By Ray Pride Pride@moviecitynews.com
Academy Sets Campaign Rules For 85th Academy Awards
July 25, 2012
FOR IMMEDIATE RELEASE
Beverly Hills, CA– The Board of Governors of the Academy of Motion Picture Arts and Sciences has updated regulations for how companies and individuals may market movies and achievements eligible for the 85th Academy Awards® to Academy members. The changes pertain to screenings that feature live filmmaker participation, the formats on which members may receive screeners, and limitations on how mail, email and websites may be used in campaigning.
“These rules help us maintain a level playing field for all of the nominees and protect the integrity of the Awards process,” said Academy President Tom Sherak.
After the announcement of nominations on January 15, 2013, and until the final polls close (February 19, 2013), Academy members may be invited to up to four screenings of a nominated film that are preceded or followed by filmmaker Q&As or other such participation. A fifth such event in the United Kingdom will be permitted. All participants must be nominated or have been eligible for nomination. No screening event may include a reception or otherwise offer complimentary food or beverages. These limitations do not apply to screenings held by the Academy, guilds or similar organizations.
The regulations also now stipulate that members may receive the film both on DVD and as a digital download.
Additionally, each week, members may be sent only one piece of mail and one email per film company. The rules maintain the prohibition on sending members links to websites that promote a film using audio, video, or other multimedia elements, but may include links to the videos in the “Academy Conversations” series on Oscars.org.
The Academy has augmented its existing ban on film companies using third parties to distribute materials that they would be prohibited from sending directly. The regulation now specifies that film companies may not have a publication use its subscriber lists to send stand alone materials to members, except in connection with the distribution of the publication itself. This amendment does not affect a company’s ability to place their usual promotional materials in trade publications.
Similarly, while guilds and other awards organizations may hold non-screening events after the nominations announcement, this rule now specifies that film companies may not use such occasions as opportunities to sponsor promotional events that would otherwise violate Academy regulations.
The 85th Academy Awards will be held at the Dolby Theatre™ at Hollywood & Highland Center® in Hollywood, and will be televised live by the ABC Television Network.
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Regulations Concerning the Promotion of Films Eligible for the 85th Academy Awards®
Issued by the Academy of Motion Picture Arts and Sciences
July 2012
PREAMBLE
In an effort to maintain a high degree of fairness and dignity in the process by which film studios, producers, distributors, marketers and others (collectively referred to as “film companies”) promote films eligible for Academy Awards® to Academy members, the Board of Governors of the Academy of Motion Picture Arts and Sciences has developed a set of regulations for the annual rite generally known as “campaigning.”
The Awards competition is a process that requires the voting members of the Academy to make their choices based solely on the artistic and technical merits of the eligible films and achievements. It is the Academy’s goal to ensure that the Awards competition is conducted in a fair and ethical manner. If any campaign activity is determined by the Board of Governors to work in opposition to that goal, whether or not anticipated by these regulations, the Board of Governors may take any corrective actions or assess any penalties that in its discretion it deems necessary to protect the reputation and integrity of the awards process. Furthermore, any Academy member who has authorized, executed or otherwise enabled a campaign activity that is determined by the Board of Governors to have undermined the letter or spirit of these regulations will be subject to suspension of membership or expulsion from the Academy.
It should not be assumed that any tactics or activities not specifically addressed by these regulations are acceptable. The Academy is willing to consult on any questions that arise. Marketers are also urged to familiarize themselves with the Academy’s regulations for using its intellectual properties (www.oscars.org/legal/regulations.html).
REGULATIONS
1. Screenings.
The Academy encourages the screening of eligible films in a theatrical setting for its members.
Prior to the announcement of nominations, screenings presented by or funded by film companies may be followed by a question-and-answer session or similar live participation by persons associated with the film. Additionally, such screenings may be preceded or followed by a reception and complimentary food and beverage.
After the announcement of nominations, and until the final polls close, Academy members may be invited to up to four screenings of a nominated film that are preceded or followed by filmmaker Q&As or other such participation. In the UK, a fifth such event will be permitted. All participants must be nominated or have been eligible for nomination, and no screening event may include a reception or otherwise offer complimentary food or beverages. These limitations do not apply to official Q&A screenings held by the Academy, the various guilds, or similar organizations.
