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Deleting and destroying finished movies

rogerebert.com

31–40 of 369 posts

Re: Deleting and destroying finished movies

#31
"Why deleting finished programs should be a crime."

Be honest, at least some of you have finished a project before deciding to axe it instead of publishing it. It is any creators right to decide not to publish something.

If the issue is the tax treatment of these circumstances, then fix that.

Re: Deleting and destroying finished movies

#32
post #15

Earlier quoted context omitted.

>Writing that off as a loss should be considered fraud, especially when there's an offer for it. From wikipedia: >In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Where's the deception here?

That they lost money on the film.

If you spent a bunch of time and resources making a movie, and then decide to shred it, did you not lose money?

Re: Deleting and destroying finished movies

#33
post #27
post #19

Earlier quoted context omitted.

That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. They would rather delete the movie to claim the tax break than sell it to another studio offering more than the tax break. If you think they actually lost that amount of money: https://en.wikipedia.org/wiki/Hollywood_accounting

> That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. Did they not incur such losses? Did they claim to delete the movie but actually kept a backup? Granted, the loss is self-inflicted, but that's not a relevant factor in the tax code.

If I burn down my house and claim insurance or tax losses, they’ll laugh and send me to jail. Explain how a corporation doing the effectively the same thing should get a write off. It’s a sham.

Re: Deleting and destroying finished movies

#34

Where do you draw the line? If an artist pays a model and paints her, is the artist to be prohibited from destroying the painting because it sucks, and because the model wants credit? What about a music producer who pays a studio band to record a song that turns out to be terrible -- is the producer prohibited from deleting it? It's the tax write off for destruction that's fucked up, as @cnees says. Failures are part…

I don't think they need to claim that "no one would pay even $1 for the rights to the movie in its current state" but rather the lesser "in our judgment, the best thing for us as a profit-seeking studio is for us to not release this movie".

Damage to the Batgirl franchise brand, damage to the studio reputation, damage to the relationship with the stars, legal fees, etc. could all be reasonably factored in to the studio's judgment to scrap the current WIP.

Re: Deleting and destroying finished movies

#35
post #27
post #19

Earlier quoted context omitted.

That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. They would rather delete the movie to claim the tax break than sell it to another studio offering more than the tax break. If you think they actually lost that amount of money: https://en.wikipedia.org/wiki/Hollywood_accounting

> That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. Did they not incur such losses? Did they claim to delete the movie but actually kept a backup? Granted, the loss is self-inflicted, but that's not a relevant factor in the tax code.

We aren't arguing that it's tax fraud by definition, but that it should be considered fraud. If the tax code incentivizes destroying something then that seems like a defect of the tax code.

Re: Deleting and destroying finished movies

#36
post #27
post #19

Earlier quoted context omitted.

That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. They would rather delete the movie to claim the tax break than sell it to another studio offering more than the tax break. If you think they actually lost that amount of money: https://en.wikipedia.org/wiki/Hollywood_accounting

> That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. Did they not incur such losses? Did they claim to delete the movie but actually kept a backup? Granted, the loss is self-inflicted, but that's not a relevant factor in the tax code.

Destroying a movie to claim the tax break is analogous to burning your house down for the insurance money or to claim a casualty loss. Yes, you really did lose your house. No, you are not entitled to claim it as a write-off.

Re: Deleting and destroying finished movies

#37
post #3
post #2

The contrary argument, that a creator has the right to destroy their creation, is made in the Gary Cooper movie "The Fountainhead" (1949).

Even then it's not quite an apples to apples comparison. From what I understand, everyone directly involved in the making of this film is proud of the work and wants it to be released, it's just the bean counters and executives (who I would not consider the "creators" of the film) who want to destroy the creation for ego and tax reasons.

You're right, it's just part of the absurdity of Rand's vision. In the real world people do work and create something, but some bean counters figure out the heirs who own the majority stake of a company can make a few more bucks by destroying the thing, so it is done.

Re: Deleting and destroying finished movies

#38
post #13

Earlier quoted context omitted.

It's not "robbing the people paying taxes" because the money was never theirs to begin with. Taxes are paid on profits, and if profits are not made they're not owed. Suppose I make a painting worth $1000. If I had sold that, I would have been required to pay taxes on that at the marginal rate, say 40% so $400 worth of taxes. Instead of doing that, I set it on fire. Does that mean I just robed taxpayers of $400?

It's not setting the fire which causes taxpayers to lose money, it's writing off the loss against taxes you would have otherwise paid on profits made from other movies.

Not an accountant, but tax write-offs aren't some sort of no tax glitch that you make them seem. You can only deduct losses that you've actually suffered, not imaginary losses. If you spent $10M into making a movie, you can't value the movie at $80M and then use that against all your other revenues to pay less taxes. If this were true every company would be making fake movies to destroy and pay less taxes, not destroy actual movies that they spent millions on.

Re: Deleting and destroying finished movies

#39

Seems like a less controversial solution would be to allow the same tax write-off if the studio releases the film for free distribution (e.g. via the Internet Archive), either into the public domain, or under a license like Creative Commons Noncommercial if there's concern about implicitly allowing derivative works by competitors or similar.

I think the tax writeoff should only be available for doing something like that. It's insane that corporations failing at ventures is so incentivised that they'll fail on purpose, and we shouldn't be offering tax breaks for behavior that serves no public good

This kind of law is especially offensive in the context of rhetoric about social programs, wherein we create all sorts of onerous means-testing on the logic that someone, somewhere might actually be incentivized to use social services to ameliorate various forms of poverty and destitution

In both cases, there is a balancing act wherein allowing too many false positives can create perverse incentives, and allowing too many false negatives fails to accomplish what the policy set out to do. I think a massive corporation taking a loss for making something unpopular is not an outcome we should be trying to prevent with government programs at all, but we are consistently prioritizing it over preventing outcomes like homelessness

Re: Deleting and destroying finished movies

#40
post #27
post #19

Earlier quoted context omitted.

That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. They would rather delete the movie to claim the tax break than sell it to another studio offering more than the tax break. If you think they actually lost that amount of money: https://en.wikipedia.org/wiki/Hollywood_accounting

> That they actually incurred the losses they claim to have incurred, so they get a tax break. The taxpayer is defrauded. Did they not incur such losses? Did they claim to delete the movie but actually kept a backup? Granted, the loss is self-inflicted, but that's not a relevant factor in the tax code.

You make a good point. When somebody says something should be illegal, the clever route of discussion is to repeatedly point out that it is not currently illegal — a fact that both of you agree about, since that is the premise for making the statement that it should be illegal.
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