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Viewing: Blog Posts Tagged with: TV & Film, Most Recent at Top [Help]
Results 1 - 25 of 112
1. Capturing the essence of Madame Bovary

The tragic story of Madame Bovary has been told and retold in a number of adaptations since the text's original publication in 1856 in serial form. But what differences from the text should we expect in the film adaptation? Will there be any astounding plot points left out or added to the mix?

The post Capturing the essence of Madame Bovary appeared first on OUPblog.

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2. The Jurassic world of … dinosaurs?

The latest incarnation (I chose that word advisedly!) of the Jurassic Park franchise has been breaking box-office records and garnering mixed reviews from the critics. On the positive side the film is regarded as scary, entertaining, and a bit comedic at times (isn't that what most movies are supposed to be?). On the negative side the plot is described as rather 'thin', the human characters two-dimensional, and the scientific content (prehistoric animals) unreliable, inaccurate, or lacking entirely in credibility.

The post The Jurassic world of … dinosaurs? appeared first on OUPblog.

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3. The real world of Jonathan Strange and Mr Norrell

Some reviewers of the first episodes of the current BBC1 adaptation have dismissed it is over-blown fantasy, even childish, yet Clarke’s characters are only once removed from the very real magical world of early nineteenth-century England. What few readers or viewers realise is that there were magicians similar to Strange and Norrell at the time: there really were 'Friends of English Magic', to whom the novel’s Mr Segundus appealed in a letter to The Times.

The post The real world of Jonathan Strange and Mr Norrell appeared first on OUPblog.

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4. Watching the true detectives

The media has a key role to play in the construction of our knowledge of crime and policing. In the post-war decades, they argue the representation of policing in the UK reflected the general social consensus. The dominant image here is Jack Warner playing George Dixon in the popular UK TV series Dixon of Dock Green that ran from 1955 to 1976. George Dixon came to represent the archetypal ‘British Bobby’, a pillar of the community who was widely respected. The homely and reassuring values that Dixon represented were summarized in his catchphrase ‘Evenin’ all’.

The post Watching the true detectives appeared first on OUPblog.

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5. Roger Luckhurst’s top 10 vampire films

There are many film adaptations of Bram Stoker’s Dracula; many, of course, that are rubbish. If you need fresh blood and your faith restored that there is still life to be drained from the vampire trope, here are ten recommendations for films that rework Stoker’s vampire in innovative and inventive ways.

The post Roger Luckhurst’s top 10 vampire films appeared first on OUPblog.

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6. 50 shades of touch

Disgusting or delighting, exciting or boring, sensual or expected, no matter what you think about it, 50 Shades of Grey is certainly not a movie that passes by without leaving a mark on your skin. Based on E.L. James’ novel (honestly, somehow even more breathtaking than the movie), it tells the story of the complicated relationship between the dominant multi-millionaire Christian Grey, and the newly graduated, inexperienced, and shy, Ana Steele.

The post 50 shades of touch appeared first on OUPblog.

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7. Between terror and kitsch: fairies in fairy tales

This story may or may not be a fairy tale, though there are certainly fairies in it. However, unlike any of his Victorian forebears or most of his contemporaries, Machen manages to achieve, only a few years before the comfortably kitsch flower fairies of Cicely Mary Barker, the singular feat of rendering fairies terrifying. With James Hogg’s 'Confessions of a Justified Sinner', Robert Louis Stevenson’s ‘Thrawn Janet’ and several of M. R. James’s marvellous ghost stories, ‘The White People’ is one of only a handful of literary texts that have genuinely unnerved me.

The post Between terror and kitsch: fairies in fairy tales appeared first on OUPblog.

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8. Dogs in digital cinema

Supplementing real dogs with digital animation produces performances that have benefits on many different levels. Firstly, they are much more effective dramatically because they can become more anthropomorphically expressive to suit the needs of the story. Economically they are less time-consuming and therefore less expensive because the performance is no longer determined by the unpredictable or intractable volition of real animals, however ‘well-trained’. The problems that arise even when working with ‘professional’ dog actors can be exasperating.

The post Dogs in digital cinema appeared first on OUPblog.

