Both sides have claimed early victories in the case of documentarian Joe Berlinger vs. Chevron over access to the raw footage he shot for his expose “Crude” on Amazonian oil exploitation. I’ve blogged about the case and the filmmaking community reaction here.

On Thursday, the appeals judge ruled that Berlinger must turn over Crude footage that does not appear in any public version of the film’s release if it shows the counsel for the plaintiffs in the Lago Agrio class action lawsuit against Chevron or any experts or Ecuadorian government officials involved in that case.

This is bad news for the plaintiffs in that case, and likely good news for Chevron. Thankfully, the court also found that Chevron had to use the footage strictly for legal defense purposes and could not use if for marketing or other PR purposes. But whether this decision means that filmmakers can rest assured that their footage is safe from similar “takings” is still pretty unclear.

As for the case’s potential use as precedence on non-confidential information and journalist’s privilege in the future, Floyd Abrams, the famed First Amendment lawyer representing the media amici, cautioned that a ruling alone is not enough grounds to gauge its future applications. “We have to wait for the opinion of the court to see how they applied the law,” Abrams said. “It’s too early to tell where we’re going in this area.”

Berlinger himself seems both confident that the court will ultimately uphold the narrowing of the original request and the difficulty of any court appeal to prevail:

Most appeals are unsuccessful and the appealing party has a lot to prove. I was very relieved the court seemed to be sympathetic to my primary concerns about the case. Nobody expects the decision to be completely reversed. Having covered the legal process, I know there are times you want journalists to be compelled. But it can’t just be a fishing expedition. If I knew I had any evidence that was exculpatory, I would want the footage to be turned over. But only if the First Amendment standards of true relevancy and exclusive access of information are met.

Lobby group wants to make docs a priority for PSBs

by Kelly Anderson

At the recent Hot Docs festival, MercuryMedia CEO Tim Sparke took the opportunity to announce the launch of the Documentary Distributors’ Association, a group that aims to lobby public service broadcasters to consider airing more documentaries.

Sparke says the idea behind the Documentary Distributor’ Association came from MercuryMedia chairman and former ITV director of television Simon Shaps. “He felt it was something that the industry really needed,” says Sparke. Shaps will be chairman of the DDA, while Sparke’s role right now is to get the word out and get the first 10 distributor members on board.

The main goal is to approach public service broadcasters to get docs back on their schedules. “It’s about documentary fighting – and I use that word guardedly – for an enhanced position within television schedules and on other platforms,” says Sparke. “There’s no doubt in my mind that television is still the preeminent place for telling people about what’s going on in the world and documentary is the single most important tool [for] telling people that.”

CTD…

Juan Diego Pérez/Entendre Films An Ecuadorean cancer victim’s reflection in an oil-polluted stream near her home in the documentary “Crude.”

5:10 p.m. | Updated

A federal judge in Manhattan on Thursday granted a petition by Chevron to issue a subpoena for hundreds of hours of footage from a documentary about the pollution of the Amazon rainforests of Ecuador and the oil company’s involvement.

Judge Lewis A. Kaplan of United States District Court said that the director Joe Berlinger would have to turn over more than 600 hours of footage from his documentary “Crude.” The film, which was released last year, chronicles the Ecuadorians who sued Texaco (now owned by Chevron) saying the operations of the companies’ oil field at Lago Agrio contaminated their water.

CTD…

Dispatch from Toronto | Hot Docs ’10: Pitch Perfect at the Toronto Documentary Forum

by Basil Tsiokos (May 7, 2010)

The scene at the Toronto Documentary Forum. Photo courtesy of Hot Docs/Joseph Michael.

Hundreds of broadcasters, funders, filmmakers, and other observers convened this Wednesday and Thursday morning for the Toronto Documentary Forum, North America’s largest documentary market, as part of the ongoing Hot Docs film festival. Led for the second year by Elizabeth Radshaw, the TDF selects twenty promising new projects for filmmakers to pitch for potential co-production support, providing invaluable access to the movers and shakers of the non-fiction world and allowing them to make an early impression that may pay off with a broadcast deal or at least open a door to acquisition meetings down the line.

A number of strong-sounding docs got pitched at this year’s TDF at HotDocs… but I’m a little astounded by the proposed budgets. When producers of fiction features (generally higher grossing than docs) are being told to keep budgets to the $200K range (see Ted Hope’s comments at IFP marketplace last fall), how do documentary makers think their ever going to recoup these budgets?

Tribeca looks to expand notion of film festival

By JAKE COYLE (AP) – 6 days ago

NEW YORK — When British director Mat Whitecross was growing up in Oxford, only so many movies screened in his local cinema — and not the intriguing movies he read about playing at film festivals or elsewhere.

Whitecross estimates that 90 percent of the films that were influential to him — such as “Taxi Driver” and “La Dolce Vita” — he watched “on very dodgy, knocked-off VHS tapes” or on TV early in the morning with commercial breaks.

“Better to have seen them that way than not at all,” he says.

Whitecross’ experience guides the ninth annual Tribeca Film Festival, which kicks off Wednesday amid concern that the volcanic ash disrupting air travel in Europe might ground some of the many European filmmakers who were planning to attend.

. In an effort to help films find audiences, movies won’t just be screening in downtown Manhattan.

A new distribution company, Tribeca Film, founded by the festival’s parent company, Tribeca Enterprises, will make a dozen movies — including Whitecross’ directorial debut “sex & drugs & rock & roll” — available on TV by way of video-on-demand in some 40 million homes. A “virtual festival” will also stream eight movies and 18 shorts online for viewers willing to shell out $45.

…ctd

A win-win for indy filmmakers and indy-loving audiences who can’t get to Manhattan (or can’t get a ticket.) Get the films on VOD and watch in your home theater. Now I’ve got to convince my little cableco to sign up!