FRIDAY IS 'DVD DAY' FOR MPAA JUDGE TO RULE ON SCREENERS.

Byline: Greg Hernandez Staff Writer

After a daylong hearing in New York City's U.S. District Court on Wednesday, a judge said he would not rule until Friday on whether to grant a temporary restraining order stopping the Motion Picture Association of America from enforcing a ban on award-season screeners.

In a high-profile, anti-trust suit that has the rapt attention of the movie industry, Judge Michael Mukasey heard testimony from MPAA Chairman Jack Valenti, producers Ted Hope (``21 Grams'') and Jeff Levy-Hinte (``Thirteen'') and Warner Independent Pictures chief Mark Gill during an evidentiary hearing.

``We are very confident in our side, but it's very difficult to evaluate the judge's opinion just from his demeanor,'' Levy-Hinte said after the hearing. ``I think he realizes the importance of this case and wants to put together a well thought-out opinion.''

Representatives of the MPAA declined to comment on the proceedings Wednesday, preferring to wait until after the judge's ruling. The group has maintained that the ban is necessary in order to thwart potential DVD piracy.

The screeners allow voters to see films at their convenience and in recent years have given exposure to smaller, independent films during awards season.

The suit was filed last month by a coalition comprised of the Los Angeles and New York chapters of the Independent Film Project and a dozen independent production companies. The coalition argued that the screener ban represents unlawful restraint of trade and are asking the court to lift it.

The ban was partially lifted for members of the Academy of Motion Picture Arts and Sciences but remains for such groups as the Hollywood Foreign Press Association and critics organizations.

Although the heads of the major studios' art-house labels were subpoenaed by the plaintiffs, only Harvey Weinstein, co-chairman of Disney-owned Miramax Films, provided a deposition, Levy-Hinte said.

``Independent films count on the build-up word of mouth, early awards and critical acclaim to generate audience interest,'' Weinstein stated in a lengthy deposition submitted to the judge. ``It is essential that voters for all the awards and critics lists have convenient opportunities to view these films. Without screeners, most independent films will not be seen by nearly the same number of critical viewers during the awards season as will major release movies.''

Valenti said in an interview last week that the ban is only about piracy and ``has nothing to do with who gets an award and who doesn't get an award.''

The ban was signed off on by MPAA member companies Warner Bros., 20th Century Fox, Sony Pictures Entertainment, Paramount Pictures, Universal Pictures, Walt Disney Pictures and MGM as well as DreamWorks Pictures and New Line Cinema.

Greg Hernandez, [phone]

greg.hernandez(at)dailynews.com