Tag Archives: Touch of Evil

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The Noir Trilogy of Orson Welles

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“It’s a bright, guilty world.” Nowhere is this more apparent than in the distinctive film noirs of Orson Welles. The Stranger (1946), The Lady from Shanghai (1948) and Touch of Evil (1958) represent an explorative trilogy of betrayal, corruption and irrationality.

Welles, the iconoclastic filmmaker, creates disorienting worlds enveloped by foreboding shadows and uncertainty, with the camera occasionally functioning as a voyeuristic observer.  His characters range from emotionally shattered and trapped individuals (Michael O’Hara in The Lady from Shanghai) to men of power and potential greatness (Franz Kindler in The Stranger, Hank Quinlan in Touch of Evil) who sell their souls to cover their tracks.

Though The Stranger and The Lady from Shanghai are stylistically rooted in the 1940s noir tradition, Welles alternately distorts and transcends the genre — culminating in his masterpiece Touch of Evil.  Viewed chronologically, the noirish elements in The Stranger serve as a springboard for the surreal odyssey of The Lady from Shanghai which, in turn, foreshadows the nightmarish Touch of Evil.  What flows between these films is a bleak undercurrent of paranoia and despair.

Many critics, including Welles himself, have labeled The Stranger as his most impersonal and mainstream film.  However, Welles imbues a haunting noir atmosphere into this postwar thriller, which emerges as a telling portrait of small-town America:  Shadow of a Doubt meets Notorious.  Beneath the simplistic surface of the film’s Connecticut community lies, in the words of Allied War Crimes Inspector Wilson (played by Edward G. Robinson), an “obscenity [that] must be destroyed.”  That “obscenity” is Nazi fugitive Franz Kindler (Welles).

In the guise of history professor Charles Rankin, Kindler becomes a dictatorial and isolated character who gradually loses all rationality when he realizes that Wilson has learned his identity — not unlike Quinlan’s psychological unraveling when Vargas discovers the planted evidence in Touch of Evil.  Once exposed, the viewer follows Kindler’s unstoppable descent into madness and guilt.

Edward G. Robinson as Inspector Wilson.

Edward G. Robinson as Inspector Wilson.

A particular noir characteristic is Kindler’s bizarre obsession with clocks, which he calls a “hobby that amounts to a mania.”  The clock motif is integral to Welles’ film noirs because Kindler and Quinlan are doomed individuals whose time has run out.  In The Stranger‘s climactic scene, Kindler is impaled on the sword of the clock tower, then falls to his death — a sordid end that parallels Quinlan’s undignified collapse in the murky canal waters.  The deaths of Kindler and Quinlan are disturbing and lonely acts that Welles depicts with a poetic sense of tragedy.  Welles’ unorthodox villains have an oddly sympathetic quality which add to their irrationality.

Another noirish aspect of The Stranger is the perverse relationship between Kindler and his small-town bride, Mary Longstreet (Loretta Young).  On their wedding night, Kindler is more concerned with taking care of loose ends — such as burying the body of Konrad Meinike (Konstantin Shayne), a former Nazi colleague who the Allied War Crimes Commission set free in the hope of tracking down Kindler.  In a disturbing sequence, Kindler confesses to his wife that he has committed murder.  However, Mary chooses to protect him and keep his admission a secret, despite Kindler’s revealing comment to her:  “Murder can be a chain — one link following another until it circles your neck.” When Wilson confronts Mary with information about her husband’s past in the form of Holocaust footage, she literally runs from the truth and into the dead of night.

Robinson’s performance as Wilson parallels his portrayal of Barton Keyes two years earlier in Billy Wilder’s Double Indemnity, which makes his casting predictable. Perhaps The Stranger might have been more intriguing if producer Sam Spiegel allowed Welles to use Agnes Moorehead in the Wilson role — thereby resulting in an offbeat gender reversal.

The most noirish scenes in The Stranger are weighed heavily during the first half-hour.  In the memorable opening sequence, Wilson ominously pursues Meinike through South America as the escaped Nazi nervously reassures himself, “I am traveling for my health.”  The cinematography of Russell Metty (who later collaborated with Welles on Touch of Evil) develops a shadowy, menacing atmosphere that reflects Meinike’s uncertain frame of mind.  Welles and Metty evoke noir stylistics in the unlikeliest of settings, such as a school gymnasium where Meinike knocks out the unrelenting Wilson.

The atmospheric cinematography of Russell Metty.

The atmospheric cinematography of Russell Metty.

In the most chilling and visually accomplished scene, Kindler strangles Meinike in the woods during their “absolution,” an unsettling image underscored by Metty’s fluid, naturalistic photography.  Predating Touch of Evil‘s now-legendary opening shot, the Kindler-Meinike confrontation was filmed in a single four-minute take. Unfortunately, the film has too few of these Wellesian touches.

While The Stranger remains a conventional thriller, The Lady from Shanghai flaunts its cinematic iconoclasm from beginning to end.  Welles defies Hollywood tradition with a nightmarish charade.  Like Touch of Evil, he places the viewer in the middle of an evolving psychological hell.  Since Orson’s Irish sailor is as unconvincing as Rita Hayworth’s femme fatale, The Lady from Shanghai can be viewed as a distorted, fun-house parody of classic noir.  Modern-day critics who bemoan the film’s confused plotting and bizarre motivations never acknowledge its stream-of-consciousness framework established by Welles’ tongue-in-cheek narration as Michael O’Hara.  There is a method to this chaos.

Told from O’Hara’s point of view, the viewer never is sure whether the film is a strange dream or the barroom ramblings of a drunken sailor. The Stranger and Touch of Evil focus on the gradual loss of power and sanity, but The Lady from Shanghai plunges into madness from the introductory moment when O’Hara says, “Some people can smell danger.  Not me.”  Though O’Hara supposedly is a romantic hero, there are no heroes in Wellesian noir — only trapped individuals tainted by evil.  O’Hara is the biggest sucker of them all, thus making him fair game in the hands of the Bannisters and George Grisby.