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9. Vote Jeremy Clarkson on 7 May! Celebrity politics and political reality

The news this week that Jeremy Clarkson’s contract with the BBC will not be renewed might be bad news for Top Gear fans but could it be good news for politics? Probably not... I wonder what Jeremy Clarkson is up to as you read this blog.

The post Vote Jeremy Clarkson on 7 May! Celebrity politics and political reality appeared first on OUPblog.

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10. May the Fourth be with you!

May the Fourth be with you! Playing off a pun on one of the movie’s most famous quotes, May the 4th is the unofficial holiday in which Star Wars fans across the globe celebrate the beloved blockbuster series. The original Star Wars movie, now known as Star Wars IV: A New Hope, was released on 25 May 1977, but to those of us who waited in line after line to see it again and again in theaters, it will always be just Star Wars.

The post May the Fourth be with you! appeared first on OUPblog.

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11. How can we reconstruct history on the silver screen?

A perpetual lament of historians is that so many people get their historical knowledge from either Hollywood or the BBC. The controversies that surrounded Lincoln and Selma will no doubt reappear, in other guises, with the release of Wolf Hall, based on Hilary Mantel’s popular historical novel. Historical films play an outsize role in collective historical knowledge, and historians rightly bemoan the inaccuracies and misleading emphases of popular film and television: no doubt a generation of viewers believe that the Roman Republic was restored by a dying gladiator.

The post How can we reconstruct history on the silver screen? appeared first on OUPblog.

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12. What the professor saw on YouTube

The pervasiveness of digital media in contemporary, moving-image culture is transforming the way we make connections of all kinds. The recent rediscovery of the 1903 film Cheese Mites is a perfect example, as the way the film came to light could only have taken place in the last decade. Cheese Mites is a landmark of early cinema, one of the first films ever made for general audiences about a scientific topic. It belonged to a series of films called “The Unseen World” and was made for the Charles Urban Company by F. Martin Duncan, a pioneer of microcinematography. It was a sensation in its day, capitalizing on the creepy fascination with microscopic creatures inhabiting our food and drink.

The post What the professor saw on YouTube appeared first on OUPblog.

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13. All gone to look for America: Mad Men‘s treatment of nostalgia

The popularity of Mad Men has been variously attributed to its highly stylized look, its explication of antiquated gender and racial norms, and nostalgia for a time when drinking and smoking were not sequestered to designated zones but instead celebrated in the workplace as necessary ingredients for a proper professional life. But much of Mad Men’s lasting appeal lay in its complicated relationship with nostalgia.

The post All gone to look for America: Mad Men‘s treatment of nostalgia appeared first on OUPblog.

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14. Reframing gangs

Picture the scene.
Scene 1: A group of wildly drunk young men smash a local business to smithereens, systematically destroying every inch, before beating the owner within an inch of his life.
Scene 2: A group of power-crazed men (and one woman), driven by an aggressive culture of hyper-competitiveness, commit economic crime on an epic scale.

The post Reframing gangs appeared first on OUPblog.

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15. An enigma: the codes, the machine, the man

Prometheus, a Titan god, was exiled from Mount Olympus by Zeus because he stole fire from the gods and gave it to mankind. He was condemned, punished, and chained to a rock while eagles ate at his liver. His name, in ancient Greek, means “forethinker “and literary history lauds him as a prophetic hero who rebels against his society to help man progress. The stolen fire is symbolic of creative powers and scientific knowledge. His theft encompasses risk, unintended consequences, and tragedy. Centuries later, modern times has another Promethean hero, Alan Turing. Like the Greek Titan before him, Turing suffers for his foresight and audacity to rebel.

The riveting film, The Imitation Game, directed by Morten Tyldum and staring Benedict Cumberbatch, offers us a portrait of Alan Turing that few of us knew before. After this peak into his extraordinary life, we wonder, how is it possible that within our lifetime, society could condemn to eternal punishment such a special person? Turing accepts his tragic fate and blames himself.

“I am not normal,” he confesses to his ex-fiancée, Joan Clarke.

“Normal?” she responds, angrily. “Could a normal man have shortened World War ll by two years and have saved 16 million people?”

The Turing machine, the precursor to the computer, is the result of his “not normal” mind. His obsession was to solve the greatest enigma of his time – to decode Nazi war messages.

