Copyright Act

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:Conditions for copyright

  (2) Subsection (1) applies only if

  • (a) the maker of the sound recording was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or a citizen or permanent resident of a Berne Convention country, a Rome Convention country or a country that is a WTO Member, or, if a corporation, had its headquarters in one of the foregoing countries,

    • (i) at the date of the first fixation, or

    • (ii) if that first fixation was extended over a considerable period, during any substantial part of that period; or

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

• 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.