With its abrupt shifts in tone and locale, The Lady from Shanghai is a noir of never-ending jolts.  Like Touch of Evil, viewers never know exactly where they are, but they have a better idea than O’Hara as they follow his descent into the abyss.  The film’s uncertain landscape is abetted by Welles’ evocative shooting off the Mexican coast and in the San Francisco Bay Area, which lends a bizarre travelogue quality to O’Hara’s disorienting voyage.

Everett Sloane and Rita Hayworth as the pitiful Bannisters.

Everett Sloane and Rita Hayworth as the pitiful Bannisters.

There is an undeniable sensuality in The Lady from Shanghai which cannot be found in Welles’ other film noirs.  Hayworth’s Elsa Bannister is a highly desirable woman.  When Elsa entices O’Hara with an exotic job opportunity (“Would you like to work for me?  I’d like it”), it proves a temptation difficult to resist. However, this obsession goes beyond the character of O’Hara — the shots of Elsa swimming and sunbathing have a voyeuristic quality as Charles Lawton Jr.’s camera hovers provocatively over her body.  The predatory point of view could well be that of Arthur Bannister (Everett Sloane), a powerful attorney who believes that all people can be bought.

Like many noir protagonists, O’Hara is a foolish man willing to do foolish things, thereby leading to some irrational decisions.  Grisby (Glenn Anders) convinces O’Hara to accept $5,000 in exchange for taking the rap in Grisby’s fraudulent murder.  O’Hara agrees to the deal and, of course, Bannister’s creepy associate ends up dead.  Until his unfortunate exit, the eccentric Grisby lends a morbid touch of black humor to the proceedings, especially the manner in which he says “target practice.”

As the prime suspect in Grisby’s murder, O’Hara is “defended” by none other than Arthur Bannister, who offers his client these words of encouragement:  “I want you to live as long as possible before you die, Michael.”  Playing against convention, Welles adds comic punctuation to the courtroom scenes by making the attorneys orate like game-show hosts, having the jury continually sneeze and cough, and casting Erskine Sanford as an ineffectual judge.  Evidently, Welles has a low opinion of the legal system.  Ironically, O’Hara manages to escape before the verdict is read.

The Lady from Shanghai‘s famous “hall of mirrors” shootout parallels The Stranger‘s clock-tower climax.   Like Kindler, the Bannisters’ future is all used up.  Utilizing elements of German expressionism, Welles takes noir tradition and smashes it. After the bullets are fired and the mirrors (or psyches) are shattered, the viewer is left with a certain detachment and ambivalence toward the fate of O’Hara and the pitiful Bannisters.  “One who follows his nature, keeps his original nature in the end,” O’Hara reminds Elsa as she breathes her last.

Elsa Bannister fires away in the "hall of mirrors."

Elsa fires away in the “hall of mirrors.”

Elsa’s act of betrayal towards O’Hara and its outcome have less of an emotional impact than the Mary/Kindler and Menzies/Quinlan relationships.  “I made a lot of mistakes,” the self-pitying Elsa tells O’Hara.  “You can fight, but what good is it?  We can’t win.”  And she dies alone.  There is a cruel irony when the dying Bannister condescendingly tells his wife, “You made a mistake, lover. You should have let me live.  You’re going to need a good lawyer.”  Like Quinlan and Kindler, he dies unrepentant.

What remains is a sordid, corruptible wasteland as O’Hara walks away from the woman of his nightmares.  “Everybody is somebody’s fool,” he surmises.  And in The Lady from Shanghai, it is the fool who survives.

The Stranger and The Lady from Shanghai, for all of their visual bravura, remain wildly uneven works — flawed by studio interference (both films cry out for director’s cuts that never will be seen) and Welles’ eccentric miscasting in the pivotal roles of Kindler and O’Hara.  Yet they serve as stepping stones for his definitive noir statement: Touch of Evil.

Perhaps his most accomplished and assured film since Citizen Kane (1941), Welles paves the road upon which other contemporary noirs will follow.  More than 57 years after its release, Touch of Evil maintains a timeless quality.  Even a director as visually hyperbolic as David Lynch has yet to make a movie as unsettling as this one.

Best of all, Welles is superbly cast. There’s not a trace of “acting” in his complex portrayal of police captain Hank Quinlan, whose voice sounds as though it emerged from the bottom of a sewer.  Welles’ accomplishments as an actor always have been underrated in contrast to his filmmaking achievements, yet Touch of Evil reminds the viewer that he was a vital performer — not the hammy individual seen in The Stranger and The Lady from Shanghai.  With the exception of Falstaff in Chimes at Midnight (1966), Quinlan represents Welles’ most detailed character study.

Welles as corrupt police captain Hank Quinlan.

Welles as corrupt cop Hank Quinlan.

Mostly shot on location in Venice, California, Welles creates a border-town hellhole bathed in darkness and surrounded by a gallery of disturbing characters.  The result is somewhat akin to a carnival freak show.  Strangely enough, viewers are so mesmerized by Welles’ seamless nocturnal vision that the daytime scenes (particularly those at the seedy Mirador Motel) appear somewhat jarring, as though the viewer has stepped out of a windowless, smoke-filled bar into the blinding sun of a midafternoon.

The breathtaking, expansive opening shot (culminating in the time-bomb explosion that kills millionaire Linnekar) establishes the film’s ominous tone, which is solidified once Quinlan arrives at the scene.  A brief exchange between narcotics investigator Mike Vargas (Charlton Heston) and the cynical coroner (Joseph Cotten) provides a telling introduction to Quinlan — not only for Vargas, but for the viewer as well:

Vargas: “I’d like to meet [Quinlan].”

Coroner: “That’s what you think.”

Quinlan is an instinctively brilliant yet corrupt police captain mired in Shakespearean tragedy.  His monstrous, though sympathetic presence dominates the film (even when he is off-screen) and sets in motion a sleazy labyrinth of drugs, perversity, murder and lawlessness.  Touch of Evil proves to be an apt title, since every character (including Vargas) is tainted and corruptible.  There are no innocents in this decaying world.

