Disney Blocking the Distribution of Michael Moore's New Film

Disney Forbidding Distribution of Film That Criticizes Bush
May 5, 2004 - New York Times
Disney Forbidding Distribution of Film That Criticizes Bush
By JIM RUTENBERG

WASHINGTON, May 4 ?- The Walt Disney Company is blocking its Miramax division from distributing a new documentary by Michael Moore that harshly criticizes President Bush, executives at both Disney and Miramax said Tuesday.

The film, "Fahrenheit 911," links Mr. Bush and prominent Saudis ?- including the family of Osama bin Laden ?- and criticizes Mr. Bush's actions before and after the Sept. 11 terrorist attacks.

Disney, which bought Miramax more than a decade ago, has a contractual agreement with the Miramax principals, Bob and Harvey Weinstein, allowing it to prevent the company from distributing films under certain circumstances, like an excessive budget or an NC-17 rating.

Executives at Miramax, who became principal investors in Mr. Moore's project last spring, do not believe that this is one of those cases, people involved in the production of the film said. If a compromise is not reached, these people said, the matter could go to mediation, though neither side is said to want to travel that route.

In a statement, Matthew Hiltzik, a spokesman for Miramax, said: "We're discussing the issue with Disney. We're looking at all of our options and look forward to resolving this amicably."

But Disney executives indicated that they would not budge from their position forbidding Miramax to be the distributor of the film in North America. Overseas rights have been sold to a number of companies, executives said.

"We advised both the agent and Miramax in May of 2003 that the film would not be distributed by Miramax," said Zenia Mucha, a company spokeswoman, referring to Mr. Moore's agent. "That decision stands."

Disney came under heavy criticism from conservatives last May after the disclosure that Miramax had agreed to finance the film when Icon Productions, Mel Gibson's company, backed out.

Mr. Moore's agent, Ari Emanuel, said Michael D. Eisner, Disney's chief executive, asked him last spring to pull out of the deal with Miramax. Mr. Emanuel said Mr. Eisner expressed particular concern that it would endanger tax breaks Disney receives for its theme park, hotels and other ventures in Florida, where Mr. Bush's brother, Jeb, is governor.

"Michael Eisner asked me not to sell this movie to Harvey Weinstein; that doesn't mean I listened to him," Mr. Emanuel said. "He definitely indicated there were tax incentives he was getting for the Disney corporation and that's why he didn't want me to sell it to Miramax. He didn't want a Disney company involved."

Disney executives deny that accusation, though they said their displeasure over the deal was made clear to Miramax and Mr. Emanuel.

A senior Disney executive elaborated that the company had the right to quash Miramax's distribution of films if it deemed their distribution to be against the interests of the company. The executive said Mr. Moore's film is deemed to be against Disney's interests not because of the company's business dealings with the government but because Disney caters to families of all political stripes and believes Mr. Moore's film, which does not have a release date, could alienate many.

"It's not in the interest of any major corporation to be dragged into a highly charged partisan political battle," this executive said.

Miramax is free to seek another distributor in North America, but such a deal would force it to share profits and be a blow to Harvey Weinstein, a big donor to Democrats.

Mr. Moore, who will present the film at the Cannes film festival this month, criticized Disney's decision in an interview on Tuesday, saying, "At some point the question has to be asked, `Should this be happening in a free and open society where the monied interests essentially call the shots regarding the information that the public is allowed to see?' "

Mr. Moore's films, like "Roger and Me" and "Bowling for Columbine," are often a political lightning rod, as Mr. Moore sets out to skewer what he says are the misguided priorities of conservatives and big business. They have also often performed well at the box office. His most recent movie, "Bowling for Columbine," took in about $22 million in North America for United Artists. His books, like "Stupid White Men," a jeremiad against the Bush administration that has sold more than a million copies, have also been lucrative.

Mr. Moore does not disagree that "Fahrenheit 911" is highly charged, but he took issue with the description of it as partisan. "If this is partisan in any way it is partisan on the side of the poor and working people in this country who provide fodder for this war machine," he said.

Mr. Moore said the film describes financial connections between the Bush family and its associates and prominent Saudi Arabian families that go back three decades. He said it closely explores the government's role in the evacuation of relatives of Mr. bin Laden from the United States immediately after the 2001 attacks. The film includes comments from American soldiers on the ground in Iraq expressing disillusionment with the war, he said.

Mr. Moore once planned to produce the film with Mr. Gibson's company, but "the project wasn't right for Icon," said Alan Nierob, an Icon spokesman, adding that the decision had nothing to do with politics.

Miramax stepped in immediately. The company had distributed Mr. Moore's 1997 film, "The Big One." In return for providing most of the new film's $6 million budget, Miramax was positioned to distribute it.

While Disney's objections were made clear early on, one executive said the Miramax leadership hoped it would be able to prevail upon Disney to sign off on distribution, which would ideally happen this summer, before the election and when political interest is high.

This is also posted in the political section and has drawn fire from those who don't respect Moore as a filmmaker. He is the populist documentary producer/director of the past three decades, that's all, and they can't stand it. Alluding to staging scenes but not willing to describe just what scenes were staged and how is an example of someone with a severe case of mental cramps. The judges at Cannes would certainly like to know but since that is statement is a complete fabrication, I doubt there will be any repercussions.

Rebuttal by Michael Moore
When You Wish Upon A Star... by Michael Moore
May 7th, 2004

Friends,

Thank you for all the incredible letters of support as my film crew and I once again slog our way through the corporate media madhouse. Does it ever end? Are we ever going to get control of our "free press" again? Can you wish upon a star?

