Sessions & Instructor Bios
Day 1 – Contracts and Negotiations
This day will include discussions around:
- Contractual customs and practices
- Drafting and negotiating key terms of agreements (talent, writer, production, etc.)
- Personal service contracts (basic terms, miscellaneous provisions and types of agreements)
- Standard form agreements (appearance releases, location releases, license agreements)
- Working with unions and guilds
- Working with broadcasters and distributors
- Favoured Nations clauses (scope re: terms, scope re: comparables)
- Royalties and residuals
- Completion guarantors
Instructor: Terry E. Markus, lawyer, executive producer
Terry Markus is an independent consultant and lawyer providing business and legal affairs services to the entertainment, broadcasting and media industries. In addition, she co-produced the dramatic short, DNA, which premiered at TIFF in 2003, co-executive produced a feature length theatrical film, SUCK, which premiered at TIFF in 2009 and won several awards including the Silver Medal Best Canadian Feature at Fantasia 2010 and the Audience Choice Award at the Whistler Film Festival 2009; executive produced a documentary short, Chasing the Lion, about Canadian triathlete Lionel Sanders; and executive produced a dramatic short, Fearfully & Wonderfully MADE, which is starting its festival run, and, is currently executive producing a number of projects including the feature length theatrical film Cidic, and the feature length documentary Connecting the Dots (wt).
A graduate of the University of Toronto and Queen’s University Law School, Terry started her legal career at a boutique entertainment law firm in Toronto, Ontario. She then worked in-house at the following companies holding various senior legal, business and regulatory affairs positions: Astral Media Inc. (now Bell Media Inc.); Alliance Communications Corporation’s broadcasting division (now Corus Entertainment Inc.); and, the Catalyst Entertainment Inc. (now CCI Entertainment Limited) and Gullane Entertainment PLC (now HIT Entertainment Limited) group of companies. In addition, while continuing her independent legal practice, Terry worked at the S-VOX Group of Companies (Vision TV, ONE: The Body Mind and Spirit Channel, JoyTV 10 and 11, and, until June 2009, The Christian Channel) (now ZoomerMedia Limited) in the role of Executive Vice-President, General Counsel and Corporate Secretary.
Day 2 – Intellectual Property
This day will include discussions around:
- Identifying, registering and protecting intellectual property
- Copyright Act (including fair dealing), Trade-Marks Act, and clearances
- Acquisition and licensing of rights, Life rights
- Errors and Omissions insurance and clearance procedures
- Chain of Title
- Rights of privacy and personality
Instructors: Amalia Berg, Partner, Goodmans LLP; Tara Parker, Partner, Goodmans LLP; David Zitzerman, Partner, Goodmans LLP
Amalia Berg is a partner and head of the Intellectual Property Group at Goodmans. Amalia practices exclusively in the areas of intellectual property and technology law with a focus on trademarks, copyright and confidential information. Her practice includes client counselling and portfolio management including trademark clearance and prosecution, both domestic and abroad, opinion work, opposition and cancellation proceedings, enforcement, intellectual property law transactional work, licensing, and domain name and e-commerce issues. She is a registered Trademark Agent.
Amalia is an active member of numerous professional organizations and sits on committees of several organizations dealing with intellectual property law. Amalia currently serves as the Chair of the Programming Subcommittee of the International Trademark Association’s Law Firm Committee and a member of that association’s Roundtable Committee. She is also a member of the Canadian Bar Association’s Trademark Committee. Amalia is a past Chair of the Canadian Bar Association’s National Intellectual Property Section and a past Chair of the Ontario Bar Association’s Information Technology Section Executive.
Amalia is a regular speaker at conferences on intellectual property issues. She is recognized as a leading intellectual property lawyer by Best Lawyers in Canada, Lexpert, and Chambers. She is also recognized for trademarks by Who’s Who Legal Canada, Euromoney’s Guides to the World’s Leading Trademark Lawyers and the World’s Leading Women in Business Law.
Tara Parker is a partner in the Entertainment Group at Goodmans. Tara was recently named the Best Lawyers’ 2015 Toronto Entertainment Law “Lawyer of the Year” and is also recognized as a leading entertainment lawyer by The Best Lawyers in Canada, The Canadian Legal Lexpert Directory, The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and Who's Who Legal: Sports & Entertainment. She is also recognized for media by Euromoney’s Guide to the World’s Leading Technology, Media & Telecommunications Lawyers and the Guide to the World's Leading Women in Business. Her practice focuses on representing major American and Canadian studios, broadcasters, independent producers, literary, artistic and business clients, in all aspects of the development, production, financing, licensing and distribution of film, television, book publishing, theatrical, music, video game and digital media projects.