Mike Vargas (Charlton Heston) gets a nasty surprise.

Mike Vargas (Charlton Heston) gets a nasty surprise.

Of all the Wellesian creations, Quinlan is the epitome of film noir.  Like Charles Foster Kane, he is a dictatorial individual plagued by regret, loneliness, immorality and loss (i.e., his wife’s murder).  For years, Quinlan has been an isolationist (he lives near the border yet refuses to learn Spanish) and a law unto himself; therefore, it is inevitable that Quinlan creates his own downfall in a confused, paranoic state of irrationality — predating Richard Nixon’s Watergate cover-up.  Welles’ distorted camera angles represent Quinlan’s tortured, inebriated frame of mind.  He is a man lost in his own excesses, hence the classic reference by bordello madam Tanya (Marlene Dietrich): “You’re a mess, honey.”

During the first Quinlan/Vargas confrontation, Vargas asks, “Who’s the boss: the cop or the law?”  In Wellesian noir, the law does not triumph — it remains hidden in the shadows. “Even though [Quinlan] doesn’t bring the guilty to justice, he assassinates them in the name of the law,” Welles told Peter Bogdanovich in the 1992 book This Is Orson Welles. “He wants to assume the right to judge, and no one has the right to judge except under the authority of law. . . . But what he stands for is detestable.”

Touch of Evil follows the paralleling descent of Quinlan and Vargas.  They are moral opposites who, by the film’s conclusion, have much in common.

Quinlan was an honest cop who became corrupt through the tragedy of his wife’s strangulation — not unlike Vargas’ loss of control after his wife, Susan (Janet Leigh), was drugged and framed for the murder of Uncle Joe Grandi (Akim Tamiroff).  When Vargas enters Grandi’s bar and says, “I’m no cop now,” it is apparent that he has gone over the edge and lost the rationality to enforce the law.  Quinlan’s obsession for vengeance now has become Vargas’ — in fact, Vargas resorts to Quinlan-style methods to hunt down his nemesis.  Utilizing a bugging device (another Nixonian trait) to record Quinlan’s confession, Vargas has become what he despises and knows it.

Partners in betrayal:  Menzies (Joseph Calleia) and Quinlan.

Partners in betrayal: Menzies (Joseph Calleia) and Quinlan.

When Quinlan loses his power, he rapidly deteriorates.  The descent begins when Vargas accuses Quinlan of planting the sticks of dynamite to frame Sanchez, thereby making Quinlan vulnerable for the first time.  In retaliation, Quinlan forms an unholy alliance with the slimy Grandi (a character of black comedy not unlike Grisby in The Lady from Shanghai) to kidnap and drug Susan — a short-lived partnership that Quinlan’s loyal partner, Pete Menzies (Joseph Calleia), observes with disgust and heartbreak.  When Quinlan strangles Grandi, he succumbs to irrevocable madness.  This leads to the ultimate betrayal as Menzies resolves his moral dilemma by helping Vargas bring down Quinlan, but only after he discovers Quinlan’s cane near the body of Grandi.

“Quinlan is the god of Menzies,” Welles said in a 1958 Cahiers du Cinema interview.  “And, because Menzies worships him, the real theme of the scenario is treason, the terrible impulsion that Menzies has to betray his friend.”

However, Quinlan already has betrayed Menzies’ trust through his manipulative deceit and corruption.  “All these years, you’ve been playing me for a sucker,” Menzies angrily tells Quinlan.  It is ironic yet poetic destiny that Quinlan and Menzies end up killing each other.  For all his “famous intuition,” Quinlan’s disloyalty toward Menzies is the final act that does him in.

Touch of Evil can be considered a summary of the film noir themes Welles examined in The Stranger and The Lady from Shanghai. In his noir trilogy, the guilty are doomed to a violent demise in a world where evil is permitted and justice is distorted.  As for humankind, they are best represented by the philosophical Tanya, who delivers Touch of Evil‘s closing line (“What does it matter what you say about people?”) and walks away into a bleak, uncertain future.  In the end, the viewer remains surrounded by darkness.



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DVD Review: “Marlene” (1984)

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I was an actress. I made films. Period. 

Marlene Dietrich (1901 – 1992) probably thought no one would be interested in a documentary about her life and art. Her entertainment career spanned 55 years — beginning with her German film roles in 1923 and ending in 1978 as she crooned the title song in the movie Just a Gigolo.

Perhaps she had no desire to reminisce about her work as an enigmatic actress and cabaret singer. In fact, she referred to most of her oeuvre as “kitsch.”  However, Dietrich doesn’t seem as derogatory as she made herself out to be in the late Maximilian Schell’s 1984 film Marlene (available on DVD from Kino Video). Then again, she did go out of her way to be difficult.

For starters, Dietrich refused to be filmed. “I’ve been photographed enough,” she explained. “I’ve been photographed to death.” This might have been an impossible obstacle for any documentary to overcome, but director Schell (who appeared with Dietrich in 1961′s Judgment at Nuremberg) used it to his advantage.

Schell recorded Dietrich’s conversations on audio tape in her Paris apartment during 1982. A year later, he reconstructed the apartment interior along with an adjoining editing room — an innovative and clever device, though a bit pretentious at times.  In some ways, Marlene is a documentary about the making of a documentary.

Director Maximilian Schell in the reconstruction of Marlene Dietrich's Paris apartment.

Director Maximilian Schell in the studio reconstruction of Marlene Dietrich’s Paris apartment.

By not seeing Dietrich as she looked in 1982, Schell draws the viewer into the legend displayed in memorable film clips, newsreel footage and television excerpts. Furthermore, the multilingual interviews between Dietrich and Schell emerge as a verbal duel. Schell’s questions are as combative as Dietrich’s responses. “I’m not contracted to be exciting,” she states at one point.

While Dietrich insults Schell throughout most of the interviews, we are treated to a generous coverage of her cinematic highlights: the star-making role of sexy showgirl Lola in director Josef von Sternberg’s The Blue Angel (1930); the “Hot Voodoo” number from Blonde Venus (1932); her visually stunning performance as Catherine the Great in The Scarlet Empress (1934); and her box-office comeback as Frenchy, the tough-talking saloon girl who throws everything but the bar at James Stewart in the classic western-comedy Destry Rides Again (1939).

