Bob Tarantino

Bob Tarantino

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A Clarifying Development – “Canadian Content” Tax Credit Regulations Amended

The October 4, 2014 Canada Gazette (being vol. 148, no. 40), contained something of note for Canadian film and TV lawyers: amendments to the Income Tax Act regulations which govern the “Canadian content” tax credits for...more

10/9/2014 - Canada Copyright Income Tax Act Income Taxes Tax Credits

The Challenge of the Unlocatable Copyright Owner – Checklists!

As this blog has documented on numerous occasions, Canada’s Copyright Act contains an “unlocatable owner” licensing mechanism (sometimes referred to as the “orphan works” mechanism), which enables prospective users of...more

9/23/2014 - Canada Copyright License Agreements Orphan Works The Copyright Act

#Monkey-Selfie

The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters...more

9/2/2014 - Copyright Photographs Wikipedia

Insensitive – Copyright Implications of Jann Arden’s Stand

Twitter began to light up on August 7, 2014 when Canadian singer/songwriter Jann Arden (@jannarden) began to object, via a series of tweets, to the practice of Calgary radio station 90.3 AMP of playing shortened versions of...more

8/14/2014 - Canada Copyright Copyright Infringement Radio Stations

Tariffpalooza 2014

Summer 2014. The living is easy; the Copyright Board is certifying tariffs at a furious pace. As we noted back in May 2014 (Towards Certainty on Webcasting – Re:Sound Tariff 8 Certified), the Board certified Re:Sound...more

7/31/2014 - Audio Recording Copyright Entertainment Industry Internet Streaming Music Music Industry Pandora Songza Tariffs Webcasts

You’re Getting Sued for What? An E & O Odyssey (Pt 12)

As reported by The Hollywood Reporter‘s entertainment law blog, Hollywood, Esq., the producers, distributors and broadcasters of the television series Southland are being sued by the family of a deceased individual whose...more

7/30/2014 - Copyright E&O Insurance Entertainment Industry Southland Television Shows

You’re Getting Sued for What? An E & O Odyssey (Pt 13)

As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more

7/30/2014 - Canada Copyright Copyright Infringement Errors and Omissions Policy Television Shows

You’re Getting Sued for What? An E & O Odyssey (Pt 11)

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 “errors and omissions” (E&O) insurance. The series aims to demonstrate that...more

7/29/2014 - Entertainment Industry Errors and Omissions Policy Film Industry Manuel Noriega Movies

Leuthold v CBC: “Industry Practice” in Interpreting Contracts

When, if ever, can “industry practice” be used in interpreting contracts? That question is of particular relevance in the entertainment industries, as each facet of those industries (such as film, TV, music, book publishing,...more

7/8/2014 - Contract Interpretation Copyright Copyright Infringement The Copyright Act

Take Notice! Notice-and-Notice Coming Into Force in January 2015

On June 17, 2014, the Canadian government announced that the “notice-and-notice” provisions contained in the Copyright Act (Canada) will be coming into force in January 2015. (The precise date they will come into effect is...more

6/19/2014 - Canada Compliance Copyright Notice Requirements

Towards Certainty On Webcasting – Re: Sound Tariff 8 Certified

We inch closer to certainty regarding what royalty rates are payable in Canada by online webcasting services such as Pandora, Songza and Last.fm. On May 16, 2014, the Copyright Board of Canada released Re:Sound Tariff...more

5/20/2014 - Canada Copyright Internet Streaming Royalties

The Challenge Of The Unlocatable Copyright Owner – The Return

A few years back this blog published a couple of brief posts (The Challenge of the Unlocatable Copyright Owner; and The Challenge of the Unlocatable Copyright Owner – Now Empirically Verified) about the Copyright Board of...more

5/16/2014 - Canada Copyright Orphan Works

You Want Me To Do WHAT?! The Nudity Rider In Film And TV Projects

When we have our monthly strategy meetings with our marketing consultants about how we can generate traffic for this blog, they usually furrow their brows and ask if we can’t make our topics a little “sexier” in order to...more

4/14/2014 - Collective Bargaining HBO Hiring & Firing Sexual Harassment Time Warner True Crime

How Many Pieces Of Flair Do You Have? Obtaining Merchandising Rights From Actors

A recent decision from the US federal courts offers a timely reminder of the importance for producers of specifically spelling out that they are obtaining “merchandising” rights from all actors performing in their film or TV...more

4/2/2014 - Copyright Infringement Merchandising Rights Public Performance Rights

Optioning Film Or TV Rights In A Book – A Checklist

As Torontonians know, we are in the midst of a mayoral election campaign; in all the excitement surrounding the candidate debates, it may have slipped into the rearview mirror that last month it was announced that the film...more

3/28/2014 - Canada Copyright Entertainment Industry

ALIS – A Legal Guide For Writers

The good folks at Nova Scotia’s Artists’ Legal Information Society (ALIS) have published their free Legal Guide for Writers, a solid plain-English resource which will prove useful both for authors and their lawyers. Published...more

3/28/2014 - Copyright Infringement

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