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Perplexing Plots: Popular Storytelling and the Poetics of Murder

On the History of Film Style pdf online

Reinventing Hollywood: How 1940s Filmmakers Changed Movie Storytelling

Film Art: An Introduction

Christopher Nolan: A Labyrinth of Linkages pdf online

Pandora’s Digital Box: Films, Files, and the Future of Movies pdf online

Planet Hong Kong, second edition pdf online

The Way Hollywood Tells It pdf online

Poetics of Cinema pdf online

Figures Traced In Light

Ozu and the Poetics of Cinema pdf online

Exporting Entertainment: America in the World Film Market 1907–1934 pdf online

Video

Hou Hsiao-hsien: A new video lecture!

CinemaScope: The Modern Miracle You See Without Glasses

How Motion Pictures Became the Movies

Constructive editing in Pickpocket: A video essay

Essays

Rex Stout: Logomachizing

Lessons with Bazin: Six Paths to a Poetics

A Celestial Cinémathèque? or, Film Archives and Me: A Semi-Personal History

Shklovsky and His “Monument to a Scientific Error”

Murder Culture: Adventures in 1940s Suspense

The Viewer’s Share: Models of Mind in Explaining Film

Common Sense + Film Theory = Common-Sense Film Theory?

Mad Detective: Doubling Down

The Classical Hollywood Cinema Twenty-Five Years Along

Nordisk and the Tableau Aesthetic

William Cameron Menzies: One Forceful, Impressive Idea

Another Shaw Production: Anamorphic Adventures in Hong Kong

Paolo Gioli’s Vertical Cinema

(Re)Discovering Charles Dekeukeleire

Doing Film History

The Hook: Scene Transitions in Classical Cinema

Anatomy of the Action Picture

Hearing Voices

Preface, Croatian edition, On the History of Film Style

Slavoj Žižek: Say Anything

Film and the Historical Return

Studying Cinema

Articles

Book Reports

Observations on film art

Archive for the 'Hollywood: The business' Category

Your trash, my TREASURE

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DB here:

More informative about American history than Fahrenheit 9/11. More brain-teasing, and far more enjoyable, than I’m Not There. Less graphically violent than almost any other movie you’re likely to see. What else could I be talking about but National Treasure: Book of Secrets?

Jerry Bruckheimer is, in my view, the most astute producer now working in Hollywood. I could cite many proofs, but let’s stick just to the first National Treasure. Here’s a movie with no pop music, no cusswords, no naked ladies, no drugs, no screwing, and scarcely any violence. (One bad guy accidentally falls to his death down a deep black hole.) When it came out—you can verify this by asking Kristin—I said that it was the ideal movie for grandparents to take the grandkids to. The man who gave us Bad Boys and CSI has realized that there’s a market niche for the PG-rated action film. So we get an amiable romp that mixes together Freemasons, the Knights Templar, the Rosicrucians, Ben Franklin, and for all I know Judge Crater, Atlantis, and the Lindbergh baby.

My colleagues, students, and wife think I’m nuts to like National Treasure. In defense I could point to evocative images like the one surmounting today’s entry, the superimposition of Grandpa Gates’ eye on a pyramid as a condensation of the Masonic/ monetary/ paternity motifs swarming through the movie. But I needn’t strain so far. The pleasures are more elemental.

Secret codes, knights, lost treasure, rich sinister Brits, really deep holes filled with cobwebs, and a cipher on the back of the Declaration of Independence—what’s not to like? All of this is pulled together by a hero who is actually intelligent and knowledgeable. He’s a nerdy patriot (another Bruckheimer touch, reminiscent of The Rock) who can turn a priceless hoard over to the US government without a quiver. How often do you find a story whose protagonists are people who know and care about the past? In the DVD supplement, an alternative ending shows schoolboys eyeing the recovered Declaration. One wonders if there’s really a treasure map on the back. The other mutters, “It’s a plot to make us learn history.” What if he is right?

