Copyright Act

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.

• 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

  • (a) in respect of nationals of a country mentioned in that statement, as if they were citizens of Canada or, in the case of corporations, had their headquarters in Canada; and

  • (b) as if the fixations made for the purpose of their sound recordings had been made in Canada.