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

SOR/2014-181 COPYRIGHT ACT

Registration 2014-07-14

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

Whereas the Minister of Industry is of the opinion that the Rome Convention or WPPT countries referred to in the annexed Statement do not grant a right of remuneration, similar in scope and duration to that provided by subsections 19(1.1) and (1.2) of the Copyright Act , for the performance in public or the communication to the public by telecommunication of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or was a corporation that had its headquarters in Canada;

S.C. 2012, c. 20, s. 12(1) S.C. 2012, c. 20, s. 12(2) R.S., c. C-42 S.C. 2001, c. 27

Therefore, the Minister of Industry, pursuant to subsections 20(2) and (2.1) of the Copyright Act , makes the annexed Statement Limiting the Right to Equitable Remuneration of Certain Rome Convention or WPPT Countries.

S.C. 2012, c. 20, s. 15(3) S.C. 2012, c. 20, s. 15(4)

Ottawa, June 30, 2014

JAMES MOORE Minister of Industry

Limitations Bolivia and Lesotho

1 A right to equitable remuneration applies only for a duration of 20 years to the performance in public or 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 Bolivia or Lesotho or was a corporation that had its headquarters in either of those countries.

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.

Exception — broadcasts and background music

a b c

d

a

b

c

d

e f c

e

f

(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.

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.

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.

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.

Exception — first fixation before February 15, 1972

(6) A right to equitable remuneration does not apply 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 the United States or was a corporation that had its headquarters in that country, if its first fixation was before February 15, 1972 and the sound recording was first published in

(a) the United States;

(b) a treaty country other than the United States and subsequently published within 30 days in the United States; or

(c) a country other than a treaty country.

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.

Lebanon

3 A right to equitable remuneration applies only to the performance in public of a sound recording whose maker, at the date of its first fixation, was a citizen or permanent resident of Lebanon or was a corporation that had its headquarters in that country.

Vietnam

4 In the case of a sound recording whose maker, at the date of its first fixation, was a citizen or permanent resident of Vietnam or was a corporation that had its headquarters in that country, a right to equitable remuneration does not apply to the performance of the sound recording in public as part of a non-commercial activity.

Barbados, Cabo Verde, Congo and Monaco

5 A right to equitable remuneration does not apply to the performance in public or 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 Barbados, Cabo Verde, Congo or Monaco or was a corporation that had its headquarters in any of those countries.

People’s Republic of China

6 (1) Subject to subsections (2) and (3), a right to equitable remuneration does not apply to a sound recording whose maker, at the date of its first fixation, was a citizen or permanent resident of the People’s Republic of China or was a corporation that had its headquarters in that country.

Macao

(2) The performer of a sound recording whose maker, at the date of its first fixation, was a permanent resident of the Macao Special Administrative Region of the People’s Republic of China or was a corporation that had its headquarters in the Macao Special Administrative Region of the People’s Republic of China is entitled to be paid equitable remuneration in respect of the sound recording.

Hong Kong

(3) The maker of a sound recording who, at the date of its first fixation, was a permanent resident of the Hong Kong Special Administrative Region of the People’s Republic of China or was a corporation that had its headquarters in the Hong Kong Special Administrative Region of the People’s Republic of China is entitled to be paid equitable remuneration in respect of the sound recording.

Costa Rica

7 (1) In the case of a sound recording whose maker, at the date of its first fixation, was a citizen or permanent resident of Costa Rica or was a corporation that had its headquarters in that country, 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 performance of the sound recording in public as part of a non-commercial activity.

Application of par. (1)(a)

(2) For greater certainty, paragraph (1)(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.

Repeal 8 [Repeal]

Coming into Force Publication or coming into force of WPPT

9 This Statement comes into force on the later of the day on which it is published in the Canada Gazette, Part II and the day on which the WIPO Performances and Phonograms Treaty (WPPT), adopted in Geneva on December 20, 1996, comes into force for Canada. [Note: Statement in force August 13, 2014.]

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