Some time today this blog site will pass 1 million page views. It’s not that many considering that we’ve been online since 2008, but it’s still a sign that people are interested in a wide range of films. Perhaps more significantly we know that we’ve been visited from over 200 countries – more than the number of members of the UN – so our reach is genuinely ‘global’ (see the little ‘Visitor Flags’ indicator) in the sidebar. We hope at least some of those page visits have helped to entertain and inform.
The announcement by the Showroom Cinema in Sheffield that they have been denied ‘on date’ bookings for films distributed by Artificial Eye/Curzon Film World is an example of a trade practice known as barring. This practice and the associated practice of alignment were in operation in the UK up to the arrival of the multiplex and the demise of the ‘circuit cinema’ – the single, double or tripled traditional cinema – in the early 1990s.
Alignment refers to vertical integration in the film industry and the practice of a distributor favouring its own chain of cinemas over those of a competitor. In the 1950s and 1960s in the UK the duopoly of Rank (Odeon) and ABPC (ABC) meant that in many locations there were two circuit cinemas competing for audiences. Each of the distributors not only favoured their own films in their own cinemas but also made deals with the Hollywood studios, aligning a Hollywood studio with their chain. Thus ABC cinemas showed Warner Brothers and MGM and the other studios went with Odeon.
Barring was the practice whereby a distributor simply refused to allow one of its films to be shown in a rival’s cinema. Barring orders specified a radius of x miles around one of their cinemas inside which the film couldn’t be shown by a competitor.
These practices have been looked at by UK industry regulators (e.g. the Monopolies and Mergers Commission, Office of Fair Trading etc.) on several occasions in the 1960s, 1980s and 1990s. The EU is also concerned about the effects of such practices. In the main however, the advent of the multiplex from the 1990s onwards has meant that ‘alignment’ is no longer an issue and all multiplexes have the same access to the same mainstream films because barring is not possible without alignment. But the state of play in the specialised film market is rather different.
The specialised film market is difficult to describe (the definition comes from the UK Film Council and now the BFI) but lets assume it means all those films that are not likely to show across the mainstream multiplex market. They might appear on some multiplex screens but mostly will be seen in ‘independent’ cinemas. This sector is now changing and becoming dominated by three companies: Picturehouse, Curzon and Everyman. These three chains are all growing – opening/acquiring new cinemas, often ‘artplexes’ with 2, 3, 4, or more screens. Curzon is the biggest distributor of specialised films but Picturehouse also has a form of control over bookings for films by smaller cinemas. Curzon and Picturehouse effectively control the market for specialised films. If their bookers don’t like your film, you have little chance of distributing it in the UK. Neither of them seem interested in Chinese, Japanese and South Korean films for instance – or Indian art films or independents.
The victims of the potential oligopoly control of this market are the public sector cinemas – those operating as charitable trusts and dependent on public funding. These are the cinemas once known as ‘Regional Film Theatres’. Once these cinemas were abandoned by the BFI in terms of a booking service (i.e. negotiating booking s of films with distributors) they had to choose either to book films directly themselves (very difficult), use the new service set up by the Independent Cinema Office (ICO) or go to groups like City Screen (Picturehouse) who would deal with the other distributors. This made the independents more likely to follow the main distributors and to shift towards more commercial policies as the market got tougher and as other forms of public funding began to dry up. So, over the last ten to 15 years the programming policies of specialised cinemas has changed. The changes were signalled for me by the decision of Tyneside Cinema in Newcastle (booking service through City Screen) to show Sex and the City 2 in 2010, a decision which I understand divided the staff at the time. Now I am hardly surprised any more when I see a trailer for Star Wars at a Picturehouse cinema or the new Avengers movie showing at a Curzon or Everyman.
Keith in his recent posting is justified in complaining when the distributors (and their associated cinemas) get public support for these new programmes. There are three specific forms of support. The BFI puts money into the development and production of British films as part of cultural policy (as do European funds such as EU MEDIA) – with the aim that these be seen by diverse audiences. Similarly, certain foreign language films are supported in distribution to increase the diversity of the film offer. Finally, European funding goes to cinemas which show European films as part of the Europa Cinemas network (which includes the Showroom in Sheffield, Pictureville/Cubby Broccoli in Bradford – now operated by Picturehouse – and the Hyde Park in Leeds. The barring applied to the Showroom by Curzon, illustrated in Keith’s post, goes against the reasoning behind this cultural support. It restricts access to films showing in the bigger cinemas at Showroom. It also penalises a cinema which is at the centre of the BFI’s Audience Development programme as the centre of Film Hub North.
The BFI’s response to Curzon’s actions was in my opinion pretty feeble. The BFI is the nominated agency of British public policy in relation to distribution and exhibition as part of UK film culture. It should be making more robust statements or putting pressure on Curzon to desist this practice. Barring and alignment are not good for audiences, publicly-funded cinemas or UK film culture generally.
