This is an open letter to Miramax from Kung Fu Cult Cinema that has been prompted by events this week concerning a Cease and Desist letter that Miramax sent to Kung Fu Cinema for the reason posting a link to where the original version of Hero could be bought online.

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Having released more than twenty Asian movies in North America so far with more than thirty waiting for release, including “Shaolin Soccer” (2001) and “Hero” (2002) Miramax Films is well known within the community of Asian film enthusiasts. Unfortunately, not for good deeds, so far none of their releases have featured an original uncut version with the original audio sound (with the exception of 2 releases). Instead of trying to hit a particular market it is obvious that their marketing tactic has been to release a movie for the wide audience, but unfortunately none of the movies ever had the anticipated success and most releases are now gone and forgotten from the minds of the people, unlike the original version which is still in the hearts of movie fans. The way things are progressing fewer and fewer people are pleased with how Miramax is handling their Asian movie properties.

While Miramax is deliberately spitting on the fans of the Asian movie genre, other companies such as Sony Pictures (“Crouching Tiger, Hidden Dragon”), DreamWorks (“Ring”), Media Blasters (“Ichi The Killer,” “Versus”), Pioneer (“Onmyoji”), and Ventura (“Audition”) are all releasing Asian movies in their uncut form with original audio and English subtitles. Why is Miramax not able to stand behind the products they buy? Are they really proud of their acquisitions? Do they think the North American public is too ignorant to understand international cinema? If anything, this is an insult against moviegoers in general as Miramax is saying by their actions that the general public is incapable of appreciating international cinema in its original form.

Miramax has pushed back several times already the release date of one of the most popular Asian movie of all time, “Shaolin Soccer,” which is now one of the most downloaded movies on the Internet (Wired.com). “Hero” (Zhang Yimou, 2002) so far is not being handled any better, as Miramax failed to capitalize on the film Oscar nomination.

All these facts have generated a lot of anger among Asian movie fans, which has led to the creation of the Appeal to Miramax Web Alliance. This organization has petitioned Disney to cease the acts of altering Asian films that they distribute. However, unfortunately the creation of this alliance never really affected Miramax who is still continuing their desecration of an art form to meet their vision of what this art form should be.

What the fans have always been asking is simple: Miramax, if you ever want to re-edit a movie, please make the original version also available for the fans. Release two different versions and let the people choose which version they want to see and let them judge which version is better. After all, North America is a democracy the last we’ve heard where people are free to choose rather than have things imposed on them by others. The DVD format also gives many possibilities for the customers. Other DVD distributors have already released cut and uncut versions of multiple movies and let the customer choose which one they prefer to buy. Since that message has never reached the ears of the leaders of Miramax, the fans’ only choice has been to turn to overseas DVD sellers to get the unaltered version of movies released by Miramax.

Miramax has already stopped North American-based DVD sellers on the Internet, including eBay, from selling the import versions (uncut with subtitles) of the movies they own the rights to, which is its prerogative. However, now the only opportunity for fans of Asian cinema to buy these movies in their original form is now being threatened.

Miramax struck a blow to fans at the beginning of this week by sending a cease and desist notice to Asian and martial arts film site Kung Fu Cinema. They accused the site of “selling, distributing, and/or otherwise exploiting copies of the film ‘Hero’ on DVD and/or VHS” and ordered them to stop referring readers to retailers outside of North America who sell legally manufactured import versions of the movies that Miramax has distribution rights to.

Miramax doesn’t have the power to affect these stores since they are located overseas. To bypass the problem they have decided to hit the information resource web sites that North American fans use to share and learn news about Asian cinema. These sites, which actually promote Asian films in advance of North American releases, do not sell imports and in Kung Fu Cinema’s case, have ceased to earn commissions from overseas affiliates once it was made clear that this was a violation of Miramax’s copyrights. Yet Miramax doesn’t want these sites to post any links to select product pages on overseas sites. This is really going too far; this is clearly an abuse of the legal system by Miramax. As mentioned in the Copyright and DMCA information it is not illegal to hyperlink to another Internet resource, but from the Miramax point of view, apparently linking to sites that do sell imports is a violation and an accessory to crime.

According to a legal representative of Miramax Films who spoke with Kung Fu Cinema’s owner Mark Pollard, the company also claims that individuals caught importing a film into the U.S. that is owned by Miramax could face legal action. These DVDs are legal in their respective country and it is not illegal to import no more than one copy for private use only (Legal Information Institute, Section 602). Besides, only a relatively small number of collectors and real fans buy overseas movies. How can these few overseas purchases affect Miramax’s overall sales? What is going to be their next plan, bringing to court the collectors who own original Import Asian movies in their personal collection? Quentin Tarantino (director of “Kill Bill,” distributed by Miramax) is a big fan of Asian movies and probably owns one of the biggest personal collections of import movies in North America. Is Miramax going to sue him?

The actions of Miramax are counter-productive and will likely motivate movie piracy which is becoming an increasing problem that is hurting the movie industry in general. Miramax really should put these wasted and negative efforts into something more constructive, such as improving their movie releases and trying to fight bootlegs and movie downloads, which hurt the movie industry much more than buying legit official import movies overseas.

This situation needs to cease as soon as possible, as we believe that Miramax is stepping all over the rights of the people. In the end Miramax simply ends up looking bad, frightening and shocking the Asian fans community. What we suggest to Miramax, instead of trying to rule the people by force, why don’t they simply release the movies in their uncut form just like other North American distributors, this way people won’t have to Import the overseas version and everyone will be in a win-win situation. Fans will get what they want and Miramax will have money and also support from the Asian fan community.

Kung Fu Cult Cinema


Link info:
http://www.kungfucinema.com/news/2003-12-08-01.htm
http://www4.law.cornell.edu/uscode/17/602.notes.html
http://chillingeffects.org/linking/faq.cgi

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