Tara has appeared as a guest expert on the subject of “Reality Television” on the Business News Network (BNN). Tara is a contributing editor to Canadian Forms and Precedents: Commercial Transactions – Information Technology and Entertainment published by LexisNexis and has contributed articles to various entertainment law publications relating to her area of practice. READ MORE
David Zitzerman is a partner and head of the Entertainment Law Group at Goodmans. He has exclusively practised entertainment law for over 25 years. His practice focuses on film, TV and online media in Canada and the United States. Clients include independent producers, Canadian networks, Hollywood studios, US networks, cable and OTT services, European broadcasters, distributors, publishers, private equity investors, talent guilds/agencies, authors, writers, directors and actors.
David is recognized as a leading entertainment lawyer by Lexpert, Who’s Who Legal, The Best Lawyers in Canada (2010 Toronto Entertainment Lawyer of the Year), Euromoney’s Best of the Best (one of top 30 media lawyers in the world) and Guide to the World’s Leading Technology, Media & Telecommunications Lawyers.
David is an Adjunct Professor of entertainment law at the University of Toronto Faculty of Law and is a frequent commentator on entertainment industry issues for Business News Network. He is the co-author of Entertainment Law in Canada published by LexisNexis. He is a director and serves on the Executive and Investment Committees of the Canadian Film Centre, is a director of the Canadian Screenwriters Collection Society, is on the Program Advisory Committee of the Ryerson School of Radio & Television Arts, is a Gold Patron of the Toronto International Film Festival and is a member of Film Ontario, the Canadian Media Production Association, Women in Film and Television-Toronto, the Academy of Canadian Cinema and Television and the Canadian Association of Recording Artists.
Day 3 – Regulatory Procedures and Policies
This day will include discussion around:
- Canadian Content overview
- Corporate Structures (production services, co-ventures and treaty co-productions)
- Tax Credit and funding implications
- Broadcast licensing and regulatory issues
Instructor: Doug Barrett, Adjunct Professor in Media Management, Schulich School of Business, York University; Hatty Reisman, LLB, JD, ICD.D, Reisman Law Offices
Doug Barrett is a veteran of over 30 years in the Canadian media and entertainment industries. Since 2008, he has been a Professor in Media Management at Schulich School of Business of York University — first as the Bell Media Professor and now as Adjunct Professor. He is also the Principal of Barcode SDG, a strategic advisory firm.
From 2006 until its sale in May, 2013, he was the President and CEO of PS Production Services Ltd., one of the country’s leading suppliers of professional motion picture production equipment. For 20 years prior, Barrett ran one of Canada’s most successful entertainment law practices, serving as senior partner at McMillan LLP, and was repeatedly listed by the legal directory, Lexpert, as one of Canada’s 500 Leading Lawyers.
From 2004 to 2008, Doug served as Chair of the Board of Directors of the Canadian Television Fund during which he reformed the Fund’s complex governance and funding practices while leading strategic responses to examinations by the CRTC, the Standing Parliamentary Committee on Canadian Heritage and the Auditor General of Canada.
Throughout his career, Doug has provided legal advice and strategic guidance to the Canadian film and television industry, and volunteered both time and expertise to build a stronger landscape. He has served on several boards for periods exceeding 10 years, including the Banff Television Festival, the Feature Film Project of the Canadian Film Centre and the Canadian Film and Television Production Association. He was also a key founder of the Alliance Atlantis Banff Television Executive Program.
Hatty Reisman, founder and senior lawyer at Reisman Law Offices is a seasoned corporate lawyer with business and operations experience. Prior to establishing this firm, Hatty spent 20 years in the trenches getting to know her clients' business. She was a founding partner of the Toronto office of Heenan Blaikie and went on to serve as General Counsel of two leading Canadian entertainment public companies — Atlantis Communications and Nelvana Limited.
Hatty offers legal and business expertise specializing in the cultural industries sector including advising on all aspects of the film and television industry, interim financing, corporate transactions and day to day corporate matters, intellectual property, employment and immigration issues arising in these and other industries, small claims court matters, as well as on issues faced by technology startups, and on music, publishing and new media matters.
She is also a frequent speaker at industry events and conferences and is recognized by Lexpert as a leading entertainment lawyer, and by Cambridge's World Wide Who's Who.