LEE'S 'LUST, CAUTION' GETS NC-17 (THR, VAR)

By Nancy Vialatte

The MPAA has slapped Ang Lee�s �Lust, Caution� with an NC-17 rating. But, distributor Focus Features, says it won�t edit the film or try to appeal the rating, even though the film rates as an Awards seadon contender. The MPAA ratings board cited the film�s graphic sexuality for its decision. A source told the Hollywood Reporter that too many of the film's sex scenes violated the ratings board's unwritten rules (like the number of allowable pelvic thrusts, for example) to make an appeal possible.

"Lust" follows a young Chinese woman in Japanese-occupied Shanghai during World War II who becomes the center of a plot to seduce and kill a married enemy collaborator. The trailer for the Chinese-language film shows lead actors Tony Leung and Tang Wei in various states of writhing passion.

Focus screened the final cut for the MPAA late Wednesday afternoon and accepted the rating the same day, notes Variety.

Sources who have seen the film said it contains at least three scenes -- one a long montage -- featuring multiple acts of aggressive sexual activity in different positions. There's no full-frontal male nudity (the source of some NC-17 rulings when shown in sex scenes), but male-on-female oral sex, non-S&M; restraints and several nontraditional sexual positions are depicted, conveying the aggression and emotional conflict between the main characters. (THR)

When asked if anyone was shown, say, upside down, one viewer said, "It depends on where you're standing. They're very flexible." (THR)

Focus CEO James Schamus, who co-wrote the screenplay, said he is accepting the rating "without protest. When we screened the final cut of this film, we knew we weren't going to change a frame�Every moment up on that screen works and is an integral part of the emotional arc of the characters. The MPAA has screened the film now and made its decision, and we're comfortable with that."

It should be noted, however, that Lee does have final cut. "Ang is the filmmaker, and he brought this adaptation to life," Schamus told THR. "He knows exactly what he wants to realize and achieve in filming any given sequences, and he made the final decisions on how to stage, frame, shoot and edit them, much in the same way he did with 'Crouching Tiger' or 'Brokeback.' "

In many cases, studios cut films to avoid the rating. Films as varied as "Eyes Wide Shut," "American Pie," "Happiness" and "Saw" all were re-edited after the MPAA threatened an NC-17. It's unusual for films that draw the rating to receive awards attention as most of the few pics to carry an NC-17 are either gore- or raunchfests. (VAR)

Focus' move could face challenges as the film readies for its Sept. 28 release. Some newspapers and TV outlets won't carry ads for NC-17 films, which has led non-MPAA-member distributors like ThinkFilm to release some features unrated. (THR)

As a subsidiary of MPAA member Universal Pictures, Focus must release its films with a rating. In many cases, especially with specialty divisions, distributors will pressure filmmakers to appeal or make necessary cuts to attain an R rating. There have been a few notable exceptions, including Fox Searchlight's drama "The Dreamers" and Sony Pictures Classics' thriller "Young Adam," which made $2.5 million and $770,000, respectively, in 2004. (THR)

But, whether the rating will deter Oscar voters is still unclear. Some did express distaste with the gay sex scenes in "Brokeback," which won Lee the best director trophy but which lost the best picture race. John Schlesinger's X-rated 1969 gay hustler drama "Midnight Cowboy" won the best picture Oscar, and Bernardo Bertolucci's 1972 erotic drama "Last Tango in Paris" � which was rated X - earned the director and Marlon Brando nominations.

"Lust" premieres in the next few weeks at the Venice and Toronto fests before opening in New York, followed by an Oct. 5 release in select cities.