Of course some will say Spielberg/ Lucas/ Kasdan did it already with Raiders. But that was a knowing effort to relive somebody’s phantom vision of B serials. Besides, does anybody believe that Indy knows as much about archaeology as Ben Gates does about nearly everything? If it recycles anything, National Treasure amounts to a revival of the wholesome 1950s Disney adventure movie. What Treasure Island (1950), Davy Crockett (1955), and The Great Locomotive Chase (1956) were for an earlier generation, National Treasure is for today’s twelve-year-olds. It compares favorably with those entries in verve, wit, and speed. (How it gets that speed is a topic I take up in “The Hook,” a new online essay. That piece tries to show that even if you don’t like the movie, its narration provides a nifty tutorial in some strategies of Hollywood storytelling.) My only regret is that in the epilogue NT 1 actually uses, Ben and Abigail are given a mansion and Riley gets a cherry-colored Ferrari. That’s a bit crass. Knowledge, selflessness, and pluck should be their own rewards.

Your correspondent regrets to report that Book of Secrets is not up to its predecessor. It’s still quite entertaining, and it has some transitions as clever as those I talk about in the aforementioned essay. The premise, involving the Lincoln assassination and the besmirched reputation of Ben’s ancestor, is workable and even moving, grounded as it is in parallel father-son reconciliations. The clue-sequences are more ingenious than, say, the simple linear connectives in Bourne Ultimatum. There are a few nifty compositions (e.g., a reflection of Ben in a windshield) and some nicely-timed reaction shots of Riley and Ben’s dad. (Someday, I swear, I will blog about reaction shots, a key to Hollywood storytelling.) I liked the way that the slapped-together family of the first installment—Dad Ben, Mom Abigail, Riley the kid—is expanded to include the old folks. Of course I regard the rekindled affection between Ben’s father and mother as backup for my Grandparents-Grandkids Hypothesis.

Still, the sequel lacks the throwaway byplay between Ben and Riley and the clever misdirection of certain scenes, principally the extended heist at the National Archives reception. The plot is somewhat too stuffed with incident, jerking us abruptly from continent to continent. (Will American filmmakers please give up the informative title card “Paris, France”?) It seemed to me as well that Ben’s reasoning involved not so much high-context inferences as inspired guesswork. The contrived quarrel in Buckingham Palace between Ben and Abigail is nothing like as enjoyable as Ben’s snippy requests for silence after they’ve lifted the Declaration in NT 1. Sequels don’t have to be a step down from the original, as this entry has argued at length, but alas NT 2 is.

Don’t, however, tell me that the thing is preposterous. Friend, the genre is built upon the preposterous. Preposterosity is its middle name. Jules Verne, H. G. Wells, and Edgar Rice Burroughs all spun their yarns out of hopelessly far-fetched premises. There is nothing as nutty in this franchise as the idea that Tarzan could teach himself to read. The task is always to make a crazy logic out of a farrago, and this the new installment does, skipping from pre-Columbian inscriptions to the idea that, as Riley phrases it, “Mount Rushmore was a coverup.” I buy that, and I completely buy the idea that our Chief Executives pass along a book recording all the Big Secrets in US history. The only item I couldn’t swallow was the prospect that America might elect a President who majored in architectural history.

Compensating for the feature’s drawbacks were the hors d’oeuvres at my screening. Now when we go to the multiplex we get Bonus Supplements, just like in the old days of trailers, shorts, and educational featurettes. My extras were a trailer for the upcoming Pixar release Wall*e, a trailer for the new Narnia installment (produced by our old compadre Mark Johnson), and even a Goofy cartoon, How to Hook Up Your Home Theater. Brainwashed by TV ads, the Goof races to the chain store Shiny $tuf to get his gigantoscreen and peripherals, under signs reading: “Obey—Buy!” At home, he has to sweep a faded pic of Uncle Walt off his sideboard to clear space for the new gear, which arrives in a blizzard of styrofoam peanuts. As fast as a Clampett and as silly as a classic Goofy, the cartoon includes his memorable “Wah-yoo-yah!” holler as he is launched into space.

How to Hook Up Your Home Theater even looked hand-drawn. If it’s on the Book of Secrets DVD, I’ll buy that disc. Hell, I probably will anyhow.

PS 7 January Thanks to Greg Thow for calling my attention to a nice background interview on the making of the Goofy short.

PPS 8 January Thumbing through folders–real ones, made of manila–I find that agents use National Treasure as the model of a “four-quadrants” movie.

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Bob Shaye is the most reckless man in Hollywood. True or false?

