Nearly 200 Top Doc Makers Sign Open Letter of Support for Joe Berlinger

In the aftermath of a judge's ruling that may force filmmaker Joe Berlinger to hand over the outtakes from CRUDE to energy giant Chevron, nearly 200 top documentary filmmakers have signed "an open letter of support", protesting the breadth of the decision by Judge Lewis A. Kaplan to allow Chevron to subpeona all of Berlinger's raw footage.

Noting that "it is understood that First Amendment protection of the journalist's privilege is never absolute", the letter goes on to note that "(t)ypically, if such privilege is successfully rebutted in court, a turn-over order demanding a document or other thing is issued..."

"Therefore, it is astounding to us that Judge Kaplan demanded that all of the footage shot during the production of the film be handed over to the attorneys of Chevron, given that the privilege exists primarily to protect against the wholesale exposure of press files to litigant scrutiny...

At the heart of journalism lies the trust between the interviewer and his or her subject.  Individuals who agree to be interviewed by the news media are often putting themselves at great risk, especially in the case of television news and documentary film where the subject's identity and voice are presented in the final report.  If witnesses sense that their entire interviews will be scrutinized by attorneys and examined in courtrooms they will undoubtedly speak less freely.  This ruling surely will have a crippling effect on the work of investigative journalists everywhere, should it stand."

Spearheaded by filmmaker Patrick Creadon and editor Doug Blush (who worked together on WORDPLAY and I.O.U.S.A.), the letter has been signed by a veritable who's who of the documentary community, including at least 20 Oscar winners (among them: Michael Moore, Alex Gibney, Rob Epstein, Barbara Kopple, Peter Davis, Davis Guggenheim, Freida Lee Mock, James Marsh, Louie Psihoyos, Ross Kauffman, Kevin Macdonald, Jessica Yu, Cynthia Wade, Mark Harris, Steven Okazaki and Leon Gast), and even more Oscar nominees (including DA Pennebaker, Morgan Spurlock, Laura Poitras, Kirby Dick, Heidi Ewing, Rachel Grady, Jeff Blitz, James Longley, Tia Lessin, Carl Deal, Ellen Kuras, Robert Kenner, Julia Reichert, Steven Bognar, Scott Kennedy, Hupert Sauper, Liz Garbus and Amy Berg) as well as dozens of the community's top filmmakers (Kim Longinotto, Jehane Noujaim, Chris Hegedus, R.J. Cutler, Nick Broomfield, Haskell Wexler, Steve James, Peter Gilbert, Ken Burns, Lucy Walker, Doug Pray and Amir Bar-Lev, among them).

[Full disclosure: I am also a signer on the letter.]

Work began on the letter on Saturday when Creadon reached out to a handful of filmmakers calling for a united community response in support of Berlinger.  A first draft on the letter was completed Sunday, with the IDA joining the effort and working with Creadon and others to finesse the language regarding the case's complex legal issues.  IDA President Eddie Schmidt took the letter to his Board of Directors, which decided to sign the letter en masse to make a statement on behalf of the organization. 

"Advocacy is an area where an organization like IDA can make a difference - and we should try to lead as much as we can," Schmidt told me.  "It seemed important to come out early and instrumentally, and luckily, we have a forward-thinking Board of Directors and an Executive Director who believe in making a stand."

Schmidt said that he was amazed at the support the letter garnered within the community in just a few short days.  "Those names say it all: who can argue with the greatest cinematic arguers of our time?"

In an email exchange, Creadon wrote about his reaction to the news as it broke last Thursday:

"I read the story in the New York Times Saturday morning and was stunned when I realized Joe was likely going to have to turn over all of his footage.  What many outside of our community do not realize is that of all the challenges facing documentary filmmakers, it's often the legal hurdles that prove to be most difficult.  And of course legal difficulties usually lead to big legal bills -- a particularly acute kind of pain that doesn't just hurt the individual but can often hurt that person's family and livelihood."

And earlier today, Blush described the chain of events that unfolded after the judge's decision was announced:

"I've worked on several films with critical interview confidentiality issues, and when I first saw the story Thursday, I was profoundly shaken by its implications.  Patrick called on Friday, and he was on fire.  He proposed bringing together doc community filmmakers around a statement of support, and wrote a first draft.  Since then, with many great suggestions and the incredible tidal wave of signatures, the statement is out there and Joe knows he's not alone in this.  My gratitude goes out to Eddie, the IDA, and this amazing global group of artists, and I believe this can be a first step to amend and increase the vital legal protections for our work."

