As far as Oscar buzz goes, there’s still a number of films that haven’t been screened for press, likeMartin Scorsese’sSilence,Peter Berg’sPatriots Day, andJohn Lee Hancock’sThe Founder. Nevertheless, the film festival circuit is winding down and some early contenders emerged, likeTom Ford’s return withNocturnal Animals, andDamien Chazelle’s homage to movie musicals withLa La Land. The New York Film Festival added a couple others to that list, perhaps the most prominent being Netflix’s13th.
DirectorAva DuVernay, who gained mainstream notoriety with theMartin Luther King, Jr.filmSelma, walked out on stage at Lincoln Center to a standing ovation after an early morning press screening a couple weeks ago. For about two years, she gathered archival footage and interviewed analysts, experts, and activists about mass incarceration and the racial bias towards African Americans. In the press conference that followed, a journalist made a bold statement that predicted the film as a viable contender in the Best Picture category, which prompted a soft flurry of “oohs” and “aahs” from listeners.

A rep for Netflix confirmed to Collider that the studio is planning an awards push for the documentary, but the bigger question is, does the film stand a chance?13thtopped the list of nominees announced for theCritics’ Choice Documentary Awardswith five total nominations, so the film seems destined for Best Documentary consideration at the Oscars. When it comes to Best Picture, however, one of its biggest challenges is history: no documentary has ever been nominated for Best Picture.
According to the Academy’sofficial rules for submission, “Only feature-length (over 40 minutes) narrative live-action, animation, or documentaries are considered for these categories.” So, yes, it’s definitely possible for one to receive a nomination. Five years ago, the Best Picture category’s five nomination slots were expanded so that anywhere from five to 10 films could be nominated, offering voters the widest selection possible.

Based on information gleaned from experts with knowledge of the process, one reason why a documentary has never entered this specific race may be because some voters simply don’t know they’re allowed to vote for anything other than a narrative feature — the same goes for the lack of Foreign Language films in the Best Picture category.Amourwas one of those rare exceptions in 2013, while the only two animated films nominated since the expansion were Pixar’sUp(2010) andToy Story 3(2011).
Perhaps another reason a documentary has never cracked the Best Picture race is how they are screened. Studios and PR firms make a bigger to-do about getting their films into the hands of Oscar voters, and obviously narrative films have taken up the bulk of the conversation. Meanwhile, there’s a large documentary community in New York, which likely reflects the differences in Oscar eligibility: While narrative feature rules require films to be screened in Los Angeles county for seven consecutive days, Best Documentary requires an additional run in New York — this is on top of other technical and marketing requirements.

The fact that13this attached to a buzz-worthy filmmaker with an emotionally and racially charged message makes it stand out. The film delivers a powerful comparison between the prison system and slavery, but it becomes more poignant now with the current political climate. The story weaves through the Black Lives Matter movement that took root in the nationwide deaths of black people at the hands of law enforcement, as well as the effects ofDonald Trump’s aggressive and hateful campaign rhetoric. Many critics, fromEWtoUPROXXto our ownChris Cabin, deemed it required viewing on some level.
Also among those shouting its praises areMark Ruffalo,Mindy Kaling,Jordan Peele,John Legend,Wesley Snipes,Bobby Cannavale,Shonda Rhimes,Kerry Washington,Oprah Winfrey, andCommon. You may recognize some of these names as Oscar voters, while other celebrities, filmmakers, and even political figures, like New Jersey SenatorCory Booker, continue to build up the buzz and elevate its profile.Amywas the last documentary in recent memory to earn such mainstream discussion because it centered around such an iconic singer, but even that pales in comparison to the amount of eyes being directed to13th.

In the end, the decision as to whether a Best Picture nomination is in its future ultimately comes down to the voters. There have been recent efforts by the Academy to diversify its voter base in response to the #OscarsSoWhite backlash. In December of 2013, a survey fromThe Los Angeles Timesnoted 93% of the Academy members were white and 76% were male, which reflected the kinds of films and actors typically nominated. Oscar voters have been known to be creatures of habit, but that could change with newly implemented rules that aim to double the number of women and minorities in the voter pool by 2020.
Already, the Academyinvited683 actors, filmmakers, and film professionals to become voters. This number includesMahershala Ali(Marvel’sLuke Cage),Idris Elba, Oscar winnersBrie LarsonandAlicia Vikander,Gabrielle Union, and directors likePatty Jenkins(Wonder Woman),James Wan(The Conjuring),Taika Waititi(Thor: Ragnarok), andLillyandLana Wachowski(The Matrix). There’s still a great deal to be done to bring more diversity to the voter body, but new members bring new tastes — and the fact that13this both timely and timeless bodes well for its Oscar chances.

That the film is now readily available to all could pave the way for a groundbreaking Oscar nomination.