Unfortunately, Schell hits a brick wall in his attempt to discuss the Dietrich-von Sternberg partnership, which ended in 1935 with The Devil Is a Woman (Marlene’s personal favorite).  “He was always deliberately making life difficult for me [in order] to make me learn something,” Dietrich said of the influential filmmaker. Otherwise, she cuts off Schell by telling him to read her 1979 memoir My Life.  The result is a missed opportunity.

What’s particularly fascinating about the Hollywood years is Dietrich’s growth as an actress.  In retrospect, she delivered some of her best performances toward the end of her movie career — notably the “dual” role in director Billy Wilder’s Witness for the Prosecution (1957), the extended cameo as a bordello gypsy in Orson Welles’ Touch of Evil (1958), and her last major portrayal as the widow of a German general in Judgment at Nuremberg.

Dietrich’s beauty and eroticism also fill up the screen in her later television appearances, as she sings favorites such as “Falling in Love Again” and “Boys in the Backroom” in her inimitable, throaty style.  She can be mesmerizing and provocative when standing on a bare stage — entertaining American troops during World War II or performing in concerts across the globe.  The magnetism never dissipates.

The Scarlet Empress (1934)

The Scarlet Empress (1934)

Schell enhances the mystery of Marlene Dietrich by letting her work and personality speak for itself. Though hard-edged and contradictory, she reveals a sentimentality that is quite moving, as when talking about her hometown of Berlin.  The memories catch up with her and she begins to cry, admitting “I am a romantic, a dreamer.”

Nevertheless, Dietrich remains dismissive toward Schell’s work: “It will never sell in America.” Little did she expect that Marlene would receive a 1985 Oscar nomination for Best Documentary Feature, along with awards from the New York Film Critics Circle and the National Society of Film Critics.

In a February 1987 Los Angeles Times interview, Schell said that Dietrich (whose contract included a share of profits) was keenly aware of the film’s international success and left the following message on his answering machine:  “Isn’t it wonderful that we had that fight?” Later that year, Dietrich published her final volume of memoirs, also titled Marlene — an ideal companion piece to the 96-minute documentary.

Schell’s intriguing film deserves a remastered and expanded DVD reissue.  The Kino edition (released in 2009) boasts decent video and audio quality, but lacks any special features apart from the obligatory photo gallery.

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Two Versions of Elvis Presley’s Best Film

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From an artistic standpoint, the realm of cinema was not particularly kind to Elvis Presley. Though he appeared in 33 films, only a handful did justice to his talents. Even the singer’s best efforts — King Creole (1958), Flaming Star (1960), Viva Las Vegas (1964) and the criminally underrated The Trouble With Girls (1969) — showed that he was capable of doing more, if only Hollywood had given him a chance.

In 1969, Elvis (who detested the fact that he became a box-office commodity relegated to a series of musical “travelogues”) bid adieu to the silver screen and resurrected his career as a live performer. Naturally, Hollywood came knocking once again by producing a concert film that would capture Presley in all his glory.

The result was Elvis: That’s the Way It Is (1970), directed by Oscar-winning filmmaker Denis Sanders and shot by veteran cinematographer Lucien Ballard. Despite some unnecessary interviews with star-struck fans and Las Vegas hotel employees, the MGM documentary showcased Presley’s talent and charisma better than any of his previous films.  At his finest, Elvis was a spontaneous and imaginative artist who thrived in the presence of a live audience.

Utilizing six Panavision cameras, Sanders shot a tremendous amount of Presley footage during his August 1970 engagement at the International Hotel — considerably more than what was seen in the finished product. This became apparent when 60,000 feet of camera negative, along with the original 16-track stereo masters, was discovered in the Turner Entertainment vaults in the late 1990s.

Elvis Presley and director Denis Sanders.

Elvis Presley and director Denis Sanders.

Filmmaker Rick Schmidlin, who oversaw the historic reconstructions of Orson Welles’ Touch of Evil (1958) and Erich von Stroheim’s Greed (1924), produced a recut and remixed version of the Presley documentary. Seven years after its 2000 theatrical premiere, the refurbished That’s the Way It Is was finally paired with the original 1970 documentary in a two-DVD set released by Warner Home Video.

No stranger to concert films having produced and edited The Doors Live at the Hollywood Bowl (1987), Schmidlin was excited by the opportunity to re-edit That’s the Way It Is.  “I wanted fans to see something on Elvis that was more personable,” he said in a 2001 interview. “What I wanted to do as a filmmaker was try to understand the character and psyche of who [Elvis] was as a performer and how he wanted to be represented — not how Hollywood wanted to represent him.”

Compared to the 1970 release, Schmidlin’s “special edition” is a more cinematic work. The interviews and Vegas hotel promotions have vanished, with the emphasis remaining on Presley and his music. As a result, the revamped That’s the Way It Is runs 97 minutes — 11 minutes shorter than the original — yet incorporates a treasure trove of never-before-seen material.

The 2000 version includes restored footage of Elvis in rehearsal: engaging run-throughs of “My Baby Left Me” and “Santa Claus Is Back in Town”; the “Little Sister/Get Back” medley; and a surprise rendition of “The Happy Yodeler.” Schmidlin’s reconstruction also features different concert performances of “Heartbreak Hotel,” “Love Me Tender” and “Suspicious Minds.” Another unearthed moment occurs during the end credits when an excited Cary Grant meets Presley backstage after the opening-night show. (Grant praised Elvis as “the greatest entertainer since Jolson.”)

“This was a chancy film, because it wasn’t like Touch of Evil or Greed,” Schmidlin explained. “This was re-cutting a movie and performing major surgery — taking a dated documentary and re-examining it 30 years later. That had its difficulties. Both films act as bookends. One film tells one story, and the other film tells another — and they’re the same film. That’s a unique situation.”

British quad poster.

British quad poster.

