WEDNESDAY. APRIL 30, 1997 B1

Technology: Digital gets new day in court afterjudge throws out verdict Page B5*

Law; New York's lawyer-complaint proposal irks consumer groups Page B6,

Remake of 'Lolita' Is Rebuffed by Distributors

By John Lippman scared off by the pedophile theme, which is EVEN THOSE studios Producing a film before lining up a StaJS nejiorJt'i' oj Tiir; Wai.i. S tukft JounNAi. presented far more grai)hically than in the distributor isn't unusual; many modestly "Lolila" is getting a cold shoulder from original 1962 "Lolita" starring James Ma that aren't so concerned budgeted independent films don't get dis Hoiijuvood. son and Sue Lyon. In the new film, Jeremy tributors until they are shown at a film The SSO million film - the second to be Irons plays the degenerate former college about issues of taste festival. But for a movie that costs as much based on tlie Vladimir Nabokov novel instructor Humbert Humbert; and un to make as "Lolila." a producer usually about a middle-aged man's obsession with known Dominique Swain, a Ifj-year-old are leery about the presells rights, often by getting a Holly high-school student from Malibu, Calif., wood studio to put up some of the produc MOVIES plays the title role. movie's finances. tion costs in exchange for either domestic Hollywood is hardly skittish about or foreign distribution rights. Critics say a 12-year-old girl - was completed more decency. the producers of "Lolita" spent far loo than a year ago by French conglom movies with shocking sexual themes; cur The filmmakers also made some con rently In distribution are New Line Cin much for the film based on its potential erate Cliargeurs SA. But the filmmakers cessions. Mr. Lyne - known for such fare audience, especially without a U.S. part ema's "Crash," a movie about people never lined up a distributor for the crucial as "Fatal Attraction" - initally filmed one ner to share the risks. U.S. market - and now they are having sexually aroused by car crashes, and bedroom scene where Lolita. reading a The producers "made a $5(1 million art trouble finding a studio that will take on "Kissed." the Samuel Goldwyn Co. release comic book, chewing bubble gum and film," says one studio executive who at the controversial picture. about a woman embalmer who has sex wearing only a pajama top, sits astride Mr. tended a screening. "Lolila" is "beau Cliargeurs last year spun off its enter with male corpses. But "Lolita" is "a Irons while the actors simulate inter tifully shot, well-acted and very disturb tainment assets, including "Lolita," into a political hot potato," says Jonathan Dana, course. A 19-year-old "body double" was separate company. Pathe SA. To strike a a film-marketing considlant. "Anything used for parts of the scene. A spokes ing," he says. But when art films work, he adds, they typically earn $30 million to $35 deal in Hollywood, P;ithe is counting on with sex with underage kids is the last woman for the movie says that the scene Jeffrey Berg, chairman of talent agency taboo. People are afraid to touch it." has been heavily edited and that liic R million at the box office. Inteniational Creative Management, Indeed, Hollywood is under increasing rating was gi-antcd without any revisions People familiar with the production say which represents "Lolita" director Adrian attack from politicians who decry the or cuts. the original budget was in the $10 million Lyne. So far, Time Warner Inc.'s Warner increasingly graphic depiction of sex and Even those studios that aren't so con neighborhood but grew to more than $50 Bros., Sony Corp.'s Sony Pictures, Viacom violence in music, film and television. Last cerned about issues of taste are leery about million before shooting was finished and fnc.'s Paramount Pictures, News Corp.'s year, President Clinton signed the Child the movie's finances. Pathe has been has now climbed to $65 million after inter Fox and Seagram Co.'s Universal have all Pornography Prevention Act of 1996 which seeking $29 million for U.S. rights, but a est costs on its financing are included. declined. The studios are worried not only makes it illegal to depict a minor engaging studio would probably have to spend $15 Tlie new "Lolita" was hatched In 1990 about the film's risky subject but also in a sex\ial act. The wording of the law is million to $20 million to market and distrib when Mario Kassar, the former chairman about its risky economics. broad enough that some think it could ute the film. If it isn't a big box-office of now-defunct Carolco Pictures, bought Although the film has little nudity and apply to "I.x)lita." hut lawyers hired by the siicce.ss. the studio would be hard pressed the rights to the novel from ttie Nabokov got an R rating rather than the tougher producers to vet this particular issue are to get its money back, let alone make a estate and immediately engaged Mr. Lyne NC-17. studio executives say they were satisfied the film falls within the bounds of profit. Please Turn to Page B7, Column S Producers of 'Lolita' Are HavingDifficulty Findinga Distributor

Continued From Page B1 as the director. They hired three separate screenwriters - James Dearden and the playwrights Harold Pinter and David Ma- met - to fashion a script before settling on Stephen Schiff. a magazine writer at the New Yorker who had never written a produced screenplay. After Carolco went bankrupt, Mr. Kassar got Chargeurs to finance the movie. Costs of "Lolita" escalated because of the unorthodox way it was filmed. For starters, a total of 38 separate locations around the country were used, including sites in Wilmington, N.C.; New Orleans; El Paso, Texas; and Northern California. Moreover, Mr. Lyne shot the script in sequence, instead of the more typical and efficient method of shooting the script around related scenes. The sequential method preserved the "integrity" of the novel, according to a person associated with "Lolita." Neither Pathe nor the film's two pro ducers, Mr. Kassar and Joel Michaels, would comment on the production. Mr. Lyne and his agent, Mr. Berg, also de clined to comment. But people close to the movie say they expect to have a U.S. distributor shortly, and they note that the film already has earned back a portion of its production costs through the sale of for eign distribution rights. The chances of a deal increases if Pathe lowers or entirely drops its demand for a S25 million rights fee so a distributor could put up all or part of the marketing and distribution costs and split expenses and revenue in the U.S. with Pathe. Studios that have turned down "Lo lita" - Paramount, for example - could have a change of heart if more favorable terms can be struck. Paramount's chair man, Sherry Lansing, is a fan of Mr. Lyne's and was an executive producer of his racy "Basic Instinct." Though she declined to comment, people at the studio say she has told colleagues she thinks "Lolita" is well-made but the deal is "too rich." Another possible studio is Metro-Gold- wyn-Mayer Inc., which needs movies to bolster its own lineup. MGM distributed Chargeurs' previous foray into Hollywood filmmaking - 1995's "Showgirls." That film cost about S38 million to make and took in only $8.7 million at the U.S. box office. "Showgirls," one of the most critically panned films in recent release, nonethe less became popular in home video.