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British Columbia Announces Changes to Film and TV Tax Credits

On May 2, 2016 the government of British Columbia announced significant changes to the province’s film, television and digital media tax credit programs. While the changes remain to be approved by the provincial legislature,...more

The Complexities of Canada’s Extension of Copyright Protection for Sound Recordings

On June 23, 2015, Royal Assent was given to Parliament’s Bill C-59, otherwise known as the Economic Action Plan 2015 Act, No. 1, otherwise known as the federal government’s 2015 budget. Contained in the legislation are...more

Ontario “Grandfathers” Tax Credit Rate Changes

When Ontario announced its 2015 budget, one particular proposed change was met with… well, let’s call it “concern” from the Ontario film and television production community: the reduction of the OPSTC and OCASE tax credits...more

Trivial Thoughts on Substantial Parts

What constitutes a “substantial part” of a copyrighted work is an endlessly diverting question – both because copyright law tends not to draw “bright lines” (meaning that lawyers are forever doomed to conducting...more

I Didn’t Say That – The Ability of Actors to Control Their Performances Under Canadian Copyright Law

When the United States Ninth Circuit Court of Appeals issued its 2014 opinion in Garcia v Google, its tentative conclusion that actors might enjoy copyright protection in their on-screen performances was met with vociferous...more

If You Know About It, You’re the Publisher – Website Operator Liability for Defamation

The first few months of 2015 have brought some welcome direction from Canadian courts regarding the liability of operators of websites for defamatory postings on their websites made by third parties. In plain English: we’ve...more

Ontario Passes Protecting Child Performers Act

On April 30, 2015, Ontario passed Bill 17, entitled the Protecting Child Performers Act; on May 5, 2015, Bill 17 received Royal Assent, and so, by its terms, the Act will come into force in February 2016 (nine months from...more

Ontario’s 2015 Budget Makes Changes to Cultural Tax Credits

The Ontario government released its 2015 Budget on April 23, 2015 – and it makes some significant changes to Ontario’s cultural tax credit regime, including the elimination of the sound recording tax credit. (Please note that...more

Handy-dandy Comparison Chart: Canadian Content, Production Services, Co-Ventures and Treaty Co-Productions

Deciding how to structure the production of an audio-visual production in Canada can be complicated. That’s why Dentons is pleased to provide this comparison chart which aims to simplify the process by identifying the primary...more

I Want What She’s Getting – “Favored Nations” Clauses in Entertainment Contracts

The “favored nations” or “most favored nations” or “MFN” concept/clause, while not omnipresent in entertainment contracts, certainly gets its fair share of use. This post will explore the purpose and operation of FN and MFN...more

Netflix’s Apparent Crackdown on Geoblock Circumventers

Recent reports indicate that Netflix may be cracking down on the use of virtual private networks (VPN) and similar mechanisms to log into Netflix. While VPNs provide enhanced network security, they are commonly used by...more

Permit Me to Explain – Work Permits and LMIAs for Foreign Actors

As much as we Canadians (justifiably) boast about our homegrown talent, there is no hiding the fact that to maximize the quality of our music, TV, and film we sometimes need an assist from outside our borders. For instance,...more

Ginuwine Concerns for Management Contracts

Elgin Baylor Lumpkin (the performing artist better known as “Ginuwine”) is being sued by his former manager. For those familiar with the R&B star, one could make the (terrible) pun that he is being asked to “Pony” up dough...more

11/19/2014  /  Canada , Managers , Music Industry , Royalties

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

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

#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

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

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

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

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

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

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

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

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
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