Filmmakers question Oscar's foreign movie rules

By Stephen Galloway

LOS ANGELES (Hollywood Reporter) - Some of the most well-regarded foreign-language films of 2007 will not be eligible for this year's Oscar.

The Ang Lee-directed "Lust, Caution," a tale of romance and betrayal set against the backdrop of Japan's occupation of Shanghai in the 1940s, was disqualified by the Academy of Motion Picture Arts and Sciences even though it had been submitted as Taiwan's official entry. The Academy ruled that Taiwan did not prove that "creative talent of that country exercised artistic control of the film," as required by rule 14 in its official rule book -- obliging Taiwan to substitute another film, "Island Etude," in its place.

A second candidate, Julian Schnabel's French-language "The Diving Bell and the Butterfly" -- which won the directing prize at Cannes -- also will not compete, because France chose not submit it, opting instead for the animated "Persepolis." (The Academy allows each country to submit one film only, which it chooses according to its own rules.)

Another strong picture, "The Band's Visit," about an Egyptian brass band that gets lost during a visit to Israel, was excluded after it had been submitted by Israel because there was too much English in the film. (Israel substituted "Beaufort" in its place.)

And then there's "The Kite Runner," which would never have stood a chance even if its distributor, Paramount Vantage, had chosen to submit it. The Afghan tale, which features English and Dari dialogue, was made by a Swiss-American director, Marc Forster, with an international crew. (Afghanistan has no selection this year.)

"BYZANTINE" PROCESS

In excluding movies like these, the Academy continues to court controversy with foreign-language rules that many deem in need of revision.

"It is a really difficult category," says Bob Berney, president of Picturehouse, which this year is releasing Spain's entry, "The Orphanage." "The combination of all the countries' rules, plus the Academy's own rules, makes it a very Byzantine process.

That process raises a question that has bedeviled the Academy for years: Does the best foreign-language picture actually win the best foreign-language Oscar?

Not according to James Schamus, the executive producer and co-writer of "Lust, Caution."

"It's absolutely unfair and ridiculous," he says. "I dare you to tell me how 'Lust, Caution' is not eligible while (Ang Lee's 2000 release) 'Crouching Tiger, Hidden Dragon' not only was eligible but also won as best foreign film. It is almost the exact same situation: We shot them in China, with almost the exact same crew. The whole thing is patently absurd."

Schamus was unable to appeal the Academy's decision, he says, because films are submitted by a country, not a producer. "It's not up to me; it's up to the Taiwanese government. They were devastated. But they can't appeal: They were told that they only had a few hours to submit another film or else they would sacrifice a slot. This is causing outrage in Taiwan."

Bruce Davis, the Academy's executive director, took issue with those comments. In determining whether a film truly represents the country that submits it, he says the Academy looks at three areas: "First, the writer-director-producer area -- you have to have artists representing the submitting nation well represented in those three areas -- and that film ('Lust, Caution') has no problem there. Then you look at cast -- and none of the principal cast are from Taiwan. And then you move into the department heads -- cinematographer, production designer, sound mixer -- and nobody's from Taiwan. That's a problem, whether Mr. Schamus recognizes it or not. I saw him quoted as saying: 'You are telling one of the world's great directors he can't take his own crew?' Absolutely not! But we couldn't let him submit it unless the talent came from the submitting nation."

DON'T WHINE!

Davis adds, "If your film doesn't meet those requirements, don't whine about it. Take comfort in the fact that there are 17 other Oscar categories in which your film does qualify."