A friend has just drawn my attention to a circular from the Sheffield Showroom to its customers. It includes the following:
Force Majeure is a new and award-winning Swedish film being released in the UK this weekend (10th April). It was our intention to show this film on its release date however we have been recently informed that Curzon Film World, the film’s distributor, will not accept our booking and that from now on Curzon will not allow us to show their films on release date.
Showing the best British, independent, European and foreign language films has been our long-standing programming offer to you and we know from your feedback that you have appreciated our commitment to bring these films to you.
Whilst we recognize that Curzon, as a private company, can operate however it wishes, it receives substantial amounts of public funding to help support the release of its films and supporting public policy objectives for ensuring as many people as possible have the opportunity to see them.
The reference to public funding includes the monies from the British Film Institute to support the distribution of ‘less commercial’ films. It always struck me that the policy was misplaced – what provides variety and quality for UK film-buffs are the sadly decreasing number of independent cinemas. This includes the Showroom, our own Leeds-based Hyde Park Picture House and the new Manchester Cornerhouse cinemas: bizarrely renamed Home.
From before the 1st World War when the burgeoning Hollywood film industry planted its foothold in Britain, distribution has been the problem for film-goers. They enjoy a dominant position and [predictably] box office trumps critical quality. The French have a much more enlightened policy of film culture: and in the UK other arts do a lot better.
My experience of raising issues with film institutions is bleak. We need to follow the advice that Roy penned last year – support your local independent cinemas. I sincerely hope that the Showroom rides this one out.
The Board of Governors for the BFI is supposed to include two members who represent the ordinary users. As regular readers will know there is currently only one representative, and for some of us there is not much sign of representation by him. Action on this is overdue. In informing interested people the Board appear to follow the well-worn tactic of bureaucracies, stonewalling. Since a fresh election is overdue I have emailed a number of requests to the Board office asking for explanation. There has been a paucity of replies: this might be down to someone having read my earlier postings. However, a colleague has had the same problem, so I don’t think it is just personal.
Now, at last, the Board Secretary has sent me a response: the main information is as shown below:
I refer to your query in relation to any possible arrangements for the election of a Member Governor in 2015.
In September 2014 the DCMS published the results of the first BFI Triennial Review since BFI became the lead public body for film in 2011. The report was a strong endorsement of the work of the BFI. It acknowledged the important contribution the BFI makes to supporting and enabling the UK film industry and it recognised the benefits that come from bringing the cultural and commercial expertise for film under one organisation. The Review proposed changes to the process of appointment of the Chairman and Governors. While the BFI considers the new process of appointment for the Chair and Governors, including the implications for the Royal Charter, the Board in consultation with DCMS, has extended the term of the current Member Governor, Peter Kosminsky, for one year.
This response begs quite a few questions. The Triennial Review actually stated the following:
Governance and Appointments
The BFI Chair is appointed by the Secretary of State and that the appointment is regulated by the Office of the Commissioner for Public Appointments (OCPA).
The BFI Board members are appointed by the Secretary of State and the appointments made in accordance with OCPA principles, to be implemented as vacancies arise on the Board (with the exception of the Member Governor post(s)).
Clearly proceeding with changes stemming from the Review does not necessitate postponing the election of Member Governors. Apart from any prejudices among the Governors and management, there is at least one other possible factor. Revisiting the Review I noticed the following:
5.15 Cabinet Office guidance on good corporate governance recommends a majority of non-executive Board members come from the commercial private sector, with experience in running complex organisations. In the BFI’s case, such expertise would not need to be limited to the creative sector.
As far as I can make out this process of Triennial Reviews was introduced in 2011. So it clearly bears the hallmarks of the current political illusion that ‘commerce’ always knows best. The period of austerity has actually demonstrated that this social group is driven by self-interest than any commitment to wider interests
Moreover this line conflicts with other pronouncements regarding the BFI and its predecessor The Film Council. These would include supporting British independent filmmaking: supporting young filmmakers: supporting diversity: supporting films of aesthetic or documentary value: supporting access to the wider world cinema. Indeed the Review document contains such contradictory statements. The BFI and DCMS review the size and make-up of the Board with a focus on increasing the diversity of the Board through future appointments. They mention women and ethnic minorities. There appears to be no mention of working class representation or audience members. The current Board members listed on the BFI Website are: [note, amount of detail varies for individuals]
Greg Dyke became Chair of the BFI in March 2008. Formerly Director-General of the BBC, Greg is also Chairman of the Football Association and Chancellor of the University of York.
Josh Berger is President and Managing Director, Warner Bros. Entertainment UK, Ireland and Spain.
Pat Butler is a partner at the Resolution Group and an expert in corporate and business strategy, operations and performance improvement.
