Statement Limiting the Right to Equitable Remuneration of Certain Rome Convention or WPPT Countries

Marginal note:Japan, Singapore and United States

• 2 (1) Subject to subsections (2), (6) and (7), a right to equitable remuneration applies only to the communication to the public by telecommunication of a sound recording whose maker, at the date of its first fixation, was a citizen or permanent resident of Japan, Singapore or the United States or was a corporation that had its headquarters in any of those countries.

• Marginal note:Exception — broadcasts and background music

  (2) In the case of a sound recording whose maker, at the date of its first fixation, was a citizen or permanent resident of Singapore or the United States or was a corporation that had its headquarters in either of those countries, a right to equitable remuneration does not apply to

  • (a) a broadcast that is lawful under the Broadcasting Act, by a terrestrial radio station, of a signal that carries the sound recording for reception that is free and does not require a subscription; or

  • (b) the communication to the public by telecommunication of the sound recording to a business for performance as background music on its premises in the ordinary course of its business.

• Marginal note:Application of par. (2)(a)

  (3) For greater certainty, paragraph (2)(a) does not apply to broadcasts

  • (a) through the Internet;

  • (b) by satellite; or

  • (c) by point-to-point technology that are received by way of mobile devices.

• Marginal note:Background music — United States

  (4) Despite paragraph (2)(b), a right to equitable remuneration does apply to the communication referred to in that paragraph if the maker of the sound recording, at the date of its first fixation, was a citizen or permanent resident of the United States or was a corporation that had its headquarters in that country and if, within any three-hour period in which sound recordings are communicated as background music on a single channel or stream,

  • (a) three or more other sound recordings from an album that contains the sound recording are also communicated;

  • (b) two or more other sound recordings from an album that contains the sound recording are communicated consecutively with the sound recording;

  • (c) four or more other sound recordings by the performer of the sound recording are also communicated, and the performer is a featured artist in each of the sound recordings;

  • (d) four or more other sound recordings from a set of albums that has been lawfully distributed for sale as a unit and that contains the sound recording are also communicated;

  • (e) three or more other sound recordings by the performer of the sound recording are communicated consecutively with the sound recording, and the performer is a featured artist in each of the sound recordings; or

  • (f) three or more other sound recordings from a set of albums that has been lawfully distributed for sale as a unit and that contains the sound recording are communicated consecutively with the sound recording.

• Marginal note:Album

  (5) For the purposes of subsection (4), an album is a compilation of sound recordings that has been published or otherwise made available to the public.

• (6) [Repealed, SOR/2020-82, s. 1]

• Marginal note:Exception — non-interactive Internet transmission

  (7) In the case of a sound recording that has not been published but is deemed to have been published under section 19.2 of the Copyright Act and whose maker, at the date of its first fixation, was a citizen or permanent resident of Japan or was a corporation that had its headquarters in that country, a right to equitable remuneration applies only to the communication of the sound recording to the public by non-interactive Internet transmission.