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.