CINE Articles

Anchor's Aweigh!
Tips for Off-Shore Filmmakers

Chubb

By Jody Kelley
Senior Entertainment Underwriter
Chubb Custom Market

The opinions expressed in this article are not necessarily those of CINE and do not constitute legal advice.

Shooting a film and finding a location that has the right natural features, aesthetics or architecture to portray your vision can be challenging. It may be impossible to find just the right 17th century castle or tropical rain forest in the United States. Off-shore production locations may offer the best solution, but adequate pre-planning is critical.

The Human Element

Before traveling to another country, check for any travel restrictions that may affect your cast and crew. You will also need to consider the availability of acceptable food and water. Specific information by country is available on the U.S. Department of State's web site. This Internet resource provides passport information for U.S. and foreign citizens, travel warnings, immunization requirements, and where to access medical assistance and insurance. On larger productions, you may want to consider conferring with a local advocate, such as an embassy official, who can advise you and act as a liaison with the local government.

Purchasing trip/travel insurance may also help protect your production against financial loss if your travel plans need to be canceled. Depending upon the local political and economic climate, you may also want to consider the threat of kidnap. Insurance for kidnap and ransom of cast members is usually included in the cast insurance provided by most insurance companies, but you may need to purchase a separate policy for your crew.

How will you respond if a member of the cast or crew becomes ill or is injured? Repatriation expense insurance, usually found in the foreign employers' liability policy, is designed to provide funds and assistance services to help return an individual to their home country for treatment. Travel accident, accidental death & dismemberment (AD&D), and out of country medical expense insurance is available to protect your employees from financial hardships resulting from an untimely accident, and guild/union agreements may require you to purchase these of behalf of employees as well.

Film and Property

Taking your equipment with you to a location? If so, consider securing an ATA Carnet or "merchandise passport" in advance. A Carnet, providing unlimited entry and exits to and from the U.S. and other countries, is available from the United States Council for International Business.

If you are renting equipment locally, the rental company may require that you purchase insurance for the equipment. Check your policy; it may already include insurance for owned and non-owned/rental equipment. If the production location presents an increased risk of theft, your insurance company may increase your deductible for the period you are filming off-shore. Be sure to discuss this with your insurance agent or broker.

If post production is taking place in a different country than the actual production, you'll need to consider the transportation of negatives (raw stock) and filmed production. Airport security screening equipment in certain locations may damage the film. You'll also want to make sure your insurance policy provides so-called "negative and faulty (completed film)" insurance for exposure to X-ray.

Most film or production insurance package policies offered today are designed to provide insurance for negative and faulty, production equipment and cast.

The Unexpected Factor

Who could imagine that a cloud of volcanic ash or other natural occurrence could impact travel for more than a week? While it's impossible to prepare for every risk, there are a few that are worth considering before you shoot overseas. Don't forget to research the weather. A typhoon or an ice storm could easily delay production.

Civil unrest may occur suddenly. No amount of planning and budget analysis could prepare your production company for a complete shut down of all life support services (i.e., water, electricity) and the inability to travel to an alternative location or even to go home. Be aware of the political and economic situation at the production location you choose.

You may also need to consider the subject of your project. A story may be innocuous under domestic circumstances, but taking a project off-shore may change the perspective. For example, a controversial topic such as religion may be perceived in a negative way in the region that you choose for your location and create an additional challenge for the completion of filming.

Financial

As you prepare to head off to location, don't forget to share your plans with your insurance agent or broker. Generally your film or production insurance package policy will offer worldwide protection. However, some policies may limit your insurance protection to specific locations. In addition, there are some countries that require the purchase of a local (also called admitted) property insurance policy for the production equipment. If you set up an off-shore production office, the purchase of local insurance may also be required.

If you're shooting off-shore and doing post production domestically, then the purchase of insurance in both locations for general liability, auto and workers' compensation is usually necessary. In most cases, the insurance company will allocate the production budget based upon the actual expenses in each location to determine the premium for the policies at each location.

Off-shore film production may support your artistic vision, but it could create financial distress without the proper preparation. Consulting with an attorney, your insurance agent or broker, and others with expertise in this area before you set sail can help make off-shore filming a favorable option.

For more information on Chubb and its insurance products, please go to www.chubb.com/cine

Return to CINE Articles