Exploiting Hollywood 1980

"Press your clock, Lindsay. I still don't understand why the legality of recording a TV show determines the success or failure of Sony and Universal's lawsuit. Just from what I just said about fair use, you are giving me explain."

Ronald was on a long-distance call to his personal attorney, Lindsay Dole. Big things have happened in Hollywood these days. The Supreme Court may overturn the decision of the Ninth Circuit Court and re-judgment the video infringement case between Sony and Universal, with Sony winning.

For a while, people in Hollywood were panicked. Everyone was saying that the second television crisis would come, and this time it would completely defeat Hollywood.

Ronald heard some rumors but couldn't make sense of them at all. He didn't know who was right, so he simply made a long-distance call to lawyer Lindsay for advice.

"Okay, Ronald, let me sort it out with you...

First, in 1976, Universal Studios sued Sony Corporation, believing that the video recorder technology they manufactured was used to pirate movies, and asked the court to rule that Sony was subject to the automatic relief clause.

As long as Universal discovers that a videotape has pirated Universal's movies, it can automatically seek compensation from video technology manufacturers such as Sony. "

"I understand that." Ronald nodded. Legally, if the automatic relief judgment is established, then in the future, film studios will not need to bear the burden of proof, and Japanese companies such as Sony will automatically be considered jointly and severally liable for piracy.

As long as someone is found to be using Sony's video tapes for piracy, Sony will automatically lose money. In this case, the video tape product is equivalent to a death sentence in the American market.

“But 1976 happened to be the time when the copyright law was revised, leaving a loophole for individual consumers’ infringement, called fair use.

For example, if the footage of the assassination of the commander-in-chief broadcast by a public television station is used in a documentary filming the incident in the future, it will be considered fair use. Because the main purpose of documentaries is not to make money, but to educate the public. "

"I understand that, too." Ronald knew that in this special case, the film would be based on footage of public events broadcast by public television stations, and it could also be used reasonably.

"So Sony's lawyers, from the perspective of fair use, believe that consumers record TV programs at home and then watch them when they have time, which is a fair use. Because the TV station's programs have educational significance and comply with the first Amendment speech exception.

Since recording television programs is legal, video companies cannot be prohibited from selling video recorders and blank video tapes in America.

This brought great convenience to individual piracy. Universal appealed to the circuit court and the verdict was changed to win Universal's victory. Sony finally appealed to the Supreme Court.

The district court ruled in favor of Sony, and the Ninth Circuit Court reversed its ruling in favor of Universal. Now, it seems that Sony has won the majority support in the Supreme Court and can win with a vote of 5:4, changing its ruling again and winning the lawsuit. "

"But I heard from my agent that the Supreme Court supported Universal 6:3. Why would it happen now?"

"You are talking about the first discussion. The Supreme Court can have two opportunities to discuss a case. After the first discussion, the judge who wrote the minority opinion knew that he could have a chance to win two votes, so he wrote the minority opinion into a majority opinion. Tone.

Sure enough, Justice Brennan was persuaded and jumped from favoring Universal to favoring Sony. Finally, they persuaded the current president to nominate O'Connor, the first female justice in history. So the verdict they are about to write is that Sony wins 5:4. "

"What happened? Lindsay, if you can rip the video tape casually, won't no one go to the movies?"

"I have read the opinion of the Supreme Court. If an individual user does not have time to watch TV, it is fair use to record it with a video recorder and watch it later when he has time.

The TV station actually likes this invention. When viewers use video recorders to record programs, the TV station's programs will be seen by more people, and the advertisements will be sold at a higher price. "

"shxt, then our movie deserves to be unlucky?"

"Does this have a big impact on you? I heard that the plaintiffs are joining six other studios to lobby in Congress to try to pass legislation to ban the sale of blank video tapes and the copy function of private video recorders."

"I can't tell. My agent is already discussing whether to increase TV series business for actor clients."

…

The news that Universal may lose the case and that videotape manufacturers can enter the American market in a big way spreads more and more widely in Hollywood. Many practitioners are beginning to think about the impact of this judgment on themselves. The Screen Actors Guild has even begun to consider organizing demonstrations.

Shirley Lansing, who was producing the film "Footloose," also began to make corresponding adjustments to the production strategy.

"Isn't Michael Cimino back yet?" Lansing asked the assistant.

"His agent said Cimino has been scouting in Oklahoma and a new version of his script has been sent out and should be arriving soon."

"Call his agent and be sure to get through to him. Don't think I don't know about the tricks he played at United Artists. I guess he didn't go to Oklahoma at all and is currently enjoying himself in a strip club in Los Angeles. Then send me a bunch of bills for tens of thousands of dollars.

