October 24 & 25, 2011, Toronto
Inaugural Two-Day Event!
Mastering
Entertainment
Law
Gain a clear understanding of the changing legal landscape in relationship
to the entertainment industry
APPLICABLE TOWARD CPD REQUIREMENT
Workshop Included: Drafting legal contracts and
agreements for the entertainment Industry
Heenan Blaikie LLP
McMillan LLP
PricewaterhouseCoopers LLP
Reisman Law Offices
Sanderson Entertainment Law
Shaw Media
Rhombus Media
course highlights
•
•
•
•
•
•
•
Course Leader
Carolyn
Stamegna,
Goodmans LLP
Susan H.
Abramovitch,
Gowlings
LLP
Howard
Drabinsky,
McMillan
LLP
Erin Finlay,
Access
Copyright, The
Canadian Copyright Licensing
Agency
Tracey Jennings,
PricewaterhouseCoopers
LLP
Hatty Reisman,
Reisman Law
Offices
participating organizations
Access Copyright, The Canadian
Copyright Licensing Agency
Borden Ladner Gervais LLP
Cassels Brock & Blackwell LLP
Cookie Jar Group
Goodmans LLP
Gowlings LLP
Course Leader
Bob Tarantino,
Heenan Blaikie
LLP
Drafting legal contracts and agreements for the entertainment industry
Negotiating financing agreements for entertainment projects
Legal considerations in co-productions and joint ventures
Addressing the legal challenges of distribution in the digital age
International and multijurisdictional co-productions and the law
Libel and defamation law for traditional and new media
Understanding music licensing and artists agreements
Paul Sanderson,
Sanderson
Entertainment
Law
Stephen
I. Selznick,
Cassels Brock
& Blackwell
LLP
Jonathon Dyck,
Borden Ladner
Gervais LLP
who should attend
Associates and Partners for entertainment departments in law firms, In-house legal
counsel for entertainment companies. Partners in boutique law firms specializing in
entertainment law. Vice Presidents and Executives of Business and Legal Affairs
as well as:
Christopher
Pang,
Shaw Media
Austin Wong,
Rhombus
Media
Greg Gilhooly,
Cookie Jar
Group
FACULTY
COURSE LEADERS
BOB TARANTINO
Bob Tarantino is a partner at Heenan
Blaikie LLP. He focuses his practice on
entertainment and IP law, with an emphasis
on film and television production, financing,
licensing, distribution, and IP acquisition
and protection. His clients range from artists
and independent producers to Canadian
and foreign studios and financiers at every
stage of production, from development to
delivery.
CAROLYN STAMEGNA
Carolyn Stamegna is a partner at Goodmans LLP. Her business law practice focuses
on domestic and international transactions
within the film, television, media and broadcasting industries.
ERIN FINLAY
Erin Finlay is Legal Counsel and Manager of
Legal Services at Access Copyright, The
Canadian Copyright Licensing Agency. She
spearheads Access Copyright’s tariff-setting
proceedings before the Copyright Board of
Canada and manages the collective enforcement of publishers’ and creators’ reproduction
rights in their literary, artistic and dramatic
works.
TRACEY JENNINGS
Tracey Jennings is Canadian Leader of PricewaterhouseCoopers LLP’s Technology, InfoComm and Entertainment and Media (TICE)
Practice and also the Entertainment & Media
(E&M) Sector Leader for Canada.
PAUL SANDERSON
Paul Sanderson is currently a sole practitioner
in the firm Sanderson Entertainment Law. He
is the author of the legal texts "Musicians and
the Law in Canada" and Artists’ Contracts:
Agreements for Visual and Media Artists.
STEPHEN I. SELZNICK
Stephen I. Selznick is a partner at Cassels
Brock & Blackwell LLP. His practice is concentrated on corporate & commercial, with an
emphasis on IP; entertainment, advertising,
media and communications; competition and
trade & technology law.
AUSTIN WONG
Austin Wong is the Vice President of Business
and Legal Affairs at Rhombus Media.
