Issued by the
Academy of Motion Picture Arts and Sciences
October 2008
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. Any campaign activity determined by the Board of Governors to work in opposition to that goal, whether or not anticipated by these regulations, will be subject to penalties. 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.
All penalties will be at the discretion of the Board of Governors and in response to the seriousness of the violation. In addition to the membership-related penalties described above, penalties might include the significant reduction of a company’s standard allotment of tickets to the Awards presentation. More serious violations could result in a film losing its eligibility for Awards consideration in one or more categories.
It should not be assumed that any tactics or activities not specifically addressed by these regulations are acceptable. The Academy’s executive administrator will be happy to consult on any questions that arise. Marketers are also urged to familiarize themselves with the Academy’s regulations for using its intellectual properties.
The Academy’s Board of Governors reserves the right to assess penalties for any activity that may or may not be described in these regulations, as allowed under these regulations and the bylaws of the Academy.
For information about the Awards Rules, including eligibility and submission procedures, go to www. oscars.org/rules.
REGULATIONS
1. Screenings.
The Academy encourages the screening of eligible films in a theatrical setting for its members. However, nothing may be given to Academy members at such screenings except for a simple listing of the film’s credits. Such screenings must not be accompanied by receptions, buffets or other refreshments, nor should such screenings be accompanied by any kind of live participation by anyone associated with the film. Screenings containing such additional components that are intended for the general public or other non-Academy audience may not be promoted to Academy members. If such screenings are held in a commercial theater and are open to the ticket-buying public, the companies sponsoring them may not permit Academy members to gain free admittance using their Academy membership cards.
After the nominations are announced, Academy members who have had a direct involvement with a film (and only such members) may by listed as “hosts” for screenings of that film, but they must be hosts in name only. No live participation by members is permitted under any circumstances.
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.
The Academy strongly recommends that the film companies reduce the high volume of mail sent to members during Oscar season by utilizing e-mail whenever possible and by consolidating multiple schedules into a single mailing. The Academy also requests that the companies offer members the chance to opt out of receiving hard copies of screening schedules, or of receiving mailings (or e-mailings) of any kind.
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 in letter format (8½" x 11" paper), on postcards (maximum size 4" x 6") or via e-mail. 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 Web site 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 Web site that promotes any eligible film.
5. Web Sites.
References or links to a Web site that promotes an eligible film are permitted in mailings, e-mail and other communications to members only if such a Web site does not contain photographic, audio, video, graphical and other multimedia elements normally found in Web sites. In other words, referring to a Web site is permissible only if the Web site contains the same type of basic screening information and synopses that would be allowed in direct mailings, presented in a similar format.
All Web sites, 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 Web site at www.oscars.org/legal/preamble.html.
6. Quote Ads.
Any form of advertising that includes quotes or comments by Academy members is prohibited.
7. Screeners.
Film companies may send videocassette or DVD screeners of eligible films to Academy members. They may not send members both a videocassette and DVD screener of the same motion picture. 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. DVD screeners may contain 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.
8. Packaging of Screeners.
The packaging of videocassette or DVD 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; tag lines, advertising or promotional copy are not permitted. Whether housing single or multiple screeners, elaborate or promotional packaging is not permitted.
A box housing multiple screeners may include simple typographic mention of the videocassettes or DVDs inside, but the graphics may not refer to any specific titles. Generic film company graphics are permitted.
An empty videocassette or DVD box may not be sent to members as a “placeholder” or reminder that the actual videocassette or DVD will be sent at a future date.
Packaging must adhere to the above regulations whether or not a videocassette or DVD has already been placed in general distribution to the home video market at the time of its mailing to Academy members. The same packaging as is used in the commercial release is not longer 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.
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. 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 download at a company’s Web site. 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 Web site at which members can access the download 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.
12. 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.
13. 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.
14. 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.
15. Events.
Receptions, lunches, dinners or other events to which Academy members are invited that are specifically designed to promote a film or achievement for Academy Awards consideration are expressly forbidden.
16. References to Other Nominees.
Ads, mailings, Web sites or any other forms of communication that attempt to promote a particular film or achievement by casting a negative or derogatory light on a competing film or achievement are not permitted. In particular, any tactic that singles out “the competition” by name or title is expressly forbidden.
17. 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:
Ric Robertson, Executive Administrator
Academy of Motion Picture Arts and Sciences
8949 Wilshire Blvd., Beverly Hills, CA 90211
(310) 247-3000 - telephone
(310) 859-9351 - fax
jjones@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, Web sites, screenings and receptions, may be relevant and applicable to contenders in all categories. Please refer to the Academy’s Awards Rules for any questions regarding eligibility, submissions, voting and the like.
Please feel free to direct questions about the Academy’s Regulations to the contacts above.
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