| The Senator Theatre initial communique RE: Film clearance, June 24th |
Dear Senator Theatre Patrons,
We are currently receiving so many e-mail responses to the local film distribution issues we raised by necessity last week in our mass emailing that we are logistically unable to interact directly at this time with those who are responding at an astonishing rate.
With this lengthy communiqué we hope to clarify a number of questions and concerns that are common to many of the responses we have received to date.
The vast majority of the response e-mails we are receiving are supportive. They reflect a very heartening understanding of why we were compelled at this particular juncture to apprise our patrons of the anti-competitive dynamic that has existed behind the scenes for years between The Senator Theatre and The Charles. If your email to us falls into that category, bless you.
Some of the responses are not supportive and a few challenge our veracity and motives for even raising the issue at this point in time by revealing the longstanding film "clearance" exerted by The Charles over The Senator. We note that most of the critical emails incorrectly assume that the situation must be a two-way street and that we also "clear" The Charles from having access to the films we run, which has never been the case.
A few emails took great exception with our attempt to be responsive to our many patrons who have asked us to book Michael Moore's film, mistakenly interpreting our interest in booking the film along with The Charles Theatre as a tacit but overt endorsement of the film's content. That is not the case with "Fahrenheit 9/11" or "The Passion" or any other film we feature.
Others feel Moore's film should be getting wider distribution nationwide but also feel that greed was our main motivation for what they perceived as an unwarranted "attack" on The Charles Theatre's turf. Some chastise us for not somehow working this out with The Charles in some fashion behind closed doors.
After considerable deliberation we have decided to transmit the following information as the best initial method to respond to hundreds of e-mails to more fully explain what the core issues are and why we are doing what we are doing at this time from our perspective.
Clarifications from our perspective
We have come to believe from vast first hand experience at The Senator that "clearing" or blocking any other theatre [particularly struggling fellow independents] from equal access to the full gamut of first-run films is wrong and counterproductive for all concerned, particularly the moviegoers of the region.
For the first twelve years of its existence, GCC Towson Commons utilized the anti-competitive weapon of "clearance" over The Senator Theatre, and prevented us from ever concurrently running the same films that were running on any of their 8 screens. Sony Theatres did likewise by "clearing" the independent Senator Theatre from all films that ran at their former Rotunda Cinemas location. We could therefore only run films that were not currently running at either chain location.
As many of you know, The Senator Theatre barely survived those 12 years of attempted asphyxiation by the chain multiplexes. We eventually overcame the GCC "clearance" but without equal access to the first-run lifeblood of the film exhibition industry during that difficult period we were forced to accumulate debt that is a continuing detriment to the economic viability of The Senator Theatre.
We are therefore very sensitive to how a modern perversion of the outdated industry vestige of "clearance" almost destroyed The Senator Theatre and it is still the major factor in the ongoing destruction of over 10,000 independent historic movie houses nationwide. As a result, we are vehemently opposed to any theatre location overtly blocking any other from equal access to first run films, for any self-justifying reason.
Over the years we have regularly approached our independent compatriots at The Charles to cease their shortsighted "clearance" that effectively blocks The Senator from booking every film they run although we encourage them to run films concurrently with us whenever they choose to. We have also made numerous private [and at times public] overtures to more cooperatively advance our common goals and best serve the public by co-promoting our individual locations and our shared status as revered independents.
At The Senator and The Rotunda Cinematheque we emphatically believe this is our mutual, non-combative destiny with The Charles. As independents in a chain dominated industry, we feel that any income decrease we may both experience on occasion by running a film concurrently can be compensated for over time by also cross promoting each other. By doing so we can further enlighten the movie going public as to what we have to offer as independents over the chain exhibitor's "cinema-one-too-many" maxiplexes and expand our shared audience with a wider variety of programming choices and cross-promotional opportunities.
For years we have been unable to convince The Charles Theatre management of the wisdom of this non-combative, cooperative approach to our mutual survival. Throughout the years we chose not to reveal to the public the true nature of the one-sided "clearance" of The Senator by The Charles, in the sincere hope that they may ultimately recognize the wisdom of an aligned alternative approach.
