Miramax Co-Chiefs to Buy a Film That Parent Disney Won't Release

By BRUCE ORWALL

The co-chairmen of Walt Disney Co.'s Miramax Films said they will personally purchase and find a distributor for the coming Miramax movie "Dogma," which they hope will shut down a brewing controversy over a film that corporate parent Disney has indicated is inappropriate for release by one of its subsidiaries.

"Dogma" is a religious satire directed by Kevin Smith, whose previous Miramax-released films include "Chasing Amy" and "Clerks." Its stars include hot actors Ben Affleck and Matt Damon, who play angels cast out of heaven; comedian Chris Rock as a "13th Apostle" who swears a lot; and rock singer Alanis Morissette, who plays God. Focused on Catholicism, it also touches on hot-button issues like abortion.

Harvey Weinstein confirmed that executives at Disney had informed him and Bob Weinstein, his brother who co-chairs Miramax, that the company didn't think the film was appropriate for a Disney unit. Yet Disney couldn't necessarily mandate that Miramax drop the film, because its contract with the Weinsteins only prevents Miramax from releasing films with an NC-17 rating, which "Dogma" isn't likely to receive. Harvey Weinstein said he and his brother will pay about $12 million to buy out Disney's investment in the film "out of respect" for the parent company.

"Dogma" doesn't yet have a release date, but has already come under attack. The Catholic League this week issued a press release in which its president, William Donohue, warned: "If [Disney Chairman and Chief Executive] Michael Eisner is worried about how the Catholic League will react, he ought to be... . If the movie is anything like it is shaping up to be, Mr. Eisner will surely regret not having engaged the Catholic League in dialogue. And if some other producer is dumb enough to pick it up, we'll deal with it."

"We're in a situation where Disney is a target for this kind of protest," said Harvey Weinstein. "They're too easy a target. Obviously, the movie was getting hot in terms of protests."

He said he didn't want a showdown with Disney, which has strongly supported Miramax since buying the company. Yet Mr. Weinstein said he also felt the need to show strong backing for the filmmaker, Mr. Smith; much of Miramax's success has been built on its tight relationships with cutting-edge talent.

Disney had previously used the contractual prohibition on NC-17 releases to block Miramax's release of the 1995 film "Kids," about an HIV-positive teenage boy who has sex with teenage girls. In that case, too, the Weinsteins bought the film themselves and arranged non-Disney distribution.

Mr. Smith couldn't be reached for comment. In a statement, however, he said the Weinsteins had shown "great courage" in purchasing the film. He added, "In my opinion, 'Dogma' is in no way blasphemous or worthy of the mild controversy that seems to be brewing around it."

Disney had no comment.