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

Marginal note:Japan and Singapore

• 2 (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.

• 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 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.

• 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.

• (4) [Repealed, SOR/2020-82, s. 1]

• (5) [Repealed, SOR/2020-82, s. 1]

• (6) [Repealed, SOR/2020-82, s. 1]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.