Ben Affleck and Matt Damon-produced documentary ruled ineligible for Oscars… though filmmakers insist it qualified

A new documentary produced by Ben Affleck and Matt Damon has been ruled out of contention for Best Documentary Feature at the upcoming Oscars.

The film – Kiss the Future – was shown in 139 AMC Theatres theaters across the United States, including several Oscar-qualifying markets such as Los Angeles, New York, San Francisco and Atlanta.

However, the Academy of Motion Picture Arts and Sciences’ documentary department claims that the film was shown only twice a day during its entire run, not three times a day as stated in Oscar rules.

Affleck, Damon and fellow producer Sarah Anthony filed an appeal with the Academy, but it was denied, according to Term.

Now the film’s director, Nenad Cicin-Sain, claims the Academy must abide by the rules, which technically should not disqualify the film.

A new documentary produced by Ben Affleck and Matt Damon is not up for Best Documentary at the upcoming Oscars

A new documentary produced by Ben Affleck and Matt Damon is not up for Best Documentary at the upcoming Oscars

The film - Kiss the Future - was shown in 139 AMC Theatres theaters nationwide, including several Oscar-qualifying markets such as Los Angeles, New York, San Francisco and Atlanta

The film – Kiss the Future – was shown in 139 AMC Theatres theaters nationwide, including several Oscar-qualifying markets such as Los Angeles, New York, San Francisco and Atlanta

Now the film's director, Nenad Cicin-Sain, is arguing that the Academy should abide by the rules, which technically should not disqualify the film.

Now the film’s director, Nenad Cicin-Sain, is arguing that the Academy should abide by the rules, which technically should not disqualify the film.

After the original story aired on Monday, many noted that the rules did not state that the film had to be shown on only one screen in an eligible market.

If you take into account all the qualifying markets in which Kiss the Future has played, the company should qualify.

Cicin-Sain wrote to the Academy on Monday that there is no specific rule that would make his film ineligible.

“There is no specific rule that states that the three required daily screenings for Academy Award qualification must all be in the same theater in an eligible city,” Cicin-Sain wrote to Natalie Wade, the Academy’s Senior Director, Member Relations and Awards Administration.

“The rule emphasizes that the film must be shown at least three times per day for a consecutive seven-day period in one of the eligible U.S. metropolitan areas. Those cities are Los Angeles, New York, Chicago, Miami, Atlanta and the San Francisco Bay Area,” the director added.

“Kiss the Future ran for two weeks in all of those markets, easily exceeding the minimum daily screening requirement (more than three times per day),” Cicin-Said added.

Cicin-Sain added: ‘The rulebook you provided specifies that a film must be shown **three times per day** in an eligible city, but it **does not explicitly** state that these showings must all be in the *same theater* in the eligible city… Can you please point out where it says “three times per day in the same theater?”‘

The director adds that the rule book they were given, which the filmmakers claim was for the 96th Oscars, makes no mention of a documentary being shown three times a day in the same location.

However, the Academy claims that a line has been added for the upcoming 97th Academy Awards, which states: ‘The seven consecutive days of the cinema release must take place at one location.

The Academy has yet to explain why it added this new rule, which would limit rather than broaden qualification, as most eligible documentaries receive a token release in a single cinema, also known as a “four walls”

After the original story aired on Monday, many noted that there was nothing in the rules stating that the film had to be shown on only one screen in a qualifying market

After the original story aired on Monday, many noted that there was nothing in the rules stating that the film had to be shown on only one screen in a qualifying market

Considering all the qualifying markets Kiss the Future has played in, it should qualify

Considering all the qualifying markets Kiss the Future has played in, it should qualify

“There is no specific rule that states that the three required daily screenings for Academy Award qualification must all be in the same theater in an eligible city,” Cicin-Sain wrote to Natalie Wade, the Academy's Senior Director, Member Relations and Awards Administration.

“There is no specific rule that states that the required three daily screenings for Academy Award qualification must all be in the same theater in a qualifying city,” Cicin-Sain wrote to Natalie Wade, the Academy’s Senior Director, Member Relations and Awards Administration.

“What they are doing is they are enforcing the letter of the rule and not the spirit of the rule,” Cicin-Sain said Monday.

“What they are doing is enforcing the letter of the rule and not the spirit of the rule,” Cicin-Sain said Monday.

There’s no indication from the Academy why it would impose such a narrow parameter for the 97th Oscars. And the existence or nonexistence of that rule says nothing about the filmmakers’ broader argument — that if the Academy’s goal is to get people to see movies in theaters, Kiss the Future more than met the standard. Most eligible documentaries get only a token “four-wall” release, but KTF got what amounts to a wide release for a nonfiction film.

“What they are doing is enforcing the letter of the rule and not the spirit of the rule,” Cicin-Sain said Monday.

“And if the spirit of the rule is to get movies into theaters — and that’s what we’ve done by getting them into as many theaters as possible … and you don’t qualify, then something’s wrong,” he added.

The film examines the 1990 siege of Sarajevo and shows how U2’s music helped lift the city’s residents up.