5th Edition ENTERTAINMENT LAW

MARCH 5, 2012

8:15

Registration and Continental Breakfast

9:00

Welcoming Remarks from Insight Information

9:05

Opening Remarks from the Co-Chairs

David Steinberg 
Partner
Heenan Blaikie LLP

David Zitzerman 
Partner
Goodmans LLP

9:15

CRTC Developments in Internet Regulation

Michael Koch 
Partner, Goodmans LLP

• Experience with the New Media Exemption Order
• Over the Top television – policy and legal dimensions
• Role and legal status of ISPs
• Cross-impacts of Net Neutrality and UBB telecom rulings

10:00

Networking Coffee Break

10:15

The Copyright Act Amendment Process and Recent Supreme Court Appeals: Implications for the Entertainment and Publishing Industries

Roanie Levy
General Counsel and Director of Policy and External Affairs
Access Copyright

Stephen Zolf 
Partner
Heenan Blaikie LLP

Paul Spurgeon 
General Counsel
SOCAN

• Update on amendments to the Copyright Act (Canada)
• Liability under the U.S. Digital Millennium Copyright Act
• How new media is changing the way we manage copyright
• Copyright infringement, disputes and resolutions
• Do's and don'ts of Copyright Act

11:45

Terms of Trade: Redefining Relationships between Producers and Broadcasters

Reynolds Mastin
Associate Counsel
CFTPA

Jane Harrison
Vice President & Associate General Counsel, Law Department
Corus Entertainment

Learn the key provisions of the Terms of Trade Agreement signed between the Canadian Media Production Association and Astral, Bell Media, Corus Entertainment, Rogers and Shaw Media.

• Applicability of the agreement – what's in/what's out
• Development – from first pitch to the broadcaster through to the signing of a development agreement
• Basic licensing conditions – including negotiation rights granted to the broadcaster and rules surrounding the negotiation of long-form deals
• Key commercial terms – including what constitutes a fair market value license fee and a super license fee
• Rights splits – which rights are negotiable and which aren't equity
• Tax credits and producer fees and overhead
• Dispute resolution

12:30

Networking Luncheon

1:45

Regulatory Framework for Vertical Integration

Peter Foster 
Director General, Television Policy and Application
CRTC

Grant Buchanan 
Partner
McCarthy Tétrault LLP

• Rules for exclusive content distribution arrangements
• Code for good business practices
• Measures for protecting independent broadcasters and distributors
• The implications of the decision for competition in the entertainment industry; competition in the broadcasting industry; innovation and service to consumers
• Its impact on content producers, distributors and ultimately consumers
• Vertical integration as a reaction to over-the-top services
• The marriage of distribution and content has not always succeeded. Is it a model whose time has come?
• Will it stand the test of time?

2:45

Networking Refreshment Break

3:00

The Changing Face of Cable Television – Video Programming Distribution and Competitive Concerns

Dr. Tasneem Chipty 
Analysis Group

Colette Watson 
President
Cable Public Affairs Channel, CPAC

There has been a confluence of technology and content in the marketplace for the timely distribution of professional, full-length video programming to residential subscribers. This session will describe some of the business and competitive challenges facing distributors today and provide some perspective from the United States as well as Canada:

• Has there been a shift in relative bargaining strengths between content and distribution? If so, why and what are the consequences?
• How online video programming will affect traditional multichannel video program distributors and choices available to consumers?
• Does vertical integration between programming and distribution play a different role today? Programming for all screens – how does a programmer stay relevant in the anytime/anywhere world of content consumption?
• How are tablets and mobile phones impacting your revenue model?
• Are the measurement (ratings) services keeping up with the times?
• Applying the new vertical integration policy to content creation

4:00

Accessing and Understanding Digital and New Media Tax Credits

David Zitzerman 
Partner
Goodmans LLP

Tracey Jennings
Partner, Canadian Entertainment & Media Leader
PricewaterhouseCoopers

Jennifer Blitz 
Director of Tax Credits and Financing Programs
Ontario media Development Corporation

• Planning considerations re: accessing digital media incentives
• Key differences between the federal, Ontario, BC and Quebec digital incentives
• Digital incentives and the Canada Media Fund
• Combining digital incentives with traditional film tax credits
• Digital incentives for video games and other interactive content
• Accounting considerations re: digital incentives