Tell his agent that if he wants me to reimburse those bills, he has to move his fat ass over here. "

"Should I tell his agent exactly what he said?"

"Quotation." Shirley Lansing waved her hand and asked the assistant to go out.

"Hey," Lan Xing covered her forehead with one hand and sighed. The Supreme Court's decision came at a really bad time. I have to reconsider whether I want to take the vice president position at Paramount.

Production company executives are judged by the success or failure of their films. Video tapes will lead to a lot of piracy, so next year's performance will definitely not be good. If next year's revenue drops too much due to piracy, that smart guy Eisner will definitely shift the responsibility to himself.

Instead of doing this, it is better to temporarily leave the management position of the studio and organize an independent production company with partner Stanley Jaffe. Utilizing Jaffe's production capabilities and his connections in major studios will allow him to better utilize his strengths.

I'll call Jaffe later. He's a smart man and will give him better conditions than his old partner Melnik.

And compared to office politics, I actually prefer going to the studio to watch filming. Although Lansing was a pretty bad actor, the experience of working with male stars like John Wayne was still fresh in her memory and was very enjoyable. It’s not a bad thing to go to the set more often.

The assistant knocked on Lansing's door again, "Ms. Lansing, Cimino's express delivery has arrived."

Lansing nodded and opened the package. Inside was a script and a bag of documents. Lansing opened the script, and Cimino changed a lot of things. The whole story became darker. The town inside treated Lun, an outside high school student, more cruelly. In the end, the town's pastor also united with everyone to expel their family. .

"Tsk", Lan Xing frowned. In the trend of blockbuster movies in the past two years, audiences have begun to like comedy and warmth. This kind of movie plot with bitter hatred and deep hatred is no longer very popular. Moreover, Cimino's script is a full 140 pages, and it might turn out to be a blockbuster of more than two and a half hours.

Does this Cimino deceive himself as one of those amateurs at United Artists back then? It's ninety minutes long, not a minute longer.

She opened the folder and found a lot of receipts inside. Lan Xing flipped through it casually, but luckily it wasn't too much. She was about to sign when she found that there was a piece of paper mixed with the receipt.

"Applying for funds, based on the revised script, I request the producer to pay part of the script adaptation costs in advance, which is US$250,000."

"Ring..." The phone rang and Lansing picked up the phone.

"It's Cimino's agent." The assistant's voice sounded through the phone.

"Come in." Lan Xing adjusted her sitting posture so that the air could reach her throat more fully.

"I don't know why your client thought I would be blackmailed by him. Maybe he doesn't know the big things happening in Hollywood right now. Everyone is cutting budgets, but he still dared to offer me $250,000 for the first phase of the script adaptation. cost.

…You tell him he’s fired. "

Lansing finished it in one breath and fired Cimino on the spot. He pressed the call button again and found his assistant.

"Give me the agent numbers of two people, director Ron Howard, and actor Tom Cruise."

…

Not everyone's first reaction after hearing the news about the Supreme Court was like Lansing's, which was to cut production budgets to adapt to next year's even more sluggish film market.

For example, the three lawyers who recently bought New World Productions are discussing how to find a talent to run the company.

They used the leverage of the financial market to finance the purchase of New World. It turned out that their purpose was not to run a film distribution company. Rather, he feels that Roger Corman’s distribution channels have been far underestimated.

They want to buy it, split it up, and sell the production and distribution capabilities to capital interested in investing in Hollywood. As for the library of exploitation films, they were worthless, so Coleman just took them away.

However, the Supreme Court's decision has frustrated their valuation of the company. Now New World will not be able to sell at the expected price for a while.

The three lawyers are now forced to find a knowledgeable insider to run the new world. If they are lucky and can make a few big-selling movies, it will be too late to get rid of it.

"What did Tom Mount from Universal say?" one lawyer asked another lawyer who contacted Universal.

"He has a distribution guarantee from Universal. In the past few years, the movies produced by his own production company have been distributed by Universal. And he seems to have found a partner and is preparing to go to Japan for financing, so Mount has no idea about becoming the CEO of New World. Interested. Where is Paramount you contacted?"

"Katzenberg was so comfortable at Paramount that he didn't want to take the risk of coming to the New World. Where's the woman at Fox?"

"Lansing was not good enough and was fired by Fox's new boss. She also declined the headhunter's invitation."

The three of them continued to name several senior executives, but none of the headhunters had any good news.

"It seems that these powerful CEOs and executive vice president-level executives will not come to New World. They are all companies integrating production and distribution. I really don't understand why they look down on New World?"

"It seems that we have to search further. Are there any suitable candidates among the subordinates of these candidates and the vice presidents who report directly to them?"

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