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Fraser – Entertainment Law focuses on serving the needs of clients in the television, film, music and internet industries in Canada and the United States.
Entertainment and Media
Fraser – Entertainment Law assists its clients in navigating the constantly changing media and entertainment industry environments that they work in. The firm practices predominantly in the following areas:
| FILM AND TELEVISION |
For any film or television project to be produced, contracts, financing and applications are required. All involve documents that must be negotiated, prepared, reviewed, signed and/or filed. Not only are the proper documents necessary, they detail the production's responsibilities and should reflect the production’s resources. Fraser - Entertainment Law has experience representing independent filmmakers working on their first low-budget productions, producers of North American co-ventures and sophisticated multi-partite international feature film co-productions, and executive producers of groundbreaking television series.
Producing for film and television is increasingly complex and filled with international implications. Competition to draw producers to shoot and cast their latest projects “locally” is intense. There are unions and industry agreements to consider, production incentives, re-writing and vetting of scripts, clearances, currency exchanges, language issues and cross-border arrangements. Fraser – Entertainment Law can advise clients from the concept stage, through development, financing, production and distribution. |
| MUSIC |
The popular music industry continues to evolve. While landing the big record deal is likely to retain its appeal, writing music is the basis of the industry and accounts for much of the money it generates. Fraser – Entertainment Law represents recording artists, performers and composers and has specialized in agreements involving the legitimate dissemination of music, sound recordings and other content via the internet.
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| INTERNET |
The internet continues to revolutionize, at once breaking down long-held means and methods of distributing information/content and opening up unprecedented vistas for entertainment. For Fraser – Entertainment Law, the internet is both a separate medium and an important means of delivering film, television and music.
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Intellectual Property
Copyright, trademark, trade secret and patent law are the four pillars of what is commonly called intellectual property (IP). They are each specialties in their own right.
Fraser - Entertainment Law specializes in copyright law and counseling businesses and individuals who create and distribute copyrighted works. Through a network of IP firms, Fraser - Entertainment Law can assist clients in obtaining expert advice on trademark, trade secret and patent matters.
| COPYRIGHT |
Copyright laws encourage the creation of, and protect the expression in, creative works by allowing their owners to license them and/or to prevent their misuse. Copyright underlies almost every film, television program and musical work.
Copyright laws attempt to strike a balance between the interests of the creators/owners of copyrighted materials and those of users/societal beneficiaries of these creative works. The balance keeps shifting, which makes copyright extremely complex. Technological changes have historically been at the center of the shifts in the balance, with computers and the internet being the latest evolutions to prompt rethinking of that balance.
Whether you are an "author", distributor or user of copyrighted materials (and face it, everyone fits in at least one of these categories), Fraser - Entertainment Law has expertise in Canadian, United States and international copyright laws that is borne from years of transactions and advanced academic pursuit. |
| LICENSING AND CLEARANCES |
A license is a right to do or use something. Where intellectual property (IP) is concerned, the word “license” is generally synonymous with “contract.” Like contracts, licenses are not always in writing. However, in some cases licenses must be in writing for the right to use the IP to be effective. The process of obtaining a license to use IP is frequently called “getting clearances.”
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| TRADE SECRET |
A trade secret is information that is not widely or publicly known and for which a business has taken efforts to maintain its secrecy. Trade secrets laws exist to prevent the unauthorized disclosure of such information.
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| TRADEMARK |
Building the right brand or image is hard work. Trademark laws protect those who adopt and use brand names and other identifiers to distinguish their products and services from those of others. |
Business and Corporate
Fraser - Entertainment Law has advised a wide range of entrepreneurs and established companies in the entertainment industries regarding the formation and management of their businesses, including the buying, selling and licensing of entertainment properties and the merger or acquisition of other businesses.
| SOLE PROPRIETORSHIP |
Most individuals who run their own businesses are “sole proprietors”. With some exceptions, sole proprietors do not have to file any forms to start and operate their businesses. |
| PARTNERSHIPS |
Partnerships are formed every day (sometimes without the partners realizing it), and some jurisdictions require that partnerships file documentation to register their existence. |
| CORPORATIONS |
Whether it is to limit the potential liability exposure that exists in doing business, for purposes of tax planning or financing (such as production tax credits), or because they are required to do so for other reasons, sooner or later businesses will consider incorporation. Incorporation involves, amongst other things, choosing an available name (not to be confused with a trademark) and filing a formation document with a government office.
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| OTHER FORMS OF ORGANIZATIONS |
Most other forms of business organization, such as limited liability companies, have similarities with partnerships or corporations, including the requirement to file a formation document with a government office. |
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