The world of documentary filmmaking is facing a unique challenge, one that threatens to impact the very fabric of historical storytelling. The impending merger between Paramount and Warner Bros. Discovery has sparked concerns among documentary filmmakers, particularly regarding the future of archival footage. This issue goes beyond the business of media conglomerates; it delves into the heart of how we preserve and present our shared history.
The Archival Conundrum
Archival footage is an invaluable resource for documentary filmmakers, offering a window into the past and providing context for contemporary issues. However, the control and accessibility of these archives are now in question. With the potential merger, Paramount would gain access to an extensive collection of news footage, including CBS News' 85 years of coverage and CNN's vast archive, spanning over 45 years of global events.
A Shift in Perspective
The appointment of Bari Weiss as editor-in-chief of CBS News under David Ellison's leadership has raised eyebrows. Critics argue that this move coincides with a conservative shift in the network's coverage, leading to concerns about the potential bias in archival access. Veteran documentary filmmaker Sam Pollard highlights the impact this merger could have, not just financially but also socially and politically.
Access Denied
The concern is not unfounded. The archives of major news networks are not open repositories; they are governed by commercial licensing systems. Access requires significant payments, disclosure of editorial purpose, legal review, and approval. This process gives the rights holders, such as Disney, Getty, and Warner Bros. Discovery, control over the licensing and context of the archival material.
A Trend Towards Consolidation
The Archival Producers Alliance (APA) warns that bringing CBS News and CNN's archives under one corporate entity could restrict access to crucial news footage and raise questions about editorial control. Stephanie Jenkins, an APA co-founder, believes this merger could lead to restrictions on the use of historic materials, whether through higher pricing, limited usage, or political bias.
Past Precedents
Rachel Antell, also an APA co-founder, points to a similar situation in 2019 when The Walt Disney Company restricted the licensing of ABC News footage to Disney-owned outlets only. This policy change denied independent documentaries access to valuable archival material, highlighting the potential dangers of corporate consolidation.
The Impact on Storytelling
Writer and producer P.G. Morgan emphasizes that this issue is not just about censorship but also about the loss of diverse perspectives. Christine Fall, an archival producer, notes that archive houses have become more cautious, asking more questions about the use of their material. This intensification is partly due to legal battles with the Trump administration, making it challenging for filmmakers to tell critical or controversial stories.
Fair Use vs. Corporate Control
Fair use is a legal principle that allows the unlicensed use of copyrighted works in certain circumstances, promoting freedom of expression. However, independent production teams often face higher license fees, spending three to four times more than high-budget projects commissioned by major licensees like Netflix or HBO. As archives consolidate, prices soar, making certain stories financially unattainable for independent filmmakers.
A Global Concern
Juan Andrés Bello, a documentary researcher and producer, emphasizes that the consolidation of archival houses is not just a U.S. issue. These American news archives are essential for understanding global affairs, and any limitations on access will impact research and knowledge dissemination worldwide.
The Fight Against Consolidation
The APA has endorsed the Future Film Coalition's Block the Merger Campaign, which aims to raise awareness about the adverse impacts of the merger. In the U.S., Paramount has agreed to delay the deal until June 1, 2027, as a federal antitrust trial is scheduled for March 2, 2027. Christine Fall sums up the concern, stating that the trend has been towards minimizing access and adding gatekeepers, a worrying development for those who value the free flow of historical information.
Conclusion
The potential merger between Paramount and Warner Bros. Discovery raises critical questions about the future of documentary filmmaking and our ability to access and interpret historical events. As the battle for control over archival footage continues, it remains to be seen how this will shape the stories we tell and the perspectives we present.
