Yesterday, June 26, marks the 20th anniversary of the publication of “Harry Potter and the Philosopher’s Stone,” which began the worldwide phenomenon that captured the attention of millions across the globe. In the 20 years since the first book was published, the Potter series is still culturally relevant, and has become especially notable in the past year since President Donald Trump rose to power.

J.K. Rowling, who authored the books, has taken a strong stance against Trump and what he represents; she can often be found on Twitter mocking the American president. Whether it’s about Trump’s responses to terrorist attacks or his ridiculous actions, Rowling is quick to criticize Trump, often delighting her youthful fan base. Here are just two examples of the millionaire’s social media commentary:

It’s called ‘leadership’, Donald. The terrorists were dead 8 minutes after police got the call. If we need an alarmist blowhard, we’ll call. https://t.co/NUiy9j4fBt

— J.K. Rowling (@jk_rowling) June 4, 2017

 

I wonder whether Trump talks to Trumpself in the third Trumperson when Trump’s alone. https://t.co/8CEzVTJjBq

— J.K. Rowling (@jk_rowling) May 3, 2017

Rowling’s presence on Twitter isn’t the only way Harry Potter fans are staying connected to the series as they resist the Trump Administration. Many fans have compared Trump to Voldemort, the antagonist of the series who comes to power and attempts to create a society of “pure blood wizards.” This Twitter user broke down her feelings on the similarities between the two:

I realized how similar Lord Voldemort and Donald Trump are so I wrote this… pic.twitter.com/UG33ZTUfYf

— Ashley C. (@ItsAshley_C) June 25, 2017

Others have turned to Hermione Granger, the main female protagonist, as a symbol of female power within the resistance. The reason Granger is so appealing to young girls, the Huffington Post argues, is that “here was a smart, hyper-competent, over-achieving woman facing down a cartoonishly unqualified man who spewed hatred at women, Muslims, immigrants, refugees, and disabled people.”

a nation of hermiones #WomensMarch pic.twitter.com/hvfDu3oL9m

— Paige (@paigeleighannne) January 22, 2017

Given that Emma Watson, who portrayed Granger in the movies, is a feminist symbol herself, the comparison becomes even more applicable. Watson, who graduated from Brown University in 2014, is an outspoken feminist and a UN Women Goodwill Ambassador.

While the comparisons offer children the opportunity to tangibly relate the real world to something they understand and love, some people are frustrated with the constant comparisons. One writer from The Federalist even argued that the comparisons “contribute to making our politics glib, emotion-driven, over-simplified, and posturing. At the same time, it takes beloved childhood stories and politicizes them in a way that narrows and diminishes their meaning.”

Others are simply tired of the constant references:

READ ANOTHER BOOK pic.twitter.com/SHcVKcTslG

— T. Becket Adams (@BecketAdams) January 31, 2017

The final book of the series was published back in 2007, but the series remains culturally relevant as a symbol of youth fighting for justice. Some people may be annoyed by the constant references to the series, but Rowling’s writing has clearly inspired a generation of readers to protest for what they believe in just as Harry, Hermione, and Ron Weasley did throughout the seven book series.

Josh Schmidt

Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Last week, we took a look at New York’s proposed “Textalyzer,” a new PTSD report, and a first date from hell. ICYMI, check out some Law Street’s most talked about stories below!

New York May Legalize “Textalyzer” to Bust Distracted Drivers

Most of you have probably done it. You hear a ding or feel that all too familiar faint  buzz, and tell yourself there’s no harm in taking a quick glance at the screen–I mean it could be important. But as harmless as a quick text from behind the wheel might seem, texting while driving can be incredibly dangerous. Looking to put a stop to the trend, New York lawmakers are considering legalizing technology that would help police bust distracted drivers.

Soldiers Discharged for Misconduct Often Suffer from PTSD, Other Disorders

As many as three-fifths of soldiers that are discharged for misconduct actually have post-traumatic stress disorder or other types of brain injuries, according to a new report from the Government Accountability Office. The report confirms a suspicion that has been talked about for a long time. “It is everything many of us believed for years,” said Iraq veteran Kristopher Goldsmith, who is an assistant director at Vietnam Veterans of America. “Now I hope Congress will direct the resources to making it right.”

Texas Man Sues His Date for $17 After She Texted During a Movie

A man from Texas was not happy with how his first date was going, and sued the woman he went out with–all because she was texting at the movies. Brandon Vezmar, 37, met his date online and invited her to go see the 3D version of “Guardians of the Galaxy, Vol. 2” in Austin. But she apparently wasn’t as excited as he was to see the new blockbuster.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Want to see the new “Beauty and the Beast” movie in Malaysia? Be our guest.