Unlike his fictional movies, That’s the Way It Is captured the energy, humor and creativity of Presley that somehow eluded Hollywood.  It also revealed an artist at the peak of his powers. Interestingly, this aspect was not lost on Elvis, who knew his performances were being filmed for posterity. Having starred in 30 features, he understood the camera and knew how to work with cinematographers.

Schmidlin believed Elvis took charge of the direction whenever he was filmed:  “There wasn’t any apprehension. It was like, ‘Oh, great — they’re doing a movie without a script, and they’re doing it about me, so I can have fun in front of the camera.’ In some ways, Elvis has given himself his own great performance.”

The critical and commercial success of That’s the Way It Is encouraged MGM to produce Elvis on Tour (1972).  However, the Golden Globe-winning film revealed an artist in decline who already was tiring of the concert grind. As a result, the latter documentary paled in comparison to this revitalized portrait of Presley — a significant, influential force in 20th-century music and culture.

“He’s 35 years old, he’s in great shape, and he’s having fun,” Schmidlin said. “It’s the last time we look at Elvis in this condition and in this environment.  You get the fact that he’s a leader and you understand the magnetic personality that others have talked about. If I had an alternate title for the film, I would have called it Elvis on His Own Terms.”

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Special Report: The Decline of Physical Media and the Rise of Illegal Torrents

Almost one year ago Stephen Bowie and Stuart Galbraith IV, on their respective blogs, began debating the aesthetic issues of watching movies via streaming video versus physical media like DVD and Blu-ray. That conversation, which you can read HERE and HERE, happily prompted a lot of good dialogue all over the Net where how one watches film is nearly as important as what one watches.

And, now, the conversation continues with a chat focusing on the subjects of bootleg videos and illegal torrents, as well as the related but fiendishly complex issue of once copyright protected movies gradually lapsing into the public domain, and whether this is good or bad for consumers.  

    Stuart Galbraith IV:‎ ‪Let’s start with the issue of buying bootleg videos. I think we’re pretty much on opposite sides of the fence on this issue, as well as the related notion of downloading/streaming movies officially unavailable.

    Stephen Bowie:‎ ‪Well, first of all, buying a bootleg is something I’m a lot less inclined to do than possessing a bootleg.

    Stuart Galbraith IV:‎ ‪How do you mean?

    Stephen Bowie:‎ ‪Because that does mean there’s a middleman who isn’t a rights holder but is making a profit anyway. I’ll only fill that person’s pockets if I’m pretty desperate to see something. I couldn’t do what I do, as a TV historian, without being heavily reliant on non-commercially released copies of shows. ‪Isn’t that also true of Japanese films for you? Let’s say there’s a private torrent site that contains a whole bunch of fan-subtitled Japanese films that you can’t purchase legally. Would you or would you not avail yourself of those? Would it make a difference if it was for “work” vs. pleasure viewing?

    Stuart Galbraith IV:‎ ‪I think needing access to movies/TV shows as a researcher is an entirely different issue. When, for instance, I was writing my Kurosawa/Mifune book, many of their films, particularly Mifune’s, weren’t available through normal channels. I ended up buying Hong Kong DVDs, for instance, Japanese DVDs sans English subtitles, and in some cases rented bootleg VHS tapes from Japanese rental stores in LA’s Little Tokyo and elsewhere. I’d rather fend for myself accessing what I’d need through rental shops here in Japan and, when necessary, going through official channels and viewing those titles I’d need to see through archives. ‪What I’d like to address is from the perspective of the ordinary consumer fed up that, for instance, Disney won’t release Song of the South, which has opened an underground market for that title.

    Stephen Bowie:‎ ‪Okay. And your response to that, from the consumer’s viewpoint, is what? “I guess I’m SOL then” and that’s the end of it?

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     Stuart Galbraith IV:‎ ‪Well, first off I believe Disney will get around to Song of the South eventually. The mighty dollar supersedes political correctness any day. Over time labels have gotten around these issues with (for my money, overly PC disclaimers and warnings), driven by legal concerns more than anything else.

    Stephen Bowie:‎ ‪But that’s sidestepping the issue a bit. Are you arguing that someone curious about Song of the South would be wrong to avail him/herself of a pirated copy?

    Stuart Galbraith IV:‎ ‪From a historical and artistic perspective, it absolutely should be released. Besides, my argument with regards to that film is that Uncle Remus is smarter and wiser than all the white people in that movie. It’s no better or worse than a hundred other Hollywood movies from the 1940s, and certainly the racial stereotypes are far more offensive in Gone with the Wind.

    Stephen Bowie:‎ ‪Still doesn’t answer my question, though.

    Stuart Galbraith IV:‎ ‪No. I myself have a copy that was given to me as a gift. I haven’t watched it, partly because the picture quality isn’t where I want it to be. However, of the handful of bootlegs I have, all I’d gladly replace with legitimately purchased copies when and if those become available. But I don’t think that’s the case with those who rely on torrent sites for 50-100% of what they watch.

    Stephen Bowie:‎ ‪Right. That’s closer to the way I feel. My own primary concern about bootlegs is aesthetic — I’d rather wait and see if a remastered copy comes out somewhere. I even dumped TCM, finally, after deciding that even a recording straight off the air didn’t pass my quality check. Most of those were piling up unwatched in the hope of a legit release.

    Stuart Galbraith IV:‎ ‪With regards to your SOL comment, I think part of the problem is that many folks today want instant gratification. Old fogey me, I remember if you wanted to watch, say, Touch of Evil, what you did was buy TV Guide every week and hope, pray, that sometime over the next 6-9 months one of the 6-7 VHF and UHF channels would air it, and hopefully not at 3:00 am! For me the current state of home video is an embarrassment of riches. It’s positively amazing that so many obscure titles are easily accessible. Sure, there are a bunch I’d love to watch RIGHT NOW that are presently unavailable, but I have no doubt a good percentage of those will turn up sometime over the next year or two. I don’t mind waiting. A good measurement of that is DVD Savant’s Wish List. It was huge 10 years ago, but something like 80% of those titles are now available in some form.

