Copyright Act (R.S.C., 1985, c. C-42)

Marginal note:Contractual arrangements

16 Nothing in section 15 prevents the performer from entering into a contract governing the use of the performer’s performance for the purpose of broadcasting, fixation or retransmission.

Marginal note:Cinematographic works

• 17 (1) Where the performer authorizes the embodiment of the performer’s performance in a cinematographic work, the performer may no longer exercise, in relation to the performance where embodied in that cinematographic work, the copyright referred to in subsection 15(1).

• Marginal note:Right to remuneration

  (2) Where there is an agreement governing the embodiment referred to in subsection (1) and that agreement provides for a right to remuneration for the reproduction, performance in public or communication to the public by telecommunication of the cinematographic work, the performer may enforce that right against

  • (a) the other party to the agreement or, if that party assigns the agreement, the assignee, and

  • (b) any other person who

    • (i) owns the copyright in the cinematographic work governing the reproduction of the cinematographic work, its performance in public or its communication to the public by telecommunication, and

    • (ii) reproduces the cinematographic work, performs it in public or communicates it to the public by telecommunication,

  and persons referred to in paragraphs (a) and (b) are jointly and severally liable to the performer in respect of the remuneration relating to that copyright.

• Marginal note:Application of subsection (2)

  (3) Subsection (2) applies only if the performer’s performance is embodied in a prescribed cinematographic work.

• Marginal note:Exception

  (4) If so requested by a country that is a party to the Canada–United States–Mexico Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to that Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).

Moral Rights

Marginal note:Moral rights

• 17.1 (1) In the cases referred to in subsections 15(2.1) and (2.2), a performer of a live aural performance or a performance fixed in a sound recording has, subject to subsection 28.2(1), the right to the integrity of the performance, and — in connection with an act mentioned in subsection 15(1.1) or one for which the performer has a right to remuneration under section 19 — the right, if it is reasonable in the circumstances, to be associated with the performance as its performer by name or under a pseudonym and the right to remain anonymous.

• Marginal note:No assignment of moral rights

  (2) Moral rights may not be assigned but may be waived in whole or in part.

• Marginal note:No waiver by assignment

  (3) An assignment of copyright in a performer’s performance does not by itself constitute a waiver of any moral rights.

• Marginal note:Effect of waiver

  (4) If a waiver of any moral right is made in favour of an owner or a licensee of a copyright, it may be invoked by any person authorized by the owner or licensee to use the performer’s performance, unless there is an indication to the contrary in the waiver.

Marginal note:Application and term

• 17.2 (1) Subsection 17.1(1) applies only in respect of a performer’s performance that occurs after the coming into force of that subsection. The moral rights subsist for the same term as the copyright in that performer’s performance.

• Marginal note:Succession

  (2) The moral rights in respect of a performer’s performance pass, on the performer’s death, to

  • (a) the person to whom those rights are specifically bequeathed;

  • (b) if there is not a specific bequest of those moral rights and the performer dies testate in respect of the copyright in the performer’s performance, the person to whom that copyright is bequeathed; or

  • (c) if there is not a person as described in paragraph (a) or (b), the person entitled to any other property in respect of which the performer dies intestate.

• Marginal note:Subsequent succession

  (3) Subsection (2) applies, with any modifications that the circumstances require, on the death of any person who holds moral rights.

Rights of Sound Recording Makers

Marginal note:Copyright in sound recordings

• 18 (1) Subject to subsection (2), the maker of a sound recording has a copyright in the sound recording, consisting of the sole right to do the following in relation to the sound recording or any substantial part thereof:

  • (a) to publish it for the first time,

  • (b) to reproduce it in any material form, and

  • (c) to rent it out,

  and to authorize any such acts.

• Marginal note:Copyright in sound recordings

  (1.1) Subject to subsections (2.1) and (2.2), a sound recording maker’s copyright in the sound recording also includes the sole right to do the following acts in relation to the sound recording or any substantial part of it and to authorize any of those acts:

  • (a) to make it available to the public by telecommunication in a way that allows a member of the public to have access to it from a place and at a time individually chosen by that member of the public and to communicate it to the public by telecommunication in that way; and

  • (b) if it is in the form of a tangible object, to sell or otherwise transfer ownership of the tangible object, as long as that ownership has never previously been transferred in or outside Canada with the authorization of the owner of the copyright in the sound recording.

• Marginal note:Conditions for copyright

  (2) Subsection (1) applies only if

  • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

    • (i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,

    • (ii) was a citizen or permanent resident of a Berne Convention country, a Rome Convention country, a WPPT country or a country that is a WTO Member, or

    • (iii) had its headquarters in one of those countries, in the case of a corporation; or

  • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in any country referred to in paragraph (a).

• Marginal note:Conditions for copyright

  (2.1) Subsection (1.1) applies if

  • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

    • (i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (ii) had its headquarters in Canada, in the case of a corporation; or

  • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in Canada.

• Marginal note:Conditions for copyright

  (2.2) Subsection (1.1) also applies if

  • (a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording

    • (i) was a citizen or permanent resident of a WPPT country, or

    • (ii) had its headquarters in a WPPT country, in the case of a corporation; or

  • (b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in a WPPT country.

• Marginal note:Publication

  (3) The first publication is deemed to have occurred in a country referred to in paragraph (2)(a) notwithstanding that it in fact occurred previously elsewhere, if the interval between those two publications does not exceed thirty days.

• Marginal note:Publication

  (4) The first publication of a sound recording is deemed to have occurred in a WPPT country, despite an earlier publication elsewhere, if the interval between the publication in that WPPT country and the earlier publication does not exceed 30 days.

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

  • (a) a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a), if the person entitled to the equitable remuneration is entitled to the right referred to in those paragraphs for that communication; and

  • (b) any retransmission.

• 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

  • (a) in the case of a sound recording of a musical work, to the collective society authorized under Part VII.1 to collect them; or

  • (b) in the case of a sound recording of a literary work or dramatic work, to either the maker of the sound recording or the performer.

• Marginal note:Division of royalties

  (3) The royalties, once paid pursuant to paragraph (2)(a) or (b), shall be divided so that

  • (a) the performer or performers receive in aggregate fifty per cent; and

  • (b) the maker or makers receive in aggregate fifty per cent.

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).

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).

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

  • (a) the maker was, at the date of the first fixation, a citizen or permanent resident of a Rome Convention country or, if a corporation, had its headquarters in a Rome Convention country; or

  • (b) all the fixations done for the sound recording occurred in a Rome Convention country.

• Marginal note:Conditions — WPPT country

  (1.2) The right to remuneration conferred by subsection 19(1.2) applies only if

  • (a) the maker was, at the date of the first fixation, a citizen or permanent resident of a WPPT country or, if a corporation, had its headquarters in a WPPT country; or

  • (b) all the fixations done for the sound recording occurred in a WPPT country.

• 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.

• (3) [Repealed, 2020, c. 1, s. 28]

• (4) [Repealed, 2020, c. 1, s. 28]