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Results: 1-10 of 171

Keep your pants on - the morals clause in performer contracts
  • Heenan Blaikie LLP
  • Canada
  • January 18 2012

How much room for innovation is there in the realm of the so-called "morals clause"?


The "pay or play" clause in film and TV contracts
  • Heenan Blaikie LLP
  • Canada
  • June 15 2011

I was speaking at a conference earlier this week when the discussion turned to the issue of "pay or play" (sometimes rendered "pay-or-play") clauses in film- and TV-related contracts, particularly contracts entered into by actors or other participants in the creative process (such as directors


Online infringement: Canadian "notice and notice" vs us "notice and takedown"
  • Heenan Blaikie LLP
  • Canada
  • June 27 2012

News that Canadian band In-Flight Safety has been subject to postings of its songs on YouTube being removed by the service for purported copyright infringement ("Maritime band battles to keep music on YouTube") means a timely opportunity to consider the differences between Canadian and US copyright law when it comes to infringing content online


Creating contracts by email - "written" doesn't always mean "in writing"
  • Heenan Blaikie LLP
  • Canada, USA
  • November 14 2011

Two recent court decisions (one Canadian, one American) serve as useful reminders that binding contracts and assignments of rights can be created via exchanges of emails almost as easily as they can be created by "written" documents


Damage awards in internet defamation cases
  • Heenan Blaikie LLP
  • Canada
  • November 28 2010

Matthew Nied has written a very interesting and well-researched article (published by the Alberta Law Review Supplement) (hat tip: slaw) calling for a reassessment of how Canadian courts treat damage awards for online defamation:"Damage Awards in Internet Defamation Cases: Reassessing Assumptions About the Credibility of Online Speech"


Faceplant: the possibility of legal claims arising from "The Social Network"
  • Heenan Blaikie LLP
  • Canada
  • October 5 2010

A reaction which seems to consistently accompany viewings of the hit movie The Social Network goes something like this: "Er, can't they get sued for that?"


Question and answer: do I need permission to use a photograph of public domain art?
  • Heenan Blaikie LLP
  • Canada
  • June 23 2011

Let's imagine someone wants to use a photograph of a very old painting in their movie or television show (or, what the heck, in a book) - under Canadian law, do they need permission from the photographer or other owner of the photograph?


Question and answer: do I need permission to film the outside of a building?
  • Heenan Blaikie LLP
  • Canada
  • June 6 2011

The Copyright Act (Canada) extends copyright protection to "architectural works" (a subset of "artistic works") - does a filmmaker need permission to film the exterior of a building in a film or TV project?


Question and answer: who owns the copyright in an interview?
  • Heenan Blaikie LLP
  • Canada
  • February 4 2011

While this may seem to be an obscure (or least inconsequential) question, it has relevance not just for journalists, but for freelance writers, documentarians, creators of non-fiction works and novelists


You're getting sued for what? An E&O odyssey (Pt 10)
  • Heenan Blaikie LLP
  • Canada
  • March 6 2013

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 E&O