5 Things Producers Should Do When They Can’t Produce | PRO Insight
My law firm was representing around 50 feature and series productions when the COVID-19 pandemic forced all physical productions to a screeching halt. My conversations with producers have shifted from a busy and manic production slate to conversations about homeschooling and contemplating how long the shutdown will continue. Everyone is trying to map out what’s next. Producers cannot “produce from home.” In the upcoming days, producers will settle the logistics and liabilities of their existing projects into a suspended, postponed or shut down status while the end date remains unknown. So the question in the next few weeks is, what should producers do when they can’t produce. Here’s my advice. 1. Ask whether Force Majeure applies and how Producers should review all of their active development and production agreements to see if there is a Force Majeure provision and question how it covers this pandemic. A Force Majeure provision allows the contract to effectively go into some form of “time out.” Contracts vary but the understanding among the parties is if “bad” things happen outside of the control of either party, then there is a mechanism to allow for suspension of the term, suspension of payment and/or termination after a...
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