Posts by Edward Champion

Edward Champion is the Managing Editor of Reluctant Habits.

NYFF: Broken Embraces (2009)

[This is the second in a series of posts relating to the 2009 New York Film Festival.]

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There once was a time in which I flocked to a new Pedro Almodovar film with a mad and unstoppable gusto, wondering just what iconoclastic ideas Almodovar would unleash upon the screen. You never knew if you were going to get an extended rape scene brazenly challenging gender assumptions (the notorious sequence in Kika) or Antonio Banderas confronting some dormant and out-of-left-field sexual feelings (well, just about every Banderas-Almodovar road show). But then came All About My Mother, a perfectly respectable film that softened Almodovar and revealed that there was a pedestrian melodramatic filmmaker underneath the madness. Almodovar, like many filmmakers in their fifties, lost his bite. And all he had left was the lachrymose material.

And it is my sad duty to report that Broken Embraces represents more of the same. Broken Embraces may offer a film within a film (Girls with Suitcases) that bears suspicious similarity to Almodovar’s Women on the Verge of a Nervous Breakdown. Girls with Suitcases is intended to be Mateo’s masterpiece, maligned by other hands. But when we actually see the footage, even the good takes that Mateo approves of aren’t particularly funny. And Almodovar falls into the all-too-common artistic trap of having other characters comment upon how brilliant and side-splitting an alleged comic masterpiece is, without injecting hilarity into the material itself. “Films have to be finished,” remarks a character at Broken Embraces‘s close. And it’s something you do blindly. But is Almodovar really all that blind?

Here’s a filmmaker fond of staging dialogue scenes by dollying the camera from character to character, instead of panning. Here’s a filmmaker fond of split diopters. Here’s a filmmaker who gets winning performances from his two leads. Here’s a filmmaker who can make a half-decent film in his sleep. So why does Broken Embraces feel like Almodovar settling for something less? Even a moment featuring a DJ doing drugs, with the obligatory MDMA reference, feels as if it’s been directed by a guy who hasn’t set foot in a club in at least a decade.

Almodovar certainly tries to inject his contrived story with a few interesting elements. He gives us filmmaker Mateo Blanco (winningly played by Lluís Homar), blinded by an automobile accident and denied his visual strengths. He also gives us a lip reader hired by a wealthy businessman named Ernesto Martel to make sense of secretly videotaped video. There’s the hint here of a broader moral dilemma concerning the relationship between sensory limitation and media saturation. Is Mateo really blind? When a mysterious stranger knocks on Mateo’s door, Mateo looks through the door’s eyehole. And we’re left to wonder whether Mateo is playing a role, just as the actors he once cast in his films played a role. (In the case of Penelope Cruz’s Lena, it’s an Audrey Hepburn wig.) We believe initially that the film itself may be using melodramatic elements to uproot our expectations. Unfortunately, Almodovar doesn’t quite follow through. It turns out that Mateo really is blind. And the roots of his blindness, both literally and metaphorically, are pounded home with all the subtlety of a jackhammer filling in for a clock radio at an early morning hour. Secret lovers? Check. Cliched fuck bunnies? Check. Animalistic sex scenes? Check, but the feral nature of these scenes just doesn’t ring true. Almodovar’s promising subtext subsides for an easy-to-guess storyline that is all about his father figure.

Almodovar’s strengths have worked best when there’s a natural edge and energy laced within his narrative. It’s not so much the story elements that have mattered, but the way in which Almodovar’s characters disclose wholly unexpected personality qualities at moments we can’t possibly predict. For Broken Embraces‘s first 30 minutes, Almodovar comes close to these instincts. He has Mateo (now in the self-made role of Harry Caine, a screenwriter who pretends to be a former adventurer) bed an attractive woman who has helped him cross the street. The camera dollies along the edge of a couch, eventually focusing on this woman’s raised foot and painted toenails, which fall beneath this line of demarcation upon seismic satisfaction. It’s a typical Almodovar moment: fun, perverted, and wildly improbable. One detects the indelible fingerprint of a younger and hungrier Almodovar. But this regrettably subsides to a pre-Internet flashback to the early 1990s, where Mateo falls in love with Lena, who is Ernesto’s mistress and the father of Ernesto, Jr., known in the present day as Ray X. Get it?