CHRISTOPHER PANG
CO-LECTURERS
SUSAN H. ABRAMOVITCH
Susan H. Abramovitch is a partner at
Gowlings LLP, practising exclusively in
entertainment law. Her practice covers all
aspects of music industry transactions, as
well as film, television, live theatre, multimedia, videogaming and book publishing.
HOWARD DRABINSKY
Howard Drabinsky is a partner at the firm of
McMillan LLP. He has been a partner at the
firm since 1987 and is a recognized leader
in the corporate community, serving as
an officer and director of many public and
private companies.
Christopher Pang is senior corporate counsel
at Shaw Media.
HATTY REISMAN
Hatty Reisman is the a lawyer and founder
of Reisman Law Offices. Hatty has over
25 years of experience in the film and television industries, and has seen it all. She has
been a partner at a prestigious Bay Street law
firm, and served as General Counsel to both
Atlantis Communications and Nelvana Limited.
She set up Reisman Law Offices in 2003 and
focuses primarily on film and television financings, domestic and international production,
and corporate matters arising in the sector.
JONATHAN DYCK
Jonathan Dyck is a partner in the Toronto office of Borden Ladner Gervais LLP. He is the
Toronto Regional Manager of the Entertainment Law Group.
GREG GILHOOLY
Greg Gilhooly is General Counsel of Cookie
Jar Group. In his position at Cookie Jar, Greg
is responsible for all corporate legal matters for the Cookie Jar Group, including both
entertainment and education divisions of the
company.
SUPPLEMENTARY COURSE MATERIAL
Delegates will also receive a trial subscription to the Business Law Channel, a much broader resource representing hundreds of hours of interactive multimedia
lectures on leading edge Business Law topics as delivered at our many recent Business Law conferences and courses.
- This program can be applied towards 9 of the 12 hours of annual Continuing Professional Development (CPD) required by the
Law Society of Upper Canada. Please note that these CPD hours are not accredited for the New Member Requirement.
- The Barreau du Québec automatically accredits training activities held outside the Province of Quebec and accredited by
another Law Society which has adopted MCLE for its members.
- Attendance at this course can be reported as 6 hours of Continuing Professional Development (CPD) to the Law Society of New Brunswick.
- For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual
Continuing Professional Development Plan as required by the Law Society of Alberta.
- Attendance at this course can be reported as 6 hours of Continuing Professional Development (CPD) to the Law Society of B.C.
- Basic knowledge of finance is a suggested prerequisite for this event.
COURSE PROGRAM
ENTERTAINMENT AND MEDIA LAW:
KEY LEGAL CONCEPTS AND ISSUES
IP LAW ISSUES IN THE ENTERTAINMENT INDUSTRY:
BILL C-32 AND THE SON OF BILL C-32
Though not a separate legal discipline, the practice of entertainment
law touches on a variety of traditional legal disciplines, such as contract, tort & IP law, which are applied to a unique business setting.
This session will examine the key legal concepts and issues in entertainment law from a practical perspective, examining the interplay of
these rights and legal issues within an entertainment law practice
In June 2010, the federal government introduced Bill C-32 (Copyright
Modernization Act), which was intended to balance the interests of
users and the rights of artists while adapting the Act to the digital age.
Though this Bill died on the Order Paper when an election was called,
new legislation is expected in the Fall. This session examines the benefits and potential issues that will need to be addressed as revisions
are made to copyright laws and how this will affect the rights and legal
obligations of clients in the entertainment industry.
· Latest legislative, regulatory & case law
developments in entertainment law
· Trends and developments in the broadcasting, film, television,
music, book publishing and new media industries
· International legal aspects of entertainment law
· Impact of digital media
· Key business practices of the industry
· Practice management and professionalism
issues for entertainment lawyers
CONTRACTING IN THE FILM INDUSTRY
Carrying on business in the film and television industry is increasingly
complex, with a host of agreements and legal issues to consider, including guild, union and industry agreements, licensing and financing
issues, production incentives, cast and crew issues, clearances and
cross-border arrangements.
