The film industry in Georgia is booming. As of June 2015, Georgia ranks third nationally for film projects behind only California and New York. The state, with its temperate climate and picturesque landscapes, bolstered by a highly successful tax-incentive program, has proved irresistible to Hollywood production companies and filmmakers. On any given day, from Savannah to Decatur, film crews can be seen shooting in public spaces, local businesses and neighborhood homes.
Before any private property can be portrayed on film, however, the filmmakers must secure various rights from the property owner or the owner’s authorized agent. In industry-speak, the right to access, record and depict private property is secured through a location release agreement.
As one might imagine, the length, scopeand complexity of these agreements often vary depending on the needs of the parties, their relative tolerance for risk and overall transactional sophistication.
The rise of the film industry in Georgia is a relatively recent phenomenon. Most property owners know little about location release agreements. The purpose of this article is to briefly outline some of the issues a property owner should consider.
In addition to addressing access and publicity rights, most location release agreement forms originating from the filmmaker’s camp will include a litany of legal concepts designed to favor the filmmaker. Accordingly, it is important for a property owner to appreciate the legal landscape associated with filming and the movie industry, generally, and to work with experienced counsel to help rebalance what is likely a one-sided agreement.
For example, a business owner seeking to minimize the disruption to business activities should insist the agreement specify the precise dates and times filming will occur. Similarly, the property owner will want to protect the condition of the property and be indemnified for any losses arisingfrom its use.
In some instances, image-conscious owners may want to consider how the property will be portrayed and restrict any uses that may be deemed embarrassing or defamatory, or simply not in keeping with the character or image of the property. The creativity displayed in some location agreements can match, if not eclipse, the efforts of big-budget Hollywood screenwriters.
The use of a single-family residence will present a bundle of potential issues and concerns. “Who will take care of my personal property and belongings?” “Do I have to pack anything up and put it away?”“Will they need to paint or change anything and, if so, will they put it back the way it was?” All should be answered before handing over the keys.
In contrast, issues that emerge with the use of a multi-tenant commercial property are somewhat more complex. For example, a landlord might ask: “What do the tenant leases say about this?” “Do I need to inform my mortgagor and/or seek their consent?” “Should I let my insurance carrier or agent know?” “Do I have to use the license fees or rental payments received to reduce or offset operating costs?” “Will this interfere with my tenants’ use of their premises or common areas?” “Do I want my building’s or project’s name published or displayed in the film?” The questions that accompany a location agreement can vary tremendously.
The portrayal of a home, business or other structure in a feature film, commercial or television show may enhance the value of a property, but could leave the owner with post-production headaches that could have been avoided with a little work on the agreement on the front end.
Consequently, the prudent owner should ensure that the owner and the owner’s property are adequately protected. That’s a wrap!
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