The heart wants what it wants
Originally posted 2011-08-24 12:55:22. Republished by Blog Post Promoter
The New York Law Journal (subscription required) reports:
Manhattan Supreme Court Justice Bernard J. Fried has ruled that under the terms of a January 2003 settlement agreement, [Woody Allen’s former producer] may develop television-and-airplane versions of Mr. Allen’s “Bullets Over Broadway,” “Mighty Aphrodite,” “Everyone Says I Love You,” “Deconstructing Harry,” “Celebrity” and “Sweet and Lowdown.”
The dispute over the final cuts of the modified films is the latest fallout of a May 2001 lawsuit Mr. Allen filed against [the producer] Ms. Doumanian, her personal and professional partner Jacqui Safra and their production company, Sweetland Films.
[A settlement] agreement [betweeen the two sides] was . . . at issue in the current dispute, over the final cut of the television-and-airplane versions of six films Mr. Allen made with Ms. Doumanian’s backing.
According to Justice Fried’s decision…, the 2003 settlement stipulated that if Mr. Allen and Ms. Doumanian could not agree on the cuts that would allow his oft-profane films to satisfy TV standards, either party could submit the matter to the Commercial Division of the Manhattan Supreme Court for resolution.
Now it has. Luckily for the plucky, morally deranged Alan Koenigsberg, no one wants to see any of the films named above, nor will anyone notice if any or all of them are diced and sliced for the back of an airplane seat. The decision in Moses Productions., Inc. v Sweetland Films, B.V. has been published here (the link provided by the Law Journal was broken never was repaired).
Mr. Allen’s . . . attorneys, Michael Zweig and Chris Carbone of Loeb & Loeb, called upon a single expert witness, Time Magazine film critic Richard Schickel.
Mr. Schickel testified that Ms. Doumanian’s methodology for satisfying television standards — primarily, dubbing over offending language — would damage the films’ “comprehensibility, entertainment value and artistic integrity,” according to the decision.
By cutting scenes and camouflaging offending language, Mr. Allen argued, the producers would trick audiences into believing they were watching an unedited film. He preferred explicit changes, such as bleeping offending language and blurring offending images.
The defense, in contrast, presented two expert witnesses, both of whom specialize in adapting films for television broadcast. Their testimony focused on the eventual salability of the modified movies. . . .
After watching the original versions of all six films at issue, Justice Fried ruled in favor of Ms. Doumanian.
“Based on the undisputed hearing testimony that networks rarely or [n]ever air films with bleeping or muting, however, and the parties’ apparent agreement that shooting alternate coverage for the films is no longer feasible, it appears that word replacement is the only way to modify the content in order to comply with the parties’ agreement to create one version of each of the films that complies with generally accepted network television censorship and/or standards and practices requirements,” Justice Fried concluded.