Copyright Act (R.S.C., 1985, c. C-42)

Reciprocity

Marginal note:Reciprocity

• 22 (1) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country grants or has undertaken to grant

  • (a) to performers and to makers of sound recordings, or

  • (b) to broadcasters

  that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

  • (c) grant the benefits conferred by this Part

    • (i) to performers and to makers of sound recordings, or

    • (ii) to broadcasters

    as the case may be, that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, and

  • (d) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

• Marginal note:Reciprocity

  (2) If the Minister is of the opinion that a country other than a Rome Convention country or a WPPT country neither grants nor has undertaken to grant

  • (a) to performers, and to makers of sound recordings, or

  • (b) to broadcasters

  that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by this Part, the Minister may, by a statement published in the Canada Gazette,

  • (c) grant the benefits conferred by this Part to performers, makers of sound recordings or broadcasters that are citizens, subjects or permanent residents of or, if corporations, have their headquarters in that country, as the case may be, to the extent that that country grants that those benefits to performers, makers of sound recordings or broadcasters that are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if corporations, have their headquarters in Canada, and

  • (d) declare that that country shall, as regards those benefits, be treated as if it were a country to which this Part extends.

• Marginal note:Application of Act

  (3) Any provision of this Act that the Minister specifies in a statement referred to in subsection (1) or (2)

  • (a) applies in respect of performers, makers of sound recordings or broadcasters covered by that statement, as if they were citizens of or, if corporations, had their headquarters in Canada; and

  • (b) applies in respect of a country covered by that statement, as if that country were Canada.

• Marginal note:Application of Act

  (4) Subject to any exceptions that the Minister may specify in a statement referred to in subsection (1) or (2), the other provisions of this Act also apply in the way described in subsection (3).

Term of Rights

Marginal note:Term of copyright — performer’s performance

• 23 (1) Subject to this Act, copyright in a performer’s performance subsists until the end of 50 years after the end of the calendar year in which the performance occurs. However,

  • (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 50 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and

  • (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.

• Marginal note:Term of copyright — sound recording

  (1.1) Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.

• Marginal note:Term of copyright — communication signal

  (1.2) Subject to this Act, copyright in a communication signal subsists until the end of 50 years after the end of the calendar year in which the communication signal is broadcast.

• Marginal note:Term of right to remuneration

  (2) The rights to remuneration conferred on performers and makers by section 19 have the same terms, respectively, as those provided by subsections (1) and (1.1).

• Marginal note:Application of subsections (1) to (2)

  (3) Subsections (1) to (2) apply whether the fixation, performance or broadcast occurred before or after the coming into force of this section.

• Marginal note:Berne Convention countries, Rome Convention countries, WTO Members

  (4) Where the performer’s performance, sound recording or communication signal meets the requirements set out in section 15, 18 or 21, as the case may be, a country that becomes a Berne Convention country, a Rome Convention country or a WTO Member after the date of the fixation, performance or broadcast is, as of becoming a Berne Convention country, Rome Convention country or WTO Member, as the case may be, deemed to have been such at the date of the fixation, performance or broadcast.

• Marginal note:Where term of protection expired

  (5) Subsection (4) does not confer any protection in Canada where the term of protection in the country referred to in that subsection had expired before that country became a Berne Convention country, Rome Convention country or WTO Member, as the case may be.

Ownership of Copyright

Marginal note:Ownership of copyright

24 The first owner of the copyright

• (a) in a performer’s performance, is the performer;

• (b) in a sound recording, is the maker; or

• (c) in a communication signal, is the broadcaster that broadcasts it.

Marginal note:Assignment of rights

25 Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of the rights conferred by this Part on performers, makers of sound recordings and broadcasters.

Performers’ Rights — WTO Countries

Marginal note:Performer’s performance in WTO country

• 26 (1) Where a performer’s performance takes place on or after January 1, 1996 in a country that is a WTO Member, the performer has, as of the date of the performer’s performance, a copyright in the performer’s performance, consisting of the sole right to do the following in relation to the performer’s performance or any substantial part thereof:

  • (a) if it is not fixed, to communicate it to the public by telecommunication and to fix it in a sound recording, and

  • (b) if it has been fixed in a sound recording without the performer’s authorization, to reproduce the fixation or any substantial part thereof,

  and to authorize any such acts.

• Marginal note:Where country joins WTO after Jan. 1, 1996

  (2) Where a performer’s performance takes place on or after January 1, 1996 in a country that becomes a WTO Member after the date of the performer’s performance, the performer has the copyright described in subsection (1) as of the date the country becomes a WTO Member.

• Marginal note:Performer’s performances before Jan. 1, 1996

  (3) Where a performer’s performance takes place before January 1, 1996 in a country that is a WTO Member, the performer has, as of January 1, 1996, the sole right to do and to authorize the act described in paragraph (1)(b).

• Marginal note:Where country joins WTO after Jan. 1, 1996

  (4) Where a performer’s performance takes place before January 1, 1996 in a country that becomes a WTO Member on or after January 1, 1996, the performer has the right described in subsection (3) as of the date the country becomes a WTO Member.

• Marginal note:Term of performer’s rights

  (5) The rights conferred by this section subsist for the remainder of the calendar year in which the performer’s performance takes place and a period of fifty years following the end of that calendar year.

• Marginal note:Assignment of rights

  (6) Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of a performer’s rights conferred by this section.

• Marginal note:Limitation

  (7) Notwithstanding an assignment of a performer’s right conferred by this section, the performer, as well as the assignee, may

  • (a) prevent the reproduction of

    • (i) any fixation of the performer’s performance, or

    • (ii) any substantial part of such a fixation,

    where the fixation was made without the performer’s consent or the assignee’s consent; and

  • (b) prevent the importation of any fixation of the performer’s performance, or any reproduction of such a fixation, that the importer knows or ought to have known was made without the performer’s consent or the assignee’s consent.