Variety is reporting a lawsuit brewing out of everybody’s favourite sleeper hit documentary ‘March of the Penguins’. Apparently the emporor penguins featured in the film are suing the producers, claiming they were fooled into signing release forms after the filmmakers got them drunk at a bar and told them they were making a ‘documentary film’ that would not be released in the U.S.
I kid, of course. The actual story is as follows: Director of photography Laurent Chalet wants a co-director credit on the film that he, along with director Luc Jacquet and second D.P. Jérôme Maison, shot over a 13 month period in the Antarctic. Producers have responded accordingly, “As director of photography Laurent Chalet did a very good job in difficult conditions but that doesn’t qualify him for a director’s credit. The director has the idea, the point of view, tells a story and has the final cut. It is a very different job.” Apparently both sides are working out some sort of negotiation, but the director credit is not something that they’re willing to change. Although I don’t really know how the crew dynamics worked while shooting the film, I can safely assume that Chalet most likely had alot of creative input in capturing the amazing images, which are probably the films biggest attraction. In regards to the triumphantly heartwarming story of the penguins yearly journey of sexual intrigue and self-discovery, i’d say the responsibility was mostly in the hands of editor Sabine Emiliani, under the supervision of the director. In the end, there’s so many hands in the pot that I suppose you could argue who contributed what to the final product. However, one thing you can’t change is the position that you were hired for. I guess this is just proof yet again that if you go out of your way to excel at something, you’re just going to screw yourself. The lesson? Do not over-achieve.
Related Link: Variety – ‘Penguins’ Marches Toward Court
I bought this movie and felt ripped off. In the North American version, are the penguins narrated as a man and a woman speaking to eachother, or is it all just one narrator?
In the french version, and subsequently the danish version, it’s narrated as if the penguins are speaking to each other. Most ridiculous thing I’ve ever heard. It’s along way from the sobriety of a movie like Jonestown that’s for sure.
The North American version is pretty different from what I understand. There’s no penguins talking to eachother. The entire movie is brought together by narration provided by Morgan Freeman.
That’s what I thought as well from reading imdb etc.
I’m sure the movie is tons better with that approach. You won’t believe how ridiculous the other thing is.
I think it sounds adorable.
Actually, I’m surprised the Canadian release of this didn’t come with a French dialogue audio track. That would be interesting to see/hear (if I knew more than high school French that is).
I was surprised as well that my DVD didn’t have the english narration. But one of the key succes factors of differentiating your product, is that your differentiated costumers never realize that your product has been differentiated.
But it’s horrible. It’s the most sentimental thing you will ever see, and for a young cynic like myself it definitely doesn’t work.
Hey – Thanks for this update; I wasn’t aware of the suit (or the speaking-to-eachother treatment in the French version!). I’ll one day ship $ for your “Obsessed & Scientific”; sorry for the delay. It got nuts in our world, pleasantly so, but nuts nonetheless. Hope your projects are going well; the site looks fantastic.
Jay C comments by saying, “The director has the idea, the point of view, tells a story and has the final cut. It is a very different job.” This is the crux of the matter. But finally the
contract should stipulate “for hire.” That is where you sign off on your rights, and is difficult to refute. In a documentary, often the cinematographer more likely determined where the camera set ups were, i.e. point of view. This may also be true in features and other forms. It depends on the director, cinematographer, producer, and when relevant, the production designer. In a feature the director’s mark, regardless of the camera placement, is most prevelant in the direction of the talent. Again this depends on the director, the director’s approach, and the actors. Penquins are not in this equation.
I work as a script continuity supervisor and have seen many instances of the cinematographer making directorial choices, either because they are more experienced or are overrunning the director. Where is the Assistant Director in all of this? Each production is different. I have suggested camera placement, in my role as ensuring coverage and perhaps having a different vantage point, and trying to help an indie production, “make it’s day.” Sometimes the advice is taken, sometimes not. It was not 13 months in the Anarctic as cinematographer.
