Film Productions at Your Building: Show Me the Money
New York City building and apartment appear all over the movies and TV — earning money for their owners. If your co-op or condo is being considered as a site for a film production, what should a board think about and do to avoid being starstruck and to make the best deal?
At the most basic level, don't even think of allowing free use of your building. And secondly, you'll need a written agreement that deals with such issues as resident privacy and security, disruption of daily routines, legal liability for injury or property damage, insurance, construction, alteration, restoration, removal of refuse, access to utilities and intellectual property, to name a few.
If the length of time desired for the shoot is reasonable, the compensation fair, and the disruption controllable, there is good reason to enter into a location license agreement with the producers.
Lights, Camera, Deal!
Some production facilities may pay thousands of dollars per day for the privilege of filming at your building. The amount paid for the license fee can be negotiated, especially if your building offers some unique advantages. You will need to negotiate a per-day fee, as shoots can last several days and may also exceed the original schedule. Be prepared for this possibility and determine the outside number of days that you will permit filming to occur.
Next, determine exactly what parts of your building will be used. Is it the exterior only? The lobby or common areas? Will an apartment also be used? Pin down the areas where filming will be allowed and where the production crews may not go. If an apartment is to be used, you will need to have the owner join in the license agreement.
The producers will let you know if there are any alterations required to your building or to your furniture and decorating scheme. If there are, you must consider whether the producer will have to restore the property to its original condition or whether you will work with the producer to design a change you may want to keep after filming is over. Your license agreement will have to provide for complete restoration of the property if that is your choice.
Film and TV productions can require prodigious amounts of electricity. You will need to consider whether the production company can use the building utilities or if they need to make separate arrangements with Con Edison or other energy provider. Similarly, make sure the production crew has its own restroom facilities.
Depending on the scope of the production, you will want to require one or more security guards to be paid for by the production company, and that all the crewmembers carry photo identification. Unless there is strict security, most residents will not want strangers to have access to residential areas of the building. You may also want to obtain reimbursement for any overtime or other building staff time required to supervise the production crew.
Double Indemnity
Your license agreement should require the production company to take good care of your building and its contents, and to restore any damage. There must be broad indemnification language protecting the co-op or condominium and its agents against claims or liability arising from the production. Likewise, there should be substantial liability insurance naming the building-owner as an additional insured against claims for personal injury or property damage. No filming should begin until you have received certificates of insurance showing that the required coverage is in place.
You also should consider forbidding your building's image from being used in connection with pornographic movies, photographs or recordings in any medium. The producers will want you to assure them that they have full rights in this area, so make sure that this limit is in the agreement. You also may wish to prevent your building's name or address from being used onscreen, and reserve the right to refuse any objectionable fictitious name from being used.
Once all of the terms are agreed upon, advise your residents of the filming that is to occur. You may want to enlist their support so that they do not feel overrun by the production crews.
The overall experience can be lots of fun for residents and the board if it is properly handled. More to the point, it might also be satisfyingly lucrative.
David L. Berkey is a partner at Gallet Dreyer & Berkey.
Adapted from Habitat, February 2008. For the complete article and more, join our Archive >>
Art by Marcellus Hall