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DOC National Fair Dealing Road Show Announces Dates

Congratulations to everyone on the FlashPoint [1] team for the U.S. syndication deal. FlashPoint is the uncontested favourite crime drama in our house, and apparently there is more news coming soon from the producers. Yesterday there was a teaser put out on Twitter that this news is something Canucks fans will like.

FlashPoint-Canucks [2]

I’m very keen to find out what it could be – the team gets taken hostage by an angry fan? A former Canuck makes his acting debut? How to drive a Gemini crazy – say you have news, then don’t say what it is. 😉

Documentary Organization of Canada [3]The Documentary Organization of Canada [4] is taking its National Fair Dealing Road Show again in 2011. The first stop is coming up in Toronto in January, followed by Ottawa in February, Edmonton and Vancouver in March. The cross-Canada event is a comprehensive effort to educate the documentary community, foster dialogue and identify common positions, or points of contention, around the issue of Fair Dealing and documentary filmmaking.

A little known exclusion to the Copyright Act, Fair Dealing allows for free use of otherwise copyrighted material under certain conditions. For example, some visual archives in a documentary with clear critical purposes could possibly invoke the Fair Dealing exclusion and be exempt from having to obtain clearances.

But how many of us know or understand this finer point of law and when to apply it? More often than not, producers are counseled by their risk-averse lawyers, sometimes at great and unnecessary cost to their clients, to “clear everything all the time.” This can be so costly as to inhibit the production or release of certain documentary films altogether. Whether filmmakers, producers, lawyers or insurance brokers, Fair Dealing and its advantages remain obscure to many of us and underutilized in general.

The National Fair Dealing Road Show aims to introduce potential users to DOC?s Copyright and Fair Dealing – Guidelines for Documentary Filmmakers [5] (PDF), published in May 2010. Filmmakers are encouraged to share their experiences with copyright and to engage on case studies presented for discussion. Lawyers, visual researchers, insurance brokers and broadcasters are invited to take part in the conversation. This is an exercise in building community-based consensus on best practices where panelists and members of the audience discuss copyright myths and argue whether a particular use of copyrightprotected material would meet the Fair Dealing exclusion or not.

Given that copyright law is a federal responsibility, it is necessary to cast this as a national event to gather as many views as possible and present the federal government with a nation-wide consensus, where possible. It is DOC’s experience that the realities of production vary greatly from region to region yet the benefits to the industry from this initiative will accrue nation-wide.

The Road Show plans the following pit stops where local and invited experts will lead panel discussions:

January 27 – Ryerson University – Eaton Theatre – 80 Gould Street, Rogers Communication Centre, Rm 204
February 12 – Halifax – TBA
February 16 – Ottawa – TBA
March 1 – Edmonton – TBA
March 2 – Vancouver – TBA

Panel details and venue information will be listed on the DOC site [4] as it becomes available.

CIX [6]The Canadian Innovation Exchange [6] (CIX) is pleased to present the Canadian Technology Accelerator [7], a one-of-a-kind opportunity for three emerging Canadian companies working in Information Communication Technology or Digital Media to get unparalleled access to the tech community in Silicon Valley. In partnership with the Department of Foreign Affairs and International Trade of Canada and the Consulate General in San Francisco, selected companies will be given the opportunity to spend three months beginning in June, 2011 working rent-free in the Plug and Play Tech Center (PnP) in Sunnyvale, CA. Selected companies will also receive one complimentary registration to CIX 2011, taking place December 2011 in Toronto.

To submit a company profile to be considered for the CIX Canadian Technology Accelerator, you need an account [7]. Once your account is created, you can log in as necessary to revise your submission(s). The deadline for entries into the CIX Accelerator Program is Friday, March 11, 2011, with recipients to be announced early-April.

social media breakfast edmonton [8]The second instalment of the social media networking event, the Edmonton Social Media Breakfast [8] (SMBYEG), will be held on Friday, January 28 at 8:00 a.m. at the CBC Centre Stage. Based on the overwhelming success of thirteen Calgary Social Media Breakfasts, McQ Design Strategies is pleased to organize this second Edmonton event.