We also knew it would prove to be detrimental to their supportive and loyal patron base if it was generally known that they were engaging in heavy handed, chain-oriented blocking tactics to prevent us from expressing our own preferences in what feature to choose. In response, they repeatedly told us they did not feel their patrons care and that if their patrons knew they would support The Charles' "clearance" methodologies regarding The Senator. We did not agree with their prediction in that regard.
"Fahrenheit 9/11"
Then along comes "Fahrenheit 9/11". We are receiving an unprecedented level of requests to make the film available to as wide an audience as possible amid rumors of the film being suppressed nationwide for all kinds of nefarious reasons.
We once again approached The Charles for permission to run this specific film along with them. In doing so it was not our intention to undermine The Charles or publicly endorse Michael Moore's political platform, but instead to simply present the topical and controversial film professionally to our patrons without distraction and let them form their own opinions as to its relevance and veracity.
"Fahrenheit 9/11" also serves as a prime example of a film that clearly justifies a wider audience in Baltimore beyond only The Charles and demonstrates how the Venn diagrams of our film programming will occasionally overlap between the two locations.
Do we also seek to sell more tickets to The Senator? Of course we do. Is that our sole motivation? No it is not.
The management of The Charles once again rebuffed our request, citing purely financial reasons for doing so. In all fairness, we too must always maintain a sharp focus on our bottom line. We are compelled to note however that The Charles has achieved their expansion to five screens and has been operating in the black for years and the single-screen Senator Theatre has yet to obtain its respective municipal subsidy in order to achieve that long sought goal.
The movie going public [and our patrons in particular] once again began incorrectly assuming en masse that we were choosing not to run this film. At that juncture, it became painfully apparent to us that the time had indeed come to stop silently turning the other cheek and instead reveal to our list members the "X" factor of "clearance" that has caused us great consternation and confused the public for too many years. After a few 11th hour attempts to reason with folks at The Charles, imploring them to relent on this one, we informed the members of this list what was occurring.
In Conclusion
In concluding this communiqué we want to reiterate that although we have "issues" with The Charles, we also emphatically agree with the region's discerning film lovers that The Charles is a blessing and that we all have a significant vested interest in their continued well being. We did not pick this fight and we regret any appearances to the contrary because we are not trying to hurt them or gain any unfair advantage over them. We are seeking parity, not dominance.
Our best intentions remain what they have been for years, to work cooperatively with The Charles' management to explore and refine methodologies to achieve mutual cross-promotional benefit while not restricting each other's equal access to first-run films. To do otherwise will only result in a counterproductive short-term gain that will eventually reap long-term negative consequences for all concerned.
We are not high-minded idealists, but are instead pragmatic realists with hard earned insight regarding the dire need to finally get the pertinent issues out in the open. In doing so our primary goal is to morph this very negative dynamic into something fair and positive for both The Senator and The Charles. Instead of covering this painful dispute, our mutual friends in the media would much rather help us spread the word of an innovative, cooperative alliance between these two local institutions, The Charles and The Senator.
We are very interested in your feedback and we also urge you to enlighten others who may not be as informed about the more Byzantine and insular aspects of first-run motion picture exhibition and film distribution.
The local television stations in particular have been somewhat deficient in informing their news viewers as to what this "dispute" between The Senator and The Charles is really all about. Unfortunately, this issue reveals the limitations of their format in illuminating a subject that has nuances and complexities that cannot be sufficiently explained in one or two sentences from each side of the issue.
We are making sincere attempts to relate our position in as fair a manner as we can considering our inherent bias, and we urge you to make an effort to determine directly from the management of The Charles as to what their position is regarding these matters. In order to disseminate our respective viewpoints and include the opinions of the public as well, we are also seeking to access a more in depth objective public forum.
We are open to suggestion in this regard and at this juncture we feel that perhaps The Marc Steiner Show on WYPR 88.1 FM is an appropriate forum. A lively Marc Steiner Show on this matter would create an opportunity for both sides to explain and defend their respective positions and also facilitate the public's all important input into what is so far a somewhat one sided conversion.
