Panel Weighs ‘Moral Rights’ of Film Alteration

Director Milos Forman testified before a Senate subcommittee on Tuesday that he is willing to negotiate alterations of his movies but he refuses to have them “defaced, artificially colorized and chopped like a sausage.”

The issue was artists’ “moral rights” to the integrity of their creations. The forum was the judiciary subcommittee on patents, copyrights and trademarks. Spokesmen for motion picture producers, the National Assn. of Broadcasters and the video industry contended that creative rights are adequately protected under present collective-bargaining legislation. Further restrictions, they said, could threaten U.S. film production.

Roger L. Mayer, speaking for Turner Entertainment Co., the major proponent of colorizing of old black-and-white feature films, asserted that European laws giving greater control over films have contributed to the decline of the European industry. He said the ability of the U.S. industry to modify its product for foreign distribution and for the video market is a key element in Hollywood’s contribution of $2.5 billion to the nation’s balance of trade.

“The ability of even one, let alone several, creative contributors to stop or even delay the use of these markets will chill the desire of investors to gamble on the vagaries of the movie business,” Mayer said.

But Forman countered that he is not opposed to alteration, but only seeks participation in the process. He cited the example of the television broadcast of his feature “Hair,” in which he said he was powerless to prevent ruthless cutting. The subsequent sale of the television rights to MGM-UA, he said, gave him right of approval of changes that were done with “care and intelligence” which “I happily approved.”

Subcommittee Chairman Dennis DeConcini (D-Ariz.) asked if there was a middle ground between actor James Stewart, who testified last year that no change should be permitted without authorization of the creator, and Ted Turner, owner of Turner Entertainment, who asserted the absolute right of a movie owner to use it as he wishes. David W. Fleming, general counsel for the American Society of Cinematographers, said his group advocates such a position.

“We reject the proposition that creators--who were, by and large, very well paid for their talents--should unilaterally or arbitrarily have the right to prevent owners of films from exploiting their properties for whatever economic benefit they can realize,” Fleming said. He urged, however, that to protect the “moral rights of cinematographers,” a disclaimer should be shown at both the beginning and end of a film when material changes have been made.

Forman, asked after the hearing if this would meet his objections, said “as a temporary step that would be satisfactory but not as a permanent solution.”

George Stevens Jr., founder of the American Film Institute and son of the late director, called for the passage of “moral rights” legislation to safeguard America’s unique film heritage in a statement he titled “Mr. Smith Goes to Tokyo,” in which he raised the issue of foreign ownership of studios. He said access to original film negatives should be assured to U.S. researchers even if their ownership passes to foreigners.