Gathering and Waiving Rights – Ask An Entertainment Lawyer
Gathering and Waiving Rights – Introduction Today we will look at gathering and waiving rights; from the inception of an idea, through its evolution into a film, producers of film and television must gather all the intellectual property rights in their productions. A producer acquires these rights by entering into contracts with the various people […]
Music Publishing Agreements – Being a Musician is a Business
Music Publishing Agreements – Introduction One of the ways to get your music catalogue and future compositions onto screens (TV series, movies, advertisements and games) is through a direct relationship to the relevant music supervisor or film/TV producer. Another way is by working with a music publishing company whose services include seeking music placement opportunities […]
“Work Made for Hire” Explained
“Work Made for Hire” Explained: Introduction The phrase “work made for hire” is commonly found in entertainment industry contracts—particularly with regard to independent contractors. Many would be surprised to learn that the phrase “work made for hire”, often unwittingly “borrowed” from American contracts, has no legal significance in Canadian law. Is there a Canadian […]
Option Agreement – Ask a Lawyer Series
Option Agreement – Introduction A scriptwriter contacted us, asking what legal issues to be aware of when selling her completed scripts to film producers. Typically, a scriptwriter (let’s call her the “creator”) would enter into an option agreement with a producer interested in producing the film—unless, perhaps, the producer has the funds to produce it […]
“Shown In Canada”: CAVCO Reinterpretation
“Shown In Canada”: CAVCO Reinterpretation – Introduction Shown In Canada: CAVCO Reinterpretation – The Canadian Film or Video Production Tax Credit (“CPTC”) is available for productions that are shown exclusively through eligible online video services. Prior to March 6, 2017 such productions were considered ineligible. Background Before March 6, 2017 programming shown exclusively on online […]
Quitclaims – A Creative Legal Tool
Introduction to Quitclaims Quitclaims are legal tools used by producers and creators to ensure that someone or something has given up certain rights in a property. For example, say you are a producer and a great script lands on your desk (or inbox). The creator tells you that it was previously developed by another producer […]
Online Concert Licensing and Royalties – Part 2
The Rights of Online Concerts: This is the second blog about online concert licensing and royalties. In the first blog, I provided a chart that summarized some licensing considerations for online concerts based in Canada. This blog introduces three rights that presenters require with respect to the compositions being performed at commercial online concerts. […]
Online Concert Licensing and Royalties – Part 1
Online Concert Licensing and Royalties Take Center-Stage: It’s no wonder online concerts are growing in popularity—they’re a great way for musicians to connect with their fans during this time of physical distancing. However, there are more music licensing and royalty considerations for online concerts compared to live in-person shows. This blog identifies some of these […]
COVID-19 Killed My Tour – Rights and Obligations – Part 2 – Partners
Cancelled Tour – Rights and Obligations: We all want to limit health risks at home and in the communities that we visit on tour. As we consider the effects of COVID-19 on the live music industry and our individual roles, here is part two of a series of blogs to address some considerations likely on […]
Force Majeure – What you Need to Know
Force Majeure & Current Events: We all have many questions as we grapple with the sweeping effects of COVID-19 on our professional and personal lives. Many may find it difficult or impossible to perform their contractual obligations given the restrictions imposed in response to the outbreak. If COVID-19 makes it impossible for you to perform […]
