The New York State Archives preserves the largest collection of film scripts in the world. These scripts can be used to research the history of censorship in New York State and trace the shifting of American attitudes toward sex, religion and morality over the period.
Search the Motion Picture Division Film Script Index (1921-1965)
The most important of the censorship records at the New York State Archives are the case files that were established for each film reviewed by State censors. The case files contain the following information.
The records described above are available for use at the State Archives. Photocopies of all material, including the film scripts, are available under provision of the Copyright Law (Title 17, United States Code). For further information contact the New York State Archives at archref@nysed.gov.
The index summarizes the information that exists in the case file for each film, and provides different ways of locating this information.
Each entry contains 16 categories of information:
The index is divided into eight separate sets. Each set contains entries arranged by a different information category. These information categories are:
| SET | No. of MICROFICHE |
|---|---|
| Title | 81 |
| Country | 69 |
| Date | 69 |
| Manufacturer | 69 |
| Exchange | 69 |
| Writer | 27 |
| Director | 25 |
| Determination | 9 |
| Total | 418 Microfiche |
The various sets are described below:
Title. In this set of microfiche, entries are arranged alphabetically by the original release title of the film. This set of fiche includes "see" references for variant titles, e.g., if a user only knows the script title of a film but not the release title, he would find a "see" reference in this set under the script title instructing him to look under the name of the release title. Note: Titles beginning with numbers, e.g., "8 1/2," sort at end of title set.
Country. In this set of microfiche, entries are arranged by country of production. For example, all entries of films made by French companies are arranged alphabetically by title of the film under the heading FRANCE.
Date. In this set of microfiche, entries are arranged first by year, secondly by country of production, and thirdly alphabetically by title of film. For example, all films produced by French companies in 1959 are arranged alphabetically by title of the film under the heading 1959 FRANCE.
Manufacturer. In this set of microfiche, entries are arranged alphabetically by name of manufacturer and, under each manufacturer, alphabetically by title of film.
Exchange. In this set of microfiche, entries are arranged alphabetically by name of exchange and, under each exchange, alphabetically by title of film.
Writer. In this set of microfiche, entries are arranged alphabetically by name of screenwriter and, under each screenwriter, alphabetically by title of film. When multiple screenwriters occur, full entries are repeated under the name of each writer. As previously mentioned, entries are included only for writers identified on the scripts. If the screenwriter was not identified on a script, there will not be an entry for the film in this set.
Director. In this set of microfiche, entries are arranged alphabetically by name of director and, under each director's name, alphabetically by title of film. When multiple directors occur, full entries are repeated under the name of each director. As previously mentioned, entries are included only for directors identified on scripts. If the director was not identified on a script, there will not be an entry for the film in this set.
Determination. In this set of microfiche, entries are provided for films given the determination of ELIMINATIONS, REJECTED, or NONE. Entries for APPROVED films are not included in this set. Entries are arranged first by the type of determination (E--Eliminations, R--Rejected, and U--None), secondly by year, and thirdly, alphabetically by title of film. For example, all films that were REJECTED in 1942 are grouped together alphabetically by title, and all films APPROVED WITH ELIMINATIONS in 1962 are grouped together alphabetically by title.
In addition to the case files that were established for each film reviewed by State censors, the Archives also holds a variety of other records related to the Motion Picture Division and its activities. These include the following:
Printed annual reports of the Motion Picture Division and its predecessor, the Motion Picture Commission. Each report contains a narrative text and accompanying statistical tables describing the following: an overview of the functions and activities of each Division unit; any new or significant event affecting the censorship process; the number of films reviewed and the number and types of determinations made; and a summary of the Division's financial receipts and expenditures. The reports are arranged chronologically.
Pocket-size pamphlets that reprint New York State laws, rules, and regulations regarding the review and licensing of motion picture films. There are handbooks for the following years: 1927-1929, 1932-1934, 1938, 1939, 1946-1948, 1952, 1953, 1955-1957, and 1963. Arranged chronologically.
