Excluding Netflix and Amazon movies from the Oscars may violate anti-trust laws

Cal Jeffrey

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A hot potato: The Academy of Motion Picture Arts and Sciences is having an annual rules meeting later this month. Up for consideration on the agenda is sure to be how movies from streaming services fit into the awarding system (The Oscars), if at all. The DoJ cautioned the Academy that rules discriminating against made-for-streaming movies could violate federal law.

Steven Spielberg has never hidden his contempt for streaming movies calling them nothing more than TV movies eligible for Emmy awards, but not Oscars. Last month, the 72-year-old award-winning filmmaker called for a ban on Netflix, Amazon, and Hulu movies being nominated for Oscars.

The US Department of Justice took note of the movement and warned the Academy of Motion Picture Arts and Sciences that such a ban might violate anti-trust laws by suppressing competition.

The Sherman Act prohibits rival companies from entering into anti-competitive agreements that would hurt the other firm’s sales. These rules include award restrictions.

A spokesperson told Variety that the Academy had received the DoJ’s notice and had “responded accordingly,” but did not specify what actions would be taken. The Academy’s annual rules meeting is set for April 23.

One of Spielberg’s complaints is that to qualify for Oscar nominations, some studios that produce content for streaming services have had “token” releases of movies to limited theaters for limited times and have hidden their number of viewers. Some view this as gaming the system and request rule changes that require longer stays in the theater and for studios to divulge their audience numbers.

Netflix and other streaming services are opposed to such rules as they feel it would hinder smaller projects and indie filmmakers from competing for awards in the mega-blockbuster environment. Even Spielberg himself says that today’s studios would rather go with a big-name franchise hit rather than take a chance on a smaller production that is bound to get lost in the noise.

“A lot of studios [today] would rather just make branded, tent-pole, guaranteed box office hits from their inventory of branded successful movies than take chances on smaller films,” said Spielberg (above).

Of course, these smaller productions are being picked up by Amazon, Hulu, and Netflix thus limiting or completely disqualifying (with the possible upcoming rule changes) them from Oscar consideration through no fault of their own.

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It's called progress, Mr. Spielberg. It's funny to watch all these different industries dominated by old dinosaurs desperately clinging to their money making machines, suspicious of anything new or different that could disrupt their flow of wealth. The best this old fossil can do is slow things down slightly, but there's no stopping progress. Ultimately it will be the consumer who votes with their wallet whether they prefer to enjoy a movie in the comfort of their own home or visit an overpriced cinema with overpriced everything.
 
Screw Hollywood. Greedy heartless *****s pushing politics and high prices and bashing our president. Most people in Hollyweird are over paid and overrated.
 
Movies eligible for Academy Awards are only those showing in theatres in LA county. It may be a very limited definition, but it existed for a while, and I'm not sure why there's suddenly a problem with streaming movies that didn't exist for made-for-TV movies or direct-to-DVD movies.
 
Screw Hollywood. Greedy heartless *****s pushing politics and high prices and bashing our president. Most people in Hollyweird are over paid and overrated.
is this sarcasm? guy literally has a hollywood star with his name on it. they're bashing their own kind considering his history in entertainment. sounds like that same description applies to him as well
 
How?
you can exclude Russian team from the olympics for doping allegations and yet you cannot ban Netflix and amazon (for unfair competition from my point of view) ?

what is next, 'the asylum' production company suing the Oscars for their movies not being included in the screening and consideration for the awards?
 
Well the rules has been set long time ago, if it's a cinema movie it is considered for the Oscars, if it is a tv movie it is considered for Emmy awards. Problem lies in the rise of the new streaming medium and lack of proper qualification. IMHO since it is ultimately screened on a small screens it should be excluded from the Oscars unless the movie had a theatrical release, too. But like other movies it should fall under the same requirements. Do other studios are required a number of theatres to release it to to be qualified? Do they have to provide the "numbers"? If not then why should Netflix and alike? Update the rules on that or be forever silent or do ppl like Spielberg afraid a Netflix flick will swoop all awards leaving them to dry? ;->
 
Do other studios are required a number of theatres to release it to to be qualified?

IIRC the movies are requires to be shown in a theatre in LA County for at least one week, at least once or twice a day (don't remember exactly).
 
You know, The Oscars was always about Acting, Producing, and Creativity ..... so what difference does it make where it comes from? Sounds like the Movie buffs are starting to feel the pressure to make some 1st rate films again .... about darn time!

This right here! Well said!
 
You know, The Oscars was always about Acting, Producing, and Creativity ..... so what difference does it make where it comes from? Sounds like the Movie buffs are starting to feel the pressure to make some 1st rate films again .... about darn time!
Agree 100% Uncle
 
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