Copyright Act

Marginal note:Cinematographic works

• 17 (1) Where the performer authorizes the embodiment of the performer’s performance in a cinematographic work, the performer may no longer exercise, in relation to the performance where embodied in that cinematographic work, the copyright referred to in subsection 15(1).

• Marginal note:Right to remuneration

  (2) Where there is an agreement governing the embodiment referred to in subsection (1) and that agreement provides for a right to remuneration for the reproduction, performance in public or communication to the public by telecommunication of the cinematographic work, the performer may enforce that right against

  • (a) the other party to the agreement or, if that party assigns the agreement, the assignee, and

  • (b) any other person who

    • (i) owns the copyright in the cinematographic work governing the reproduction of the cinematographic work, its performance in public or its communication to the public by telecommunication, and

    • (ii) reproduces the cinematographic work, performs it in public or communicates it to the public by telecommunication,

  and persons referred to in paragraphs (a) and (b) are jointly and severally liable to the performer in respect of the remuneration relating to that copyright.

• Marginal note:Application of subsection (2)

  (3) Subsection (2) applies only if the performer’s performance is embodied in a prescribed cinematographic work.

• Marginal note:Exception

  (4) If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).