In the film, as the leader of a team of cryptologists at Bletchley Park in 1940, Turing’s Bombe deciphered coded messages where German U-boats would decimate British ships. In 1943, the Colossus machine, built by engineer Tommy Flowers of the group, was able to decode messages directly from Hitler.

The movie, The Imitation Game, while depicting the life of an extraordinary person, also raises philosophical questions, not only about artificial intelligence, but what it is to be human. Cumberbatch’s Turing recognizes the danger of his invention. He feared what would happen if a thinking machine is programmed to replace a man; if a robot is processed by artificial intelligence and not by a human being who has a conscience, a soul, a heart.

Einstein experienced a similar dilemma. His theory of relativity created great advances in physics and scientific achievement, but also had tragic consequences – the development of the atomic bomb.

The Imitation Game will open Pandora’s box. Viewers will ponder on what the film passed over quickly. Who was a Russian spy? Why did Churchill not trust Stalin? What was the role of the Americans during this period of decrypting military codes? How did Israel get involved?

And viewers will want to know more about Alan Turing. Did Turing really commit suicide by biting into an apple laced with cyanide? Or does statistical probability tell us that Turing knew too much about too many things and perhaps too many people wanted him silent? This will be an enigma to decode.

The greatest crime from a sociological perspective, is the one committed by humanity against a unique individual because he is different. The Imitation Game will make us all ashamed of society’s crime of being prejudiced. Alan Turing stole fire from the gods to give to man power and knowledge. While doing so, he showed he was very human. And society condemned him for being so.

The post An enigma: the codes, the machine, the man appeared first on OUPblog.

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16. Orphants to foster kids: a century of Annie

One of the best-known musicals of the 20th century is Annie, which tells the story of a plucky orphan girl who warms the hearts of all around her, and eventually finds a loving family of her own. The tale will be carried into the 21st century when the newest film adaptation (produced by Jay-Z and Will Smith; perhaps you’ve heard of them) is released on 19 December of this year. In honor of the long legacy of this famous story, here we take a look at the changing language of Annie.

Little orphant Allie

Speaking of long legacies, the 1977 musical Annie was not the first time the world had been introduced to the inspirational young character. The musical was based on an American comic strip entitled “Little Orphan Annie”. Well-known in its own time and called the most famous comic of 1937 by Fortune magazine, “Little Orphan Annie” ran for a whopping 86 years and even led to an equally famous radio show (religiously followed by Ralph in the 1983 film A Christmas Story). However, the story of Annie can be traced further back to a girl named Mary Alice Smith (nicknamed “Allie”), who inspired Indiana poet James Whitcomb Riley to pen the poem “The Elf Child” in 1885. He would eventually rename it “Little Orphant Allie”.

“Orphant”? Not a typo—just a US regional variant spelling that has since fallen largely out of use, as have other variants orphaunt, orfant, and even orphing (among many others). However, a literal typo or typographical error did come into play with Riley’s poem when the name “Annie” was accidentally typeset instead of “Allie”. When the poem gained popularity, Riley decided to stick with the new name.

The original hard knocks

People looking for the familiar plot or song lyrics in the original poem will be disappointed: there is almost no resemblance between the Annie of the poem and Annie as she is popularly known today. The poem, like several of Riley’s others, is written in Hoosier dialect—the midland dialect of American English, or more specifically that from Indiana. In the poem, “little orphant Annie” tells stories to other orphaned children in which “gobble-uns” (goblins) steal poorly behaved children away (hence the original title “The Elf Child”). At the end of the didactic poem, Annie says

You better mind yer parunts, an’ yer teachurs fond an’ dear,
An’ churish them ‘at loves you, an’ dry the orphant’s tear,
An’ he’p the pore an’ needy ones ‘at clusters all about,
Er the Gobble-uns ‘ll git you
Ef you
Don’t
Watch
Out!

However, like the Annie of the later comic strip, musical, and film adaptations, “little orphant Annie” is happy to take the “pore an’ needy” under her wing and to teach them what she knows.

Hoovervilles and Prohibition

Though the musical Annie opened on Broadway in 1977 and its film adaptation was released in 1982, the plot takes place in the 1930s. Apart from the clothing styles and the Hoovervilles, the song lyrics themselves—with many words unfamiliar to the modern English-speaker— are intended to transport audiences to the early 20th century.

