Showing posts with label INTERNATIONAL. Show all posts
Showing posts with label INTERNATIONAL. Show all posts

Friday, January 3, 2020

Maritime Practice In India

Preface 

Although the focal points of Maritime Practice in India are admiralty laws, this SEVENTH edition book contains the entire gamut of admiralty edicts including ship arrest and substantive maritime law prevalent in India. This book is about a subject that has been lurking in the scourges of darkness of Indian maritime history for many decades. It provides an in-depth insight into Indian Admiralty law, thus placing maritime practice at the threshold of the legal fraternity. 

This book is a compact, integrated guide to admiralty law in India. The primary purpose of this book is to better enlighten shipping and industry related professionals to take prompt and decisive decisions. We seek to clarify what the law requires, allow and prohibit, not to comment on how well it does so or whether what it should. We hope that this publication will contribute towards the realistic assessment and debate of the surrounding issues. 

The book does not indulge exhaustively in any topic neither does it predicts any outcome of any particular case nor can it be considered as a substitute for competent legal counsel. Although we believe that the entire text is accurate at the time of publication, if it does not already fall short of this standard, it surely will with the passage of time.  

This book is the first of its kind on admiralty laws published in India. Utility of the book with respect to a second central aim, to advance general understanding about the regulation of admiralty laws in India, is less apt to erode. 

Shrikant Hathi 
Binita Hathi 
Mumbai, India, April 4 , 2012

Financial Leasing of Equipment in the Law of the United States




As in most areas of the law, the rules and practices of the United States relating to financial leasing of equipment are more complex than those of any other country. Notable points are that commercial
and tax law emphasize the substance of a transaction, but do so differently; that bankruptcy law appears to emphasize the substance but may be controlled instead by the expressed intent of the parties; that the rules of financial accounting emphasize literal compliance, rather than substance; that there are special rules, often very complex and different from one another, for leasing of aircraft, ships, and rolling stock; that most modern international conventions dealing with these and related areas set forth rules largely consistent with those of the United States, but that the United States nevertheless rarely ratifies them; and that when the United States adds new requirements, such as those of an international convention, its lawyers usually treat those requirements as additions, rather than replacements, to its existing rules.
Leasing is an ancient device, which came to America after thousands of years, but financial leasing arose almost entirely in the last half-century and the way was led by the United States. Almost any topic in U.S. law is more complex than the same topic elsewhere, but the U.S. law of financial leasing is particularly so.1  The modern U.S. practice of equipment leasing has been shaped primarily by lawyers responding to:
tax law, as developed mainly by the Internal Revenue Service (IRS) and the courts,
financial accounting rules,
* A.B. Shimer College; J.D. and M.Comp.L., University of Chicago; S.J.D., University of Michigan; M.B.A., Rensselaer Polytechnic Institute; MSc, School of Oriental and African Studies; D.H.L. (hon.), Shimer College. Attorney, New York City and Connecticut. 
† DOI 10.5131/ajcl.2009.0039.
1. In response to the length limit, the audience for this Article is assumed to be
non-U.S. lawyers familiar with the subject generally and with the international instruments:
the more unusual the U.S. position, the more space it receives.
 specialized administrative systems for particular industries, especially transportation by air, sea, and rail, and
more recently, bankruptcy law, as developed by Congress and the courts, including special rules for aircraft, ships, and railway rolling stock.
The Uniform Commercial Code (U.C.C.) and international treaties have played highly visible, but less substantial roles. As a first approximation, it appears that commercial law turns, more than the others, on the business and economic substance of a transaction; that tax law is a close second in this respect; that bankruptcy law appears to turn on the business and economic substance but may be controlled instead by the expressed intent of the parties; and that the financial accounting rules turn primarily on literal compliance, which may be far removed from business and economic substance.
I. BACKGROUND
At a basic level, leasing (or comparable devices, such as conditional sales) often greatly increased the resources available to a business that would otherwise have had to depend on equity investment and borrowing: the lessor was protected by its ownership of the property and therefore did not require payment of the purchase price, a business owner’s personal guaranty, a mortgage on the business’s real property or some comparable arrangement. In addition, however, some businesses that were not able to use depreciation deductions to reduce their taxes, perhaps because they were young and not yet profitable, were able to receive the benefit of depreciation in the form of a reduced interest rate implicit in the rentals they paid for equipment, because their lessors, as owners, could depreciate the equipment.2  From time to time, other tax benefits were made available for lease transactions; the most important of these to the growth of equipment leasing were tax incentives, notably investment-tax credits (generalized from 1962 to 1986 and thereafter focused to encourage particular kinds of investment, such as solar energy) and accelerated depreciation.

In 1963, first national banks, then state-chartered banks were authorized to own and to lease equipment3.  In 1975, the IRS published the guidelines it would follow in ruling on whether a 
2. The lease structure allows the lessee to benefit from the lessor’s tax deductions for depreciation even if the lessee is in a loss position and therefore unable to use its own tax deductions for the rental payments.
3. For national banks, see Comptroller of the Currency, Rule 3400, 12 C.F.R. § 7.3400 (repealed). For discussion of the current leasing authority of national banks, see Gordon D. Alter & Francis Zou, Legal Authority for Leasing, in 1 IAN SHRANK & ARNOLD G. GOUGH, JR., EQUIPMENT LEASING–LEVERAGED LEASING § 13:2 (4th ed. 1999, updated to July 2009) (hereinafter SHRANK & GOUGH). The same chapter covers bank holding companies (§ 13:3), federal savings and loan associations and federal 
transaction qualified as a true lease for tax purposes,4  thereby bringing much greater certainty to the leasing business. A year later, the Financial Accounting Standards Board issued its first detailed statement of the rules to be applied in accounting for leases.5.6.  Under the Bankruptcy Reform Act of 1978, lessors are expressly distinguished from, and preferred to, secured creditors. 
A. Beginnings in Law 
References to leasing of agricultural tools have been found in clay tablets from Ur, there are rules on leasing in the Code of Hammurabi, and so forth;7  in eighteenth and early nineteenth century England and the United States, there were bailments for hire;8  one of the most successful of Justice Story’s many treatises was on bailments;9, and arrangements for financing of railroad rolling stock that might be called financial leases were accepted under the law of Pennsylvania and New York by the late 19th century.10 For all of that, 

savings banks (§ 13:4), state banks and savings associations (§ 13:5) and insurance companies (§ 13:6).
4. See infra note 102 and accompanying text.
5. See infra note 111 and accompanying text.
6. There was also a brief but extraordinary bubble of tax-motivated “safe harbor” leasing based on § 168(f)(8) of the Economic Recovery Tax Act of 1981, Pub. L. No. 9734, 95 Stat. 172 (1981), which amounted to authorizing a market in asset-related tax benefits. See Note, “Safe Harbor” as Tax Reform: Taxpayer Election of Lease Treatment, 95 HARV.L. REV.
1648 (1982). Most of this was repealed a year later by the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, 96 Stat. 324 (1982).
7. Rather than belabor this, I will just cite Gaius, who describes a sophisticated system that could deal with conditional sales of gladiators that were merely leases if it turned out the gladiators were not killed or wounded: Item si gladiatores ea lege tibi tradiderim, ut in singulos, qui integri exierint, pro sudore denarii XX mihi darentur, in eos uero singulos, qui occisi aut debilitati fuerint, denarii mille, quaeritur, utrum emptio et uenditio an locatio et conductio contrahatur. et magis placuit eorum, qui integri exierint, locationem et conductionem contractam uideri, at eorum, qui occisi aut debilitati sunt, emptionem et uenditionem esse; idque ex accidentibus apparet, tamquam sub condicione facta cuiusque uenditione aut locatione. iam enim non dubitatur, quin sub condicione res uenire aut locari possint. 
G. INST. 3, 146.
8. See 2 WILLIAM BLACKSTONE, COMMENTARIES ON THE LAW OF ENGLAND 453 (1765); WILLIAM JONES, AN ESSAY ON THE LAW OF BAILMENTS (1781). These books on English law were used regularly by lawyers and judges in America. The locatio conductio rerum of Roman law had become a bailment for hire, recognized in English law at least as early as Coggs v. Bernard, 2 Ld. Raym. 909, 92 E.R.107 (K.B. 1703): “[T]here are six sorts of bailments . . . . The third sort is, when goods are left with the bailee to be used by him for hire; this is called locatio et conductio, and the lender is called locator, and the borrower conductor.”
9. JOSEPH STORY, COMMENTARIES ON THE LAW OF BAILMENTS (1832). There were nine editions of this book, the last in 1880. (Story, the most important American legal writer of his time and perhaps of any time, was simultaneously a Justice of the U.S. Supreme Court and a professor of law at Harvard.).
10. See James A. Montgomery, Jr., The Pennsylvania Bailment Lease, 79 U. PA. L. REV. 920 (1931); KENNETH DUNCAN, EQUIPMENT OBLIGATIONS (1924); Lehigh Coal & Nav. Co. v. Field, 8 Watts & Serg. 232 (Pa. 1844) (Philadelphia plan trust); Fosdick v.

 true leases even of rolling stock developed only in the 1940s and equipment leasing of any kind became a major source of business finance in the United States only in the 1960s and 1970s. 

