Copyright Act

Marginal note:Term of rights

• 23 (1) Subject to this Act, the rights conferred by sections 15, 18 and 21 terminate fifty years after the end of the calendar year in which

  • (a) in the case of a performer’s performance,

    • (i) its first fixation in a sound recording, or

    • (ii) its performance, if it is not fixed in a sound recording,

    occurred;

  • (b) in the case of a sound recording, the first fixation occurred; or

  • (c) in the case of a communication signal, it was broadcast.

• Marginal note:Term of right to remuneration

  (2) The rights to remuneration conferred on performers and makers by section 19 have the same terms, respectively, as those provided by paragraphs (1)(a) and (b).

• Marginal note:Application of subsections (1) and (2)

  (3) Subsections (1) and (2) apply whether the fixation, performance or broadcast occurred before or after the coming into force of this Part.

• Marginal note:Berne Convention countries, Rome Convention countries, WTO Members

  (4) Where the performer’s performance, sound recording or communication signal meets the requirements set out in section 15, 18 or 21, as the case may be, a country that becomes a Berne Convention country, a Rome Convention country or a WTO Member after the date of the fixation, performance or broadcast is, as of becoming a Berne Convention country, Rome Convention country or WTO Member, as the case may be, deemed to have been such at the date of the fixation, performance or broadcast.

• Marginal note:Where term of protection expired

  (5) Subsection (4) does not confer any protection in Canada where the term of protection in the country referred to in that subsection had expired before that country became a Berne Convention country, Rome Convention country or WTO Member, as the case may be.