{"id":25548,"date":"2024-04-02T11:36:03","date_gmt":"2024-04-02T15:36:03","guid":{"rendered":"https:\/\/newssprinters.com\/index.php\/entertainment\/the-peoples-joker-and-the-perils-of-playing-with-a-studios-copyright\/02\/04\/2024\/"},"modified":"2024-04-02T11:36:03","modified_gmt":"2024-04-02T15:36:03","slug":"the-peoples-joker-and-the-perils-of-playing-with-a-studios-copyright","status":"publish","type":"post","link":"https:\/\/newssprinters.com\/index.php\/entertainment\/the-peoples-joker-and-the-perils-of-playing-with-a-studios-copyright\/02\/04\/2024\/","title":{"rendered":"\u2018The People\u2019s Joker\u2019 and the Perils of Playing With a Studio\u2019s Copyright"},"content":{"rendered":"<p>\n<\/p>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Vera Drew never received a cease-and-desist letter. She would like to be very clear on that point.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Drew headed to the Toronto International Film Festival in 2022, newly acquired passport in hand, just a half-hour after finishing the final (or so she thought) cut of \u201c<a class=\"css-yywogo\" href=\"https:\/\/www.youtube.com\/watch?v=W9KlASSUq4M\" title=\"\" rel=\"noopener\" target=\"_blank\">The People\u2019s Joker<\/a>.\u201d The chaotic, crowdsourced movie reframed Batman\u2019s best-known nemesis as a trans coming-of-age tale, and represented<strong class=\"css-8qgvsz ebyp5n10\"> <\/strong>a natural evolution for Drew, a Los Angeles-based television editor and writer for alt-comedy fixtures like Megan Amram, Tim &amp; Eric and Sacha Baron Cohen.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cThe People\u2019s Joker,\u201d which Drew starred in as well as directed and co-wrote, was one of 10 titles slated for the eminent festival\u2019s Midnight Madness section alongside the likes of \u201cThe Blackening\u201d and \u201cWeird: The Al Yankovic Story.\u201d Each film receives a splashy midnight premiere along with a handful of daytime screenings, most of them for press and potential distributors.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Unless, that is, a filmmaker receives a letter from Warner Bros. Discovery the day before. A letter that is <em class=\"css-2fg4z9 e1gzwzxm0\">not<\/em> a cease-and-desist but that <em class=\"css-2fg4z9 e1gzwzxm0\">does<\/em> convey the disapproval of a multimedia conglomerate with the rights to the film\u2019s characters \u2014 and a huge legal team.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cThis letter was actually kind of complimentary, but it expressed their concern that the film infringed on their brand,\u201d Drew said. \u201cI was devastated. I was like, \u2018No, I got a passport for this! We hired lawyers!\u2019\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">A handful of lawyers had, in fact, advised Drew pro bono as she wrote the script with Bri LeRose. But after Peter Kuplowsky, the Midnight Madness programmer, fell in love with the film (\u201cIt was punk and exciting and transgressive and sort of inspiring\u201d) and lobbied hard to include it in the festival, he did set one condition. \u201cWe wanted her to have a legal team vet her project,\u201d he said, at which point Drew retained the law firm Donaldson Callif Perez.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">A series of negotiations \u2014 almost literally 11th-hour negotiations, in light of the scheduled start time \u2014 between the festival staff and Warner Bros. Canada resulted in a compromise: The show could go on. Once. At midnight. After that, the first \u201cPeople\u2019s Joker\u201d TIFF screening would also be the last one. (A Warner Bros. Discovery spokeswoman declined to comment for this article.)<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">On one level, the scuttled screenings were a blessing to Drew. \u201cHonestly, the press screenings were freaking me out a bit,\u201d she said. \u201cWe had a whole festival run planned after that, but I came back and really needed to hit pause and strategize.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Thus began several months of silence until the film tentatively started poking its head up for a handful of \u201csecret screenings,\u201d then film festivals, buoyed by a #FreeThePeoplesJoker campaign on social media. This skittish limbo will finally come to an end on April 5, a full year and a half after the film\u2019s Toronto unveiling, when the queer-centric distributor Altered Innocence will release \u201cThe People\u2019s Joker.