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

Contents

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;^note^note^note^noteTherefore, 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.^note^noteOttawa, June 30, 2014

Limitations

1Bolivia and Lesotho#

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.

2Japan and Singapore#

(1)Subject to subsections (2) 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 or Singapore or was a corporation that had its headquarters in either of those countries.

(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 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 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.

(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.

(4)[Repealed, SOR/2020-82, s. 1] (repealed)

(5)[Repealed, SOR/2020-82, s. 1] (repealed)

(6)[Repealed, SOR/2020-82, s. 1] (repealed)

(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.

^note

3Lebanon#

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.

4Vietnam#

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.

5Barbados, Cabo Verde, Congo and Monaco#

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.

6People’s Republic of China#

(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.

(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.

(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.

7Costa Rica#

(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

(b)the performance of the sound recording in public as part of a non-commercial activity.

(2)For greater certainty, paragraph (1)(a) does not apply to broadcasts