All these wonderful things

LA Judge Rules Dole Must Pay BANANAS!* Filmmakers for Wrongful Lawsuit

In a victory for documentary filmmakers and First Amendment advocates, an LA judge has ruled that food giant Dole must pay $200,000 to cover the legal expenses of the filmmakers of the 2009 documentary BANANAS!* after filing a defamation suit against the filmmakers that Dole later dropped in the face of international outcry.

The long and twisted case began last summer when Dole tried to stop the world premiere screening of BANANAS!* at the Los Angeles Film Festival after a different judge ruled that the court case profiled in the film (which accused Dole of sterilizing Nicaraguan workers) was based on fraudulent activity by the film's protagonist lawyer.  The LA Film Festival went ahead with the screening, despite threats from Dole, but removed the film from competition and set it amidst a conversation about documentary filmmaking practices, all of which set off a controversial debate over that very question.  Throughout, BANANAS!* director Fredrik Gertten sought to rally filmmakers to his cause, finding more success internationally than in the US, particularly in his home country of Sweden, where a concerted effort by the country's parliament and business-led boycotts of Dole led to the company dropping its suit against the filmmakers.

Gertten, who told us at the recent CPH:DOX festival in Denmark that he is at work on a documentary about the case, released a statement celebrating the judge's decision:

"We are extremely happy and relieved with the court's ruling after this year-long struggle. Corporations such as Dole must respect freedom of speech and the freedom of the press. These conglomerates have unlimited resources available to them to get their messages out, while independent filmmakers who are under attack while trying to uncover the truth, have very limited means to defend ourselves."

Appeals Court Rules Berlinger Must Turn Over Some Footage, Limits Original Ruling; Berlinger "Extremely Pleased"

In a bit of a split decision that was anticipated by court watchers yesterday, the US Appeals Court just handed down its order that filmmaker Joe Berlinger must turn over select portions of raw footage from his documentary CRUDE to Chevron.

The decision is a brushback to the broad order issued in May by US District Court Judge Lewis Kaplan, that ordered Berlinger to turn over the entirety of his raw footage.  The appeals court said that only segments of the raw footage directly related to a lawsuit against Chevron need to be turned over.  Chevron has argued that the footage will show fraud on the part of an expert witness who testified in the case.

Moments ago, Berlinger sent us the following statement about today's ruling:

"Since the court issued its Order without yet a corresponding legal opinion, I must reserve my full analysis of the results until the three-judge panel's opinion is rendered.  However, I can say that we are extremely pleased with today's results.  The appeals court has substantially limited Judge Kaplan's overbroad order, which was the main thrust of our appeal.  Furthermore, the court has expressly prohibited Chevron from using any footage we do turn over in their public relations campaigns, a goal that was extremely important to me.  I am gratified that by adhering to the basic standards of the journalist's privilege articulated in the previous precedent setting case Gonzalez vs. NBC, the appeals court for the Second Circuit has affirmed that documentary filmmakers are no different than any other journalists deserving First Amendment protection.  I am deeply grateful for the tremendous outpouring of support that the artistic, media and journalist communities have shown towards this case in the past three months.  It was precisely this support that gave me and my legal team at Frankfurt, Kurnit, Klein & Selz the strength to stand up for these very important foundations of American democracy."

In its ruling, the appeals court gave the following stipulations regarding the turning over of footage:

1) Berlinger shall promptly turn over to the petitioners copies of all footage that does not appear in publicly released versions of Crude showing: (a) counsel for the plaintiffs in the case of Maria Aguinda y Otros v. Chevron Corp.; (b) private or court-appointed experts in that proceeding; or (c) current or former officials of the Government of Ecuador.

2) Material produced under this order shall be used by the petitioners solely for litigation, arbitration, or submission to official bodies, either local or international.

3) Berlinger’s reasonable expenses of sorting and duplication of footage, incurred in complying with this order, are to be reimbursed by Chevron.

4) Any disputes related to the performance of this order shall be directed to the district court for resolution.

The Monday Brief: A Strong Start for RESTREPO, A Good Move for LAFF and 8 For Oscar

For all intents and purposes, the documentary year - though just half over - has reached a wrap point.  The films of the first half of the year have come to the end (or nearly have) of their festival runs.  Nearly every major American documentary festival showcase has come and gone.