Mimeographed monthly "Eliminations Bulletins" that were compiled by the Division and distributed to film censorship boards in other states or countries. The bulletin summarized New York's censorship determinations by listing film titles, applicants, and footage in three categories: licensed without eliminations; licensed with eliminations (including a description of the scene or a transcript of dialogue that was determined to be offensive); and rejected outright. A separate section noted recent changes in film titles by listing the old title, new title, and the applicant's name. The bulletins are arranged in reverse chronological order.
This series is a card index to the license application case files. The cards are arranged alphabetically by film title and contain the following information: title and any sub-titles of the film; title changes, if any; name of film exchange; manufacturer's name; number of reels; film footage (not always listed); date application was received; names of film's stars; date licensed; case file number; and numbers of seals issued (in some instances, years in which seals were issued are provided). The cards also record whether a film was approved with eliminations (but not what was eliminated) or rejected. There are notations on the back of cards if a film was rejected or approved with eliminations by censorship boards outside of New York. These notations usually include the date of the censorship body's eliminations bulletin in which the decision was published.
Index cards listing the titles of films submitted for license by exchanges. On each card the name of the exchange is entered on top, and underneath are listed the titles of the films submitted, the type of film (silent or audio), the date of application, and either the license number (for films from 1921-1944) or the case file number (for films from 1945-1965). The cards are arranged in alphabetical order by name of exchange.
An alphabetical index to motion pictures rejected or approved with eliminations. The index lists the title of the film (and subtitles if applicable); whether or not the film is foreign and if it was dubbed; a note stating if the film was rejected (but no explanation is provided, if so); and the serial number assigned to the film. The entries between 1923 and 1927 also provide the date of the examination bulletin (some are found in Series A1417, Elimination Bulletins, 1927-1965) containing reasons why films were altered or rejected.
Records contain summary information on each film rejected or approved with eliminations. The entries contain the following information: application number between 1921 and 1958, date received, film title, applicant's name, manufacturer's name, number of reels, date of examination, examiner's name, determination made, and reason for determination (including a description of scenes that were altered or a plot synopsis of films that were rejected). Entries between 1921 and 1927 contain an additional form indicating requests for appeals or applications for re-examination. Until April 1930 entries for rejected films and approvals with eliminations were interfiled; thereafter separate volumes were kept for the two different actions. Within the volumes for 1921 through June 1931 entries are arranged chronologically by the date an application was received. After June 1931, entries are arranged chronologically by year, and thereunder alphabetically by film title.
Bound volumes containing information on applications and fees received daily and the actions taken on each. The volumes list the following: the serial number that was issued to films licensed; the applicant name (exchange or distributor); number of original prints; number of duplicate prints; number of reels of film; total film footage; number of seals issued; amounts of fees received for licenses, permits, and seals; title of film; country of origin, if foreign; and action taken (approved, approved with eliminations, or rejected). The later volumes also provide information on Motion Picture Association determinations (either yes or no is recorded). Statistical data was totalled daily for the various categories of information, and cumulative totals were entered for each month. Separate books (7 volumes) were for 16mm film applications between 1941 and 1965. All volumes are arranged chronologically. Finding aids: there is a list of the inclusive dates of each volume.
These volumes concern only requests for duplicate seals that were issued by the Albany office between 1927 and 1965. The following information is provided for each film: the serial number that was issued to films licensed; the applicant name (exchange or distributor); number of original prints; number of duplicate prints; number of reels of film; total film footage; number of seals; amount received for licenses, permits, and seals; title of film; country of origin, if foreign; and action taken (approved, approved with eliminations, or rejected). The later volumes also provide information on Motion Picture Association determinations (either a yes or no response is recorded.) Figures are totaled daily for the various categories of information, and totals are also entered at the end of each month.
Files containing correspondence between the division and film exchange (distributors). The majority of the correspondence concerns the licensing of films, issuance of seals, requests for scripts of foreign films, requests for license applications, notifications of change of film titles, payment of license fees, and the ownership of film rights. The series is arranged in alphabetical order by name of the film exchanges and thereunder chronologically. Correspondence with 16mm film exchanges is filed separately at the end.
