Copyright Modernization Act (S.C. 2012, c. 20)
Full Document:
Assented to 2012-06-29
11. (1) Section 18 of the Act is amended by adding the following after subsection (1):
Marginal note:Copyright in sound recordings
(1.1) Subject to subsections (2.1) and (2.2), a sound recording maker’s copyright in the sound recording also includes the sole right to do the following acts in relation to the sound recording or any substantial part of it and to authorize any of those acts:
(a) to make it available to the public by telecommunication in a way that allows a member of the public to have access to it from a place and at a time individually chosen by that member of the public and to communicate it to the public by telecommunication in that way; and
(b) if it is in the form of a tangible object, to sell or otherwise transfer ownership of the tangible object, as long as that ownership has never previously been transferred in or outside Canada with the authorization of the owner of the copyright in the sound recording.
Marginal note:1997, c. 24, s. 14; 2001, c. 27, s. 237
(2) Subsection 18(2) of the Act is replaced by the following:
Marginal note:Conditions for copyright
(2) Subsection (1) applies only if
(a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording
(i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,
(ii) was a citizen or permanent resident of a Berne Convention country, a Rome Convention country, a WPPT country or a country that is a WTO Member, or
(iii) had its headquarters in one of those countries, in the case of a corporation; or
(b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in any country referred to in paragraph (a).
(3) Section 18 of the Act is amended by adding the following after subsection (2):
Marginal note:Conditions for copyright
(2.1) Subsection (1.1) applies if
(a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording
(i) was a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or
(ii) had its headquarters in Canada, in the case of a corporation; or
(b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in Canada.
(4) Section 18 of the Act is amended by adding the following before subsection (3):
Marginal note:Conditions for copyright
(2.2) Subsection (1.1) also applies if
(a) at the time of the first fixation or, if that first fixation was extended over a considerable period, during any substantial part of that period, the maker of the sound recording
(i) was a citizen or permanent resident of a WPPT country, or
(ii) had its headquarters in a WPPT country, in the case of a corporation; or
(b) the first publication of the sound recording in a quantity sufficient to satisfy the reasonable demands of the public occurred in a WPPT country.
(5) Section 18 of the Act is amended by adding the following after subsection (3):
Marginal note:Publication
(4) The first publication of a sound recording is deemed to have occurred in a WPPT country, despite an earlier publication elsewhere, if the interval between the publication in that WPPT country and the earlier publication does not exceed 30 days.
Marginal note:1997, c. 24, s. 14
12. (1) Subsection 19(1) of the Act is replaced by the following:
Marginal note:Right to remuneration — Canada
19. (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.
(2) Section 19 of the Act is amended by adding the following before subsection (2):
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:1997, c. 24, s. 14
(3) The portion of subsection 19(2) of the English version of the Act before paragraph (a) is replaced by the following:
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
13. The Act is amended by adding the following after section 19:
Marginal note:Deemed publication — Canada
19.1 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).
14. The Act is amended by adding the following before section 20:
Marginal note:Deemed publication — WPPT country
19.2 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(1.2).
Marginal note:1997, c. 24, s. 14; 2001, c. 27, s. 238(1)
15. (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Conditions — Canada
20. (1) The right to remuneration conferred by subsection 19(1) applies only if
(a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada; or
(b) all the fixations done for the sound recording occurred in Canada.
Marginal note:Conditions — Rome Convention country
(1.1) The right to remuneration conferred by subsection 19(1.1) applies only if
(a) the maker was, at the date of the first fixation, a citizen or permanent resident of a Rome Convention country or, if a corporation, had its headquarters in a Rome Convention country; or
(b) all the fixations done for the sound recording occurred in a Rome Convention country.
(2) Section 20 of the Act is amended by adding the following before subsection (2):
Marginal note:Conditions — WPPT country
(1.2) The right to remuneration conferred by subsection 19(1.2) applies only if
(a) the maker was, at the date of the first fixation, a citizen or permanent resident of a WPPT country or, if a corporation, had its headquarters in a WPPT country; or
(b) all the fixations done for the sound recording occurred in a WPPT country.
Marginal note:2001, c. 27, s. 238(2)
(3) Subsection 20(2) of the Act is replaced by the following:
Marginal note:Exception — Rome Convention country
(2) Despite subsection (1.1), 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 subsection 19(1.1), for the performance 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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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.
(4) Section 20 of the Act is amended by adding the following after subsection (2):
Marginal note:Exception — WPPT country
(2.1) Despite subsection (1.2), if the Minister is of the opinion that a WPPT country does not grant a right to remuneration, similar in scope and duration to that provided by subsection 19(1.2), for the performance 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 within the meaning of subsection 2(1) of the Immigration and Refugee Protection 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.
Marginal note:1997, c. 24, s. 14
(5) Subsection 20(3) of the Act is replaced by the following:
Marginal note: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 subsection 19(1.1) to performers or makers who are nationals of that country and whose sound recordings embody dramatic or literary works.
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