The Court of Appeals issued an order in the case of Joe Berlinger, a day after hearing arguments from attorneys for both the filmmaker and for Chevron, which underscores the court's recognition of the urgency
involved in such matters. Berlinger had been ordered by the trial court to turn over 600 hours from his documentary Crude to Chevron.
This order is a partial victory for both sides. Chevron gets some but not all of what it wants. Berlinger has to turn over some, but not all 600 hours of footage. The many hours of footage that he gathered alone with the plaintiffs and their families, friends, and neighbors has all been protected. What is important to the documentary community is that--for the first time in this kind of case--the court is restricting Chevron on how it uses the footage: Chevron can only use it for litigation, arbitration or submission to official bodies. The company cannot use the footage in publicity or promotional materials. The documentary community is awaiting the final order of the court because it should give detailed discussion of the courts thinking and provide guidelines to help documentary filmmakers in the future.
It is important to note that the many hours of footage that Berlinger gathered as he talked to the victims and their families does not have to be turned over pursuant to this order. In terms of the trust and confidence that is at the heart of investigative filmmaking this is a very important element of the order.
For the complete order from the Court of Appeals, click here.
Here's an article about the decision in The New York Times.
Photo: Juan Diego Perez