When Milk wins the Oscar for Original Screenplay on February 22, it will be the first biopic to take the award in 26 years. Back then Gandhi faced some stiff competition, including two fellow Best Picture nominees, Tootsie and E.T.: The Extra Terrestrial, as well as An Officer and a Gentleman and Diner. And three of these opposing titles were 1982’s three top grossing films. Gandhi’s main obstacle, though, was not one of the other nominees. It was the difficulty of winning a category that’s typically associated with originality. Plenty of movies based on true stories have been nominated for Original Screenplay, but that “based on” factor can be a drawback, and the Academy tends to favor scripts born completely out of the imagination here.

Unfortunately for Milk, that Academy disfavor has been strong for the past three decades, passing over such ‘nonfiction’ films as The Queen, Shine, Nixon, Braveheart, Bugsy, Hotel Rwanda, Erin Brockovich, The Aviator and Good Night, and Good Luck for more “creative” efforts like Little Miss Sunshine. But this year, the ‘fiction’ films nominated for Original Screenplay are not strong candidates, whether for critical, commercial or political reasons. So fortunately for Milk, screenwriter Dustin Lance Black will partly win the Oscar by default. Not all voters will be choosing Milk in a process of elimination, though. Some will actually see that Black has penned a great “original” biopic and that it is indeed the most deserving of the nominated screenplays.

…Read more