The Film Foundation

7/23/2002 12:00:00 AM

On July 25th, Philips Electronics and The Film Foundation co-hosted the opening night of the UCLA Film and Television Archive’s 11th Festival of Preservation at the Directors Guild of America in Los Angeles. The evening included the world premiere of the newly restored THE BAREFOOT CONTESSA (1954, d. Joseph L. Mankiewicz) and a VIP reception. The screening was introduced with a special taped message from TFF Chair Martin Scorsese about the complex restoration of THE BAREFOOT CONTESSA from the original Technicolor three-strip negatives. The audience was welcomed with opening remarks by filmmaker and long time preservation advocate Curtis Hanson.



6/25/2002 12:00:00 AM

Los Angeles, CA—Martin Scorsese, Chair of the ‘newly’ established The Film Foundation, Inc., announced on June 26, 2002 the consolidation of two non-profit organizations, The Artists Rights Foundation and The Film Foundation, under the umbrella of the Directors Guild of America.

This new entity will continue to raise awareness and funds for film preservation, as well as champion the artistic rights of filmmakers. In addition, the foundation will educate the public about the importance of preserving and protecting film through national educational programs and outreach campaigns.

“In the decade or so since The Film Foundation and The Artists Rights Foundation were created, there has been a tremendous increase in awareness of these issues both in the industry and the public at large,” said Martin Scorsese. “With this consolidation, and the support of the DGA, we're increasing our resources and strengthening our ability to protect and preserve film art. After all, the first right of any artist is to have his or her work survive.”

Scorsese will be joined on the board of directors by prominent filmmakers Woody Allen, Robert Altman, Francis Ford Coppola, Clint Eastwood, George Lucas, Sydney Pollack, Robert Redford, and Steven Spielberg, each of whom, working separately and together, has a record of commitment to the social, aesthetic, and cultural dimensions of motion pictures.

In addition, Martha Coolidge, President of the Directors Guild of , and Gil Cates, Secretary-Treasurer of the Directors Guild of America, will serve The Film Foundation in those same capacities.

“The Directors Guild of America has always been an ardent supporter of both organizations. We are pleased to join Marty and The Film Foundation in actively pursuing ways to promote the protection and preservation of film,” said Coolidge. “By creating an Artists Rights Education and Legal Defense Fund council, we can ensure that the issue of film protection is a part of our ongoing commitment to artists rights.”

The Artists Rights Education and Legal Defense Fund has been created as an advisory committee to provide the “newly” established organization with guidance on all issues relating to the protection and expansion of artists rights. Governors of the council will include, among others, Tom Cruise, Miloš Forman, Taylor Hackford, Dustin Hoffman, Anjelica Huston, Bruce Ramer and Ken Ziffren. Elliot Silverstein will serve as Chair.

“Artists Rights is absolutely essential to the survival of the integrity of the medium of filmmakers. It protects and acknowledges their basic rights as authors,” said Silverstein. “With the joining of these organizations, the opportunity is greater for spreading the message of the importance of protecting an artist’s vision, and preserving motion picture history.”

The foundation will continue to support film preservation projects nationwide through its annual funding of its seven member institutions, including five major archives: Academy Film Archive, George Eastman House, Library of Congress, Museum of Modern Art, and the UCLA Film and Television Archive, and two affiliated grant-making organizations: the National Center for Film and Video Preservation at the AFI, and the National Film Preservation Foundation. Robert Rosen, Dean of the UCLA School of Theater, Film and Television, will continue to serve as Chair of the Archivists Advisory Council.

"The directors on the board have been in the vanguard of advocacy for film protection and preservation," explains Rosen. "The fact that they are now joined by the DGA -- representing the broader community of film directors -- is proof of the success we've had in making the industry aware of the importance of this issue and how essential it is to the filmmaking process."

Raffaele Donato, Founding Executive, will carry on The Film Foundation’s work, with Margaret Bodde and Kathy Garmezy serving as Co-Executive Directors.



Erwin Cherminisky

8/1/2001 12:00:00 AM
The Artists Rights Foundation, together with U.S.C.'s Annenberg School of Communication, School of Fine Arts, and Law School, sponsored a major national conference on ownership and control of creative property. Titled "Artists, Technology, and Ownership of Creative Content," the conference was held in Los Angeles in the spring of 2001. The focus of the conference was how technology, such as digitization, affects the ownership and control of creative property. The conference explored who should have rights to use and change works of creative property and under what circumstances, with an emphasis on how these issues arise in film, music, and the visual arts. The conference brought together artists, performers, producers, distributors, and scholars from many different disciplines to discuss this vital topic. Leading national experts presented cutting-edge issues concerning control of creative content, and a series of panels was held, discussing these problems from many different perspectives. Each panel included artists and performers, producers, practitioners, and scholars. 
A key feature of the conference was its interdisciplinary nature. In addition to considering many different types of arts, the conference brought together scholars from different fields, such as communications, economics, history, labor and intellectual property law. The conference also had an international focus, examining law and practices in the and throughout the world.
It is expected that the conference will lead to many published works, both scholarly and non-scholarly. For example, it is hoped that the problems and supporting materials will be published to facilitate further study and discussion. Also, this conference is seen as the first of several programs to explore issues concerning ownership and control of creative content.