I hired a director once, for a documentary, my idea, my questions posed after many converstations notes, and my family’s and also my life’s story. This director would convince me not to come on set as he was trying to “establish a rapport.” He would then cut the film as well and disregard what I asked in style and content. What occurred was a whitewash of the issues and ultimately revealed his sexism and lack of political awareness. My mistake was my naivete for letting this happen. However when I asked for the cut to be altered according to what I had at first suggested, as the creator and producer of this production, very little was altered. The negative had already been cannibalized. Fortunately some of the most telling footage was not even used. I cut a sample reel almost 10 years later using some of the footage from that film out the context of that film and because I was the producer and owned the footage. This director had been for hire and ultimately fired. I had over that ten year lapse, gotten coverage of significant events, with a shoe string budget, unlike the original, quite generous budget I procured, as producer, for this director. I would get an NEA grant that would then be rescinded as this director would contact the NEA and claim that it was an infringement on his copyright. The NEA would then lie, and say they had not given me the grant. They had called me and asked what bank would I like the money deposited in and it would be published in the wires. I have copies of this. The NEA would not honor their original bequeathment to me as they were too busy dealing with the whole Mapplethorpe “issue.” In my defense as sent to the NEA, I had a letter from a documentary producer/director, that stated, in a documentary, the director’s role is much less clear, than in a feature with actors, indeed, the cinematographer is often quite involved in “directing” the film, in addition to the director.
I have just rented this production and will view it. So I am speaking in a proverbial vein. Still the points hold. No one I imagine expected the success of “March Of The Penguins.” What loss is it for the director, if true of what I imagine transpired there for those many, many. long extreme months of shooting, to give co-director credit to the cinematographer? Much less than if he doesn’t, in my opinion. Ahhh but then this world is not what it seems dear friends…and poetic justice does prevail, ultimately…although it may be a long, long while.
kay taylor
December 28, 2006
seattle, wa
Good points, but as you say…many people have their hands in the creative process. If the judge were to set a precedent by awarding this man his co-directing credit, then wouldn’t there be a huge case of script supervisors, assitant directors, editors, cinematographers, caterers (ok, maybe not) suddently stepping forward and claiming to deserve a director credit as well? Imagine a prodcution like Lord of the Rings falling into this? The directors credit would probably be shared with 50 people.
I agree that the cinematographer probably deserves as much of a directing credit as the director, but it doesn’t necissarily mean he should get it.
Jay C
Yes, greed is rampant, just look at the world, especially our administration. However, unions were created largely to protect and define the various roles in the making of a production. It is collaborative. Stephen Speilberg gets way too much credit for his movies, in my opinion. He and Lucas altered the moviemaking process and now it is all about box office, not the quality script or story. Ever since Tarantino, every tatooed, pieced scenster will work on a movie for free. The studios have taught other countries how to get around paying labor and thus production flight. Serious and skilled labor suffer behind this. The unions bicker with each other and meanwhile a humongous chunk of ice just let loose in the arctic, due to global warming…Every situation is different. I don’t think Lord of the Rings would have issues of lawsuits as per director. It was a union production of professionals who know their jobs and those parameters. The indie scene that has sprung up around all the exploitation of labor has contributed to the misinformation and allocation of parameters of crew positions. Documentaries are different. As I said every situation is different. Something tells me, this production deserves looking at the cinematographer as co-director. I may very well be wrong, I was not on the set in Antarctica. Many directors, even on small productions should never get the director credit because they often don’t know their arse from a hole in the ground. Were this cinematographer wise, he would have renegotiated the contract in the midst of production or left. For some reason he didn’t do that and has chosen to pursue getting this credit after the fact. I don’t know why he waited…and this makes it all the more problematic but I do think it is quite often a valid argument.
Beautiful, magnificent, haunting images, honestly without seeing it a second time, I have to say the faces and industry blur as per director and cinematographer. This is truly one of those unique cases where the lines do blur, due to the conditions and subject. Perhaps I misunderstood this but it seems the director is also the writer of the narration, the cinematographer the writer of the images. I do believe the penguins themselves were the directors. So why not co-director credit? Again I am not privy to all the details on location, but on viewing this film, and thank god it is on film…. there is a very good argument ahead. Wish them all the best in working this one out. I am grateful to this production for the awareness it brings to these remarkable beings, thus to life itself on this planet as sentient inhabitants, and our environment which is seriously threatened. May we show the devotion and resilience of the emperor penguins and do what is right for the good of the whole, for our offspring, for the earth, and for all creatures…This truly is a love story.