The total volume of film and television production in Canada reached $12.19 billion in the 2022/23 season, and the film and television production market in Canada grew at a compound annual rate of 5.8% between 2019 and 2024. At DOBRMAN, we provide practical legal counsel to independent filmmakers, actors, production companies, film studios, screenwriters, distributors, and documentary filmmakers in Alberta and across Canada.
Film and television is built on intellectual property. Every film and television production — whether a feature film, a documentary, a television series, or a streaming special — is a protected work under Canadian copyright law, and the intellectual property embedded in a film and television production encompasses the screenplay, the score, the performances, the visual elements, and the finished production itself. Film and television productions that do not clearly establish IP ownership from the outset — through properly documented agreements with every contributor — create the conditions for costly and disruptive ownership disputes that can threaten the commercial value of the entire project.
Film and television contracts govern every relationship. The film and television industry operates through a dense network of contracts — production agreements, co-production agreements, screenplay agreements, talent and crew agreements, distribution agreements, licensing agreements, and film and television financing arrangements. Film and television contracts define the rights, obligations, and revenue entitlements of every party involved in a production, and poorly structured film and television agreements are among the most common sources of legal disputes in the Canadian industry.
Publicity rights govern the use of real people in film and television. In Canada, individuals have legal protections over the commercial use of their name, image, likeness, and voice — rights that are particularly relevant in the film and television context where real people are frequently depicted, portrayed, or referenced. Obtaining appropriate releases and clearances from real individuals depicted in a film and television production is a fundamental legal obligation for film makers in Canada.
Canadian content rules shape the film and television landscape. The Canadian Radio-television and Telecommunications Commission (CRTC) administers Canadian content requirements that apply to film and television productions distributed through Canadian broadcasting undertakings. Film and television productions that qualify as Canadian content may be eligible for federal and provincial tax incentives and government funding programs — including those administered through Telefilm Canada and the Canada Media Fund — but accessing these programs requires compliance with detailed eligibility criteria and ongoing reporting obligations.
The Online Streaming Act reshapes the film and television landscape. Canada's Online Streaming Act, which received Royal Assent in 2023, modernizes the Broadcasting Act to include online streaming platforms — including major film and television streaming services — within the Canadian broadcasting regulatory framework. The Online Streaming Act has significant implications for how Canadian film and television content is promoted, funded, and monetized on global streaming platforms, and film and television businesses that distribute content through online platforms need to understand how this legislation affects their operations.
Copyright Act, RSC 1985, c C-42 — Canada's primary federal legislation governing the protection, licensing, and enforcement of copyright in film and television works, including screenplays, scores, performances, and finished productions.
Trademarks Act, RSC 1985, c T-13 — Governs the registration and protection of film and television production company names, production titles used as brand identifiers, and other commercial identifiers used by film and television businesses in commerce.
Broadcasting Act, SC 1991, c 11 — Canada's federal broadcasting legislation, as amended by the Online Streaming Act, governing Canadian content requirements, CRTC licensing obligations, and the regulation of online streaming platforms that distribute film and television content.
Defamation Act, RSA 2000, c D-7 — Alberta's provincial defamation legislation, relevant to film and television productions that make statements about real individuals or organizations.
Employment Standards Code, RSA 2000, c E-9 — Establishes minimum employment standards in Alberta, relevant to film and television production companies engaging cast, crew, and production contractors in the province.
Business Corporations Act, RSA 2000, c B-9 — Governs the incorporation and governance of Alberta corporations, relevant to film and television production companies, distribution companies, and film and television financing vehicles structuring their operations.
Film and television IP ownership disputes. Disputes over who owns the intellectual property in a film and television production — including the screenplay, the finished production, and the underlying rights — are a frequent and consequential legal issue in the industry. Film and television IP ownership disputes are particularly common in collaborative productions where multiple contributors have provided creative input without clearly documented agreements addressing ownership and assignment.
Film and television contract and distribution disputes. Disagreements over the terms of a film and television distribution agreement — including the scope of distribution rights granted, the calculation and payment of distribution proceeds, and the right to terminate the agreement — are a growing area of legal conflict in the Canadian film and television industry as distribution models evolve across theatrical, streaming, and digital formats.
Film and television financing disputes. Film and television productions that involve multiple financing partners — including government funding programs, private investors, and broadcaster pre-sales — are frequently the subject of disputes over budget overruns, creative control, revenue distribution, and the allocation of rights in the finished production. Film and television financing agreements that do not clearly address these issues are a common source of legal conflict in the Canadian industry.
Rights clearance failures. Film and television productions that fail to clear the necessary rights in third-party content — including music, archival footage, and literary adaptations — before distribution can face infringement claims from rights holders and be prevented from distributing the production through major platforms and broadcasters. Rights clearance disputes are a preventable but persistent legal issue in Canadian film and television production.
Defamation in film and television. Film and television productions that make statements about real individuals or organizations carry a risk of defamation claims under Canadian law if those statements are false and damaging to reputation. Filmmakers and television producers need to understand the legal boundaries of what can be depicted in a film and television production about real people and the defenses available under Canadian defamation law.
What does a film and television lawyer do? A film and television lawyer assists filmmakers, production companies, distributors, and film and television industry professionals with the legal aspects of developing, producing, financing, and distributing film and television productions — including screenplay agreements, production and co-production agreements, talent and crew contracts, film and television financing arrangements, distribution agreements, rights clearance, and Canadian content compliance. At DOBRMAN, our film and television law practice serves independent filmmakers, actors, production companies, film studios, screenwriters, distributors, and documentary filmmakers in Alberta and across Canada.
What is the Alberta Film and Television Tax Credit? The Alberta Film and Television Tax Credit (FTTC) is a cornerstone of the province's film and television production incentive framework, and the corporate and legal structure of a film and television production has a direct impact on whether — and at what rate — the FTTC can be accessed. The FTTC provides a refundable tax credit on eligible costs for Alberta-owned productions. Film and television productions that are improperly structured — including those that fail to meet the corporate registration, budget, or principal photography requirements — may be ineligible for the FTTC entirely. Legal structuring advice is an important part of any film and television production financing strategy in Alberta.
What government funding programs are available for film and television productions in Canada? Canadian film and television productions can access a range of federal and provincial funding programs — including Telefilm Canada, which provides financing for Canadian feature films and co-productions, and the Canada Media Fund, which supports the development and production of Canadian television and digital content. Alberta-based film and television productions may also be eligible for funding through the Alberta Media Fund. Each funding program has its own eligibility criteria, application process, and compliance obligations — and accessing multiple funding sources simultaneously requires careful legal and administrative coordination.
Does DOBRMAN work with independent filmmakers and small film and television production companies? Yes. DOBRMAN provides film and television law services to filmmakers and film and television businesses of all sizes — from independent filmmakers producing their first feature to established production companies and distributors requiring ongoing legal support — with transparent, fixed-fee pricing designed to make quality film and television legal services accessible.
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