We can be contacted at info@senator.com, The Charles Theatre management can be contacted at 410.727.3464 and The Steiner Show producers can be contacted at steinerproducers@wypr.org
See you at the movies!
Sincerely,
Tom Kiefaber
Owner
The Senator Theatre subsequent communique RE: Film clearance, July 7th
Dear Senator Theatre Patrons,
Here we go again. It is time for us to provide an update to our patrons who are e-mailing us requesting further information on a host of issues related to film clearance and how we are being prevented from ever concurrently featuring any film that plays at The Charles Theatre.
Most recently the focal point that highlighted the existence of the ban limiting what we can run at The Senator was our inability to feature the most popular documentary in the history of the motion picture industry, "Fahrenheit 9/11". This issue though, is more about the many years of restriction over our bookings at The Senator than it is about Michael Moore's film.
FILM "CLEARANCE"
After years of sincere behind-the-scenes efforts to bring about a more equitable and cooperative relationship with the operators of The Charles Theatre it became painfully apparent that our methodology had to change.
The primary impediment to progress in developing a more positive and cooperative relationship between Baltimore's two independent theatre locations is an across-the board film blocking tactic called "clearance", which The Charles has invoked for years against The Senator. We feel that it is high time to eliminate this repressive clearance that functions as a hindrance to achieving a more equitable and beneficial relationship between Baltimore's two renowned independent theatres.
The film clearance ban on The Senator preventing us from concurrently playing any films along with The Charles dates back to when The Charles was also a single-screen theatre like The Senator, anchoring the retail and residential community in which it is located.
The little known industry practice of film clearance has been more often utilized over the years by the national theatre chains to predominately block independents from obtaining equal access to the first-run films booked at the chain locations.
As a case in point, it took The Senator over 12 straight years of struggle to eventually overcome an almost fatal, across-the-board film clearance by the Towson Commons 8 location. As is the case of The Charles' clearance, for a dozen years The Senator was never able to feature the same film along with GCC's eight screen Towson multiplex.
The film clearance still being imposed against The Senator is now serving as a tactical weapon and it has been expanded in recent years to extend over all five screens at The Charles. The expansion of the clearance has worsened the dilemma and it continues to inhibit the formation of a positive strategic alliance between the two independent locations. As a one-sided ban, the clearance policy prevents The Senator from booking many films we would otherwise choose to feature, and also blocks The Senator from ever featuring any film concurrently with The Charles, even those that so clearly justify a wider run in the Baltimore area, such as "Fahrenheit 9/11".
Film clearance is almost unknown by the movie going public, yet it is a destructive force that continues to have a dramatic impact on independent theatres and our nation's Main Streets. In that way it has had a detrimental effect on thousands of communities nationwide, yet the public still has little or no awareness of it and how it has impacted the cultural life and economic vitality of the communities that are anchored by the affected theatres.
The National Trust for Historic Preservation, The National Main Street Center, The League of Historic American Theatres, The Theatre Historical Society and other preservation organizations estimate that up to 10,000 historic motion picture theatres have been shuttered or prevented from running first run films in the past few decades, many as a direct result of the anti-competitive clearance practices in use within the consolidating film exhibition industry.
As an independent in the film exhibition industry we continue to marvel at how effectively this onerous practice has been perpetuated over many years, and how little public awareness there is of the devastating impact it continues to have on independent theatres. In this instance, an anti-competitive film clearance is being exerted in Baltimore by one well-respected independent theatre location over another with relative impunity.
Invisible to the public, clearance is the operative 'X' factor that has altered independent theatre bookings in Baltimore for decades. It artificially skews the film exhibition dynamic and what results is a booking pattern that is quite different from what would otherwise occur if The Charles, The Senator, and The Rotunda Cinematheque each enjoyed equal access to the full gamut of first-run film choices.
GOING PUBLIC
We contend that the film clearance being actively kept in force by The Charles Theatre is a severe impediment to programming and operating the historic Senator Theatre and The Rotunda Cinematheque, and we are calling for its elimination.