The full text of the letter after the jump.

Filmmakers and others in the documentary community are invited to add their names to this open letter in the comments section of this post.

An open letter in support of Joe Berlinger

and the documentary filmmaking team of

"Crude"

As members of the documentary film community, we the undersigned strongly object to the Honorable Judge Lewis A. Kaplan's ruling last week in the case involving our colleague Joe Berlinger, the Chevron Corporation, and Berlinger's 600 hours of raw footage shot during production of his documentary film "Crude".

Judge Kaplan sided with Chevron and ruled that Berlinger must turn over all of his raw footage to Chevron for their use in the lawsuit discussed in the film.  Berlinger and his legal team plan to appeal the ruling.

In cases such as these involving access to a journalist's work material, whether they involve a newspaper or online reporter, a radio interviewer, a television news producer, or a documentary filmmaker, it is understood that First Amendment protection of the journalist's privilege is never absolute.  Typically, if such privilege is successfully rebutted in court, a turn-over order demanding a document or other thing is issued and the journalist must comply or face the consequences.  Therefore, it is astounding to us that Judge Kaplan demanded that all of the footage shot during the production of the film be handed over to the attorneys of Chevron, given that the privilege exists primarily to protect against the wholesale exposure of press files to litigant scrutiny.

While we commend Judge Kaplan for stating "that the qualified journalists' privilege applies to Berlinger's raw footage", we are nonetheless dismayed both by Chevron's attempts to go on a "fishing expedition" into the edit rooms and production offices of a fellow documentary filmmaker without any particular cause or agenda, and the judge's allowance of said intentions.  What's next, phone records and e-mails?

At the heart of journalism lies the trust between the interviewer and his or her subject.  Individuals who agree to be interviewed by the news media are often putting themselves at great risk, especially in the case of television news and documentary film where the subject's identity and voice are presented in the final report.  If witnesses sense that their entire interviews will be scrutinized by attorneys and examined in courtrooms they will undoubtedly speak less freely.  This ruling surely will have a crippling effect on the work of investigative journalists everywhere, should it stand.

Though many of us work independently of large news organizations, we nevertheless hold ourselves to the highest of journalistic standards in the writing, producing, and editing of our films.  In fact, as traditional news media finds itself taking fewer chances due to advertiser fears and corporate ownership, the urgency of bold, groundbreaking journalism through the documentary medium is perhaps greater than ever.

This case offers a clear and compelling argument for more vigorous federal shield laws to protect journalists and their work, better federal laws to protect confidential sources, and stronger standards to prevent entities from piercing the journalists' privilege.  We urge the higher courts to overturn this ruling to help ensure the safety and protection of journalists and their subjects, and to promote a free and vital press in our nation and around the world.

Patrick Creadon                   Doug Blush
Los Angeles, CA               Los Angeles, CA

Eddie Schmidt
President, International Documentary Association (IDA)

With the support of IDA's Board of Directors:

 Adam Chapnick, Beth Bird, Bob Niemack, Brian Gerber, Gilda Brasch,
Laurie Ann Schag, Marjan Safinia, Moises Velez, Pi Ware, Sara Hutchison,
Senain Kheshgi, Steven Reich, Sue West, Thomas Miller
Executive Director Michael Lumpkin

Supporting Filmmakers
Alex Gibney, Michael Moore, D.A. Pennebaker, Chris Hegedus, Bruce Sinofsky,
Joan Churchill, Rob Epstein, Barbara Kopple, AJ Schnack, Kirby Dick,
Ricki Stern, Annie Sundberg, Heidi Ewing, Rachel Grady, Freida Mock,
Terry Sanders, Marina Zenovich, Tia Lessin, Carl Deal,  Kevin Macdonald,
Ken Burns, Haskell Wexler, Ellen Kuras, Robby Kenner, Elise Pearlstein

Davis Guggenheim, Lesley Chilcott, Rory Kennedy, Jeff Blitz, Laura Poitras,
Marshall Curry, Ross Kauffman, Adam Del Deo, Hubert Sauper, Adam Hyman,
Richard Pearce, R.J. Cutler, Sam Pollard, Jessica Yu, Nick Broomfield,
Morgan Neville, Peter Gilbert, Steve James, Louie Psihoyos, Lucy Walker,
Pamela Yates

