Kino Lorber Studio Classics: Lost Highway

[domino harvey]

My understanding based on KL Insider's posts is that unlike TT and Allen, their Universal contract didn't preclude the creation of extras, and they dropped them to please Lynch after reaching out for his involvement. This may explain why Shout was able to include the deleted scenes Lynch didn't want on the TT Wild at Heart, because they did it against his wishes but not in violation of their contract with the studio.

[Finch]

I guess Lynch's point of contention is that KL should have asked him right away and not after the extras had been produced already, regardless of what Universal's contract with Kino was. If it's true that Shout included the deleted scenes against his wishes, then can you blame him for thinking, again no one has the courtesy to check with me first, when Kino come along and already commissioned content? Again, some may feel that's being a stickler for details, but there's something to be said for Lynch sticking to his principles. Perhaps the Lost Highway situation was the last straw, and he feels if studios and/or boutique labels override him anyway or don't bother to ask him in the first instance, he's going to be very public about his lack of consent and approval for their output.

[DRW.mov]

My understanding based on KL Insider's posts is that unlike TT and Allen, their Universal contract didn't preclude the creation of extras, and they dropped them to please Lynch after reaching out for his involvement. This may explain why Shout was able to include the deleted scenes Lynch didn't want on the TT Wild at Heart, because they did it against his wishes but not in violation of their contract with the studio.

The reason Shout was able to include the Wild at Heart deleted scenes was because they got Lynch’s approval. Twilight Time attempted to include them on their release and Lynch denied them access.

The deleted scenes aren’t held by MGM, they appear to be owned by Lynch outright and were previously only available in his “Lime Green” box.

[Finch]

Reminds me of the budget stooshie with Showtime over The Return, actually. This must boil down to an issue of trust for Lynch and Kino effectively shot themselves in the foot over having commissioned the extras first before approaching him. That presumably then also killed any chances of Lynch wanting them to handle a 4k restoration of the film.

[domino harvey]

I can understand him being miffed, but going hard against the label like this only hurts his fans, who will now stay away from a release of a film they want to see/own because his wording suggests another release will be forthcoming, which is almost certainly not the case for the foreseeable future, at least in the states. And Lynch's willingness to lash out publicly means other labels may decide outright not to bother to release his movies either

DRW, thanks for the clarification on the TT/Shout discrepancy

[Drucker]

A few years ago I remember MOC posting some comments online about being publicly miffed about being outbid for certain releases they were hoping to upgrade. Rightly or wrongly, it seemed they believed certain films were 'properly theirs' and they should be given some kind of home field advantage for already having released the likes of, say, Grey Gardens.

All the best labels we all love seem to have a decent professional relationship, and find ways to work together and share materials. Given the way Criterion seems to be snatching up as much of an auteur's catalog as they can, I get why some may feel those Lynch films really should be with them, and can understand why Lynch would be upset about it.

[Robespierre]

If Lynch cared about getting a proper release, he wouldn't care if it was Kino or Criterion or Arrow or Mill Creek releasing his movies. It's an ego thing, he didn't get his way, and like a child he's throwing a tantrum. He doesn't care that the consumer doesn't get a good product, just that he got to stick it to those no good rotten people at Kino who didn't want to play into his OCD stipulations re. special features. Kino isn't completely free and clear in this whole thing, but Lynch is the one who is pushing outrageous and exacting demands like a prima donna. This doesn't have anything to do with "having the right to have one's film look as good as it can". Did Mulholland Dr. not look less than ideal?

With Cameron, True Lies and The Abyss have been HD ready for years and for whatever reason he is not allowing them to be released. I think he's only involved with the releases of earlier movies because the studio has a bigger say and is going to release T1 and Aliens with or without him so he figures he may as well play ball. T2 ad Titanic are too big of cash cows not to release and knows he can make money. With Lost Highway, it sounds like Universal has a big say in any potential releases and is going to licence it out whether he likes it or not. But he can still mess with what goes on the disc and he's certainly applying his power here like Cameron does. Lynch could've said, "Use this new scan or make your own but no special features" but instead he's tried to sabotage it from the start.

[FrauBlucher]

If Lynch cared about getting a proper release, he wouldn't care if it was Kino or Criterion or Arrow or Mill Creek releasing his movies. It's an ego thing

I don't buy this. You're right it's an ego thing, but it's his prerogative much likes it's Wes Anderson's prerogative and Pedro Almodóvar's prerogative as well as many others to have their films with the labels they want. With Criterion it's all about prestige. Say what you want about all the different labels, Criterion is the granddaddy. If that's how these filmmakers want their films represented then so be it.

[domino harvey]

Remember when Aronfsky tried to get Criterion to release the Fountain via publicity/interview campaign? It's certainly long been a prestige thing to be on Criterion, but as many of us freely admit, there are plenty of other labels/options that deserve some of the same spotlight and reverence. KL is, uh, not one of them, but you really have to give them props for the sheer quantity of Blu-ray releases, which are starting to match the studio-direct output of DVDs in the heyday of things actually getting released on physical media. KL serves a purpose and I'm very glad to have a lot of releases that are, on the whole, pretty good... but it will likely never be a label one associates with more than that.