I was complaining on Twitter this morning about the needlessly bleak programming in this year’s New York Film Festival. I’m certainly not against depressing films, but the human spectrum also includes hope and felicity. But Broken Embraces‘s “comedy” feels stale and septuagenarian. And if Broken Embraces is the “comedy” to balance out all the heavy and esoteric dramas, then I suspect that this year’s programmers are probably humorless and terrified of letting anyone know that they enjoy ice cream. I don’t think it’s Hoberman’s fault. And for all I know, the insufferably smug Scott Foundas might even have a few decent jokes in him. But Broken Embraces isn’t comedy in the way that great films are comedy. It feels more like a Golden Girls rerun, which is strange given Penelope Cruz’s presence. It’s something you tolerate because nothing else is on. But you know deep down that Almodovar can deliver more. Let us hope he doesn’t calcify like Woody Allen.

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On October 7, 2009, the New York Film Festival held a press conference with writer/director Pedro Almodovar and star Penelope Cruz. To listen to the press conference, as recorded and mastered by Edward Champion, click on the podcast below. Almodovar answered questions in both English and Spanish, with English translation provided by Richard Peña.

Press Conference: Pedro Almodovar & Pedro Cruz — October 7, 2009 (Download MP3)

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NYFF: The White Ribbon (2009)

[This is the first in a series of posts relating to the 2009 New York Film Festival.]

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(This post will be updated. Review of The White Ribbon TK.)

On October 7, 2009, the New York Film Festival held a press conference with writer/director Michael Haneke. To listen to the press conference, as recorded and mastered by Edward Champion, click on the podcast below. Haneke answered questions in German, with English translation by Robert Gray.

Press Conference; Michael Haneke — October 7, 2009 (Download MP3)

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Interview with the FTC’s Richard Cleland

This morning, the Federal Trade Commission announced that its Guides Concerning the Use of Endorsements and Testimonials would be revised in relation to bloggers. The new guidelines (PDF) specified that bloggers making any representation of a product must disclose the material connections they (the presumed endorsers) share with the advertisers. What this means is that, under the new guidelines, a blogger’s positive review of a product may qualify as an “endorsement” and that keeping a product after a review may qualify as “compensation.”

These guidelines, which will be effective as of December 1, 2009, require all bloggers to disclose any tangible connections. But as someone who reviews books for both print and online, I was struck by the inherent double standard. And I wasn’t the only one. As Michael Cader remarked in this morning’s Publishers Marketplace:

The main point of essence for book publishers (and book bloggers) is the determination that “bloggers may be subject to different disclosure requirements than reviewers in traditional media.” They state that “if a blogger’s statement on his personal blog or elsewhere (e.g., the site of an online retailer of electronic products) qualifies as an ‘endorsement,'” due to either a relationship with the “advertiser” or the receipt of free merchandise in the seeking of a review, that connection must be disclosed.

ftcIn an attempt to better understand the what and the why of the FTC’s position, I contacted Richard Cleland of the Bureau of Consumer Protection by telephone, who was kind enough to devote thirty minutes of his time in a civil but heated conversation. (At one point, when I tried to get him to explicate further on the double standard, he declared, “You’re obviously astute enough to understand what I mean.”)

Cleland informed me that the FTC’s main criteria is the degree of relationship between the advertiser and the blogger.

“The primary situation is where there’s a link to the sponsoring seller and the blogger,” said Cleland. And if a blogger repeatedly reviewed similar products (say, books or smartphones), then the FTC would raise an eyebrow if the blogger either held onto the product or there was any link to an advertisement.

What was the best way to dispense with products (including books)?