Morgan Spurlock, Bill Moyers, Scott Hamilton Kennedy, Tom Weinberg,
Joel Cohen, Kate Amend, Anne Makepeace, Evangeline Griego, David Zeiger,
Chris Paine, Greg Barker, Skip Blumberg, Brian Strause, Joe Angio,
Ben Shedd, Brian Oakes, Dallas Rexer, John Maringouin, Jeff Malmberg,
David Van Taylor

Liz Garbus, Cara Mertes, Simon Kilmurry, Cynthia Wade, Stefan Forbes,
Jennifer Venditti, Peter Kinoy, Tom Putnam, Jessie Deeter, Robin Hessman,
Paco de Onis, Kim Longinotto, Steven Bognar, Julia Reichert, Sean Welch,
Steven Ascher, Jeanne Jordan, Kevin Walsh, Christine O'Malley,
Theodore James, Tomlinson Holman, Paola Di Florio, Martin Smith

Diane Weyermann, Jehane Noujaim, Leon Gast, Bill Guttentag,
Steven Okazaki, Peter Davis, Michael Tucker, Gabor Kalman,
Andrew Goldberg, Eva Orner, Christoph Baaden, Mark Lewis, Annie Roney,
Petra Epperlein, Christopher Quinn, Amy Berg, Douglas Chang,
Tina DiFeliciantonio, Jane C. Wagner

James Longley, James Marsh, Yance Ford, Lisa Rich, Tony Gerber,
Amy Ziering, Kurt Norton, Amanda Micheli, B. Ruby Rich,
Amir Bar-Lev, Jon Else, Judy Branfman, Lucy Phenix, Mike Tollin, Paul Mariano,
Jay Rosenblatt, Johanna Demetrakas, Kristine Samuelson, John Haptas    

 Robert Greenwald, Terry Zwigoff, Laura Gabbert, Matt Tyrnauer, Anna Thomas,
Doug Block, Ken Schneider, Gary Cohen, Peter Gerard, Nathan Truesdell,
Chris Smith, Bob Richman, Sandy McLeod, Judith Katz, Paul Rachman,
Hilari Scarl, Jonathan Stack, Shirley Moyers, Andrew Berends

Lynne Littman, Mark J Harris, Thom Powers, Lauren Greenfield,
Theodore Braun, Mary Ann Braubach, Frederick Gerten, Seth Gordon,
Celia Maysles, Buddy Squires, Jon Alpert, Matthew O'Neill, Henry Alex Rubin,
Rick Goldsmith, Bob Hercules, Jim Morrissette, Howard Weinberg,
Judith Helfand, Andrew Garrison, Rebecca Chaiklin, Doug Pray,
Katy Chevigny, Sarah Gibson, Daniel Junge, Ted Hope,
Tom Fontana, Doug Zwick, Michael Winship, Matt Zoller Seitz

Comments

[Christopher Toussaint]

Christopher Toussaint
Free Spirit Productions
Transvision

[Jan Selby]

Please add my name. Jan Selby, Quiet Island Films

[Jamie Meltzer]

In support,

Jamie Meltzer

[Michael Fox]

I thought I had already added my name to this but cannot find it listed. Any chance of producing an alphabetized list of all those signed up so far? In the meantime, please add my name.

Thanks!

Michael Fox - Documentary Filmmaker

[Judy Chaikin]

Add my name,
Judy Chaikin

[Sara Booth]

Please add my name in support of Joe Berlinger and the protection of a free and vital press.
Sara Booth

[francesca prada]

please add my name as well,

[Emily]

Emily Lobsenz

[Timothy Farrell]

Please add my name to the list:

Timothy Farrell

[Tom Jackson]

Please add my name.

Tom Jackson, Joe Public Films

[Thomas Papapetros]

Please add my name in support.
Thomas Papapetros, filmeditor, Denmark

[Mirel Bran]

Mirel Bran (Filmmaker, Tadami Presse, Romania)

[Tami Yeager]

Please add my name in support of this letter.

[Gary Weimberg]

this is a critically important issue for all documentarians, journalists, and citizens who believe in citizen participation in resolving controversial public issues

[Marcus Rosentrater]

Marcus Rosentrater

[Karen Price]

Please add me: Karen Elizabeth Price

[Mark Barroso]

I support Joe Berlinger. Let's boycott Chevron while we're at it.

