TVO is both a registered charitable non-profit organization, and a crown corporation, but it only receives about a third of its funding from the province. The rest of its budget is comprised primarily of donations and self-generated revenue. Though most of TVO’s education, broadcasting, and philanthropy teams operate within their own spheres, each strives to produce cutting edge digital educational courses, educational content, and community engagement initiatives, to develop self-generated revenue which is subsequently reinvested in TVO.

Working closely with two in-house counsel lawyers and a team of business affairs officers, I was called upon to perform research and offer advice on a variety of projects. For me, the greatest value in this internship was the breadth of experience I received from not only advising on copyright and trademark matters, but also from plunging headfirst into a diverse variety of development projects from the various working groups within TVO. I was called upon to provide input on everything from; researching SOCAN fees for TVO’s YouTube channels, advising on lease agreements, drafting copyright clearance extensions for content offered through the Independent Learning Center (TVO’s distance education branch), creating PowerPoint presentations explaining how Privacy legislation and Accessibility legislation affect TVO’s business operations, and everything in between.

For example, when I began my placement in September, TVO had just unveiled its brand new, innovative math based educational tool; mPower. This educational tool is helping educators make a profound impact in their ability to engage students by building fundamental knowledge of math concepts through an immersive video game virtual world. Some of my responsibilities for this project included providing feedback on copyright clearance questions regarding the outsourcing of voice over content in the game, to fielding concerns from the IT department regarding the applicability of Ontario’s new accessibility laws for public service organizations, and whether this legislation would affect TVO’s ability to promote mPower. It was very satisfying for me to help advise on this project that was having such a positive impact in children’s educational development.

This isn’t to say that I wasn’t involved in a substantial amount of IP work either, quite the contrary. Although I was supporting in-house counsel’s oversight of the business operations affecting TVO at large (which required a rapid grasp of many legal concepts fairly quickly – a challenging and exciting dilemma), much of my time at TVO was spent dealing with IP issues. These included reviewing copyright license agreements, negotiating TVO’s website and YouTube streaming rights for broadcast acquisitions, and providing research and advice on a pressing trademark dispute, which was by far the most exciting IP issue I engaged with.

Though TVO’s brand maintains a widely respected reputation as being extremely above board, this does not mean that TVO won’t vigorously defend their official marks if they are being infringed. This dispute provided me an exciting opportunity to look closely at section 9 of the Trade-Marks Act, which outlines the unique protection awarded official marks in Canada. Through my research I was able to provide in-depth advice on how the adoption and use analysis for official marks differs from trademarks, and provide context regarding recent judicial trends addressing this distinction with greater scrutiny. I was also tasked with creating a first draft of a statement of claim for infringement of this official mark. Working to help resolve this issue was certainly one of the highlights of my internship, as my input formed part of the first line of attack, so to speak, taking the lead on the initial legal research and argumentation to support TVO’s position.

In the end this internship provided me incredible insight into what it takes to succeed as in-house legal counsel to a public broadcaster. My time at TVO gave me an array of practical skills that I would have never gleaned from a classroom. Being immersed in TVO’s culture of ‘Never Stop Learning’ is without a doubt the guiding paradigm that helped me get the most from my placement, and will continue to inspire me as I develop my legal career.

Dan Cook is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience

The post IP Intensive: Going the Distance (In Education) - Expanding my Legal Skills through a Semester at TVO appeared first on IPOsgoode.

I began my internship at TVOntario with no idea what was going on in meetings where everyone speaks in acronyms and abbreviations. It took about a hundred questions and google searches before I understood a single conversation. Once I began climbing my way up the learning curve, I gained a fascinating view of the Canadian broadcasting industry, from the vantage points of both legal issues and business interests. Due to the generosity and expertise of the lawyers, contract officers and development team at TVO, I gained a working understanding of:

• who the players are in the television industry
• how a Canadian broadcaster interacts with the regulatory scheme and
• what is involved in the day-to-day of getting Canadian content on the air.

My interest in the Intellectual Property Intensive sprouted from the excitement with which program alumni spoke about their placements. Students poured out recommendations of the program based on fulfilling practical experiences at CBC, Canadian Heritage, The Globe & Mail and others; but for me, the most intriguing partner with IP Osgoode was TVO.  In my application and interview for the IP Intensive, I articulated my desire to work with the broadcaster of children’s television, documentaries and current affairs programming. And the coordinators granted my request.

As an intern in TVO’s legal services and business affairs office, I worked directly with the in-house lawyers, contract officers and the development team. Everyone in the office was eager to make my experience an enriching one. They shared files, answered questions and pointed me towards resources to help me gain an understanding of their jobs and the issues they tackle. The Canadian broadcasting industry is governed by a detailed regulatory scheme, and every project that TVO acquires, makes or co-produces has to fit into that regulatory scheme.

Running a Canadian television station is a multi-tiered math problem, and the legal counsel works closely with the contract officers and development team to make sure that TVO:

• meets the minimums of Canadian content imposed by the Canadian Radio-television Commission (CRTC),
• budgets and produces within the guidelines of its Canadian Media Fund envelope, and
• creates content that educates and inspires the public, according to its mandate.

By doing assignments to assist not only the in-house lawyers but also the acquisition and co-production team, I was fortunate to try my hand in a wide range of legal areas. Not only did I work with issues of intellectual property, specifically copyright, but I also dealt with corporate/commercial, entertainment, piracy and even property law.

As a Crown agency, TVO is subject to further government regulations that do not apply to private broadcasters. That provided an opportunity for me to get involved with areas of law to which I would not otherwise have exposure, for instance corporate governance.

In this placement, I was able to capitalize on the research, drafting and negotiation skills that I learned in the classroom. My supervisors placed a level of trust in me that gave a strong sense of the value of my work. Every assignment had a clear, visible application to keeping TVO running, improving its efficiency and producing or acquiring quality content. Moreover, my supervisors accepted my recommendations and communicated them to other departments or industry collaborators. It was a very affirming way to begin a career in IP, entertainment and corporate law.

This internship provided a great environment for hands-on learning and a wonderful foray into the legal issues of the Canadian broadcasting industry. I encourage any students considering the IP Intensive to reflect on their professional backgrounds and interests, read up on all the placements and make a clear request in their applications. The better students know themselves, where their interests lie and where they want to go professionally, the more likely they will be able to maximize the opportunities that IP Osgoode provides.

Roselyn Kelada-Sedra is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post IP Intensive: A Semester at TVOntario appeared first on IPOsgoode.