Time now to take our only major break in the year - the two-plus months between the festivals of June and the unveiling of fall titles in Toronto, which then kicks off a busy theatrical season, the lead up to the European fests of late October and November and awards season.

Speaking of, here's a piece of Oscar trivia you might be interested in:

In the past five years, only one film - last year's THE MOST DANGEROUS MAN IN AMERICA: DANIEL ELLSBERG AND THE PENTAGON PAPERS - wasn't screened by this point in the year and went on to be nominated for the Best Documentary Oscar.

So, chances are, we've already seen this year's five nominees. 

And while your scanning this year's titles in your head (THE OATH, ENEMIES OF THE PEOPLE, LAST TRAIN HOME, A FILM UNFINISHED, GASLAND, INSIDE JOB, THE TILLMAN STORY are just a few that figure to play in the mix) you might wonder which of this year's most popular titles (OCEANS, BABIES, EXIT THROUGH THE GIFT SHOP, JOAN RIVERS: A PIECE OF WORK) might be able to crack through the Academy's "serious ceiling".

And you might look at this week's box office returns to see how one film, which may be one of a few frontrunners at this point, happened to do with audiences...

That film is Sebastian Junger and Tim Hetherington's RESTREPO and the answer is, quite well actually.  Buoyed perhaps by Junger's literary star-power (if not its Sundance Grand Jury prize, which has been hit and miss in terms of theatrical payoff for docs recently), RESTREPO opened this weekend to more than $15K on each of its two screens, battling back the notion that folks aren't clamoring for nonfiction (or fiction for that matter) pieces about current US wars.  The film - currently only in NYC and LA - heads to SF, Chicago, Boston and Philadelphia in time for the Independence Day weekend.

Sticking with box office for a moment, two of the aforementioned successes - Banksy's EXIT THROUGH THE GIFT SHOP and Ricki Stern & Annie Sundberg's JOAN RIVERS: A PIECE OF WORK - continued to do well at the North American box office, according to estimates at Box Office Mojo.  EXIT picked up nearly another $75K in its 11th weekend, taking its cume to $2.65M.  And JOAN scored another $365K in its 4th weekend, for a total-to-date of $716K.  That film is now in 86 theaters and may hit the $1M mark after this coming holiday weekend.

But perhaps the biggest heat around a documentary film this past week centered on the television debut of one of the year's best and most important films, Josh Fox' GASLAND.  We have a full post up today about the natural gas industry's attempts to smear Fox and his film.

LAFF and Silverdocs have both wrapped (we had the winners yesterday) for 2010.  LAFF has since announced their Audience Awards, with prizes going to both Mark Landsman's THUNDER SOUL (Documentary Audience Award) and Roberto Hernandez and Geoffrey Smith's PRESUMED GUILTY (International Audience Award).  We're also pleased to note that OK Go's "This Too Shall Pass" music video (which we had a hand in) picked up the LAFF Audience Award for Music Videos.

The Monday Brief: JOAN RIVERS Opens Big, A Legal Break for Berlinger, Sheffield Moves to June and the P.O.V. Power List

First off, apologies for the break in posting.  Between traveling to New York, working on various projects and the start of the Los Angeles Film Festival, I've found myself starting several posts (including the last two Monday Briefs) only to watch them go unfinished.

Truth is, this summer might be somewhat light in our coverage around these parts, although we're gonna endeavor to stay on track this month to cover two of the year's most important festivals for documentary - LAFF, which launched seemingly successfully in its new downtown digs last Thursday, and Silverdocs, which kicks off tomorrow...

In the interim, there's been a lot of news in the documentary world - shifting dates for a top festival, a legal victory for a noted filmmaker and a list that does what lists tend to do: get people talking.

But the past two weekends, the biggest headlines in the doc world were made by a film that premiered at Sundance...

Ricki Stern and Annie Sundberg's docu-portrait, JOAN RIVERS: A PIECE OF WORK, was the big winner at the specialty box office the past two weekends.  Opening a week ago at 7 theaters (but as indieWIRE noted - on three separate screens at NYC's IFC Center), the film took in an estimated $24,368 - the biggest per theater debut for a doc this year.  In its first weekend, the film took in more than $170K, more than the combined total take of Stern and Sundberg's previous two (critically acclaimed and super serious) docs, THE TRIALS OF DARRYL HUNT and THE DEVIL CAME ON HORSEBACK.

