Tag Archives: documentary

Quick Review: The Greatest Movie Ever Sold

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I recently viewed the latest (April 2011 release) Morgan Spurlock film The Greatest Movie Ever Sold. Here are a few thoughts about this film which could be a nice conversation starter for a number of sociology courses.

1. If you know of Morgan Spurlock and his “formula” (Supersize Me, the TV show 30 Days), you won’t be surprised by how this film goes as Spurlock tries to finance his documentary about product placement (“brand integration”) by having corporations pay to sponsor it. Even though the process may not be a surprise, the movie still feels fresh in a way that many documentaries can’t match.

2. At the most basic level, this film is about raising awareness regarding advertising. It treads some familiar ground about how companies are really selling images or aspirations and how Americans are bombarded with these ideas. While Spurlock doesn’t offer much of a solution at the end (go out into nature for a little?), he certainly is drawing attention to an issue worth paying attention to.

3. Here are a few of the more intriguing sociological insights I picked out of the film:

3a. Spurlock wants to pull back the curtain on product placement and marketing but interestingly, the big companies don’t want to participate. In the end, he catches the attention (and money) of mostly smaller/challenger brands who don’t have the big marketing budgets. From a Marxist perspective, we could suggest that the big companies want to continue to “hoodwink” consumers while the challengers are really interested in doing anything to get product exposure, even exposing their marketing tactics.

3b. Spurlock spends some time in Sao Paulo, Brazil, a city that recently banned outdoor advertising. The mayor and residents talk about how this helps eliminate “visual clutter.” Could we imagine this ever happening in an American city? How many of our famous spaces, like Times Square or Las Vegas, would no longer be famous spaces if advertising was not present?

3c. One marketer suggests Spurlock could play off religious imagery, perhaps portraying himself at the Last Supper surrounded by a bunch of companies who want to use him or to show Spurlock carrying a cross covered in advertising stickers (like a stock car in NASCAR). While the marketer suggests this might be considered blasphemous, it would also get a lot of attention. Later in the film, another insider says to Spurlock regarding marketing his film that “the path of salvation” is to “Sell! Sell! Sell!” in America. What does this commentary suggest about the role of religion in marketing and selling “Christian products”?

4. Spurlock leaves us in a tough spot: can we do marketing with integrity? Can one really “buy in” without “selling out”? The answer is unclear but Spurlock provides us an entertaining venue for starting to think about answers to these questions.

(The movie received fairly good reviews from critics: it is 71% fresh, 77 out of 109 reviews were fresh, on RottenTomatoes.com.)

Documenting fair use

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Documentary.org has a wonderful write-up by Tamsin Rawady and Alex Buono about fair use in the documentary film setting.  As the writers/producers of Bigger Stronger Faster, a documentary about pop cultural influences driving performance-enhancing drug use, they grappled with how to tell their story legally:

The first problem we encountered is that it seemed like Fair Use was sort of an urban legend: Does it really exist? Can you really use archival clips without licensing them? And does anyone understand how this all works?

Fortunately, Rawady and Buono retained excellent legal counsel who were able to walk them through the issues and get them a highly defensible final cut, though even that wasn’t easy:

After the film has been released, expect to get calls from copyright holders upset about your use of their footage. Most copyright holders have never heard of Fair Use, and you should allow some money in your budget to have your attorney call and talk through the evidence you have. If you have been responsible in your Fair Use decisions, most complaints will only require one phone call from your attorney to make them go away. We encountered a handful of copyright holders from some very large corporations who were not pleased that their clips had been used in our film, but we were well prepared by our attorneys and had no problem avoiding any legal claims. [emphasis added]

I’m certainly happy that it worked out better for Bigger Faster Stronger than it did for Slaying the Dragon:  Reloaded.  Rawady and Buono’s story reminds us that, in law as in life, (1) an ounce of prevention is often worth a pound of cure and (2) the best (fair use) defense is a good (proactive) offense.