The Disney spin machine has been working overtime dealing with this censorship debacle of theirs. I don't think they thought they would ever be outed. After all, they know that all of us are supposed to adhere to the unwritten Hollywood Code: Never tell the public how business is done here, never let them have a peek at the man behind the curtain.

Disney has been hoping for nearly a year that they could keep this thing quiet. As I promised on Wednesday, here are the details behind my sordid adventure with the Magic Kingdom:

In April of 2003, I signed a deal with Miramax, a division of the Walt Disney Co., to finance and distribute my next movie, Fahrenheit 9/11. (The original financier had backed out; I will tell that story at a later date.) In my contract it is stated that Miramax will distribute my film in the U.S. through Disney's distribution arm, Buena Vista Distribution. It also gives Miramax the rights to distribute and sell the movie around the world.

A month later, after shooting started, Michael Eisner insisted on meeting with my agent, Ari Emanuel. Eisner was furious that Miramax signed this deal with me. According to Mr. Emanuel, Eisner said he would never let my film be distributed through Disney even though Mr. Eisner had not seen any footage or even read the outline of the film. Eisner told my agent that he did not want to anger Jeb Bush, the governor of Florida. The movie, he believed, would complicate an already complicated situation with current and future Disney projects in Florida, and that many millions of dollars of tax breaks and incentives were at stake.

But Michael Eisner did not call Miramax and tell them to stop my film. Not only that, for the next year, SIX MILLION dollars of DISNEY money continued to flow into the production of making my movie. Miramax assured me that there were no distribution problems with my film.

But then, a few weeks ago when Fahrenheit 9/11 was selected to be in the Cannes Film Festival, Disney sent a low-level production executive to New York to watch the film (to this day, Michael Eisner has not seen the film). This exec was enthusiastic throughout the viewing. He laughed, he cried and at the end he thanked us. "This film is explosive," he exclaimed, and we took that as a positive sign. But "explosive" for these guys is only a good word when it comes to blowing up things in movies. OUR kind of "explosive" is what they want to run from as fast as they can.

Miramax did their best to convince Disney to go ahead as planned with our film. Disney contractually can only stop Miramax from releasing a film if it has received an NC-17 rating (ours will be rated PG-13 or R).

According to yesterday's New York Times, the issue of whether to release Fahrenheit 9/11 was discussed at Disney's board meeting last week. It was decided that Disney should not distribute our movie.

Earlier this week we got the final, official call: Disney will not put out Fahrenheit 9/11. When the story broke in the New York Times, Disney, instead of telling the truth, turned into Pinocchio.

Here are my favorite nuggets that have come out of the mouths of their spinmeisters (roughly quoted):

"Michael Moore has known for a year that we will not distribute this movie, so this is not news." Yes, that is what I thought, too, except Disney kept sending us all that money to make the movie. Miramax said there was no problem. I got the idea that everything was fine.

"It is not in the best interests of our company to distribute a partisan political film that may offend some of our customers." Hmmm. Disney doesn't distribute work that has partisan politics? Disney distributes and syndicates the Sean Hannity radio show every day? I get to listen to Rush Limbaugh every day on Disney-owned WABC. I also seem to remember that Disney distributed a very partisan political movie during a Congressional election year, 1998?-a film called The Big One... by, um... ME!

"Fahrenheit 9/11 is not the Disney brand; we put out family oriented films." So true. That's why the #1 Disney film in theaters right now is a film called, KILL BILL, VOL. 2. This excellent Miramax film, along with other classics like Pulp Fiction, have all been distributed by Disney. That's why Miramax exists -- to provide an ALTERNATIVE to the usual Disney fare. And, unless they were NC-17, Disney has distributed them.

"Mr. Moore is doing this as a publicity stunt." Michael Eisner reportedly said this the other day while he was at a publicity stunt cutting the ribbon for the new "Tower of Terror" ride (what a pleasant name considering what the country has gone through recently) at Disney's California Adventure Park. Let me tell you something: NO filmmaker wants to go through this kind of controversy. It does NOT sell tickets (I can cite many examples of movies who have had to change distributors at the last minute and all have failed). I made this movie so people could see it as soon as possible. This is a huge and unwanted distraction. I want people discussing the issues raised in my film, not some inside Hollywood fracas surrounding who is going to ship the prints to the theaters. Plus, I think it is fairly safe to say that Fahrenheit 9/11 has a good chance of doing just fine, considering that my last movie set a box office record and the subject matter (Bush, the War on Terror, the War in Iraq) is at the forefront of most people's minds.

So what will happen to my movie? I still don't know. What I do know is that I will make sure all of you see it by hook or crook. We are Americans. There are a lot of screwed up things about us right now, but one thing that most of us have in common is that we don't like someone telling us we can't see something. We despise censors, and the worst censors are those who would dare to limit thoughts and ideas and silence dissent. THAT is un-American. If I have to travel across the country and show it in city parks (or, as one person offered yesterday, to show it on the side of his house for the neighborhood to see), that is what I will do.

More to come, stay tuned.

Yours,

Michael Moore
http://www.michaelmoore.com
[email protected]

P.S. Be sure to check out yesterday's New York Times Editorial, "Disney's Craven Behavior"

http://www.nytimes.com/2004/05/06/opinion/06THU4.html?ex=1084420800&en=dd695e1433b69ff3&ei=5062&partner=GOOGLE