Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2015-08-04 and last amended on 2015-06-23. Previous Versions

Provisions Applicable to both Performers and Sound Recording Makers

Marginal note:Right to remuneration — Canada
  •  (1) If a sound recording has been published, the performer and maker are entitled, subject to subsection 20(1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission.

  • Marginal note:Right to remuneration — Rome Convention country

    (1.1) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.1) and (2), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for

    • (a) a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a), if the person entitled to the equitable remuneration is entitled to the right referred to in those paragraphs for that communication; and

    • (b) any retransmission.

  • Marginal note:Right to remuneration — WPPT country

    (1.2) If a sound recording has been published, the performer and maker are entitled, subject to subsections 20(1.2) and (2.1), to be paid equitable remuneration for its performance in public or its communication to the public by telecommunication, except for a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) and any retransmission.

  • Marginal note:Royalties

    (2) For the purpose of providing the remuneration mentioned in this section, 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 performer.

  • Marginal note: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 aggregate fifty per cent.

  • R.S., 1985, c. C-42, s. 19;
  • 1994, c. 47, s. 59;
  • 1997, c. 24, s. 14;
  • 2012, c. 20, s. 12.
Marginal note:Deemed publication — Canada

 Despite subsection 2.2(1), a sound recording that has been made available to the public by telecommunication in a way that allows a member of the public to access it from a place and at a time individually chosen by that member of the public, or that has been communicated to the public by telecommunication in that way, is deemed to have been published for the purposes of subsection 19(1).

  • 2012, c. 20, s. 13.