“You can return it,” said Cleland. “You review it and return it. I’m not sure that type of situation would be compensation.”

If, however, you held onto the unit, then Cleland insisted that it could serve as “compensation.” You could after all sell the product on the streets.

But what about a situation like a film blogger going to a press screening? Or a theater blogger seeing a preview? After all, the blogger doesn’t actually hold onto a material good.

“The movie is not retainable,” answered Cleland. “Obviously it’s of some value. But I guess that my only answer is the extent that it is viewed as compensation as an individual who got to see a movie.”

But what’s the difference between an individual employed at a newspaper assigned to cover a beat and an individual blogger covering a beat of her own volition?

“We are distinguishing between who receives the compensation and who does the review,” said Cleland. “In the case where the newspaper receives the book and it allows the reviewer to review it, it’s still the property of the newspaper. Most of the newspapers have very strict rules about that and on what happens to those products.”

In the case of books, Cleland saw no problem with a blogger receiving a book, provided there wasn’t a linked advertisement to buy the book and that the blogger did not keep the book after he had finished reviewing it. Keeping the book would, from Cleland’s standpoint, count as “compensation” and require a disclosure.

But couldn’t the same thing be said of a newspaper critic?

Cleland insisted that when a publisher sends a book to a blogger, there is the expectation of a good review. I informed him that this was not always the case and observed that some bloggers often receive 20 to 50 books a week. In such cases, the publisher hopes for a review, good or bad. Cleland didn’t see it that way.

“If a blogger received enough books,” said Cleland, “he could open up a used bookstore.”

Cleland said that a disclosure was necessary when it came to an individual blogger, particularly one who is laboring for free. A paid reviewer was in the clear because money was transferred from an institution to the reviewer, and the reviewer was obligated to dispense with the product. I wondered if Cleland was aware of how many paid reviewers held onto their swag.

“I expect that when I read my local newspaper, I may expect that the reviewer got paid,” said Cleland. “His job is to be paid to do reviews. Your economic model is the advertising on the side.”

From Cleland’s standpoint, because the reviewer is an individual, the product becomes “compensation.”

“If there’s an expectation that you’re going to write a positive review,” said Cleland, “then there should be a disclosure.”

But why shouldn’t a newspaper have to disclose about the many free books that it receives? According to Cleland, it was because a newspaper, as an institution, retains the ownership of a book. The newspaper then decides to assign the book to somebody on staff and therefore maintains the “ownership” of the book until the reviewer dispenses with it.

I presented many hypothetical scenarios in an effort to determine where Cleland stood. He didn’t see any particular problem with a book review appearing on a blog, but only if there wasn’t a corresponding Amazon Affiliates link or an advertisement for the book.

In cases where a publisher is advertising one book and the blogger is reviewing another book by the same publisher, Cleland replied, “I don’t know. I would reserve judgment on that. My initial reaction to it is that it doesn’t seem like a relationship.”

Wasn’t there a significant difference between a publisher sending a book for review and a publisher sending a book with a $50 check attached to it? Not according to Cleland. A book falls under “compensation” if it comes associated with an Amazon link or there is an advertisement for the book, or if the reviewer holds onto the book.

“You simply don’t agree, which is your right,” responded Cleland.

Disagreement was one thing. But if I failed to disclose, would I be fined by the FTC? Not exactly.

Cleland did concede that the FTC was still in the process of working out the kinks as it began to implement the guidelines.

“These are very complex situations that are going to have to looked at on a case-by-case basis to determine whether or not there is a sufficient nexus, a sufficient compensation between the seller and the blogger, and so what we have done is to provide some guidance in this area. And some examples in this area where there’s an endorsement.”

Cleland elaborated: “I think that as we get more specific examples, ultimately we hope to put out some business guidance on specific examples. From an enforcement standpoint, there are hundreds of thousands of bloggers. Our goal is to the extent that we can educate on these issues. Looking at individual bloggers is not going to be an effective enforcement model.”

