News

ZINNEMANN'S SON SUING OVER COLORIZED 'CROSS'

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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ARTISTS RIGHTS PRESS RELEASE | LEGENDARY DIRECTOR FRED ZINNEMANN HEIRS FILE SUIT IN ITALY

12/1/1999 12:00:00 AM

Tim Zinnemann, the son of legendary film director Fred Zinnemann, has filed a lawsuit in Rome today against the Italian television station Telemontecarlo to stop the broadcasting of a colorized version of his father's film "THE SEVENTH CROSS." The suit, which was drawn up with the legal and financial support of the Artists Rights Foundation, claims that the station's colorization of Fred Zinnemann's film violates the directors "moral rights." The director, who died in 1997, was ardently opposed to colorization. He strongly protested the first colorized broadcast by the station in 1996. Despite his wishes, the colorized version was aired again in 1997, four months after his death. The suit calls for the television station to desist from all broadcasts of the colorization.

This lawsuit is similar to a suit filed by the family of director John Huston in in 1988, protesting the colorization of Huston's classic film "THE ASPHALT JUNGLE." In that case, Turner Entertainment, which was responsible for the colorization, was fined $74,000 and the French broadcast television station that aired it was ordered to pay $37,000.

Fred Zinnemann appeared before Congress in 1988 to urge the adoption of "moral rights" legislation. He said "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."

In the lawsuit, Tim Zinnemann has taken up his father’s fight for "moral rights," stating that "on many occasions, my father discussed his strong views about the role of a director as the author of motion pictures. For my father, moviemaking is an art form, and the director is the artist. No one should be able to change a work of art and still say it is 'made by' the artist."

The Artists Rights Foundation, founded by the Directors Guild of America in 1991, is dedicated to safeguarding the rights of film artists and protecting their work from alteration. The Artists Rights Foundation provided the legal and financial backing for this suit in the tradition of support provided by the Directors Guild in the Huston case. 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."

A director's "moral rights," protect a film from unauthorized alterations that are considered damaging to the filmmaker's honor and reputation. These rights are guaranteed in the Berne Treaty, which is the international standard for copyright protection.

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LEGENDARY DIRECTOR FRED ZINNEMANN HEIRS FILE SUIT IN ITALY

12/1/1999 12:00:00 AM

Artists Rights Foundation joins Tim Zinnemann in effort to protect classic

Tim Zinnemann, the son of legendary film director Fred Zinnemann, has filed a lawsuit in Rome today against the Italian television station Telemontecarlo to stop the broadcasting of a colorized version of his father's film "THE SEVENTH CROSS." The suit, which was drawn up with the legal and financial support of the Artists Rights Foundation, claims that the station's colorization of Fred Zinnemann's film violates the directors "moral rights." The director, who died in 1997, was ardently opposed to colorization. He strongly protested the first colorized broadcast by the station in 1996. Despite his wishes, the colorized version was aired again in 1997, four months after his death. The suit calls for the television station to desist from all broadcasts of the colorization.

This lawsuit is similar to a suit filed by the family of director John Huston in in 1988, protesting the colorization of Huston's classic film "THE ASPHALT JUNGLE." In that case, Turner Entertainment, which was responsible for the colorization, was fined $74,000 and the French broadcast television station that aired it was ordered to pay $37,000.

Fred Zinnemann appeared before Congress in 1988 to urge the adoption of "moral rights" legislation. He said "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."

In the lawsuit, Tim Zinnemann has taken up his father’s fight for "moral rights," stating that "on many occasions, my father discussed his strong views about the role of a director as the author of motion pictures. For my father, moviemaking is an art form, and the director is the artist. No one should be able to change a work of art and still say it is 'made by' the artist."

The Artists Rights Foundation, founded by the Directors Guild of America in 1991, is dedicated to safeguarding the rights of film artists and protecting their work from alteration. The Artists Rights Foundation provided the legal and financial backing for this suit in the tradition of support provided by the Directors Guild in the Huston case. 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 in the ."

A director's "moral rights," protect a film from unauthorized alterations that are considered damaging to the filmmaker's honor and reputation. These rights are guaranteed in the Berne Treaty, which is the international standard for copyright protection. "Moral rights" are fully honored in many European countries, but not in the which, while signing the Berne Treaty in 1988, has not formally adopted moral rights in this country.

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ARTISTS RIGHTS NEWS | TV EDIT BURNS 'HEAT' HELMER

Michael Fleming

1/5/1999 12:00:00 AM

Fans of Michael Mann, the catalyst behind such stylish NBC series as "Miami Vice" and "Crime Story," might have been surprised Sunday night to see the director's credit when NBC aired the 1995 heist film "HEAT": Alan Smithee.

That's the DGA-assigned moniker used by helmers who don't want to be associated with a film. Use of the moniker for the TV versions of feature films is unusual. But Mann said he was so appalled by network editing to fit a three-hour timeslot that he had little choice but to pull his name.

The film originally ran two hours and 52 minutes, and NBC wanted to cut it for a three-hour slot. Mann offered to lend new heat by adding footage cut from the original to fit a four-hour slot.

The helmer tried to get very involved, taking time from the Disney feature he's shooting to try and convince the network to air the film over two evenings to preserve most of its original content, saying "I think it would have been a better selling point for them."

Mann said there was a lot of back and forth between him and the network, and he was irate when NBC chose to edit the original.

"They cut so much out of the movie that they destroyed the narrative of the film along with its integrity," said Mann. "Artistically, I deplore what they did and I also criticized it as being piss-poor management of an asset they paid a lot of money for."

When Mann pulled his name, the network attempted to compromise: "They came back and offered to put back 17 minutes, and I said, ' Fine, then you can call it a Michael Smithee or Alan Mann film.'” The film, which marked the first screen pairing of Al Pacino and Robert De Niro, was in its broadcast premiere, but came in fourth in its slot among adults 18-49.

NBC did not comment.

Fitting a lengthy film into a three-hour timeslot makes hacking inevitable, since at least 48 minutes of that time goes into commercials and promos. Among the material cut from the original that Mann wanted to reinsert were scenes fleshing out the thief played by Tom Sizemore, and more sleuthing work by the detective (Pacino).

"The continuous narrative of cinema made those scenes unnecessary, but when you break into 11-minute periods, you need dynamic acts leading up to commercial breaks,” said Mann. "I'm not opposed to films showing on TV, but the question is how do you make the network work for you, how do you provide an act break that hooks the audience over the commercial breaks?"

Mann used his clout to retain character arcs to provide a complete look at the characters on both sides of the law and how they ended up in a final conflict over a bank robbery. "Too much time was taken out of the film that wasn't due to language or other content," said Mann.

" 'Heat' worked as a movie because you were personally involved in the world of all these people. You were engaged in their fortunes and what happened to them. To have that taken away by some amateur hacking away at the footage to make it fit a timeslot was unacceptable."

Mann is nearly finished shooting his Touchstone pic, which stars Russell Crowe as tobacco whistle blower Jeffrey Wigand and Al Pacino as former "60 Minutes" producer Lowell Bergman. He has not yet figured out what to call it. "There has been some movement," he said. "It has gone from ‘Untitled Michael Mann’ to 'Untitled Tobacco project.' "

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