Business
A Novelist Says a Movie Fails to Credit Her. The Film World Shrugs.
In 2018, as a celebrated Chinese language director ready to movie a film, his group despatched the novelist Geling Yan a 33-page script together with her identify printed on every web page. Ms. Yan mentioned that made sense to her as a result of she had written the Chinese language-language novel that impressed the movie.
However when the movie, “One Second,” was launched in China and elsewhere two years later, her identify didn’t seem within the credit. It was directed by Zhang Yimou, an Oscar-nominated filmmaker whose works embody “Increase the Purple Lantern” and “Home of Flying Daggers.”
Ms. Yan, who has publicly criticized the Chinese language authorities’s response to the coronavirus pandemic, mentioned she was not shocked to see her identify faraway from a movie produced within the nation. Nonetheless, she mentioned, she thought that the businesses distributing and selling it outdoors China may maybe comply with credit score her not directly.
Ever since, Ms. Yan and her husband, Lawrence Walker, who can also be her supervisor, have been asking corporations in Asia, Europe and North America to do exactly that, both within the movie itself or of their promotional supplies.
“I don’t suppose they need to acquiesce to this type of infringement,” mentioned Ms. Yan, a longtime Chinese language American novelist who lives in Berlin.
However they’ve largely stayed silent. Ms. Yan’s marketing campaign, and the muted response, highlights how an obvious censorship resolution in China can quietly ripple by means of the art-house movie world.
“It isn’t the primary time that we’re concerned in a problem like this with Chinese language cinema,” José Luis Rebordinos, the director of the San Sebastián Movie Pageant in Spain, instructed Mr. Walker in an electronic mail final 12 months. Mr. Rebordinos added that, regardless of his greatest efforts to assist, “typically we are able to’t do something.”
The vanishing credit score
“One Second,” launched in 2020, is about through the Cultural Revolution in China. It follows a prisoner who escapes from a labor camp to see a newsreel, hoping to catch a glimpse of his daughter.
Ms. Yan, 63, has mentioned the film’s plotline mirrors one from “The Felony Lu Yanshi,” her 2011 novel a couple of Chinese language mental who is distributed to a labor camp within the Fifties.
The movie was “positively influenced” by the e book, regardless that it diverged in different methods, mentioned Huang Yi-Kuan, a literature professor at Nationwide Changhua College of Schooling in Taiwan. “I feel it ought to a minimum of be talked about that the inspiration for this film was extracted from Yan Geling’s novel,” she mentioned.
Ms. Yan bought the movie rights for the novel to Mr. Zhang in 2011, in keeping with a contract reviewed by The New York Instances. Three years later, he launched “Coming Residence,” a film primarily based on “The Felony Lu Yanshi” a couple of political prisoner through the Cultural Revolution. The contract didn’t explicitly prohibit Mr. Zhang from making one other film primarily based on the identical e book.
Within the fall of 2018, a literary adviser to Mr. Zhang instructed Ms. Yan over WeChat, a Chinese language messaging platform, that “One Second” couldn’t credit score “The Felony Lu Yanshi,” in keeping with screenshots of their correspondence that Ms. Yan’s husband offered to The Instances. The adviser mentioned doing so may create a authorized downside for the director as a result of he had been having an unrelated copyright dispute with a Chinese language manufacturing firm.
As a compromise, the adviser supplied so as to add a line on the finish of the movie thanking Ms. Yan for her contribution with out mentioning her novel, the correspondence exhibits. Ms. Yan agreed to that, she mentioned in a latest interview, as a result of she trusted Mr. Zhang.
“We had labored collectively for thus a few years,” Ms. Yan mentioned. Along with “The Felony Lu Yanshi,” one in every of her different novels turned the premise for Mr. Zhang’s movie “The Flowers of Conflict,” which got here out in 2011 and stars Christian Bale.
However simply earlier than “One Second” was launched, she mentioned, the literary adviser known as to say that the Chinese language authorities had ordered for her identify to be faraway from the credit.
Muted response
Neither Mr. Zhang nor the literary adviser who spoke with Ms. Yan responded to interview requests. Neither did the China Movie Administration, a state company overseeing the nation’s movie trade.