Disney’s live-action remake of the classic animated film won a small victory in the country recently, despite efforts from its censorship board to ban the film over the decision to depict one of the characters, LeFou, as a gay man. 

Malaysian censorship officials pushed to cut scenes suggesting that LeFou is gay, but Disney refused to edit it and the film’s postponed release date is now set for March 30 with a PG-13 rating.

Movies that feature gay characters can only be shown in Malaysia if the characters are portrayed negatively or renounce their sexuality. Malaysia is among a handful of countries, where homosexuality is either outlawed or condemned, that have tried to hinder the movie’s release.

In Russia, the film, which is rated PG in the U.S., has been restricted to viewers aged 16 and older. “Beauty and the Beast” was also pulled from cinemas in Kuwait, where an edited version might return to screens soon. Meanwhile, a group of churches in Singapore has issued a warning about the movie to parents.

The controversy can likely be traced back to the U.S., where, before the movie even came out, a drive-in owner in Alabama said he would refuse to show it because he opposed the inclusion of a gay character on religious grounds.

So what exactly happened in the film to spark such a global scandal? It turns out, the representation of a gay character may actually be overhyped. LeFou is a sidekick to the villain Gaston, and it is implied throughout the story that he has an unrequited crush on Gaston. One scene shows LeFou dancing with another male character for about three seconds, but he never explicitly reveals his sexuality.

If anything, the scene–which director Bill Condon described as an “exclusively gay moment”–deserves criticism for being too subtle, according to some LGBT advocates. Bustle’s Martha Sorren writes:

I can acknowledge that Condon has taken a (small) step forward with this scene, but I’m certainly not going to praise the director and cast for representing the gay community when they did so little to represent us.

Sorren adds that LeFou’s effeminate gestures reinforce stereotypes about gay men, and that his unreciprocated feelings for Gaston could cause “straight people–especially the young viewers who will undoubtedly see ‘Beauty and the Beast’–to think that their gay friends are going to develop creepy, obsessive crushes on them.”

Sorren’s concerns echo those about another beloved children’s tale that stars Emma Watson. In 2007, J.K. Rowling revealed that the character Albus Dumbledore from the Harry Potter series is gay, but critics were disappointed that she never made this clear in the books or movies, and questioned whether she was just tossing in a token gay character as an afterthought.

Though Disney has taken steps to expand racial diversity in its movies in recent years, members of the LGBT community hope to see the studio create more characters like them. Last spring, some fans of the movie “Frozen” started a campaign to give the main character, Elsa, a girlfriend in the sequel.

And then, of course, there’s this perspective:

imagine boycotting beauty & the beast because of a gay character while being totally cool with a teenage girl falling in love with a buffalo

— Tyler Oakley (@tyleroakley) March 5, 2017

It’s certainly not a Disney production without a happy ending. Disgruntled fans could not stop “Beauty and the Beast” from becoming a box office hit. In fact, boycotters who complain about too many women or people of color in Disney’s movies have never had much success before–just look at the attempts to bring down the company’s first “Star Wars” film, “The Force Awakens,” two years ago.

Victoria Sheridan

Victoria is an editorial intern at Law Street. She is a senior journalism major and French minor at George Washington University. She’s also an editor at GW’s student newspaper, The Hatchet. In her free time, she is either traveling or planning her next trip abroad. Contact Victoria at VSheridan@LawStreetMedia.com.

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Netflix is a behemoth in the entertainment world, beloved by its 75 million paying subscribers. During a recent presentation, Netflix CEO Reed Hastings announced that the service is now truly international, as Netflix’s streaming platform is available in over 200 countries, not including the ever-obstinate China. But it’s not all good news–during the same presentation, Hastings mentioned subscribers’ use of VPNs when streaming Netflix, adding that Netflix would soon begin blocking users from accessing Netflix through a VPN.

VPN stands for Virtual Private Network, and in order to understand what a VPN is, let’s take a look at its most common use: in business, a company might have an ‘intranet,’ which is a network that doesn’t connect to the outside world, but links together all of that company’s servers and computers. An employee working from home or abroad could use a VPN to connect to that private network, and browse through the files as if they were physically there.

Now picture that instead of accessing a business’s intranet, you’re connected to someone else’s internet. This would mean you can browse the web from the geographical point of view of another person. That’s where Netflix users see an opportunity: because much of Netflix’s expansive catalog is locked to specific regions, a user in the U.K. could ‘pretend’ to be in Tennessee, and catch up on a U.S. exclusive show.