The clearance preventing The Senator from exhibiting the record setting documentary "Fahrenheit 9/11" along with The Charles Theatre and other suburban locations became the precipitating event that provided a high profile focal point to help enlighten our clamoring patrons as to what has actually been occurring in Baltimore for many years.
Our patrons are often confused and criticize the pattern of our film programming. This primarily occurs because they are unaware of what has actually been preventing us from consistently offering them a more sophisticated and compelling variety of film choices at The Senator and the Rotunda Cinematheque.
After being rebuffed and stonewalled by our fellow independents at The Charles for years we have broken our silence and "gone public" in order to openly state our position, and commence enlightening the movie going public about film clearance.
We began by utilizing The Senator's e-mailing list in an attempt to figuratively pull back a veil and illuminate for our patrons the invisible booking barrier that has effectively blocked us for years from exercising freedom of choice in booking films to exhibit at The Senator Theatre.
OUR PATRONS RESPOND
The response from our initial e-mailing a few weeks ago was immediate and dramatic. We were astounded by literally hundreds of mosty supportive e-mail responses that arrived within hours.
It was apparent that most of the respondents were completely unaware that such a thing as clearance existed and were shocked that The Charles Theatre would ever engage in blocking Baltimore's other independent single-screen theatre from showing any film for any reason, particularly the topical and controversial documentary "Fahrenheit 9/11".
The fact that we have been blocked from access to the films The Charles has booked for almost 15 years, and the fact that we have never attempted to block The Charles, or any other theatre from running any film we book was apparently too much for a few recipients to believe or to even comprehend. We soon began to realize that once list members were informed about the practice of film clearance, it quickly became a hot button issue.
Many area moviegoers are now quite interested in learning more about the mechanics of film clearance and the source of the apparent power it takes to keep such an uninterrupted ban in place for such a long period of time. Judging from the question laden e-mails responses that have been pouring in, it appears that we have aroused the public about this issue and it is beginning to take on a life of its own.
The level of sophistication that many respondents are demonstrating in analyzing the basic information we have transmitted so far is very encouraging. A good number of the respondents quickly ferreted out illogical aspects of this film clearance conundrum. They now want to know more, and sort out the confounding aspects of film distribution and exhibition that have so far only been known and understood by those within the insular film exhibition industry.
It is particularly encouraging to see how actively the public is responding as they begin to recognize their vested interest in how these esoteric film industry practices have had a dramatic effect on independent theatres and the cultural life and economic vitality of their communities.
THE NEED FOR A FORUM
A significant point of common agreement among so many respondents is that "The Marc Steiner Show" on WYPR-FM is generally perceived as an ideal forum to explore these matters and allow the more pertinent aspects of this film clearance issue to be explored in the depth required. In particular, "The Marc Steiner Show" offers the public the crucial opportunity to interact directly and join the conversation. We fully agree with our respondents in this regard.
Another common element to many of the e-mail responses we are receiving is the observation that this is the type of arts and commerce issue that City Paper would ordinarily consider in their purview. A number of concerned respondents have recently noted that the publication has not covered the matter and are apparently not yet publishing any letters to the editor on the subject that have been forwarded to them.
We are continuing to seek access to the appropriate forums to permit the owners of The Charles Theatre and The Senator Theatre the opportunity to state their respective positions, interact with the moviegoing public, and place the issue in a larger national context. In the interim, we have established an electronic web based interactive "discussion board" on our site at www.senator.com . The website discussion board is brand new, we are just learning about its features and functions, and we encourage input as to how we can best utilize this new forum. info@senator.com
We are quite encouraged by the response so far from our efforts to enlighten our e-mail list members of the imperative for changing the negative dynamic of our relationship with The Charles. As realists however, we are also well aware that in all probability building awareness and regional public support for our position will not by itself be sufficient to figuratively "tear down the wall" of this one-sided film clearance and begin a new era of cooperation.
SPREADING THE WORD
We have also determined that to better educate the public and hopefully achieve booking parity with The Charles, the burgeoning popularity of the documentary film genre itself may provide us a unique opportunity make our case for change in a theatrical and innovative manner.
