Behind the glitz and glamour of films and TV shows are the people and creative minds behind them. To protect their rights, and that of the film and production companies they work for, film lawyers are here, along with their expertise on Canadian laws.
What are the film laws in Canada?
Canadian film law is not contained in a single law or statute. This is why film and entertainment fall under different federal and provincial/territorial laws.
Below are some of Canada’s laws that a film lawyer that they can guide their clients on:
Labor and employment laws
Employees of film and production companies are covered by the applicable provincial or territorial labor laws. These labor laws prescribe the minimum labor standards that these companies must meet. It also provides for the rights of organized unions and bargaining agreements.
Some specific provisions of labor laws that apply to private employers, such as the entertainment industry, include:
- Payment of salaries and the minimum wage
- Termination of employment and severance pay
- Statutory and other mandatory leaves
- Occupational health and safety in the workplace
- Human rights and prohibition on discrimination
Foreign workers
One aspect of film law in Canada is when film or television production companies hire foreign workers. Under Canada’s immigration laws, foreigners who want to work in Canada must first secure a work permit. This also applies to foreign production companies that intends to shoot a film in Canada.
These foreigners who work in a film or television production may have to apply for an employer-specific work permit. This permit will provide the following details:
- Name of employer
- Period of work
- Location of the work
Those who have this type of work permit must only work in Canada during the specified period and in that specific location only.
Intellectual property laws
Part of entertainment laws or film laws is the protection of intellectual property (IP). Canada has various federal laws regulating the registration (when applicable), protection, and the enforcement of IP rights.
These IP laws also provide for the offenses that may fall as IP infringement and the remedies of IP rights owners who were victimized by infringement.
Copyright Act
Among the IP federal laws in Canada, the Copyright Act is the most relevant to film and movie production.
A copyright is the right of owners of a work to produce, reproduce, publish, or perform their original work. These works may either be literary, artistic, dramatic, or musical work.
When a creator produces an original work, copyright automatically attaches without the need for registration with the Canadian Intellectual Property Office (CIPO). Just the same, a certification of registration would be a creator’s best evidence when litigation ensues regarding their work.
While creators own the work they produce and have the copyright for it, the film and production companies may have copyright over the works created by their talents. This may include the final film that the company produces.
This video explains more about copyright in Canada and the works that can be copyrighted. The term of copyright is now at 70 years after the creator’s death, instead of 50 years.
To know more about copyright in Canada or how to enforce them in the film industry, reach out an entertainment lawyer in your area. Entertainment companies in Toronto can contact any of the Lexpert-Ranked best entertainment lawyers in Ontario.
What is the job of Canadian film lawyers?
Film lawyers in Canada provide services to their clients both in and out of court. It includes preparatory work, such as contract negotiations for various purposes.
They are also involved in ensuring that their clients comply with Canadian entertainment laws.
To represent clients in disputes, film lawyers are also capable of litigation or engaging in any of the alternative dispute resolution (ADR) methods.
Contract
There are several contracts that a film lawyer can help their client with. This may include contracts to run a film or production company or to create agreements with talents or their agents.
Financing
When entertainment companies need additional capital for their business, film lawyers can help them secure these deals by drafting and negotiating contracts.
These contracts with financing institutions or investors will specify the rights and obligations of both parties. These are legally enforceable before Canadian courts.
Assignments and licenses
Film lawyers in Canada can protect the interests of copyright owners in the following instances:
- Assignment: when they assign their copyright to another person or entity; or
- Licensing: when they license another person or entity to reproduce their original work; or
- Distribution: when copyright holders allow another to distribute a copyrighted work.
When copyright owners engage in these transactions, this will be in the form of a contract. A film lawyer could help draft these contracts and negotiate with the other party to secure a favorable contractual term and conditions.
Comply with entertainment laws
Entertainment or film lawyers guide their clients on compliance with Canadian laws. They see to it that none of these laws are violated, and that all their transactions are legal.
Royalties and residuals
Film lawyers can help clients finalize their agreements on royalties and residuals while complying with entertainment laws. This may also be in relation to collective societies that collect these royalties and residuals.
It would also help to consult with film lawyers on royalties since this may have an impact when filing income tax returns.
Litigation or ADR
To represent clients in court or in ADR processes is one of the advantages of hiring a film lawyer.
Below are some of the instances when Canadian film lawyers can assist their clients in relation to litigation and other out-of-court processes:
Enforcement of IP rights
When persons or entities are charged with copyright infringement, or when copyright owners want to file an infringement case against another, film lawyers would be of great help.
With their knowledge of court processes, a film lawyer can help plaintiffs or defendants in civil cases for IP infringement. They can also help prepare evidence and other court documents.
Mediation or arbitration
ADR processes, such as mediation or arbitration, may be resorted to in the following instances:
- when disputes arise between film productions and their employees;
- when disputes arise relative to the parties’ IP rights or copyrights; or
- for any other contractual or non-contractual disputes.
Here, a film lawyer could represent their clients in these processes, ensuring that their rights are well protected, in the hopes of resolving these issues without going to court.
The use of ADR is popular in the entertainment industry since parties prefer the confidentiality of the whole process, as compared to court litigation.
To know more about entertainment laws from film lawyers, contact any of the best entertainment lawyers in Canada as ranked by Lexpert.