Indie Filmmakers Beat Screeners Ban

Independent film producers have won a major court battle when a federal judge stopped big movie studios from enforcing the so-called 'Oscars screener' ban that prevents advance copies of films being sent to movie award judges.

In his ruling, U.S. District Judge Michael Mukasey sided with independent film producers who accused the Motion Picture Association of America of participating in an antitrust conspiracy to limit the smaller movie makers' exposure during the annual award season.

The indies argued that the advance copies, known as screeners, allow voters and critics to watch videos of competing movies at home rather than at studio screenings held only in certain locations. They said the ban threatens their livelihood by limiting their chances to get awards, thus hurting possible ticket sales and making it more difficult to get financing.

Mukasey said the independent film producers had shown they would be irreparably hurt because the award season had already started and the ban has already prevented them from sending out screeners in two competitions.

"Plaintiffs have shown they are at risk of loss of revenues as a result of the screener ban," he said.

Simon Barsky, general counsel for the MPAA, said the group would appeal, probably within two weeks.

Source Of Pirated Movies
Jack Valenti, chief executive of the group, said the MPAA maintains that the screener policy is aimed at curtailing movie piracy. "We know, without dispute, that in the past screeners have been sources for pirated goods both domestically and overseas. We will appeal because the impact and growing threat of piracy is real and must be addressed wherever it appears."

Ted Hope, an independent producer, said he was thrilled with the ruling. He said he had run out during the hearing and notified distributors they could send out advance movie copies.

The smaller filmmaking companies sued the MPAA, arguing that the trade group conspired with major movie studios to inhibit competition and hurt the smaller producers.

The MPAA announced the ban on Sept. 30 amid concern that videotapes and DVDs of films vying for Oscars, would be illegally copied and sold on black markets in the United States and overseas, or offered for free on the Internet.

The policy has ignited a bitter dispute with the independents, who argued the measure was aimed at hurting them. They said that a recent deal to lift the ban for Oscar voters at the Academy of Motion Picture Arts and Sciences did not alleviate the issue. The Academy was not named as a defendant.

Lawyers for the independent filmmakers had urged the ban be lifted immediately because judges for several awards shows would be nominating movies and performers over the next few months. They said that ballots for Golden Globe nominations are due on Dec. 15.