in the industry continue
to evolve. Two major pictures this summer were saved financially and
made profitable by international box office after weak showings here.
That's never happened before. The biggest indie in America last year,
Kill Bill, V1, was driven into its split by an oversized budget
and the home entertainment value of two films as opposed to one. The
Passion of The Christ spent less than a quarter of what Van Helsing
did - including P&A for both - and will make hundreds of millions
in profit while Van Helsing will have to fight to get out of
the red.
Yes, the film industry
wants to have control of its product. Yes, your art film, Jeff, is product…
cheap, more interesting product, but product nonetheless. Yes, they
want the government to protect their interests. Yes, they want to maximize
profits. Yes, they make a lot of crap that panders to the public. Yes,
the public is more interested in Dodgeball than they are in The
Door In The Floor.
You don't like it?
Fine. You have two films in production now. Who is crushing your artistic
integrity?
Want to talk about
phantom paranoia? I'll take Jack Valenti's fear of piracy over
your fear of Jack Valenti ever single time. Jack may be the (elegantly
dressed, highly paid) rodeo clown who keeps the bull from goring the
cowboy, but not only does he know it… he is saving "lives."
Is Jeffrey Levy-Hinte
the savior of independent cinema? Is he the renegade of the future?
Or is he just another guy who wants to have every tool possible at his
disposal to sell his movie and who has little downside to worry about,
unlike the higher budget players?
Levy-Hinte wants
black hats and white hats and little in between. I am exasperated by
this guy. If he were a real independent… if he weren't feeding at the
trough that he is so enraged by… so enraged that he would throw the
trough over so others could not eat… I guess I could stomach his foolishness.
But the hypocrisy… oh the hypocrisy!
E
ME: I can't believe you read the whole thing.