Joe Berlinger’s Crude (2009), which details a lawsuit between the Ecuadorian people and the oil corporation Chevron over the pollution of the Amazon Rain Forest, has found itself to be in the middle of a contentious lawsuit. Chevron recently brought suit against Berlinger, demanding to see all of the footage that didn't make it into the final cut of the film. Reuters reports that on May 6th, U.S. District Judge Lewis Kaplan ordered Berlinger to turn over 600 hours of raw footage from the cutting room floor to Chevron.
A still from Crude
The original case unfolded 17 years ago in Ecuadorian courts. Chevron (then Texaco) was found accountable for environmental damage in the country, and as a result faced liabilities of up to $27 billion. Chevron now believes that the unseen documentary footage may contain evidence of various transgressions on the part of the Ecuadorean legal team that may enable them to seek arbitration. Berlinger’s footage could be used as evidence against the Ecuadorians.
At issue here are one’s rights as a journalist. As an investigative documentary filmmaker, Berlinger should be granted Reporters’ Privilege under the First Amendment. Berlinger’s attorney, Maura Wogan, said that the ruling threatens "great harm to documentary filmmakers and investigative reporters everywhere."
… An outcry from the documentary film community ensued, including a May 7 NY Times ArtsBeat blog post featuring quotations from an outspoken Michael Moore and a May 12 open letter from the International Documentary Association, signed by the IDA’s Board of Directors and over 150 filmmakers, including Alex Gibney, Michael Moore and Morgan Spurlock. An excerpt:
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?
… The Times reports that last Friday, May 21, Berlinger was granted an appeal by Federal Appeals Court Judge Denny Chin. A court date was set for June 8.
The line from the IDA letter regarding phone records and emails concisely highlights the issue at hand. A filmmakers footage is akin to a reporter's notebook. It is private, and it should be protected by the law.
The implications of this case can not be overestimated. If the footage from filmmakers can be open to a subpoena this easily, it will make certain documentary filmmakers think twice about undertaking range of projects of a political nature and it may intimidate whistle-blowers from coming forward to expose illegal activities. The doc film community eagerly awaits the developments of the trial.
It Might Get Loud focuses on the careers and stylings of Jack White, The Edge, and Jimmy Page. The film is mildly entertaining, but only to the nerdiest of rock fans. It has the feel of a well-produced VH1 special.
The best part of the film is at the end, when the trio is jamming to "The Weight" by The Band. The Edge says, "Oh, I've been playing the wrong chord the whole time. It's not E minor. It's B minor." To which Jimmy Page replies, "Is it? Oh shit." Other than that splash of realism, it's an awkward affair.
Trivial Tidbits:
It Might Get Loud premiered at the 2008 Toronto Film Festival
The neglected genre of experimental film has been acknowledged in Visionaries, a documentary that recently saw its debut at the 2010 Tribeca Film Festival. This retrospective, directed by Oscar winning director Chuck Workman, showcases many of the icons of the movement and features over 100 clips of influential films.
Workman, who has made a career out of creating the montages seen during the Academy Awards, brings the mystifying genre to life by weaving together film excerpts and interviews with various filmmakers, including; Kenneth Anger (donning a NY Rangers jersey); Hollywood patriarch Robert Downey Sr. (a clip from Pound, featuring a 5-year-old Robert Jr., was a crowd pleasing moment); Austrian filmmaker Peter Kubelka; prominent critic Amy Taubin; Ken Jacobs (who started the experimentally-focused Cinema department at then Harpur College (now Binghamton University) in 1969); avant-garde cinema historian P. Adams Sitney; surrealist Palme d’Or winner David Lynch (briefly); and American filmmaker Su Friedrich (who was in attendance for the Q&A following the screening). Brilliant vintage interviews of the late, great Stan Brakhage, Andy Warhol, and Norman Mailer were some of the most compelling moments in the film.
Following the screening, Workman talked about how grateful he was that the featured filmmakers gave him permission to use clips of their films, despite the fact that they would be taken out of their context. Workman did a great job of delving into some of the techniques and motivations of the filmmakers, which all shared a common anti-Hollywood sentiment and style.
"The godfather of American avant-garde cinema," Jonas Mekas, was highlighted in the second half of the film. His work in founding the New York-based Anthology Film Archives has been indispensable in the conservation of experimental films. Preservation is a concern within this art form, particularly considering how unprofitable experimental films tend to be. However, while the early portion of the film was a balanced retrospective, this final portion feels like a standalone short film dedicated to Mekas. This may have been better suited as a much shorter epilogue at the end of the film rather than the focus of the last chunky chapter, which only ended up throwing the film off balance.
While the content of Visionaries was incredibly inspirational, the documentary itself was flawed. Workman frequently employed a scrolling text across the top of the screen that fought for the audience’s attention. A voice-over would’ve been more appropriate, rather than forcing the audience to decide between watching Meshes of the Afternoon and reading a racing Maya Deren quote.
Su Friedrich, Chuck Workman, and Jon Gartenberg speaking after the screening
In the end, the content of Visionaries is inspiring. Workman should be praised for introducing this widely unknown movement to a wider audience. However, the construction of the film itself leaves something to be desired. Visionaries may be likened to a mundane book on the Dadaist Art Movement – after skimming the book, praise would be given to the artists, not the editors or even the book itself.
Trivial Tidbits:
Avant-garde icon Stan Brakhage was professor to Matt Stone and Trey Parker (of South Park fame) during his tenure at the University of Colorado
Andy Warhol's Sleep (1963) is a film which consists of a long take of his close friend sleeping for over 5 hours