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Kristin here–

As a writer and even more as a reader, I am frequently baffled when an author with a fascinating, innately dramatic story to tell feels it necessary to ratchet up its appeal with hype. I’m an amateur Egyptologist and sometimes watch the documentaries made by the Discovery Channel, National Geographic, and the other educational TV outlets. Now, a great many people are fascinated by ancient Egypt in a way that they aren’t by virtually any other period of history. So many events and aspects of that society are at least intriguing, at most amazing. The building of the pyramids, the process of mummification, the distinctive artworks–all of these could sustain straightforward presentation.

Instead, the filmmakers responsible for these documentaries feel it necessary to beef up their ancient subject matter. The factual scenes are interspersed with shots of actors dressed in pharaonic costumes driving chariots across the desert, accompanied by overblown music. Archaeologists hover outside supposedly sealed tombs or chambers, speculating breathlessly as to what might be inside. Artificial mysteries are overly prolonged, when all along the filmmakers know the answers. Since the channels producing these documentaries are often subsidizing the archaeologists’ work, there is pressure for these scholars to make more glorious claims for their findings than the facts warrant.

Similarly, film history contains innumerable stories that are both educational and entertaining, if told in a straightforward, factual way. Any major film’s making yields many facts and anecdotes that are in themselves interesting. Yet here, too, many authors—especially journalistic ones—seem to feel the need to inject an artificial drama into their tale. This can be harmless, but if an author tries too hard, the facts get obscured or distorted.

In the case of big box-office successes, journalists tend to find one over-arching claim that can seem to explain a film while giving it an extra dose of drama. There was one such concerning The Lord of the Rings that I encountered over and over when I was researching The Frodo Franchise. Despite all the twists and turns that the progress of the film took—the unlikely move from Miramax to New Line, the last-minute casting of Viggo Mortensen, the struggles to reach remote filming locations, the third part’s winning eleven Oscars, and many, many more—somehow there wasn’t enough drama. In this case, the big claim was that Rings was an immense gamble on the part of New Line’s founder and co-president, Bob Shaye. Some have believed, both before and after the trilogy’s release, that its failure would have meant the end of New Line. The independent firm would have been absorbed into parent company Time Warner, and Shaye would have been stripped of power.

My book was written after all three parts of Rings had gone into the box-office record books. New Line had grown considerably and was in no danger. During my research I questioned people involved in the film’s production and people in the industry who would have reason to know whether New Line really stood in such a precarious position in 2001. Opinions were divided, but few thought that New Line would have disappeared had the trilogy flopped. A gamble, yes, but ones where the stakes were lower and the odds more in New Line’s favor than most accounts would suggest.

Boffo! by Bart

I can see why journalists, even in trade papers like Variety and Hollywood Reporter, would find it convenient to fall back on this gamble motif when writing copy on a short deadline. Now, however, the familiar claim has reappeared in Peter Bart’s book, Boffo! How I Learned to Love the Blockbuster and Fear the Bomb (Miramax Books, 2006). Bart deals with extremely successful films, plays, and TV shows. The Lord of the Rings occupies one chapter.

When the first anniversary of this blog rolled around, David wrote about some of our goals as film scholars and bloggers. One of them was this:

We’ve tried to deflate some clichés of mainstream film journalism. Writers of feature articles are pressed to hit deadlines and fill column inches, so they sometimes reiterate ideas that don’t rest on much evidence. Again and again we hear that sequels are crowding out quality films, action movies are terrible, people are no longer going to the movies, the industry is falling on hard times, audiences want escape, New Media are killing traditional media, indie films are worthwhile because they’re edgy, some day all movies will be available on the Internet, and so on. Too many writers fall back on received wisdom. If the coverage of film in the popular press is ever to be as solid as, say, science journalism or even the best arts journalism, writers have to be pushed to think more originally and skeptically.

The same goes, only more so, for books written in the same spirit. Journalistic writing is at least somewhat ephemeral. Books, though, stay on the shelf, and they automatically command a certain respect.

As I said, the story of Rings, told straightforwardly, is immensely dramatic. What better story could a film historian possibly have to tell? All through the researching and writing processes, I tried simply to discover, convey, and interpret that story without adding hype.

Bart adds the hype. His chapter on Rings not only revives the old gamble angle but goes further, asking, “What was the bravest gamble in the history of filmmaking?” Arguably, he answers, the trilogy.

