E&O considerations for US-based filmmaker vs. Canada-based filmmaker

Posted by Kailin Che on Apr 17, 2020 11:07:17 AM

Fair use vs. fair dealing

Are there different e&o considerations for a US-based filmmaker vs. a Canada-based filmmaker?

E&O INSURANCE FILM | ERRORS AND OMISSIONS INSURANCE FILM:


Kailin Che (Lawyer)
: There are definitely differences in the applicable laws affecting E&O considerations between US and Canada. A lot of these are nuanced, but to give you an example: we’re talking about exceptions under copyright infringement as set forth by the fair use doctrine and so in the US, the fair use doctrine is a lot broader than the Canadian fair dealing doctrine equivalent.

Copyright and fair use:

Under the US copyright law, they have a non-exhaustive list of potential purposes that could be used as an exception, e.g., if it’s a comment or criticism, or for the purpose of news reporting, these are all things that would NOT constitute an infringement on copyrighted material.

Fair dealing copyright | fair dealing guidelines | fair use fair dealing:

In Canada, we have a similar provision but an exhaustive list. So, it is limited to private study research, parody and satire, etc. So, the consequence of this is that, for producers, they might potentially be found to have infringed on copyrighted material in Canada, but perhaps they’re not infringing in the US.

So, that said: most people who are making films are distributing in Canada and the US anyway, so it’s important to be compliant with both sets of laws and regulations. And, typically, if you buy insurance in the US, it’ll cover Canada as well.

 

Related:

About: Kailin Che is a corporate/commercial lawyer who represents clients in a broad range of industries including, technology, entertainment, manufacturing and real estate. She has advised clients on a variety of endeavors, including mergers and acquisitions, financing, reorganizations, corporate governance and regulatory compliance. Kailin began her legal career at a global law firm in Toronto and is licensed to practice in both Ontario and British Columbia.

Topics: Film Producer's E&O Insurance, US Film insurance broker, Fair Use Doctrine

Front Row Insurance Brokers opens an office in Los Angeles

Posted by David Hamilton on Feb 20, 2014 5:17:00 PM

Canada's largest Film Insurance Broker expands to LA

Vancouver, Canada - - February 20 2014 -- Front Row is pleased to announce the opening of their first office in the United States. The US company will be known as Front Row Insurance Brokers, LLC and will be located at: 14156 Magnolia Blvd, Suite 200, Sherman Oaks, CA 91423.

The Los Angeles office will be headed up by well known film insurance veteran Kent Hamilton. Kent can be reached at 424-529-6700.

Kent will be supported by Mike Groner and Tina Ortiz.

Front Row is licensed and registered in every province and is Canada's largest specialized film insurance broker. Front Row represents: each of the four major film insurance companies: Chubb, Premiere/Everest, Allianz/Firemans Fund and Travelers / St Paul.

"An opportunity arose to bring Kent and his team into Front Row and we quickly worked to make that happen," says David Hamilton, President of Front Row based in Vancouver. "We are delighted that Kent decided to join Front Row given the multiple offers that he received from other brokerage firms." Kent was previously a Senior Vice President at Truman Van Dyke in Los Angeles where he specialized in arranging insurance coverage for film and TV productions.

Front Row is an independent film insurance broker that works on behalf of producers to transfer the risks of filming to insurance companies for a premium charge. Should a claim occur, Front Row ensures that the production company receives the money that they are owed per the insurance policy as quickly as possible.

Topics: Film insurance broker, US Film insurance broker

New Film Insurance Company in Canada - Competition Benefits Producers

Posted by David Hamilton on May 28, 2012 11:50:00 AM

The Fireman’s Fund Insurance Company has opened an office in Toronto.

As Canada’s largest Film Insurance Broker, we have been selected as an approved broker that can obtain quotes and production coverage from Fireman’s Fund.
 

Front Row is an independent broker that represents Film Producers – not the insurance companies. We can offer you quotes for your project from all four of the Film Insurance companies in Canada: Chubb, Fireman’s Fund, Premiere and Travelers.

If you are not receiving four quotes from the broker that you are using, please contact us and we would be happy to provide the missing quotes so that you ensure you are receiving the best premium and coverage available in the marketplace.

We can make the process simple for you.  If you are able to provide us with the following information, we will have an indication of costs and/or a quote for you within 24 hours or less:

  1. Dates of  Filming
  2. Copy of Budget Top Sheet
  3. Synopsis and Script

There is no cost or obligation – you have nothing to lose and you may benefit with a lower premium.

Our staff have a combined 205 years of experience insuring film productions in Canada.  In the event of a claim, we will ensure that you are paid the money you are owed as quickly as possible.  We have offices in Montreal, Toronto and Vancouver with a staff in excess of 16.

Articles about our firm are available on our website.

Topics: Film equipment insurance, Film Insurance, Entertainment Insurance, Film insurance broker, Film Producer's E&O Insurance, Multimedia Risk Insurance, Film Insurance claims, Film Producers, Commercial Production Insurance, Documentary Insurance, film insurance premium, DICE Insurance, Film Production Companies, US Film insurance broker

A Canadian Insurance Broker Needed to Avoid Potential Tax Penalties

Posted by David Hamilton on Feb 7, 2012 2:55:00 PM

A CANADIAN INSURANCE BROKER NEEDED TO AVOID POTENTIAL TAX PENALTIES

If you are a US Insurance Broker that has a client with a Canadian subsidiary, Canadian tax law requires that:

  • The policy must be issued by a licensed Canadian insurer
  • The premium must be paid by the Canadian subsidiary directly to a licensed Canadian broker who then  must pay the Canadian insurer
  • If an unlicensed insurer is used, Provincial tax penalties may be as high as 50% of the premium and an additional Federal tax of 10% of the premium will also be levied

A US Insurance Broker that does not hold a license in Canada will not be able to place business with a Canadian insurance company. Furthermore a US broker that does not hold a Canadian license is not allowed to provide insurance advice to a Canadian company – even if it is a subsidiary of a US parent company. To do so will incur a premium tax and penalties that are payable by the subsidiary. 

A broker licensed and domiciled in Canada will make sure that your client complies with all insurance regulations so that the policy will respond when required. A Canadian Entertainment Insurance Broker will also ensure that the premiums qualify for any applicable tax credits.

This article explains the law well and in detail l and that the CRA (the equivalent of your IRS) is being stricter about enforcing it- https://www.canadianunderwriter.ca/features/excise-tax-extends-its-reach/.

At Front Row, we would be happy to assist you insure your subsidiaries in Canada.

Please contact David Hamilton:  604-684-3456 or e-mail david@frontrowinsurance.com

Topics: Film Insurance, Entertainment Insurance, Film insurance broker, Film Producer's E&O Insurance, directors & officers insurance, Documentary Insurance, film insurance premium, DICE Insurance, Film Production Companies, US Film insurance broker