Huanxi Media, one of many manufacturing corporations behind “One Second,” mentioned in an electronic mail that the movie “has nothing to do with” Ms. Yan’s novels. And mainland Chinese language movies can’t be modified after they obtain public launch permits, the corporate added.
In 2019, “One Second” was unexpectedly withdrawn from the Berlin Movie Pageant, a transfer that the movie’s official account on Weibo, a Chinese language social media platform, attributed to “technical causes” — a euphemism in China for presidency censorship.
Mr. Walker mentioned he and his spouse understood the realities of the Chinese language market. What they’ll’t settle for, he mentioned, is that a lot of the corporations and festivals distributing or selling the movie abroad haven’t been prepared to credit score her in any method.
“This isn’t one thing occurring to some poor soul in some far-off a part of China,” Mr. Walker mentioned. “That is occurring to an expert scriptwriter and a U.S. citizen — now, in the US and different nations — because of Chinese language censorship.”
There are two notable exceptions.
One of many corporations Mr. Walker wrote to, Mubi, a streaming service primarily based in London that caters to art-house cinephiles, now lists Ms. Yan on a web page of its web site that promotes “One Second.”
And this month, Yorck, a cinema group in Berlin, started displaying what it known as an “introductory notice” earlier than its screenings of “One Second” that credit Ms. Yan’s novel because the inspiration for the movie. Marvin Wiechert, a spokesman for Yorck, mentioned in an electronic mail that the corporate discovered of her claims a couple of lacking credit score from her legal professionals and individuals who attended a latest preview screening of the movie in Berlin.
“We felt it could be a becoming response as an arthouse exhibitor who cares deeply about inventive expression and possession,” he mentioned of the choice so as to add the notice.
However Mr. Walker mentioned he had not heard from Mubi, Yorck or different corporations concerned within the movie’s worldwide distribution. The checklist contains corporations in Hong Kong and the US, in addition to movie festivals in Boston and in two Canadian cities. None of them responded to inquiries from The Instances besides a spokeswoman for the Toronto Worldwide Movie Pageant who mentioned that the pageant’s director was too busy for an interview.
Ms. Yan has not filed any lawsuits over her declare. For now, Mr. Walker mentioned, her authorized group is in search of a settlement in France or the US.
Isabelle Denis, the top of authorized and enterprise affairs for Wild Bunch Worldwide, the movie’s worldwide distributor in Paris, instructed The Instances in an electronic mail that the corporate didn’t produce “One Second” and due to this fact had no authority to both choose Ms. Yan’s declare a couple of lacking display screen credit score or act as an middleman between her and the filmmaker.
Massive image
Ms. Yan’s case echoes earlier cases of film censorship in China, a rustic that could be a large supply of revenue for Hollywood. This 12 months, for instance, the ending of “Struggle Membership,” the 1999 cult film starring Brad Pitt, was minimize from its Chinese language version. It was restored solely after the adjustments drew worldwide consideration.
In Ms. Yan’s case, her legal professionals would in all probability not be capable of make a robust authorized case for giving her a credit score in “One Second” as a result of Mr. Zhang by no means agreed in writing to take action, mentioned Victoria L. Schwartz, a legislation professor at Pepperdine College in Malibu, Calif.
Nevertheless, authorized publicity just isn’t the identical as reputational threat, mentioned Professor Schwartz, who makes a speciality of leisure legislation and mental property disputes. Ms. Yan’s marketing campaign, she mentioned, raises the query of whether or not the movie trade in the US, together with labor unions that symbolize writers, ought to develop higher requirements for evaluating worldwide movies from “censor-heavy markets.”
“Ought to there be norms in place?” Professor Schwartz mentioned. “Ought to these corporations do higher not as a result of they must legally, however as a result of it’s the suitable factor to do?”
Liu Yi contributed analysis.
Business
Albania Gives Jared Kushner Hotel Project a Nod as Trump Returns
The government of Albania has given preliminary approval to a plan proposed by Jared Kushner, Donald J. Trump’s son-in-law, to build a $1.4 billion luxury hotel complex on a small abandoned military base off the coast of Albania.