In its second weekend, the film cooled off only slightly as it expanded to 29 screens, managing a still strong average of just under $8K per screen, bringing its grand total thus far to more than $475K.  According to Peter Knegt's iW piece, IFC Films plans an aggressive rollout for the film, expanding to the top fifty markets by the 4th of July.  It could be the doc of the summer (at the box office at least), and seems likely to become the 4th $1M doc of 2010 (following BABIES, OCEANS and EXIT THROUGH THE GIFT SHOP).

Also fairing quite well last weekend was Madeleine Sackler's charter schools documentary THE LOTTERY.  Variance Films released the doc on a single NYC screen to a potent $17K+.  THE LOTTERY screened at this year's Tribeca Film Festival and a handful of top regional fests (Sarasota, IFFBoston, Cleveland among them) before its quick and successful theatrical launch.

This weekend saw the release of another Sundance doc, 8: THE MORMON PROPOSITION, the first out of the box for Red Flag Releasing.  Released on 16 screens, the film took in an average of more than $3K.

Segueing out of the theatrical box office, news continued to break last week in the Joe Berlinger/Chevron/CRUDE footage case.  And this time the news was good (at least for anyone who cares about documentary)...

A federal appeals court granted Berlinger a temporary stay in the case and will soon rule on his appeal of the lower court judge's decision that he must turn over his raw footage to Chevron.  This means Berlinger won't have to turn over the footage immediately, which would have been the case if the appeals court had denied his petition for a stay.

Berlinger's lawyer, Maura Wogan, told the NY Times that if the court hadn't granted the stay, "(Berlinger) would have been forced to turn over this material before the appeal was heard – he would have, in effect, lost his right to an appeal."

Berlinger will join filmmaker Morgan Spurlock for a special Stranger Than Fiction this Tuesday at NYC's IFC Center.  The event will be a benefit for Berlinger's legal defense fund.

But perhaps the biggest news of the past week was announced with relatively little fanfare.  Confirming rumors that have been circulating for months (we even included them in our festival profile last December), Sheffield Doc/Fest announced that their 2011 edition will be held in early June.  That means two Doc/Fests in Sheffield separated by little more than seven months (they will still hold this year's event the first week of November).

The (Post-Holiday) Brief: Silverdocs and LAFF Previews, 86 Films Eligible for Cinema Eye and CONVENTION in NYC

Hard to believe but it's June 1...

The beginning of June is also the end of something, the end of the first half of our documentary year - one that begins with the announcement of the Sundance line-up and the annual gathering of the doc world in Amsterdam.

Six months ago we were just hearing about LAST TRAIN HOME, ENEMIES OF THE PEOPLE, THE OATH, RESTREPO, GASLAND, 12th AND DELAWARE, EXIT THROUGH THE GIFT SHOP and the rest.  Now, with last week's announcement of the Silverdocs line-up, that six month stretch starts to wrap itself up.

Not that we won't hear about the above films for the rest of the year (we will, particularly at awards season), but Silverdocs signals the changing of the guard, the last major, domestic festival gasp for many of the creme of 2010's documentary crop and the first glimpse of a few films that will be stalwarts on the fall festival tour.

And the beginning of June reminds us that the unveiling of the Toronto line-up, when the fall season really begins in earnest, is less than two months away.

Summer is here.

Silverdocs will kick off its 8th edition in just over three weeks, leading with opening night omnibus doc FREAKONOMICS and closing with Amir Bar-Lev's THE TILLMAN STORY, both of which should be of strong interest to the DC-adjacent crowd.  Competition titles include several festival favorites, including Doug Block's THE KIDS GROW UP, Alexandra Codina's MONICA AND DAVID (which won Tribeca), Robin Hessman's MY PERESTROIKA, Julia Bacha's BUDRUS, Yael Hersonski's A FILM UNFINISHED (which won Hot Docs, Roberto Hernández and Geoffrey Smith's PRESUMED GUILTY and Christian Frei's SPACE TOURISTS.