This month’s speaker will be Mike Spear who presents regularly at conferences around North America on such varied issues as social media, science communications, and genetic testing. He’ll bring his social media, science communication and extensive media background to bear on the two solitudes that seem to exist between mainstream media and social media. He feels that the two camps often live in their own bubbles and forget that they need each other to be successful.

Seating is limited and fills up quickly so hurry to book your place [8], as only those with advanced reservations will be permitted to attend. Stay after the discussion to network and share ideas within the realm of social media. Marketers, PR pros, entrepreneurs, bloggers, podcasters, new-media fanatics, and online social networkers are all welcome to attend.

[9]Amazon.com, Inc. is extending the 70 percent royalty option [10] to include books sold to Canadian customers through the Kindle Digital Text Platform, which will soon be known as Kindle Direct Publishing. This new option will allow authors and publishers around the world to receive a 70% royalty, net of delivery costs, for books sold to Canadian customers via the Kindle Store for Kindle, Kindle 3G, Kindle DX, or one of the Kindle apps for iPad, iPhone, iPod touch, BlackBerry, PC, Mac, Windows Phones and Android-based devices. Kindle Direct Publishing [10] is a fast and easy self-publishing tool that lets anyone upload and publish their books for sale in the Kindle Store [11].

National Post [12]The National Post [12], on the heels of its successful launch on iPad, is proud to announce its second offering, the Financial Post Magazine App [13], is available now on the App Store with IBM as the financial post app [14]exclusive launch advertiser.The first edition of the Financial Post Magazine for iPad is highlighted by the annual “Canada’s Outstanding CEO of the Year” feature.

“The content and design of the Financial Post Magazine App was a natural fit for the functionality and interactivity of iPad,” said National Post Publisher Douglas Kelly. “We received positive feedback for our first National Post App and our audience clearly wanted the innovation to keep coming.”

The Financial Post Magazine App takes full advantage of iPad’s large, high-resolution display and innovative Multi Touch interface, delivering an enhanced reading experience with exclusive embedded multimedia content including video, photo galleries and timelines. The app also includes Financial Post’s award-winning editorial content and features.

destiny media [15]Vancouver’s Destiny Media Technologies, Inc. [16], developer of the Play MPE® system [17] has released an update in its lawsuit against Toronto-based Yangaroo [18], John Heaven and Clifford Hunt filed May 4, 2007. Destiny had claimed CDN$25,000,000 in damages for defamation and injurious falsehood, breaches of the Trademarks Act and Competition Act, and interfering with Destiny’s economic interests. Yangaroo had filed a counterclaim with similar allegations against Destiny Media and Destiny’s CEO, Steve Vestergaard.

Destiny filed a motion to have the counterclaim dismissed in its entirety as frivolous and the motion was heard in court on October 28th, 2010. On Jan. 20, 2011, Mr. Justice Stanley Kershman announced his verdict. Summary judgment was granted in favour of Destiny in respect of the torts of injurious falsehood and interference with economic relations. Additionally, summary judgment was granted in respect of all claims brought against Mr. Vestergaard in his personal capacity.

The judge also added that, in his view, many of the statements made by Destiny that Yangaroo counterclaimed for were clearly either not defamatory or were justified based upon the evidence filed in the motion. He names a number of statements in his ruling that cannot be fairly characterized as “false or misleading” citing statements that Destiny’s system predates Yangaroo’s patent and that MPE does not have the essential features necessary to infringe on Yangaroo’s patent.

Destiny CEO, Steve Vestergaard reflects on the lawsuit win, “We are pleased that after looking at the evidence, the judge was able to dismiss so much of Yangaroo’s counterclaim. This is the second major decision in our favor in our ongoing dispute with this regional competitor. In June 2010, Destiny successfully won a fast track motion to dismiss a frivolous patent infringement case.”

Destiny’s $25 million claim against Yangaroo remains unchanged and will proceed to trial.