Cleland indicated that he would be looking primarily at the advertisers to determine how the relationships exist.

[UPDATE: One unanswered concern that has emerged in the reactions to this interview is the degree of disclosure that the FTC would require with these guidelines. Would the FTC be happy with a blanket policy or would it require a separate disclosure for each individual post? I must stress again that Cleland informed me that enforcement wouldn’t make sense if individual bloggers were targeted. The FTC intends to direct its energies to advertisers. Nevertheless, I’ve emailed Cleland to determine precisely where he stands on disclosure. And when I hear back from him, I will update this post accordingly.]

[UPDATE 2: Cleland hasn’t returned my email. But his response in this article in relation to Twitter (“There are ways to abbreviate a disclosure that fit within 140 characters”) suggest that bloggers will be required to disclose per post/tweet.]

[UPDATE 3: A commenter has suggested: Why not return or forward all the review copies that you receive directly to Mr. Cleland?]

[UPDATE 4: In an October 8, 2009 interview with Fast Company, Cleland has backpedaled somewhat, claiming that the $11,000 fine is not true and indicating that the FTC will be “focusing on the advertisers.” The problem is that page 61 of the proposed guidelines clearly states, “Endorsers also may be liable for statements made in the course of their endorsements.” And endorsers, as we have established in this interview, include bloggers. However, Cleland is right to point out that the guidelines do not point to a specific liability figure and that it would take a blogger openly defying a Cease & Desist Order to enact penalties. The Associated Press was the first to report the $11,000 fine per violation. Did somebody at the AP misreport the penalty information? Or was it misinterpreted?

Some investigation into FTC precedents would suggest that the AP reported these concerns correctly. Here are some precedents for the up to $11,000 fine per violation: non-compliance of wedding gown label disclosure, non-compliance of contact lens sellers, and an update to the federal register. On Monday, the FTC precedents establish heavy penalties for non-compliance, the the guidelines themselves specify penalties as endorsers, and Cleland insists that bloggers who review products are “endorsers.” On Wednesday, Cleland now claims that bloggers won’t be hit by penalties. The FTC needs to be extremely specific about this on paper, if it expects to allay these concerns. (Thanks to Sarah Weinman for reporting assistance on this update.)]

Bat Segundo Hiatus

I spent two weeks reading close to 2,000 pages of an author’s work. I wanted to give this author the respect that his work deserved. But this author threw a temper tantrum. The author first suggested that I was talking too loud. (When I played back the audio to my girlfriend, she strained to hear my voice.) Then the author asked me to offer questions pertaining to the “theme” in the book that weren’t “specific.” So I did. But this author couldn’t answer. Didn’t have the chops. And it saddened me to hear the lifelessness in this author’s voice. I then said, “You know, I don’t think this interview is working out,” with the idea of trying to determine what the hell was going on. The author then stormed off and said, “Thank you.”

The hell of it was that The Bat Segundo show has always been a place where people can be who they are. But this author was too terrified of having his work taken seriously, of being who he really is. And that’s the saddest thing of all.

So that’s two weeks of work that I could have given to several other authors. Two weeks of work that I could have spent writing. Two weeks of work that was wasted on this author. It did not help that all this occurred shortly after I lost a part-time job that I needed to stay alive.

There comes a point when priorities reshuffle.

So I’ve decided to cancel the majority of my interviews (I have three more still on the schedule) and take a hiatus of indeterminate length from The Bat Segundo Show. Probably for the rest of the year. Maybe longer. I don’t know. I apologize to all the authors I’ve had to bail on. (I have maintained my interview appointments for the most recent three authors.) I really wanted to talk with all of them. But this author’s unprofessional behavior really did a number on me. And I’m not in the mood to read much right now. Not unless someone’s going to pay me for it.

I will probably put up one or two shows that are in my backlog in the meantime. But I’ve always maintained that if what I do isn’t fun, then I have no interest in doing it. And right now, The Bat Segundo Show, which should be fun, isn’t.