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From: "Lloyd Miller" <[EMAIL PROTECTED]>
Subject: Film Industry Observation Summary
Date: Tuesday, October 24, 2000 6:25 AM

Film Industry Observation Summary
by John W. Cones, Esq.


--------------------------------------------------------------------------------
1. BACKGROUND OF THE OBSERVER--A Los Angeles based securities/entertainment attorney 
(with communications and sociology background) working exclusively with independent 
feature film producers in the area of investor financing of their film projects for 
the past 12 years. A great position from which to study and observe what is really 
going on in Hollywood.
2. SIGNIFICANT MEDIUM--The motion picture is a significant medium for the 
communication of ideas (U.S. Supreme Court, Burstyn v. Wilson, 1952).

3. RELATIONSHIP TO DEMOCRACY--The motion picture is an important communications medium 
functioning within a democracy based on the concept of a free marketplace of ideas. To 
the extent that all interests within our diverse society do not have an equal and fair 
opportunity to tell their important stories through this significant medium for the 
communication of ideas, our democracy is weakened.

4. THE POWER OF IDEAS--Throughout the history of civilization, ideas have always and 
will always be an important source of motivation for human conduct.

5. INFLUENCE--Thus, it can be proven by pure logic alone, that movies influence human 
conduct. After all, movies communicate ideas, ideas motivate human behavior, therefore 
movies must motivate some human behavior, particularly that of our less sophisticated 
and more impressionable young people.

6. PATTERNS OF BIAS--My studies of thousands of Hollywood movie reviews covering the 
releases of several decades, demonstrates that such movies have long contained blatant 
patterns of bias. In other words, some ideas are favored over others. In addition to 
the well-known Hollywood film biases in favor of violence, graphic sex, gratuitous and 
obscene language, Hollywood movies have, over many decades, consistently portrayed 
whole populations of our diverse society in a negative or stereotypical manner (see 
Patterns of Bias in Motion Picture Content).

7. POPULATIONS DEFAMED--The specific populations Hollywood movies have defamed over 
the years include political conservatives, Christians, Latinos, African-Americans, 
Muslims, Arabs, and Arab-Americans, Asians and Asian-Americans and women, along with 
Whites from the American South.

8. BIASED BIOPICS--Hollywood movies also contain biased biopics, including examples of 
historical revisionism and favoritism in movie portrayals displayed toward a single, 
narrowly-defined interest group of which the Hollywood control group primarily draws 
its members (see Motion Picture Biographies).

9. NOT SOLUTION--Thus, at minimum we must concede, movies that consistently portray 
certain people in a negative or stereotypical manner are clearly not helping us solve 
our society's problems of racial, ethnic, religious and cultural misunderstanding, 
mistrust, fear and paranoia, but more likely, making such problems worse (i.e., 
creating animosity among those groups who find themselves on the outside looking in, 
and among those groups who have been consistently maligned through this powerful 
communications medium).

10. MOVIES AND PROPAGANDA--To the extent that our movie industry is controlled or 
dominated by a very narrowly-defined interest group and that others are often 
arbitrarily excluded from participation at the highest levels, and Hollywood movies 
contain the above-described patterns of bias, then such movies, considered as a whole, 
must be recognized for what they are, privately financed propaganda disguised as 
entertainment (see A Study in Motion Picture Propaganda).

11. PREJUDICIAL THINKING--During a significant segment of many individual lives 
(particularly those who are relatively young, uneducated or unsophisticated), 
repeatedly watching hundreds of powerful motion picture images that consistently 
portray whole populations of our diverse society in a negative or stereotypical manner 
can contribute to prejudicial thinking, which in turn, is often the basis of real-life 
discriminatory behavior. Hollywood has not been part of the solution, but part of the 
problem.

12. MOVIES MIRROR--Movies to a large extent, tend to mirror the values, interests, 
cultural perspectives and prejudices of their makers.

13. MAJOR STUDIOS--The motion picture industry is dominated by a small group of 
so-called major studio/distributors. The film releases of the major 
studio/distributors and their subsidiaries are the movies seen by about 95% of the 
domestic moviegoing audience.

14. STUDIO EXECUTIVES--The people in Hollywood who have the power to decide which 
movies are produced and released, to determine who gets to work in the key positions 
on such movies and to approve of the screenplays serving as the basis for these movies 
are still the three top studio executives at the major studio distributors.