Why? First, it was risky to make all three films at once. Granted, though as Bart acknowledges, there were enormous cost benefits from doing so. Second, the initial budget of $130 million, according to Bart, ballooned to $330 million. Now the problems start. $130 million was the budget when Rings was still a two-part project at Miramax. Taking over the film, New Line provisionally kept the existing budget until a three-part script could be written and the costs estimated on a firm basis. The estimate then grew to $270 million, which we should count as the budget the studio was really working from. The success of Fellowship of the Ring led New Line to agree to requests for more money in making the second and third parts. Costs did not run wildly over expectations.

What else was so risky? According to Bart, New Line earmarked “virtually its entire production budget to support the effort.” If Bart has evidence for this claim, he doesn’t share it. Without access to New Line’s accounts, we can’t be absolutely certain. Still, there is considerable evidence to the contrary. New Line executives have consistently pointed out that, spread over the three years of the trilogy’s release, their own annual investment was relatively small. Co-president Michael Lynne has said in a number of interviews that most of the budget was covered by other companies. In a recent issue of Screen International, he declared, “The foreign distribution rights alone were responsible for close to 70%” (Mike Goodridge, “The Ringleaders,” October 26, 2007, p. 23).

There were 26 foreign distributors, several of whom paid visits to the Wellington facilities during the production. I have talked with some of the filmmakers who took those distributors on tours. My book includes a case study of the Danish distribution company based on a two-hour interview with one of its executives (Chapter 9). During the years of the trilogy’s release, the trade journals, including Variety, ran stories about these distributors. The 70% figure, by the way, doesn’t count the merchandising licenses, many of which had been sold in 2000, helping to finance the trilogy. New Line was gambling, but largely with other people’s money.

Further, Bart declares, Shaye’s decision was a gamble because the narrative of Tolkien’s novel was so complex that it had previously scared off Spielberg, Kubrick, Harvey Weinstein, Saul Zaentz, and the Beatles (p. 51). Again, my research points in other directions. I have never heard that Spielberg was in the running to make Rings at any point. Stanley Kubrick was approached by Apple, the Beatles’ company, back in the late 1960s, when the Fab Four were interested in starring in a film adaptation of Rings. I suspect that it wasn’t the novel’s complexity that made Kubrick decline. (The Beatles got interested in transcendental meditation and went off to the Far East.) Bart says that Saul Zaentz “did little” with the production rights once he acquired them (p. 54). But in 1978 Zaentz produced an unsuccessful animated version of the first half of the book and decided not to make the sequel. Harvey Weinstein very much wanted to keep the Rings project at Miramax, but he was forced by parent company Disney’s head, Michael Eisner, to scale it back to a single two-hour feature. Peter Jackson refused to accept that condition and took the project to New Line.

Finally, Bart points out that Jackson was then a little-known director with not a hit to his name. True, but as I point out in my book, for the short time the Rings was in turnaround from Miramax, Jackson alone had the power to bring the project to New Line. Shaye undoubtedly wanted the rights to Rings, believing that it would make a successful franchise. Jackson came along with those rights.

Late in the chapter, Bart offers another reason why taking on the trilogy flew in the face of conventional wisdom: New Zealand is very remote from Hollywood (p. 63). Perhaps the distance caused some troubles, but it saved a huge amount of money—enough to make the difference between the trilogy getting made or not. In The Frodo Franchise I calculate (based on costs for a comparable effects-heavy epic, Titanic) that Rings might have cost roughly $544 million if made in North America (or $700 million if one includes the 120 minutes of extended-edition footage). Jackson undertook a similar estimate based on Pearl Harbor and came up with a figure of $180 million for Fellowship—and three times that is $540 million. The difference between those figures and $330 million pays for a lot of airline tickets.

Shaye’s “Gambler” Reputation

One of Bart’s conclusions is, “For those who, like Bob Shaye and Michael Lynne, believed that big returns emanate from big risks, Lord of the Rings provided a unique and generous validation” (pp. 63-64). This is peculiar indeed. I don’t think either Shaye or Lynne would agree with that assessment of their approach to production. Shaye was known for running a tight fiscal ship at New Line. His company became famous for turning miniscule investments into massive hits and franchises: most notably, Nightmare on Elm Street and Teenage Mutant Ninja Turtles. Shaye has a sign on his office wall that reads “Prudent Aggression.” That, I would say, is the attitude with which he approached the Rings decision.

