Falling (partially found Richard Dutcher mormon drama film; 2008): Difference between revisions
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In 2015, Dutcher filed a lawsuit against Bold Films, Open Road Films, and NBC Universal, claiming their 2014 film ''Nightcrawler'' starring Jake Gyllenhaal plagiarized his movie. As both films feature freelance LA stringers who record violent crime scenes for TV news outlets, Dutcher's lawyer Stephen Silverman claimed that ''Nightcrawler'' had enough similarities to ''Falling'' that under Copyright Law, it must be considered a "derivative work." <ref>[http://archive.sltrib.com/article.php?id=2199122&itype=CMSID Lawsuit report in Salt Lake Tribune.] Retrieved 08 Jan '19</ref> | In 2015, Dutcher filed a lawsuit against Bold Films, Open Road Films, and NBC Universal, claiming their 2014 film ''Nightcrawler'' starring Jake Gyllenhaal plagiarized his movie. As both films feature freelance LA stringers who record violent crime scenes for TV news outlets, Dutcher's lawyer Stephen Silverman claimed that ''Nightcrawler'' had enough similarities to ''Falling'' that under Copyright Law, it must be considered a "derivative work." <ref>[http://archive.sltrib.com/article.php?id=2199122&itype=CMSID Lawsuit report in Salt Lake Tribune.] Retrieved 08 Jan '19</ref> | ||
After three years where the suit survived dismal motions and summary judgments, U.S. District Judge Dee Benson agreed that the two works had enough substantial similarities for the case to go before a jury. This was halted due to the bankruptcy of Open Road Films in September 2018.<ref>[https:// | After three years where the suit survived dismal motions and summary judgments, U.S. District Judge Dee Benson agreed that the two works had enough substantial similarities for the case to go before a jury. This was halted due to the bankruptcy of Open Road Films in September 2018.<ref>[https://hollywoodreporter.com/thr-esq/filmmaker-urges-open-road-bankruptcy-judge-unpause-nightcrawler-copyright-lawsuit-1153890 Hollywood Reporter article.] Retrieved 08 Jan '19</ref> The trial was scheduled for April 2019, but it did not occur.<ref>[https://hollywoodreporter.com/thr-esq/will-be-year-originality-entertainment-goes-trial-1183719 Lawsuit mentioned in Hollywood Reporter article.] Retrieved 12 Feb '19</ref> | ||
On August 19th, 2019, Benson ultimately dismissed the case, claiming that the similar elements are a necessary component for films dealing with stringers and that the two films are too thematically different for there to be any major copyright infringement.<ref>[https:// | On August 19th, 2019, Benson ultimately dismissed the case, claiming that the similar elements are a necessary component for films dealing with stringers and that the two films are too thematically different for there to be any major copyright infringement.<ref>[https://indiewire.com/2019/08/nightcrawler-lawsuit-jake-gyllenhaal-falling-richard-dutcher-stringer-1202167060/ IndieWire article on the final verdict.] Retrieved 21 Aug '19</ref> | ||
A few court documents have been made available, which can be accessed through [https:// | A few court documents have been made available, which can be accessed through [https://courtlistener.com/docket/4402991/dutcher-v-bold-films/ CourtListener.] | ||
==Plot== | ==Plot== | ||
According to the dismissal document, ''Falling'' is an LDS centric morality tale. The film focuses on aspiring screenwriter Eric Boyle (Dutcher) and aspiring actress Davey, a happily married couple who moved to Hollywood to pursue their ambitions while their LDS beliefs lapsed. Their aspirations have turned fruitless, and to make money, Eric works as a freelance stringer to film violent crime scenes during the daytime for local news. | According to the dismissal document, ''Falling'' is an LDS-centric morality tale. The film focuses on aspiring screenwriter Eric Boyle (Dutcher) and aspiring actress Davey, a happily married couple who moved to Hollywood to pursue their ambitions while their LDS beliefs lapsed. Their aspirations have turned fruitless, and to make money, Eric works as a freelance stringer to film violent crime scenes during the daytime for local news. | ||