15. SHARED BACKGROUNDS--A clear majority of these executives throughout the term of 
existence of the vertically-integrated, distributor-dominated major studios share a 
common background. That background can be most accurately described as "politically 
liberal, not very religious, Jewish males of European heritage" (see Who Really 
Controls Hollywood).

16. EXCLUSION--Control of the major studio/distributors excludes large segments of our 
multi-cultural society from the movie-making process.

17. CREATIVE CONTROL--The major studio/distributors through various approval rights 
are consequently able to determine to a great extent which movies are produced and to 
some extent what the content of those movies will be.

18. LESS DIVERSITY--The result is a severe limit on creativity in movie making and a 
more narrow selection of motion pictures which tend to range from hoped for 
blockbusters and lowest common denominator movies to exploitation fare.

19. BUSINESS PRACTICES--This Hollywood control group gained and has maintained its 
power through the use of several hundred specifically identifiable unfair, unethical, 
unconscionable, anti-competitive, predatory and illegal business practices, including 
massive employment discrimination and antitrust law violations (see The Feature Film 
Distribution Deal and How the Movie Wars Were Won).

20. GOVERNMENT INFLUENCE--The Hollywood control group gets away with its "proclivity 
for wrongful conduct" by routing huge political contributions to presidential 
candidates and key members of Congress through excessively overpaid studio executives, 
their spouses and multiple political action committees, so as to discourage vigorous 
enforcement of the employment discrimination, antitrust and other laws in the 
Hollywood-based U.S. film industry (see Politics, Movies and the Role of Government).

21. GOVERNMENT POLICY--Federal government policy, specifically, the federal 
government's anti-trust law enforcement policy currently contributes to the ability of 
the major studio distributors to control and dominate the marketplace.

22. PERFECT CRIME--The so-called Hollywood game may be accurately referred to as "the 
perfect crime" (see Hollywood Corruption).

23. INDEPENDENT FILM--A motion picture industry made up of independent producers, 
independent distributors and independent exhibitors would result in greater creativity 
in movie-making and create greater opportunities for a significantly larger number of 
interest groups within out multi-cultural society to participate at a meaningful level 
in the film making process.

24. DEMOCRACY--In a democracy, no important communications medium, including film, 
should be controlled or dominated by any single, narrowly-defined interest group.

25. REMEDIES--To remedy the above stated problems the following may be considered (see 
Motion Picture Industry Reform):


(a) Creation of a permanently endowed film industry research institute to stimulate 
serious research regarding what is really going on in Hollywood (the academic 
community has failed us in this regard), and periodically publishing and publicizing 
the results of such studies;

(b) Work toward abolition of the MPAA ratings board to be replaced by private sector 
ratings organizations that provide more useful information about motion picture 
content;

(c) Elimination of vertical integration (i.e., divorcing film production from both 
distribution and exhibition--in other words, the Paramount consent decrees did not go 
far enough);

(d) The filing of class action lawsuits on behalf of all net and gross profit 
participants against all of the major studio/distributors on grounds of 
unconscionability, anti-trust law violations, anti-competitive practices and RICO 
violations;

(e) Instigation of a world-wide boycott of selected MPAA releases, until the power of 
those companies to ignore the public is severely weakened;

(f) Outright purchase of established major studio/distributors so that more of such 
entities can be in the hands of non-Hollywood insiders;

(g) Creation of an association of independent feature film producers to work for among 
other things more vigorous enforcement of the federal anti-trust laws;

(h) Creation of an association of net profit participants to protect the interests of 
all such persons;

(i) Creation of an international association of concerned citizens and film industry 
professionals to help bring about film industry reform, approaching the challenge not 
from the limited viewpoint of any specific interest group, but in a broad effort to 
strengthen our democracy by opening the film industry to a wider range of ideas that 
is more representative of our diverse society; and/or

(j) Introduction of federal legislation that may be referred to as the "Motion Picture 
Industry Fair Practices Act" to prohibit some of the business practices more 
specifically described in How the Movie Wars Were Won and The Feature Film 
Distribution Deal).

--o0o--


See Film Industry Reform Movement at http://www.homevideo.net/FIRM for more information



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