Filmmakers Testify for Movie Labeling : Movies: House panel considers requiring films altered without the creator’s permission to be labeled.

Director Martin Scorsese showed several clips from altered versions of “The Graduate,” “Advise and Consent” and “Ben Hur” to members of a House subcommittee Thursday, as the latest shot in the war over who has the right to change old movies.

Scorsese, whose films include “Good-Fellas” and “Cape Fear,” displayed the clips to highlight how he thinks panning and scanning, colorization and making changes in soundtracks have detracted from the original intent of a film’s creator.

“I am here to represent the interest of the public, whose right to know (that) what they are seeing on the screen has routinely been violated. It’s been done without their knowledge and they need to know about it,” said Scorsese.

The subcommittee is considering legislation that would require labeling of all films altered without the creator’s permission.

The proposed Film Disclosure Act of 1992, which has recently been introduced into both houses, requires that the labels describe the alteration and indicate whether the film’s author, director, the screenwriter or cinematographer object to the alteration.

Sen. Alan Simpson (R-Wyo.), one of the co-sponsors of the Senate bill, said the legislation was needed to preserve the integrity of the motion picture.

“I personally recoil at the thought of colorizing such classics as ‘Casablanca’ or ‘The Maltese Falcon,’ ” he said.

In addition to Scorsese, directors Robert Wise and Elliot Silverstein, screenwriter Carl Gottlieb and cinematographer Haskell Wexler squared off against producers including Chuck Sherman of the National Assn. of Broadcasters, David Brown and Roger Mayer, president of Turner Entertainment Co., over an issue that has been simmering since the controversial colorization of the film “It’s a Wonderful Life” five years ago.

The supporters of the bill met with stiff opposition, not only from producers, but the American Civil Liberties Union and the Committee for America’s Copyright Community, which represents 20 movie industry and media companies. Producers argued that the bill’s provisions would conflict with First Amendment rights of movie producers.

Under U.S copyright law, the owner of the copyright--whoever paid for the making of the film--is considered to be its author as well. As long as the original work remains available, producers argued, they should have the right to change them as they please.

“No compelling governmental interest exists sufficient to overcome the very substantial burdens this legislation places on free speech,” said Robert Beck, representative of the American Civil Liberties Union, which also opposes the legislation.

Before the hearing, the Bush Administration released a letter sent to the chairman of the subcommittee, Rep. William Hughes (D-N.J.), opposing the bill.

“The bill would enlarge the ‘moral rights’ of ‘artistic authors’ of films beyond what is granted currently under U.S. law,” said the Department of Commerce letter.