A Terms of Trade Primer - Part 3 (Basic Licensing Conditions)

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This is the third installment in our series about the new Terms of Trade applicable to the English-language Canadian private broadcasting industry (see here for Part 1 and here for Part 2). This installment focuses on Section 4 (Basic Licensing Conditions) of the Terms of Trade Agreement. This is the third of an anticipated nine posts which will be posted over the course of the next week and which will cover the Terms of Trade in detail. Once all nine posts have been published, the archived posts will be available at this link.

What do the Terms of Trade say about... basic licensing conditions?

After a project is greenlit, the producer has 90 days to confirm other sources of financing for the production. The 90 day period is subject to alteration by mutual agreement (presumably meaning it can be made either shorter or longer) so as to "mesh with funding deadlines or exigencies of production". While this provision nominally seems to be included for the benefit of the producer, the fact that the 90 day period is not an absolute minimum seems to mean that it remains subject to the vagaries of differential negotiating power between producers and broadcasters.

Broadcasters must commit to broadcasting a program within 12 months of the start of the license term.

Please see full article below for more information.

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Published In: Administrative Agency Updates, Art, Entertainment & Sports Updates, Communications & Media Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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