Copyright Act (R.S.C., 1985, c. C-42)
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Act current to 2017-03-20 and last amended on 2016-06-22. Previous Versions
Provisions Applicable to both Performers and Sound Recording Makers
Marginal note:Right to remuneration — Canada
19 (1) If a sound recording has been published, the performer and maker are entitled, subject to subsection 20(1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission.
Marginal note:Right to remuneration — Rome Convention country
(1.1) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.1) and (2), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for
Marginal note:Right to remuneration — WPPT country
(1.2) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.2) and (2.1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission.
Marginal note:Royalties
(2) For the purpose of providing the remuneration mentioned in this section, a person who performs a published sound recording in public or communicates it to the public by telecommunication is liable to pay royalties
Marginal note:Division of royalties
(3) The royalties, once paid pursuant to paragraph (2)(a) or (b), shall be divided so that
- R.S., 1985, c. C-42, s. 19;
- 1994, c. 47, s. 59;
- 1997, c. 24, s. 14;
- 2012, c. 20, s. 12.
Marginal note:Deemed publication — Canada
19.1 Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public to access it from a place and at a time individually chosen by that member of the public, or that has been communicated to the public by telecommunication in that way, is deemed to have been published for the purposes of subsection 19(1).
- 2012, c. 20, s. 13.
Marginal note:Deemed publication — WPPT country
19.2 Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public to access it from a place and at a time individually chosen by that member of the public, or that has been communicated to the public by telecommunication in that way, is deemed to have been published for the purposes of subsection 19(1.2).
- 2012, c. 20, s. 14.
Marginal note:Conditions — Canada
20 (1) The right to remuneration conferred by subsection 19(1) applies only if
(a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada; or
(b) all the fixations done for the sound recording occurred in Canada.
Marginal note:Conditions — Rome Convention country
(1.1) The right to remuneration conferred by subsection 19(1.1) applies only if
Marginal note:Conditions — WPPT country
(1.2) The right to remuneration conferred by subsection 19(1.2) applies only if
Marginal note:Exception — Rome Convention country
(2) Despite subsection (1.1), if the Minister is of the opinion that a Rome Convention country does not grant a right to remuneration, similar in scope and duration to that provided by subsection 19(1.1), for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette, limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country.
Marginal note:Exception — WPPT country
(2.1) Despite subsection (1.2), if the Minister is of the opinion that a WPPT country does not grant a right to remuneration, similar in scope and duration to that provided by subsection 19(1.2), for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette, limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country.
Marginal note:Exception
(3) If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the right to remuneration conferred by subsection 19(1.1) to performers or makers who are nationals of that country and whose sound recordings embody dramatic or literary works.
Marginal note:Application of section 19
(4) Where a statement is published under subsection (3), section 19 applies
- R.S., 1985, c. C-42, s. 20;
- 1994, c. 47, s. 59;
- 1997, c. 24, s. 14;
- 2001, c. 27, s. 238;
- 2012, c. 20, s. 15.
Rights of Broadcasters
Marginal note:Copyright in communication signals
21 (1) Subject to subsection (2), a broadcaster has a copyright in the communication signals that it broadcasts, consisting of the sole right to do the following in relation to the communication signal or any substantial part thereof:
(a) to fix it,
(b) to reproduce any fixation of it that was made without the broadcaster’s consent,
(c) to authorize another broadcaster to retransmit it to the public simultaneously with its broadcast, and
(d) in the case of a television communication signal, to perform it in a place open to the public on payment of an entrance fee,
and to authorize any act described in paragraph (a), (b) or (d).
Marginal note:Conditions for copyright
(2) Subsection (1) applies only if the broadcaster
Marginal note:Exception
(3) Notwithstanding subsection (2), if the Minister is of the opinion that a Rome Convention country or a country that is a WTO Member does not grant the right mentioned in paragraph (1)(d), the Minister may, by a statement published in the Canada Gazette, declare that broadcasters that have their headquarters in that country are not entitled to that right.
- R.S., 1985, c. C-42, s. 21;
- 1994, c. 47, s. 59;
- 1997, c. 24, s. 14.
- Date modified: