A look inside Hollywood and the movies. : One-on-One With Spike? Go for It

By calling on African-Americans to miss work or school to see his film, “Malcolm X,” on the day it opens, director Spike Lee appears to have scored another round in his long-running battle with Warner Bros.

In heavily publicizing Nov. 20 as the date of the movie’s premiere, the wily filmmaker has enshrined it as a holiday of sorts, thereby removing any leverage Warner Bros. might have over him in resolving disputes, industry insiders say.

Lee reportedly had been warned last month that failure to fully cooperate with the studio’s legal department in obtaining clearances from persons depicted in the movie could result in a postponement of the opening. Not long afterward, Lee began urging blacks to send Hollywood a message by taking time off to ensure that the film becomes an immediate blockbuster.

Studios are insured against damages that might be awarded if someone wins a libel or invasion of privacy against them. But the insurance does not cover the heavy losses that would arise if a court-issued injunction prevents a film from opening on schedule.

Lee vigorously denied that he was having legal difficulties with Warner Bros., saying, “This is the first I’m hearing of it. Somebody sent you on a wild goose chase.”

Warner Bros. officials refused to comment publicly, but they have not made a secret of their annoyance with Lee’s combative attitude.

“Did Spike go ahead and enshrine this date so he can use it as a lever? Who knows?” said a studio executive who insisted on anonymity. “But that doesn’t mean anything. There are legal things that have to be done.”

The film’s producer, Marvin Worth, scoffed at the notion that the opening date Nov. 20 is carved in stone. “You mean if they change it to Nov. 29, they’re in trouble?” he asked. “That doesn’t make any sense.”

Lee’s exhortation to blacks drew criticism in some quarters. In New York City, a spokesman for Mayor David Dinkins told the New York Post that “the mayor very much prefers that kids go to see Spike Lee’s movie after school and that workers see the movie after work--as he plans to do.”

“I don’t think that’s a criticism,” Lee said in response to Dinkins. “That’s his opinion.”

A less temperate opinion came from Roy Innis, national chairman of the Congress of Racial Equality, who was quoted by the Post as saying of Lee: “This is a sick little guy. Who the hell does he think he is?” “Roy Innis? Who does he lead?” Lee retorted. “The Congress of Racial Equality? What do they do?”

In Los Angeles, Councilman Nate Holden, who is black, said he will be at work on Nov. 20. He urged students not to play hooky, saying, “You could see the film at night. . . . There are too many holidays as it is.”

But Holden added: “I’m going to make a point to clear my (evening) calendar. I would like for the film to be a success.”