B. The Law and Modern Leasing 

Commercial law, however, was not ready for equipment leasing until the late 1980s. Before then, U.S. courts borrowed variously from the law of real estate leasing, sales, and secured transactions, with unpredictable and often unsatisfactory results. The 1978 version of the U.C.C. inserted an unhelpful rule, declaring that whether a (purported) lease was intended as a (disguised) security interest was to be determined from the facts of each case.11  Nine years later, the U.C.C.’s drafters acknowledged their error:

     Reference to the intent of the parties to create a lease or se-curity interest led to unfortunate results. In discoveringintent, courts relied upon factors that were thought to be more consistent with sales or loans than leases. Most of these criteria, however, were as applicable to true leases as to security interests. Examples included the typical net lease provisions, a purported lessor’s lack of storage facilities or its character as a financing party rather than a dealer in goods. Accordingly, this section contains no reference to the parties’ intent.12
United States commercial, tax, bankruptcy, and aircraft-registration law  have all come to focus, for most purposes, on whether a transaction is economically and in business substance a “true lease.” That said, they apply significantly different standards and do not always agree on the conclusion, particularly because the parties often 
Schall, 99 U.S. 339 (1879) (New York conditional sale). It is important to note that neither the Philadelphia plan equipment trust nor the New York conditional sale was a “true lease,” because in both arrangements the railroad company became the owner of the goods when it made the last payment.
11. Former § 1-201(37), no longer in force in any state.
12. U.C.C., 1987 Amendments, Official Comment to revised § 1-201(37), which was replaced in 2001 by § 1-203. The 1987 version of this section is still in effect in about 11 states, but this probably makes no difference, because revised § 1-201 (37) and new § 1-203 are almost identical (except that the definition of “present value” was moved to § 1-201(28)). “[U]nder revised [New York] § 1-201(37) applicable to this dispute, the intention of the parties has been abandoned as a proper tool by which to distinguish a true lease from a disguised security interest and replaced by an evaluation of the economic structure of the particular transaction.” In re Ecco Drilling Co., 390 B.R. 221, 226 (E.D. Tex. 2008).
13. Whether a leased aircraft must be registered in the name of the lessee as owner is not determined by statute or regulation, but under an opinion of the FAA’s Chief Counsel (the “Leiter Letter”), which in substance says that a full payout lease makes the lessee the owner. Treatment of Leases with an Option to Purchase for Aircraft Registration, 55 Fed. Reg. 40502 (1990); see Dean N. Gerber, Aircraft Financing, in 2 SHRANK & GOUGH, supra note 3, chap. 17, § 17:4.6[B] (hereinafter Gerber).
 work very hard to arrange their transactions so as to be leases for one purpose but not for another.  The accounting rules, on the other hand, have followed a very different path, relying heavily on multiplication and literal reading of complex, ad hoc provisions.14  At this writing, the difference between the accounting rules and everyone else’s rules seems about to widen further.16 
Terms such as lease, finance lease, and financial lease may be used broadly or narrowly. If we use them narrowly, under a “true lease,” the lessor has a reasonable expectation of some meaningful residual value in the goods,  or, in a tax case, the lessor has the “benefits and burdens” of ownership or there is “economic substance” or profit potential in the transaction.17  A “finance lease,” when that is a term of art in U.S. law, is a true lease in which the lessor and the supplier are separate—a three-party transaction—and only the supplier, not the lessor, has responsibility to the lessee for the quality and performance of the goods.1918  “Financial lease,” which is not a term of art in U.S. commercial law, is broader and may include financing of the entire economic value of the goods.20
In the vast majority of cases, leases, like most contracts,  are performed by the parties and never tested, approved or disapproved by any court or governmental agency. Nevertheless, usually they are tested by lawyers and accountants who are not employees of the parties, in the absence of whose favorable opinions the transactions will not go forward. For example, a major leasing transaction involving an aircraft, a ship, or rolling stock normally requires a legal opinion 

14. In particular, a “synthetic lease” is in substance a loan secured by the financed goods; however, it is documented as an operating lease—and therefore “offbalance-sheet”—for accounting purposes but a loan for tax purposes. Changes in the relevant accounting standards and the disclosure rules of the Securities and Exchange Commission have made synthetic leases less attractive, but they continue to be used and recognized. See generally W. Kirk Grimm, Michael G. Robinson & Arnold G. Gough, Jr., Synthetic Leasing, in 2 SHRANK & GOUGH, supra note 3, chap. 23. See also infra  note 97.
15. See text infra, following note 110.
16. See text infra at notes 117-121.
17. For a more detailed definition, see U.C.C. § 1-203.
18. For a more detailed discussion, see infra notes 101-106 and accompanying text.
19. See U.C.C. § 2A-103(1)(g).
20. Some of the legislative history of the Bankruptcy Reform Act of 1978 suggests that a “financing lease” is a disguised security interest, as opposed to a true lease. See In re Winston Mills, Inc., 6 B.R. 587, 594 (S.D.N.Y. 1980). This may account for some of the erroneous explanations of “finance lease” in law-review articles and elsewhere. The better practice, when discussing U.S. law, is to avoid the term “financing lease” entirely (although it cannot be avoided when discussing U.S. accounting rules).
21. The lease, whether of real or personal property, has traditionally been understood as a conveyance of a property right, but in modern U.S. commercial law a lease of personal property is understood primarily as a contract. An interesting discussion of the corresponding development in the law of real estate leases is John V. Orth, Leases: Like Any Other Contract?, 12 GREEN BAG 2d 53 (2008), 

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Wednesday, January 1, 2020

Does a study of the history of ethnographic film reveal a tension between creativity and naturalism?

‘Say, rare Machine, who taught thee to design? / And mimick Nature with such Skill divine’ (anonymously authored poem in praise of the camera obscura, 1747).

Does a study of the history of ethnographic film reveal a tension between creativity and naturalism?

The camera’s ability for representation has been an area of critique in the history of documentary filmmaking. What is real and what is constructed? Are truth and reality the same thing? Can one construct truth? With regards specifically to ethnographic film, this paper will focus on its crucial formative years and, within this period, chronologically trace its development from the first footage of ethnographic interest in 1895 to the radical challenges to documentary leading towards its technical and theoretical modernisation in 1960. I will argue, using film examples, that there has been an ever present tension between creativity and naturalism and that the reason for this tension has come from (1) filmmaking technology’s possibilities and limits, and (2) the social context that influence the filmmaker’s decisions.

In 1895, Felix-Louis Regnault visited the Exposition Ethnographique de l’Afrique Occidentale in Paris. Like a zoo, they consisted of constructed sets marked off by a fence where ‘exotic’ people would seemingly conduct their everyday activities for the pleasure of Europeans who sometimes threw them money. Most importantly, it was considered rude or inappropriate for the Other to return the gaze. This meant that Europeans ‘were free to define, categorize, and label their subjects with impunity’ (Chapman 2009: 98). Reganult’s camera visually recorded ethnographic subjectivity for the very first time, and in Paris subjectivity happened to be at its most extreme, because what Regnault captured was not a skilled pot-making Wolof woman but the power relationship of the colonial era aligned with normative ideas of social evolutionism. Thus the story of ethnographic film begins with its most creative work, not because of its coercive out of place performance in a constructed set, but because of the 1895 ‘creative’ mentality of the viewer. Naturalism it was not.

Left: Sketch of Regnault’s destroyed footage of Wolof woman (SPLA n.d).

Right: Example of exposition poster, Lyon, 1894 (Libèration n.d.).

In 1898, Alfred Cort Haddon led a holistic Cambridge expedition of seven – whose professional roles covered anthropology, ethnology, zoology, neurology, psychiatry, psychology, linguistics, musicology, and photography – to the Torres Strait. Aligning themselves to the natural sciences, Haddon’s positivist generation saw the camera as their equivalent to a microscope or telescope which could visually apprehend material culture  such  as  dress,  technology,  and  architecture  and  overcome  the  objective problem of their discipline (Torresan n.d.). For the first time, the camera was taken into the field for salvage ethnography. However, not yet accustomed to developing technology, Haddon’s 35mm Newman and Guardia camera often jammed, spoiling the film. It was also too big and the film stock too sensitive to be able to move around in the manner now associated with realist documentary. Thus due to the limits of both early technology and the lack of knowledge of how best to take advantage of it, what is produced is, like Regnault’s piece, a performance, although there is at least collaboration between Haddon and the Malo (Eaton 2010).

Malo ceremonial dance in Haddon’s Torres Strait Islanders (The Bioscope 2010).

In the early 20th  century, filmmaking failed in anthropology. Firstly, there was the practical difficulties of taking cameras into the field, and secondly, a new way of anthropological thought arose that focused on the invisible structures that held society together, like kinship and politics over material culture. With academia’s obstacles, the ethnographic film void was filled by commercial enterprise.

In 1912, Gaston Méliès family company Star Film, producer of special-effects films such A Trip to the Moon (1902), travelled to Tahiti and New Zealand to capture authentic locations set within fictional stories or documentaires romances. Visual anthropologist scholar, de Brigard (1975: 19) is critical:

Apart  from  entertainment,  what is the value  of nonscientific  films  of peoples  and customs?...Human behaviour in documentary and fiction films is subject to directorial distortion to such an extent that the film may be scientifically  worthless. However, authenticity can be found on levels untouched by dramatic action.

According to de Brigard (1975: 19), a film that demonstrates such authenticity is Edward Curtis’s 1914 film In the Land of the Head Hunters (aka In the Land of the War Canoes) shot in the Pacific Northwest. Although, to state this film is ‘untouched by dramatic action’ would be false. The film does depict many authentic elements such as artwork, architecture, dance, costume, rituals, and the use of local people as actors; however, it is again weaved into a fictional plot which, in de Brigard’s own
words (1975: 19), ‘concerns a wicked sorcerer, a hero, and their respective factions battling for a girl’. Melodramatic scenes are clearly staged with de Brigard (1975: 19) even commenting that ‘Curtis had learned the same lessons as D. W. Griffiths [Hollywood filmmaking pioneer], and he handled suspense well’. For de Brigard (1975: 19), her praise seems to be directed at the hard work put in by Curtis to capture his subjects.

The photographers  of the Indian  were  not trained  anthropologists,  but the best  of them  did  their  work  with  enthusiasm,  extraordinary  dedication,  and  sensitivity. Curtis, a prolific stills photographer, spent three seasons with the Kwakiutl filming a drama   of  love  and  war  in  settings   painstakingly   reconstructed   for  precontact authenticity.

Here, I must state that it is important not confuse reconstructed authenticity (however painstaking it was to recreate) with authenticity itself, but I can understand de Brigard’s appreciation for the ‘authentic’ scenes being depicted and the ethnographic value of Curtis’s footage to anthropologists. This tension between creativity and naturalism would continue in the commercial sector with arguably the most famous ethnographic film released eight years later in a seminal year for anthropology.

Dramatic scenes from Curtis’s In the Land of the Head Hunters (Canadian Heritage Film Festival n.d.).