After nominations are announced, no Academy member may be listed as a “host” of a screening in any way unless that member is directly associated with the film.
2. Passes to Commercial Theaters.
Companies are permitted to distribute passes or coupons that allow Academy members to gain free entry to screenings in commercial theaters. These coupons may be for specific titles or for admission on a more general basis. These coupons must be simple in design and production. A film’s title and logo may be printed, along with the film company’s name and logo. No photographs or other design elements specific to the film may be included. No additional text specific to the film may be included.
3. Screening Schedules and Other Mailings.
The Academy requires that the film companies limit the volume of email and mail sent to members during Oscar® season. Film companies may not send a member any more than one email and one hardcopy mailer per week (and a particular film may not be referred to in any more than one of each per week). This rule does not affect or apply to the number of physical screeners, screenplays or music CD’s that can be mailed, but it does apply to the number of emails containing (or instructing how to download) digital screeners, screenplays or music. The Academy also requires that the companies offer members the chance to opt out of receiving hardcopies of screening schedules, or of receiving mailings (or e-mailings) of any kind.
Subject to the above limitations, screening schedules or notices of upcoming screenings (whether they be private, invitation-only screenings or those scheduled as part of a regular theatrical release) may be sent to members, but only via e-mail, or in letter format (8½” x 11″ paper) or on postcards
(maximum size 4″ x 6″). In addition to screening information, mailings may include a film’s basic title treatment; they may not include photographs, glossy paper or card stock, key art or other graphics. Envelopes for these mailings may not include a postmark, postage stamp or any other graphic or text element that makes reference to a particular film or achievement.
Mailings that extol the merits of a film, an achievement or an individual are not permitted. Mailings containing quotes from reviews about a film or achievement are not permitted, nor should they refer to other honors or awards, past or present, that have been received by either the film or those involved in the production or distribution of the film. Except as permitted in Regulation #5, mailings may not mention any website that promotes any eligible film.
Mailings may incorporate a basic “for your consideration” listing of the artists who worked on the film. They may include a brief, unembellished synopsis of the film. Once Oscar nominations are announced, subsequent letters and screening schedules may refer to any current Academy nominations received by a film.
Mailings intended to verify a member’s address and to announce the shipment of screeners are permitted and are not required to contain screening schedules. Letters accompanying the delivery of screeners, CDs and scripts are permitted and are not required to contain screening schedules. In all other ways, however, they must adhere to the above regulations for mailings.
4. E-mail.
E-mail that is sent to Academy members must adhere to the same regulations concerning content and appearance as direct mailings that are delivered by the post office or via other delivery methods. It may not extol the merits of a film, an achievement or an individual. It may not contain quotes from reviews about a film or an achievement, nor should it refer to other honors or awards, past or present, that have been received by either the film or those involved in the production or distribution of the film. Except as permitted in Regulation #5, e-mail to members may not include mention of, or links to, any website that promotes any eligible film.
5. Websites.
References or links to a website that promotes an eligible film are permitted in mailings, e-mail and other communications to members only if such a website does not contain photographic, audio, video, graphical and other multimedia elements normally found in websites. In other words, referring to a website is permissible only if the website contains the same type of basic screening information and synopses that would be allowed in direct mailings, presented in a similar format. However, such websites may include a link to the video on the Academy’s membership website containing the film’s question and answer session at the Academy.
All websites, regardless of their purpose, function and appearance, must adhere to the Academy’s other rules concerning eligibility and use of the Academy’s intellectual properties. Additional
information concerning those rules can be obtained by contacting the Academy or accessing the Academy’s website at www.oscars.org/legal.
6. Quote Ads.
Any form of advertising that includes quotes or comments by Academy members is prohibited.
7. Screeners.
While viewing films on screeners is at times more convenient, the Academy remains firmly committed to the principal that motion pictures competing for Academy Awards should be seen and heard in a theatrical setting. We encourage the film companies and our members to present and view the films as they were intended.
Notwithstanding the above, the Academy will not object to the distribution of screeners to Academy members. Screeners may be distributed to members in physical form (e.g. DVD) and digitally via download or streaming. Film companies may not send members duplicate screeners of the same motion picture. But, one screener of a film may be sent in physical form and an additional one may be sent in digital form. Screeners may not include any additional print or moving image material, such as information about the making of the movie. Screeners may include closed captioning and simple menus that allow viewers to select different starting points (chapter stops) and audio formats, although the chapter stop headings in the menu may not include captions.