Why does Netflix geo-block some of its content? And why do they care if users circumvent those blocks? Netflix gets distribution rights to its content through agreements with content owners. These agreements have limitations to make them affordable for Netflix, which might include limiting how long the content is available online, how many seasons or episodes of a show will be streamed, and where it is allowed to stream. A content owner might have an existing agreement to exclusive streaming rights with a service provider in the EU, and so they can only offer their show to Netflix for streaming in the U.S.

Netflix is now acting on its promise, and users worldwide are finding that their visits to Netflix are blocked if they have an active VPN. Many subscribers are angry because their Netflix selections are narrowed down to their country’s content, while the majority of subscribers who don’t use VPNs will experience no change.

It’s hard to blame Netflix for accommodating the requirements set by the content owners. This may be part of the reason Netflix has been accelerating production of Netflix Originals, which it retains full control of, and can stream worldwide without the permission of others. But there is also a reason that Netflix users feel entitled to a broader selection of content–physical boundaries for online content feels antiquated in an increasingly globalized world. It’s reminiscent of the irksome region-locked DVDs we used to struggle with. If I can Facetime a friend in Germany and show her a Youtube video over the air, how do region-locks on the world wide web make sense? We can hope that Netflix pressures content owners to be less restrictive when cutting deals, but until then, subscribers in the U.S. will have to go without streaming “22 Jump Street.”

Sean Simon

Sean Simon is an Editorial News Senior Fellow at Law Street, and a senior at The George Washington University, studying Communications and Psychology. In his spare time, he loves exploring D.C. restaurants, solving crossword puzzles, and watching sad foreign films. Contact Sean at SSimon@LawStreetMedia.com.

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We live in a world where fan communities–fandoms–are becoming increasingly popular. Fandoms fixate on a particular television show, band, movie, musical, anime, or other pop culture subject. Creation of content based on these fandoms has also become ubiquitous. People of all ages gather together on any number of fanfiction websites, ranging from social media sites that post stories and art, like Tumblr and Live Journal, to websites designed for fanfiction, like Fanfiction.net and Archive of Our Own. Some fandoms have even developed websites devoted entirely to fanfiction for a particular couple or desired couple, known to many as a “ship.”

When using characters and worlds created by other people, however, there are quite a few potential copyright issues. Fan creations have become so popular that some fandoms are even branching out and making money from their fanfiction and fan art roots. Yet getting the “rights” to your own work is a nightmare when you’ve used a couple from your favorite television show. Though some fandoms have successfully made the switch from unoriginal characters to new creations, many struggle with it.

Fanfiction and fan art are always going to be a part of fandom communities because they bring people together in a way so few things really can. These fandoms have created large communities all over the internet. “Harry Potter,” for instance, is still hugely popular in the fanfiction world, even though J. K. Rowling and Warner Brothers have successfully fought against fan creations.

What exactly are your rights when you take to your computer and write or draw that missing scene from “Once Upon a Time?”

The Official Word

According to a University of San Francisco law blog, fanfiction “can be considered a copyright violation under the Copyright Act of 1976, ” because the holder of the copyright has the right to distribute any derivative works based on an original creation. This often includes sequels, prequels, and art work.

One of the most famous cases of a fan-fiction author is that of J. D. California who penned a sequel to J. D. Salinger’s “Catcher in the Rye” and called it “60 Years Later: Coming through the Rye.” During this case, it was found that characters were granted copyright protection–in this case, Holden Caulfield, an iconic character in Salinger’s novel.

Many would argue that fair use may actually protect fan creations like artwork and stories from being copyright infringement, but many authors have still successfully fought that claim. Legal challenges tend to come more from book authors than movie or television show creators for pretty pragmatic reasons–fandoms often boost the number of viewers for television shows.

So why are so many publishers now actively looking for fan-fiction authors? In part because these stories are sometimes better or more successful than the canonical source material. One cannot ignore the success of recent fanfiction-based novels like “50 Shades of Grey.” Rebecca E. Hoffman for Bloomberg describes how “50 Shades” got around the fan-fiction ties:

But before they became ‘real’ books, they were a Twilight fan fiction series called ‘Master of the Universe.’ ‘MotU’ appeared on fanfiction.net and–with Twilight references removed and character names changed–was later published as three e-books by an Australian company that specializes in fan fiction publishing. Vintage Books, a subdivision of Random House, which ultimately published the Fifty Shades trilogy, maintains that the material is original and no longer based on ‘Twilight.’

According to a Washington Post interview with Jennifer Bersgtrom, Vice President and Publisher of Gallery Books, fanfiction is simply becoming a way to recruit talented authors. She stated, “fanfiction has absolutely become part of the fiber of what we publish. This is changing at a time when traditional publishing needs it most.”