[DRW.mov]

I don’t think the problem here is prestige. That’s not something that’s ever struck me about Lynch. The problem here is that he wants time and care given to his films. Something all filmmakers want, but as we know with Lynch’s regid manner of presenting his films (sans chapter marks for instance) this is paramount to him.

I’ve worked in distribution and know first hand how machine like the process is. What Kino has been up to with their KLSC line of late is exactly that. Domino hit the nail on the head when he said that their thing is quantity. Kino’s Studio Classics line has one goal; to get as much out and as fast to make the biggest profit. They are picking up as many HD ready masters as they can get their hands on and putting them out on disc as quickly as they can. Their entire line is designed to fit this template. All the releases even have a generic, cookie cutter design paired with their original key art. The new supplements they commission are typically audio commentaries that they can have recorded quick enough so that they don’t slow down the release process. This is why they’ve been able to release more obscure things that some of us never thought we see the light of day on dosc, but also why their more “prestige” titles have been met with controversy. Because they’re not being given the time and attention that is expected of them. This is why Rian Johnson had to hear about Brick’s release on Twitter and track down a rep from Kino to get involved.

As I said before Lynch has high expectations for the release of his films. We’ve all gone through the strange menus on his discs and recall the projection note he sent out with Mulholland Dr. Over the years he’s become accustomed to the time and work that Criterion puts into his films. He operates at a different pace and so do they. They’ve had the time and finances to work closely and slowly with Lynch to give him what he wants, from restoration to packaging. On top of that, he had Wild at Heart initially delayed for years before it came out on DVD so that he could have it restored and graded, a process MGM was willing to undertake at the time. That and releasing Eraserhead himself through his website have been his primary experiences with home video. He’s acustomed to being met at his pace.

Kino’s pace could not be further off from his and from the sound of things they’ve handled this title in the last possible way in which he would like to have seen. But because its a deal through Universal and Kino he has no true power over it.

Kino knew going in that this would be a difficult title because of Lynch. His reputation is notorious. But they knew that it would also be a big seller because of him, and again that’s their primary MO. The disc streets in two days. All of the discs have already been pressed and shipped. The timing of this is outrageously awkward. Kino is in no position to recall the disc or cancel the release. And snapping back at Lynch publically would only look worse.

The disc is going to come out to whatever kind of sales it comes to, probably mediocre reviews, and that’ll be that. Whether Kino re-ups their license on it in 3-5 years time is another question all together.

[FrauBlucher]

If that's the deal, and it sounds right, then I don't feel sorry for Kino.

[soundchaser]

I don’t mean to respond to a clearly thought-out post with a quick dismissal, but Kino has delayed their Spike Lee releases several times because they’re waiting for him to record a commentary. So I don’t think the evidence backs up the “quickest release possible” model.

[Finch]

Is 3-5 years the average figure for sub-licencing? I wonder how long Universal's own licence is. The film is 20+ years old now.

Mulholland Drive had compression issues that likely hadn't been on the material that Lynch approved. I'd have a lot more time for the nonsensical prima donna and childish behaviour claims if Kino had bothered to contact Lynch on day one of their acquisition of Lost Highway or even before then. But as DRW has pointed out, they didn't treat this any differently than any other title: they didn't put in the extra work required to make this satisfactory for all parties involved and the bucket stops with them.

Some people here see Lynch as a crybaby. I see a guy who's long been on record about what he wants and is tired of getting fucked around by companies trying to make a quick buck through his name recognition with half-assed releases, and KL's release of an old print would still have been a glass half full if it had been allowed to ship with a Tim Lucas commentary.

[dwk]

Just because Kino has pushed back a handful of titles doesn't mean that DRW's description of their business model is wrong. You can look at their release schedule and you see DRW is right, they really shovel out titles.

[DRW.mov]

Is 3-5 years the average figure for sub-licencing? I wonder how long Universal's own licence is.

It varies on the studio and the licensor’s contracts. I know, for instance, Twilight Time had a very specific and rigid licensing window that they always adhered too. Most, labels as you can guess, tend to aim for as long as they can afford and bake in the right of first refusal on exclusive rights once the contract is up. I mean it’s possible that KL holds on to it in perpetuity, or lets it go in a couple of years. Of course then all the speculation will go crazy.

No way to know how long Universal’s holding of the film will last. It was produced through Ciby2000, picked up by October Films before they were bought by Universal, and like many Lynch films of the era, predominently European funding. A lot of films that were financed similarly in that era have since lapsed back to either the filmmakers or the financiers. But again there’s no way to know without digging into their contracts. It’s also very likely that Universal made sure to buy it outright when they acquired it along with the October library. I’d say at this point it’s much more likely for Kino’s license with Universal to lapse than Universal’s holdings of the film.

Either way, as I said, it’ll be quite a while before we have any changes on Lost Highway. Personally, for the time being, if you genuinely need to own it in your library, I’d recommend the UK release.

