No Screener for YOU!

[wmansir]

I thought I would start a discussion of this since it was mentioned in the news. I wanted to point out a couple of key points.

1. This isn't just Oscar DVD screeners, but ALL screeners, including VHS and for other awards. And including those already available on DVD/VHS home video. Since that last part has NOTHING to do with anti-piracy, I can see the independent studios' point of the policy being more focused at killing the indie's chances for Oscars.

2. This is self-imposed, the MPAA is just a collection of movie studios. They don't have the power to declare screeners illegal. Perhaps the Academy could do this, but it has already made it quite clear the they have nothing to do with the ban. As such...

3. This rule only affects MPAA members and their affiliates. So TRUE independent film studios can continue to produce and distribute screeners. However, it will affect so-called "independent" studios like Fox Searchlight Pictures and Universal Artists, which are affiliates of larger studios. So, it is actually those "prestige" subsidiaries who are hardest hit by these new rules. And they aren't taking it lying down. (http://www.hollywoodreporter.com/thr/article_display.jsp?vnu_content_id=1991585)(the article also talks about anti-piracy technology developed for screeners) Their bread and butter is getting Oscar noms, and now that they have their hands tied against the real independent studios AND have to compete with the larger studios who's movies naturally have a wider distribution and more marketing resources, they are in a tough spot.

It will be interesting to see how this plays out. I wonder what sort of penalties are imposed on those who break the rules and send out screeners anyway. Over the past few years the fight for Oscar has become down right sleaze, so I wouldn't put it past the studios to break this rule, or at least skirt around it.

As an aside I would like to say Thank God, The League of Extraordinary Gentlemen got their screener out before this development. I feel a Best Picture nom is in the bag now. ;)

[Tuning]

Now the MPEG-4 release groups will have to wait more .(hmmm.....piracy with some delay);)

[int 21h]

Screeners are only part of the year really (for the most part) for most release groups. This is only one place they need to stem piracy, they need to look towards presses, distributors (especially overseas distributors who get movies early so that they can send R1 to EU), etc.

[wmansir]

I think this story actually goes beyond piracy. And the more I think about it, the more I agree this is actually an ant-competition rather than anti-piracy move. Screeners have only been in widespread use the last 10 years or so, and as a result the movie industry has actually become MORE diverse. A lot of people like to say how Hollywood is becoming less and less original, and I think that can be true for the blockbusters, but overall I think the opposite is true.

Films like Life is Beautiful and Shakespeare in Love took major awards and upset a few giants in large part due to screener usage. This is what prompted the majors to create (or resurrect, or buy) the prestige subsidiary in the early 90's and opened up a lot of financing for smaller, riskier pictures. Once the idependents start loosing "oscar buzz" and the accompanying cash, will they still be kept around?

Also, the story I linked to above said that Miramax (who wrote the rules on how to win Oscars with screeners) was not a MPAA signatory, but they are a subsidiary of Disney, which is a MPAA member. So, I would imagine they are bound by these new rules.

[Doom9]

in any case, at some point the DVD is going to be widely available so there will be a scene release anyway.. the only question is when. To my knowledge, Screener releases were rather unpopular compared to regular releases anyway. True, they might be out sooner, but with black & white parts, scrolling messages and logos on screen it's not the real deal anymore.

@wmansir: I think their self imposed ban doesn't cover regular DVD releases they send to jurors.. otherwise, it really makes you doubt the MPAA's official explanation.
Also, screeners haven't been declared illegal.. the MPAA just said they won't send out any more screeners to prevent them from being released on the Internet.
I have a feeling that studios, hearing the words piracy will do whatever the MPAA calls for (and after all.. the MPAA is the movie industry.. independent studios don't matter much on the global scale).

[SeeMoreDigital]

Good

They should have adopted this proceedure years ago.

It's the first bit of sensible logic that the MPAA has shown in recent times.

Obviously it won't stop piracy. However it will help prevent new movies appearing for download before their official release!

They should stop screeners all together. And all those 'farts' who have been selected to vote for a movie should wait until the official DVD release.

Cheers

[DDogg]

Maybe I don't get the point. Illegal release of these type of preview movies is what has caused a lot of the crap we now all have to deal with. When Harry Potter appeared on the internet well before its release the stinky stuff hit the fan.

Fair Use is one thing, downright theft of a major movie and its release on the internet is quite another. From a fairuse perspective, this shouldn't be an issue to us. Or as I said, maybe I am missing something, although I certainly do understand the bigger point about the oscars and independent movies and a potential chilling effect on risky or experimental movies.

Ah, SeeMoreDigital beat me to this point. At least I don't feel lonesome now :-)

[wmansir]

@Doom9
Actually, the Academy already has rules in place regarding the content of any screener material sent to voters. They must contain JUST the movie itself, no commentary tracks, no extras, and plain containers. So the retail DVD will not do.

Also, Jack Valenti issued a release to clarify the new rules saying that NO SCREENERS are allowed regardless of whether the movie was already available on DVD or not. I have been trying to find the article with his quote, but I've been unable to. The only reasoning behind it mentioned something like - if I make this exception it will open the floodgates - which doesn't make a lot of sense to me.

EDIT:

I found it,

Questions by some of the companies' subsidiaries have been quoted in the newspapers. It has been reported that some subsidiaries believe it is ok to send out screeners if the film has been released in home video form. This is incorrect. The policy is - no screeners of any kind are allowed to be sent out. Once an exemption is made, the barn door is wide open.

I hope you will instruct your subsidiaries that no screeners are to be mailed, whether they have been released in home video/DVD or not.

Jack

http://www.moviecitynews.com/notepad/2003/031002_npd.html

@Everybody

Here is a good article.

http://www.usatoday.com/life/movies/news/2003-10-01-mpaa-decision_x.htm

The thing is most people agree that this decision will have very little impact on piracy and a huge impact on the Oscars.

[Doom9]

@DDogg: Harry Potter was either a VHS Screener or a Telesynch that made it on the net.. nothing too serious to worry about.. if you've ever seen such a release I'm sure you'd agree that if the movie means anything to you, you're still going to watch it in the theater or get it on DVD (or both).

From a fairuse perspective, this shouldn't be an issue to us.That is correct, but if it has an effect on the oscars, it could still be interesting.. at least I am a movie lover so anything that concerns their distribution concerns me a bit, and the MPAA anti piracy policy should also concern us.. some of us actually got to feel their tough stance on DeCSS, and me might feel it again in the future.

[vhelp]

@ Doom9 and others..

Please, correct me if I'm wrong, but don't you mean the screener that
found it's many ways out there on the web, LOTR.. as this is
the movie I kept bumping into at work a couple of years ago. This
was the most popular talk of movie on divX or Screener or whathaveyou :rolleyes:
And, I remember seeing those samples then.. just a few seconds worth,
via an argument I had w/ a co-worker on the "quality" issue that had
nothing to do w/ this (or any other) screener release :p :p

One more thing though, as clumsy as it may sound, however.. didn't
this somewhat "help" the LOTR movie some, in one way or another ??

Thanks for you inputs,
-vhelp