Most fanfiction is safe if it doesn’t criticize or parody the works in question. Even so, the Internet and Intellectual Policy Clinic at the University of San Francisco points out that the only way a person would get in trouble is if the person who holds the copyright ever sees the work:

It is clear though that the law surrounding fanfiction is highly dependent on the copyright owner actually enforcing their rights and prosecuting offenders of their copyright. In cases such as J.K. Rowling in which she is choosing particular pieces of work to prosecute while letting other works that violate her copyright be published, the law clearly sides with her.

The Legal Dos and Don’ts of Fanfiction

The Don’ts

The biggest rule you need to know to avoid getting into copyright hot water is to determine who exactly owns what you are writing about. Some authors simply do not like fanfiction and are very open about that fact. Vulture says that “some authors–George R.R. Martin, Anne Rice, and Diana Gabaldon, author of the Outlander series, among them–protest [fanfiction’s] appropriation of their creations and ask fans to refrain from writing it.” They mostly target websites based on the stories, but have targeted large forums as well.

Some fanfiction creators also have some problems in that they don’t know where to draw the line. Typically there are concerns about RPF or Real Person Fanfiction. Celebrities like Chris Colfer of “Glee” and Taylor Swift have said that they find fanfiction and fan art uncomfortable, especially when it is explicit in nature. Swift has even gone so far as to get fan creations taken off of Etsy, though that may be more of a business decision.

Read More: Taylor Swift vs. Etsy Vendors: Singer Trademarks Song Phrases

It isn’t always easy, however, as every writer, designer, and artist has the right to make the choice for themselves where they want the line drawn and whether or not to take legal action. It is then up to the forum and fandom at large to enforce that line as they see fit, an important thing to remember when dealing with fanfiction and fan art.

Nonetheless, as Hugh Howey told Desert News National: “Just as there have been independent filmmakers [who] enrich the film industry, there are and will be independent authors who experiment and write groundbreaking works.”

The Dos

If you truly love a fictional couple, a storyline, or a show, you might still want to write fanfiction or create fan art, and there is truly nothing wrong with that. However, you should take note of a few rules to keep yourself out of the limelight and out of trouble.

1. Follow the rules of the online forum: Most forums that post fanfiction and/or fanart have been around for a long time for a reason: they know how to skirt the line. Look at the rules and FAQs of a website before you upload your latest “Shameless” story.
2. When in doubt, go for public domain: The Daily Beast points out that there is a lot of Jane Austen fanfiction. Why? Her works are all part of the public domain, meaning you can use the characters however you see fit. According to Teaching Copyright, public domain occurs “70 years after the death of author, or, for corporate works, anonymous works, or works for hire, 95 years from the date of publication or 120 years from the date of creation, whichever expires first.” If you are using something a little more modern, use a disclaimer, meaning make sure that you state clearly that you don’t “own” whatever you are writing about.
3. Take it down if you need to: Online musical theater troupe Team StarKid famously took down A Very Potter Musical when they feared that Warner Brothers would sue them. They re-posted the material after some severe edits and a disclaimer on the video–and then went on to make two more and were invited to the screening of the final movie. Most creators or agents will start with a mailing or a polite request, and you should probably grant it.

4. Don’t make money from it: This might seem like a no-brainer, but do not make money from your work if it’s based on someone else’s creations. Don’t sell your art or stories, do not get sponsors, and don’t use advertisements. You are saving yourself a load of potential headaches from the people who own the content.

Conclusion

In the end, the best thing to remember about fanfiction, fan art, and anything derived in any other universe is this: it is typically an infringement of the copyright holder. With that said, it is usually done with the best of intentions by fans and it often continues and strengthens the importance of the story being told.

When creating within a fandom, use your head to make decisions about what is appropriate and what isn’t appropriate and you likely won’t find yourself in trouble. It’s also important to note that if you are creative enough to take pre-existing characters and create new stories, you are probably creative enough to make your own original characters.

Resources

Primary

U.S. Copyright Office: Duration of Copyright

Additional

Bloomberg BNA: It’s Never Black or White: Is Fanfiction Fair Use?

Desert News National: With Fanfiction, is Publishing Following in Hollywood’s Unoriginal Footsteps?