David Robb

12/17/1999 12:00:00 AM
The son of legendary director Fred Zinnemann is expected to file a lawsuit against an Italian TV station today in the Civil Court of Rome, for broadcasting a colorized version of his father's classic 1944 World War II drama "THE SEVENTH CROSS." 
The TV station –Telemontecarlo -was notified this week that the suit would be filed by Tim Zinnemann, who claims that the broadcasting of a colorized version of the black-and-white film violated his father's "moral rights." Fred Zinnemann, who died in 1997, was an ardent foe of colorizing.
When the station broadcast a colorized version of "THE SEVENTH CROSS" in on May 26, 1996, Fred Zinnemann fired off a salvo of letters demanding that the station "recognize that they violated my 'moral rights' and publicly apologize in the press." He also wanted the TV station to pledge that they "will respect the moral rights of audiovisual authors -- writers and directors -- in the future."
Zinnemann, however, got no apology and no pledge. Instead, the TV station re-broadcast the colorized movie only four months after Zinneman’s death.
His son has now decided to take up his father's fight for "moral rights" of filmmakers.
In his lawsuit, Tim Zinnemann said that his father "called the process of colorization 'an abomination' and ‘an affront to civilization’" and that, as his father's only heir, he "retains the rights on the film's economic utilization and can claim the paternity and the integrity of his artwork, opposing every manipulation, mutilation or other modification, and every act that damages said artwork, that may be detrimental to his honor and his reputation."
The lawsuit is similar to a suit that the heirs of director John Huston brought in in 1988, after a French TV station broadcast a colorized version of "THE ASPHALT JUNGLE." Huston's heirs won the suit in 1994 when the court of appeal in Versailles ruled that no colorized black-and-white film may be broadcast in against the wishes of the film's "author."
Turner Entertainment, which colorized "THE ASPHALT JUNGLE," was fined $74,000, and the French TV station that broadcast it was ordered to pay $37,000.
Turner also colorized "THE SEVENTH CROSS," but is not named as a defendant in the Zinnemann suit.
A director's "moral rights" -- which protect a film from unauthorized changes that are considered damaging to the honor and reputation of the filmmaker -- are guaranteed under the Berne Treaty, the international standard for copyright protection.
"Moral rights" are honored in many European countries, but not by the , which signed the Berne Treaty in 1988 but which insists that "moral rights" are not applicable here.
The Berne Treaty extends "moral rights" to the "author" of a motion picture. In Europe, a film's director, writer and cinematographer are considered the film's "authors," but in the , the copyright holder -- and not the director, writer or cinematographer -- is considered the film's "author."
MGM's "THE SEVENTH CROSS" was acquired by the Turner Entertainment Group in 1985 and was one of the many black-and-white films that Turner had colorized.
Zinnemann, who also directed "HIGH NOON" and "FROM HERE TO ETERNITY" -- both shot in black-and-white -- appeared before Congress in 1988 to urge it to adopt "moral rights" legislation.
"You must know by now," he told Congress, "that many American moviemakers have an enormous grievance about the way their work is mutilated and their reputations damaged, without any chance whatsoever to put up a legal defense. It is difficult to imagine that this can happen in a civilized country."
Zinnemann told the lawmakers that "there exist laws which protect all sorts of work by all sorts of artists: writers, painters, composers, sculptors, photographers. Why are filmmakers not protected in the same way? Films are not just the property of the copyright holder. They are part of our heritage. Future generations must have the right to see them in the original form. If they have been tampered with, their title should be changed as they are no longer the same films."
Filmmakers, he testified, "are asking you to respect our moral rights by giving us a strong federal law so that we can challenge injustice in the courts of this country. We ask you to do it soon, before film as an art form has been destroyed."
His plea fell on deaf ears. No legislation was passed to allow him to sue Turner under law. But under Italian law, his son can sue the Italian TV stations that aired the colorized movie.
Tim Zinnemann's suit is being supported by the Artists Rights Foundation, which also backed Huston in his legal battle .
Artists Rights Foundation attorney Arnold Lutzker said that it is "ironic" that American directors have to sue in Europe to protect rights they do not enjoy in their own country.
"American directors have to go off-shore into a foreign country to get protections for rights that they cannot get in the US," he said. "The sad irony of this is that the integrity and authenticity of an American director's film is more likely to be protected in a foreign country than in the director's home country."
Artists Rights Foundation president Elliot Silverstein said that the lawsuit "is another step in the campaign to protect the work of artists and to ultimately achieve the recognition of moral rights for film artists."


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