The project is one of several involving Mr. Trump and his extended family that directly involve foreign government entities that will be moving ahead even while Mr. Trump will be in charge of foreign policy related to these same nations.
The approval by Albania’s Strategic Investment Committee — which is led by Prime Minister Edi Rama — gives Mr. Kushner and his business partners the right to move ahead with accelerated negotiations to build the luxury resort on a 111-acre section of the 2.2-square-mile island of Sazan that will be connected by ferry to the mainland.
Mr. Kushner and the Albanian government did not respond Wednesday to requests for comment. But when previously asked about this project, both have said that the evaluation is not being influenced by Mr. Kushner’s ties to Mr. Trump or any effort to try to seek favors from the U.S. government.
“The fact that such a renowned American entrepreneur shows his interest on investing in Albania makes us very proud and happy,” a spokesman for Mr. Rama said last year in a statement to The New York Times when asked about the projects.
Mr. Kushner’s Affinity Partners, a private equity company backed with about $4.6 billion in money mostly from Saudi Arabia and other Middle East sovereign wealth funds, is pursuing the Albania project along with Asher Abehsera, a real-estate executive that Mr. Kushner has previously teamed up with to build projects in Brooklyn, N.Y.
The Albanian government, according to an official document recently posted online, will now work with their American partners to clear the proposed hotel site of any potential buried munitions and to examine any other environmental or legal concerns that need to be resolved before the project can move ahead.
The document, dated Dec. 30, notes that the government “has the right to revoke the decision,” depending on the final project negotiations.
Mr. Kushner’s firm has said the plan is to build a five-star “eco-resort community” on the island by turning a “former military base into a vibrant international destination for hospitality and wellness.”
Ivanka Trump, Mr. Trump’s daughter, has said she is helping with the project as well. “We will execute on it,” she said about the project, during a podcast last year.
This project is just one of two major real-estate deals that Mr. Kushner is pursuing along with Mr. Abehsera that involve foreign governments.
Separately, the partnership received preliminary approval last year to build a luxury hotel complex in Belgrade, Serbia, in the former ministry of defense building, which has sat empty for decades after it was bombed by NATO in 1999 during a war there.
Serbia and Albania have foreign policy matters pending with the United States, as both countries seek continued U.S. support for their long-stalled efforts to join the European Union, and officials in Washington are trying to convince Serbia to tighten ties with the United States, instead of Russia.
Virginia Canter, who served as White House ethics lawyer during the Obama and Clinton administrations and also an ethics adviser to the International Monetary Fund, said even if there was no attempt to gain influence with Mr. Trump, any government deal involving his family creates that impression.
“It all looks like favoritism, like they are providing access to Kushner because they want to be on the good side of Trump,” Ms. Canter said, now with State Democracy Defenders Fund, a group that tracks federal government corruption and ethics issues.
Business
Craft supplies retailer Joann declares bankruptcy for the second time in a year
The craft supplies and fabric retailer Joann filed for bankruptcy for the second time in less than a year, as the chain wrestles with declining sales and inventory shortages, the company said Wednesday.
The retailer emerged from a previous Chapter 11 bankruptcy process last April after eliminating $505 million in debt. Now, with $615 million in liabilities, the company will begin a court-supervised sale of its assets to repay creditors. The company owes an additional $133 million to its suppliers.
“We hope that this process enables us to find a path that would allow Joann to continue operating,” said interim Chief Executive Michael Prendergast in a statement. “The last several years have presented significant and lasting challenges in the retail environment, which, coupled with our current financial position and constrained inventory levels, forced us to take this step.”
Joann’s more than 800 stores and websites will remain open throughout the bankruptcy process, the company said, and employees will continue to receive pay and benefits. The Hudson, Ohio-based company was founded in 1943 and has stores in 49 states, including several in Southern California.
According to court documents, Joann began receiving unpredictable and inconsistent deliveries of yarn and sewing items from its suppliers, making it difficult to keep its shelves stocked. Joann’s suppliers also discontinued certain items the retailer relied on.
