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Terms of Trade | Canadian Media Producers Association

Business Affairs & Production Tools

Terms of Trade

 

What are Terms of Trade?

Terms of Trade are a means of restoring some measure of balance in negotiating power between independent producers and media conglomerates, by establishing minimum commercial terms for development and broadcast licence agreements.

 

What is the Role of the Canadian Media Producers Association (CMPA)?

In order to ensure the adoption of Terms of Trade agreements with specific, meaningful and enforceable terms, it is critical that each broadcaster negotiate its own Terms of Trade agreement with the CMPA.

 

What are the Current Terms?

The CMPA has successfully negotiated, on behalf of its members and the entire Canadian independent production sector, a Terms of Trade agreement that came into effect June 1, 2011. This is a historic deal that will redefine the relationship between producers and broadcasters.

The agreement has been signed between the CMPA and Astral, Bell Media (CTV), Corus, Rogers and Shaw Media. Canadian producers and broadcasters are required to adhere to Terms of Trade - it applies to all independently produced projects developed and commissioned by these private broadcast groups.

The deal applies to the entire life cycle of a show - from first pitch, through to development, production and broadcast on all platforms. Key areas covered by the deal include

  • Development and Evaluation
  • Licensing Conditions
  • Editorial Control
  • Licence Term
  • Rights
  • Equity
  • Super Licence Fees
  • Producer Tax Credits
  • Timeframe and Administration

The agreement came into force as of June 1, 2011 with the exception of certain parts related to the financing of programs, which came into force as of August 1, 2011. Please see section 13 for specifics relating to the timing of implementation of the various elements of the agreement.

Click here for a copy of the Terms of Trade agreement. It is noted that while Corus signed a separate Terms of Trade agreement, it contains no substantive differences from the agreement signed with the other broadcasters.

Click here to see CMPA's Terms of Trade press release (April 4, 2011)

 

NOTICE:

The Terms of Trade agreements between the CMPA and Bell Media, Corus Entertainment and Rogers Media expired on August 31, 2017.  

Terms of Trade continues to apply to agreements entered into with these broadcasters before September 1, 2017.   However, going forward you can expect that these broadcasters will be presenting new deal terms that will be significantly less beneficial and less equitable to producers than they were under Terms of Trade.     The Terms of Trade agreement remains a model framework for how producers may approach their dealings with these broadcasters.       

 

 


Contact Us

 

Erin Finlay Email Erin Finlay

Chief Legal Officer

1-647-789-2492 / 1-800-267-8208 x233

 

Marcia Douglas Email Marcia Douglas

Director, Business Affairs & Digital Initiatives

1-416-304-0286 / 1-800-267-8208 x250