Teaching Copyright:  Public Domain Frequently Asked Questions

Washington Post: From ‘Fifty Shades’ to ‘After’: Why publishers Want Fanfiction to Go Mainstream

University of San Francisco Law Blog: Fanfiction and Copyright Law

Vulture: Fanfiction Guide

CNN: Lawsuit Targets ‘Rip-Off’ of ‘Catcher in the Rye’

Daily Beast: Why Fanfiction is the Future of Publishing

Geeky News: Unauthorized Starkid Production Brings Wrath

The New York Times: Rowling Wins Lawsuit Against Potter Lexicon

Fox News: How Harry Potter Superfans Won a Battle for Fair-trade Chocolate

People: Fifty Shades of Grey and Nine More Examples of When Fanfiction Became Blockbusters

USA Today: Must-Read Fanfiction From ‘Doctor Who,’ ‘Star Trek,’ ‘Farscape’

Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

The post Re-Writing the Classics: What Are Your Fanfiction Rights? appeared first on Law Street.

The Paladin Group has filed a complaint with the California Labor Commission against the RSWG Literary Agency and its agent Geoffrey Sanford. Paladin claims that neither RSWG nor Sanford are licensed agents or attorneys under California law, and thus illegally took 20 percent commissions for licensing the late John Steinbeck’s literary works.

Before getting into the complaint, let me first walk you through what literary agents do to get a better idea why Paladin is suing RSWG.

What is a Literary Agent?

Literary agents are an author’s first step toward publication, and they are essential to the publishing process unless an author decides to self-publish. It’s extremely difficult to land one since hundreds of thousands of books are published each year. If an author obtains a literary agent, that person helps with the manuscript and/or proposal before pitching the book to acquiring editors. Auctions, or bidding wars, can occur if multiple editors want the book and believe it can be a best seller; however, most books get acquired by one editor who expresses interest.

The author then signs an author agreement with the editor’s publishing company, which states the author’s advance (i.e., how much the publisher is paying the author for his book before royalties), grants (usually) the author the copyright to his or her literary work, and gives the literary agent a 10-15 percent commission. The literary agent’s commission can be peanuts if a book’s advance is say, $10,000, which is an average debut novelist’s advance.  However, take Bill Clinton’s advance, which was reportedly more than $10 million. Who wouldn’t want 10-15 percent of that?  Thus, it is easy to see why agents are extremely picky about who they represent because best-selling authors can generate the agent millions of dollars.

What is a Co-Agent?

However, that isn’t the end of the road for an agent’s and author’s potential revenue. When a book publisher grants an author the copyright to his literary work, the author receives a bundle of exclusive rights (e.g., motion picture, television, audio book, e-book, large print, Braille, book club, abridgements, first serial, second serial, etc.) to do with what she pleases. Usually, the author’s agent hires a co-agent or sub-agent to license these rights, which are known as subsidiary rights in the book publishing industry, to third parties.

Sub-agents may specialize in licensing certain rights.  For example, a sub-agent may license rights of an author’s book, such as motion picture rights to help get a novel adapted as a feature film. More frequently, however, sub-agents try to sell an author’s book in countries around the world. You may have seen book covers with the words, “Published in 37 Countries.” You can thank sub-agents for that. Sub-agents generate commissions of 10 – 20 percent depending on the right that is licensed.

Enter Steinbeck

In Steinbeck’s case, Steinbeck’s literary agency is McIntosh and Otis, which is located in New York City.  McIntosh and Otis hired RSWG as a sub-agent, and RSWG negotiated motion picture rights for remakes of Steinbeck’s “Grapes of Wrath” and “East of Eden” and received 20 percent commissions for its services.

According to the Hollywood Reporter, the Paladin Group, created by Thomas Steinbeck who is Steinbeck’s only living son, argues that RSWG had no right to negotiate the motion picture rights for “Grapes of Wrath” and “East of Eden” without the Paladin Group’s consent.

Attorney William Briggs who spoke on RSWG’s behalf, however, argued that the heirs of the Scott family are the rightful owners of Steinbeck’s literary works, so the Paladin Group could not object to RSWG’s negotiations. In 1968, Steinbeck left the majority of his estate to his third wife, Edith Scott, who died in 2003, and left all of Steinbeck’s rights to her heirs.

Briggs also alleges that the Paladin Group misunderstands California law because there is no rule that RSWG must be licensed to sell rights of Steinbeck’s literary works.

Although I do not have access to the Paladin Group’s complaint, the company is rightly concerned about RSWG’s actions. The Paladin Group receives a portion of revenue for every license that is negotiated for Steinbeck’s works, so it is invested in who licenses that work. If RSWG is not properly licensed, the license agreements are null and void and the Paladin Group receives no money. However, even if RSWG is licensed, the Paladin Group may have been able to receive more money than what RSWG negotiated. The 20 percent commissions that RSWG received are likely a huge number, but given that Steinbeck is a Nobel Prize-winning novelist, the price for remaking motion picture rights for any of his works, let alone “Grapes of Wrath” and “East of Eden” — two of his most popular books — can be potentially millions more.

