Historically, the most reasonable solution in avoiding the dreaded NC-17 rating has been releasing films unrated. This technique has allowed filmmakers to circumvent the Motion Picture Association of America, while at the same time enabled more print advertising and wider theatrical exhibition. Many newspapers won’t promote NC-17 films and many theaters won’t screen them. Larry Clark’s debut Kids, Darren Aronofsky’s Requiem for a Dream and Todd Solondz’s Happiness were all released unrated and made 7.5 million, 3.6 million, and 2.8 million respectively. These numbers may not seem astronomical, yet compared to the figures of NC-17 films, the unrated ones do quite well.

When planning the release of Ang Lee’s explicit new film Lust, Caution, the movie’s distributor Focus Features was stuck between a rock and a hard place. Should Focus release the film with the poisonous NC-17 rating and keep the artistic vision of one of the most popular directors on earth, or edit the film to make it more palatable and profitable?

Unfortunately, Lust, Caution did not have the flexibility to be released unrated. As a subsidiary of a major studio, Focus was forced into the MPAA rating and Lust was branded NC-17. The above-discussed unrated films were independently distributed and not tethered to the MPAA. So, why not edit Lust, Caution and release it with an R? Focus CEO James Schamus, who co-wrote the screenplay, stated Focus wanted the film to be screened in its pure form, in the way the director and writers intended it to be seen. If this integrity forced an NC-17 rating, then so be it.

Yet this decision might not have been the best choice for Focus, especially if the distributor wanted the film to be seen in its true form by the most people. In reality, having the film’s theatrical release be an edited R-rated version would have probably led to more people seeing the film in its most pure form and making Focus quite a bit more money.

Recognizing the paradoxical nature of the last statement, consider this:

If a film is rated R theatrically, in a matter of weeks it can be released unrated on DVD. Unrated DVDs are not only common, they are encouraged. There are countless horror films or crude comedies that cash in on the unrated DVD. The consumer never blinks - it’s become the norm. With theatrical releases becoming giant promotions for the more profitable video market, having a film released after editing for a few weeks seems a small price to pay. After a month or so it can be available on DVD complete and unrated for the home audience forever. The stigma of NC-17 is so strong that if the DVD is NC-17 as opposed to unrated, there will likely be fewer sales. Also, many large chains, Blockbuster included, have no problem renting unrated DVDs but will not rent NC-17.

As of October 28, Lust, Caution has made only 2.8 million dollars after over four weeks of release, US box office. Lee’s last three films made $80 to $130 million each. Showgirls, the most successful NC-17 movie, netted 20.3 million; yet it was shown on 1388 screens. Compare that to the 187 screens that Kids played and one can see why Kids was much more profitable. Again, Kids was the product of an unproven first time director, while Showgirls and Lust, Caution had the backing of Hollywood golden-boys. Verhoeven was coming off two 100 million dollar blockbusters in Basic Instinct and Total Recall. Lee was soaring off the heels of Brokeback Mountain. Focus should be able to leverage that success more effectively, having it reflected in bigger box office.

Either the MPAA should overhaul the rating system or major studios should be able to release films theatrically unrated. However, until the problems are remedied, major studios are at the mercy of the MPAA. Recognizing this, independent filmmakers should use every opportunity to take advantage of going unrated, and large studios should convince the MPAA to straighten out the antiquated rating system.