In   1922,   both   Robert   Flaherty’s   film   Nanook   of   the   North   and   Bronislaw Malinowski’s  monograph  Argonauts  of  the  Western  Pacific  were  released.  Both raised the bar in their field and shared common ideas. Malinowski promoted focus on the ‘imponderabilia of everyday life’; Flaherty filmed mundane activities such as eating and sleeping. Malinowski sought the ‘native’s point of view’; Flaherty collaborated with Nanook by showing him new footage and receiving his comments (Loizos 1993: 13). Malinowski moved away from the dominant social evolutionist theory; Flaherty moved away from the dominant adventure and romance storyline. Malinowski  promoted  extensive  stays  in  the  field  and  participant  observation; Flaherty spent several years working and filming in the area and spent one year filming the actual footage released. Malinowski promoted native language learning; Flaherty  was  already  familiar  with  the  language  (Marks  1995:  340).  Flaherty, although not an anthropologist, was certainly an adept filmmaker and pushed the look of naturalism in ethnographic film. However, this realism comes under scrutiny when one investigates behind the scenes. For example, Nanook isn’t his real name, and the family isn’t his family; Nanook hunted with guns rather than spears as depicted in the film; Nanook knew what a gramophone was, contrary to the film; the interior igloo scene was shot in a constructed three-wall igloo set; Nanook battled against an off- camera person in the rope pulling scene, rather than a seal as edited (Rothman 1997, Barnouw 1993, Ebert 2005, Leacock 1990). With this in mind, notions of naturalism clearly weaken. Anthropologist and filmmaker Timothy Asch agrees: ‘…the film was scripted. Flaherty used Eskimos as actors playing their own roles and in that sense created a prototype for feature narrative films rather than documentary films’ (Crawford and Turton 1992: 196). From this statement, Asch might also agree with my own thoughts that the film should be considered strictly under the hybrid fiction/non-fiction genre of ethnofiction or docudrama and not ‘documentary’ as reflected in the categorisation and reviews on popular Internet websites such Wikipedia, IMDb, and Amazon. However, Hollywood film critic Roger Ebert (2005) is more sympathetic:

“Nanook” is not cinema verite. And yet in a sense it is: The movie is an authentic documentary  showing the creation of itself. What happens on the screen is real, no matter  what  happened  behind  it…It  has  an  authenticity  that  prevails  over  any complaints  that some of the sequences  were staged.  If you stage a walrus hunt [a

separate  scene to the one with the seal], it still involves hunting a walrus, and the walrus hasn’t seen the script. What shines through is the humanity and optimism of the Inuit.

Both Asch and Ebert’s comments are valid but whereas Asch, the anthropologist, is looking for scientific authenticity, Ebert, the commercial cinemagoer, wants authentic emotion. This tension has arisen through two reasons. The first – the influence of technology – is evident from the hand cranked 35mm Bell & Howell camera that limited Flaherty to the tripod and thus necessitated staging but with the new Akeley Gyro head it enabled him to pan and tilt, which became a Flaherty trademark. Richard Leacock  (1990:  1),  a  documentary  filmmaker  and  Flaherty’s  once  cameraman, explains the three-walled igloo: ‘The photographic emulsions were slow by contemporary standards, hence the absolute need to construct an igloo which was open on one side to let daylight in and afford room to set up the tripod’. The second reason – the social context (in Flaherty’s case commercialism) – is evident from Flaherty’s decision to sacrifice absolute reality for entertainment. Leacock (n.d.) recognises this: ‘When these films were made there was only one place to show films and that was in commercial cinemas. There were no film clubs, no film schools, no television. The cinemas were run, in most cases, by the big movie producers and they were run for profit’. Leacock (1990) explains the rope fight:

Both the Flahertys [Robert and his wife Frances] were acutely aware that after the almost miraculous success of Nanook, they still faced the same problem in their subsequent  films.  This is why there  are sequences  in all the films  except  Moana, which  was  a  bust  at  the  box  office,  that  in  my  view  are  “crowd  pleasers”.  The struggle between Nanook and the seal at opposite ends of a rope. The same sequence with Tiger King and the basking shark and then again in Louisiana Story with the boy and the alligator. These served as comic relief, no more, no less. In all these scenes there were some sturdy fellows at the other end of the rope.

These early 20th  century ethnographic films must be put in the social context of commercial   filmmaking.   These   filmmakers   had   no   obligation   to   represent ethnographic subjects in the scientific or sensitive way that an anthropologist would. In defence of his old employer and friend, Leacock (1990) continues: ‘Cheating? This

accusation implies that Flaherty had claimed that his films were pure “observation”. This is not so. Flaherty was making “movies” to be shown in Theaters along with the hokum coming out of the studios.’ In the most straightforward argument for the rights of creativity over naturalism in early ethnographic film, Leacock (1990) simply states

‘Robert Flaherty never claimed to be an Anthropologist’.

Left : Nanook attempts to eat the gramophone record in Rouch’s Nanook of the North (True Films 2004).

Right: One-man crew of Flaherty films Nanook in precarious conditions (Quintero 2011).

Between  1922,  the  year  Nanook  was  released,  till  1925,  a  different  style  of filmmaking happened in Russia. Dziga Vertov, directing the Kino-Pravda newsreel series, meaning ‘cinema truth’, combined the naturalism of the first cinèmatograph actuality films by the Lumières’ in 1895 with the technical creativity that D. W. Griffith pioneered with his 1915 Hollywood film Birth of a Nation to create what one would call today social documentary. Documentary scholars Ellis and McLane (2005:

28)  describe  Vertov’s  ethos:  ‘His  iconoclasm  was  intended  to  free  film  from bourgeois obfuscation of story and the effete pleasures of theatrical performance in order to arrive at the truths of the actual world’. In 1929, influenced by the films in Russia, John Grierson’s Drifters filmed the workers of a North Sea fishing trawler and started the British Documentary Film Movement and its ‘creative treatment of actuality’ (de Brigard 1975: 25). For both Vertov, being a young man in a new Communist Russia, and Grierson, being raised in a household supporting the poor and

the labour movement (Evans 2005), there are certainly parallels between their left- wing ideologies and their representational and uncensored style of filmmaking, which would in turn influence fiction films most notably in post-Fascist Italy in the form of Italian neorealism and the French and British New Wave in the late 1950s and 1960s. For anthropologists, this socially influenced shift towards naturalistic filmmaking in the  1920s  was  important  because  it  was  filmmaking’s  first  major  turn  towards minimal stagecraft.

Left: Newsreel showing the underprivileged in Vertov’s Kino-Pravda 1

(Germanwarfilms.com n.d.).

Right: Trawlermen at work in Grierson’s Drifters (University of Stirling Archives 2011).

Between 1936-1938, Bateson and Mead’s film work in Bali and New Guinea differed from others in two aspects. Firstly, they were anthropologists whose intentions were strictly for scientific research. Bateson explains: ‘We tried to use the still and the moving picture cameras to get a record of Balinese behaviour, and this is a very different matter from the preparation of a “documentary” film or photographs’ (Bateson and Mead 1942: 49). Secondly, they used the new 16mm Movikon camera (Jacknis 1988), instead of the heavier and more expensive 35mm. This allowed Bateson, the technician of the pair, more freedom to capture everyday naturalist behaviour. ‘We tried to shoot what happened normally and spontaneously, rather than to decide upon the norms and then get the Balinese to go through these behaviours in suitable lighting’ (Bateson and Mead 1942: 49). One issue that came out of their visual ethnography was the need to find balance between science and humanity, with Mead leaning on the side of the objective former, and Gregory the subjective latter. Mead, like Haddon and the early anthropologists, believed in the neutrality of the camera, envisioning that anthropologists could leave a filming camera in the middle of a village and return later to empirically analyse the data. Bateson disagreed and thought a mobile anthropologist was needed to engage in all aspects of life with the subject. The difference in their objective/subjective opinion remained throughout their lives and is evident from a 1976 discussion where in the following extract, Bateson has just argued that filming should not be on a tripod but handheld (Askew and Wilk 2002: 42-43):

Mead : And therefore you’ve introduced variation into it that is unnecessary. Bateson : I therefore got the information out that I thought was relevant at the time.

Mead : That’s right. And therefore what do you see later? [Referring to an earlier comment about altered material becoming unscientific.]

Bateson : If you put the damn thing on a tripod, you don’t get any relevance. Mead : No, you get what happened.

Bateson: It isn’t what happened.

(Several short exchanges later)

Bateson: If  Stewart  [the  interviewer]  reached  behind  his  back  to  scratch himself, I would like to be over there at that moment.

Mead: If you were over there at that moment you wouldn’t see him kicking the cat under the table. So that just doesn’t hold as an argument.

Bateson: Of  the  things  that  happen,  the  camera  is  only  going  to  record  1 percent anyway.

Mead: That’s right.


Bateson: I want that 1 percent on the whole to tell.

The most important part of this discussion comes from Bateson and the acknowledgement of his own subjectivity.

Bateson: …I think the photographic record should be an art form.

Mead: Oh  why?  Why  shouldn’t  you  have  some  records  that  aren’t  art forms? Because if it’s an art form, it has been altered.

Bateson: It’s undoubtedly been altered. I don’t think it exists unaltered.

This acceptance of the inevitable altering filmmaker is an early sign of the reflexivity that would later become a concern in its textual counterpart in the 1970s and 1980s, most notably with the publication of Writing Culture (1986). Jacknis (1988: 171) writes ‘Research involving human subjects attain objectivity not by ignoring the role of the observer, but by explicitly considering it as part of the investigation,’ and continues (1988: 173) ‘Bateson and Mead’s work was ahead of its time’. This reflexivity  or  ‘disciplined  subjectivity’  –  an  appropriate,  more  conservative  term given by their daughter Mary Catherine Bateson (1984: 163) – was indeed supported by Mead (1968:15-16), with the last line highlighting the delicate balance needed between the innate creativity of subjectivity and the naturalism of objectivity:

There  is  no  such  thing  as  an  unbiased  report  upon  any  social  situation…It  is comparable to a color-blind man reporting on a sunset. All of our recent endeavors in the social sciences have been to remove bias, to make the recording so impersonal and thereby  meaningless  that neither  emotion  nor scientific  significance  remained. Actually in matters of ethos, the surest and most perfect instrument of understanding is our own emotional response, provided that we can make a disciplined use of it.