    Stephen Bowie:‎ ‪And I know collectors who yell at me for not having taped, say, The Wackiest Ship in the Army when it ran on CBN in 1984. The fact that my age was in the single digits at the time doesn’t buy me much sympathy.

    Stuart Galbraith IV:‎ ‪Even those folks who have been complaining for years about George Lucas’s suppression of the first theatrical versions of the original Star Wars trilogy probably won’t have much longer to wait, now that he’s been bought out by Disney.

    Stephen Bowie:‎ ‪Or: I spend 20 years and a lot of money hunting down some rare TV show, and now it’s on YouTube. Any tool who wants can see it in three seconds. It’s infuriating, but that doesn’t have much bearing on the state of things now.

   Stuart Galbraith IV:‎ ‪Another thing: I’d bet many of those loudest bellyachers probably have a huge stack of unwatched DVDs and Blu-rays stacked up, gathering dust. Why not look at those while you’re waiting?

    Stephen Bowie:‎ ‪Look, I agree with that in general: Like you, I’ve had so much stuff to watch during the DVD era that for the most part (aside from my area of specialty, which is a big exception), I haven’t needed to go outside the proper channels to find stuff to watch.But: One reason I felt like this was a natural extension of our conversation last year is that the shift from physical media to streaming changes this equation.‪ If the market is tilting away from the possibility of a consumer legally purchasing (as opposed to streaming / “renting”) a copy of a movie, does that alter the ethics of bootlegging?

    Stuart Galbraith IV:‎ ‪I think that shift hasn’t so far stopped the flow of new and interesting releases, for one thing. Sure, if DVD and Blu-ray and all other physical media came to a full stop, that might change the rules. But that hasn’t happened. DVD and Blu-ray have been “dead” for several years, supposedly. I don’t see that now or in the immediate future. What I do think bootlegging and torrents are doing is having some, probably unmeasurable, impact on marginal titles. If everyone who wants a copy has one on their hard-drive already, what’s the point in releasing it to Blu-ray, DVD, or as a MOD?

    Stephen Bowie:‎ ‪I’ll bet they are cannibalizing the same niche audience that small indie home video labels need. Which is a problem. Well, then, take it as a hypothetical, or look at some of the isolated instances where it’s true now. For instance, Criterion’s Hulu channel. Even if that’s not a dumping ground for films they don’t plan on releasing on disc (which it seems to be), it’ll take them 20 years to get to all of them. And while I can stream those if I want to (which I don’t), in Japan, you can’t. Don’t you feel the impulse to have someone make copies of those rare Japanese films? Would you ever feel justified in doing so?

    Stuart Galbraith IV:‎ ‪Well, I found ways around accessing the U.S. version of Hulu while still paying for the service. But if I couldn’t, probably, no, I wouldn’t ask somebody to burn a BD-R for me just because I want to see something. For research purposes, probably yes. I suppose the bigger question is: By dumping titles they’ve licensed on Hulu, is Criterion damaging the financial incentive to eventually release those titles to DVD and/or Blu-ray?

    Stephen Bowie:‎ ‪That’s a good question. Yes, I suspect that Criterion starting that Hulu channel was a tacit admission that most of those films wouldn’t get a disc release, and so they wouldn’t be cutting into that revenue. But I do see a lot of people on movie forums talking about streaming a film to see if they like it and then if they do, buying a copy. For me that’s backwards — I’ll always seek out the best copy possible for a first viewing, even if it means blind-buying a Blu-ray of a movie I might hate. But it may be that for others streaming and disc purchases aren’t mutually exclusive.

     Stuart Galbraith IV:‎ ‪As the author of a recent piece here on WCP bemoaning the lack of Jacques Rivette titles on home video, would you pay money to obtain those unreleased titles as bootlegs or torrents, and if so would you then re-purchase them should they come to DVD or Blu-ray?

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    Stephen Bowie:‎ ‪It’s true that Milestone and a few other small labels have publicly said they’ve dropped plans to release films for which they have the rights because they’ve already been heavily pirated. So that’s not completely immeasurable. It’s really frustrating but, at the same time, still sort of an isolated example. I mean, I’m not going to download a Lionel Rogosin film now because Milestone is working on his stuff, and it’s probably reasonable to wait on almost anything that could come out via Warner Archive. But a ’30s Paramount title? I wouldn’t counsel anyone to hold their breath on that. ‪Would I purchase the unavailable Rivette titles from a bootlegger now? No. But, that’s what I was getting at earlier — I wouldn’t have to. These days it happens anonymously on the Internet rather than via one-on-one contact, but I could essentially “trade” for custom-subtitled rips of French DVDs. I’m not in a huge hurry to do that, but I would also have no compunction about it. For instance: I recently borrowed a gigantic set of Portuguese DVDs of Manoel de Oliveira’s films from a friend. There were three or four Oliveiras I hadn’t that weren’t in the set or weren’t subtitled so, yes, I did indeed acquire non-commercial copies of those so that I could drop them in chronologically.

    Stuart Galbraith IV:‎ ‪Technology-unsavvy me asks, “What exactly are you trading?” in terms of technology? And how do you make each other’s needs known?

    Stephen Bowie:‎ ‪I don’t want to give away too many trade secrets (and I don’t know many, because I’ve only dipped a toe into this world), but essentially there are private, invitation-only websites where cinephiles upload rare stuff that others can then download as a digital file. In some cases the standards of commercial unavailability, and image quality, are quite high.

    Stuart Galbraith IV:‎ ‪Hmm. This sounds like the 21st century version of secretive hoarders of 35mm prints in the old days! In any case I’m guessing we’re talking about numbers too tiny to have any major impact on even the niche catalog marketplace.

    Stephen Bowie:‎ ‪Exactly. Also, I believe you mentioned a kind of pool where you and some others commissioned subtitles for rare Japanese films, 20 years ago? Perhaps you can say more about that, but custom-subtitling is one of the factors that drives this underground community, and I think it’s one of the things that makes it ethically defensible.