Yank the whiskers from her chin!
Jab her with a safety-pin!
Make her drink a Mickey Finn!

Purportedly taking its name from the proprietor of a Chicago saloon who, in the early 20th century, was accused of poisoning customers with “knock-out drops”, a Mickey Finn is a surreptitiously drugged or doctored drink.

Every plot’s a dilly,
This we guarantee!

Dilly, an alteration of the first syllable of delightful or delicious, is a North American word for an excellent example of something.

You spend your evenings in the shanties,
Imbibing quarts of bathtub gin.
And here you’re dancing in your scanties.

To a modern-day reader, it may not be clear how much Daddy Warbucks is insulting Miss Hannigan in the song “Sign” from the 1982 film. When he accuses her of spending time in the shanties, he is probably referring to shantytowns: run-down areas consisting of large numbers of shanties, or small, crudely built shacks. These shantytowns (or Hoovervilles, as they were sometimes called, after the US President Herbert Hoover) were an all-too-familiar sight during the Great Depression, when as much as 25% of Americans were unemployed.

As for bathtub gin, readers familiar with the Prohibition era in the United States may know what it is—a concoction of spirits intended to simulate the taste of gin, representative of a time in which alcoholic drinks (rendered illegal by the 18th Amendment to the US Constitution in 1920) were often surreptitiously made in homes (and sometimes, presumably, in bathtubs). It goes without saying that, generally, the quality of “bathtub gin” was probably not very high.

Daddy Warbucks gets in one final jab by accusing Miss Hannigan of dancing around in her scanties, or brief underwear. (The word comes from scant + -y; scant is from the Old Norse word for “short”.) Interestingly, a modern word for a similar type of women’s underwear—panties—could be substituted here without sacrificing rhyme.

On the topic of modernizing lyrics, the upcoming movie Annie will debut such changes of its own; in the song “Hard-Knock Life”, what originally was

No one cares for you a smidge
When you’re in an orphanage

Comparison of 'foster child' to 'orphan' from 1800-2008
Comparison of ‘foster child’ to ‘orphan’ from 1800-2008

has been updated to

No one cares for you a bit
When you’re a foster kid

Here, bit may have replaced smidge as a better near rhyme, or it may been considered a safer bet in terms of plausible vocabulary for a 10-year-old in 2014 (it doesn’t seem a stretch to say that smidge is probably not in the parlance of today’s youth). As for the replacement of orphanage with “foster kid”, given that the new movie doesn’t involve an orphanage—instead, Annie is in a foster home—this change is practical.

However, it can also be noted that fostering has gradually taken the place of institutional care and sociocultural developments have shaped the concept of child welfare as we understand it today. For these reasons in part, it may not be surprising that the use of the word “foster child” has been increasing somewhat steadily over the last two centuries, while use of the word orphan (though still more common overall) has dwindled over the same period of time.

Tomorrow

Though Annie has been around long enough for “orphant” to eventually turn into “foster kid”, the fact remains that American audiences are perennial lovers of the rags-to-riches theme. For this reason, it should come as no surprise that the story of Annie is just as well-known today as when Ralph was racing to the radio—or that virtually everyone you know can sing at least a few bars of “Tomorrow”. It probably goes without saying that we’ll see many more iterations of Annie in the century to come.

A version of this article originally appeared on the OxfordWords blog.

The post Orphants to foster kids: a century of Annie appeared first on OUPblog.

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17. Bob Hope, North Korea, and film censorship

Seth Rogen isn’t the only actor to have a film about North Korea nixed: A script helmed by Bob Hope met a similar fate in 1954.

If US government sources are correct, North Korea cowed Sony Pictures into withholding a bawdy comedy about assassinating supreme leader Kim Jong-Un. Sony’s corporate computers were hacked and many bytes of tawdry Hollywood secrets were disgorged. The technical achievement lent credibility to the hackers’ threats of mass murder in theaters if Rogen’s The Interview was released. (Editors’ note: The Interview is currently in limited release and no attacks have been reported.) Governments can be expected to decry movies about murdering sitting presidents, but the bombast of Pyongyang’s apparent reaction lacks proportionality and appreciation of blowback from global audiences, which are sure to make Kim Jong-un a universal punch line. This cluelessness no doubt derives from the cultish isolation of Pyongyang, but it is not the first comedy set in North Korea to discomfit officials.