However, Bateson and Mead’s academic work isn’t without its creative faults. In Trance and Dance (1951) two separate dances, one shot in December 1937 and the other in February 1939 (Jacknis 1988: 171), were edited and presented as one. Going further, John Marshall’s much-acclaimed The Hunters (1958) constructed a two-week story from several years of footage. In particular, the film’s set piece of a long, single hunt is actually from several ventures, whilst the hunters themselves are occasionally interchanged with other similar looking people (Heider 1976: 35, Loizos 1993: 22). Loizos (1993: 22) explains the medium’s technical limitations for presenting narrative precision:

Many writers have noted that because of the way film is typically edited, it tends to create  the  illusion  of  single  continuous   event  unless  we  are  deliberately   told otherwise,  because  at  the  level  of  images  it  lacks  the  grammatical   qualifying adjectives  ‘some’ ‘most’ ‘many’ ‘all’ (Metz 1974, Nichols 1981). With the simple

insertion of such terms writers can move back and forth between the general and the particular, but in film these issues are much harder to manage.

Left: The camera records the child’s fear and jealousy, illustrating Mead’s research in

Childhood Rivalry in Bali and New Guinea (PACE n.d.).

Right: Bateson on one knee as he films handheld from the Iatmul child’s eye level in New

Guinea, 1938 (Community Manager 2010).

In  1946,  travelling  down  the  Niger  river,  one  person  would  avoid  such  creative pitfalls by, instead, embracing them in his search for truth. Frenchman Jean Rouch, like Bateson and Mead, was fortunate to be an anthropologist working with a smaller

16mm Bell & Howell camera (de Brigard 1975), but added to this would be four more technical factors that would lead Rouch to create a groundbreaking style of documentary. Firstly, early in his project, his tripod went overboard and forced Rouch to fully adopt a handheld shooting style (de Brigard 1975, Cousins and Macdonald

1996: 264). Secondly, new 16mm film stock that required less light emerged. Thirdly, portable synchronous sound recorders, such as Rouch’s Nagra, was developed. And fourthly, by 1960, Rouch and his cameraman Michel Brault had constructed the even lighter and silent (so as not to be heard by the sound recorder) KMT Coultant-Mathot

16mm camera whose slimline body could be placed over the shoulder; this would be the prototype for the popular Éclair camera.

Rouch handling an over-the-shoulder Éclair camera (DER n.d.).

All four factors freed the camera to become more spontaneous and mobile, in particular in accessing small, quiet, and low-light environments like the informal and imitate privacy of someone’s home. The development in synchronised sound that we take for granted today also allowed subjects to speak for themselves instead of having the filmmaker’s voice-over like in Mead and Bateson’s work or Marshall’s The Hunters, which now draws criticism for its omniscient narration (Aitken 2006: 384); sync sound would also push towards the mainstream use of subtitles (Loizis 1973: 11,

13). French New Wave director Jean-Luc Godard wrote that in Rouch’s seminal psycho-sociological  film  Chronique  d’un  été  (1960,  co-directed  with  sociologist Edgar Morin) set in Paris, it ‘was the first time I heard a worker speak in a movie’ (Di Iorio 2013). As a result of these technical advances, Rouch managed to capture an unprecedented degree of naturalism and humanity in his subjects.

Although Rouch’s filmmaking style can be traced to these moments of mechanical liberation, his deeper ethos was influenced by the social context. In the years towards the decolonialisation of West Africa by France and Britain, Rouch was interested in Europe ‘decolonising themselves’ (Stoller 1992, Loizos 1973) through subverting European understanding of West Africa on topics like magic, urban migration, and racial attitudes. In essence, he aimed to return Regnault’s gaze, and most notably he did so with the humorous ‘reverse anthropology’ of Petit à Petit (1970) where a Nigerien flies to Paris to study their culture.

Damouré conducts measurements on Parisians for his ‘ethnology diploma’ in Rouch’s Petit à

Petit (Encounters n.d.).

Technically inspired by the urban hardship naturalistically depicted by Vertov and Italian neorealism, and philosophically inspired by the creative artist/subject relationship’s ploy for truth of Flaherty and Surrealist paintings (Bregstein 1986), Rouch combined them to create cinéma vérité, a filmmaking style committed to depicting truth through self-reflexivity and, in particular, the extreme acknowledgement of the subjective presence of the camera. Like Flaherty’s Nanook, Rouch’s films are what he himself called ‘ethnofiction’, only he stretched the tension between creativity and naturalism so far that, to viewers, fiction and reality seemed to circle round and blur into each other.

Three innovative truth-seeking tactics stand out in Rouch’s films that produce the grey area between creativity and naturalism. The first tactic is provocation via the

‘observer effect’ with the camera and filmmaker as an ‘active agent’ (Loizos 1993:


46) leading subjects into situations and emotions that could reveal a truth that would otherwise lie dormant. La pyramide humaine (1959) begins with Rouch recruiting a group of white students for his film about black-white relations but warns that ‘some of you will have to be the racists’. In the Chronique d’un été café table scene, Rouch creatively guides the natural discussion to caress out truths about people’s fears, prejudices, beliefs, and ignorance. Rouch explains:

When you have a microphone and when you have a camera aimed at people, there is, all of a sudden, a phenomenon  that takes place because people are being recorded: they behave very differently  than they would if they were not being recorded. But what has always seemed very strange to me is that, contrary to what one might think, when people are being recorded, the reactions that they have are always more sincere than those they have when they are not being recorded. The fact of being recorded gives these people a public. (Cousins and Macdonald 1996: 269)

Left: Young black-white friendships and romances are explored in Rouch’s La pyramide humaine (Álvarez 2009).

Right: Guided by Rouch, Parisians speak frankly about race in Rouch and Morin’s Chronique d’un été (Blondesearch n.d.).

The second tactic is collaboration, or the egalitarian ‘shared anthropology’ approach of giving ‘voice’, with the subjects as unofficial co-technicians, co-writers, co- directors, and informant-feedback commentators who mould the ethnographic film into a collective truth, becoming the precursor to indigenous filmmaking. In Moi, un noir (1957), the subject is also the film’s informal voice-over narrator. This replaces the traditional tightly scripted, all-seeing, all-knowing commentary of the filmmaker, or ‘voice of God’ (Loizos 1993: 12), and it addresses historic power relations in ethnographic film. In Chronique d’un été, the subjects are allowed to watch footage of themselves as Rouch films their different critical, defensive, protesting, and praiseful responses. Rouch explains the relationship between such a collaboration and new technology:

New techniques and equipment [allow] you to make feedback during the next visit to the  people  and  work  on  the  film  with  the  people,  which  is  very  important.  For example, now you can use small Super-8mm projectors and you need only a small Honda electrical generator to project the film where you want…Going back, stop on a frame,  going  back…collecting   information  that  would  be  impossible  to  collect without these tools. It's impossible to stop the priest or the Pope while he is saying his mass and say, ‘Why are you going from the right to the other part of the alter with this book.’ But, you can do it if you show the Pope or the priest the film — he can say [why he's] there. (Johnson 1978)

Left: The subject, Edward G. Robinson, looks directly at the camera and via voice-over introduces the viewer to his suburb in Rouch’s Moi, un noir (De Película n.d.).

Right: Subjects watch themselves in a cinema and offer opinions in Rouch and Morin’s

Chronique d’un été (The Metropolis Times 2012).

The third tactic – which also falls under ‘shared anthropology’ but which differs in the way truth is excavated – is improvisation by the subjects who perform a role that is a variation of themselves so as to attempt to uncover a subconscious or off-the- record personal truth behind the surface layer of everyday formality. In Moi, un noir the  subjects  take  on  ‘characters’  they  aspire  to  be  like  and  perform  this  role throughout the film revealing through their improvisation their own possible aspirations and frustrations in life. Documentary filmmaker and scholar Howes (1982:

28) praises the protagonist: ‘He expresses himself freely, improvising a dialogue which strikes one as overpowering in its honesty, intimacy and poignancy’. In the

standout scene of Chronique d’un été, Marceline’s improvisation powerfully morphed with her true memories of Jewish deportation with her father. She would later explain:

My truth is not in this film even though the memories of deportation which I evoked are real; and that is where all the ambiguity of cinema-verité exists, even if I thought about that scene in advance before shooting and it was a question of me finding ‘the tone’, but my truth in this sequence  is there because I had really lived what I was talking about. (Rouch and Morin 1962 in Loizos 1993: 63)

Left: A reflective scene allowing the character ‘Edward G. Robinson’ to reveal the subject

Oumarou Ganda in Rouch’s Moi, un noir (Losada 2010).

Right: Marceline painfully improvising as the camera follows from an unobtrusive distance in

Rouch and Morin’s Chronique d’un été (Images de Cinéma 2007).

Supporters of Rouch like Loizos (1993: 54) write ‘there is a real case for saying that by…“improvising” and “provoking” Rouch offered us something which perhaps comes closer to the truth than a stilted “film of record” might have done’. However, de Brigard (1975: 28) writes that his work has been described by some as ‘inveterate amateurism’ and ‘incurable dilettantism’, whilst Richard Leacock and the Direct Cinema movement across the Atlantic argued against Rouch’s provocative style and thought that the ‘fly on the wall’, non-intervention approach could better present objective truth: ‘We find that the degree to which the camera changes the situation is mostly due to the nature of the person filming it. You can make your presence known, or you can act in such a way as not to affect them’ (Cousins and Macdonald 1996:

257). Here, Leacock switches the power of presence from camera to filmmaker; however, I would argue that unless the subject was unaware they were being filmed, then the camera, no matter how hidden the filmmaker, still retains its power. The importance of Rouch to ethnographic film, then, is not the filmmaker’s provocative and collaborative tactics for truth per se, but rather his acknowledgement of the camera as a powerful, deforming, non-objective instrument that his tactics serve to convey.

