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ENTERTAINMENT AND SPORTS LAW GORDON I. KERKE, Q.C. VOLUME II: ENTERTAINMENT LAW WITH THE ASSISTANCE OF: DAVID ZITZERMAN 1994 FACULTY OF LAW UNIVERSITY OF TORONTO BORA lASKiS LAW LIBRARY DEC 6 1994 mui Sr LAW UNIVERSITY OF TORONTO BORA LASKIN LAW LIBRARY UNIVERSITY OF TORONTO ENTERTAINMENT AND SPORTS LAW GORDON I. KURKE, Q.C. VOLUME II: ENTERTAINMENT LAW WITH THE ASSISTANCE OF: DAVID ZITZERMAN 1994 FACULTY OF LAW UNIVERSITY OF TORONTO Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/entertainmentspo02kirk_5 ACKNOWLEDGEMENT I would like to express my sincere appreciation to David Zitzerman for his assistance in assembling, preparing and editing these materials. David and I are indebted to Lisa Novak, Michael Levine, Stephen Selznick, Stephen Stohn, Cary Kochberg, Jil Linderman, Carrie Smit, Tim Heeney, Susan Karnay and Ivan Schneeberg for their help in developing this material. Gordon I. Kirke, Q.C. . August, 1994 INDEX ENTERTAINMENT LAW MATERIALS Page 1. COPYRIGHT A. INTRODUCTION TO COPYRIGHT 1-1 B. EXCERPTS FROM THE COPYRIGHT ACT 1-30 C. APPROPRIATION OF PERSONALITY (i) Krouse v. Chrysler Canada Ltd. 1-46 (ii) Athans v. Canadian Adventure Camps 1-59 (iii) Joseph v. Daniels 1-74 (iv) Buchwald v. Paramount Pictures Corp. 1-78 (v) "African Kings, Movie Studios and Ripoffs" NLJ, Jan. 15, 1990 1-81 (vi) Compensation in Buchwald case 1-83 (vii) Bette Midler v. Ford Motor Company 1-85 (viii) "Beyond Bette Midler" - article on Tom Waits case - NLJ May 21, 1990 1-89 (ix) Note on Chubby checker and James Brown cases 1-90 (x) "Look-Alikes Need Close Scrutiny" Entertainment Law, May 24, 1993 1-91 (xi) The Privacy Act (British Columbia) 1-93 (xii) Bibliography of Journals - Publicity Rights Articles 1-97 D. COPYRIGHT INFRINGEMENT (i) Preston v. 20th Century Fox Canada Ltd. 1-99 2. MOTION PICTURES AND TELEVISION A. OVERVIEW OF THE PRODUCTION PROCESS (i) Notes on the Production Process 2-1 (ii) "Location Canada: The Benefits of Producing a Film North of the 49th Parallel — Article by David Zitzerman and Michael Levine 2-7 2 Page B. ACQUISITION OF RIGHTS (i) Option Agreement 2-34 (ii) Literary Purchase Agreement 2-43 (iii) Life Story Agreement 2-56 (iv) Extract from Writer Agreement 2-61 C. FINANCING (a) Private Financing (i) License Agreement 2-70 (ii) Government Incentives for Private Financing - Excerpts from the Income Tax Act (Canada) and Regulations 2-82 (iii) Excerpts from a Private Offering Memorandum 2-86 (iv) National Policy Statement 2-93 (b) Government Financing (i) Action Plan for the Administration of Telefilm Canada Funds and Programs, 1993-1994 2-110 (ii) Ontario Film Investment Program (OFIP) Guidelines, April 1, 1993 2-117 (iii) "Co-Productions", Article from the CFTPA Guide, 1993 2-136 (c) Canadian Content (i) Introductory Note 2-138 (ii) "Canadian Content", Article from CFTPA Guide, 1993 2-143 (iii) The Broadcasting Act, 1991 2-145 3 Page (iv) The Canadian Content Guidelines for Television 2-147 (d) International Co-Operation (i) "International Co-Productions and Co-Ventures", David Zitzerman 2-155 (ii) The Canada-France Co-Production Treaty 2-161 (e) Completion Guarantees and Insurance (i) Notes on Completion Guarantees and Insurance 2-169 (ii) Sample Completion Guarantee 2-171 D. PERSONAL SERVICES CONTRACTS (i) Notes on the Production Contract 2-179 (ii) Notes on the Directors' Agreement and the Talent Agreement 2-184 (iii) Extracts from a Director's Agreement 2-193 (iv) ACTRA Performer/Independent Production Agreement 2-197 (v) Certificate of Engagement - Performer 2-212 (vi) ACTRA Standard Form Contract 2-213 (vii) Performer Contract - Extracts from an Artist's Agreement 2-214 (viii) "Basinger in a Box", Article from Entertainment Law Reporter, July 1993 2-227 E. DISTRIBUTION (i) World Distribution Agreement 2-232 (ii) "Hit Picture Still Shows No Profit" NLJ April 30, 1990 2-249 4 Page (iii) "Holy Bat-Debt!", Entertainment, April 26, 1991 2-252 (iv) "Is Tinseltown about to meet its Terminator?", The Economist 25, 1991 2-253 3. THE MUSIC RECORDING INDUSTRY (i) "Music Publishing Agreements in Canada" - J. Stephen Stohn 3-1 (ii) Articles 3-38 (iii) "Movie Scores & Songs: Worth Their Weight in Royalties 3-42 (iv) Management Agreement 3-45 (v) Recording Agreement 3-55 (vi) Publishing Agreement 3-98 4. THE BOOK PUBLISHING INDUSTRY (i) Ontario Publishing Centre - Grants Program 4-1 (ii) The Writer' Union of Canada - Trade Book Contract 4-6 (iii) Writer and Literary Agent Guidelines 4-10 (iv) Author-Publisher Agreement 4-13 (v) Book Publishing Industry Development Program 4-25 . 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