\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Frank Jaffe, the owner of Altered Innocence, said he received his own copy of the same not-a-cease-and-desist letter shortly after announcing his company had acquired the film. \u201cI just think they wanted more information,\u201d he said. \u201cThey wanted to know the scope of the release.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">That scope is currently at 76 theaters and counting. \u201cThere are a lot of queer people in a lot of small communities,\u201d Jaffe said, \u201cand we want to reach as many of them as we can.\u201d He said the company\u2019s small size \u2014 he is its sole full-time employee \u2014 makes it fairly nimble in terms of scaling up. Or, if Warner Bros. Discovery decides to get involved, scaling way down.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">As it stands now, though, audiences outside the film-festival circuit are about to get their first look at a brash, kaleidoscopic riff on the Batman legend that incorporates images and plot lines from seemingly every version of Bruce Wayne and Arthur Fleck, a.k.a. Batman and the Joker.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The most obvious inspiration is <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2019\/10\/03\/movies\/joker-review.html\" title=\"\" target=\"_blank\" rel=\"noopener nofollow\">\u201cJoker,\u201d Todd Phillips\u2019s 2019 gritty reboot<\/a> of the character. Drew originally planned to use some of her Covid-necessitated down time from her alt-comedy day jobs \u2014 \u201cPeople weren\u2019t really paying me to add fart sounds to their shows at that point\u201d \u2014 re-editing the 2019 film for her own enjoyment.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Along the way, though, she identified various similarities between the Batman story and her own emergence as a trans woman in the often-regressive world of comedy. And other iterations of the Caped Crusader became equally strong lodestars.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cI really love the <a class=\"css-yywogo\" href=\"https:\/\/www.indiewire.com\/features\/general\/batman-and-robin-nipple-suit-joel-schumacher-1234732204\/\" title=\"\" rel=\"noopener\" target=\"_blank\">Joel Schumacher Batmans<\/a>,\u201d Drew said, referring to the often-derided 1990s sequels that added nipples to the costumes worn by both Val Kilmer and George Clooney. \u201cThey feel like really big, gay, expensive comic-book movies. Queer-coded villains are pretty much my favorite trope, and Joker has always been a really queer character to me.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">And while she said she appreciated what she called \u201csome of the anarcho-leftist messages\u201d in \u201cJoker,\u201d Drew saw the value of questioning the current comic-book monoculture on a more fundamental level.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cI never thought of it as \u2018Now it\u2019s the girls\u2019 turn!\u2019\u201d she said of her own effort. \u201cIt speaks more to how we have to hear all the time that these films are our modern myths. I think a lot of that is Marvel propaganda.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The Joker may be the purview of DC Comics, not Marvel, but the fear of running afoul of copyright laws was no less of a concern.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cI kept myself very informed legally in terms of what qualifies as a parody and what fair use really is,\u201d said Drew, referring to the legal doctrine that allows artists to use copyrighted material without permission or consequence depending on the circumstances. The \u201cPeople\u2019s Joker\u201d poster calls it \u201cA Fair Use Film by Vera Drew.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Rebecca Tushnet, a professor at Harvard Law School and an expert in fair use, said artistic works find themselves on safer legal ground when they comment on the original material in a transformative way.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cFavored use is critical in that it performs an interpretation,\u201d said Tushnet, who has not seen the film but was willing to discuss it in the abstract. \u201cA parody is the classic example, but it doesn\u2019t have to be funny. If the metaphor that the Joker represents here is a different metaphor, then it might well fall under the category of transformative fair use.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cTransformative\u201d is an understatement for what Drew and her crew \u2014 more than 100 artists collaborated with her virtually during the pandemic, the majority of them trans and\/or queer \u2014 have done with and to the Batman universe, creating new stop-motion and 2D-animated sequences as well as computer-generated imagery. Drew maintains that they were hardly flying under the radar.