Bob Tarantino

Bob Tarantino

Heenan Blaikie LLP

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Hernandez Gets Boo-urned In Federal Court – Statutory Damages For Copyright Infringement

As my colleague Monique Ashamalla pointed out over at our sister blog, IP Advocate, the Federal Court of Canada recently handed down a judgment of particular note to content owners: the court awarded $10,000,000 in statutory...more

1/17/2014 - Canada Copyright Copyright Infringement Piracy

Cinar v Robinson – The Supreme Court Talks Entertainment Law

Claude Robinson’s long legal march is over. On December 23, 2013, the Supreme Court of Canada released its unanimous decision in Cinar Corporation v. Robinson (2013 SCC 73)....more

12/31/2013 - Canada Copyright Copyright Infringement Television Programming Television Shows

SOCAN Announces New Arrangement For Youtube Revenues

In early November, SOCAN (the Canadian performing rights collective) announced the entering into of a new agreement which probably should have garnered more attention than it did: YouTube earnings unlocked for SOCAN...more

12/3/2013 - Canada SOCAN YouTube

CMPA’s The Branded Entertainment Landscape

The Canadian Media Production Association (CMPA) recently published the first in a series of white papers dedicated to branded entertainment in Canada. The first white paper, released at Merging Media in Vancouver on...more

11/12/2013 - Canada Entertainment Industry Media

Video Game Resources

A couple of noteworthy recent publications relating to the Canadian video game industry: - the Entertainment Software Association of Canada has released the final version of its report Canada’s Video Game Industry in...more

10/24/2013 - Canada Video Games WIPO

Faulkner v Sony – A Dying Past, Or A Glass Half Full

Almost a year ago, we noted (You’re Getting Sued for What? An E&O Odyssey (Pt 9)) that the owners of the late author William Faulkner’s intellectual property rights had sued Sony Pictures Classics for copyright infringement...more

10/23/2013 - Copyright Copyright Infringement Fair Use Infringement

Wiping The Slate Clean: When Fake Movie Products Have Real-World Counterparts

Often when practicing entertainment law, particularly in Canada, attempts to analyze a particular situation run up against a road-block: there seems to be no caselaw covering the issue, and you’re stymied as to how to advise...more

9/24/2013 - Canada Entertainment Industry Infringement Likelihood of Confusion Movies

Enforceability Of Depiction Releases Redux – MHR Board Game Design v CBC

Whatever else one might want to say about the CBC television series Dragons’ Den, this much is indisputable: no other television show in Canadian history has been as important for advancing the state of Canadian jurisprudence...more

7/30/2013 - CBC Depiction Releases Reality Shows Television Shows

Who’s Got The Look? Pelchat c Zone 3 Inc. et al.

For reasons which elude me, the Quebec courts get all the interesting entertainment law disputes in Canada (see also: Robinson v Films Cinar Inc., for which we anxiously await the Supreme Court of Canada’s decision)....more

6/5/2013 - Canada Copyright Expert Witness Infringement Television Shows

Checklist: Reviewing Stock Library Content Licenses

When a film or television producer wants to make use of content supplied by a "stock" library (such as photographs, film clips or music), it is necessary for their legal counsel to review the license agreement in order to...more

5/9/2013 - E&O Policies Licenses Stock Library Content

Copyright Reversions And Loan-Out Corporations

A few weeks back, I had the opportunity to speak at an Ontario Bar Association Entertainment, Media & Communications Law Section session on the topic of copyright reversionary interests. During the Q&A portion of the...more

4/23/2013 - Canada Copyright Loans Personal Services Producers Reversionary Rights Service Contracts

Licenses For Public Performance Of Music At "Live Events" In Canada

SOCAN (the Canadian public performance rights collective) recently announced that in 2012 they paid over $20 million in royalties from "concerts and live entertainment". That figure represented a 14% increase year-over-year....more

3/25/2013 - Canada Licenses Public Performance Rights Royalties SOCAN Tariffs

OBA EM&C: Who Owns That? Copyright Terminations And Reversions In The United States And Canada

