Indie film-makers await verdict

Director Robert Altman's company, which made Gosford Park, is involved

Independent film-makers will have to wait a week before they find out if they have been successful in taking on Hollywood over a movie preview ban.

A federal judge delayed his decision about whether videotapes could be released so independent movies can be viewed by film prize judges.

The Motion Picture Association (MPAA) of America announced the ban because of fears DVDs and videos will be pirated.

But independent film-makers say the ban will ultimately jeopardise funding.

Decision next week

They argue that banning the release of preview tapes will reduce the chances of independents winning awards and benefiting from the subsequent boost in investment.

US District Judge Michael Mukasey said he planned to issue a decision after a hearing next Wednesday in Manhattan federal court.

Lawyers representing the independent film-makers have accused major movie studios of conspiring to inhibit competition by the introduction of the MPAA's ban on 30 September.

Even a recent deal to lift the ban for Oscar voters ahead of the Academy Awards has failed to resolve the issue as several other awards, including the Golden Globe and the Baftas, are due to take place in the coming months.

But the judge criticised the independent film-makers because they waited so long to sue MPAA.

Red herring?

"You delayed, you sat on your rights. I don't think they [the MPAA] should be penalised," Mr Mukasey said.

During another hearing this week the independents' lawyer, Gregory Curtner, argued the MPAA's concerns over pirating was merely a "red herring" and the ban aimed to put his clients and other like them at a disadvantage.

But Richard Cooper, for the MPAA, said all the organisation was doing was announcing action being taken by the studios - it had no "enforcement mechanism".

The independents are suing for $25m (£15m) damages.

Director Robert Altman's Sandcastle 5 Productions is among those taking action. Sandcastle 5 made Gosford Park, which went on to pick up a string of awards including one Oscar.

Piracy?

The other companies behind the lawsuit include Salty Features, run by Eva Kolodner, who produced the highly-acclaimed drama Boys Don't Cry.

MPAA spokesman Rich Taylor said the legal action was misguided because the ban would "reduce piracy and... preserve the motion picture industry for filmmakers, both large and small".

It was not intended to disadvantage independent films, he said.