· Drafting licensing agreements for film and television
· Film financing contract negotiation
· Contract negotiations on behalf of film and television
producers with rights holders
· Talent agreements: scriptwriters, film directors, actors,
composers, set designers
· Production and post production and trade union issues
· Negotiating distribution issues and IP rights
RECORD PRODUCTION AGREEMENTS
Music industry contracts address everything from distributing the
rights to a work & licensing music for multiple platforms, signing an
artist to a label, and setting out the logistics of a tour. The focus of
this session will be to examine the various contractual provisions of
record production agreements.
· The main features of record production agreements
· The difference between recording agreements
and record productions agreements
· Negotiations for record production agreements
· The relevance of music publishing, merchandising and
live performance rights and income to record production
agreements: the so-called 360 model
LEGAL CONSIDERATIONS IN CO-PRODUCTIONS
AND JOINT VENTURES
Due to the size of many entertainment projects, co-productions are
becoming increasingly popular as a means to mitigate the growing
risk and expense of production through the pooling of creative, technical and financial resources.
·
·
·
·
·
Structuring alternatives for co-production agreements
Copyright implications of co-productions
How Canadian Tax Credits deal with a co-production
Unique features of a co-production agreement
CRTC sanctioned international joint ventures and
international treaty co-productions
· Establishing the minimum financial, creative and technical
participation required by each party
· Addressing the sharing of responsibility for the
exploitation of the completed production
· What to expect with the new law and the implications
for the entertainment industry
· Copyright and new technologies
· The increasingly complex and globalized copyright environment
· Impact on the non-commercial use of copyright works
· Responsibilities of internet service providers
· File sharing and secondary infringement
· Copyright portfolio management
INTERNATIONAL AND MULTI JURISDICTIONAL
CO-PRODUCTIONS AND THE LAW
Today’s entertainment industry is a global one, resulting in entertainment law having a large international component to it. This session
will examine the legal and business considerations of negotiating and
drafting international contracts in the entertainment industry, including
the unique issues in cross-border licensing.
·
·
·
·
·
·
International industry standards
Legal rights and obligations of an international co-production
Contractual issues and obligations for an international production
Negotiating and drafting cross border IP agreements
Key legal issues in multi-jurisdictional co-productions
International finance transactions
LIBEL AND DEFAMATION LAW FOR TRADITIONAL
AND NEW MEDIA
In light of increased popularity of social media as a new form of free
expression, both lawyers and entertainment business people need to
understand the new rules of mass communication. This session will
explore the rights, responsibilities and legal repercussions of speaking
your mind both online and in the traditional media.
· Innocent dissemination: a plausible excuse?
· Old laws/new mediums: interpreting traditional
legislation in the new media
· Cyberlibel: libel and defamation 2.0
· Protecting the legal rights of your client online and off-line
· Addressing malicious information found in blogs, forums and
social networking sites such as Facebook, Twitter and Youtube
NEGOTIATING FINANCING AGREEMENTS
FOR ENTERTAINMENT PROJECTS
The financing of entertainment projects requires a high level of foresight, creativity and planning, as it often involves a huge amount of
risk. This session will provide the steps in the successful navigation of
financing entertainment projects from inception to closing, examining
the major issues involved in the transaction.
· Legal, business and financial aspects of entertainment
project financing transactions
· Taking security over intellectual property
· Financing needs of production companies at
different stages of a project
· Various financing models
· Collective ownership issues in financing
· Evolving role of completion guarantors
COURSE PROGRAM
TAX PLANNING IN THE ENTERTAINMENT INDUSTRY:
TAKING ADVANTAGE OF CANADIAN INCENTIVE
PROGRAMS
Canada offers advantageous government tax incentives and funding policies for those producing film, television and interactive digital
media projects. This session will examine tax planning strategies for
Canadian productions.
·
·
·
·
The use of federal, provincial and international tax credit programs
Federal Government incentive programs
Official Treaty Productions
Private incentives that support distinctively
Canadian content productions
· Provincial government incentive programs
KEEPING UP WITH THE GAME: LEGAL AND
REGULATORY DEVELOPMENTS IN GAMING LAW
The legal and regulatory models to handle the growing phenomenon of
online gaming within the international community range from prohibition
to regulation and taxation. This session will explore the ever-changing
world of online gaming and the developments that will shape its future.
