This video entitled Hello Madison and Vine, It’s Me, Bay Street: Understanding the Legal and Regulatory Considerations of Concerns of Creating Branded Content in Canada aired at the Canadian Marketing Association’s Content Marketing Show on June 25th, 2013 and features Sara Perry, an associate in Heenan Blaikie’s Advertising and Entertainment Law Groups, highlighting some of the key legal and regulatory issues associated with developing branded content (also known as branded entertainment or “advertainment”) in Canada.

The video describes key considerations including:

  • knowing the difference between “advertising” and “entertainment”;
  • understanding the CRTC regulatory restrictions around “advertising” on Canadian TV networks;
  • considerations for maintaining Canadian content status and federal and provincial tax credit eligibility;
  • identifying, if applicable, the correct collective bargaining agreement to apply; and
  • negotiating control, ownership and distribution rights in the content as between the producers, broadcasters and advertisers.

The bottom line is that when brands engage in producing branded content there are a number of unique legal and regulatory issues that need to be addressed. It is essential that advertisers, producers, broadcasters and other stakeholders meet early and often to ensure that the goals and objectives of all parties can be met and that the branded content project will be produced in compliance will applicable laws and regulations.