Hence the value of choosing a literary agent and sub-agent.

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

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Movies are supposed to be an escape–a medium of entertainment where the viewer can suspend their own reality and delve into another. However, recently complaints have arisen that movie executives have stretched audiences’ imaginations too far. Instead of problems with the content however, these critics take issue with the actors who are delivering the performances. The silver screen continues to be inundated with white, heterosexual, male actors despite the diverse population of the United States and the world. Read on for an analysis of the racist, sexist, and discriminatory tendencies of the modern entertainment industry.

Race

When 44 percent of movie tickets are purchased by non-white customers, it would be plausible to think the ethnicity of actors on screen would reflect the diversity of the viewers. That is simply not the case.

American movies have a history of being dominated by caucasian actors and actresses. As a study by University of Southern California discovered:

• Out of the 565 directors of the 500 top-grossing movies from 2007 to 2012, 33 of them were black–and only two were black women.
• In 2012, the speaking characters of the top 100 grossing films were 76.3 percent white, 10.8 percent black, 4.2 percent Hispanic, 5 percent Asian, and 2.6 percent other ethnicities or mixed race.
• Hispanic actors and actresses are the most underrepresented group on screen.
• From 2007-2012 the ratio of non-black directors to black directors was 16:1.

Halle Berry became the first African-American to win an Academy Award for Best Actress in 2002. During her acceptance speech she reflected on her achievement and what it will mean for other minority women. She opined, “this moment is so much bigger than men…it’s for ever nameless, faceless woman of color that now has a chance because this door tonight has been opened.”

However since this momentous achievement, every other recipient of the award has been white.

Unfortunately, that is not the only acting category lacking diversity. In 2001, Marcia Gay Harden and Benicio del Toro won Best Supporting Actress and Best Supporting Actor respectively, and there has not been a Latino, Asian, or Native American winner in any acting category since.

Juliet Lapidos of The New York Times pointedly stated,

“Hollywood’s great at congratulating itself for diversity; it’s just not great at actual diversity.”

Whitewashing

Although blackface is no longer deemed as acceptable, the entertainment industry continues to inaccurately depict minorities in films. In part this is done by whitewashing–casting white actors as characters in roles that were written for minorities.

There’s a very long history of white-washing in Hollywood–West Side Story, winner of 10 Academy Awards and one of the most beloved musicals of all time, is a famous example. Natalie Wood (who is of Russian decent) played the leading female character Maria, who is supposed to be Puerto Rican. Disney has also received some criticism for similar portrayals–Aladdin is a good example. The voice of the film’s protagonist is provided by Scott Weinger who, unlike the title character, is not of Arab decent.

More recently, Jake Gyllenhaal as Dastan in Prince of Persia, Ben Affleck as Tony Menendez in Argo, Rooney Mara as Tiger Lily in a new Peter Pan project, and rumors of Angelina Jolie being cast Cleopatra are all examples of roles being white-washed.

In addition to being offensive, white-washing diminishes roles–leading to non-Caucasian performers being cast as minor characters that serve to supplement a white lead.

Gender

Women make up slightly more than 50 percent of the population in the United States, yet they continue to be sidelined by the entertainment industry.

Some findings surrounding the inequalities are:

• Women in the top 100 films of 2012 only made up 28.4 percent of roles with speaking parts.
• In 2013, 30.2 percent of women were dressed in sexualized clothing compared to 9.7 percent of men.
• A recent study of films from the past six years showed that 29.5 percent women and 11.7 percent men were shown partially or fully nude.
• In 2013, 16 percent of films had a balanced cast; an increase from 2010 when it was just 4 percent.

The amount of women represented behind the camera faired even worse in 2013:

• Only 1.9 percent of directors were female
• Just 7.4 percent were women
• Women made up 19.6 percent of producers

While accepting her award for Best Actress during the 2014 Oscars, Cate Blanchett remarked:

For those of us in the industry who are still foolishly clinging to the idea that female films with women at the center are niche, they are not! Audiences want to see them and in fact they earn money. The world is round, people!

Actress Olivia Wilde is known for being a feminist and has spoken out multiple times about the quality of roles available to actresses in Hollywood. In the video below, she further explains the differences between roles normally crafted for male and female roles.

Bechdel Test

In 1985, Alison Bechdel created the cartoon Dykes to Watch Out For. From the comic strip the Bechdel test was created, which is a list of standards that determines gender bias in entertainment. Many feminists use it to analyze various forms of media.

The basic principal of the Bechdel Test it that the women depicted in Hollywood should not be clichés, but character who express genuine feelings about diverse areas of their lives.