Neither Shaye nor Lynne has generally encouraged the notion of the Rings deal as a gamble. (See my first chapter for more on this.) In the Screen International piece cited above, the interviewer asks that very question: “Do you agree that the trilogy was the riskiest venture that any film company has tried to date?” Shaye responds, “We had hedged somewhere between 70%-80% of our investment.” Lynne adds, “If it had broken even, nobody would have been happy. The company wouldn’t have gone out of business, but it definitely would have been a problematic issue for people who had invested with us, and for Time Warner itself.” (The investors were the international distributors who had pre-bought the entire trilogy.)

In an interview on The Charlie Rose Show earlier this year, Lynne said something similar: “The problem was, if the first film didn’t work, the next two were certainly not going to work, that these films would at best break even. Well, no one at Time Warner was going to be thrilled that we invested the three hundred million dollars and just got our money back! So although we weren’t betting the ranch, we certainly were betting our credibility.”

The gambler image no doubt redounds to Shaye’s advantage in some ways. He was the only one in Hollywood willing to take on the immense project when Jackson was shopping it around the studios. He was famously the one who told the director that he should make three films, not two. Despite occasional tensions between the filmmakers and studio executives, Shaye and Lynne not only stuck with the project but acceded to requests for tens of millions in additional spending. Shaye’s resulting image is that of a savvy maverick who outguessed the heads of the other studios.

On the other hand, it can’t be to his advantage to be perceived as reckless. If people think that Rings really was the biggest gamble in the history of Hollywood and that Shaye risked $330 million of his own firm’s money, blithely taking a chance on a director of splatter films, then he risks coming across as irresponsible. Hence, I suspect, his and Lynne’s care in informing interviewers that they had found investors and licensees to cover the bulk of the trilogy’s budget. Shaye has also pointed out that the trilogy stretched over three fiscal years, as I mentioned, making the annual investment in Jackson’s film modest relative to its epic qualities.

Of course the trilogy was a gamble. As Shaye said in the Charlie Rose interview, “But every film commitment is a gamble to some extent.” The size of this particular gamble, however, has been considerably exaggerated. Shaye and Lynne knew what they were doing. They saw the savings to be had by filming in New Zealand and by committing the cast members up front to all three films—hence obviating the possibility of ballooning salary demands if the first part was successful.

I’m sure there were many moments of worry and doubt in the years between New Line’s official announcement of the project on August 24, 1998 and the triumphant preview screenings at Cannes in May, 2001—when journalists and foreign distributors alike realized that the studio had, as Harvey Weinstein put it at the time, “another ‘Star Wars’ on their hands.” Still, I would place a small bet that during those same years the disastrous Town & Country (filmed in 1998 and released in late April, 2001) was giving Shaye and Lynne at least as much anxiety. That long-delayed film cost $90 million, with a publicity budget of $15 million. It grossed $10 million worldwide.

Above all, Shaye saw the likelihood of the trilogy’s success in a way that no one else did. My favorite statement of his was quoted in a Time article in late 2002, shortly before the release of The Two Towers. Asked why he had wanted three films instead of two, Shaye replied: “It was so wonderfully presold. It was like Superman or Batman.” Juxtaposing Tolkien’s novel with those comic-book superheroes might bring a smile—but he was right. If we can just set aside the persistent notion that Rings was a huge gamble, we can see that Shaye was remarkable for his foresight, not his recklessness.

I was, and may still be, a spy for the MPAA

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DB here:

The Motion Picture Association of America is the trade association of the major film production and distribution companies. Founded in 1922, it helped the Hollywood studios maintain their control of the US industry and foster its business abroad. (See Kristin’s book Exporting Entertainment for an explanation of how it worked.) In 1945 the MPAA split off its international efforts and created a subsidiary, the Motion Picture Export Association of America, which helped the majors move in a systematic way into world markets. The current MPAA members are the Big Six: Sony (Columbia), Buena Vista (Disney), Universal, Paramount, Warner Bros., and Twentieth Century Fox.

About fifteen months ago, the MPAA created a survey called My Movie Muse. Reading about it in Variety, I eagerly signed up. Every three or four months My Muse contacts me and asks me to answer some questions. At the end of the survey, I’m told that my name has been entered in a drawing for a gift certificate from Amazon.

I’ve never won. I’ve never heard who did. Maybe I won and the MPAA forgot to tell me.

The Movie Muse survey started last year with 7500 participants. You can join us by going to the website.

The initiative, according to MPAA head Dan Glickman, enables moviegoers to tell the industry their concerns.

