Gary Dretzka
Leonard Klady
David Poland
Ray Pride
Patricia Vidal

 

TO: All Media
RE: INDEPENDENT FILMMAKERS' VICTORY STATEMENT RE: PRELIMINARY INJUNCTION AGAINST MPAA SCREENER BAN
DATE: December 5, 2003

Statement by Plaintiffs, The Independent Coalition, on Today's Court Victory:
A Preliminary Injunction Prohibiting the MPAA's and the Major Film Studios' Proposed Screener Ban

Today's ruling is a victory for ALL sectors of the motion picture industry, and a real win for consumers who will continue to have access and awareness of the broadest possible range of movies.

It allows for all films to continue to be recognized on the basis of their merits, regardless of budgets, marketing resources, distribution, content or other elements.

The future of our culture is dependent upon all individuals and companies having the opportunity to not only express their views and ideas where, when and how they want, but also to be able to promote that vision through any means they see fit in order to provide audiences with the broadest possible array of choices.

Explaining the ruling, Attorney Gregory L. Curtner of Miller, Canfield, Paddock & Stone, attorneys for the plaintiffs, said: "Today is a great day for independent film and the movie industry. The Plaintiffs are enormously gratified that the Court enjoined the MPAA conspiracy to restrain a legitimate form of competition and enforced the fundamental law of the United States, embodied in the Sherman Act, in favor of free and open competition. The antitrust laws are such an important part of our country's economy that they contain both civil and criminal provisions against concerted action restraining trade. The Court fully understood and applied the long established Supreme Court authority dating back to the 1940s and frequently reaffirmed by the Court since, that naked restraints of trade are not permitted and cannot be justified, even if the purported purposes behind the conspiracy are socially beneficial.

"All studios are now free to send out awards Screeners for films as they see fit. We look forward to seeing the results of fair competition. We stand ready to meet with the MPAA and discuss putting this ill-advised and poorly conceived screener ban behind all of us."

Plaintiffs in the case are as follows:

Antidote International Films,
Elemental Films,
Forensic Films,
GreeneStreet Films,
Head Quarter Pictures,
Independent Digital Entertainment,
Independent Entertainment,
Killer Films,
Open City Films,
Paradigm Consulting,
Salty Features,
Sandcastle 5 Productions,
Sanford/Pillsbury Productions,
Talking Wall Pictures,
This is that Corporation,
IFP/Los Angeles,
IFP/New York.