Mark Barroso

[Lily]

Lily Keber
Mairzy Doats Productions
New Orleans, LA

[J.Enrique Pardo]

I support Joe Berlinger and you may add my name to this open letter

J.Enrique Pardo ÑO Productions

[Mollyobrien]

Add my name in support of Crude and Joe Berlinger. Free press!

[Muffett Kaufman]

Please add my name.

[Kate Albright-Hanna]

Please add my name: Kate Albright-Hanna

[jon Goldman]

PLease add my name Jon Goldman Producer director of OIL IN THE FAMILY.

[Faith Fuller]

Faith Fuller

[Guy Mossman]

Guy Mossman

[Drew Schofer]

Thats a disgrace. I fully support Joe and a free press.

[Deb Carr]

Add
Deborah Carr
Director/ Producer
Feat Productions
Los Angeles, CA

[Charlotte Lagarde]

Please add my name in support of Joe Berlinger.
Thank you.
Charlotte Lagarde

[william eigen]

William Eigen in support.

[Phoebe Brown]

I support Joe Berlinger. End the Oil Dictatorship!

[Eloise De Leon (filmmaker)]

I add my name in support of Joe Berlinger, to protect the integrity of investigative filmmaking.

[Holly Hardman]

Please add my name in support of Joe Berlinger. Judge Kaplan's interpretation of the law poses a grave threat to our free society. Holly Hardman

[Doug Dearth]

Please add my name: Doug Dearth, One In A Row Films

[Felicity Blake]

Felicity Blake, in support of Joe Berlinger.

[Sandy Cioffi]

Please add my name to this list in support of Joe Berlinger and all documentary filmmakers. We are journalists, and, as such, have every right to protection when working in the U.S. and anywhere in the world.

Sandy Cioffi
Filmmaker
Sweet Crude

[Werner Boote]

please add my name:
Werner Boote, director of "Plastic Planet"
www.wernerboote.com
www.plastic-planet.at

[Therefore]

Dean Terry

[andrea ruffini]

full support- Andrea Ruffini

[Kristin Alexander]

Please add my name to the list.
Kristin Alexander

[Jutta Hercher]

Please add my name in support of Joe
Berlinger.
Jutta Hercher

[Cathy Zheutlin]

please add,
Cathy Zheutlin

[Jason Reid]

Please add my name: Jason Reid, Director/Producer of Sonicsgate.

[Paul Hart]

Please add my name as well. I strongly support Joe Berlinger's right not to have his unedited footage subjected to a fishing expedition.

Paul Hart

[Michael Markowski]

please add

Michael Markowski

[Jerónimo Molero]

Please add my name in support of Joe Berlinger and free expression...

[Uli Stelzner]

please add me

[Shira Pinson]

Please add my name.
Shira Pinson

[Terry Darke]

I am only an amateur doco film maker but this ruling really sucks. Dont even get me started on oil companies!!

[Verena Vargas]

please add me, i fully support the liberty of documentary filmmakers!
best regards
Verena Vargas

[Linda Blackaby]

Please add me to the list of supporters of Joe Berlinger

Linda Blackaby

[susan gluth]

please add my name: susan gluth, germany

[Malte Rauch]

please add my name to the list; Malte Rauch,Germany; maker of docs "Runway" and "Blues March, Soldier Jon Hendricks".

[Björn Jensen]

Please add my name. Björn Jensen, Ginger Foot Films, Germany

[Emma Davie]

Emma Davie

[Felipe Rizzo Prux]

I am subscribing in support of Joe Berlinger:
Felipe Rizzo Prux
Porto Alegre, RS, Brazil.
Filmmaker, performer and enthusiast.

[Geoffrey Cantor]

Please add my name to the list.

It is vital that large corporations that are working unethically are exposed by high quality documentaries so the world can see the truth and decide for themselves.

[simone]

Simone Fary, Nerds Make Media

[Contaminant]

Please add my name,
Kate Jangra - Contaminant Media

[Sarah Schutzki]

Please add my name

[Larry Hott]

Please add my name to the letter: Larry Hott

[Helene Klodawsky]

Please add my name in support of Joe
Berlinger

[Anna Agostino]

Please post my name.

[Kat Smith]

Please add my name in support of the filmmakers and good luck to you.

Kat Smith

[RICHARD KAPLAN]

PLEASE ADD MY NAME.