Because of the compromises they had to take, with Eric making his work more violent and Davey getting into an affair with a casting director just to land a part in his movie, their marriage begins to crumble, and they become emotionally wrecked. Eric even longs for his LDS belief to return. | Because of the compromises, they had to take, with Eric making his work more violent and Davey getting into an affair with a casting director just to land a part in his movie, their marriage begins to crumble, and they become emotionally wrecked. Eric even longs for his LDS belief to return. | ||
The climax kicks in when Eric notices a gang stabbing and shoots the events as they unfold. Instead of helping the victim, he sells the footage for a fortune. Davey meanwhile poses nude at an audition while kissing the casting director simply to earn the role. This culminates in the destruction of the couple's marriage and their spiritual collapse. | The climax kicks in when Eric notices a gang stabbing and shoots the events as they unfold. Instead of helping the victim, he sells the footage for a fortune. Davey meanwhile poses nude at an audition while kissing the casting director simply to earn the role. This culminates in the destruction of the couple's marriage and their spiritual collapse. | ||
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==Release== | ==Release== | ||
Before the film's brief theatrical window, Dutcher stated that due to the personal content of the film, it would never be shown to the public. ''Falling'' held a private screening at Sunstone in 2007<ref>[https:// | Before the film's brief theatrical window, Dutcher stated that due to the personal content of the film, it would never be shown to the public. ''Falling'' held a private screening at Sunstone in 2007<ref>[https://sunstonemagazine.com/on-violence-and-richard-dutchers-falling/ Sunstone review.] Retrieved 08 Jan '19</ref> before being shown at The Gateway Theater in Utah on January 2008<ref>[http://archive.sltrib.com/article.php?id=7999403&itype=NGPSID Report overview in Salt Lake Tribune.] Retrieved 08 Jan '19</ref> and the Beverly Hills Music Hall in August.<ref>[http://articles.latimes.com/2008/aug/19/entertainment/et-mormon19 LA Times report.] Retrieved 08 Jan '19</ref> There were plans for releases in New York and Chicago, but they fell through. | ||
''Falling'' was later shown at the Camelot Theatres in California in 2009<ref>[http:// | ''Falling'' was later shown at the Camelot Theatres in California in 2009<ref>[http://desertfilmsociety.org/archive/2009/films/falling.html Screening details.] Retrieved 08 Jan '19</ref> and a VIP screening at Sundance was held in 2011.<ref>[https://youtu.be/HEJPOQk3RQM Video of the event.] Retrieved 08 Jan '19</ref> A year prior, in a video interview with ''Mormon Stories'', Dutcher stated that he actually does want the film to get a public release but wants to "piggyback" it off of his more mainstream film ''Evil Angel'' (which is commercially available internationally but it has no official US release).<ref>[https://mormonstories.org/podcast/195-199-richard-dutcher-a-mormon-filmmakers-journey/ Mormon Stories interview.] Retrieved 08 Jan '19</ref> | ||
In 2012, ''Falling'' was officially re-released at the Broadway Centre Cinemas in Salt Lake City. Dutcher clarified in an interview that he initially wanted to keep the film to himself, but his girlfriend convinced him otherwise.<ref>[http://archive.sltrib.com/article.php?id=53940921&itype=CMSID Salt Lake Tribune article on the re-release.] Retrieved 08 Jan '19</ref> While he has stated that the film would get a wide DVD release, this has not yet materialized. | In 2012, ''Falling'' was officially re-released at the Broadway Centre Cinemas in Salt Lake City. Dutcher clarified in an interview that he initially wanted to keep the film to himself, but his girlfriend convinced him otherwise.<ref>[http://archive.sltrib.com/article.php?id=53940921&itype=CMSID Salt Lake Tribune article on the re-release.] Retrieved 08 Jan '19</ref> While he has stated that the film would get a wide DVD release, this has not yet materialized. | ||