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">\u201cI kind of assumed it was fine because I hadn\u2019t heard from Warner Bros. the entire time I was making it,\u201d Drew said. \u201cI worked at Adult Swim for a number of years, which is owned by Warner Bros. After every meeting, I would say, \u2018Hey, just so you know, I\u2019m working on a Joker parody!\u2019 And everyone was always like, \u2018That sounds awesome!\u2019\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Even after Drew felt confident that the bulk of \u201cThe People\u2019s Joker\u201d was legally in the clear, one aspect remained worrisome after Altered Innocence acquired the film: its soundtrack, for which Drew had commissioned cover songs and parodies of \u201cBatman\u201d-themed music by the likes of Prince and Seal.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Securing clearances for these versions, however, was another story. \u201cWe had a budget, but every music publisher was concerned about not wanting to rock the Warner Bros. boat,\u201d Drew said.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Justin Krol and Quinn Scharber had composed large chunks of the film\u2019s score already, with what Krol described as \u201cnods to different Batman eras.\u201d Drew called them back to steer those spot-on musical cues a little further from the spot.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cInstead of doing a sound-alike,\u201d Krol said of the new material, \u201cwe came in from the perspective that we were doing an extension of that world.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Not even these last-minute soundtrack tweaks were enough to avoid the attention of the keepers of the Batman kingdom. \u201cI felt just the way Vera felt,\u201d Jaffe, the Altered Innocence owner, said of hearing from Warner Bros. Discovery himself. \u201cIt is very intimidating to get a letter from a company with a ton of lawyers.<em class=\"css-2fg4z9 e1gzwzxm0\">\u201d<\/em><\/p>\n<p class=\"css-at9mc1 evys1bk0\">Jaffe said he was also mindful of not antagonizing the company when its own \u201cJoker\u201d follow-up, \u201cJoker: Folie \u00e0 Deux,\u201d was set for an October release.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cObviously, if \u2018Joker 2\u2019 was coming out in April, we probably wouldn\u2019t want to put ours out in April,\u201d he said. \u201cWe didn\u2019t want to be aggressive. Everybody should have space to play.\u201d<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Drew also wanted to see some space between the two \u201cJoker\u201d openings, if only to avoid any confusion. And she said she was sympathetic to Warner Bros. Discovery and other corporate megaliths.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cI understand why media conglomerates want to protect their brand,\u201d she said. \u201cThey\u2019re probably never going to give us their stamp of approval, and I don\u2019t blame them. But at every festival screening, it seemed like some lawyer came up to me and said, \u2018Yeah, I think this is fine.\u2019\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><a href=\"https:\/\/www.nytimes.com\/2024\/04\/01\/movies\/peoples-joker-warner-bros.html\" target=\"_blank\" rel=\"noopener nofollow\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Vera Drew never received a cease-and-desist letter. She would like to be very clear on that point. Drew headed to the Toronto<br \/><button class=\"read-more\"><a href=\"https:\/\/newssprinters.com\/index.php\/entertainment\/the-peoples-joker-and-the-perils-of-playing-with-a-studios-copyright\/02\/04\/2024\/\">Read More &rsaquo;<\/a><\/button><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[9],"tags":[],"fifu_video_url":"https:\/\/www.youtube.com\/watch?v=W9KlASSUq4M","_links":{"self":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/posts\/25548"}],"collection":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/comments?post=25548"}],"version-history":[{"count":0,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/posts\/25548\/revisions"}],"wp:attachment":[{"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/media?parent=25548"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/categories?post=25548"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newssprinters.com\/index.php\/wp-json\/wp\/v2\/tags?post=25548"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}