The rules for the Bechdel Test are that the film:

1. Has at least two women
2. Who talk to each other
3. About something besides a man

Magazine editor Nikki Baughan offered insight as to the importance of the test:

The Bechdel test acts as a magnifying glass; by breaking down a film in these simple terms, it draws attention to the shocking gender disparity that exists in the majority of cinematic narratives.

LGBT

The lesbian, gay, bisexual, and transgender community is incredibly underrepresented–and oftentimes misrepresented–in Hollywood. When an LGBT actor or character is written into a movie, they often serve as a token member of the ensemble. Their purpose is to represent the stereotypical trait habitually accompanied with their identity in the media.  

Depiction of race in LGBT characters does not differentiate greatly from heterosexual characters. In a study conducted by GLAAD, it was found that the races of LGBT characters were 76 percent white, 12 percent black, 8 percent Asian, and 4 percent Latino.

Derived from the Bechdel Test, GLAAD created the Vito Russo Test to examine the presence of LGBT characters in movies.

In order for the film to pass the Vito Russo Test, these qualifications must be met:

• The film contains a character that is identifiably lesbian, gay, bisexual, and/or transgender.
• That character must not be solely or predominantly defined by their sexual orientation or gender identity.
• The LGBT character must be tied into the plot in such a way that their removal would have a significant effect.

Out of the films GLAAD assessed using the Vito Russo Test, less than half passed.

Rayon

Although hailed by mainstream critics, the recent movie Dallas Buyers Club received a combination of praise and condemnation from the LGBT community. The focus of criticism fell upon Jared Leto for his Oscar-winning portrayal of Rayon, a transgender woman.

Steve Friess of Time accused Leto of pandering to the transgender stereotype, stating, “she’s a sad-sack, clothes-obsessed, constantly flirting transgender drug addict prostitute…There are no stereotypes about transgender women that Leto’s concoction does not tap.”

Advocates were also dismayed that an actual transgender actor was not cast in the role. Since Rayon is a fictional character, the casting directors had a wide breath of opportunity and freedom in choosing an actor for the role, yet they chose not to include a transgender actor.

However, Mara Keisling, executive director at the National Center for Transgender Equality, had a contrasting view, saying, “to the film’s credit, I think it accurately showed what the life of this brave person [Rayon] must have been and how she was treated.”

In his Oscar acceptance speech, Leto took a moment to recognize the LGBT community, stating, “to those of you out there who have ever felt injustice because of who you are, or who you love, tonight I stand here in front of the world with you and for you.” Despite his accepting comments, reception to the portrayal remains mixed.

Oscars 2014

The 2014 Academy Awards appeared to be a step in the right direction. The year before, Cheryl Boone Isaacs became the first African American and third woman to ever be elected president of the Academy of Motion Picture Arts and Sciences. Not only did the Academy itself get a shake up, but the recipients of the awards did as well.

The movie “12 Years a Slave” won Best Picture, one of the most coveted awards. This was a significant victory, because before this film, a movie featuring a black leading man had not won Best Picture since 1967. Steve McQueen–the director, and co-producer–is the first director of African descent to have a movie win in the Best Picture category. The 2014 Best Director award went to Alfonso Cuaron, the first Mexican director to win the category.

Conclusion

In an industry that has such a drastic impact on our culture, it is disheartening to see Hollywood fail in diversity both in front of and behind the camera. Hopefully, future films will be created that cast individuals who accurately represent the audience viewing the films.

Resources

Primary

University of Southern California: Race/Ethnicity in 500 Popular Films: Is the Key to Diversifying Cinematic Content Held in the Hand of the Black Director? 

University of Southern California: Gender Inequality in Popular Films: Examining On Screen Portrayals and Behind-the-Scenes Employment Patterns in Motion Pictures Released between 2007-2013

Additional 

New Yorker: Lessons From Late Night

Mic: 6 Disney Films That Are Undeniably Racist and Sexist

The World Bank: Population, Female (% of Total)

Metro: The Bechdel Test and Why Hollywood is a Man’s, Man’s, Man’s World

GLAAD: 2014 Studio Responsibility Index

GLAAD: The Vito Russo Test

KPCC: Oscars 2014: 8 Ways They Made Diversity History

TIME: Don’t Applaud Jared Leto’s Transgender ‘Mammy’

IndieWire: 10 Trans Actors Who Could Have Played Jared Leto’s Role in ‘Dallas Buyers Club’

Huffington Post: Jared Leto’s Oscar Win For ‘Dallas Buyers Club’ Criticized by Transgender Community

Alex Hill

Alex Hill studied at Virginia Tech majoring in English and Political Science. A native of the Washington, D.C. area, she blames her incessant need to debate and write about politics on her proximity to the nation’s capital.

