- Copyright Act
- PERFORMERS’ RIGHTS
- COMPENSATION FOR RESTORATION OF COPYRIGHT OR MORAL RIGHTS
- IMPORTATION OF COPIES. FIXATIONS AND REPRODUCTIONS
- COMPENSATION FOR RESTORATION OF COPYRIGHT OR PERFORMER’S RIGHT
- Fertilizers Act
- Food and Drugs Act
- Industrial Design Act
- HER MAJESTY
- Patent Act
- Pest Control Products Act
World Trade Organization Agreement Implementation Act Schedules II to IV
Copyright Act
R.S.C C-42
1993. c. 44. . 53(2)
56. (1) The definitions “infringing” and “performance” in section 2 of the Copyright Act are replaced by the following:
“infringing”
“infringing” means
(a) when applied to a copy of a work in which copyright subsists, any copy, including any colourable imitation, made or imported in contravention of this Act or
(b) when applied to a fixation of a performer’s performance in respect of which a performer’s right subsists, or to a reproduction of such a fixation, any fixation or reproduction made or imported in contravention of this Act;
“performance”
“performance” means any acoustic representation of a work or any visual representation of a dramatic work, including a representation made by means of any mechanical instrument, radio receiving set or television receiving set, but this definition does not apply in the expression “performer’s performance” or in the definition of that expression:
1993. c. 44. 53(3)
(2) The definition “pays partie à la Convention” in section 2 of the French version of the Act is replaced by the following:
Convention
« pays partie à la Convention de Berne » Pays partie à la Convention pour la protection des oeuvres liuéraires et artistiques, conclue à Berne le 9 septembre 1886, ou à l’une de ses versions révisées, notamment celle de l’Acte de Paris de 1971.
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
“performer’s performance” means
(a) a live performance of a pre-existing artistic work, pre-existing dramatic work or pre-existing musical work, or a live recitation of a pre-existing literary work, whether or not the work was previously fixed in any material form, and whether or not the work’s term of copyright protection under this Act has expired.
(b) a live reading of a pre-existing literary work, whether or not the work’s term of copyright protection under this Act has expired, or
(c) a live improvisation of an artistic work, dramatic work, musical work or literary work, whether or not the improvised work is based on a pre-existing work,
but the references to artistic works in paragraphs (a) and (c) shall be read as applicable only in relation to the performer’s sole right conferred by paragraph 14.01(1)(c) and the performer’s sole right to authorize acts described in paragraph 14.01(1)(c) ;
treaty country
“treaty country” means a Berne Convention country, UCC country or WTO Member;
“UCC country”
“UCC country” means a country that is a party to the Universal Copyright Convention, adopted on September 6, 1952 in Geneva, Switzerland, or to that Convention as revised in Paris, France on July 24, 1971;
“WTO Member”
“WTO Member” means a Member of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act.
(4) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« artiste interprète » Tout artiste interprète ou exécutant.
1993. c. 44. 57(1)
57. (1) Subsections 5(1) and (1.1) of the Act are replaced by the following:
Conditions for of copyright
5. (1) Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work if any one of the following conditions is met:
(a) in the case of any work, whether published or unpublished, including a cinematograph, the author was, at the date of the making of the work,
(i) a British subject.
(ii) a citizen or subject of, or a person ordinarily resident in, a treaty country, or
(iii) a resident within Her Majesty’s Realms and Territories;
(b) in the case of a cinematograph, whether published or unpublished, the maker, at the date of the making of the cinematograph.
(i) if a corporation, had its headquarters in a treaty country, or
(ii) if a natural person, was
(A) a British subject,
(B) a citizen or subject of, or a person ordinarily resident in, a treaty country, or
(C) a resident within Her Majesty’s Realms and Territories; or
(c) in the case of a published work, including a cinematograph,
(i) in relation to paragraph 4(1)(a), the first publication in such a quantity as to satisfy the reasonable demands of the public, having regard to the nature of the work, occurred within Her Majesty’s Realms and Territories or in a treaty country, or
(ii) in relation to paragraph 4(1)(b) or (c), the first publication occurred within Her Majesty’s Realms and Territories or in a treaty country.
Protection for older works
(1.01) For the purposes of subsection (1) , a country that becomes a Berne Convention country or a WTO Member after the date of the making or publication of a work shall, as of becoming a Berne Convention country or WTO Member, as the case may be, be deemed to have been a Berne Convention country or WTO Member at the date of the making or publication of the work, subject to subsection (1.02) and section 29 .
Limitation
(1.02) Subsection (1.01) does not confer copyright protection in Canada on a work whose term of copyright protection in the country referred to in that subsection had expired before that country became a Berne Convention country or WTO Member, as the case may be.
First publication
(1.1) The first publication described in subparagraph (1)(c)(i) or (ii) shall be deemed to have occurred within Her Majesty’s Realms and Territories or in a treaty country notwithstanding that it in fact occurred previously elsewhere, if the interval between those two publications did not exceed thirty days or such longer period as may be fixed by order in council.
1993. c. 15. 2. c. 44. 57(1)
(2) Subsections 5(2) and (2.1) of the Act are replaced by the following:
Minister may extend copyright to other countries
(2) Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a treaty country grants or has undertaken to grant, either by treaty, convention, agreement or law, to citizens of Canada, the benefit of copyright on substantially the same basis as to its own citizens or copyright protection substantially equal to that conferred by this Act, the country shall, for the purpose of the rights conferred by this Act, be treated as if it were a country to which this Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works, under the law of such country, differ from those in this Act.
1993. c. 44. 57(2)
(3) Subsection 5(7) of the Act is replaced by the following:
protection
(7) For greater certainty, the protection to which a work is entitled by virtue of a notice published under subsection (2) , or under that subsection as it read at any time before the coming into force of this subsection, is not affected by reason only of the country in question becoming a treaty country.
58. The Act is amended by adding the following after section 14 :
PERFORMERS’ RIGHTS
Performer’s rights
14.01 (1) Where a performer’s performance takes place in a country that is a WTO Member, on or after the later of the day on which this section comes into force and the day on which that country becomes a WTO Member, the performer has the sole right
(a) to fix the performer’s performance, or any substantial part thereof, by means of a record, perforated roll or other contrivance by means of which sounds may be mechanically reproduced,
(b) to reproduce
(i) the fixation described in paragraph (a) , or any substantial part thereof, and
(ii) any reproduction of that fixation, or any substantial part of such reproduction,
where that fixation was made without the performer’s consent, and
(c) to communicate the performer’s performance, or any substantial part thereof, to the public by telecommunication at the time of the performer’s performance.
and to authorize any such acts.
(2) For the purpose of paragraph (1)(c) , persons who occupy apartments, hotel rooms or dwelling units situated in the same building are part of the public and a communication intended to be received exclusively by such persons is a communication to the public.
Restriction
(3) For the purpose of paragraph (1)(c) , a person whose only act in respect of the communication of a performer’s performance to the public consists of providing the means of telecommunication necessary for another person to so communicate the performer’s performance does not communicate that performer’s performance to the public.
Performer’s rights
(4) Where a performer’s performance took place in a country before the later of the day on which this section comes into force and the day on which that country becomes a WTO Member, the performer has, commencing on the later of those two days, the sole right described in paragraph (1)(b) and the sole right to authorize any such act.
Terms 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.
Assignments of right by performer
(6) Subsections 13(4) and 14(3) apply in respect of a performer’s right conferred by this Act, in the same way that they apply in respect of assignment of copyright and grants of interests in copyright by licence.
(7) No assignment of a performer’s right conferred by this Act, and no grant of an interest in such a right by licence, affects the right of the performer
(a