entertainment and media

Live theatre, film and television production and presentation companies face numerous complex business issues when bringing their works into the commercial marketplace.  McMillan LLP's Entertainment and Media group brings together firm expertise from the Business, Public Markets, Competition and Advertising and Marketing Law Groups.  This breadth of talent allows our firm to assist its clients with throughout the production process: from financing, syndication and sponsorship to securing international production and distribution rights, we are committed to getting the deal done. 

Financing and tax

McMillan LLP is a trusted advisor to film, television and theatrical producers and presenters who develop top quality content and productions for the Canadian, U.S. and international marketplaces.   We work on behalf of clients to secure the financing necessary to bring creative works to life and our lawyers have particular expertise advising foreign clients with transactions subject to the Investment Canada Act, which applies to non-Canadians planning to commence a new business activity in Canada or acquire control of an existing Canadian business.  We also provide national and foreign production companies with tax planning and corporate structuring strategies that help secure federal and provincial tax credits and grants.

Transactions and agreements

Our experienced transaction practitioners represent legal interests in the industry during the development and negotiation stages of major acquisitions and divestitures of media properties, and our drafting expertise in these areas provides clients with favourable and cost-effective contractual arrangements.

McMillan LLP acts for several high-profile and well-known recording artists and writers.  Our lawyers have represented these clients in their negotiations for touring, celebrity endorsement and record production arrangements and we are routinely retained to develop their intellectual property and licensing agreements.

Regulatory approvals

Our Entertainment and Media lawyers also help clients navigate the various Canadian regulatory regimes applicable to entertainment law.  We prepare and structure these businesses for compliance with various Canadian ownership restrictions and often defend their rights and interests before regulatory tribunals such as the Canadian Radio-television Telecommunications Commission (CRTC) and the Copyright Board of Canada.

Litigation and intellectual property

McMillan LLP's Entertainment and Media group is supported by one of the top intellectual property practices in Canada.  Our lawyers have advised a diverse group of individuals and companies on copyright and trade mark  matters, and handle their copyright and trade mark registrations within Canada and abroad.  We regularly provide advice and representation to clients dealing with infringement proceedings, particularly with respect to the internet and associated new media platforms.  We also offer experienced domain name advice and have acted for our clients before various national and international arbitration tribunals.  McMillan LLP lawyers are also retained by some of the largest Canadian media and entertainment organizations for employment law and corporate governance advice.

• Acted for Mirvish Productions on its purchase of Toronto's Canon and Panasonic Theatres from Key Brand Entertainment Inc.
• Advisor to Canadian and international producers of live theatrical productions including:
• War Horse
• The Railway Children
• Ghost Stories
• Priscilla Queen of the Desert
• Rock of Ages
• Sound of Music
• We Will Rock You
• The Lord of the Rings

Film & Television

• Represented the producer of the Canadian reality television show Triple Sensation.
• Advisor to a U.S. public film production corporation, regarding production and transaction financing, licensing, distribution and related contractual arrangements.
• Counsel to producers of feature films.
• Counsel to Deluxe Entertainment Services Group Inc., a worldwide entertainment services provider and the world's largest processor of film for the motion picture industry whose businesses includes motion picture post-production, digital technologies for post-production, distribution of film and marketing materials and digital distribution.
• Advise Hollywood studio on commercial and competition law matters relevant to theatrical film distribution and home entertainment divisions.
• Competition law counsel to the Motion Picture Association – Canada.

Music 

• Represent Canadian rock legend RUSH, one of the best-selling rock bands in history.
• Represented various Canadian Bands over the years and acted as Canadian Counsel for major international artists.
• Represented Dan Gibson Productions (award winning "Solitudes" nature sounds and music recording companies) from inception to takeover by public company.
• Represent distributors on various corporate, commercial, tax and other matters.
• Advising distributors on merger and acquisition transactions, including foreign investment review/approval.

• Represent Canadian award winning and New York Times best-selling author Joy Fielding.
• Represent Canadian award winning and New York Times best-selling author Joy Fielding.
• Represented various authors of fiction and non-fiction works.
• Represented a leading Canadian publisher of children's books in the sale of the business to a Canadian television and film production company.
• Represent book publishers and distributors on various corporate, commercial, tax and other matters.
• Advising book publishers and distributors on merger and acquisition transactions, including foreign investment review/approval.

New Media