In 1954, the military-friendly jokester Bob Hope dropped plans for a screwball comedy on the Korean peninsula after the US Army refused to support it. The similarities and differences from the current episode tell us something about government influence over cinema, a vital conduit to the mass mind.

Only months after the end of the Korean War (1950-1953), Hope pitched a film to the Army’s Motion Picture office for approval. The military routinely lent expensive war equipment and technical advice to movie studios in return for a veto over scripts. Hope’s timing was awful. The “sour little war” was so unpopular it ended the political career of President Harry Truman and prompted years of soul searching into the American character and its failure to vanquish the enemy. The Army was touchy about cinematic portrayals of anything Korea, so much so that it reversed itself on a Ronald Reagan movie it had previously supported.

The_Interview_movie_poster
The Interview movie poster. Sony Pictures via WNPR.

In March 1954, the same month Hope’s proposal was under consideration, the Army yanked approval of MGM’s P.O.W. Military bands had to cancel plans to play at premiers and all Army commands were ordered to cease publicizing the film. This was curious since the Army Motion Picture office had assisted P.O.W. throughout production, providing a former prisoner as consultant and requesting and receiving four pages of script revisions. The problem? Image management. The hastily-made movie was coming out at the same time the Army was beginning prosecutions of former prisoners accused of collaborating with their captors. The Chinese ran the prison camps in North Korea and persuaded some inmates to assist them on shortwave radio and other propaganda tasks. Collaboration became a big stir in the United States, especially after 21 American POWs defected to China after the war. Court martials of repatriated prisoners were part of a Cold War panic that the nation’s youth had gone soft, unable to resist Chinese indoctrination.

The difficulty with the Reagan film P.O.W. was that it was relentlessly brutal, even by today’s standards. Prisoners were subjected to awful tortures that were sure to arouse audience sympathy just when court martials were underway. Movies too heavy on torture or brainwashing would seem to excuse the behavior of soldiers who were now facing years at hard labor. Hence the Army bands repacking their instruments.

The delicacy of national morale helps explain the Army’s discomfort with the Bob Hope proposal. Donald E. Baruch, head of the Motion Pictures office, wrote Hope’s agent that the Army valued its previous work with the comedian:

However, in this instance, we believe no military purpose would be served in the production of this story. When Mr. Hope called while recently here, I did not react negatively because all he mentioned was that the story was about a U.S.O. tour to Korea and the repatriation of a prisoner. The subject is considered of too great importance and seriousness especially at this time to be treated in the farcical manner indicated by the outline. Other basic story objections are ‘stealing’ of the helicopter, Jane, Jimmy and Bob in North Korea, and the rescuing of Lloyd.

A serious prisoner of war movie that did get Army approval was MGM’s The Rack (1956) with Paul Newman. This courtroom-bound film was a psychological exploration of an officer’s conscience and why he failed to resist collaboration. However, The Rack was broody and talky and made no impression on the box office. The same occurred with Time Limit (United Artists, 1957), another courtroom film approved by the Army that failed to move audiences. To get a Pentagon subsidy and imprimatur, POW films set in Korea could not follow the tried and true formula of action and escape; collaboration was too imposing an issue. The small sub-genre of Korea POW films was steered into amnesia.

US Army influence on Korea POW films was gentle. Studios wanted subsidies and association with the military brand, so they were usually cooperative. In itself, Rogan’s The Interview has little in common with the patriotic cinema of the 1950s, but the apparent reaction of North Korea provides an interesting contrast. Some pundits have been quick to accuse Sony of letting Pyongyang become a censor by holding the film industry hostage. With this one film, they might have a point. But Pyongyang’s method of influencing movie content is really one of weakness. The Pentagon, neither today nor in the 1950s, has to threaten Hollywood, it simply waits for producers to come to it for set pieces and shrouds of official martial aura. In contrast, Kim Jong-Un’s royal court is so isolated and unable to shape the narrative that it resorted to the threats of a desperate loner. If North Korea’s apparent intervention in Hollywood still has an effect two years from now, it will only serve to focus more attention on the regime worldwide. Look for more hidden camera documentaries. Any other lasting influence is unlikely, since Kim Jong-Un can’t open a Hollywood office or even do lunch.

