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.
- R.S., 1985, c. C-42, s. 16;
- 1994, c. 47, s. 59;
- 1997, c. 24, s. 14.
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.
(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 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).
- R.S., 1985, c. C-42, s. 17;
- 1994, c. 47, s. 59;
- 1997, c. 24, s. 14;
- 2001, c. 27, s. 236.
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.
- 2012, c. 20, s. 10.
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