5:00

Conference Adjourns for the Day

MARCH 6, 2012

8:30

Continental Breakfast

9:00

Opening Remarks from the Co-Chairs

9:15

Innovative Strategies for Brands & Entertainment – Putting Reality Into Marketing, The Future of Branded Content Initiatives

John Young 
Managing Director
Temple Street Production

Tony Chapman 
Founder and CEO
Capital C

Over the past couple of years the tumult in the worldwide economy has led to a reassessment of the advertising industry as a whole. While previously accepted forms of advertising will remain with us for years to come, branded content is emerging as a viable and effective tool for today's brands. The success of this 'new frontier' will require that brands, broadcasters and content producers alike address the following points:

• The need to rethink branded integration and move towards meaningful engagement through content
• The recognition and acceptance that partnerships are vitally important to successful branded content campaigns
• The importance of isolating one universal insight
• Understanding the branded content value chain
• Defining a clear vision and identifying the value add across multiple platforms
• Finding a champion for a concept within each partner

10:15

Networking Coffee Break

10:30

Digital Distribution: Emerging Trends

Margo Langford 
Senior Counsel
Hayes eLaw LLP

• Digital distribution trends and technologies
• Creating incentives for consumer adoption and consumption of digital media
• Connected viewing initiatives
• Effective negotiation strategies for content ownership and sharing
• Future models and emerging projects

11:30

Structuring an International Co-Production or Co-Venture

Dale Hancocks 
SVP, Operations & Associate General Counsel
Corus Entertainment

David Zitzerman 
Partner
Goodmans LLP

• Advantages and disadvantages of each co-production structure
• Important differences from traditional domestic "Canadian content"
• Key planning considerations for a CRTC co-venture and an international treaty co-production
• Selecting the optimal structure for your production
• Complying with the key eligibility requirements of the CRTC and Telefilm
• Examples of recent co-pros and co-ventures
• Avoiding common traps and pitfalls

12:30

Networking Luncheon

1:45

Merchandizing and Licensing Agreements

David Steinberg
Partner
Heenan Blaikie LLP

• The basic mechanics of merchandising and licensing agreements
• Trade mark issues
• The administration of merchandising rights among producing partners
• How are revenues generated and shared?

2:30

Networking Refreshment Break

2:45

Innovative Structures in Film Financing and Cost Recovery

David C. Perlmutter 
Head of Production
Arcadia Entertainment Inc

Margo Langford 
Senior Counsel
Hayes eLaw LLP

David Steinberg 
Partner
Heenan Blaikie LLP

• Success stories of hybrid distribution:
  • Independent films are getting wider audiences by taking more control of a film's exploitation by dividing up "all rights" deals traditionally made with Distributors
• The new hybrid approach combines:
  • Use of several specialist brokers or agencies (DVD, theatrical, television, VOD, foreign, educational, online, mobile)
• AND some DIY efforts:
  • Filmmaker's web and mobile presence – including direct sales of films and merchandise
  • Other online distribution platforms – a survey of these payment structures
• Pitfalls to avoid in business relationships with foreign distributors and financiers
• Pros and cons regarding co-productions
• Adventures with the Canada Media Fund
• Provincial equity funds
• The problem of interim financing

4:00

Music in Movies, Games and TV Shows – Key Deal Points for Licensing

Susan Abramovitch
Partner
Gowlings LLP

David Basskin 
President
Canadian Musical Reproduction Rights Agency

• Double rights clearance obligation - master and composition
• Rights implicated: Reproduction? Synchronization? Communication by telecommunication?
• Options for extension of rights, term, territory
• Most favored nations implications
• Sound-alike risks
  • What is synchronization licensing?
  • Sourcing music rights
  • What drives the royalty rate negotiation?
  • Licensing multiple media
  • Licensing multiple markets
  • Buyouts versus step-ups
  • Streaming, download and hybrid uses: licensing for Internet distribution

5:00

CLE Accreditation: 
This program qualifies for 10.25 substantive hours and can be applied towards the 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.

MEDIA PARTNER

Register 3 delegates for the main conference at regular price at the same time and you’re entitled to register a fourth person from your organization at no charge. For other group discounts, please call 1-888-777-1707. All discounts must be redeemed when booking, discounts will not be valid or applied after this time.