Marginal note:Conditions
20 (1) The right to remuneration conferred by section 19 applies only if
(a) the maker was, at the date of the first fixation, a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or a citizen or permanent resident of a Rome Convention country, or, if a corporation, had its headquarters in one of the foregoing countries; or
(b) all the fixations done for the sound recording occurred in Canada or in a Rome Convention country.
Marginal note:Exception
(2) Notwithstanding subsection (1), if the Minister is of the opinion that a Rome Convention country does not grant a right to remuneration, similar in scope and duration to that provided by section 19, for the performance in public or the communication to the public of a sound recording whose maker, at the date of its first fixation, was a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or, if a corporation, had its headquarters in Canada, the Minister may, by a statement published in the Canada Gazette, limit the scope and duration of the protection for sound recordings whose first fixation is done by a maker who is a citizen or permanent resident of that country or, if a corporation, has its headquarters in that country.
Marginal note:Exception
(3) 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 right to remuneration conferred by section 19 to performers or makers who are nationals of that country and whose sound recordings embody dramatic or literary works.
Marginal note:Application of section 19
(4) Where a statement is published under subsection (3), section 19 applies
(a) in respect of nationals of a country mentioned in that statement, as if they were citizens of Canada or, in the case of corporations, had their headquarters in Canada; and
(b) as if the fixations made for the purpose of their sound recordings had been made in Canada.
- R.S., 1985, c. C-42, s. 20
- 1994, c. 47, s. 59
- 1997, c. 24, s. 14
- 2001, c. 27, s. 238
- Date modified: