Following up on a story we discussed earlier this year (Turmel v CBC (Dragons’ Den) – Enforceability of Depiction Releases), the Supreme Court of Canada has denied leave to appeal to the plaintiff in the case of Turmel v CBC (Dragon’s Den) (trial decision here: 2011 ONSC 2400; court of appeal decision here: 2011 ONCA 519). That caps what is an important decision for Canadian entertainment lawyers, as it confirms the enforceability of signed “depiction releases”, particularly the enforceability of clauses which waive any right to sue for depictions which might be “disparaging, defamatory, embarrassing or of an otherwise unfavourable nature which may expose me to public ridicule, humiliation or condemnation”.
About Bob Tarantino
Bob Tarantino is Counsel at Dentons Canada LLP and focuses his practice on the interface between the entertainment industries and intellectual property law, with an emphasis on film and television production, financing, licensing, distribution, and IP acquisition and protection. His clients range from artists and independent producers to Canadian distributors and foreign studios and financiers at every stage of the creative process, from development to delivery and exploitation.