Further resources and reading:

The fair use dragon

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Justin Levine over at Against Monopoly points us to a controversy at the recent San Francisco International Asian American Film Festival and reminds us that many content owners believe that fair use in U.S. copyright law is about as real as a mythical fire-breathing creature.

John Diaz of the San Francisco Chronicle explains:

"Slaying the Dragon: Reloaded," a compelling new documentary that critiques the portrayal of Asian women in U.S. visual media, has drawn protests from an unlikely quarter. It wasn’t from Hollywood, which was deservedly scoured for its depiction of Asian women in films from "Rush Hour 2" to "Sex and the City." It wasn’t from conservative commentators claiming political correctness run amok.

Instead, the objection to the documentary by Elaine Kim, a UC Berkeley professor of Asian American studies, emerged from six Asian American filmmakers just before its premiere last week at the San Francisco International Asian American Film Festival. Their complaint: that she used clips of their work without seeking their permission.

Never mind that fair use is written into the copyright statute and explicitly allows for “criticism” and “comment” and “scholarship.”  Never mind that Kim’s documentary seems to fall well within the guidelines laid out by the Documentary Filmmakers’ Statement of Best Practices in Fair Use – and that four separate companies write errors-and-omissions insurance for filmmakers based on the Statement guidelines.

No, the owners of films being criticized by Kim want to get paid:

The documentary addresses images of Asian American women in film, and while that is a worthy subject for a documentary and we respect Ms. Kim’s skills, as filmmakers, we do not consider this "fair use." Every filmmaker knows that he or she has to ask permission before using any intellectual property not belonging to him/her.

Using a clip of our films for review or promotional purposes is standard; however, using it in a documentary to illustrate that filmmaker’s point of view is a creative choice by the documentarian and therefore not subject to fair use.…We feel that Ms. Kim should either license our film footage properly for use in her documentary or remove it before the documentary’s world premiere at the upcoming San Francisco International Asian American Film Festival.

The Chronicle reporter was shocked, though readers of this blog shouldn’t be (unfortunately):

For me, as a journalist and champion of free expression, the upshot seemed clear: You cannot give the targets of social commentary the ability to veto it. Does anyone think for a second that the copyright holders of "Rush Hour 2" [which includes a scene where Chris Tucker and Jackie Chan are presented with a buffet of scantily clad Asian women] would consent to allow scenes of that movie to appear in Kim’s documentary at any price?

Kim did end up screening the movie at the festival, but

Kim deleted the clip from "The People I’ve Slept With."

"We did not remove the clip because we were concerned it was not fair use," Kim emphasized in an e-mail. "We removed it because we do not have the time or resources to fight against a filmmaker that personally attacked us and was being unreasonable."

Given the brutal economic and personal realities of litigation, Kim probably made the “right” choice.  Even if she found lawyers to represent her for free, fighting this in court would probably consume a large portion of her personal time and energy for years.  I certainly don’t blame her for her apparently rational choice.

Nevertheless, let us be clear:  this is what happens when copyright law is written to give one side (i.e., copyright owners) sweepingly clear rights but the other side (i.e., fair users) only an amorphous defense.  You don’t get copyright as “an engine of free expression”, as the Supreme Court continues to think.  You get censorship by people who think that fair use is a fairy tale.

Quick Review: Catfish

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Perhaps we could consider the movie Catfish a companion to the more publicized film The Social Network (reviews from Brian here, Joel Sage here): both films consider the effects that Facebook and other digital technologies have on our world. But while The Social Network was a stylized retelling of the founding of Facebook, Catfish covers the lives of more ordinary people as they use these technologies to search for love. Here are a few thoughts about this film:

1. The story revolves a guy, Nev, from New York and a girl from Michigan, Megan, who build a relationship built around a Facebook friendship, IM chats, text messages, and phone calls. Both parties are looking for love though why they are doing this ends up being the plot twist of the film.