People want to have input. They want to know that their movie viewing experiences are worth their time and money, and they want to know that our industry is hearing their criticisms and demands. In this age of participatory media, My Movie Muse will give consumers an opportunity to be heard.

Unfortunately, we Musers have little opportunity to say anything that doesn’t fall into a narrow set of multiple-choice queries. Let’s take a little drive through the questions. Beware the speed bump.

Eyes on your own paper, buddy

Every Muse form I’ve filled out is essentially the same, with a few seasonal variants. (What is your favorite Halloween movie?) The Muse announces that some questions will be repeated every few months “so that we can see how your opinions change over time.” You could perhaps make the Muse happy providing different answers at each iteration of the survey.

The Muse’s first clutch of questions involves your opinion of movies in general. Do you like ‘em or dislike ‘em? Do you think they’re better than they were in the 1990s? How do they compare with other forms of entertainment, like TV shows, videogames, and music? Do you like indies, kid movies, dramas, comedies, animation, documentary, whatever? How often do you see movies in theatres, rent DVDs, buy DVDs, or watch a movie online? How do you like the moviegoing experience in your local theatre? And so on. This is all pretty banal and anodyne, though I can imagine a firm using these data to help back up production decisions. (“See? I told you nobody likes Westerns.”)

The Muse proffers the Don’t Know option often, sometimes to puzzling effect. Is Don’t know really an appropriate answer to statements like the following?

Movies are often a topic of conversation among my friends.

I like to watch my favorite movies over and over again.

I use a DVR, iPod, computer CD or DVD burner on a regular basis.

Sometimes the inquiry turns Borgesian. Here’s one statement:

Movie plots are more predictable than they used to be.

If you don’t know, they’re probably not more predictable, at least to you. Another question asks:

Did you know that some movie theaters offer programs for frequent moviegoers, where you can earn free popcorn, sodas, and movie tickets depending on how many times you go to the theater?

The options are: Yes/ No/ Don’t know. Presumably if you don’t know, you’ll answer No. But if you answer Don’t know, does that mean that you don’t know whether you know?

In any case, the speed bump comes up soon enough. Not to scare you, but maybe there’s some serious stuff ahead.

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Don’t know what a slide rule is for

We’re eased into the hard questions gradually:

Are you aware of peer-to-peer file-sharing services that allow you to download full-length films or TV shows via the Internet for free?

Again we get Don’t know as an option, which isn’t really viable. Try telling an interrogator allowed to use harsh measures, I don’t know if I’m aware of peer-to-peer file-sharing services. . . But now there’s another option: Prefer not to say. Good choice. Too bad it won’t come up again.

We’re asked how often we download purchased movies and TV shows, download bootleg material, buy bootleg DVDs, copy DVD files to hard drives, and receive CD or DVD copies from a friend. The Muse is also curious about how often you copy such material to disc for a friend, or for your personal use. The permitted answers range from Never to 4 or more times a month. This menu may need revising; I suspect some of my friends pursue these activities 4 or more times an hour.

Anyhow, it seems likely that nearly everybody between the ages of 4 and 50 has done at least one of these things. You’d prefer to say Prefer not to say, but the only evasive tactic is Don’t know.

You recall the Perry Mason trick: After the sweating witness has testified, Perry asks, “Are you aware of the penalties for perjury?” Something similar happens here. Once the Muse establishes that you’ve surely broken the law, with relentless prosecutorial logic it asks if you did so willfully. Getting cozy in a Good Cop way, the Muse acquires a singular personal pronoun:

For each of the following activities, please tell me whether you think they are legal or illegal:

Copy a movie or TV show on a CD or DVD to give to someone else.

Go to a website and download a TV show you paid for.

Go to a website and download a full-length movie you paid for.

Copy files from DVDs onto your hard drive.

Buy a bootleg DVD.

Go to a file-sharing site and download a TV show for free.

Receive a copy of a movie or a TV show on a CD or DVD for your own use—to watch whenever you want.

But the statements are too bald and inexact. These activities aren’t necessarily illegal, according to intellectual property attorney Jim Peterson:

The work might be in the public domain (too old, registration or renewal failure) or it might be a fair use. You could conceivably download a movie as a fair use for your own scholarship without violating the DMCA prohibitions on defeating copy protection or removing copyright management information. The guy who cracked the copy protection on the DVD probably has some Digital Millennium Copyright Act problems, though. Same thing with buying a bootleg DVD. I don’t think buying is illegal; it’s selling that’s the problem.