Screeners may also be distributed to members digitally, via download or streaming, so long as the delivery of those motion pictures conforms to all other provisions of these Regulations.
8. Packaging of Screeners.
The packaging of screeners should be limited to simple sleeves or boxes. Outer packaging on boxes housing multiple screeners must likewise be simple in design. A film’s basic title treatment may appear on the packaging. Packaging for individual screeners may carry a list of “for your consideration” credits and a brief, unembellished synopsis. Tag lines, advertising or promotional copy are not permitted. Packaging for a single screener should be no larger than standard DVD jewel box dimensions (approximately 1/2″ thick). Whether housing single or multiple screeners, elaborate or promotional packaging is not permitted.
9. Music.
Before nominations are announced, CDs of eligible scores may be sent to members of the Music Branch only. Each music track on such a CD must be titled and include the name of the composer(s). The titles must match the corresponding title and composer(s) listed on the cue sheet that is submitted as part of the Original Score entry process. Only the tracks written by the eligible composer(s) may be included on the CD; music written by other composers, licensed music or music that is in any other way ineligible may not be included. The music on the CD must be the same as the music used in the finished film.
No CDs of songs may be sent to any Academy member before nominations are announced. (Song nomination procedures already provide Music Branch voters with access to the eligible songs in the context of the motion picture.)
After nominations are announced, CDs of nominated scores and songs may be sent to any Academy member, although no member may be sent duplicate CDs. CDs of nominated scores must adhere to the same guidelines regarding content as described above. CDs of songs must be identical to the version that is heard in the motion picture.
So long as it is done in accordance with the above guidelines, it is also permissible to distribute songs and scores digitally by providing members the ability to access or download music at a website. The members may be sent a letter or e-mail informing them where and how to perform the download. The letter or e-mail must conform to Regulations #3 and #4, and the website at which members can access the music must conform to Regulation #5. In the course of executing the download, companies may not install cookies, Web bugs, software agents or similar items on a member’s computer for any purpose, including for the purpose of collecting data or tracking online activity.
Neither video excerpts nor sheet music may be sent at any time.
All members should be given the chance to opt out of receiving CDs.
10. Music Packaging.
The packaging of CDs must adhere to the same restrictions as those described in Regulation #8 for screener packaging. Packaging used in commercial/consumer distribution may not be used in mailings to Academy members. Neither the packaging nor the item itself may refer to other awards or achievements.
11. Foreign Language Film Award.
Film companies may not send members a screener of a film competing for the Foreign Language Film Award except to the extent the film is competing in other categories.
12. Screenplays.
Before nominations are announced, screenplays may be sent to members of the Writers Branch only. After nominations are announced, screenplays nominated in either of the two Writing categories may be sent to all members. Screenplays that are sent should be presented in standard industry form, i.e., with plain paper or card stock covers displaying only title and writer information (no graphics), and containing no review excerpts or other promotional materials. The Academy recommends that screenplays be duplicated in a double-sided format. Screenplays reproduced in smaller formats (8½” x 5½”, for example) are also permitted.
It is also permissible to provide electronic versions of screenplays that Academy members can access or download at a company’s website. The company may send members a letter or e-mail informing them where and how to perform the download. The letter or e-mail must conform to
Regulations #3 and #4, the website at which members can access the screenplay must conform to Regulation #5, and the script itself must conform to the requirements of the paragraph above. In the course of executing the download, companies may not install cookies, Web bugs, software agents or similar items on a member’s computer for any purpose, including for the purpose of collecting data or tracking online activity.
It is also permissible to send out screenplays in electronic form on flash drives (aka memory sticks, thumb drives). Only a studio name and logo and film title(s) may appear on the exterior of the device.
In the course of collecting addresses and other preferences from Academy members, companies should allow members of the Writers Branch, as well as the full membership, the opportunity to choose not to be sent screenplays.
13. Inserts.
Brief cover letters may accompany screeners and scripts and are not required to contain screening schedules. In all other ways, however, they must adhere to the above regulations regarding mailings.