· Online versus off-line: laws and regulations governing
land-based versus online gambling
· U.S. prohibition to UK regulation: where does
Canada fit in the spectrum?
· Who’s playing across the table: how do you define location online?
· Black Friday and Blue Monday and the implications
on Canadian gaming
· The future of gaming: mobile access, taxation, privacy and fraud
AGREEMENTS FOR ON-AIR TALENT
WORKSHOP
Establishing and developing a strong and lasting relationship takes
trust and a commitment from a lawyer to completely understands
the needs of the client and their specific industry. This session will
examine all of the intricacies that go into negotiating and drafting
agreements for on air talent, including:
DRAFTING LEGAL CONTRACTS AND AGREEMENTS
FOR THE ENTERTAINMENT INDUSTRY
·
·
·
·
·
·
The instability and complexity of the entertainment industry has resulted in entertainment contracts being very detailed and multifaceted.
This session will explore the intricate steps involved in negotiating and
drafting a complete and effective contract agreement for the entertainment industry, including distribution, licensing, financing, music recording & publishing, production and services agreements.
Negotiating term and compensation issues
Negotiating and drafting conditions regarding outside activities
Post-term non-compete provisions
Who controls the brand of the on-air personality?
Control over product placement and other sponsor activities
Perqs
· Designing contractual structures adapted to the needs of clients
· Drafting & negotiating in an environment of rapidly
changing and converging media technologies
· Principal components of entertainment contracts
· Multi jurisdictional and cross border drafting considerations
· Negotiating and drafting artist agreements, actors’
Registration: To reserve your place, call Federated Press toll-free at 1-800-363-0722.
In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the
registration form. Places are limited. Your reservation will be confirmed before the course.
Location: Metropolitan Hotel, 108 Chestnut Street, Toronto, Ontario, M5G 1R3
Conditions: Registration covers attendance for one person, the supplementary course material as described in this document, lunch on both days, morning coffee on both days and
refreshments during all breaks. The proceedings of the course will be captured on audio or
video. Multimedia proceedings with all slides and handouts can be purchased separately on a
CD-ROM which will also include the course material.
Time: This course is a two-day event. Registration begins at 8:00 a.m. The morning sessions
start promptly at 9:00. The second day ends at 4:00 p.m.
Cancellation: Please note that non-attendance at the course does not entitle the registrant to a
refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. Please notify Federated Press of any changes
as soon as possible. Federated Press assumes no liability for changes in program content or
speakers. A full refund of the attendance fee will be provided upon cancellation in writing received prior to October 11, 2011. No refunds will be issued after this date.
Discounts: Federated Press has special team discounts. Groups of 3 or more from the same
organization receive 15%. For larger groups please call.
Payment must be received prior to October 17, 2011
Phone: 1-800-363-0722
TO REGISTER FOR MASTERING ENTERTAINMENT LAW
Toronto: (416) 665-6868
Fax: (416) 665-7733
REGISTRATION COSTS
Name
NUMBER OF PARTICIPANTS:
Title
Department
COURSE: $1975
Approving Manager Name
Approving Manager Title
COURSE + PROCEEDINGS CD-ROM:
$1975 + $175 = $ 2150
Organization
PROCEEDINGS CD-ROM: $599
Address
NOTE: Please add 13% HST to all prices.
City
Province
Postal Code
Telephone
Fax
e-mail
Please bill my credit card:
AMEX
#
VISA
Expiration date:
Proceedings CD-ROM will be available 60 days
after the course takes place
Mastercard
Enclose your cheque payable to
Federated Press in the amount of:
/
Signature :
Payment enclosed: 
Please invoice. PO Number:
WHEN CALLING, PLEASE MENTION PRIORITY CODE:
MELT1110/E
MAIL COMPLETED FORM WITH PAYMENT TO:
Federated Press P.O. Box 4005, Station “A”
Toronto, Ontario M5W 2Z8
GST Reg. # R101755163
PBN#101755163PG0001
For additional delegates please duplicate this form
and follow the normal registration process