Since the Muse’s questions don’t allow for such nuances, once more the Don’t know option is looking mighty attractive.

My Muse goes on to ask if any of the following considerations would affect your decision to undertake the illegal activities you’ve already mentioned. Now if you thought that they were all legal, or if you answered Don’t know, then presumably you don’t have to reply to what follows. In any case, imagine Penn Gillette reciting each of these possibilities in his most explosively disrespectful voice, with expletives freely inserted. Would you avoid breaking the law . . .

If official DVDs were $5 cheaper?

If tickets for the movie theater were $2 cheaper?

If a portion of the DVD price was contributed to charity?

If you were concerned that buying and downloading unofficial copies was tied to criminal activities or terrorism?

If friends or somebody in your community were being prosecuted for a similar activity?

If you received a notice warning you that you might be prosecuted?

If you got off with a wrist slap and a threat of future surveillance?

If you were made an example in order to deter other scum?

If specially-made DVDs carried an electrical charge of 50,000 volts to be shot into a user when s/he sought to copy them?

If certain DVDs were sprayed with microbes carrying sexually transmitted diseases?

Granted, I made up some of these, but maybe you can’t tell which ones. Anyhow, the correct answer is Don’t know, said quickly ten times with your hands over your ears.

Suppose you say you don’t download movies illegally. Then My Muse, not one to back off, asks why you don’t break the law. The lengthy set of options includes such noble justifications as I don’t have the time, I don’t know how to do it, I don’t like to watch movies at my computer, It takes too long, and I wouldn’t get the DVD bonus materials. For such freedoms brave men died.

The replies It is illegal and I’m afraid of getting prosecuted and sued come at the very end. Correct answer: Oh, riiight . . . It’s illegal. Sure . . . that’s it . . . Illegal. Of course, if the purpose of the questionnaire is not to find out what we think but to tell us what to think, then these questions come at the right moment. They tacitly say: All of the above-mentioned things you are doing, or are now thinking about doing, can be punished by lawsuits and a stay in the Big House.

The last page offers you a list of legal movie download sites, asking if you recognize or use any of them. I recognized most, but Guba and Vongo were new names to me. I don’t think I could bring myself to use any service, even for roto-rooting purposes, called Guba or Vongo.

Just as you’re ready to pack your toothbrush for the holding tank, the Muse gives a cheery farewell. “That’s it! . . .You’re done!”

When My Muse went online last year, industry observers noticed right away that the survey seemed more about selling people the MPAA’s line on copyright than about getting their responses. Anthony Kaufman, one of the dueling cavaliers of the cineblogosphere, wrote:

The leading questions are clearly part of a larger MPAA struggle to bolster copyright initiatives and crack down on fair use, file sharing and anything that threatens the bottom line of the international conglomerates. Dan Glickman may be the kinder, gentler face of the MPAA in the wake of Jack Valenti’s exit, but if his demeanor is softer, his goals are still just as nefarious.

This is a plausible interpretation. But I don’t want to rule out the possibility that the studios might really listen to my write-in request that they upgrade release prints and stick with 35mm instead of going digital. Or maybe the MPAA is branching out into online entertainment, like those commercials, quizzes, and snack-bar plugs that come up before the trailers. Is My Movie Muse a trial balloon for a new feature, DRM: Be Very Afraid?

Don’t know, Don’t know, Don’t know.

I’m not holding my breath for my Amazon certificate either.

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Crix Nix Variety’s Tics

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Kristin here–

Today Anne Thompson’s blog contains a short entry linking to an “acerbic Brit Blogger” who has objected to the language used in Variety. The writer in question is Ronald Bergan, whose title sums up his claim: “It’s time Variety started speaking English.”

Bergan acknowledges that Variety is the best source of news on film, film festivals, and reviews. (The journal also covers TV and theater, as well as occasionally music and videogames.) But, he adds, “Pity then that it is unreadable.” Bergan attributes the cause to “Varietyese.” “Sticks Nix Hick Pix,” which he cites from the 1930s, is the sort of joke that has “now worn thin.”

Bergan also quotes a passage rife with what Variety itself terms “slanguage”: “The rookie self-distribbed indie pic, helmed and lensed by Alan Smithee, is geared for upscale fest auds and urban markets, particularly in Euro zones west and east. But the protags are too high-hat for wider BO appeal. Most perfs are boffo and tech contributions are on the money.” His opinion is that “This sort of writing not only degrades film criticism and demeans reviewers but debases the English language.”

