April 2020
Post-Pandemic Hollywood: Inside Plans to Make Movie and TV Sets Safe Again
Tom Cruise expected to spend his summer in Italy, hanging onto the sides of planes, dodging bullets and engaging in elaborate car chases. The arrival of COVID-19 spoiled those plans, indefinitely postponing the shooting of “Mission: Impossible 7,” the latest installment of the globe-trotting espionage franchise.
With signs that the virus is starting to plateau, Cruise is hoping the big-budget action film, delayed since early March, will see cameras roll this June, insiders say. However, a tangle of legal issues and a lack of clarity on when sufficient medical testing will be made available has left the movie business in a sort of purgatory.
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As Floridians, we know how to prepare for a hurricane. We have experienced the recovery process; we know what type of disruption a significant storm may cause to businesses throughout the state. There is over a century of governmental experience at the local and state level to help guide responses to reignite the economy after a major disaster. There is an impulse in many of us to treat this moment in time as the aftermath of a major storm. But the current crisis is not the same as a hurricane, and we are sailing into uncharted waters.
Over the past weeks, I have fielded hundreds of calls and e-mails from bay area filmmakers. From local PA's hoping I was aware of a secret shoot they might be able to get on, to producers desperate to find answers for impatient clients wanting to definitively know the earliest date they will be able to get back to work. The latter is an extremely tricky topic to address. The honest answer is I don't know, no one does. No one can say 'on this date' we will be back to normal, or even when public filming can begin in earnest.
Some things to consider:
Currently, most municipalities, but not all, within the state of Florida, have suspended film permitting. Even in municipalities that have not formally suspended permitting, other restrictions make it neigh impossible to film. This is unlikely to change until 'stay at home' orders are rescinded at both the state and local levels or such time as film, and digital media are considered an essential service.
The Governors' stay at home' order is set to sunset April 30th. This may or may not be extended. Municipalities would then need to follow suit. This will vary in time frame and individual guidelines. We can all be sure that this crisis will eventually pass, and while the date is uncertain, the better question is, what will the industry look like and how can we prepare.
Crews will change; the need to maintain social distancing, even after 'stay at home' orders are rescinded, will likely continue. This means crews will need to be limited in size and scope. While there has been no official number on how big is too big, it's not unreasonable to assume crews will need to be kept to 10 or less in the immediate future with restrictions relaxing over time. For producers, this means being honest and firm with agencies and clients that typically demand to be on set. One solution proposed is setting up remote feeds so they can still participate safely from their offices. This is not ideal, but it may be necessary. It is up to you to be firm and upfront with agencies and clients.
It is highly recommended both for the safety of the crew, but also location owners that productions plan for professional disinfecting of locations both before and after filming. Cleanliness should be maintained throughout the shoot, above and beyond standard procedures. Items like Lysol and hand sanitizer, while already common on sets, should be distributed among the crew and actively used throughout the day. Encourage cast and crew to be upfront and honest in regards to their health. If someone is feeling ill, appropriate steps should be taken.
These are just a few proposed ideas that productions should begin taking into account. You will likely see additional tips and best practice guidelines in the coming weeks.
The largest looming question is liability insurance, the ubiquitous prerequisite for permitting across the country. Right now, the prevailing interpretations are that general liability isn't sufficient to meet the coverage guidelines for many municipalities, as it does not extend to the transmission of COVID-19. You might argue that productions never had to take into account the common cold or the flu in the past, but this is not just flu season. This is a pandemic. We encourage you to reach out to your insurance provider for clarification on your current policy.
There are parts of the world that require productions to provide additional riders for disaster or kidnapping insurance. You can point to examples following the Northridge earthquake in 1994, and more recently, Hurricane Katrina. Pandemic riders do exist, and while potentially cost-prohibitive, may be necessary going forward.
In addition, most deal memos productions use for contract hires have some form of indemnification clause. In all likelihood, the language used is not specific enough to the current circumstances. It would be prudent to reach out to a local attorney to seek guidance in updating deal memos. If you would like to speak with a specific entertainment attorney, please reach out to our office, we can put you in touch with several in central Florida.
As I began, we are in uncharted waters. Hardships moving forward will not and are not unique to the film industry. Any business that traffics in public spaces, or deals with non-essential employees working near each other and the general public will find themselves operating in new ways. The best way to re-energize our economy and work toward normalcy is consistency in messaging and procedures.
This cannot happen with disparate policies and vague guidelines. I actively encourage all filmmakers in the bay area to reach out to their local and state politicians to voice your concerns. Let them know how COVID-19 has impacted you and your family. Let them know how it has affected the film industry. Ask them to consider including Film & Entertainment in any stimulus or financial recovery efforts. Most importantly, ask them to be on the same page moving forward. Below you will find links with tools to find and contact your representatives.
https://www.myfloridahouse.gov/default.aspx
In closing, I feel it's important to let you know the Film Commission has been equally affected by this crisis. We have taken drastic cost-cutting measures to ensure we are both fiscally responsible and able to continue. It is with genuine sadness part of those measures required staff reductions. Since 2018 the bay area has continued to grow and thrive. Before this crisis, our office had seen a 37% increase over the past two years in production activity and economic spending. This is entirely due to the dedicated efforts of our staff. It is my fondest hope this crisis will pass in the coming weeks, and we will be able to bring our office back to full strength, and everyone in the Florida film community can get back to work.
Be healthy, safe, and prepared,
Tyler Martinolich
Stay Up to Date with Film Tampa Bay During the COVID-19 Crisis
Subscribe to the Non-Essential Podcast for all-new episodes on Mondays and Fridays at 5pm EST. Tyler interviews local filmmakers and discusses what their businesses are doing to shift during the crisis, and what the film industry looks like at the moment.
Submit Your 19-sec Video to Film Florida by May 4
Film Florida is asking members to send a 19-second video that you've made during this time. It can be funny, serious, mundane, absurd. They will compile a collection of these videos and release them on social media as the collective voice of our community. Deadline is May 4.
Details: https://filmflorida.org/news/covideo-19-project/
We are in this together, and we look forward to production coming back to Tampa Bay.
