The legal considerations of branded entertainment in
Canada
Before engaging in branded entertainment, there are a few things
you're going to have to figure out. First, it is essential to
know the difference between "advertising" and
"entertainment."
The line between the two may be blurring in some respects, and
even legally it can often be hard to define, but the distinction
can carry major consequences. Second (and related), you are also
going to have to figure out if your show, even if produced in
Canada, qualifies as Canadian content.
The branded advertainment content segment is booming. Think of
Recipe To Riches, for example, where entrants compete for the
opportunity to have their recipe selected by Loblaw to become a
President's Choice product. Projects like this are often the
result of a complex partnership between advertisers, producers and
broadcasters and come with additional legal and regulatory hurdles
compared to other productions.
