UPDATE: On Aug. 14, TIFF announced in a joint statement with Avrich that the film will screen at the festival.
The Canadian documentary The Road Between Us has reportedly had its invitation rescinded from this year’s Toronto International Film Festival (TIFF). Deadline broke the news last night that the documentary directed and produced by Barry Avrich allegedly saw its invitation overturned by the festival with TIFF citing concerns for image clearance and crediting. The news was subsequently reported by Screen featuring the same statements from TIFF.
The Road Between Us tells the story of retired Israel Defense Forces (IDF) General Noam Tibon, who saved several people, including his granddaughters and survivors fleeing the Nova music festival massacre amid the attacks by Hamas on October 7. POV has not yet seen the documentary.
Director/producer Avrich is among Canada’s most prolific documentary filmmakers, often premiering new films at TIFF and Hot Docs annually, sometimes making stops at both festivals in the same year. He recently screened docs at TIFF including Oscar Peterson: Black + White (2021), Prosecuting Evil: the Extraordinary World of Ben Ferencz (2018), and The Man Who Shot Hollywood (2015). Avrich is also a former member of TIFF’s board of directors.
News of the documentary’s potential inclusion leaked last week following the release of the TIFF Docs line-up. Local film critic and programmer C.J. Prince noted on X that the film’s trailer on Vimeo advertised its inclusion in the festival. (TIFF regularly releases its selections in batches.) POV viewed the trailer at the time and can confirm that the promotional material mentioned the doc’s status as an official selection. The trailer has subsequently been taken down.
As per Deadline, TIFF explains the rationale behind the reversal by saying that the film was “withdrawn by TIFF because general requirements for inclusion in the festival, and conditions that were requested when the film was initially invited, were not met, including legal clearance of all footage. The purpose of the requested conditions was to protect TIFF from legal implications and to allow TIFF to manage and mitigate anticipated and known risks around the screening of a film about highly sensitive subject matter, including potential threat of significant disruption.” TIFF’s terms and conditions note its right to exclude films that would not be in its best interest to screen. Many arts events across Toronto have been sites of protest if the financing, programming, or artists associated with them have connections to Israel and/or the IDF.
Deadline reports that TIFF requested the filmmakers provide confirmation of legal clearance for footage used in the film and include attribution. That request reportedly pertains to footage livestreamed by Hamas to the public on October 7.
It is industry standard that festivals require clearance for footage in films and documentaries, with music licensing, news, and archive leaving festivals vulnerable if they screen material without clearance or compelling fair use context. However, asking to provide clearance for material publically released by a terrorist organization certainly proves new terrain. The filmmakers are also Jewish.
Moreover, many films, especially documentaries, include videos pulled from social media platforms with varying ranges of attribution. POV sought clarification from TIFF if it has made such requests of other selections that included livestreamed video or social content, and whether additional clips were included in the request for clearance from Avrich’s team. Social media remains a murky territory in copyright law, but excerpts of live streamed video could fall under fair dealing in Canada under contexts such as news and commentary if the proper attribution is provided.
As per Deadline, filmmakers “were asked and provided an errors and omissions insurance letter that added TIFF as the insured. Filmmakers were also asked to provide a legal reporting letter confirming clearance of the footage, as well as added security.”
The filmmakers called the decision an act of censorship in their statement to Deadline, adding, “Ultimately, film is an art form that stimulates debate from every perspective that can both entertain us and make us uncomfortable. A film festival lays out the feast and the audience decides what they will or won’t see. We are not political filmmakers, nor are we activists; we are storytellers. We remain defiant, we will release the film, and we invite audiences, broadcasters, and streamers to make up their own mind, once they have seen it.”
TIFF CEO Cameron Bailey said in a statement from the festival, “I remain committed to working with the filmmaker to meet TIFF’s screening requirements to allow the film to be screened at this year’s festival. I have asked our legal team to work with the filmmaker on considering all options available.”
“TIFF’s reasoning is the moral equivalent of asking Holocaust survivors to secure Adolf Hitler’s written consent to show Nazi-shot footage of concentration camps,” said Auschwitz Jewish Center Foundation (AJCF) Director General Jack Simony in a statement. “Copyright law was never intended to protect the perpetrators of mass atrocities from accountability, yet TIFF’s decision does precisely that.”
The AJCF leaders noted that “historical memory relies on the free and honest documentation of atrocities.”
Added AJCF Chairman Simon Bergson, “When film festivals close their doors to these stories, they don’t just fail the victims—they empower the perpetrators.”
The news comes amid a reportedly challenging climate for Israeli productions or stories about Jewish experiences related to October 7. Last year, The Hollywood Reporter wrote that TIFF rejected Oscar hopeful (and eventual nominee) September 5 (but later hosted a private screening for awards voters and industry peers with director Tim Fehlbaum), while Variety reported that Israel’s Oscar submission Come Closer was rejected by several major film festivals, and the documentary October 8 faced industry-wide rejection. A petition to TIFF executives is reportedly brewing with Jewish filmmakers expressing concerns regarding double standards.
Last year, TIFF was rocked by controversy when the documentary Russians at War was labelled propaganda, largely by protesters who hadn’t seen the film. The doc, which featured videos posted to Telegram by Ukrainian soldiers, had its screenings paused amid threats to the filmmakers, staff, and the public. Russians at War screened after the festival with tight security. Last year, TIFF successfully screened controversial docs No Other Land and The Bibi Files with heightened security and full audiences. The latter featured secret leaked footage from interrogations with Israeli Prime Minister Benjamin Netanyahu.
Update: this article was updated to include Cameron Bailey’s statement (Aug.13), and ALCF’s statement (Aug. 14).
Bailey’s full statement is below:
“Dear Members of the TIFF Community,
I want to take a moment to address recent reports regarding the documentary film The Road Between Us: The Ultimate Rescue. This situation calls for compassion and sensitivity, and I recognize the concerns it has raised among members of the Jewish community and beyond.
First and foremost, I would like to express my sincere apologies for any pain this situation may have caused. It was never my intention to offend or alienate anyone. At TIFF, we believe in the transformative power of film to foster understanding and dialogue, especially during challenging times.
My intention was to screen The Road Between Us: The Ultimate Rescue, which is why I extended the invitation for the film to participate in this year’s festival. Given the sensitive and significant nature of the film’s subject, I believe that it tells an important story and contributes to the rich tapestry of perspectives in our lineup – stories that resonate both here at home and around the world.
I want to be clear: claims that the film was rejected due to censorship are unequivocally false. I remain committed to working with the filmmaker to meet TIFF’s screening requirements to allow the film to be screened at this year’s festival. I have asked our legal team to work with the filmmaker on considering all options available.
The events of October 7, 2023 and the ongoing suffering in Gaza weigh heavily on us, underscoring the urgent need for compassion amid rising antisemitism and Islamophobia. While we are not a political organization, TIFF will always strive to present our programming in a safe, inclusive environment.
I ask for your patience and understanding as we navigate this complex landscape. Thank you for your continued support. It is my great hope that this year’s Festival will be a celebration of these values, and the power film holds to bring people together.”
