Whether or not Hollywood and mainstream movie-making is encouraging diverse voices has been in the spotlight for a while now. While 2020 may not have been the most productive year all-around for the industry, we’ve certainly seen some key shifts in how productions are handling matters of diversity- and the Oscars are no exception. BLAKE & WANG P.A Entertainment Attorney takes a closer look at the tabled changes ahead for the iconic ceremony.
Are the changes immediate?
No, they will not be. It’s probably a wise move, too- after the disruptions of Coronavirus, the last thing the 2020-21 season needs is more unsettling changes. Over the next two years, the tabled changes will remain guidelines, not rules. Studios will be required to fill in the form, however, and data will be collected to help make a smoother transition and suggest any areas where another look at the regulations is needed. By the 20204 Oscar season, the new rules will be enforced.
What happens if my film doesn’t meet the criteria?
Part of what’s confusing for many moviemakers is how to interpret the new guidelines for their productions. This is due to the 4 proposed categories. However, the idea is that this category system allows for productions that possibly don’t apply for one of the categories to still meet qualifying criteria for another. For example, a production that may not meet the criteria for ‘diversity in lead roles, ensemble cast or storyline’ could well still find itself eligible for ‘other key roles’ or ‘creative leadership/department heads,’ and so on.
There’s also the more ambiguous Standard D, or audience development, which has been left vague especially to allow for a more liberal interpretation for qualification. To qualify for Best Picture (the only category this applies to), you have to meet 2 out of the 4 specified standards, and most pictures will likely be able to do this without too much trauma.
No way, they’re meddling in my movies!
It can feel like that at the first instinctive reaction. However, all the Academy has really done is change how they define ‘Best Picture’. It’s already deeply open to interpretation. Should it reflect overall quality? Should that be the defining category? Can something be nominated for Best Picture without being nominated (let alone winning) in other categories? Or is a movie just the sum of its parts? This has been debated for years, and still has no real definitive answer.
The Academy is not seeking to infringe on any creative processes. All it is doing is gently guiding folks to pass on trust, wisdom, and experience to a new generation, and trying to include underrepresented groups in that process. It’s encouraging you to view the industry holistically, in a world where different consumers are all interested in your product.
Will the proposed changes have any notable effect? It’s difficult to tell at the moment, of course, but it’s a development to watch with interest.
