PART II

COPYRIGHT IN PERFORMER'S PERFORMANCES, SOUND RECORDINGS AND COMMUNICATION SIGNALS

PERFORMERS' RIGHTS

Copyright in performer's performance

15. (1) Subject to subsection (2), a perform er has a copyright in the performer's perfor mance, consisting of the sole right to do the following in relation to the performer's per formance or any substantial part thereof:

    (a) if it is not fixed,

      (i) to communicate it to the public by telecommunication,

      (ii) to perform it in public, where it is communicated to the public by telecom munication otherwise than by commu nication signal, and

      (iii) to fix it in any material form,

    (b) if it is fixed,

      (i) to reproduce any fixation that was made without the performer's authoriza tion,

      (ii) where the performer authorized a fixation, to reproduce any reproduction of that fixation, if the reproduction being reproduced was made for a purpose other than that for which the performer's authorization was given, and

      (iii) where a fixation was permitted under Part III or VIII, to reproduce any repro duction of that fixation, if the reproduc tion being reproduced was made for a purpose other than one permitted under Part III or VIII, and

    (c) to rent out a sound recording of it,

and to authorize any such acts.

Conditions

(2) Subsection (1) applies only if the performer's performance

    (a) takes place in Canada or in a Rome Convention country;

    (b) is fixed in

      (i) a sound recording whose maker, at the time of the first fixation,

        (A) if a natural person, was a Canadian citizen or permanent resident of Cana da within the meaning of the Immigra tion Act, or a citizen or permanent resident of a Rome Convention coun try, or

        (B) if a corporation, had its headquar ters in Canada or in a Rome Conven tion country, or

      (ii) a sound recording whose first publi cation in such a quantity as to satisfy the reasonable demands of the public oc curred in Canada or in a Rome Conven tion country; or

    (c) is transmitted at the time of the perform er's performance by a communication sig nal broadcast from Canada or a Rome Convention country by a broadcaster that has its headquarters in the country of broadcast.

Publication

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

Contractual arrangements

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

Cinemato-
graphic 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 perfor mance when embodied in that cinematograph ic work , the copyright referred to in subsec tion 15(1).

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, perfor mance in public or communication to the public by telecommunication of the cinemato graphic work, the performer may enforce that right against

    (a) the other party to the agreement or, if that party assigns the agreement, the assign ee, and

    (b) any other person who

      (i) owns the copyright in the cinemato graphic work governing the reproduction of the cinematographic work, its perfor mance in public or its communication to the public by telecommunication, and

      (ii) reproduces the cinematographic work, performs it in public or communi cates it to the public by telecommunica tion,

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

Application of subsection (2)

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

Exception

(4) 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 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 the Agreement or are Canadian citizens or permanent residents within the meaning of the Immigration Act and whose performer's per formances are embodied in works other than the prescribed cinematographic works re ferred to in subsection (3) .

RIGHTS OF SOUND RECORDING MAKERS

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.

Conditions for copyright

(2) Subsection (1) applies only if

    (a) the maker of the sound recording was a Canadian citizen or permanent resident of Canada within the meaning of the Immigra tion 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 coun tries,

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

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

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

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.

PROVISIONS APPLICABLE TO BOTH PERFORMERS AND SOUND RECORDING MAKERS

Right to remuneration

19. (1) Where a sound recording has been published, the performer and maker are en titled, subject to section 20, to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for any retrans mission.

Royalties

(2) For the purpose of providing the remu neration mentioned in subsection (1), 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 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 per former.

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 aggre gate fifty per cent.

Conditions

20. (1) The right to remuneration conferred by section 19 applies only if

    (a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident of Canada within the meaning of the Immigration Act, or a citizen or perma nent resident of a Rome Convention coun try, or, if a corporation, had its headquarters in one of the foregoing countries; or

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

Exception

(2) Notwithstanding subsection (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 section 19, for the perfor mance 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 of Canada within the meaning of the Immigration 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.

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 section 19 to performers or makers who are nationals of that country and whose sound recordings embody dramatic or literary works.

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.

RIGHTS OF BROADCASTERS

Copyright in communica-
tion signals

21. (1) Subject to subsection (2), a broad caster 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 communica tion signal, to perform it in a place open to the public on payment of an entrance fee,

and to authorize any act described in para graph (a), (b) or (d).

Conditions for copyright

(2) Subsection (1) applies only if the broadcaster

    (a) at the time of the broadcast, had its headquarters in Canada, in a country that is a WTO Member or in a Rome Convention country; and

    (b) broadcasts the communication signal from that country.

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 men tioned 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.

RECIPROCITY

Reciprocity

22. (1) Where the Minister is of the opinion that a country other than a Rome Convention 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 resi dents of Canada within the meaning of the Im migration 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.

Reciprocity

(2) Where the Minister is of the opinion that a country other than a Rome Convention 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 resi dents of Canada within the meaning of the Im migration 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 those benefits to performers, makers of sound recordings or broadcasters that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration 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.

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 cov ered 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.

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).