Thompson, unfazed, responds, “I enjoy throwing around slanguage like prexy, helmer, boffo and pics with legs. They’re ingrained in my brain. What’s not to like?”

What, indeed? Anne, there’s plenty of mitting for your position, despite a few sour comments agreeing with Bergan that have been posted in response to your entry. As you point out, the heavier use of terms that might be unfamiliar to many comes in the print versions of Variety. The website, available to a broader public, tones them down distinctly. Given how much it costs to subscribe to the print edition, presumably mostly industry insiders (and some film historians) are reading it. Speaking as one who looks forward to the arrival of Variety every week and reads the film parts immediately, I enjoy its distinctive prose.

I occasionally run across a slanguage term I don’t recognize. Usually they’re pretty easy to figure out. As a hypothetical headline, “Thesp Ankles Ten-percenter” is a little odd, but couldn’t a reader figure out that an actor has left his or her agent? OK, it’s a little obscure, but I for one find it charming rather than annoying. And if I can’t figure a term out, I can check Variety‘s online slanguage dictionary.

Indeed, I’d like to suggest that slanguage is only one element in a Variety style. It’s partly the breezy tone, whether slanguage is employed or not. It’s most evident in the headlines, which can draw upon a number of devices. I can think of at least three. These examples come from the October 22-28, 2007 print edition.

There’s rhyming, as most famously represented by “Sticks Nix Hick Pix.” Most aren’t that spectacular, but there’s the subtler “Studios try slower pace to kudos race.” (That’s for one of Thompson’s own stories.)

There is insistent alliteration, which is a pretty common tactic. Three instances: “Super-size Skeins Shrink Skeds”; “Brooks Book is Biz’s Bible”; and “Claques Click with Canucks.”

Finally, there’s the pun on a familiar title or phrase: “Puttin’ on the Snits.”

These are all fairly ordinary Varietyese. I wish I could remember some of the past titles that have made me laugh out loud. Glancing through my files, I could only find one of those, on a story concerning studio head Michael De Luca’s abrupt departure from New Line Cinema in early 2001 (above).

Dignified? No, but Variety covers the entertainment industries, and why should it not take on a little of the spirit of its subject?

When I was writing The Frodo Franchise, I wanted to make its style appealing. I wanted it to be clear that it wasn’t just an academic tome but one aimed at the general reader—especially fans of the Lord of the Rings trilogy. Of course there are the standard tricks, such as starting chapters with an intriguing anecdote or with a surprising fact. It occurred to me that maybe I could lighten the tone with some amusing titles for the chapters and their subsections. What better model to follow than Variety?

I began to appreciate the challenges a Variety title-writer must face. In some cases I came up with some decent ones, falling into the three types I listed above—not that I thought about the categories while waiting for inspiration to strike. I’ve read the trades long enough to know what an authentic Varietyese title sounds like.

Rhyme: “Last Ditch for PJ Pitch” for the section where I talk about Peter Jackson’s presentation of his project to New Line head Bob Shaye.

Alliteration: The book title itself, and the chapter “Flying Billboards and FAQs.”

Puns on familiar phrases: “In the Darkness Spellbind Them,” on the release and success of the films, and my personal favorite, “Zaentz and Zaentz-ability,” on Miramax’s negotiations with producer Saul Zaentz for the Rings production rights. A zinger of a Variety headline should make you groan at the silliness and yet at the same time shake your head with admiration.

But I couldn’t think of such “headline” titles for every chapter and subsection. Many of them ended up being just plain and descriptive. Still, I tried in every case. It was fun.

That brings us back to the Bergan blog entry. He seems to believe that Variety’s writers are forced to write such stuff by their employers and ends his entry by urging them to “go on strike for more textual flexibility. I can see the headline now: Hax Nix Variety Lingo.”

The author presumably thinks that that headline typifies Varietyese, but it really doesn’t. It has no rhyme, no alliteration, no pun, and no slanguage words. Bergan just made up “hax” to echo the “Sticks” title quoted above. (Pretty insulting to Variety scribes, too.) I’ll never be good enough or quick enough at this to get a job at Variety. Still, I offer the title of this entry as more in the magazine’s true spirit.

David Bordwell
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