We also feel that producing a documentary may be an expedient and effective method for entertaining and enlightening the public about the mysterious vagaries the motion picture exhibition and its rich history. There have been a number of informative documentary films that offer glimpses "behind the scenes" of the film production industry, while the film distribution and exhibition branches have remained a little known wilderness of mirrors. We feel it's now time for a "behind the movies" non-fiction examination of how the movies arrive, or in some cases never arrive, to a theatre near you.
Changes in the film exhibition industry have altered our way of life in significant ways that continue to directly affect us all, but how and why film clearance has been closing theatres en masse over the years has never been revealed to a uninformed public that simply has no knowledge of what has been occurring behind the scenes.
Over the years many thousands of motion picture theatres went dark across the nation, including over 150 community based movie houses in Baltimore City alone, and the primary reasons for the mass extinction of so many of our community based movie houses has never been examined from a public perspective.
It was beauty that killed the beast, but it was film clearance that killed so many of our irreplaceable historic movie houses, and that story has yet to be told.
WHAT'S UP? A DOC.
In response to the need to inform and the opportunity to elicit positive change, we are currently co-producing a non-fiction film in conjunction with Planet-X Entertainment, with the tentative working title of, Chuck & Me, 4/11 . It is envisioned to be an entertaining, informational documentary film with a humorous tone and the intent to illuminate the murky netherworld of the film exhibition practice of "clearance".
Our goal is to help clarify a previously hard to convey subject and more effectively make the case as to the clandestine and destructive nature of film clearances, particularly regarding our nation's remaining independent movie theatres.
We selected the auspicious date of Independence Day, Sunday, July 4th to commence principal photography on this documentary project and we have begun conducting on-camera interviews with the movie-going public at various locations in the Baltimore area. To permit the staff of The Senator Theatre to assist and help expedite the initial production phase of the film we also put the day-to-day operations of The Senator Theatre on a short hiatus beginning Independence Day as well.
The brief hiatus, lasting two days, was the first time in The Senators 64-year history that this had intentionally occurred, and it was done for both practical and symbolic reasons.
As the documentary project proceeds, we are also seeking to interview members of the film distribution and exhibition industry including the operators of The Charles Theatre. We are also planning to interview the operators of other independent motion picture theatres as well, located in other parts of the country who are currently struggling to overcome the obstacle of film clearance and prevail as independents in an increasingly chain-dominated industry.
INDEPENDENTS COME TOGETHER
Following the recent public airing of these issues we are receiving contact from an increasing number of beleaguered independent movie theatre operators who are also suffering in similar situations, mostly involving oppressive film clearances being aggressively imposed on them by the national chain exhibitors.
We also want to include proponent views regarding film clearance and we will seek to interview the long term film booker and buyer for The Charles Theatre. The film booker for The Charles has been an avid industry proponent of film clearance for years on behalf of his clients and also serves as a film booker and buyer for numerous other independent theatre locations around the country.
It is our contention, supported by what is currently taking place in the Baltimore area regarding The Senator's ban from featuring an otherwise wide regional distribution of "Fahrenheit 9/11", that the film booker for The Charles is acting in concert with the theatre's operators to specifically block the independent Senator Theatre from having equal access to first-run films.
We also believe that the collective power of the film booker's numerous film booking and buying accounts is being unduly exerted to pressure the art/specialty film distributors to adhere to the film clearance over The Senator. We feel that this has been the operative method for keeping The Charles' anti-competitive, across-the-board clearance in effect for so many years specifically against The Senator.
In stating our observations and beliefs we want to clarify that as an independent we fervently believe in applying the power of a collective, particularly among independents of any sort, as a valid tool to obtain equal access to something. We are also fervent in our opposition to the utilization of a collective's power when the clear intent is to deny others fair and equitable access, particularly regarding a fellow independent.
Over the years the judiciary has ruled that first-run films are to be fairly distributed for exhibition on a theatre-by-theatre, case-by-case basis. It is readily apparent to us and to members of the movie going public as well, that in the case of "Fahrenheit 9/11" this is not what has occurred regarding the distribution of the film in the Baltimore area. Based on this glaring example of an anti-competitive film clearance over The Senator previously invisible to the public, we chose this fortuitous example to raise the issue.