    Stuart Galbraith IV:‎ ‪Yes, well. Around the time I was researching and writing about Japanese fantasy films – this being something like 22 years ago – none of the original Japanese-language versions of these films were available in the U.S. officially. Local TV markets had stopped running them, and the only licensed versions were panned-and-scanned, dubbed into English, and often heavily recut from their original versions. Gradually some of the films became available on VHS by people who’d obviously obtained Japanese laserdisc versions (for the most part) and then had them subtitled privately. Eventually I learned the main dealer doing this was making so much money that he was able to fly First Class to Tokyo several times a year (a $5,000 ride) on all the dough he was making. Fans didn’t care. They just wanted to see the movies. I, however, got to know many of the original filmmakers – directors, screenwriters, composers, actors, etc. – people who’d normally be entitled to royalties from their studios had these movies been legitimately licensed. Clearly this guy was getting rich while the people who actually made those movies got nothing. There was a time before that when I was invited in to a small, private group (mostly fellow researchers) that would all chip in to have these movies privately subtitled. In that case most or all of us already purchased the Japanese laserdisc of the titles in question, so this was, to my mind, merely a self-financed supplement to that experience.

    Stephen Bowie:‎ ‪Well, I started to say that I don’t care if some douchebag gets rich if the end result is wider availability for the art; it’s incidental. Then the second part of your comment makes that seem heartless! But at the time, you have to admit, English-language licensing of those films had to seem extremely unlikely. I can only counter with my own experience, is that often people who made TV in the 50s and 60s ask me, “How did you see that?” And only one or two have then gotten annoyed that I had a copy of some never-released show that they helped to create; dozens, however, have asked me to send them one, because they didn’t have it themselves.

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    Stuart Galbraith IV:‎ ‪That’s the thing: Back in the early 1990s it seemed very unlikely that any Japanese fantasy films would ever be released in the west in their original form, except maybe the 1954 Gojira. Nor did I think I’d ever get the chance to see any of the original Cinerama travelogues from the 1950s unless I trekked several hundred miles to John Harvey’s custom-built Cinerama theater in Dayton, Ohio. Now, of course, virtually everything is available, on its way, or under consideration.

    Stephen Bowie:‎ ‪Dave Kehr would kick you out of Movieland for writing that! There was more available on 16mm in 1975 than there is on DVD now! Don’t you know that?

   Stuart Galbraith IV:‎ ‪I do think Kehr may be right about classical Hollywood films on 16mm in the ’70s, but that gap, if true, is certainly narrowing. Also, to rent (not buy) a 16mm print from a distributor was comparatively expensive, anywhere from, say, $40-$200, just to rent a print for a couple of days. ‪I do want to address a related issue, the fact that we may be entering a new age in which classic films from the 1930s may fall into public domain, most famously Disney’s early cartoon shorts, but also everything from King Kong and All Quiet on the Western Front to Warner Bros. gangster movies and Fred Astaire musicals, etc. Some argue this is a good thing, that it will free-up long unreleased titles. What do you think?

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    Stephen Bowie:‎ ‪First off, I think you’ll see new legislation that extends corporate copyrights before huge swaths of sound films start going PD. That’s one reason why I’m provisionally pro-piracy in some circumstances: because big corporations (not the artists who work for them) have been writing US copyright law in recent years. But, generally, no, I think we’ve seen that public domain status does no favors for a medium as technically complex as cinema (or television). ‪I don’t pretend to have all the details figured out, but I’ve always said that the only way to pry the gems loose from the studio vaults is to create some kind of tax incentive for making that stuff commercially available. Obviously a non-starter in the current anti-NEA, anti-arts political climate (although who knows, maybe the corporate handout aspect would have some traction).

   Stuart Galbraith IV:‎ ‪Exactly. As someone who’s worked with home video departments in various capacities, I’m aware of exactly how expensive it is to store and maintain film elements, to create a new video master, etc. If, say, Snow White and the Seven Dwarfs suddenly became available from any and every PD outfit for five bucks, Disney would have zero incentive to ever remaster it again. I’d hate to live in a 2040 world where everyone was watching movies all mastered before 2014. As for private funding, to some extent that’s been happening for years. Hugh Hefner has facilitated the restoration of many films through his projects at the UCLA Film & Television Archive and elsewhere. And as much as people gripe about DVD-R programs, it’s an avenue in which studios have found a way (well, some have, MGM’s is DOA) to make obscure, extremely niche titles that probably sell a couple hundred units cost-effective.

    Stephen Bowie:‎ ‪There are a lot of Universal TV shows trapped in that kind of limbo now: The existing tape masters burned in the vault fire a few years ago, and no licensee is ever going to be able to afford to retransfer from the negatives. So your only shot at seeing BJ and the Bear at this point is old syndicated broadcasts posted on YouTube, basically. No, I’m very schizoid when it comes to the studios: If they’re taking good care of stuff and releasing it commercially, I’m their best friend. If they’re neglecting it, fuck ‘em: I’ll “steal” it.

    Stuart Galbraith IV:‎ ‪Of course, with TV there’s the problem of volume. It’s easier for Warner Bros. or Sony to remaster an hour-long Buck Jones Western and market it to hard-core B-Western fans with a $19.98 SRP than it is to take a chance on a 30-year-old TV show with 150 50-minute episodes.

    Stephen Bowie:‎ ‪Yes. Although many distributors have found a way to do that on DVD, and in fact I think Time-Life and Shout! may have realized that “complete series” box sets are in some cases more marketable than a slow trickle of the same series. However, that may also explain how you and I are coming from different places here. As a TV guy, it’s always been up to me to acquire what I want to see, either by recording reruns or from collectors. Only in the last 10 years has it been possible to buy more than a handful of old TV shows.

    Stuart Galbraith IV:‎ ‪Clearly, also, emerging computer technologies are making previously prohibitive projects, like the reconstruction of It’s a Mad Mad Mad Mad World possible. Twenty years ago the same work might easily have cost ten times what they were able to bring that title in for.

    Stephen Bowie:‎ ‪There, you see the kind of thing this demon technology can spawn? Shudder.