Charles Cecil is a video game designer and co-founder of Revolution Software. In 2011 he was awarded an MBE for services to the computer games industry.
Alison Cornwell is Group Chief Financial Officer of Vue Entertainment International. She qualified as a chartered accountant in 1990 and spent 5 years in corporate finance before joining Disney’s International TV business. At Disney, In 2005 Alison left Disney to become CFO of private equity backed Sparrowhawk Media which acquired the international assets of Crown Media Holdings. In 2008 Alison was appointed CFO of the international film distribution company, Alliance Films.
Pete Czernin lived and worked in Los Angeles for nearly 10 years for a number of production companies and studios. In 2005 he partnered with Graham Broadbent and set up Blueprint Pictures, a London-based feature film production company.
Ashley Highfield is CEO of Johnston Press. Previously he has held high-level posts at Microsoft and the BBC.
Tom Hooper is an Oscar-winning film director. His features include Les Misérables, The King’s Speech and The Damned United.
Matthew Justice is currently Managing Director of Big Talk, the multi award-winning film and television production company.
Oona King, Baroness King of Bow, is a member of the House of Lords. She is a writer, broadcaster and political campaigner and a Diversity Executive at Channel 4.
Peter Kosminsky is an award-winning writer and director behind some of the most important and revelatory television of the past three decades.
Timothy Richards is the CEO of Vue Entertainment, which boasts over 66 million annual admissions from 1319 screens in 145 state-of-the-art cinemas worldwide.
Jonathan Ross OBE is a mainstay of British television and radio, rarely off the airwaves either as a presenter or as a host of his own distinctive style of celebrity guest interviews.
Lisbeth Savill [Deputy Chair] is a partner in the law firm Latham and Watkin’s London office in the firm’s Entertainment, Sports and Media Practice.
Andrea Wong is President of International Production for Sony Pictures Television (SPT) and President of International for Sony Pictures Entertainment (SPE).
One of the least diverse sections of British society is found in the leadership of the commercial sector, as women’s and ethnic groups frequently point out. Moreover by definition when one becomes a leader in commercial enterprise one ceases [if one ever was] to be working class. The list indicates that it is only from the higher end of this sector that appointments are made. So there are no representatives from the Trade Unions or from the UK Film Societies, who actually have a national presence. Senior Managers attend Board Meetings: note though there is no reference to a representative of the BFI staff.
This emphasis follows on from another recommendation:
One of the key recommendations made in this Review is the development of a Business Development Strategy, focused on establishing a new commercial model which will optimise the value of the BFI’s various assets, and identify new ways to increase income from private sources. Once established, this Strategy should help reduce dependency on Grant-in-Aid Department for Culture, Media & Sport.
This seems to me a staging post on the way to privatisation: though this view was roundly criticised at a recent Film Society Federation meeting. But the example in other sectors, including in the arts and culture, suggest that this is part of just such a process.
What makes the situation worse is the apparent inactivity of the current representative. With the honourable exception of Cy Young, these elected representatives have never appeared that interested in representation. Evan so Peter Kosminsky would appear to put his predecessors in the shade. As far as I can make out he has not issued a single report during three years to the people who elected him. He will only accept communications through the Board office. And he does not reply even to these communications: certainly not either to me or to a colleague who I checked with. And I have searched the minutes in vain for some comment by him: only his name in the list of attendees.
A colleague helped by unearthing his statement and manifesto for the 2011 election. In fairness to him it should be admitted that he makes no mention of representation at all.
But I think it is fair comment to point out that in the UK ‘representation’ is normally assumed to being open to the views and comments of those who elect the representative. He did write that
I would do everything in my power to protect the BFI from outside interference and from the erosion of its education and commissioning budgets
Unfortunately he does not seem to have had much success in this. He also wrote re the Regional representative post
As a confirmed non-South-East of England resident, I’m putting myself forward for election as a governor in that category. [i.e. Regional Representative].
I have to say I was surprised to find that him state in an interview that he lives in Wiltshire: not the inference I drew from his statement. Taken together with the listing of other Board members it appears that there is no representation from north of Watford – which includes the Midlands, the North of England, Scotland and Wales!
Unfortunately there seems to be little pressure either on the Board or on the Department of Culture, Media and Sport to rectify this situation. Readers might give this some thought.
And note that Peter Kominsky also wrote in his statement that he regularly attends screenings at the National Film Theatre/Southbank. If someone sees him there perhaps they could ask him to tell them about his three years service on the Board: and whether he intends to give the electorate the opportunity to decide if they wish him to represent them for a further year.
PS Mark Newell advised me that there is now a notice regarding the extension of the Regional representatives term in the BFI newsletter and on the Website – presumably someone read this posting!
And there are some news sets of minutes up as well.