A PATTERN COMES INTO FOCUS
Upon observing what is taking place in Baltimore, and in other locations around the nation regarding the distribution and exhibition of "Fahrenheit 9/11", a disturbing pattern is emerging. Examining this curious and revealing exhibition pattern and its relation to clearance will be a key focal point in the documentary production.
We do not expect that many of our proposed interview subjects, apart from the general movie going public, will embrace the notion of participating in the production of a documentary intended to shed light on controversial film exhibition practices that have never been explored in this manner by industry insiders. In facing the obvious challenges of producing this film we plan to emulate the dogged persistence and jocular style of the documentary filmmakers who have successfully managed to illuminate issues that vested interests have historically attempted to keep in the shadows.
Since the recent inception of the documentary project, it is becoming apparent to us that this documentary film has the potential to have a positive national impact as well. We hope to demonstrate to a larger vested audience how the pervasive practice of film clearance has long been a destructive anathema to America's independent movie theatres, and that the time has long since arrived for the practice of film clearance to be banned nationwide.
In order for this to occur, a consensus must develop among the public and the nation's film exhibitors. We anticipate that the film distributors, both large and small, will ultimately welcome the long overdue elimination of film clearances that are being deployed by one film exhibitor against another. Over the years the distribution companies have been subjected to invasive judicial scrutiny and misdirected criticism when it is primarily the film exhibitors themselves that are perpetuating the outmoded industry vestige of film clearance.
Upon completing the documentary currently in production we plan to host its World Premiere at The Senator Theatre, and subsequently making it available on the internet, and to independent theatre locations across the nation. We sincerely hope that this new documentary will play a role in enlightening the movie going public and serve to help eliminate film clearances entirely from the film exhibition industry.
CONTACT INFORMATION
The producers of "The Marc Steiner Show" can be contacted at steinerproducers@wypr.org
The Charles Theatre operators suggest that those who wish to reach them use their office number, 410.727.3464 for that purpose.
As always we are very interested in receiving feedback regarding these matters. We encourage you to post your questions or comments on our new web "discussion board" on our site at www.senator.com You may also reach us at info@senator.com .
We also request those of you who have so graciously taken the time to send us such an insightful array of responses in the past few weeks to please post the contents of your prior emails if possible on our site's "discussion board" so that they can be archived and interactively shared with others who are also interested in better understanding these issues.
We now find ourselves as a common denominator, a hub where hundreds of compelling individual observations currently intersect. We see all the input from the respondents, but the respondents cannot yet see the comments written by each other. The respondents are an interesting group of individuals and we are seeking to hook them all up together in some fashion.
LOOKING AHEAD
It is becoming apparent to us that in just a few short weeks a dynamic process has begun to unfold and our e-mail respondents are serving a vital function by providing us a valuable feedback loop. As a group they are rapidly becoming an important resource. Looking ahead, we are formulating plans to periodically try and get together as many of our respondents as possible at The Senator Theatre and The Rotunda Cinematheque. In this way we hope to develop a network of concerned individuals who have a common interest in movies and in helping insure the long-term viability of independent movie theatres.
Although the issues of film clearance and national chain dominance in a consolidating industry are serious ones regarding the future of independent theatres in a changing industry, we never want to lose sight of the fact that ultimately our role is to consistently provide multifaceted film entertainment to our patrons.
It's all about the magic of the movies.
In concluding this communiqué we want to reiterate that our primary goal at this juncture is to help facilitate a general recognition by the movie going public that independent movie theatres are an important part of the social, economic, and cultural fabric of the nation and that they must remain vital.
If you are in agreement with our position regarding the negative aspects of film clearance, please do not express that support by seeking out the chain operated, suburban cinema-one-too-many megaplexs to see films that are not playing at The Senator or The Rotunda Cinematheque. Instead we suggest that you attend The Charles Theatre often, and during your visits please encourage them to drop their counterproductive film clearance over The Senator and The Rotunda Cinematheque.
See you at the movies!
Regards,
Tom Kiefaber
Owner
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