Silverdocs will also share a few competition titles with it's cross-country rival LAFF, which gets the jump this year by opening five days earlier than Silverdocs.  Los Angeles is set to premiere Malcolm Murray's CAMERA, CAMERA and Aaron Schock's CIRCO, both of which will then head to Silver Springs.  The two fests will also offer Davis Guggenheim's WAITING FOR SUPERMAN, the first time we've seen that film screen since it debuted in Park City earlier this year.  They'll also share FREAKONOMICS, TILLMAN, Jeff Malmberg's MARWENCOL, Sam Green's UTOPIA IN FOUR MOVEMENTS, Mads Brügger's THE RED CHAPEL, Alexandre O. Philippe's THE PEOPLE VS. GEORGE LUCAS and others.

If I were headed to Silver Springs this year, I'd certainly want to catch Stephen Kijak's STONES IN EXILE - the 60 minute making-of "Exile on Main Street" doc which made such a splash in Cannes, as well as Francine Cavanaugh and Adams Wood's ON COAL RIVER, which chronicles a community action against Massey Energy prior to that company's coal mine disaster at the Upper Big Branch Mine in West Virginia.  Plus, there's a terrific line-up of 40+ shorts, including a few of the best shorts we've seen in years - Sergio Oksman's NOTES ON THE OTHER and Vance Malone's THE POODLE TRAINER.

Silverdocs is also gonna fete Frederick Wiseman (although they don't have his latest, BOXING GYM, which was just at Cannes) and will screen Oliver Stone's SOUTH OF THE BORDER, a profile of South American heads of state, which should make some kind of news, one suspects.

We will be covering the Los Angeles Film Fest, which will host large outdoor screenings of the GEORGE LUCAS doc and Mark Landsman's THUNDER SOUL and one of the first (if not the first) post-Sundance screening of Mark Lewis' 3-D doc, CANE TOADS: THE CONQUEST.  LAFF makes its move from Westwood to downtown Los Angeles (HQing itself at the LA Live complex) and while we weren't big fans of this year's LA Live-based Spirit Awards, we're cautiously optimistic about the relocation of the film festival.

Five months into 2010 and the Cinema Eye Honors team (full disclosure: once again I'll be a co-chair for the 2011 event) has announced the 86 films that are already eligible for next year's awards - and most of the above named film titles (save for the recent premieres) are on the list.  I can't get in the business of predicting which way Cinema Eye is going to go (not only that, I'm a relatively poor soothsayer as far as nominations for that event goes), but I'm very excited about that list of films - as well as by a bunch of stuff going on behind the scenes that we will be announcing later this summer.

The Joe Berlinger/CRUDE/Chevron case continues to unfold, as Berlinger's lawyers make their case for overturning the judge's decision (that he must turn over raw footage to Chevron) to an appeals court.  Chevron, for their part, issued a press release this week that, in part, details their arguments related to the Berlinger case:

"The U.S. federal court proceedings in which Chevron seeks hidden evidence of corruption and misconduct captured by filmmaker Joe Berlinger have also centered on evidence of collusion in connection with the (Ecuadorian court appointee Richard) Cabrera’s damages report. Parts of Berlinger’s film CRUDE show plaintiffs’ lawyers Steven Donziger and Pablo Fajardo working with Carlos Beristain, one of the supposedly neutral experts on Cabrera’s team, at a focus group meeting related to Beristain’s supposedly independent health survey Cabrera relies on Beristain’s survey for his assessment of $9.5 billion in damages for excess cancer claims. While, at the direction of the plaintiffs’ lawyers, Berlinger edited the DVD version of Crude to conceal Beristain’s involvement with the lawyers, the unedited scene remains in a recently released internet version of the film. This documentation of collusion supported Chevron’s successful argument to a federal court in New York that other Crude outtakes should be reviewed for further evidence of misconduct. In its recent order, the New York court ruled that the fact that this scene was cut from the final version of the DVD at the direction of plaintiffs’ lawyers is a fact suggestive of an awareness of questionable activity."

Stuff worth reading: 11/4/08 director Jeff Deutchman talks to indieWIRE about the collaborative filmmaking behind his doc (it screens at NYC's Stranger Than Fiction on June 15), which includes contributions from Margaret Brown and Henry Joost.  There are reports that Warner Bros. plans to turn Jody Lambert's festival hit OF ALL THE THINGS into a narrative feature, with Steve Carrell being chased to play Lambert's songwriting dad, Dennis.  indieWIRE has the scoop on the weekend indie box office and doc wise, the story continues to be EXIT THROUGH THE GIFT SHOP - now at $2M and still climbing.