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The evil United States, a terrifying and corrupt country hell-bent on wreaking havoc on our world and threatening everything for which North Korea stands is on the offensive again. Our authorities recently uncovered a sinister, in-depth plot by an overweight Jewish comedy actor and his pretentious, marijuana-smoking sidekick. With a team of United States-based terrorist filmmakers, Seth Rogen and James Franco are maliciously plotting to create and release a comedy movie later this year telling of the fictional assassination of our fearless leader, Kim Jong-Un. We must take action immediately by threatening the entire country with bloody warfare, a threat on which we shall never take action! Doing so won’t make us seem too sensitive and prone to overreaction at all!

We must continue to perpetuate the stereotype that North Korea runs by shoving propaganda down the throats of its citizens. To maintain the enormous facade that our country is a complete utopia despite our detention camps and atrocious living situations, we must threaten the other countries who criticize us! No more will we stand idly by while world leaders and American actors insult us! Yes, it is time to take a stand and use our best weapon against these demons among humanity — our empty threats!

Rogen, Franco, and their companions in crime plan to release The Interview, a clearly fictional comical story about journalists assassinating our esteemed leader, this October. Not if we have anything to do with it! We shall release a public statement informing not just the United States but the entire world of our war plans that will never come to light.

Our fearless leader and I spent all morning concocting the perfect statement. We are pretty thrilled with it. We intend to tell the media that we will respond mercilessly and resolutely unless the United States bans the release of this film. We know that all of you are simply outraged by this provoking act on behalf of our enemy country, and that if you are not, you will at least pretend to be to avoid punishment. We have not actually seen a trailer for the film, but know with our mystical powers that it will be offensive. We just know it. The ring-leader of this operation, Seth Rogen, even Tweeted that he hopes our beloved leader will like The Interview. What’s Tweeting, you ask? Um, nothing… forget I said anything.

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Marisa Mostek (@MarisaJ44) loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured image courtesy of [Zscout370 via Wikimedia]

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post Attention, North Koreans: We Must Stop Seth Rogen! appeared first on Law Street.

Temporarily escaping the real world while sitting in a theater enveloped by the kind of darkness that can make even the most crowded place feel isolating is a compelling enough reason for me to shell out the money for a movie ticket. But the same can’t be said for some other people. Some can create the same experience in the comfort of their own home with the help of Netflix or diligent web searching for a free version of the latest blockbusters. And who can blame them? Even thought new technology is constantly created, the movie projection industry hasn’t done much to upgrade their technology and improve the viewing experience over the last 60 years. That is, until now.

Movie projectors switched to digital systems around 2000; however, the systems still rely on a 60-year-old technology known as xenon electric-arc lamps. The arc lamps lose their brightness over time, and result in diminished clarity and dimmed illumination. This deterioration of picture quality forces theaters to continually replace equipment or allow customers to suffer through poorly lit movies. Fortunately for movie goers, Laser Light Engines, debuted a new laser projection system that corrects for the problems the old system experiences. The NH’based company’s latest movie projection technology will use lasers to improve the clarity of all images and will significantly enhance 3D projection in a way that has never before been possible.

While all movies will have improved picture, the push for laser projection is directly linked to the demand for 3D movies and the terrible illumination associated with them. For example, one of the popular systems used to project 3D movies is known as the TI system. This system is complex and involves specialized lenses, polarized beams of light, and loads of other technical things that most people can’t explain nor do they care to know about. Anyway, the TI system, in tandem with the arc lamps and their issues of decreased brightness, plus the use of 3D glasses can reduce the brightness of 3D movies by nearly 80 percent. Yes, those awesome 3D movies like Avatar and Gravity that you thought were amazing, may have been 80 percent less amazing than they could’ve been. With laser projection, those days are gone, and we’ll be able to view 3D as it was meant to be seen.

In addition to the enhanced picture quality, Laser Light Engines’ system will create a standardized system for movie capture, distribution, and encryption of digital movies, leading to better movie content security. This is a huge plus for production companies and theaters that lose millions due to illegally manufactured movies. Another benefit of using laser technology systems is that the cost of the new technology is cheaper than the older xenon electric-arc lamps. Consumers will have the bonus of a more clearly projected movie that will also cost less for theaters to provide. (I wouldn’t hold my breath waiting on lower ticket prices, though.)

The only thing I’m honestly upset about is that I won’t be able to catch the new 300 Rise of an Empire movie in all its laser-projected glory. If only the movie Gods would let it be. Other than that minor issue, I say let the laser movie projection commence!

Featured image courtesy of [LG전자 via Flickr]

Teerah Goodrum

Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

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