American Cinematographer - September 2016 - 12

President's Desk
This past June, a Munich court ruled in favor of Jost Vacano, ASC, BVK, who was the cinematographer of the well-known German film Das Boot. The court recognized that he did in fact have a
"great deal of influence on the film as the cinematographer." And with this decision, the court
recognized the cinematographer's artistic contribution, declaring that Jost should be entitled to a
share of the profit. The ruling has set a legal precedent in Germany that could prove crucial for the
future of the cinematographer's role.
But that is not all that caught my interest - I was most intrigued by the spirit of it all.
It is now almost 10 years to the day since Jost, over a few drinks at Camerimage in
Poland, explained to me what he was up to. Discouraged that the cinematographer was generally
regarded as a technician and a hired hand as opposed to an artist and creator of images - a
contributor to the fabric of the movie - he had decided to stand his ground, challenging Das
Boot's production company in the German court. He was determined to make his point utilizing
the European copyright law, which theoretically grants originators of a work the basic right of ownership.
Along with a few other colleagues, I walked away from the bar a bit perplexed but nevertheless energized by his spirit
and ideas. But, as it goes, by the next morning the previous night's "spirits" had lost their euphoric empowerment, and we all
thought that Jost had gone mad. We were convinced he was going to fight for a lost cause.
Now, 10 years later and out of the blue, he has proved us all wrong. His victory in court is a remarkable "triumph of the
spirit." I took it to heart because in our world today, driven as it is by the ever-changing landscape of new technology, our role as
cinematographers has come under attack. We all share the feeling that sometimes - and now more than ever, given the "democratization" of our craft - we are told how to express ourselves: how to light our scenes, how to color, etc.
During the International Cinematography Summit that the ASC recently hosted [see page 78], representatives of more
than 20 cinematography associations from around the world spoke about how to defend and retain our creative rights - rights
that might not exist as written law, but through knowledge, respect and tradition. Admittedly, these are intangible principles we
each define with our individual spirits, but for almost all of us, these ideals are among the reasons why we do what we do, and
why we love and care for our cinematography.
In my opinion, it's all of this that makes Jost's decision to stand up and speak out so important.
That Jost has the spirit we should all be true to seems apparent. In behind-the-scenes photos from Das Boot, a feisty Jost
can be seen with a helmet, protected like a gladiator, diving through the small, authentic hatches and passageways in the submarine and creating a palpable feeling of claustrophobia. His work on the film revolutionized the moving camera, and in 2011 the
Society of Camera Operators presented Jost with its Historical Shot Lifetime Achievement Award in recognition of his impact; to
date, this remains the only time the organization has thus honored an operating cinematographer.
Jost parlayed the energy he demonstrated in shooting Das Boot into his later legal quest. I would like for you to be
inspired by his victory - both behind the camera and in the courtroom - and to keep at it, to not give up, to not acquiesce
because you think something might not be possible.
All of this brings to my mind the words of Howard Beale, the character played by Peter Finch in the film Network, which
was shot so eloquently by Owen Roizman, ASC: "I don't want you to protest. I don't want you to riot. ... All I know is that first
you've got to get mad. You've got to say, 'I'm a human being, goddamn it! My life has value!' So I want you to get up now. I want
all of you to get up out of your chairs. I want you to get up right now and go to the window. Open it, and stick your head out,
and yell, 'I'm as mad as hell, and I'm not going to take this anymore!'"

Kees van Oostrum
ASC President
12

September 2016

American Cinematographer

Photo by Gunther Campine.

Jost's Triumph

American Cinematographer - September 2016

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