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==Availability== | ==Availability== | ||
While ''Falling'' remains unavailable for public viewing, two versions of the trailer are available online: a green band version on IMDb and a red band version on YouTube. In addition, Stephen Silverman released three clips on YouTube and two comparison videos | While ''Falling'' remains unavailable for public viewing, two versions of the trailer are available online: a green band version on IMDb and a red band version on YouTube. In addition, Stephen Silverman released three clips on YouTube and two comparison videos in support of the ''Nightcrawler'' suit. As of October 2020, however, these clips were taken down. Dutcher himself used another clip for his acting reel, but it too was removed. Brief inaudible clips were also featured in the ''Mormon Stories'' video interview where Dutcher talks about ''Falling'' in detail. Finally, three audio-only clips were used when Dutcher was interviewed on both CityViews<ref>[https://kcpw.org/blog/cityviews/2012-04-27/cityviews-43012-director-richard-dutcherlearning-about-lupus/ CityViews interview.] Retrieved 08 Jan '19</ref> and RadioWest, though the latter interview is no longer on its site.<ref>[http://radiowest.kuer.org/post/filmmaker-richard-dutcher RadioWest profile.] Retrieved 08 Jan '19</ref> Fortunately, the [http://cpa.ds.npr.org/radiowest/audio/2012/05/rw051012.mp3 audio file] has been uncovered via an archived page of RadioWest's site from 2012. | ||
==Trailer== | ==Trailer== | ||
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}} | }} | ||
==External Links== | ==External Links== | ||
*[https:// | *[https://imdb.com/title/tt0790660/ IMDb page on ''Falling''.] | ||
*[https://web.archive.org/web/20080514010603/http://www.fallingmovie.com/ An archived page for the (now-defunct) official ''Falling'' website.] | *[https://web.archive.org/web/20080514010603/http://www.fallingmovie.com/ An archived page for the (now-defunct) official ''Falling'' website.] | ||
*[https:// | *[https://plainsite.org/dockets/2kcagx7a7/utah-district-court/dutcher-v-bold-films-et-al/ Dutcher v. Bold Films at PlainSite.] | ||
==References== | ==References== | ||
Revision as of 21:23, 14 February 2023
This article has been tagged as NSFL due to its disturbing subject matter.
Poster.
Status: Partially Found
Falling was an independent drama film written, directed, and starring Richard Dutcher, known for his LDS-themed movies. Dubbed "The First R-rated Mormon Movie" during its brief theatrical run in 2008[1], the film has yet to receive a home media release on any platform.
Nightcrawler Lawsuit
In 2015, Dutcher filed a lawsuit against Bold Films, Open Road Films, and NBC Universal, claiming their 2014 film Nightcrawler starring Jake Gyllenhaal plagiarized his movie. As both films feature freelance LA stringers who record violent crime scenes for TV news outlets, Dutcher's lawyer Stephen Silverman claimed that Nightcrawler had enough similarities to Falling that under Copyright Law, it must be considered a "derivative work." [2]
After three years where the suit survived dismal motions and summary judgments, U.S. District Judge Dee Benson agreed that the two works had enough substantial similarities for the case to go before a jury. This was halted due to the bankruptcy of Open Road Films in September 2018.[3] The trial was scheduled for April 2019, but it did not occur.[4]
On August 19th, 2019, Benson ultimately dismissed the case, claiming that the similar elements are a necessary component for films dealing with stringers and that the two films are too thematically different for there to be any major copyright infringement.[5]
A few court documents have been made available, which can be accessed through CourtListener.
Plot
According to the dismissal document, Falling is an LDS-centric morality tale. The film focuses on aspiring screenwriter Eric Boyle (Dutcher) and aspiring actress Davey, a happily married couple who moved to Hollywood to pursue their ambitions while their LDS beliefs lapsed. Their aspirations have turned fruitless, and to make money, Eric works as a freelance stringer to film violent crime scenes during the daytime for local news.