Court battles waged by the heirs of the co-creators of Superman and the co-writer of “Y.M.C.A” (Victor Willis, the “cop”, in case you were wondering) are just two examples of efforts by artists in the United States to reclaim...more

3/7/2013 - Copyright Termination

You're Getting Sued For What? An E&O Odyssey (Pt 10)

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance. The series aims to demonstrate that what might seem to a...more

3/7/2013 - Copyright E&O Insurance Infringement Mad Men Producers Revlon Right of Publicity Trademarks

(More) Crowdfunding For Canadian Entertainment Projects

The 2013 Academy Awards were something of a coming-out party for crowdfunded films: three crowdfunded films were nominated for awards. One of those films, Buzkashi Boys, has a Canadian connection: Montreal artists get a...more

3/1/2013 - Crowdfunding

Manson v John Doe - Damages For Anonymous Online Defamation

The recent decision of the Ontario Superior Court of Justice in Manson v John Doe (2013 ONSC 628) offers an opportunity to reflect on both the procedures and outcomes of pursuing court actions for anonymous online defamation....more

3/1/2013 - Aggravated Damages Anonymity Damages Defamation Email ISPs Protected Class Punitive Damages Service of Process

Not My Anne - Possible Perils Of Book Cover Designs

Last week we got to enjoy watching a bit of a kerfuffle develop after Canadian news outlets trumpeted the availability on Amazon.com of a print-on-demand edition of the first three "Anne of Green Gables" books which featured...more

2/13/2013 - Books Breach of Contract Copyright Infringement Moral Rights Right of Integrity The Copyright Act

What The *BLEEP*? Coarse Language In Radio Broadcasts

As Eric Alper recently pointed out on Twitter, A$AP Rocky's song "F**kin Problems" is the latest in a string of songs that have the word "f**k" (or some variation thereof) in their title to reach the Top 10 on Billboard's Hot...more

2/1/2013 - Broadcasting CAB Code of Ethics CBSC Ethics Radio Stations Seven Dirty Words

Crowdfunding For Canadian Entertainment Projects

One of the inevitable challenges faced by independent entertainment entrepreneurs, such as film producers or videogame developers, is obtaining financing for the development, production and eventual delivery of their project....more

1/21/2013 - Crowdfunding Entrepreneurs Investors JOBS Act Motion Picture Industry Ontario Securities Commission Securities Video Games

Canadian Copyright: Moral Rights And Criminal Charges

In the autumn of 2012, Vladimir Umanets was charged and convicted of defacing a Mark Rothko painting at the Tate Modern gallery in London, England. As described in this CBC story, and this International Business Times story,...more

1/9/2013 - Copyright Copyright Modernization Act Infringement Moral Rights Paintings Sculptures and Engravings

Competition Bureau Statement On Acquisition Of Alliance Films

Further to Michael's post pointing out that the Competition Bureau has issued a "No Action" letter in respect of the proposed acquisition of Alliance Films Holdings Inc. by Entertainment One Ltd., a merger of the two largest...more

1/4/2013 - Acquisitions Competition Motion Picture Industry No-Action Letters

Gross: Criminal Obscenity In Film And TV Productions

On December 22, 2012, one of the stranger criminal law stories in recent Canadian history came to an end: Quebec-based special effects artist Remy Couture was acquitted by a jury on the charges of "corrupting morals" in...more

1/3/2013 - Corrupting Morals Motion Picture Industry Obscenity Public Good

2012 Top Canadian Entertainment, Media And Communications Law Stories

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

12/28/2012 - Broadcasting Copyright Copyright Modernization Act Defamation Intrusion Upon Seclusion Sound Marks Telecommunications

2012 Clawbies Nominations

Tis the season: the 2012 Clawbies (Canadian Law Blog Awards) are currently in their nominations phase, and so we, as members of the Canadian law blogging community who strive to contribute our fair share to its nurturing, and...more

12/19/2012

Fan Fiction - After The Copyright Modernization Act

When we last discussed "fan fiction" here at the Signal back in early 2010 (Fan Fiction - Perspectives on Fiction and Its Fans) it was noted that the considerations to be taken into account when discussing fan fiction were a...more

12/12/2012 - Copyright Modernization Act Trademarks

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