As parts of the United States begin to reopen, production companies, studios, networks, and individual content creators are understandably concerned about how to manage the spread of COVID-19 on film and television sets in the U.S. Pryor Cashman attorneys Karen Robson, Anne Atkinson, Jamice Oxley, and Mary Balzer recently developed a whitepaper resource that outlines these considerations and analyzes what is next for film producers in the "new normal."

We are continuing to update this resource (below) as we gain more clarity and the industry implements additional guidelines, so please check back often as the situation is constantly developing.

Please also note that in the coming weeks, we will be providing addendum resources for considerations for filming both in international locations and with virtual/remote sets.

To view the full Pryor Cashman whitepaper, please click here.

Insights from the firm's whitepaper were included in recent news coverage in the Wall Street Journal and Bloomberg Law’s Wake Up Call, among others.

RECENT UPDATES

On June 1, the Alliance of Motion Picture and TV Producers Industry-Wide-Labor-Management Safety Committee Task Force released the Proposed Health and Safety Guidelines for Motion Picture, Television, and Streaming Productions During the COVID-19 Pandemic (“Industry White Paper”). The Industry White Paper sets forth guidelines and recommendations for producing film and television content safely during the COVID-19 era. The document is available online here.

On June 5, Governor Gavin Newsom announced that film and television productions could resume as early as June 12, 2020, in California. Of course, as Los Angeles is California’s film and television industry hub, the effects of Governor Newsom’s proclamation also depended on the decisions of Los Angeles’ local government officials.

On June 10, Los Angeles County declared that television and film productions could restart as soon as June 12, 2020.

On June 11, Los Angeles County issued its own regulations that govern production within its borders. These mandatory procedures are more restrictive than those found in the Industry White Paper. The Los Angeles County Order is available online here.

On June 12, SAG-AFTRA, the Directors Guild of America (DGA), International Alliance of Theatrical Stage Employees (IATSE), International Brotherhood of Teamsters (IBT), and the Basic Crafts released The Safe Way Forward, a multi-union report on COVID-19 safety guidelines. The guidelines set forth a detailed set of science-based protocols concerning testing and department-specific protocols related to employees represented by these unions, and focused in particular on the protection of performers, who are among the most vulnerable on set given that they are not always able to observe physical distancing or wear personal protective equipment (PPE) when cameras are rolling.

As the film and television industry develops production plans to restart productions with health and safety protocols to prevent crew and actors from contracting and spreading COVID-19 on sets, workplace and social inequality remains an unresolved issue globally and throughout the entertainment industry. The “forced pause” provided to all of us as a result of the COVID-19 pandemic gave the entertainment industry, and the world, an opportunity to see and respond to the collective voices calling for racial equality, anti-racism, equity, and equal justice in the wake of the murders of Ahmaud Arbery, Breonna Taylor, and George Floyd, among others. “Times Up,” the organization launched by Hollywood celebrities in response to sexual harassment and sexual assault allegations across the entertainment industry, and #MeToo recently released the “TIME’S UP Guide to Equity and Inclusion During Crisis” (“Time’s Up Guide”). The Time’s Up Guide offers written guidance to employers seeking to create structural solutions to address inequality socially and in the workplace during the COVID-19 era. The link to download is available online here.

About Pryor Cashman's Entertainment Practice

For more than 50 years, Pryor Cashman has played a significant role in the evolution of the entertainment business. From our offices in the entertainment capitals of New York City, Los Angeles, and Miami, our multidisciplinary practice offers attorneys who are well recognized in their respective fields to provide counsel for the wide-ranging needs of our clients and their projects. Our attorneys - some of whom are filmmakers, producers, writers, actors, artists, and musicians in their own right - bring both a wealth of industry knowledge and a true passion for the arts, in addition to decades of experience in all aspects and at all levels of the entertainment business.