In conclusion, from 1895 to the 1920s, anthropologists were hindered by the physical and economic difficulty in ethnographic filmmaking as well as the discipline’s analytical turn from the positivist study of material culture to the abstract study of invisible structures (e.g. Regnault’s Wolof women in Paris, Haddon’s Torres Strait expedition), subsequently this left the space for commercial films to depict ethnographic subjects (e.g. Méliès’s documentaires romances, Curtis’s In the Land of the Head- Hunters, Flaherty’s Nanook of the North). In the 1920s, left-wing social movements led to the creation of realist social documentary (e.g. Vertov’s Kino- Pravda, Grierson’s Drifters). In the 1930s, the smaller and lighter 16mm camera provided greater filmmaking freedom, and the refocus on scientific research raised questions over filmmaker objectivity/subjectivity and highlighted the notion of reflexivity to anthropology (e.g. Bateson and Mead’s research in Bali and New Guinea). In the 1950s, Rouch’s naturalistic handheld 16mm filmmaking style complimented the creative truth-seeking ethos of cinéma vérité and its active agency. Fundamentally, Rouch opposed the empiricist theoretical ideas of Haddon, Vertov, and Mead by not believing the camera to be an objective truth-telling machine, but instead he heavily built on the collaborative work of Flaherty and the reflexive thoughts of Bateson to find his truth (it would take at least another decade before anthropologists working in the textual medium publicly questioned their own systematic biases in the construction of their written ethnographies, at least in the USA). Beyond 1960, innovations in technology – e.g. wireless mics, cheaper and user-friendly video and DV cameras, digital editing, and Youtube – and changing social contexts – e.g. increased academic interest in ethnographic films (e.g. the 1968 formation of Documentary Educational Resources, which produced Asch and Chagnon’s 1975 The Ax Fight with its pedagogic presentation of a single, continuous

‘sequence’),   emergence   of   ethno-entertainment   television   programmes   (e.g. Granada’s Disappearing World 1969-1993 series), new post-structuralist anthropological theory (Loizos 1993: 12), increased ethnographic film writing (e.g. Ruby 1975, Heider 1976, Nichols 1981), indigenous filmmaking (e.g. Worth and Adair’s Navajo Film Themselves 1966 series), and experimental filmmaking (e.g. Gardner’s Dead Birds 1963 and Forest of Bliss 1985) – all continued to shape and challenge the definition of ethnographic films.

As stated at the top of this essay, there has indeed been a tension back-and-forth between   creativity   and   naturalism   not   only   in   the   chronological   history   of ethnographic films but, more importantly, within individual films themselves. As outlined above, this tension was born from, firstly, the possibilities and limitations of technology and, secondly, the social context. From 1895 to 1960, this tension reached its pinnacle in the subversive films of Jean Rouch who taught future ethnographic filmmakers the importance reflexivity and future ethnographic film viewers the importance of scepticism.

References

Book and articles

Aitken, Ian (ed.) (2006) The concise Routledge encyclopedia of the documentary film. Reprint, Oxon: Routledge, 2013.

Askew, Kelly and Richard R. Wilk (eds.) (2002) The anthropology of media: a reader. Malden, MA and Oxford: Blackwell Publishing.

Barnouw, Erik (1993) Documentary: A history of the non-fiction film. Oxford: Oxford

University Press.

Bateson, Gregory and Margaret Mead (1942) Balinese character: A photographic analysis. New York: Academy of Sciences.

Bateson, Mary Catherine (1984) With a daughter’s eye: A memoir of Margaret Mead and Gregory Bateson. New York: William Morrow.

Crawford, Peter Ian and David Turton (eds.) (1992) Film as ethnography. Reprint, Manchester: Manchester University Press, 2000.

Chapman, Daniel Ethan (2009) The scientist and the potter: Felix-Louis Regnault and his imperialist lens. International Journal of Critical Pedagogy, 2 (1), 88-99.

Clifford, James and George E. Marcus (ed.) (1986) Writing culture: the poetics and politics of ethnography. Berkeley: University of California Press

Cousins, Mark and Kevin Macdonald (1996) Imagining reality: the Faber book of documentary. London: Faber and Faber, 2006.

de Brigard, Emilie (1975) The history of ethnographic film. In Hockings, Paul (ed.)

Principles of visual anthropology. Berlin: Mouton de Gruyter.

Ellis, Jack C. and Betsy A. McLane (2005) A new history of documentary film. New

York and London: The Continuum International Publishing Group.

Evan, Gary (2005) John Grierson: trailblazer of documentary film. Montreal: XYZ Publishing.

Heider, Karl G. (1976) Ethnographic film: revised edition. Reprint, Austin: University of Texas Press, 2006.

Howes, Arthur (1982) Jean Rouch: an anthropological film-maker. Undercut, 9, 28-32.

Jacknis, Ira (1988) Margaret Mead and Gregory Bateson in Bali: their use of photography and film. Cultural Anthropology, 3 (2), 160-177.

Leacock, Richard (1990) Essays by Richard Leacock.

Levin, G. Roy (1971) Documentary explorations: 15 interviews with film-makers.

Garden City, New York: Doubleday.

Loizos, Peter (1993) Innovation in ethnographic film: from innocence to self- consciousness 1955-1985. Chicago: University of Chicago Press.

Malinowski, Bronislaw (1922) Argonauts of the western Pacific. Reprint, London and

New York: Routledge & Kegan Paul, 1987.

Marks, Dan (1995) Ethnography and ethnographic film: from Flaherty to Asch and after. American Anthropologist, 97 (2), 339-347.

Mead, Margaret (1968) The mountain Arapesh, 1: the record of Unabelin with

Rorschach analysis. Garden City: Natural History Press.

Metz, Christian (1974) Film language: a semiotics of the cinema. Oxford: Oxford

University Press.

Nichols, Bill (1981) Ideology and the image: social representation in the cinema and other media. Bloomington, Indiana: Indiana University Press.

Rothman, William (1997) Documentary film classics. Cambridge: Cambridge

University Press.

Ruby, Jay (1975) Is an ethnographic film a filmic ethnography? Studies in the

Anthropology of Visual Communication, 2 (2), 104-11.

Stoller, Paul (1992) The cinematic griot: the ethnography of Jean Rouch. Chicago and London: University of Chicago Press.

Torresan, Angela (n.d.) Using film in ethnographic film research.

Films
Asch, Timothy and Napoleon Chagnon (1975) The ax fight. Watertown, MA: Documentary Education Resources. Colour, 30 mins.

Bateson, Gregory and Margaret Mead (1951) Trance and dance in Bali.

Pennsylvania: Pennsylvania State University. Black and white, 22 mins.

Bateson, Gregory and Margaret Mead (1953) Childhood rivalry in Bali and New Guinea. Pennsylvania: Pennsylvania State University. Black and white, 16 mins.

Bregstein, Philo (1986) Jean Rouch and his camera in the heart of Africa.

Watertown, MA: Documentary Education Resources. Colour, 74 mins.

Curtis, Edward S. (1914) In the land of the head hunters. USA: World Film. Black and white, 47 mins.

Eaton, Michael (2010) The masks of Mer. UK: Potlatch Production. Colour, 37 mins.

Flaherty, Robert (1922) Nanook of the north. Paris: Les Freres Revillon. Black and white, 79 mins.

Gardner, Robert (1963) Dead birds. Watertown, MA: Documentary Education

Resources. Colour, 83 mins.

Gardner, Robert (1985) Forest of bliss. Watertown, MA: Documentary Education

Resources. Colour, 90 mins.

Grierson, John (1929) Drifters. UK: Empire Marketing Board. Black and white, 49 mins.

Griffith, D. W. (1915) Birth of a nation. USA: D. W. Griffith Corp. Black and white,

187 mins.

Haddon, Alfred Cort (1898) Torres Strait islanders. Cambridge: University of

Cambridge. Black and white, 4 mins.

Lumière, Louis (1895) Workers leaving the Lumière factory. France: Lumière.

Black and white, 1 min.

Marshall, John (1958) The hunters. Watertown, MA: Documentary Educational

Resources. Colour, 73 mins.

Méliès, George (1902) A trip to the moon. Paris: Star Film. Black and white, 12 mins.

Rouch, Jean (1955) Les maîtres fous. France: Les Films de la Plèiade. Colour, 36 mins.

Rouch, Jean (1957) Moi, un noir. France: Les Films de la Plèiade. Colour, 70 mins.

Rouch, Jean (1959) La pyramide humaine. France: Les Films de la Plèiade. Colour,

90 mins.

Rouch, Jean (1967) Jaguar. France: Les Films de la Plèiade. Colour, 93 mins. Rouch, Jean (1970) Petit à Petit. France: Les Films de la Plèiade. Colour,

93 mins.

Rouch, Jean and Edgar Morin (1960) Chronique d’un été. Paris: Argos Films. Black and white, 85 mins.


Vertov, Dziga (1922-1925) Kino-pravda. USSR: Kultkino. Black and white, 10-29 mins x 23.
Images

‘Say, rare Machine, who taught thee to design? / And mimick Nature with such Skill divine’ (anonymously authored poem in praise of the camera obscura, 1747).


Does a study of the history of ethnographic film reveal a tension between creativity and naturalism?

The camera’s ability for representation has been an area of critique in the history of documentary filmmaking. What is real and what is constructed? Are truth and reality the same thing? Can one construct truth? With regards specifically to ethnographic film, this paper will focus on its crucial formative years and, within this period, chronologically trace its development from the first footage of ethnographic interest in 1895 to the radical challenges to documentary leading towards its technical and theoretical modernisation in 1960. I will argue, using film examples, that there has been an ever present tension between creativity and naturalism and that the reason for this tension has come from (1) filmmaking technology’s possibilities and limits, and (2) the social context that influence the filmmaker’s decisions.

In 1895, Felix-Louis Regnault visited the Exposition Ethnographique de l’Afrique Occidentale in Paris. Like a zoo, they consisted of constructed sets marked off by a fence where ‘exotic’ people would seemingly conduct their everyday activities for the pleasure of Europeans who sometimes threw them money. Most importantly, it was considered rude or inappropriate for the Other to return the gaze. This meant that Europeans ‘were free to define, categorize, and label their subjects with impunity’ (Chapman 2009: 98). Reganult’s camera visually recorded ethnographic subjectivity for the very first time, and in Paris subjectivity happened to be at its most extreme, because what Regnault captured was not a skilled pot-making Wolof woman but the power relationship of the colonial era aligned with normative ideas of social evolutionism. Thus the story of ethnographic film begins with its most creative work, not because of its coercive out of place performance in a constructed set, but because of the 1895 ‘creative’ mentality of the viewer. Naturalism it was not.

Left: Sketch of Regnault’s destroyed footage of Wolof woman (SPLA n.d).

Right: Example of exposition poster, Lyon, 1894 (Libèration n.d.).