Background files relating to film censorship activity, especially the activities of other state censor boards. Files are divided into four topical categories as follows: Advertising (clippings from newspapers and photographic negatives pertaining to objectional film advertising); Censor Groups (correspondence, reports, publications, press releases, legal opinions, and decisions relating to city, state, Federal, and foreign film censorship boards); Censorship (correspondence, memoranda, and reports pertaining to the Division's licensing activities, especially regarding newsreels submitted for licensing); Classes of Films (correspondence, and memoranda, relating to sensitive film topics such a burlesque, liquor, religion, sex, communism, crime, narcotics, prostitution, and birth control). Within each category, the files are arranged by subtopics and thereunder alphabetically by subject. Finding aids: A list of folder headings is available.
Files containing incoming and outgoing correspondence, memoranda of minutes, reports, newspaper clippings and other printed material, budget summations and reports, copies of legislative bills pertaining to censorship, and printed minutes of federal committees and commissions regarding film censorship. The files cover a broad range of topics, such as legislation dealing with censorship, censorship policy, budget and financial reporting, personnel matters, public opinion, and court rulings. The files are arranged alphabetically by several dozen broad subject categories and thereunder alphabetically by more specific subjects. Finding Aids: A list of folder headings is available.
Printed or carbon copies of eliminations bulletins issued by other states, the Canadian provinces, and foreign countries that had film censorship boards. Most of these bulletins were issued monthly and were not distributed to the general public. The formats of the various bulletins differ slightly, but all contain the following information: A list of pictures approved, the distributor of the film, number of reels, and a brief description of action or dialogue to be deleted. Some bulletins list the running time of a film, the length of film reels, and the seal number issued. The bulletins are grouped by geographical location, then arranged in alphabetical order by name of state or country, and then arranged in chronological order.
by Richard Andress
On APRIL 23, 1886, THOMAS EDISON demonstrated the "vitascope" at Koster and Bial's Music Hall in New York City. For the first time in this country, a theater audience watched moving images projected by this invention. Edison's "Bitascope" --- keystone of America's moving picture industry --- was a phenomenal success. A series of makeshift movie houses appearing initially in immigrant working class neighborhoods spread rapidly uptown to middle class audiences. Grand picture palaces such as the Regent (1913), the Strand (1914), and the Rialto (1916) opened in New York City. Each of these huge theaters seated several thousand people. Meanwhile the demand for the new "flickers" was spreading throughout the nation. Within 20 years of Edison`s demonstration, movies became the most popular form of mass entertainment in America.
As soon as films entered the entertainment market, many people became concerned with the content of motion pictures. While early films featured potentially objectionable themes such as brutality, crime, drunkenness, divorce, and sex, their treatment was no more excessive than it had been in burlesque houses and dime novels. What was unique and even revolutionary about the cinema was the enormous influence that the moving images could have. Parents groups, educators, religious and civic organizations concerned with the effects of films on young people wanted more control over what was shown on the screen. Because the movie industry was unwilling or unable to censor itself, many people felt that government regulation would help force the reforms they thought were necessary. These demands resulted in municipal film censorship laws such as those in New York City in 1906 and 1913, and Maryland in 1916. Responding to pressure for regulation, the New York State Legislature passed a bill in 1921 establishing an independent commission to review and license films. Organizations that opposed government censorship and representatives of the film industry objected to the bill. D. W. Griffith and William Fox were among the Hollywood luminaries who spoke against the bill at hearings in Albany. Despite these protests, Governor Nathan L. Miller signed the bill into law as "the only way to remedy what everyone concedes has grown to be a very great evil."
Thus the Motion Picture Commission was created in 1921. As part of a larger State reorganization, the Legislature transferred the Commission's powers and duties to a new Motion Picture Division within the State Education Department in 1926. The Division reviewed each film and issued a license for its exhibition unless the film was judged, as stated in the law, "obscene, indecent, immoral, inhuman, sacrilegious or of such character that its exhibition would tend to corrupt morals or to incite crime." Distributors were required to submit an application fee, a print of the movie (later returned), and a written copy of all dialogue. Virtually every film shown in the State was submitted for review with the exception of education, scientific, and current events films. Reviewers could order elimination of objectionable scenes or reject an entire movie.