Information about upcoming screenings also may accompany screeners and scripts. The size of these inserts may be tailored to fit the packaging; however, heavier paper or card stock may not be used. Graphics should be limited to basic title treatments. Restrictions on screening schedules, as described in Regulation #3, also apply.
14. Third-Party Distribution.
Film companies are prohibited from doing indirectly or through a third party anything that these regulations prohibit them from doing directly. They are prohibited from using subscriber-based publications to distribute promotional materials to an Academy member unless the member is a subscriber to those publications. The Academy defines “subscriber” as a member who has taken the intentional step of requesting that a publication be sent to him or her on a regular basis. The member does not necessarily have to pay for that subscription. Any Academy member who has not made such a request, however, will not be considered a subscriber, and any company that uses a publication to send the promotional materials anticipated by this regulation to such a member will be in violation of the regulation. This paragraph is not intended to grant film companies permission to use the services of a third-party publication to send otherwise prohibited materials to member-subscribers where such materials are sent alone and not in connection with the distribution of the publication itself.
15. Telephone Lobbying.
Contacting Academy members by telephone to promote a film or achievement is expressly forbidden, even if such contact is in the guise of checking to make sure a screener was received. Telephone calls to verify members’ addresses are permitted, as long as no eligible films are discussed.
16. Non-Screening Events.
Members may not be invited to or attend any non-screening event occurring after nominations are announced (and until final polls close), including breakfasts, lunches, dinners, parties and receptions, that in any way promotes or honors a nominated film, a nominee, or is attended by a nominee or anyone with a direct association with a nominated film. These regulations apply to nominees as well as Academy members, and nominees are similarly prohibited from attending such events. Invitations to non-screening events are also subject to the limitations on the number of mailings in Rule 3.
Excluded from this prohibition are sanctioned events and awards ceremonies presented by the various guilds and similar organizations. However, this prohibition does apply to any events organized by film companies or others that are ancillary to such sanctioned events (e.g., pre-awards receptions or parties).
17. References to Other Nominees.
Ads, mailings, websites, social media (e.g., Facebook and Twitter) or any other forms of public communication by anyone directly associated with an eligible film attempting to promote a particular film or achievement by casting a negative or derogatory light on a competing film or achievement will not be tolerated. In particular, any tactic that singles out “the competition” by name or title is expressly forbidden. Academy members that violate this Rule 17 will be subject to a one-year suspension of membership for first-time violations, and expulsion for any subsequent violations.
18. The “Academy” Office.
Some film companies still refer to their “campaign offices,” in print and on the telephone, as “the Academy Office.” That’s misleading and incorrect. If a name is needed for those special tactical units created to campaign for the various organizational awards that are presented during the first quarter of the year, the Academy suggests the more accurate “Awards Office.”
For further information about these regulations, contact:
Scott Miller
campaignregulations@oscars.org
To Distributors, Filmmakers and Marketers in the Foreign Language Film, Documentary Film and Short Film categories:
In general, the Academy’s Regulations Concerning the Promotion of Films describes regulations designed to apply to films entered in those feature-length film categories that require a seven-day qualifying run in Los Angeles (Best Picture, Directing, Writing, and so on). Since judging in the Foreign Language Film, Documentary Film and Short Film categories is conducted under special rules and circumstances – and since in many instances members of those committees must view the films at special Academy screenings to be able to vote – some of these regulations, especially those having to do with screeners, are not relevant to these categories.
Other regulations, such as those having to do with mailings, websites, screenings and receptions, may be relevant and applicable to contenders in all categories. Please refer to the Academy’s Awards Rules at www.oscars.org/rules for information regarding eligibility, submissions, voting and the like.
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ABOUT THE ACADEMY
The Academy of Motion Picture Arts and Sciences is the world’s preeminent movie-related organization, with a membership of more than 6,000 of the most accomplished men and women working in cinema. In addition to the annual Academy Awards – in which the members vote to select the nominees and winners – the Academy presents a diverse year-round slate of public programs, exhibitions and events; provides financial support to a wide range of other movie-related organizations and endeavors; acts as a neutral advocate in the advancement of motion picture technology; and, through its Margaret Herrick Library and Academy Film Archive, collects, preserves, restores and provides access to movies and items related to their history. Through these and other activities the Academy serves students, historians, the entertainment industry and people everywhere who love movies.
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