Finally, point of personal privilege: CONVENTION, the film I made at the 2008 DNC with fellow filmmakers Steven Bognar, Daniel Junge, Laura Poitras, Julia Reichert, Paul Taylor, Nathan Truesdell and David Wilson (as well as producers Britta Erickson, Shirley Moyers and Jenny Chikes), opens this Friday at the IFC Center and a number of us will be on hand all weekend to toast the theatrical premiere and take your questions.  A couple press pieces to note:  indieWIRE re-runs their article from last summer with Brian Brooks quizzing yours truly on the making of the film.  NY Magazine nicely calls the film "wonderfully counterintuitive...a generous portrait of the true face of modern democracy—if Robert Altman made documentaries, this is what they might look like."  Previously, Variety's Eddie Cockrell said it was "a bipartisan, upbeat celebration of democracy's delicate membrane and can-do spirit".  There's some other raves out there, but we'll spare the piling on (you can also find a negative review or two of the "nothing newsworthy happens" variety, which one might argue is beside the point, but one might also be biased).

Hope you can come out this weekend to the IFC Center - say hello.

The Monday Brief: Metz' ARMADILLO is the Latest Dane Success, EXIT is a DIY Phenom and a First Amendment Fund for Berlinger

Happy Monday one and all as the Cannes Film Festival has come to a close (and a certain television show has stopped eating my Twitter feed - God, please) and we head into the beginning of summer (with the June onslaught of film festivals soon upon us...

In the documentary world, the big news out of Cannes this year centered on two films - the premiere of Charles Ferguson's much lauded INSIDE JOB and the latest film from Danish filmmaker Janus Metz, ARMADILLO, which took the Grand Prix at La Semaine Internationale de la Critique.  ARMADILLO is reported to be the first documentary ever chosen for a competition slot in the Critics Week section.

Metz made a mark stateside in 2009 when his LOVE ON DELIVERY and its companion piece TICKET TO PARADISE played at a number of US festivals.  But ARMADILLO, which was one of the projects at CPH:DOX's 2009 Pitch Forum, should make many more doc film fans aware of Metz.  The film, which follows four young Danish soldiers in Afghanistan (shades of RESTREPO)  is already stirring controversy in Denmark over military tactics and reigniting debate there over the country's involvement in that war.

ARMADILLO's triumph further emphasizes (if one needed proof) that Denmark's documentary community is one of the most creative and vibrant in the world.  In the last few years, the Danes have produced such award winning films as THE MONASTERY - MR. VIG AND THE NUN, GHOSTS OF CITÉ SOLEIL, THE RED CHAPEL, THE INVENTION OF DR. NAKAMATS and BURMA VJ.

And while Ferguson's INSIDE JOB didn't play in Cannes' main competition (where FAHRENHEIT 9/11 remains the only nonfiction film to have ever won the Palme d'Or), critic Todd McCarthy (no stranger to documentary) suggests that it should have:

"Given the dearth of strong competing entries as well as the scarcity of American pictures this year, it would have been a great boost both to Cannes and the film to include INSIDE JOB in the competition."

We summed up further Cannes crix reax to Ferguson's latest here.  Sony Pictures Classics is due to release INSIDE JOB here in the fall, where box office for current events docs has not been sensational - Michael Moore's CAPITALISM: A LOVE STORY is the only 2009 current events/political docu to break $1M and even that was considered a disappointment by his standards.  In 2008, only the conservative intelligent design flick EXPELLED: NO INTELLIGENCE ALLOWED surpassed $1M.

But non-issue docs continue to find success, at least in limited portions, and it's hard to imagine a more successful recent release - particularly in terms of word-of-mouth - than EXIT THROUGH THE GIFT SHOP.  The art world hype vs. reality film by Banksy continues to shake up the North American box office.  Now in 43 theaters, the film declined just 5% from the previous weekend, for an estimated average of $4,721 per screen - which is a better per screen take than any of the films in the box office top 20.

EXIT, whose DIY distribution was profiled by indieWIRE's Peter Knegt last month, now has an estimated cume of $1.6M and seems certain to get to $2M shortly, perhaps by the end of the Memorial Day weekend.

