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5 Reasons Why the Academy’s New Documentary Rules Mean Nothing

The New York Times reported Sunday that the Academy of Motion Picture Arts and Sciences’ documentary branch is tweaking its qualification rules once again, allowing only theatrical nonfiction feature films that have been reviewed by the NY or LA Times to be considered for Oscar nominations. Furthermore, voting on nominees will be expanded to the entire 166-member Documentary Branch (as opposed to individual committees), and the Academy as a whole can vote for Best Documentary, regardless of how or where members saw the nominated films. The revisions have prompted more than a little hand-wringing around the doc community — for no especially good reason, alas. Here’s why: 1. Films they’re seeking to block will still get through. In a year when the Doc Branch fielded an unprecedented volume of submissions (thanks entirely to the 2010 rule change that expanded the 2011 awards year to 16 months), the Academy wants to screen out docs conceived and produced primarily for television but which qualify for the Oscars with a one-week theatrical run in Manhattan and Los Angeles County. By requiring a newspaper review, said Academy COO Ric Robertson, the Oscars are likelier to reward “genuine theatrical” documentaries. Which would be fine — if it were true: The same HBO-produced docs that are presently, quietly four-walled at the Coliseum Cinemas in Washington Heights or the Playhouse 7 in Pasadena are just going to do the same old thing in slightly more upmarket venues. 2. The process has always favored bigger films. Michael Moore, who made his name putatively fighting on behalf of the little guy in the face of outsized institutional malevolence, apparently helped engineer the expanded voting-bloc change in what the NYT ‘s Michael Cieply termed an effort to recognize more “popular and culturally significant films.” Ha. It not clear what these films would be except for maybe things like Moore’s own Capitalism: A Love Story and certain high-profile oversights like Werner Herzog’s long-playing 3-D doc Cave of Forgotten Dreams — a theatrical nonfiction treat if ever there were one. But the reality is that despite the annual snub ritual known as the documentary short list , theatrically geared films released by well-known specialty distributors win the majority of Academy attention when it matters — in the nominations — and the lion’s share of Best Documentary Feature wins. Even Paradise Lost 3: Purgatory , arguably this year’s frontrunner and a perfect example of the type of made-for-TV doc the Academy would hope to deflect, is a product of the well-heeled HBO Documentary Films. 3. It’s still all about the awards-season resources. Moore also told Sasha Stone that, in effect, “the new rules effectively protect the smaller fish from being chased out because the big fish have more money to manipulate the broken system.” I’ll believe it when I see it. The new screener permission alone plays right into those larger interests’ hands — or rather, into their campaigners’ hands: Guys like Harvey Weinstein, for example, can now flex their Academy muscle across the entire voting body while independently distributed docs will still only advance as far as their grassroots word-of-mouth (and thus their seasonal Oscar publicist) takes them. Suggesting that a film’s awards cred relies on critical and theatrical integrity is like saying Mitt Romney will win the Republican presidential nomination based on values. Please. 4. The NY and LA Times already review virtually everything — and filmmakers can appeal being omitted. The most vocal opposition to the new rules invokes such films as the current short-lister Semper Fi: Always Faithful , which qualified via the International Documentary Association’s DocuWeek program and has no record of a review in either newspaper. Would it be barred from consideration in future years? Probably not: As Stone also notes, DocuWeek inclusion costs not much less than four-walling a theater and sending an e-mail to a couple editors, and in the off chance that that tack fails, filmmakers and producers can appeal directly to the Documentary Branch for consideration. Which actually might be a disadvantage for the movies, simply because… 5.The Documentary Branch has no taste. Nonfiction greats like Herzog or Steve James or Frederick Wiseman aren’t routinely overlooked because of some qualification quirks or because some TV-oriented doc usurped their spots on the short list. They’re snubbed because year after year, no single Academy voting bloc has proven its intellectual laziness and lack of judgment more assiduously than the Doc Branch. Expanding the actual Documentary Feature Oscar voting across the entire Academy only proves that the form’s practitioners have next to no faith in the branch’s members to either recognize “popular” documentaries (which isn’t even the branch’s job anyway) or defend the short-list selections and eventual nominees it does choose. If they really wanted change, they would just burn the place down, split the insurance money 166 ways, and outsource the Best Documentary voting to the Cinema Eye Honors or another reputable awards body. Until then? The more things change, the more they stay the same. Follow S.T. VanAirsdale on Twitter . Follow Movieline on Twitter .

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5 Reasons Why the Academy’s New Documentary Rules Mean Nothing

Talkback: Is The Artist’s Use of the Vertigo Theme Tantamount to Artistic ‘Rape?’

This just in: Kim Novak, star of Alfred Hitchcock ‘s Vertigo , has a beef with Oscar front-runner The Artist and its use of Bernard Herrmann’s iconic love theme from the 1958 classic. Let’s just cut to the chase and let Novak’s words speak for themselves: “I want to report a rape… my body of work has been violated by The Artist .” Say what, Ms. Novak? Rape? Director Michel Hazanavicius might prefer the term “homage,” but potato, po-tah-to… perhaps some elaboration is in order. Novak’s personal missive, for which she composed a press release and took out a full-page trade ad, continues via Deadline : “This film took the Love Theme music from Vertigo and used the emotions it engenders as its own. Alfred Hitchcock and Jimmy Stewart can’t speak for themselves, but I can. It was our work that unconsciously or consciously evoked the memories and feelings to the audience that were used for the climax of The Artist .” “There was no reason for them to depend on Bernard Herrmann’s score from Vertigo to provide more drama. Vertigo ’s music was written during the filming. Hitchcock wanted the theme woven musically in the puzzle pieces of the storyline. Even though they did given Bernard Herrmann a small credit at the end, I believe this kind of filmmaking trick to be cheating. Shame on them!” “It is morally wrong of people in our industry to use and abuse famous pieces of work to gain attention and applause for other than what the original work was intended. It is essential that all artists safeguard our special bodies of work for posterity, with their individual identities intact and protected.” Novak has a point, to a point: Using a well-known piece from a beloved classic can, consciously or subconsciously, evoke the emotion earned by that reference film. But does that mean The Artist cheated by borrowing on the emotional associations its audience had for Vertigo ? And, as personally as that citation hit Novak, is it fair to reduce the cinematic equivalent of sampling in hip-hop to such a gross violation? And if Bing Crosby was still around, would he make the same claim for the use of “Pennies from Heaven?” Chime in, Movieliners. • Not Everyone Loves ‘The Artist’: Kim Novak Feels Violated By Use Of ‘Vertigo’ Score [Deadline]

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Talkback: Is The Artist’s Use of the Vertigo Theme Tantamount to Artistic ‘Rape?’

Devil Inside Director Fails Upward

Congrats of some fashion are in order to William Brent Bell, whose universally reviled yet spectacularly successful The Devil Inside has today yielded news of his not-very-anticipated follow-up. Written by David Cohen, The Vatican is said to be a “conspiracy-driven thriller that uses some found-footage techniques like The Devil Inside did”; Warner Bros. is reportedly fast-tracking the project. Good to know! I’ll ready the riot police . [ Deadline ]

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Devil Inside Director Fails Upward