Table Of Content

Y R A R B LI W A L N KI S A L A R O B RTAEVMENT AND SPORTS LAW GORDON I. KIRKE, Q.C. VOLUME II: ENTERTAINMENT LAW 1997 FACULTY OF LAW UNIVERSITY OF TORONTO >ORA LASKIN LAW LIBRARY UNIVERSITY OF TORONTO ENTERTAINMENT AND SPORTS LAW GORDON I. KIRKE, Q.C. VOLUME II: ENTERTAINMENT LAW 1997 FACULTY OF LAW UNIVERSITY OF TORONTO Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/entertainmentspo02kirk_7 INDEX ENTERTAINMENT LAW MATERIALS Page COPYRIGHT INTRODUCTION TO COPYRIGHT - Excerpts from 1-1 "A Guide to Copyright", Industry Canada COPYRIGHT LEGISLATION (i) Excerpts from the Copyright Act 1-9 (ii) Rome Copyright Convention, 1928 1-35 (iii) Universal Copyright Convention 1-36 (iv) World Trade Organization Agreement 1-37 Implementation Act (GATT Revisions) (v) Excerpts from Bill C-32, An Act to Amend the 1-38 Copyright Act APPROPRIATION OF PERSONALITY (v) Krouse v. Chrysler Canada Ltd. 1-63 (vi) Athans v. Canadian Adventure Camps 1-76 (vii) Joseph v. Daniels 1-91 (viii) White v. Samsung Electronics America Inc. 1-95 "Jury Sides with Vanna", L.A. Times, Jan. 21, 1-121 (IX) 1994 (x) Wendt v. Host International Inc., Summaries from 1-122 Entertainment Law Reporter, September 1995, January 1996 (xi) McFarland v. Miller 1-124 (xii) Stem v. Delphi Internet Services Corp. 1-136 (xiii) Montana v. San Jose Mercury News, Inc. 1-137 (xiv) The Privacy Act (British Columbia) 1-138 (xi) Gould Estate v. Stoddart Publishing Co. 1-142 (xii) Bibliography of Journals - Publicity Rights Articles 1-148 2 - - Page MOTION PICTURES AND TELEVISION A. OVERVIEW OF THE PRODUCTION PROCESS (i) Notes on the Production Process 2-1 (ii) Traditional Roles on the Set, by Daria Ellerman 2-5 (iii) Glossary of Film Production Terms 2-14 (iv) "Location Canada: A Guide To Producing in Canada and Doing Business with Canadians" — Article by David Zitzerman, Michael Levine, and 2-24 Mark Musselman B. ACQUISITION OF RIGHTS (i) Option Agreement 2-53 (ii) Television and Home Video Rights Purchase 2-60 Agreement (iii) Life Story Agreement 2-70 (iv) Writer’s Agreement 2-77 C. FINANCING (a) Private Financing (i) License Agreement 2-85 (ii) Canadian Film or Video Production Tax Credit 2-94 Guidelines - issued by the Canadian Audio-Visual Certification Office (CAVCO), November 12, 1996 (iii) Government of Canada News Release/Fact Sheet 2-120 re: Film and Video Tax Credit (iv) Film and Video Tax Credit Legislation 2-127 (v) Film and Video Tax Credit Draft Regulations 2-132 (vi) National Policy Statement No. 33 2-142 (b) Government Financing (i) Action Plan for the Administration of Telefilm 2-159 Canada’s Funds and Programs, 1996-1997 (ii) Telefilm Canada - Description of Funds 2-169 i. 3 - - Page (iii) Ontario Tax Legislation Bulletin - January 1997 - 2-179 re: Ontario Film and Television Tax Credit (iv) Ontario Film Development Corporation (OFDC) - 2-189 News Release - Draft Legislation (v) "Co-Productions", Article from the CFTPA 2-201 Guide, 1997 (c) Canadian Content (i) "Canadian Content", Article from CFTPA Guide, 1997 2-205 (ii) The Broadcasting Act, 1991 . 2-207 (iii) The Canadian Content Guidelines for Television 2-209 (d) International Co-Operation (i) "International Co-Productions and Co-Ventures", David Zitzerman 2-217 (ii) The Canada-France Co-Production Treaty 2-223 (e) Completion Guarantees and Insurance (i) Notes on Completion Guarantees and Insurance 2-231 (ii) A Guide to Obtaining E & O Insurance; and 2-233 Preventing Lawsuits, by Debra Hodgson (iii) E & O Insurance Application Form 2-243 (iv) Sample Completion Guarantee 2-247 D. PERSONAL SERVICES CONTRACTS (i) Director Services Agreement 2-262 (ii) ACTRA Performer/Independent Production Agreement 2-275 (iii) Certificate of Engagement - Performer 2-287 (iv) ACTRA Standard Form Contract 2-288 (v) Performer Contract - Artist Services Agreement 2-289 (vi) "Basinger in a Box", Article from Entertainment Law Reporter, July 1993 2-299 - 4 - Page E. DISTRIBUTION (i) Distribution Agreement 2-304 (ii) "Holy Bat-Debt!", Entertainment, April 26, 1991 2-320 3. THE MUSIC RECORDING INDUSTRY (i) Note to Reader 3-1 4. THE BOOK PUBLISHING INDUSTRY (i) Canada Council Grants Program 4-1 (ii) Book Publishing Industry Development Program 4-18 (iii) Ontario Publishing Centre Grants Program 4-28 (iv) Trade Book Contract 4-45 (v) Packager-Author Agreement 4-49 (vi) Writer and Literary Agent Guidelines 4-69 (vii) Guide to Electronic Rights 4-76 (viii) Electronic Publishing Contract 4-86 (ix) Multimedia Agreements 4-92 (x) Legal Issues in The Production of Multimedia 4-116 5. THE THEATRE INDUSTRY (i) Overview of Theatre and Live Performance 5-1 (ii) Dramatization Rights Agreement 5-3 (iii) Production Agreement 5-16 (iv) Licence Agreement 5-32 - 5 - Page 6. FREE TRADE AGREEMENT "Culture" Chapter from: The Free Trade (0 Agreement: A Comprehensive Guide. Jon R. Johnson & Joel S. Schachter 6-1 (ii) "Free Trade and the Risks to Canada’s Culture Policy" - John Roberts From: Canada Not for Sale 6-8 G26\ZITZERMD\4120836.1 TV P n M