Terms of Trade Handbook

Forward

The following guide has been designed by the CMPA to provide you with our interpretation of how Terms of Trade should be applied in your day to day dealings with the five private English language broadcaster groups who are signatories to this agreement.  The Terms of Trade agreement is a living document, meaning that as we gain experience working with it we will, no doubt, make modifications to this guide.

It is important to note that these Terms of Trade were negotiated in a highly respectful manner between the CMPA and broadcaster representatives. That said, disagreements and disputes are inevitable.  The CMPA is committed to working through any rough patches with our broadcast partners in an equally respectful manner.

The CMPA negotiating team included Norm Bolen, President and CEO of the CMPA, Reynolds Mastin, its Counsel, Eric Birnberg, a leading entertainment industry lawyer, and myself.  We were also assisted in the early stages by a masterful negotiator and great Canadian, Mr Gordon Ritchie. We at the CMPA consider this Terms of Trade agreement a major first step in rebalancing the broadcaster/producer relationship. I would personally like to thank my colleagues for all their efforts in achieving this longstanding goal.

None of this would have been possible had the CRTC not recognized the importance of Terms of Trade in ensuring a healthy broadcasting system which serves the needs and desires of Canadian consumers.

Finally, a particular thank you is owed to Reynolds Mastin, who ably drove the creation of this guide.

As always, whether you are a CMPA member or not, you are encouraged to contact us if you are having any difficulties in respect of any matter covered by Terms of Trade. In short, we are here to assist you to ensure that Terms of Trade are adhered to by our broadcast partners. The CMPA team is here to serve you. If you have any questions please feel free to bring them to our attention.

John Barrack
Chief Operating Officer and Chief Legal Officer

 

Welcome to the CMPA’s Terms of Trade Handbook

This handbook will take you through each section of the agreement and offer commentary on specifics of some of the key points or frequently asked questions.

We will be updating these pages as and when new information is received, or questions are asked, so please revisit before executing your next agreement. New content will be highlighted below so you can quickly see any changes.

    (a) Rights Acquired by the Broadcaster

    (b) Rights negotiated Between the Broadcaster and the Independent Producer

    (c) Independent Producer-Created Original Digital Content

    (d) Rights Exclusively Retained by the Independent Producer

Created: November 28, 2011.

 

If you have any comments regarding this guide please contact:

Reynolds Mastin
Counsel

416-304-0280 Ext. 225

IMPORTANT:The comments in this document are subject to change, and Independent Producers are therefore encouraged to consult the Terms of Trade section of the CMPA website on a regular basis for the most up-to-date version of the Handbook.  These comments are solely those of the CMPA and are not in respect of any specific project, development or licence agreement.  They should not be construed as legal or business advice, and Independent Producers are encouraged to seek independent, professional legal and business advice when negotiating development and licence agreements with broadcaster signatories to the Terms of Trade Agreement.

 


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