Along with the “unanticipated inventory challenges,” Joann and other retailers face pressure from inflation-wary consumers and interest rates that were for a time the highest in decades. The crafts supplier has also been hindered by competition from others in the space, including Michael’s, Etsy and Hobby Lobby, said Retail Wire Chief Executive Dominick Miserandino.
“It did not necessarily learn to evolve like its nearby competitors,” Miserandino said of Joann. “Not many people have heard of Joann in the way they’ve heard of Michael’s.”
Joann is not the first retailer to continue to struggle after going through bankruptcy. The party supply chain Party City announced last month it would be shutting down operations, after filing for and emerging from Chapter 11 bankruptcy in 2023.
Over the last two years, more than 60 companies have filed for bankruptcy for a second or third time, Bloomberg reported, based on information from BankruptcyData. That’s the most over a comparable period since 2020, when the COVID-19 pandemic kept shoppers home.
Discount chain Big Lots filed for bankruptcy last September, and the Container Store, a retailer offering storage and organization products, declared bankruptcy last month. Companies that rely heavily on brick-and-mortar locations are scrambling to keep up with online retailers and big-box chains. Fast-casual restaurants such as Red Lobster and Rubio’s Coastal Grill have also struggled.
High prices have prompted consumers to pull back on discretionary spending, while rising operating and labor costs put additional pressure on businesses, experts said. The U.S. annual inflation rate for 2024 was 2.9%, down from 3.4% in 2023. But inflation has been on the rise since September and remains above the Federal Reserve’s goal of 2%.
If a sale process for Joann is approved, Gordon Brothers Retail Partners would serve as the stalking-horse bidder and set the floor for the auction.
Business
U.S. Sues Southwest Airlines Over Chronic Delays
The federal government sued Southwest Airlines on Wednesday, accusing the airline of harming passengers who flew on two routes that were plagued by consistent delays in 2022.
In a lawsuit, the Transportation Department said it was seeking more than $2.1 million in civil penalties over the flights between airports in Chicago and Oakland, Calif., as well as Baltimore and Cleveland, that were chronically delayed over five months that year.
“Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times,” the transportation secretary, Pete Buttigieg, said in a statement. “Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections.”
Carriers are barred from operating unrealistic flight schedules, which the Transportation Department considers an unfair, deceptive and anticompetitive practice. A “chronically delayed” flight is defined as one that operates at least 10 times a month and is late by at least 30 minutes more than half the time.
In a statement, Southwest said it was “disappointed” that the department chose to sue over the flights that took place more than two years ago. The airline said it had operated 20 million flights since the Transportation Department enacted its policy against chronically delayed flights more than a decade ago, with no other violations.
“Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years,” Southwest said.
Last year, Southwest canceled fewer than 1 percent of its flights, but more than 22 percent arrived at least 15 minutes later than scheduled, according to Cirium, an aviation data provider. Delta Air Lines, United Airlines, Alaska Airlines and American Airlines all had fewer such delays.
The lawsuit was filed in the United States District Court for the Northern District of California. In it, the government said that a Southwest flight from Chicago to Oakland arrived late 19 out of 25 trips in April 2022, with delays averaging more than an hour. The consistent delays continued through August of that year, averaging an hour or more. On another flight, between Baltimore and Cleveland, average delay times reached as high as 96 minutes per month during the same period. In a statement, the department said that Southwest, rather than poor weather or air traffic control, was responsible for more than 90 percent of the delays.
“Holding out these chronically delayed flights disregarded consumers’ need to have reliable information about the real arrival time of a flight and harmed thousands of passengers traveling on these Southwest flights by causing disruptions to travel plans or other plans,” the department said in the lawsuit.
The government said Southwest had violated federal rules 58 times in August 2022 after four months of consistent delays. Each violation faces a civil penalty of up to $37,377, or more than $2.1 million in total, according to the lawsuit.
The Transportation Department on Wednesday also said that it had penalized Frontier Airlines for chronically delayed flights, fining the airline $650,000. Half that amount was paid to the Treasury and the rest is slated to be forgiven if the airline has no more chronically delayed flights over the next three years.
This month, the department ordered JetBlue Airways to pay a $2 million fine for failing to address similarly delayed flights over a span of more than a year ending in November 2023, with half the money going to passengers affected by the delays.
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