During the State's 44 years of censorship, over 73,000 motion pictures were reviewed. About six or eight a year were rejected in entirety, and an average of 10 percent of the total number reviewed were "cut" before licenses were issued.
In retrospect, some "cuts" such as a shot of ice cream running down a baby's leg in Brownie's Baby Doll, 1921 or a scene of a chimp's diaper change in Snooky's Fresh Heir, 1921, may seem frivolous. Nevertheless, the work of the New York censors was widely respected and was an influence on the decisions of other municipal and state censor boards. The commission's "cuts" in domestic films began to diminish, however, when the motion picture industry established the Motion Picture Procedures and Distributors Association to censor Hollywood productions. This voluntary effort was largely ineffectual until 1934 when a stronger Hollywood Production Code was enacted. Thereafter most of the films carrying the Code's approval were licensed quickly in New York.
Meanwhile, the Motion Picture Division was experiencing great difficulty in reviewing the growing number of foreign productions. After World War II, foreign movies accounted for the largest part of the Division's workload. Films from France, Italy, Mexico, Hong Kong, and other countries flooded the State. Distributors were seeking a market among New York City's polyglot population. Many of these movies, with their sophisticated attitudes towards love, marriage, and sex, ran counter to prevailing American mores and censorship laws. The controversial 1933 Czech film Ecstasy, perhaps the most notorious example, was licensed in New York in 1940 only after 14 separate court actions and significant changes in the film's content.
During the 1950's, court challenges weakened New York's censorship law dramatically. In 1951, the Division licensed the Italian film The Miracle. The Catholic Legion of Decency subsequently condemned the film and its exhibition created an uproar among New York City's Catholic population. The censorship determination was appealed to the Board of Regents which rescinded the film's license, declaring the film "sacrilegious." The State Court of Appeals upheld this action but the U.S. Supreme Court later overturned it, ruling that "sacrilegious" was unconstitutionally vague. Subsequent court decisions deleted "indecent" and "immoral" from the statute and by 1959 only obscenity remained a justification for denying a license. These court decisions reflected society's increasing tolerance of mature themes in books, plays, and other forms of entertainment. The influx of popular movies from abroad also helped to change audience attitudes. Foreign films that would have made Commission members of the 1930's blanch --- pictures such as The Lovers, Hiroshima Mon Amour, The Virgin Spring, and La Dolce Vita --- were by the 1960's seen as works of art and made many censorship standards seems obsolete.
The final blow to film censorship was delivered in 1965. The U.S. Supreme Court reversed a Maryland ban on the Danish film, A Stranger Knocks, and demanded procedural changes in the appeal process of all state film censor boards. Because the New York State Legislature did not make the necessary changes in the law, the Board of Regents discontinued the Motion Picture Division, effective September 30, 1965.
Richard Andress is a former Archivist at the New York State Archives, a program of the State Education Department.
The New York State Archives must respect the copyright owner's statutorily-protected interest. Section 106 of the Copyright law defines exclusive rights granted to a copyright owner:
"Subject to sections 107 through 118, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: 1) to reproduce the copyrighted work in copies or phonorecords; 2) to prepare derivative works based upon the copyrighted work; 3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, leases, or lending; 4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; and 5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly."[17 USC 106]
The Archives must also respect the interest of users seeking copies of film scripts under the "Fair Use" provisions of the Copyright Law. Section 107 of that law explains "fair use" limitations on exclusive rights:
"Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;2) the nature of the copyrighted work;3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copyrighted work."[17 USC 107]
The New York State Archives will provide copies of film script only upon receipt of a completed, signed request form (provided by the Archives) certifying that:
The requested copies will be provided only after the request is reviewed and approved by the State Archivist or his or her designee. The State Archives reserves the right to deny any request for copies of film scripts if, in its judgment, fulfillment of the request or order might involve violation of the Copyright Law. Each page of all copies furnished will include this warning:
"Copied from records in the New York State Archives. The U.S. Copyright Law (Title 17, U.S. Code) governs the use of this copy." [rev. 8/1996]