1a. I think what makes this film work is that Nev is an appealing character. Even though he hasn’t met Megan in the early stages of the film, he falls hard and ends up giggling and swooning like a teenager. But when things turn out to be more complicated than this, he still finds a way to make sense of it all.

2. More broadly, the film presents a question that many people wonder about: can two people really build a lasting relationship through Facebook?  While this is an interesting question, research on Facebook and SNS (social networking site) use suggests most younger people are not looking to meet new people online. Rather, they are reinforcing existing relationships or reestablishing past relationships. And this film deserves some credit: whereas a film like You’ve Got Mail suggests that email and other electronic communication work the same way as traditional dating (and the typical romantic comedy happy ending), this film introduces some complications.

3. The Social Network seems to suggest that technology helps keep us apart. (A side note: this seems to be an argument from the older generation talking about younger generations. One thing I wonder about The Social Network: was it so critically acclaimed because it fed stereotypes that older people have about younger people? How much did the characters in this film resonate with the lives of younger film-goers?) In that film, Zuckerberg founds Facebook in order to join the in-crowd, is being sued by two people after arguments related to developing community-building websites,  and at the end, he is shown still searching for a connection with a girl he lost years ago. Catfish seems to make an opposite argument: despite the imperfect people who try to connect online, the film suggests there is still some value in getting to know new people. When Nev’s love becomes complicated, he doesn’t just withdraw or call it quits – he tries to move forward while still getting to know Megan.

4. This film claims to be a documentary though there is disagreement about whether this is actually the case. Regardless of whether the film captures reality or is scripted, it is engaging. (The presentation seems similar in tone to Exit Through the Gift Shop, reviewed here.) Have we reached the point in films where the line between what is real and what is written doesn’t matter? And should we care or do we just want a good story?

Overall, this film seems more hopeful about the prospects of Facebook and other digital technology. With a documentary style and an engaging storyline, Catfish helps us to think again about whether people can truly get to know each other online.

(This film was generally liked by critics: it has a 81% fresh rating, 109 fresh out of 134 total reviews, at RottenTomatoes.com.)

Fair comment

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A mea culpa note: I originally wrote this post about a week ago.  At that time, I thought that SF360 was moderating their comments and not approving mine, for reasons that I implied might have something to do with the policy position of my remarks.  I was wrong — there was an innocuous, technical reason that my comment did not post.  Thanks to SF360’s editor Susan Gerhard for helping me get my comment up, and my most sincere apologies to her and everyone at SF360.  I made a mistake, and I thank Susan for being so gracious in the way that she corrected me.

***

I made a comment recently on a SF360 article titled “What you Need to Know to License Music for Film”.  Here is the relevant bit of the article that I was addressing:

Licensing can be a complicated, frustrating process. Yet, the copyright owners have exclusive rights over the music and using the music in a film will generally not be considered a fair use. Therefore, to avoid litigation a filmmaker must acquire the necessary licenses before including any music in their film. [emphasis added]

As I wrote in my comment, this characterization of fair use is, at best, highly misleading:

George [Rush, who wrote the article] says that “the copyright owners have exclusive rights over the music and using the music in a film will generally not be considered a fair use.”  This is simply not true; there are a lot of uses of music in films — particularly documentary films — that can be considered fair use.  There is a Documentary Filmmakers’ Statement of Best Practices in Fair Use, and there are even companies that issue errors and omissions insurance based on fair use claims.

Before using any music in your film, you should definitely seek legal counsel.  But don’t assume that you *always* have to license music.  Despite the grumblings of music labels, fair use still exists.

George is right that the issues are complicated and that sometimes hiring a professional (like him) to help negotiate various music licenses is the proper way to proceed.  But that’s not always true.