Featured image: Bob Hope (center) and other guests salute while “The Star Spangled Banner” is played during a ceremony to award Hope the Distinguished Public Service Award. Jan. 31, 1971. Public domain via Wikimedia Commons.

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18. Selma and re-writing history: Is it a copyright problem?

A few days ago The Hollywood Reporter featured another interesting story concerning Martin Luther King or – to be more precise – his pretty litigious estate.

This time the fuss is about already critically acclaimed (The New York Times critic in residence, AO Scott, called it “a triumph of efficient, emphatic cinematic storytelling”) biopic Selma, starring David Oyelowo as the Rev Dr Martin Luther King, Jr.

The film starts with King’s acceptance of the Nobel Peace Prize in December 1964 and focuses on the three 1965 marches in Alabama that eventually led to the adoption of the Voting Rights Act later that year.

The King estate has not expressly objected to the making of this film. However, back in 2009 the same estate had granted DreamWorks and Warner Bros a licence to reproduce King’s speeches in a film that Steven Spielberg is set to produce but has yet to see the light. Apparently Selma producers attempted in vain to get permission to reproduce King’s speeches in their film. What happened in the end was that the authors of the script had to convey the same meaning of King’s speeches without using the actual words he had employed.

Put it otherwise: Selma is a film about Martin Luther King that does not feature any actual extracts from his historic speeches.

Still in his NYT review, AO Scott wrote that “Dr. King’s heirs did not grant permission for his speeches to be quoted in “Selma,” and while this may be a blow to the film’s authenticity, [the film director] turns it into an advantage, a chance to see and hear him afresh.”

Indeed, the problem of authenticity has been raised by some commentators who have argued that, because of copyright constraints, historical accuracy has been negatively affected.

But is this all copyright’s fault? Is it really true that if you are not granted permission to reproduce a copyright-protected work, you cannot quote from it?

“The social benefit in having a truthful depiction of King’s actual words would be much greater than the copyright owners’ loss.”

Well, probably not. Copyright may have many faults and flaws, but certainly does not prevent one from quoting from a work, provided that use of the quotation can be considered a fair use (to borrow from US copyright language) of, or fair dealing (to borrow from other jurisdictions, e.g. UK) with such work. Let’s consider the approach to quotation in the country of origin, i.e. the United States.

§107 of the US Copyright Act states that the fair use of a work is not an infringement of copyright. As the US Supreme Court stated in the landmark Campbell decision, the fair use doctrine “permits and requires courts to avoid rigid application of the copyright statute when, on occasion, it would stifle the very creativity that the law is designed to foster.”

Factors to consider to determine whether a certain use of a work is fair include:

  1. the purpose and character of the use, including whether the use is commercial or for nonprofit educational purposes (the fact that a use is commercial is not per se a bar from a finding of fair use though);
  2. the nature of the copyright-protected work, e.g. if it is published or unpublished;
  3. amount and substantiality of the taking; and
  4. the effect upon the potential market for or value of the copyright-protected work.
Martin Luther King leaning on a lectern, 1964. Public domain via Library of Congress.
Martin Luther King leaning on a lectern, 1964. Public domain via Library of Congress.

There is fairly abundant case law on fair use as applied to biographies. With particular regard to the re-creation of copyright-protected works (as it would have been the case of Selma, should Oyelowo/King had reproduced actual extracts from King’s speeches), it is worth recalling the recent (2014) decision of the US District Court for the Southern District of New York in Arrow Productions v The Weinstein Company.

This case concerned Deep Throat‘s Linda Lovelace biopic, starring Amanda Seyfried. The holders of the rights to the “famous [1972] pornographic film replete with explicit sexual scenes and sophomoric humor” claimed that the 2013 film infringed – among other things – their copyright because three scenes from Deep Throat had been recreated without permission. In particular, the claimants argued that the defendants had reproduced dialogue from these scenes word for word, positioned the actors identically or nearly identically, recreated camera angles and lighting, and reproduced costumes and settings.

The court found in favour of the defendants, holding that unauthorised reproduction of Deep Throat scenes was fair use of this work, also stressing that critical biographical works (as are both Lovelace and Selma) are “entitled to a presumption of fair use”.