Meanwhile, the spring's two wider releases continue to take in money, even as they begin to cede their screens to the big summer (and pre-summer) films.  Disneynature's OCEANS now stands at $18.5M and looks to close out near (if not over) the $20M mark, while Focus Features' BABIES took in another $700K this weekend and now stands with more than $5M at the box office.

The weekend's major documentary release, Marshall Curry's Tribeca champ RACING DREAMS, seems to have stalled out on its way to theaters.  Estimates have that film taking in just $652 on its 33 screens, a disappointing number to be certain, particularly for a film that debuted with talk of stratospheric success and Oscar nominations.  We finally took in the film at the Ashland Film Festival last month and it seems certain RACING DREAMS will find an audience on television and DVD.

Switching gears (pardon that pun), news continues to unfold in the Joe Berlinger/CRUDE/Chevron case.  Berlinger's lawyers were granted a temporary stay by Lewis Kaplan, the US District Court judge that ruled Berlinger's raw footage could be subpeona'd by Chevron, while they appeal for his decision to be overturned.  Kaplan made clear, however, that he doubted his ruling would overturned.

Meanwhile, the filmmakers have taken to Kickstarter to attempt to raise $20,000 to support their legal efforts.  As of this writing, the CRUDE First Amendment fund has raised nearly $8K.  Here at the blog, nearly 250 people have signed onto the Open Letter of Support for Berlinger and there is talk bubbling of more high profile efforts in the coming weeks.

And finally: Tom Roston has a list and he's checking it twice.  The former Premiere writer, now contributing to the POV blog, is about to spring a list of the 50 Most Powerful People in Documentary:

"How did I come up with this list? In this case, I defined power by imagining a room full of filmmakers, producers, funders and programmers. If you are a documentary filmmaker, then who would you most want to be in that room advocating for your film? We're talking about the power to get your movie made exactly as you want it — and giving it the best chance to be seen by as many people as possible."

No names just yet, but one wonders if - as tales used to be told about publicists and others scrambling to get clients on similar lists by Premiere and Entertainment Weekly - Roston's mailbox is bulging with "helpful suggestions" right about now.  One also wonders if the list of 50 will be all individuals or whether a group of folks (the Sundance programmers for example) will take a single slot.

This week: Silverdocs announces its line-up.

The Monday Brief: Berlinger Supporters Number More Than 400, EXIT Hits $1M and Cannes In Progress

We're more than half-way through the fifth month of 2010.  Can summer be far behind?...

The Joe Berlinger/Chevron/CRUDE raw footage-subpeona situation continues to resonate throughout the nonfiction community.  An open letter of support for Berlinger, spearheaded by Patrick Creadon and Doug Blush - and supported by the IDA, was released on Wednesday and signed by nearly 200 folks in the documentary community.  Oscar winner Errol Morris signed onto the letter on Thursday, along with another 200 people (as of Monday) in the comments section here and 40 on the IDA's website.

Bill Moyers and Michael Winship, who both signed the letter, wrote in an opinion piece that while all eyes are on the oil spill in the gulf, "there's another important story involving Big Oil and pollution -- one that shatters not only the environment but the essential First Amendment right of journalists to tell truth and shame the devil":

"Some of the issues and nuances of Berlinger's case are admittedly complex, but they all boil down to this: Chevron is trying to avoid responsibility and hopes to find in the unused footage -- material the filmmaker did not utilize in the final version of his documentary -- evidence helpful to the company in fending off potential damages of $27.3 billion.

This is a serious matter for reporters, filmmakers and frankly, everyone else. Tough, investigative reporting without fear or favor -- already under siege by severe cutbacks and the shutdown of newspapers and other media outlets -- is vital to the public awareness and understanding essential to a democracy. As Michael Moore put it, "The chilling effect of this is, [to] someone like me, if something like this is upheld, the next whistleblower at the next corporation is going to think twice about showing me some documents if that information has to be turned over to the corporation that they're working for.""

More coverage of the letter at The Wrap, firedoglake blog and the Reporters Committee for Freedom of the Press.

