Blaney McMurtry’s entertainment law group has helped its clients in the entertainment industry understand, appreciate and manage the complexities of developing, exploiting and protecting their creative works and the related intellectual property rights. We have assisted clients, be they artists or industry, through the various stages of development and commercialization of artistic, choreographic, cinematographic, dramatic, literary or musical works. Our group also has the benefit of drawing upon the expertise of our firm’s other specialty groups in areas such as immigration, tax, financing, labour and employment, construction law, litigation and securities law.
Our areas of expertise include:
Broadcasting, film and media
- Advising as to copyright, including:
- rights acquisition
- rights management
- licensing and incorporation of third party works
- performers’ rights
- moral rights
- Advising as to script options and purchases
- Advising on obscenity and defamation matters and other limitations to freedom of expression
- Advising on broadcasting, webcasting and datacasting rights and regulations
- Advising on media rights and medium conversion
- Advising as to enforcement of intellectual property and contractual rights and advising as to anti-bootlegging and anti-piracy strategies
- Advising as to project structuring and taxation issues
- Advising on insurance and liability
- Negotiating and drafting financing agreements and completion guarantees
- Conducting intellectual property due diligence, including chain of title verification
- Negotiating and drafting directors’, producers’ and crew employment/contractor agreements
- Negotiating and drafting actors’ employment/contractor agreements
- Negotiating and drafting distribution agreements, including online distribution agreements
- Negotiating and drafting production and co-production agreements
Event Management
- Structuring, constitution and organisation of corporations and non-corporate business vehicles for event organisers
- Negotiating and drafting construction contracts for sporting venues
- Negotiating and drafting leasing agreements for event venues
- Negotiating and drafting supplier agreements
- Drafting waivers, releases and other documentation for event participants
- Negotiating and drafting funding and financing agreements
- Negotiating and drafting sponsorship agreements
- Negotiating and drafting license agreements for third party materials, themes and other intellectual property used for events
- Advising on insurance and liability
Gaming Law
- Advising on gaming laws in Canada, including laws regulating:
- land-based casinos
- charity casinos
- internet gambling
- lotteries
- video lottery terminals and slot machines
- sports and race wagering
- Structuring, constitution and organisation of offshore corporations
- Tax structuring
Music
- Advising as to commissioning and commissioning programs, including the Classical Commissioning Program
- Advising as to copyright, including:
- rights acquisition
- rights management
- licensing and incorporation of third party works
- performers’ rights and neighbouring rights
- moral rights
- Advising on obscenity criminal provisions and other limitations to freedom of expression
- Advising on defamation matters
- Advising on media rights and medium conversion
- Advising as to enforcement of intellectual property and contractual rights and advising as to anti-bootlegging and anti-piracy strategies
- Advising as to copyright collectives, such as SOCAN, and other collective licensing and royalty regimes
- Advising as to live performances and touring and negotiation and drafting of agreements relating thereto
- Negotiating and drafting recording agreements
- Negotiating and drafting publishing agreements
- Negotiating and drafting licensing agreements
- Negotiating and drafting promotion agreements
- Negotiating and drafting agency and management agreements
Performing Arts
- Advising as to copyright, including:
- rights acquisition
- rights management
- licensing and incorporation of third party works
- performers’ rights and neighbouring rights
- moral rights
- Negotiating and drafting performer and director agreements
- Negotiating and drafting production agreements
- Negotiating and drafting advertising agreements
- Negotiating and drafting leasing agreements for event venues
Personality Rights
- Negotiating and drafting endorsement agreements
- Negotiating and drafting spokesperson agreements
- Negotiating and drafting product placement agreements
- Negotiating and drafting merchandising agreements
- Negotiating and drafting personal appearance agreements
Publishing
- Advising as to copyright, including:
- co-authorship
- rights acquisition
- rights management
- licensing and incorporation of third party works
- moral rights
- Advising on obscenity criminal provisions and other limitations to freedom of expression
- Advising on defamation and libel matters
- Advising on creation of derivative works, translated works and adaptations
- Negotiating and drafting confidentiality and non-disclosure agreements
- Negotiating and drafting publishing agreements, including online and electronic publication
- Negotiating and drafting distribution agreements
- Negotiating and drafting agreements relating to the commissioning of works
Videogame and Multimedia
- Advising as to copyright, including:
- co-authorship
- rights acquisition
- rights management
- licensing and incorporation of third party works
- moral rights
- Advising as to regulatory environment, including privacy and content controls, as well as industry certification and standards programs
- Advising as to enforcement of intellectual property and contractual rights and advising as to anti-counterfeiting and anti-piracy strategies
- Advising as to project structuring and taxation issues
- Advising on insurance and liability
- Negotiating and drafting confidentiality and non-disclosure agreements
- Negotiating and drafting financing agreements and completion guarantees
- Negotiating and drafting development, licensing, distribution and marketing agreements
Visual Arts and Design
- Advising as to copyright, including:
- rights acquisition
- rights management
- licensing and incorporation of third party works
- moral rights
- Advising on obscenity criminal provisions and other limitations to freedom of expression
- Advising on creation of derivative works, conversions and adaptations
- Advising as to copyright collectives, such as SOCAN, and other collective licensing and royalty regimes
- Negotiating and drafting agreements relating to the commissioning of works
- Negotiating and drafting agreements relating to varnishing, expositions and private viewings
- Negotiating and drafting agreements relating to the leasing and licensing of works or portions thereof