In my opinion reproduction of extracts from Martin Luther King’s speeches would not necessarily need a licence. It is true that the fourth fair use factor might weigh against a finding of fair use (this is because the Martin Luther King estate has actually engaged in the practice of licensing use of his speeches). However the social benefit in having a truthful depiction of King’s actual words would be much greater than the copyright owners’ loss. Also, it is not required that all four fair use factors weigh in favour of a finding of fair use, as recent judgments, e.g. Cariou v Prince or Seltzer v Green Day, demonstrate. Additionally, in the context of a film like Selma in which Martin Luther King is played by an actor (not incorporating the filmed speeches actually delivered by King), it is arguable that the use of extracts would be considered highly transformative.

In conclusion, it would seem that in principle that US law would not be against the reproduction of actual extracts from copyright-protected works (speeches) for the sake of creating a new work (a biographic film).

This article originally appeared on The IPKat in a slightly different format on Monday 12 January 2015.

Featured image credit: Dr. Martin Luther King speaking against war in Vietnam, St. Paul Campus, University of Minnesota, by St. Paul Pioneer Press. Minnesota Historical Society. CC-BY-2.0 via Flickr.

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19. The Grand Budapest Hotel and the mental capacity to make a will

Picture this. A legendary hotel concierge and serial womaniser seduces a rich, elderly widow who regularly stays in the hotel where he works. Just before her death, she has a new will prepared and leaves her vast fortune to him rather than her family.

For a regular member of the public, these events could send alarm bells ringing. “She can’t have known what she was doing!” or “What a low life for preying on the old and vulnerable!” These are some of the more printable common reactions. However, for cinema audiences watching last year’s box office smash, The Grand Budapest Hotel directed by Wes Anderson, they may have laughed, even cheered, when it was Tilda Swinton (as Madame Céline Villeneuve Desgoffe und Taxis) leaving her estate to Ralph Fiennes (as Monsieur Gustave H) rather than her miffed relatives. Thus the rich, old lady disinherits her bizarre clan in what recently became 2015’s most BAFTA-awarded film, and is still up for nine Academy Awards in next week’s Oscars ceremony.

Wills have always provided the public with endless fascination, and are often the subject of great books and dramas. From Bleak House and The Quincunx to Melvin and Howard and The Grand Budapest Hotel, wills are often seen as fantastic plot devices that create difficulties for the protagonists. For a large part of the twentieth century, wills and the lives of dissolute heirs have been regular topics for Sunday journalism. The controversy around the estate of American actress and model, Anna Nicole Smith, is one such case that has since been turned into an opera, and there is little sign that interest in wills and testaments will diminish in the entertainment world in the coming years.

“[The Vegetarian Society v Scott] is probably the only case around testamentary capacity where the testator’s liking for a cooked breakfast has been offered as evidence against the validity of his will.”

Aside from the drama depicted around wills in films, books, and stage shows, there is also the drama of wills in real life. There are two sides to every story with disputed wills and the bitter, protracted, and expensive arguments that are generated often tear families apart. While in The Grand Budapest Hotel the family attempted to solve the battle by setting out to kill Gustave H, this is not an option families usually turn to (although undoubtedly many families have thought about it!).

Usually, the disappointed family members will claim that either the ‘seducer’ forced the relative into making the will, or the elderly relative lacked the mental capacity to make a will; this is known as ‘testamentary capacity’. Both these issues are highly technical legal areas, which are resolved dispassionately by judges trying to escape the vehemence and passion of the protagonists. Regrettably, these arguments are becoming far more common as the population ages and the incidence of dementia increases.

Wes Anderson, director of The Grand Budapest Hotel. By Popperipopp. Public domain via Wikimedia Commons.
Wes Anderson, director of The Grand Budapest Hotel. By Popperipopp. Public domain via Wikimedia Commons.

The diagnosis of mental illness is now far more advanced and nuanced than it was when courts were grappling with such issues in the nineteenth century. While the leading authority on testamentary capacity still dates from a three-part test laid out in the 1870 Banks v Goodfellow case, it is still a common law decision, and modern judges can (and do) adapt it to meet advancing medical views.