    Stuart Galbraith IV:‎ ‪Yes, and also content-starved media like Hulu I’m sure is driving TV (and film) availability like never before. The damnedest TV shows seem to be turning up on Hulu.

    Stephen Bowie:‎ ‪Actually, I’m mildly surprised that streaming hasn’t liberated more old shows. Researching my David E. Kelley piece, for instance, I found that only early seasons of The Practice, Picket Fences, and Chicago Hope were on Hulu; presumably, only what had been remastered for potential DVD releases (most of which didn’t materialize). Warner streams a few shows (e.g., Hawaiian Eye) where they can’t clear music rights for whole season disc releases, and some recent shows that didn’t get a disc release (like Rubicon) will show up on Amazon or Netflix. But I’ve yet to see a motherlode that didn’t also appear on DVD.‪ I don’t think, in other words, that streaming is really driving that side of the home video business … which may be a good thing. I don’t know.

    Stuart Galbraith IV:‎ ‪As a resident of Manhattan, I want to ask you about the bootleg scene in NYC and how that’s changed, and also if you ever checked “specialty” dealers in, say, Spanish or Chinese neighborhoods.

    Stephen Bowie:‎ ‪I’ve done a little bit of that, but because ethnic video stores are targeting native speakers, there’s a limit on how much I can infiltrate them. I used to live in a neighborhood with some Indian video stores, but couldn’t make heads or tails of the DVDs in there. You may remember that I came to you for help when I found a cheap, very well-stocked Japanese video store in midtown. ‪In that case, I ended up printing out box art from Amazon Japan and other websites in order to find some of the few Japanese DVDs that had English subtitles. And I did find most of the Juzo Itami and Hiroshi Shimizu films that aren’t available here. But … once I started renting, I realized that most (though not all) of the rental copies had been replaced with bootlegged copies! So, even though Japan is not one of the countries we generally associate with video piracy, there you have it.

    Stuart Galbraith IV:‎ ‪I find places like that fascinating. In Los Angeles I used to frequent Hong Kong and Chinese places recommended by Hong Kong cinephile Jeff Briggs, partly for those movies but also because they sometimes sold LDs or VCDs (and, later, DVDs) of obscure Japanese movies. There was a time, for instance, where the only way to see some of Kurosawa’s early films with English subtitles was via Hong Kong DVDs and VCDs.

    Stephen Bowie:‎ ‪Well, at one point I counted, and I have directly ordered DVDs from over 15 different countries!

    Stuart Galbraith IV:‎ ‪I think generally immigrant neighborhoods of all nationalities tend to do this, less so classic films and more often tapes of ordinary network prime time shows shipped to the States for homesick emigrants.

    Stephen Bowie:‎ ‪That’s interesting. That Japanese store did have a lot of JP (and Korean) TV shows, and many US films & TV shows, which would’ve been cheaper for me to rent there than from a regular video store … if they’d been the real thing! And understand, my objection to those bootlegs was aesthetic as well as moral, because they’d been compressed from dual to single layer in most cases. Fortunately the Itami discs were the originals, for some reason.

    Stuart Galbraith IV:‎ There was a time when in, say, Times Square, you could openly buy bootleg copies of the very latest movies, as in within a day of their theatrical premiere and even before, usually taped by a guy sitting in a theater with a camcorder. (Seinfeld did an episode all about this.) Does that sort of thing still exist today?

    Stephen Bowie:‎ ‪I was thinking about that — yes, I still see the guys on the sidewalk with the blankets full of $5 pirated DVDs, though not as often. And I’m assuming they’re downloading those off the internet, not infiltrating a theater with a camcorder. Backing up one medium: When 35mm gave way to DCP, it took out the key ingredient in the experience of going to movie theaters for me. Yes, you still have the size and the shared audience experience … but I realized that what mattered most to me was that photochemical quality of celluloid. Without that, I lost the motivation to go to the cinema, and shifted most of that viewing to my home theater….

    Stuart Galbraith IV:‎ ‪Same here….‎ ‪So, onto my last point: What’s the scene going to be like five years from now? Will torrents and downloads, legal and illegal, kill DVD and Blu-ray for good?

    Stephen Bowie:‎ ‪It’s not quite as dire, but in the same way, I feel like I would at least partially reject streaming video if it were to supplant physical media as the dominant delivery mode for home video. And what follows from that, naturally, is what do I do next? That has caused me to adjust my thinking about piracy somewhat.‪ Not because I feel entitled to free stuff (which is why many people download movies illegally) but because I do feel entitled to keep a movie in perpetuity if I purchase it, and to own a physical copy. Or am I not entitled to that, ethically? What do you think?

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    Stuart Galbraith IV:‎ ‪So then, almost bringing this full circle, yours is predominately cautious measure while I see no immediate end to this party, content that new DVD and Blu-ray titles will continue to flow in the foreseeable future, maybe not in exactly the way we’d like it all the time, but with enough new interesting stuff to keep me more than busy for the time being.

    Stephen Bowie:‎ ‪I don’t think I really have a prediction as to how fast things will change, but I think it’s clear that (1) there’s less demand for physical media, and that DVD & Blu-ray are evolving into a boutique market (like vinyl); and that (2) the rental market was a “bubble” that’s almost gone, and the future of consuming movies will mainly be a choice between buying or stealing. So, again, I ask it directly: If the choices are between streaming legally and acquiring a superior copy of it extralegally, what would you choose? In that future, would you censure cinephiles for congregating around private torrent sites?

    Stuart Galbraith IV:‎ ‪I think I’ve always been pretty clear on this point: As long as physical media exists for me that trumps even legal streaming, let alone poor quality bootlegs. I think where we disagree is about the speed and certainty about it going away for the most part or completely. Should it go away completely then, I suppose, all bets are off. It may come to that eventually but not, I don’t believe, anytime in the next five or six years.

     Stephen Bowie:‎ ‪Yes, I think that’s true in terms of the time frame. It’s even possible that I should be more worried about being able to buy another plasma TV when the time comes than about finding discs to watch on it.

 

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