Hollywood has fought forever against the government censuring or dictating what they could say, but the tables have turned and Hollywood can now dictate what we watch.
A sad commentary emerged from the Denver Federal Courts on July 7, 2005. In an Associated Press story entitled Court Rules Against Sanitizing Films, U.S. District Judge Richard P. Matsch said that
". . .editing movies to delete objectionable language, sex and violence is an "illegitimate business" that hurts Hollywood studios and directors who own the movie rights."
"Their (studios and directors) objective ... is to stop the infringement because of its irreparable injury to the creative artistic expression in the copyrighted movies," the judge wrote. "There is a public interest in providing such protection." (Italics added)
I don’t know what planet this judge just arrived from, but he hasn’t been playing in my sandbox lately. Generally speaking, the public doesn’t care whether or not the “creative artistic expression” of film makers is injured or nurtured. They are only interested in the final outcome, and according to the decline in theater attendance over the past few years; the public is disappointed, if not nauseated, with the current trend of films.
The only people in this country concerned about piracy and intellectual protection are those who produce works worth pirating. The position of the Studios can not actually be about preserving the artistry of their work or the purity of their presentation. The fight really boils down to two points, ownership and Hollywood's hypocrisy.
Ownership
Several years ago there was a great deal of consternation among many of the directors of the early black and white films when Ted Turner began to colorize their films. The lighting and filming techniques differ so much from black and white to color, that many of the effects done specifically in the original films were ruined when change to color. Turner’s trump card in this situation was that he owned the films. This allowed him to modify them without permission and in spite of the objections of the creators. His objective was to make them more appealing to his current, color friendly audience and thereby reap a much larger revenue.
Ownership is the key to the editing done by CleanFlicks, Play It Clean Video and CleanFilms. To have access to any of the “sanitized films,” a person must purchase a membership and become a member of the co-op that actually purchases copies of the film. (This is the very same method used by Private Clubs to restrict membership and circumvented discrimination laws.) As an owner, you have the right to modify the film any way you choose, because it is yours. You can rent or purchase these films from the organization, depending on your preference.
I personally have been a member of two different co-ops, and as a result have chosen to view several dozen sanitized R-rated films. Were it not for this program, I would not have watched or purchased any of these movies and the writers, directors and producers would not have earned the royalties they received. I even own a copy of the first generation of edited videos of Titanic.
The point that the film makers are ignoring is that once they offer their work for sale, the film or DVD no longer belongs to them. It is true that they own the intellectual property and it is wrong for someone else to profit from their work without the creator receiving compensation, but if I buy the Mono Lisa and spray paint a mustache and horns on her, no one has a legal position to prevent me.
Hypocrisy
The final point to be made is the hypocrisy of the plaintiffs. A quick example to illustrate:
James Cameron is one of the most successful and popular writers/directors/producers of our time. He is a creative, skilled and talented individual. He has directed and/or produced over a dozen theatrical releases, of which all but 2 or 3 have been R-rated. The R-rated films include: True Lies, Terminator2, Aliens, The Terminator, Piranha II, Strange Days & Point Break. Titanic was PG-13, but I don't know why.
Cameron was the initial victim of the sanitizing movement when Titanic became the first film to be edited and shown at the Towne Cinema, a small dollar theater in American Fork, Utah in 1998. Shortly there after, Sunrise Video, also in American Fork, began to edit and sell copies of the video. These were not bootlegged, but legitimately purchased copies that were edited and sold as edited copies. Neither Cameron nor 20th Century Fox lost a dime, but actually made a lot more money than they would otherwise have done. In spite of this, Cameron was very vocal in his condemnation of the practice and nearly cried over the artistic damage done to his movie. Keep in mind that the only things deleted were the naked poses of Kate Winslet. Nothing was changed, only deleted.
According to my brief understanding of the law in these matters, the plaintiffs must show damage or a loss from the action of the defendents. There was no monetary loss, but increased revenue because of these acts. Their product was not damaged, because it was my video tape that was edited, not their master tapes. The fact that I can't see part of the film now is no different than if I looked away or fast forwarded through the objectionable portion.
It appears as though Judge Richard P. Matsch's ruling was not based on the law, but on his own personal beliefs. Bad form for a federal judge.
And now for the hypocracy. If Cameron was sincere about the purity of his films and dedicated to the dream that every person in the world had a right to see his vision as pristine as he created it, why did he allow nearly all of his R-rated films to be sanitized by the television networks and shown in their edited versions on national TV?
When all is said and done, it appears that art yields up its purity to greed and hypocrisy.
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