RICHARD KAPLAN
ACADEMY AWARD "THE ELEANOR ROOSEVELT STORY"
Academy Award Nominee KING; A FILMED RECORD; MONTGOMERY TO MEMPHIS

[Hannes Karnick]

Hannes Karnick, Darmstadt/Germany
Head of German Documentary Association / AG DOK - Chapter State of Hesse

[Leslye Wood]

Please add my support.
Leslye Wood
Producer, Writer
Sweet Crude

[James Lee Aronson]

Great film that has a resonance made greater every day. Please Add my Name.
JL Aronson
Creative Arson Productions

[Matti Bauer]

Please add me

[Neal Baer]

Please add my name in support: Neal Baer, Producer "Home Is Where You Find It" Exec Producer Law & Order: SVU

[Stephen Dypiangco]

Please add my name
Stephen Dypiangco

[Anne Seidlitz]

Anne Seidlitz

[BrentGudgel]

Brent Gudgel

[Todd Dayton]

Todd Dayton
San Francisco, CA

[joanna]

Please add my name in full support. Joanna Rabiger

[CatbirdProd]

please add my name in support of Joe Berlinger.
Katarina Soukup (Montreal)

[Lesley Topping]

Please add my name: Lesley Topping

[Rich Garella]

Please add my name in opposition to this dangerous ruling.
Rich Garella,Producer
Loud Mouth Films

[Pichandi Krishnamurthi]

I fully subscribe to the views expressed in this open letter.

- Pichandi Krishnamurthi

[catherine]

Please add my name in defense of a free press and the upholding of democratic values. With due respect, we can't espouse the value of a free and independent press, and then witness our country's esteemed legal institutions trampling on the same value.

[Kay Hoffmann]

Please add my name in support of Joe Berlinger and his team and to support criticial documentaries worldwide.
Kay Hoffmann, filmjournalist, Germany

[Christian Lehmann-Feddersen]

Please add my name in support of Joe Berlinger and the protection of a free and vital press:
Christian Lehmann-Feddersen
Managing Director / Executive Producer
Doculand Associated Media GmbH
Friedensallee 7
22765 Hamburg
Germany

[Rob Lemkin]

Please add our names: Rob Lemkin and Thet Sambath. Our film "Enemies of the People" is facing parallel albeit different legal pressure and it seems Joe Berlinger and "Crude" may be the canary in the mineshaft. We must act together.

[fabrizia galvagno]

please add
Fabrizia Galvagno, Doc In Progress, Italy

[Vernon Gielen]

Please add my name too. Although I'm unfamilair with the details in Berlinger's case, I believe it is pivotal that documentary filmmakers, like journalists, are able to protect their sources.

Indeed, the First Amendment protection of the journalist's privilege is never absolute.

That said however, any judge, anywhere in the world should be VERY, VERY reluctant to order a documentary film maker to reveal his sources. In the Berlinger case, I read that the judge has ordered ALL the footage to be handed over. Such a ruling seems extremely excessive and biased.

Vernon Gielen
The DocsOnline foundation

[Dara Kell]

Please add my name to the list:
Dara Kell

[Ben Selkow]

Ben Selkow

[Daniel Hegarty]

I would also urge the overturning of this rulling and I am very much in support of Joe Berlinger against this or future similar rulings and the protection of free, confidential and vital press.

D.A. Hegarty,
Prix Europa nominated Documentary Filmaker,
Ireland

[Sara Archambault]

Please add Sara Archambault and Lyda Kuth.

[Justin Schein]

Please add my name as well- Justin Schein, Shadowbox Films

[Anthony Giacchino]

Please add my name in support of Joe Berlinger. Anthony Giacchino, THE CAMDEN 28

[Jeff]

Jeff Mandell

[Angela Cavallaro]

Please add my name to the list!

[Kelly Rose]

I completely support.

Kelly Rose

[David Mehlman]

David Mehlman

[Charlotte Lagarde]

I strongly support this letter.

[Johanna Hamilton]

in solidarity.
Johanna Hamilton
Pray the Devil Back to Hell

[Cassandra]

Please add my name to the list:

Cassandra Del Viscio, Edgeworx Studios

[Marilyn Ness]

I would like to add my name to the petition.

[Denise Bennett]

Support!

[Martin McReynolds]

Just and amateur shooter but sign me as a supporter.