This can be seen in one particular case, The Vegetarian Society v Scott, in which modern diagnosis provided assistance when a question arose in relation to a chronic schizophrenic with logical thought disorder. He left his estate to The Vegetarian Society as opposed to his sister or nephews, for whom he had a known dislike. There was evidence provided by the solicitor who wrote the will that the deceased was capable of logical thought for some goal-directed activities, since the latter was able to instruct the former on his wishes. It was curious however that the individual should have left his estate to The Vegetarian Society, as he was in fact a meat eater. However unusual his choice of heir, the deceased’s carnivorous tendencies were not viewed as relevant to the issues raised in the court case.

As the judge put it, “The sanity or otherwise of the bequest turns not on [the testator’s] for food such as sausages, a full English breakfast or a traditional roast turkey at Christmas; nor does it turn on the fact that he was schizophrenic with severe thought disorder. It really turns on the rationality or otherwise of his instructions for his wills set in the context of his family relations and other relations at various times.”

This is probably the only case around testamentary capacity where the testator’s liking for a cooked breakfast has been offered as evidence against the validity of his will.

For lawyers, The Grand Budapest Hotel’s Madame Céline Villeneuve Desgoffe und Taxis is potentially a great client. Wealth, prestige, and large fees for the will are then followed by even bigger fees in the litigation. If we are to follow the advice of the judge overseeing The Vegetarian Society v Scott, Gustave H would have inherited all of Madame Céline’s money if she was seen to be wholly rational when making her will.

Will disputes will always remain unappealing and traumatic to the family members involved. However, as The Grand Budapest Hotel has shown us, they still hold a strong appeal for cinema audiences and will continue to do so for the foreseeable future.

Feature image: Reflexiones by Serge Saint. CC-BY-2.0 via Flickr.

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20. Great man drumming: Birdman, Whiplash, and myth of the male artist

Among this year’s Oscar nominees for Best Picture were two films with drum scores: Whiplash, in which a highly regarded but abusive conductor molds an aspiring young jazz musician into the genius he was meant to be, and Birdman, in which an aging film actor who was never a genius at all stars in a play and possibly flies. In spite of their innovative soundtracks, neither film received an Oscar nomination for Best Original Score.

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21. An A-Z of the Academy Awards

After what feels like a year's worth of buzz, publicity, predictions, and celebrity gossip, the 87th Academy Award ceremony is upon us. I dug into the entries available in the alphabetized categories of The Dictionary of Film Studies-- and added some of my own trivia -- to highlight 26 key concepts in the elements of cinema and the history surrounding the Oscars.

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22. The audience screams; people duck

Millions of Americans are eagerly anticipating this year’s Academy Awards ceremony. For over a century, motion pictures have been a dominant cultural and leisure medium. There are, however, two aspects worth highlighting: the sheer novelty of motion pictures and the medium’s initial democratic nature. Twenty-first century Americans have difficulty imagining the wonder and awe motion pictures inspired in the early 1900s.

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23. The neuroscience of cinema

Why do we flinch when Rocky takes a punch in Sylvester Stallone's movies, duck when the jet careens towards the tower in Airplane, and tap our toes to the dance numbers in Chicago or Moulin Rouge? With this year’s Academy Awards upon us, we want to know what happens between your ears when you sit down in the theatre and the lights go out. Take a look at some of the ways our brains work when watching a movie—you may just find some of them to be all too familiar.

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24. Is Broadchurch a classic crime drama?

January saw the critically acclaimed and award winning Broadchurch return to our TV screens for a second series. There was a publicity blackout in an attempt to prevent spoilers or leaks; TV critics were not sent the usual preview DVDs. The opening episode sees Joe Miller plead not guilty to the murder of Danny Latimer, a shock as the previous season’s finale ended with his admission of guilt. The change of plea means that the programme shifts from police procedural to courtroom drama – both staples of the TV schedules. Witnesses have to give evidence, new information is revealed through cross-examination, and old scores settled by witnesses and barristers.

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25. Wolf Hall: count up the bodies

Historians should be banned from watching movies or TV set in their area of expertise. We usually bore and irritate friends and family with pedantic interjections about minor factual errors and chronological mix-ups. With Hilary Mantel’s novels Wolf Hall and Bring Up the Bodies, and the sumptuous BBC series based on them, this pleasure is denied us. The series is as ferociously well researched as it is superbly acted and directed. Cranmer probably didn’t have a beard in 1533, but, honestly, that’s about the best I can do.

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