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Archive for ‘Firm Guest Blogger’

Farewell to Their Lordships

Courtesy of my friend and partner, Subrata Bhattacharjee, today is the last sitting of the Judicial Committee of the House of Lords (you can watch the feed here. So farewell to a court that has provided a vast range of legal judgments from Attwood v. Small in 1838, through Rylands and Fletcher, through M’ALISTER or DONOGHUE (Pauper) v. STEVENSON. In October, a Supreme Court will start sitting to hear appellate matters.

In this Guest Week on Media and Entertainment law at Slaw, it only seems fitting that they’ll spend part of the last day on pop . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Miscellaneous, Substantive Law, Substantive Law: Judicial Decisions

Co-Producing Films in Canada – the Basics



In today’s financing climate, where pre-sales are more difficult than ever to attract and GAP financing requires two or three times coverage, the holy grail of many independent producers has become “soft money”- funds which are generated by means other than sales of a product, such as tax credits, government subsidies and equity investments. Canadians have become very good at chasing soft money, and that’s why Canadians are tops in co-producing.

In the context of reduced financing sources, it stands to reason that if accessing soft money in one country is good, then accessing soft monies from . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Lights, Camera… Insurance!

and by Michael Spanier

One of the most important aspects of film and television production is the clearance procedure. A little known fact about entertainment lawyers is that we spend much (okay…some… well, precious little actually) of our day in our offices watching movies. Or cartoons. Or television shows. All in the name of “E&O Clearance Procedures.”

The importance of ensuring that a production is clear from an errors and omissions perspective cannot be emphasized enough. From the day a producer acquires the rights to a script, an underlying novel or a real-life story, the E&O journey begins. Every single . . . [more]

Posted in: Firm Guest Blogger, Practice of Law, Substantive Law

Eady J, Paparazzi and Privacy

Celebrities thrive on the oxygen of publicity. As Wilde put it, “there is only one thing in the world worse than being talked about, and that is not being talked about”. Between the tabloids and the celebrities, goes on a complex galliard of hunt and court. . . . [more]

Posted in: Firm Guest Blogger, Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Google Revisited

Many of us think of Google merely as your friendly, neighbourhood search engine. But Google is more than just a home page. Questions are increasingly being raised about Google’s dominance in several areas including on-line advertising, privacy and, more recently, copyright (read: “Google Books”). Google is now coming out swinging even on telecommunications policy matters, having appeared at the CRTC’s recent hearing on ISP Internet tariff management practices (ITMPs). Konrad von Finckenstein, the Chairman of the CRTC, was pleased that Google “as one of the large players on the Internet”, was actively participating in the process. In asking “Is . . . [more]

Posted in: Firm Guest Blogger, Substantive Law, Technology: Internet

Quebec and Ontario Move to Attract Foreign Film Productions

Recently, the Quebec and Ontario governments announced changes to enhance certain tax credits aimed at the film and television industry with the goal of bringing more foreign based productions into these provinces. In doing so, both governments have recognized the increasing global competition to attract film and television productions with the use of government incentives.

Canada was already a pioneer in the development and implementation of government incentives when it introduced the current system of tax credits in 1997. The success of Canada’s tax credit model in attracting film and television projects to the major production centers of Vancouver, . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Google’s Legal Agenda

Well Google has been the subject of many Slaw comments, but it’s on the legal side that it’s hit the news recently.

It won an important decision before Justice Eady of the English High Court in which the court held that Google was not liable as a publisher of defamatory comments when comments made in an internet forum about Metropolitan International Schools, a British company that operates Internet-based training courses, surfaced in the top rankings of a Google search for the company. Of course now the Schools’ highest hit is Eady’s judgment.

“When a snippet is thrown up on the

. . . [more]
Posted in: Firm Guest Blogger, Legal Information, Substantive Law, Technology, Technology: Internet

The Return of the Music Soundtrack: Pulp Fiction or a New Reality?

and by Paul Chodirker

What was the number one selling album on Billboard’s top 200 chart at the end of January 2008? It wasn’t Radiohead’s In Rainbows, or Mary J. Blige’s Growing Pains. Can you guess what it was? It was a soundtrack album from “the little film that could” known as Juno.

If you’re not familiar with the Juno soundtrack, it’s basically made up of indie darlings and unknown musicians like Barry Louis Polisar and Kimya Dawson. Barry Louis Polisar is actually a musician who writes music for children. In fact, five soundtrack albums currently appear in the top . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

Firm Guest Blogger: Heenan Blaikie’s Media and Entertainment Practice

This month’s firm guest blogger is Heenan Blaikie‘s Media and Entertainment Practice. As always, you’ll know our guest’s posts by the banner we put at the top:

They’ve kindly provided Slaw with this introduction.

Heenan Blaikie is one of Canada’s leading law firms, with over 480 lawyers and professionals in nine Canadian cities including Toronto, Montréal, Calgary and Vancouver. We are also one of the youngest large firms in the country – literally. Our firm was founded just 35 years ago, with three lawyers (all still active) in Montréal. Growth has been spliced into our DNA. So has the

. . . [more]
Posted in: Administration of Slaw, Firm Guest Blogger

Maybe the Jury Didn’t Like the Songs

In a highly publicised decision that caught most music industry watchers off guard, a federal jury in Minneapolis last week handed the Recording Industry of America (RIAA) an unprecedented and overwhelming victory in the form of a $1.92 Million (U.S.) award against a mother of four for allegedly file-sharing 24 songs. At $80,000 per track, it represents a ratio of 80,000 to 1 of punitive damages to the actual damages suffered, assuming each song could have been legally purchased for $1.00. News reports on the case, the first of thousands filed in the U.S. against individual file sharers to actually . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

A Risky Business for BC Lenders

The land title registration system in British Columbia, which is based on the principles of the Australian ‘Torrens’ registry system (named after Sir Robert Torrens) allows one to register title against real estate in a central registry. This system, which has been used since the 19th century, was a significant improvement from earlier, more cumbersome methods of proving title which required tracing back the historical “chain of title” in order to prove that the land was unencumbered.

A key part of BC’s land title system is the principal of “indefeasibility of title” which allows purchasers, lenders and other parties dealing . . . [more]

Posted in: Firm Guest Blogger, Substantive Law

The Emerging Climate Consciousness – Public Company Disclosure and Beyond

Recently, I ran across an excellent article in the Spring 2009 issue of Corporate Governance Quarterly called “Climate Change Disclosure Heats Up”. The authors, Patricia Koval, Tyson Dyck and Michael Pickersgill of Torys LLP, discuss public companies’ disclosures pertaining to the companies’ exposure to “climate risks”. This broad risk category includes matters such as: how climate change affects the company’s profitability, what opportunities / challenges climate change presents to the company, and what actions the company is taking in anticipation of the various climate change related regulations coming down the pipe (e.g. the anticipated mandatory cap-and-trade system on greenhouse . . . [more]

Posted in: Firm Guest Blogger, Substantive Law