Copyright Act (R.S.C., 1985, c. C-42)

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.