Quick Review: Exit Through the Gift Shop

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In recent years, I’ve read about the exploits of Banksy, Britain’s most famous street artist. Therefore, I couldn’t pass up watching Exit Through the Gift Shop, a 2010 documentary about Banksy and street art. Here are a few thoughts about the film:

1. The main character of the film is not Banksy but a Frenchman living in Los Angeles named Thierry Guetta. Guetta ends up filming a lot of street artists, eventually meets Banksy, and then sets out himself to be an artist.

2. One of the most dramatic scenes of the film involves Disneyland where Banksy and Guetta stage an “art installation.” While the reaction of Disneyland is not a surprise, it is still interesting to hear how quickly and how seriously their security responded to the situation. The hidden world of happy Disneyworld and Disneyland is a fascinating subject.

3. The images and symbols of the street art world are interesting. Based on what is in this film, one could surmise that it is generally involves ironic or snarky takes on common images and ideas. Part of the allure is simply placing these pictures in prominent places – the artists have a fairly persistent threat of being caught. The other part of the allure is that the art is often “cheeky,” particularly Banksy’s work that challenges the status quo (see the paintings on the wall separating Palestine and Israel). Some of the images are new but many of them are repackaged or remixed.

4. The film also spends some time following how street art became lucrative art as collectors and the general public rushed to buy it. What began on the streets became institutionalized art that museums had to have in their galleries and wealthy people had to have on their walls. I would be curious to know if the value of these art pieces has risen in the last few years (particularly compared to more “traditional” art). The film doesn’t quite display an outright sneer toward this popularity, perhaps more of a wry and bemused grin.

5. I read something recently that suggested it is hard to know whether this is truly a documentary or not, particularly since it is a documentary that tracks the life of an amateur documentarian. Is this all smoke and mirrors or an authentic film about a burgeoning art movement? Have stories in the form of mock documentaries, such as The Office, ruined “truth” caught on camera forever? Ultimately, I’m not sure it matters – the real question about most films is whether they are entertaining or not. And this film is pretty entertaining.

I found this film, on the whole, to be fun. The art is interesting, particularly watching the street artists working hard to put slightly subversive images in interesting places, and the characters even more so, particularly Guetta and his created alter ego (and the questions regarding the truth of his alter).

(Critics loved this film: the film is 98% fresh, 96 fresh reviews out of 98 total, at RottenTomatoes.com.)

Quick Review: The Cove

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On the surface, The Cove is not a typical film that I would watch: a documentary about nature. But I found The Cove to be engaging. A few thoughts about this award-winning 2008 documentary:

1. The story follows the actions of Richard O’Barry as he tries to expose the slaughter of dolphins in a protected cove in Taiji, Japan. O’Barry’s backstory is very interesting: he was the trainer for Flipper but immediately switched sides to protect dolphins after one of the show’s dolphins died (he says she committed suicide) in his arms. O’Barry assembles a team of people to help expose what is going on in Taiji as some in that community attempt to stop him. To me, O’Barry is the heart of this film – his decision and actions to try to save dolphins shows remarkable dedication and stubbornness in the face of difficult odds.

2. It is hard not to like dolphins: they are intelligent and are graceful. But O’Barry suggests one part of their appearance that may work against them: they appear to humans to always be smiling and this masks the times when they are in pain or are suffering.

3. Why do whales and dolphins get all of this attention, both in this film and from zoo or aquarium attendees? There are plenty of animals that are mistreated and locked up. There has to be an interesting social history here.

4. One of the side plots in this film is Japan’s role in the International Whaling Commission. This international body has difficulty stopping Japan from doing anything. Again, this could be a whole story or film in itself: how Japan skirts international law and advisories to conduct whaling activities.

5. One strong point of this documentary is that O’Barry’s team actually attempts to do something (and it is set up like the plot of some action film) as opposed to documentaries where people talk the whole time and viewers are shown statistics.

Overall, I enjoyed this film: the fight against what happens in Taiji, Japan makes for an interesting tale.

(This film was highly rated by critics: it is 96% fresh at RottenTomates.com with 116 fresh reviews out of 121 total.)