Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2014-09-01 and last amended on 2012-11-07. Previous Versions

Marginal note:Assignment of rights

 Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of the rights conferred by this Part on performers, makers of sound recordings and broadcasters.

  • R.S., 1985, c. C-42, s. 25;
  • 1993, c. 44, s. 62;
  • 1994, c. 47, s. 59;
  • 1997, c. 24, s. 14.

Performers’ Rights — WTO Countries

Marginal note:Performer’s performance in WTO country
  •  (1) Where a performer’s performance takes place on or after January 1, 1996 in a country that is a WTO Member, the performer has, as of the date of the performer’s performance, a copyright in the performer’s performance, consisting of the sole right to do the following in relation to the performer’s performance or any substantial part thereof:

    • (a) if it is not fixed, to communicate it to the public by telecommunication and to fix it in a sound recording, and

    • (b) if it has been fixed in a sound recording without the performer’s authorization, to reproduce the fixation or any substantial part thereof,

    and to authorize any such acts.

  • Marginal note:Where country joins WTO after Jan. 1, 1996

    (2) Where a performer’s performance takes place on or after January 1, 1996 in a country that becomes a WTO Member after the date of the performer’s performance, the performer has the copyright described in subsection (1) as of the date the country becomes a WTO Member.

  • Marginal note:Performer’s performances before Jan. 1, 1996

    (3) Where a performer’s performance takes place before January 1, 1996 in a country that is a WTO Member, the performer has, as of January 1, 1996, the sole right to do and to authorize the act described in paragraph (1)(b).

  • Marginal note:Where country joins WTO after Jan. 1, 1996

    (4) Where a performer’s performance takes place before January 1, 1996 in a country that becomes a WTO Member on or after January 1, 1996, the performer has the right described in subsection (3) as of the date the country becomes a WTO Member.

  • Marginal note:Term of performer’s rights

    (5) The rights conferred by this section subsist for the remainder of the calendar year in which the performer’s performance takes place and a period of fifty years following the end of that calendar year.

  • Marginal note:Assignment of rights

    (6) Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of a performer’s rights conferred by this section.

  • Marginal note:Limitation

    (7) Notwithstanding an assignment of a performer’s right conferred by this section, the performer, as well as the assignee, may

    • (a) prevent the reproduction of

      • (i) any fixation of the performer’s performance, or

      • (ii) any substantial part of such a fixation,

      where the fixation was made without the performer’s consent or the assignee’s consent; and

    • (b) prevent the importation of any fixation of the performer’s performance, or any reproduction of such a fixation, that the importer knows or ought to have known was made without the performer’s consent or the assignee’s consent.

  • R.S., 1985, c. C-42, s. 26;
  • R.S., 1985, c. 10 (4th Supp.), s. 17(F);
  • 1993, c. 44, s. 63;
  • 1994, c. 47, s. 59;
  • 1997, c. 24, s. 14.