At the theatrical box office, it was more of the same that we've seen the past couple weeks.  The Banksy/Shepard Fairey/Mr. Brainwash documentary EXIT THROUGH THE GIFT SHOP continued its stellar DIY run - taking in another $230K for an estimated cume-to-date of $1,284,000.  That makes EXIT the third million-dollar-doc of 2010, following the success of Disneynature's OCEANS ($17.7M and counting, although now seemingly less likely to reach $20M) and Focus' BABIES, which declined a respectable 53% in its second weekend, still taking in just over $1M.  BABIES is now just shy of $4M.

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.

The Monday Brief: Debunking Brandeis Citation in Berlinger Ruling, BABIES Rule Mother's Day & Hot Docs Wrapping

With the close of Hot Docs yesterday, we can finally exhale after a non-stop stretch of key film festivals that has swallowed up most of spring thus far - and for the majority of us (certainly those not headed to the south of France), we now have a few weeks to rest before the June festival onslaught hits...

That gives us a moment to reflect on the year thus far and the film's that are making an impact.  Earlier today we posted the first edition of the 2010 Nonfiction Feature Honor Roll, our annual round-up of festival (and, later in the year, critics and end-of-year) prizes.  No surprise that Laura Poitras' THE OATH - which has seemingly shown up with raves at every major fest this year - leads this year's list, followed by Jeff Malmberg's SXSW sensation MARWENCOL and Lucy Walker's audience fave, WASTE LAND.

But it's a film from 2009 that leads The Brief today and what it may mean for nonfiction filmmakers everywhere...

Many are still trying to figure out just how to react to the surprisingly broad ruling from US District Court Judge Lewis A. Kaplan that may force filmmaker Joe Berlinger to turn over more than 600 hours of outtakes from his film, CRUDE, to the Chevron corporation.  As we noted Saturday, Chevron argued that the outtakes may help them defend themselves in a lawsuit brought by Ecuadorians over water contamination, charges which were detailed in Berlinger's film.

In his decision, Kaplan referenced former Supreme Court justice Louis Brandeis' comment that "sunlight is said to be the best of disinfectants", which didn't sit well with Frank Smyth of the Society to Protect Journalists:

"The irony in the judge’s choice of language is as thick as crude...

 

What would the late Supreme Court Justice Brandeis think? He made his famous sunlight statement about the need to expose bankers and investors who controlled “money trusts” to stifle competition, and he later railed against not only powerful corporations but the lawyers and other members of the bar who worked to perpetuate their power."

This news is sure to keep developing in the days and weeks to come.

Meanwhile, after months of slow going at the documentary box office, this weekend saw three major debuts and the continued success of the Disneynature franchise.

Confusion, Outrage Follow Judge's Ruling in Berlinger/Chevron Case

Thursday evening at Hot Docs in Toronto, word spread quickly through the documentary community that a judge's ruling may force filmmaker Joe Berlinger to turn over more than 600 hours of footage from his documentary, CRUDE, to energy giant, Chevron.  CRUDE examined pollution in the Amazon rainforests and Chevron's role, chronicling the efforts of locals to sue Texaco/Chevron over alleged water contamination.

Chevron argued to US District Court Judge Lewis A. Kaplan that the footage may help the company defend itself in the ongoing lawsuit and Kaplan agreed, ruling that Berlinger didn't meet the burden "of showing whether any of his filmed material was subject to any confidentiality agreements with his sources, and that the release forms he used with his subjects gave him 'carte blanche to use all of the footage in his production'." 

Berlinger told the NY Times that he was shocked and dismayed by the ruling,

The case and the ruling reignites the debate on whether documentary filmmakers are journalists - a debate that documentary filmmakers always seem to be on the losing side of: expected to conform to some notion of journalistic norms and standards, but not necessarily accorded the First Amendment rights of journalists.

While lawyers for Berlinger argued that the filmmaker's role as investigative journalist protected his work product, lawyers for Chevron dismissed the assertion, telling the NY Times' Dave Itzkoff and John Schwartz that the case was not about the First Amendment and that "whatever CRUDE is, it should not be considered journalism".

Kaplan agreed that Berlinger was protected by the journalistic privilege, but argued the conditions for overcoming that privilege had been met.  The judge cited a 1999 case involving Dateline NBC where a subpeona for outtakes was upheld.

The Times' Itzkoff has been all over this story, reporting back in April on Berlinger's decision to fight Chevron's request to turn over the footage, then following up Thursday with the judge's ruling, and reactions from Michael Moore and Ric Burns.