In 1898, Alfred Cort Haddon led a holistic Cambridge expedition of seven – whose professional roles covered anthropology, ethnology, zoology, neurology, psychiatry, psychology, linguistics, musicology, and photography – to the Torres Strait. Aligning themselves to the natural sciences, Haddon’s positivist generation saw the camera as their equivalent to a microscope or telescope which could visually apprehend material culture  such  as  dress,  technology,  and  architecture  and  overcome  the  objective problem of their discipline (Torresan n.d.). For the first time, the camera was taken into the field for salvage ethnography. However, not yet accustomed to developing technology, Haddon’s 35mm Newman and Guardia camera often jammed, spoiling the film. It was also too big and the film stock too sensitive to be able to move around in the manner now associated with realist documentary. Thus due to the limits of both early technology and the lack of knowledge of how best to take advantage of it, what is produced is, like Regnault’s piece, a performance, although there is at least collaboration between Haddon and the Malo (Eaton 2010).

Malo ceremonial dance in Haddon’s Torres Strait Islanders (The Bioscope 2010).

In the early 20th  century, filmmaking failed in anthropology. Firstly, there was the practical difficulties of taking cameras into the field, and secondly, a new way of anthropological thought arose that focused on the invisible structures that held society together, like kinship and politics over material culture. With academia’s obstacles, the ethnographic film void was filled by commercial enterprise.

In 1912, Gaston Méliès family company Star Film, producer of special-effects films such A Trip to the Moon (1902), travelled to Tahiti and New Zealand to capture authentic locations set within fictional stories or documentaires romances. Visual anthropologist scholar, de Brigard (1975: 19) is critical:

Apart  from  entertainment,  what is the value  of nonscientific  films  of peoples  and customs?...Human behaviour in documentary and fiction films is subject to directorial distortion to such an extent that the film may be scientifically  worthless. However, authenticity can be found on levels untouched by dramatic action.

According to de Brigard (1975: 19), a film that demonstrates such authenticity is Edward Curtis’s 1914 film In the Land of the Head Hunters (aka In the Land of the War Canoes) shot in the Pacific Northwest. Although, to state this film is ‘untouched by dramatic action’ would be false. The film does depict many authentic elements such as artwork, architecture, dance, costume, rituals, and the use of local people as actors; however, it is again weaved into a fictional plot which, in de Brigard’s own

words (1975: 19), ‘concerns a wicked sorcerer, a hero, and their respective factions battling for a girl’. Melodramatic scenes are clearly staged with de Brigard (1975: 19) even commenting that ‘Curtis had learned the same lessons as D. W. Griffiths [Hollywood filmmaking pioneer], and he handled suspense well’. For de Brigard (1975: 19), her praise seems to be directed at the hard work put in by Curtis to capture his subjects.

The photographers  of the Indian  were  not trained  anthropologists,  but the best  of them  did  their  work  with  enthusiasm,  extraordinary  dedication,  and  sensitivity. Curtis, a prolific stills photographer, spent three seasons with the Kwakiutl filming a drama   of  love  and  war  in  settings   painstakingly   reconstructed   for  precontact authenticity.

Here, I must state that it is important not confuse reconstructed authenticity (however painstaking it was to recreate) with authenticity itself, but I can understand de Brigard’s appreciation for the ‘authentic’ scenes being depicted and the ethnographic value of Curtis’s footage to anthropologists. This tension between creativity and naturalism would continue in the commercial sector with arguably the most famous ethnographic film released eight years later in a seminal year for anthropology.

Dramatic scenes from Curtis’s In the Land of the Head Hunters (Canadian Heritage Film

Festival n.d.).

In   1922,   both   Robert   Flaherty’s   film   Nanook   of   the   North   and   Bronislaw Malinowski’s  monograph  Argonauts  of  the  Western  Pacific  were  released.  Both raised the bar in their field and shared common ideas. Malinowski promoted focus on the ‘imponderabilia of everyday life’; Flaherty filmed mundane activities such as eating and sleeping. Malinowski sought the ‘native’s point of view’; Flaherty collaborated with Nanook by showing him new footage and receiving his comments (Loizos 1993: 13). Malinowski moved away from the dominant social evolutionist theory; Flaherty moved away from the dominant adventure and romance storyline. Malinowski  promoted  extensive  stays  in  the  field  and  participant  observation; Flaherty spent several years working and filming in the area and spent one year filming the actual footage released. Malinowski promoted native language learning; Flaherty  was  already  familiar  with  the  language  (Marks  1995:  340).  Flaherty, although not an anthropologist, was certainly an adept filmmaker and pushed the look of naturalism in ethnographic film. However, this realism comes under scrutiny when one investigates behind the scenes. For example, Nanook isn’t his real name, and the family isn’t his family; Nanook hunted with guns rather than spears as depicted in the film; Nanook knew what a gramophone was, contrary to the film; the interior igloo scene was shot in a constructed three-wall igloo set; Nanook battled against an off- camera person in the rope pulling scene, rather than a seal as edited (Rothman 1997, Barnouw 1993, Ebert 2005, Leacock 1990). With this in mind, notions of naturalism clearly weaken. Anthropologist and filmmaker Timothy Asch agrees: ‘…the film was scripted. Flaherty used Eskimos as actors playing their own roles and in that sense created a prototype for feature narrative films rather than documentary films’ (Crawford and Turton 1992: 196). From this statement, Asch might also agree with my own thoughts that the film should be considered strictly under the hybrid fiction/non-fiction genre of ethnofiction or docudrama and not ‘documentary’ as reflected in the categorisation and reviews on popular Internet websites such Wikipedia, IMDb, and Amazon. However, Hollywood film critic Roger Ebert (2005) is more sympathetic:

“Nanook” is not cinema verite. And yet in a sense it is: The movie is an authentic documentary  showing the creation of itself. What happens on the screen is real, no matter  what  happened  behind  it…It  has  an  authenticity  that  prevails  over  any complaints  that some of the sequences  were staged.  If you stage a walrus hunt [a

separate  scene to the one with the seal], it still involves hunting a walrus, and the walrus hasn’t seen the script. What shines through is the humanity and optimism of the Inuit.

Both Asch and Ebert’s comments are valid but whereas Asch, the anthropologist, is looking for scientific authenticity, Ebert, the commercial cinemagoer, wants authentic emotion. This tension has arisen through two reasons. The first – the influence of technology – is evident from the hand cranked 35mm Bell & Howell camera that limited Flaherty to the tripod and thus necessitated staging but with the new Akeley Gyro head it enabled him to pan and tilt, which became a Flaherty trademark. Richard Leacock  (1990:  1),  a  documentary  filmmaker  and  Flaherty’s  once  cameraman, explains the three-walled igloo: ‘The photographic emulsions were slow by contemporary standards, hence the absolute need to construct an igloo which was open on one side to let daylight in and afford room to set up the tripod’. The second reason – the social context (in Flaherty’s case commercialism) – is evident from Flaherty’s decision to sacrifice absolute reality for entertainment. Leacock (n.d.) recognises this: ‘When these films were made there was only one place to show films and that was in commercial cinemas. There were no film clubs, no film schools, no television. The cinemas were run, in most cases, by the big movie producers and they were run for profit’. Leacock (1990) explains the rope fight:

Both the Flahertys [Robert and his wife Frances] were acutely aware that after the almost miraculous success of Nanook, they still faced the same problem in their subsequent  films.  This is why there  are sequences  in all the films  except  Moana, which  was  a  bust  at  the  box  office,  that  in  my  view  are  “crowd  pleasers”.  The struggle between Nanook and the seal at opposite ends of a rope. The same sequence with Tiger King and the basking shark and then again in Louisiana Story with the boy and the alligator. These served as comic relief, no more, no less. In all these scenes there were some sturdy fellows at the other end of the rope.

These early 20th  century ethnographic films must be put in the social context of commercial   filmmaking.   These   filmmakers   had   no   obligation   to   represent ethnographic subjects in the scientific or sensitive way that an anthropologist would. In defence of his old employer and friend, Leacock (1990) continues: ‘Cheating? This

accusation implies that Flaherty had claimed that his films were pure “observation”. This is not so. Flaherty was making “movies” to be shown in Theaters along with the hokum coming out of the studios.’ In the most straightforward argument for the rights of creativity over naturalism in early ethnographic film, Leacock (1990) simply states

‘Robert Flaherty never claimed to be an Anthropologist’.

Left : Nanook attempts to eat the gramophone record in Rouch’s Nanook of the North (True

Films 2004).

Right: One-man crew of Flaherty films Nanook in precarious conditions (Quintero 2011).

Between  1922,  the  year  Nanook  was  released,  till  1925,  a  different  style  of filmmaking happened in Russia. Dziga Vertov, directing the Kino-Pravda newsreel series, meaning ‘cinema truth’, combined the naturalism of the first cinèmatograph actuality films by the Lumières’ in 1895 with the technical creativity that D. W. Griffith pioneered with his 1915 Hollywood film Birth of a Nation to create what one would call today social documentary. Documentary scholars Ellis and McLane (2005:

28)  describe  Vertov’s  ethos:  ‘His  iconoclasm  was  intended  to  free  film  from bourgeois obfuscation of story and the effete pleasures of theatrical performance in order to arrive at the truths of the actual world’. In 1929, influenced by the films in Russia, John Grierson’s Drifters filmed the workers of a North Sea fishing trawler and started the British Documentary Film Movement and its ‘creative treatment of actuality’ (de Brigard 1975: 25). For both Vertov, being a young man in a new Communist Russia, and Grierson, being raised in a household supporting the poor and

the labour movement (Evans 2005), there are certainly parallels between their left- wing ideologies and their representational and uncensored style of filmmaking, which would in turn influence fiction films most notably in post-Fascist Italy in the form of Italian neorealism and the French and British New Wave in the late 1950s and 1960s. For anthropologists, this socially influenced shift towards naturalistic filmmaking in the  1920s  was  important  because  it  was  filmmaking’s  first  major  turn  towards minimal stagecraft.

Left: Newsreel showing the underprivileged in Vertov’s Kino-Pravda 1

(Germanwarfilms.com n.d.).

Right: Trawlermen at work in Grierson’s Drifters (University of Stirling Archives 2011).