[tenia]

I don’t mean to respond to a clearly thought-out post with a quick dismissal, but Kino has delayed their Spike Lee releases several times because they’re waiting for him to record a commentary. So I don’t think the evidence backs up the “quickest release possible” model.

I'm quite certain you can find exceptions for what seems to be some of their bigger potential titles, but I doubt these titles would be numerous enough to account for some kind of rules rather than the exceptions.

[domino harvey]

Tim Lucas weighed-in on Facebook

I’ve seen it. It’s gorgeous. If you disagree, you can call me on it - and realistically, there will not be another BD release till Universal’s and Kino Lorber’s rights expire, so we’re looking at a wait of a few years at the soonest, and we can all point to restorations from the negative that went awry. This is just bad sportsmanship on Mr. Lynch’s part. It’s very wide with deep blacks and juicy color. It’s not from the old pan and scan elements that were used for the previous DVD release, which is how he makes it sound. I’m sure the disc review sites that reproduce frame grabs will support everything I’ve said, once they get the disc in hand.

[tenia]

If it was to offer technical statements like these, Lucas should have refrained chiming in. And that sophism about "we can all point to restorations from the negative that went awry" is absolutely laughable, especially considering the flawless record track regarding Lynch's movies' restorations. Is that the best he could end up with ?

While the current Lost Highway pre-existing HD master isn't bad as such, it remains visibly dated none the less. I also don't know where the "Pan & Scan" quote comes from. I took it that Lynch said "the new BD won't be from a new restoration but from a current dated pre-existing HD master", which is 100% correct. The rest is pure extrapolation from Lucas' part.

[Dylan]

I also don't know where the "Pan & Scan" quote comes from.

Before Focus Features released a widescreen transfer of Lost Highway on DVD in 2008, I believe the only Region 1 DVD was an awful-looking full screen "pan & scan" transfer. That's actually how I first saw Lost Highway (this would've been in 2003 or so). Given the existence of the Focus Features DVD, it's a strangely esoteric reference for Tim Lucas to make.

[tenia]

I don't doubt it isn't coming from nowhere, it's just that this is strangely over-contextualising Lynch's tweet with outdated elements, making Lucas looking like he doesn't know what's on the market currently (AFAIK, no BD release of Lost Highway is using this P&S source). I don't want to defend Lynch's arguable tweet here, but in the present case, Lucas just look like he hasn't done his homework about the existing BD releases of the movie.

[Finch]

DRW, thanks for that.

Tim Lucas just lost himself a lot of respect from me for having a go at Lynch and defending what is by all accounts a merely passable transfer. He comes across as not understanding or ignoring Lynch's principled point that he wants whatever is the best possible presentation of his films as current technology allows. He's either never seen the film on 35mm or is misremembering what the first half looked like.

[soundchaser]

We reached out to Mr. Lynch via email to oversee and color grade a new 4K transfer (from the original camera negative) and get his approval on the dozen or so extras we had planned to include. Once we knew he was not interested in working with us, we had no choice, but to go ahead with the current Universal master and the few extras we had already produced and acquired. To our surprise, the master in question was a very good one, so we were happy to release it with some extras. We found out later that the extras and packaging also had to be approved by him (not the norm) and we sent email after email without one response. We delayed the release by a month, hoping we could at least get him to approve the trailer, the essay and our packaging, at this point we knew the interview and commentary were not possible, but after a few more weeks, we dropped the essay, the trailer and changed our front art to the previously approved DVD art. The BD only includes the film on a dual-layered BD50 disc, maxing out the feature at 30mbps with 5.1 surround and 2.0 lossless audio. We were planning to take the high road and not play the blame game, but after his tweet this weekend, we felt like we had to respond.

We’re still huge David Lynch fans and are proud to release one of his masterpieces on Blu-ray.

Explains the change from what was a far superior front cover, too.

[domino harvey]

DRW, thanks for that.

Tim Lucas just lost himself a lot of respect from me for having a go at Lynch and defending what is by all accounts a merely passable transfer. He comes across as not understanding or ignoring Lynch's principled point that he wants whatever is the best possible presentation of his films as current technology allows. He's either never seen the film on 35mm or is misremembering what the first half looked like.

"By all accounts" isn't an accurate statement by your own admission. Tenia's bugbear is Blu-ray releases of non-recent transfers, so I get his response, but that doesn't mean this won't still be the best release of this film yet on disc. Kino did do work like color-correction to produce something more than factory line delivery of what we've already seen. Now, it may still not be enough, but I don't think Lucas' comments are so awful regardless

EDIT: soundchaser's quoted post addressed this too

[domino harvey]

If the Insider's post is accurate-- and it doesn't seem outrageous to believe it is-- then this really does sound like Lynch's fault, which makes his tweet even more galling

[dwk]

I'm a little skeptical of that post. Kino had plenty of time to share that they reached out to Lynch about doing a new 4K transfer. Especially when people were expressing disappointment when it was announced that it would be the old transfer.