Dentons Entertainment & Media Law Signal Podcast Series

Morals clauses come in all different shapes and sizes. Did you know that we can trace the history of morals clauses back to 1920s Hollywood when movie studios tried to insulate themselves from scandals surrounding actors and their off-screen behaviour by giving them a contractual “out”? Fast-forward to today, where there are now reverse morals clauses, allowing the celebrity/performer to terminate the arrangement if the company is associated in a scandal. With so many options available, it’s best to understand the basics.

In this episode of the Entertainment & Media Law Signal podcast, Bob Tarantino and Caitlin Choi provide you with the Five W’s of drafting morals clauses – What, When, Where, Who, “…and then What" – and discuss a case about a morals clause that went all the way to the Ontario Court of Appeal.

If you would like further information on what makes a good morals clause, read our related blog post, or contact Bob Tarantino or Caitlin Choi.

During a global pandemic, we are now generally accustomed to delayed deliveries – from our household essentials, to late-night impulse purchases – but what about the content we rely on to entertain us in an extended quarantine? Every producer that has a license agreement with a distributor, broadcaster or an SVOD service has an obligation to complete and deliver their content in accordance with the defined schedule. While productions have shut down in this current environment, producers have had to adjust those dates and improvise where possible to deliver content that will feed an almost-parched pipeline.

In this episode of the Entertainment & Media Law Signal podcast, Bob Tarantino and Caitlin Choi speak with David Steinberg, who has been helping film and television producers deal with the challenges of delivery during the pandemic. David shares helpful provisions for renegotiating agreements, and looks ahead to the future hurdles content producers may face in the second, third, etc. waves of issues that will arise to due COVID-19.

If you would like to discuss this podcast, a COVID-related delay to your delivery obligations or renegotiating a license agreement, please contact David Steinberg, Bob Tarantino or Caitlin Choi.

Wiseau Studio v Harper is an important case for Canadian entertainment lawyers because it offers the first authoritative Canadian decision pertaining to documentary films on a number of topics, including fair dealing, intrusion upon seclusion, misappropriation of personality and moral rights considerations – all of which are important for film and television producers and their counsel.

In this episode of the Entertainment & Media Law Signal podcast, Bob Tarantino and Caitlin Choi speak with Matt Diskin and Meredith Bacal, who represented the defendants in this case, for their inside insights. The crew dives into the backstory behind this claim, hot topics raised during trial and critical takeaways from the decision.