Between 1936-1938, Bateson and Mead’s film work in Bali and New Guinea differed from others in two aspects. Firstly, they were anthropologists whose intentions were strictly for scientific research. Bateson explains: ‘We tried to use the still and the moving picture cameras to get a record of Balinese behaviour, and this is a very different matter from the preparation of a “documentary” film or photographs’ (Bateson and Mead 1942: 49). Secondly, they used the new 16mm Movikon camera (Jacknis 1988), instead of the heavier and more expensive 35mm. This allowed Bateson, the technician of the pair, more freedom to capture everyday naturalist behaviour. ‘We tried to shoot what happened normally and spontaneously, rather than to decide upon the norms and then get the Balinese to go through these behaviours in suitable lighting’ (Bateson and Mead 1942: 49). One issue that came out of their

visual ethnography was the need to find balance between science and humanity, with Mead leaning on the side of the objective former, and Gregory the subjective latter. Mead, like Haddon and the early anthropologists, believed in the neutrality of the camera, envisioning that anthropologists could leave a filming camera in the middle of a village and return later to empirically analyse the data. Bateson disagreed and thought a mobile anthropologist was needed to engage in all aspects of life with the subject. The difference in their objective/subjective opinion remained throughout their lives and is evident from a 1976 discussion where in the following extract, Bateson has just argued that filming should not be on a tripod but handheld (Askew and Wilk 2002: 42-43):

Mead:                And therefore you’ve introduced variation into it that is unnecessary. Bateson:             I therefore got the information out that I thought was relevant at the

time.

Mead:                That’s right. And therefore what do you see later? [Referring to an earlier comment about altered material becoming unscientific.]

Bateson:             If you put the damn thing on a tripod, you don’t get any relevance. Mead:                No, you get what happened.

Bateson:             It isn’t what happened.

(Several short exchanges later)

Bateson:             If  Stewart  [the  interviewer]  reached  behind  his  back  to  scratch himself, I would like to be over there at that moment.

Mead:                If you were over there at that moment you wouldn’t see him kicking the cat under the table. So that just doesn’t hold as an argument.

Bateson:             Of  the  things  that  happen,  the  camera  is  only  going  to  record  1 percent anyway.

Mead:                That’s right.

Bateson:             I want that 1 percent on the whole to tell.

The most important part of this discussion comes from Bateson and the acknowledgement of his own subjectivity.
Bateson:             …I think the photographic record should be an art form.

Mead:                Oh  why?  Why  shouldn’t  you  have  some  records  that  aren’t  art forms? Because if it’s an art form, it has been altered.

Bateson:             It’s undoubtedly been altered. I don’t think it exists unaltered.

This acceptance of the inevitable altering filmmaker is an early sign of the reflexivity that would later become a concern in its textual counterpart in the 1970s and 1980s, most notably with the publication of Writing Culture (1986). Jacknis (1988: 171) writes ‘Research involving human subjects attain objectivity not by ignoring the role of the observer, but by explicitly considering it as part of the investigation,’ and continues (1988: 173) ‘Bateson and Mead’s work was ahead of its time’. This reflexivity  or  ‘disciplined  subjectivity’  –  an  appropriate,  more  conservative  term given by their daughter Mary Catherine Bateson (1984: 163) – was indeed supported by Mead (1968:15-16), with the last line highlighting the delicate balance needed between the innate creativity of subjectivity and the naturalism of objectivity:

There  is  no  such  thing  as  an  unbiased  report  upon  any  social  situation…It  is comparable to a color-blind man reporting on a sunset. All of our recent endeavors in the social sciences have been to remove bias, to make the recording so impersonal and thereby  meaningless  that neither  emotion  nor scientific  significance  remained. Actually in matters of ethos, the surest and most perfect instrument of understanding is our own emotional response, provided that we can make a disciplined use of it.

However, Bateson and Mead’s academic work isn’t without its creative faults. In Trance and Dance (1951) two separate dances, one shot in December 1937 and the other in February 1939 (Jacknis 1988: 171), were edited and presented as one. Going further, John Marshall’s much-acclaimed The Hunters (1958) constructed a two-week story from several years of footage. In particular, the film’s set piece of a long, single hunt is actually from several ventures, whilst the hunters themselves are occasionally interchanged with other similar looking people (Heider 1976: 35, Loizos 1993: 22). Loizos (1993: 22) explains the medium’s technical limitations for presenting narrative precision:

Many writers have noted that because of the way film is typically edited, it tends to create  the  illusion  of  single  continuous   event  unless  we  are  deliberately   told otherwise,  because  at  the  level  of  images  it  lacks  the  grammatical   qualifying adjectives  ‘some’ ‘most’ ‘many’ ‘all’ (Metz 1974, Nichols 1981). With the simple insertion of such terms writers can move back and forth between the general and the particular, but in film these issues are much harder to manage.
Left: The camera records the child’s fear and jealousy, illustrating Mead’s research in
Childhood Rivalry in Bali and New Guinea (PACE n.d.).
Right: Bateson on one knee as he films handheld from the Iatmul child’s eye level in New
Guinea, 1938 (Community Manager 2010).
In  1946,  travelling  down  the  Niger  river,  one  person  would  avoid  such  creative pitfalls by, instead, embracing them in his search for truth. Frenchman Jean Rouch, like Bateson and Mead, was fortunate to be an anthropologist working with a smaller

16mm Bell & Howell camera (de Brigard 1975), but added to this would be four more technical factors that would lead Rouch to create a groundbreaking style of documentary. Firstly, early in his project, his tripod went overboard and forced Rouch to fully adopt a handheld shooting style (de Brigard 1975, Cousins and Macdonald

1996: 264). Secondly, new 16mm film stock that required less light emerged. Thirdly, portable synchronous sound recorders, such as Rouch’s Nagra, was developed. And fourthly, by 1960, Rouch and his cameraman Michel Brault had constructed the even lighter and silent (so as not to be heard by the sound recorder) KMT Coultant-Mathot

16mm camera whose slimline body could be placed over the shoulder; this would be the prototype for the popular Éclair camera.

Rouch handling an over-the-shoulder Éclair camera (DER n.d.).

All four factors freed the camera to become more spontaneous and mobile, in particular in accessing small, quiet, and low-light environments like the informal and imitate privacy of someone’s home. The development in synchronised sound that we take for granted today also allowed subjects to speak for themselves instead of having the filmmaker’s voice-over like in Mead and Bateson’s work or Marshall’s The Hunters, which now draws criticism for its omniscient narration (Aitken 2006: 384); sync sound would also push towards the mainstream use of subtitles (Loizis 1973: 11,

13). French New Wave director Jean-Luc Godard wrote that in Rouch’s seminal psycho-sociological  film  Chronique  d’un  été  (1960,  co-directed  with  sociologist Edgar Morin) set in Paris, it ‘was the first time I heard a worker speak in a movie’ (Di Iorio 2013). As a result of these technical advances, Rouch managed to capture an unprecedented degree of naturalism and humanity in his subjects.

Although Rouch’s filmmaking style can be traced to these moments of mechanical liberation, his deeper ethos was influenced by the social context. In the years towards the decolonialisation of West Africa by France and Britain, Rouch was interested in Europe ‘decolonising themselves’ (Stoller 1992, Loizos 1973) through subverting European understanding of West Africa on topics like magic, urban migration, and racial attitudes. In essence, he aimed to return Regnault’s gaze, and most notably he did so with the humorous ‘reverse anthropology’ of Petit à Petit (1970) where a Nigerien flies to Paris to study their culture.

Damouré conducts measurements on Parisians for his ‘ethnology diploma’ in Rouch’s Petit à

Petit (Encounters n.d.).

Technically inspired by the urban hardship naturalistically depicted by Vertov and Italian neorealism, and philosophically inspired by the creative artist/subject relationship’s ploy for truth of Flaherty and Surrealist paintings (Bregstein 1986), Rouch combined them to create cinéma vérité, a filmmaking style committed to depicting truth through self-reflexivity and, in particular, the extreme acknowledgement of the subjective presence of the camera. Like Flaherty’s Nanook, Rouch’s films are what he himself called ‘ethnofiction’, only he stretched the tension between creativity and naturalism so far that, to viewers, fiction and reality seemed to circle round and blur into each other.

Three innovative truth-seeking tactics stand out in Rouch’s films that produce the grey area between creativity and naturalism. The first tactic is provocation via the

‘observer effect’ with the camera and filmmaker as an ‘active agent’ (Loizos 1993:46) leading subjects into situations and emotions that could reveal a truth that would otherwise lie dormant. La pyramide humaine (1959) begins with Rouch recruiting a group of white students for his film about black-white relations but warns that ‘some of you will have to be the racists’. In the Chronique d’un été café table scene, Rouch creatively guides the natural discussion to caress out truths about people’s fears, prejudices, beliefs, and ignorance. Rouch explains:

When you have a microphone and when you have a camera aimed at people, there is, all of a sudden, a phenomenon  that takes place because people are being recorded: they behave very differently  than they would if they were not being recorded. But what has always seemed very strange to me is that, contrary to what one might think, when people are being recorded, the reactions that they have are always more sincere than those they have when they are not being recorded. The fact of being recorded gives these people a public. (Cousins and Macdonald 1996: 269)

Left: Young black-white friendships and romances are explored in Rouch’s La pyramide humaine (Álvarez 2009).

Right: Guided by Rouch, Parisians speak frankly about race in Rouch and Morin’s Chronique d’un été (Blondesearch n.d.).

The second tactic is collaboration, or the egalitarian ‘shared anthropology’ approach of giving ‘voice’, with the subjects as unofficial co-technicians, co-writers, co- directors, and informant-feedback commentators who mould the ethnographic film into a collective truth, becoming the precursor to indigenous filmmaking. In Moi, un noir (1957), the subject is also the film’s informal voice-over narrator. This replaces the traditional tightly scripted, all-seeing, all-knowing commentary of the filmmaker, or ‘voice of God’ (Loizos 1993: 12), and it addresses historic power relations in ethnographic film. In Chronique d’un été, the subjects are allowed to watch footage of themselves as Rouch films their different critical, defensive, protesting, and praiseful responses. Rouch explains the relationship between such a collaboration and new technology:

New techniques and equipment [allow] you to make feedback during the next visit to the  people  and  work  on  the  film  with  the  people,  which  is  very  important.  For example, now you can use small Super-8mm projectors and you need only a small Honda electrical generator to project the film where you want…Going back, stop on a frame,  going  back…collecting   information  that  would  be  impossible  to  collect without these tools. It's impossible to stop the priest or the Pope while he is saying his mass and say, ‘Why are you going from the right to the other part of the alter with this book.’ But, you can do it if you show the Pope or the priest the film — he can say [why he's] there. (Johnson 1978)
Left: The subject, Edward G. Robinson, looks directly at the camera and via voice-over introduces the viewer to his suburb in Rouch’s Moi, un noir (De Película n.d.).

