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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

Moral Rights Extended - But How Far?

Of the many provisions of the Copyright Modernization Act (Bill C-11) which came into force on November 7, 2012, few have received as little attention as new sections 17.1 and 17.2 of the Copyright Act, which extend "moral...more

12/11/2012 - Copyright Modernization Act Moral Rights

Berklee Guide to Music and Careers in Dollars and Cents

Berklee College of Music has published the 2012 edition of its Music Salary Guide (formally titled Music Careers in Dollars and Cents). While interesting and useful for a number of reasons, it is of particular relevance for...more

11/29/2012 - Music Industry

Rogers et al v SOCAN: W(h)ither the "Making Available" Right?

Among the unanswered questions arising in the wake of the massive changes to the Canadian copyright landscape in 2012 is the issue of precisely how the two seismic forces at work (i.e., The Copyright Modernization Act and the...more

11/19/2012

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