Given President Obama’s December 2014 policy statement on Cuba, the thought of mended diplomatic relations conjures up images of movie stars in antique automobiles traversing the crowded streets of Havana (think Al Pacino in The Godfather: Part II). For Hollywood, it is enticing to envision the possibility of filming in a location that has been a veritable time capsule since the mid-twentieth century; however, Cuba, like other foreign countries, presents risks and obstacles to American filmmaking abroad because of its inherently different legal system.
One of the largest hurdles to Cuban filmmaking is censorship. Generally speaking, content restrictions are minimal in the United States. Aside from unprotected forms of expression, such as obscenity, and the rating system employed by the Motion Picture Association of America, filmmakers remain largely unencumbered by regulations, both governmental and non-governmental alike. Conversely, a motion picture shot in Cuba will be scrutinized regarding its content to see if it will “be considered extremely morally offensive, subversive or undermine the political or social values of society.” In fact, Cuba is not the only country to employ such a policy. The Indian government also scrutinizes motion pictures based on their moral content. Consequently, filmmakers need to be mindful of a country’s rules and regulations before settling on any specific filming location.
To read more on these developments, visit:
http://www.hollywoodreporter.com/news/will-hollywood-embrace-cuba-as-761423
http://lawandreligion.com/volume-13
Ross A. Carbone, Esq. is an associate in the Corporate, Securities & Business Transactions practice group of the law firm of McCarter & English, LLP.