Right: Subjects watch themselves in a cinema and offer opinions in Rouch and Morin’s

Chronique d’un été (The Metropolis Times 2012).

The third tactic – which also falls under ‘shared anthropology’ but which differs in the way truth is excavated – is improvisation by the subjects who perform a role that is a variation of themselves so as to attempt to uncover a subconscious or off-the- record personal truth behind the surface layer of everyday formality. In Moi, un noir the  subjects  take  on  ‘characters’  they  aspire  to  be  like  and  perform  this  role throughout the film revealing through their improvisation their own possible aspirations and frustrations in life. Documentary filmmaker and scholar Howes (1982:

28) praises the protagonist: ‘He expresses himself freely, improvising a dialogue which strikes one as overpowering in its honesty, intimacy and poignancy’. In the

standout scene of Chronique d’un été, Marceline’s improvisation powerfully morphed with her true memories of Jewish deportation with her father. She would later explain:

My truth is not in this film even though the memories of deportation which I evoked are real; and that is where all the ambiguity of cinema-verité exists, even if I thought about that scene in advance before shooting and it was a question of me finding ‘the tone’, but my truth in this sequence  is there because I had really lived what I was talking about. (Rouch and Morin 1962 in Loizos 1993: 63)

Left: A reflective scene allowing the character ‘Edward G. Robinson’ to reveal the subject

Oumarou Ganda in Rouch’s Moi, un noir (Losada 2010).

Right: Marceline painfully improvising as the camera follows from an unobtrusive distance in

Rouch and Morin’s Chronique d’un été (Images de Cinéma 2007).

Supporters of Rouch like Loizos (1993: 54) write ‘there is a real case for saying that by…“improvising” and “provoking” Rouch offered us something which perhaps comes closer to the truth than a stilted “film of record” might have done’. However, de Brigard (1975: 28) writes that his work has been described by some as ‘inveterate amateurism’ and ‘incurable dilettantism’, whilst Richard Leacock and the Direct Cinema movement across the Atlantic argued against Rouch’s provocative style and thought that the ‘fly on the wall’, non-intervention approach could better present objective truth: ‘We find that the degree to which the camera changes the situation is mostly due to the nature of the person filming it. You can make your presence known, or you can act in such a way as not to affect them’ (Cousins and Macdonald 1996:

257). Here, Leacock switches the power of presence from camera to filmmaker; however, I would argue that unless the subject was unaware they were being filmed, then the camera, no matter how hidden the filmmaker, still retains its power. The importance of Rouch to ethnographic film, then, is not the filmmaker’s provocative and collaborative tactics for truth per se, but rather his acknowledgement of the camera as a powerful, deforming, non-objective instrument that his tactics serve to convey.

In conclusion, from 1895 to the 1920s, anthropologists were hindered by the physical and economic difficulty in ethnographic filmmaking as well as the discipline’s analytical turn from the positivist study of material culture to the abstract study of invisible structures (e.g. Regnault’s Wolof women in Paris, Haddon’s Torres Strait expedition), subsequently this left the space for commercial films to depict ethnographic subjects (e.g. Méliès’s documentaires romances, Curtis’s In the Land of the Head- Hunters, Flaherty’s Nanook of the North). In the 1920s, left-wing social movements led to the creation of realist social documentary (e.g. Vertov’s Kino- Pravda, Grierson’s Drifters). In the 1930s, the smaller and lighter 16mm camera provided greater filmmaking freedom, and the refocus on scientific research raised questions over filmmaker objectivity/subjectivity and highlighted the notion of reflexivity to anthropology (e.g. Bateson and Mead’s research in Bali and New Guinea). In the 1950s, Rouch’s naturalistic handheld 16mm filmmaking style complimented the creative truth-seeking ethos of cinéma vérité and its active agency. Fundamentally, Rouch opposed the empiricist theoretical ideas of Haddon, Vertov, and Mead by not believing the camera to be an objective truth-telling machine, but instead he heavily built on the collaborative work of Flaherty and the reflexive thoughts of Bateson to find his truth (it would take at least another decade before anthropologists working in the textual medium publicly questioned their own systematic biases in the construction of their written ethnographies, at least in the USA). Beyond 1960, innovations in technology – e.g. wireless mics, cheaper and user-friendly video and DV cameras, digital editing, and Youtube – and changing social contexts – e.g. increased academic interest in ethnographic films (e.g. the 1968 formation of Documentary Educational Resources, which produced Asch and Chagnon’s 1975 The Ax Fight with its pedagogic presentation of a single, continuous

‘sequence’),   emergence   of   ethno-entertainment   television   programmes   (e.g.

Granada’s Disappearing World 1969-1993 series), new post-structuralist anthropological theory (Loizos 1993: 12), increased ethnographic film writing (e.g. Ruby 1975, Heider 1976, Nichols 1981), indigenous filmmaking (e.g. Worth and Adair’s Navajo Film Themselves 1966 series), and experimental filmmaking (e.g. Gardner’s Dead Birds 1963 and Forest of Bliss 1985) – all continued to shape and challenge the definition of ethnographic films.

As stated at the top of this essay, there has indeed been a tension back-and-forth between   creativity   and   naturalism   not   only   in   the   chronological   history   of ethnographic films but, more importantly, within individual films themselves. As outlined above, this tension was born from, firstly, the possibilities and limitations of technology and, secondly, the social context. From 1895 to 1960, this tension reached its pinnacle in the subversive films of Jean Rouch who taught future ethnographic filmmakers the importance reflexivity and future ethnographic film viewers the importance of scepticism.

References

Book and articles
Aitken, Ian (ed.) (2006) The concise Routledge encyclopedia of the documentary film. Reprint, Oxon: Routledge, 2013.
Askew, Kelly and Richard R. Wilk (eds.) (2002) The anthropology of media: a reader. Malden, MA and Oxford: Blackwell Publishing.
Barnouw, Erik (1993) Documentary: A history of the non-fiction film. Oxford: Oxford
University Press.
Bateson, Gregory and Margaret Mead (1942) Balinese character: A photographic analysis. New York: Academy of Sciences.
Bateson, Mary Catherine (1984) With a daughter’s eye: A memoir of Margaret Mead and Gregory Bateson. New York: William Morrow.
Crawford, Peter Ian and David Turton (eds.) (1992) Film as ethnography. Reprint, Manchester: Manchester University Press, 2000.
Chapman, Daniel Ethan (2009) The scientist and the potter: Felix-Louis Regnault and his imperialist lens. International Journal of Critical Pedagogy, 2 (1), 88-99.
Clifford, James and George E. Marcus (ed.) (1986) Writing culture: the poetics and politics of ethnography. Berkeley: University of California Press
Cousins, Mark and Kevin Macdonald (1996) Imagining reality: the Faber book of documentary. London: Faber and Faber, 2006.
de Brigard, Emilie (1975) The history of ethnographic film. In Hockings, Paul (ed.)
Principles of visual anthropology. Berlin: Mouton de Gruyter.
Levin, G. Roy (1971) Documentary explorations: 15 interviews with film-makers.
Garden City, New York: Doubleday.
Loizos, Peter (1993) Innovation in ethnographic film: from innocence to self- consciousness 1955-1985. Chicago: University of Chicago Press.
Malinowski, Bronislaw (1922) Argonauts of the western Pacific. Reprint, London and
New York: Routledge & Kegan Paul, 1987.
Marks, Dan (1995) Ethnography and ethnographic film: from Flaherty to Asch and after. American Anthropologist, 97 (2), 339-347.
Mead, Margaret (1968) The mountain Arapesh, 1: the record of Unabelin with
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Asch, Timothy and Napoleon Chagnon (1975) The ax fight. Watertown, MA: Documentary Education Resources. Colour, 30 mins.
Bateson, Gregory and Margaret Mead (1951) Trance and dance in Bali.
Pennsylvania: Pennsylvania State University. Black and white, 22 mins.
Bateson, Gregory and Margaret Mead (1953) Childhood rivalry in Bali and New Guinea. Pennsylvania: Pennsylvania State University. Black and white, 16 mins.
Bregstein, Philo (1986) Jean Rouch and his camera in the heart of Africa.
Watertown, MA: Documentary Education Resources. Colour, 74 mins.
Curtis, Edward S. (1914) In the land of the head hunters. USA: World Film. Black and white, 47 mins.
Eaton, Michael (2010) The masks of Mer. UK: Potlatch Production. Colour, 37 mins.
Flaherty, Robert (1922) Nanook of the north. Paris: Les Freres Revillon. Black and white, 79 mins.
Gardner, Robert (1963) Dead birds. Watertown, MA: Documentary Education
Resources. Colour, 83 mins.
Gardner, Robert (1985) Forest of bliss. Watertown, MA: Documentary Education
Resources. Colour, 90 mins.
Grierson, John (1929) Drifters. UK: Empire Marketing Board. Black and white, 49 mins.
Griffith, D. W. (1915) Birth of a nation. USA: D. W. Griffith Corp. Black and white,
187 mins.
Haddon, Alfred Cort (1898) Torres Strait islanders. Cambridge: University of
Cambridge. Black and white, 4 mins.
Lumière, Louis (1895) Workers leaving the Lumière factory. France: Lumière.
Black and white, 1 min.
Marshall, John (1958) The hunters. Watertown, MA: Documentary Educational
Resources. Colour, 73 mins.
Méliès, George (1902) A trip to the moon. Paris: Star Film. Black and white, 12 mins.
Rouch, Jean (1955) Les maîtres fous. France: Les Films de la Plèiade. Colour, 36 mins.
Rouch, Jean (1957) Moi, un noir. France: Les Films de la Plèiade. Colour, 70 mins.
Rouch, Jean (1959) La pyramide humaine. France: Les Films de la Plèiade. Colour,
90 mins.
Rouch, Jean (1967) Jaguar. France: Les Films de la Plèiade. Colour, 93 mins. Rouch, Jean (1970) Petit à Petit. France: Les Films de la Plèiade. Colour,
93 mins.
Rouch, Jean and Edgar Morin (1960) Chronique d’un été. Paris: Argos Films. Black and white, 85 mins.
Vertov, Dziga (1922-1925) Kino-pravda. USSR: Kultkino. Black and white, 10-29 mins x 23.
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