Because of the compromises, they had to take, with Eric making his work more violent and Davey getting into an affair with a casting director just to land a part in his movie, their marriage begins to crumble, and they become emotionally wrecked. Eric even longs for his LDS belief to return.
The climax kicks in when Eric notices a gang stabbing and shoots the events as they unfold. Instead of helping the victim, he sells the footage for a fortune. Davey meanwhile poses nude at an audition while kissing the casting director simply to earn the role. This culminates in the destruction of the couple's marriage and their spiritual collapse.
When Davey tells Eric that she had to get an abortion for her movie role, he violently chokes her. Things take a turn for the worse when Eric finds his boss murdered by the same gang members he shot while discovering that they obtained his address. They then proceed to stage Davey's suicide before he returns home. Finally, Eric spots the gang, and they get into a lengthy and gratuitous fight where they all die.
Eric hallucinates a visit to the LDS Temple, where he kneels before the Christus, begging for spiritual assistance before passing away.
Release
Before the film's brief theatrical window, Dutcher stated that due to the personal content of the film, it would never be shown to the public. Falling held a private screening at Sunstone in 2007[6] before being shown at The Gateway Theater in Utah on January 2008[7] and the Beverly Hills Music Hall in August.[8] There were plans for releases in New York and Chicago, but they fell through.
Falling was later shown at the Camelot Theatres in California in 2009[9] and a VIP screening at Sundance was held in 2011.[10] A year prior, in a video interview with Mormon Stories, Dutcher stated that he actually does want the film to get a public release but wants to "piggyback" it off of his more mainstream film Evil Angel (which is commercially available internationally but it has no official US release).[11]
In 2012, Falling was officially re-released at the Broadway Centre Cinemas in Salt Lake City. Dutcher clarified in an interview that he initially wanted to keep the film to himself, but his girlfriend convinced him otherwise.[12] While he has stated that the film would get a wide DVD release, this has not yet materialized.
According to the complaint document, Dutcher released a limited number of DVDs and planned to push it out on DVD/Blu-ray in 2015. He also planned on a "mass-market" remake of Falling with a new cast but claimed that the release of Nightcrawler divested this chance.
Availability
While Falling remains unavailable for public viewing, two versions of the trailer are available online: a green band version on IMDb and a red band version on YouTube. In addition, Stephen Silverman released three clips on YouTube and two comparison videos in support of the Nightcrawler suit. As of October 2020, however, these clips were taken down. Dutcher himself used another clip for his acting reel, but it too was removed. Brief inaudible clips were also featured in the Mormon Stories video interview where Dutcher talks about Falling in detail. Finally, three audio-only clips were used when Dutcher was interviewed on both CityViews[13] and RadioWest, though the latter interview is no longer on its site.[14] Fortunately, the audio file has been uncovered via an archived page of RadioWest's site from 2012.
Trailer
External Links
- IMDb page on Falling.
- An archived page for the (now-defunct) official Falling website.
- Dutcher v. Bold Films at PlainSite.
References
- ↑ Billboard image with commentary. Retrieved 08 Jan '19
- ↑ Lawsuit report in Salt Lake Tribune. Retrieved 08 Jan '19
- ↑ Hollywood Reporter article. Retrieved 08 Jan '19
- ↑ Lawsuit mentioned in Hollywood Reporter article. Retrieved 12 Feb '19
- ↑ IndieWire article on the final verdict. Retrieved 21 Aug '19
- ↑ Sunstone review. Retrieved 08 Jan '19
- ↑ Report overview in Salt Lake Tribune. Retrieved 08 Jan '19
- ↑ LA Times report. Retrieved 08 Jan '19
- ↑ Screening details. Retrieved 08 Jan '19
- ↑ Video of the event. Retrieved 08 Jan '19
- ↑ Mormon Stories interview. Retrieved 08 Jan '19
- ↑ Salt Lake Tribune article on the re-release. Retrieved 08 Jan '19
- ↑ CityViews interview. Retrieved 08 Jan '19
- ↑ RadioWest profile. Retrieved 08 Jan '19