عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد التمويل الأصول غير الملموسة المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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Statement Limiting the Right to Equitable Remuneration of Certain Rome Convention or WPPT Countries (SOR/2014-181)، كندا

عودة للخلف
أحدث إصدار في ويبو لِكس
التفاصيل التفاصيل سنة الإصدار 2019 تواريخ بدء النفاذ : 13 أغسطس 2014 الاعتماد : 14 يوليو 2014 نوع النص اللوائح التنفيذية الموضوع حق المؤلف والحقوق المجاورة ملاحظات The notification by Canada to the WTO under Article 63.2 of TRIPS states:
'The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) provide authors, performers and producers of sound recordings with a full range of rights and protections so they can take advantage of the many opportunities presented by the digital world and the global marketplace. Ratification ensures that Canadian creators are paid when their copyrighted material is used in other countries that have also ratified the treaties, such as when their music is played over the radio or on digital music services.'

Section 9 of this Statement states that it entered into force on the later day on which it is published in Part II of the Canada Gazette or the day on which the WIPO Performances and Phonograms Treaty (WPPT), adopted in Geneva on December 20, 1996, entered into force for Canada, which is on August 13, 2014.

المواد المتاحة

النصوص الرئيسية النصوص ذات الصلة
النصوص الرئيسية النصوص الرئيسية بالإنكليزية Statement Limiting the Right to Equitable Remuneration of Certain Rome Convention or WPPT Countries (SOR/2014-181)         بالفرنسية Déclaration limitant le droit à la rémunération équitable de certains pays de la Convention de Rome ou du WPPT (DORS/2014-181)        


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

SOR/2014-181 COPYRIGHT ACT

Registration 2014-07-14

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

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;

S.C. 2012, c. 20, s. 12(1) S.C. 2012, c. 20, s. 12(2) R.S., c. C-42 S.C. 2001, c. 27

Therefore, 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.

S.C. 2012, c. 20, s. 15(3) S.C. 2012, c. 20, s. 15(4)

Ottawa, June 30, 2014

JAMES MOORE Minister of Industry

Limitations Bolivia and Lesotho

1 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.

Japan, Singapore and United States

2 (1) Subject to subsections (2), (6) 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, Singapore or the United States or was a corporation that had its headquarters in any of those countries.

Exception — broadcasts and background music

a b c

d

a

b

c

d

e f c

e

f

(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 the United States or was a corporation that had its headquarters in either of those countries, 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.

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.

Background music — United States

(4) Despite paragraph (2)(b), a right to equitable remuneration does apply to the communication referred to in that paragraph if the maker of the sound recording, at the date of its first fixation, was a citizen or permanent resident of the United States or was a corporation that had its headquarters in that country and if, within any three-hour period in which sound recordings are communicated as background music on a single channel or stream,

(a) three or more other sound recordings from an album that contains the sound recording are also communicated;

(b) two or more other sound recordings from an album that contains the sound recording are communicated consecutively with the sound recording;

(c) four or more other sound recordings by the performer of the sound recording are also communicated, and the performer is a featured artist in each of the sound recordings;

(d) four or more other sound recordings from a set of albums that has been lawfully distributed for sale as a unit and that contains the sound recording are also communicated;

(e) three or more other sound recordings by the performer of the sound recording are communicated consecutively with the sound recording, and the performer is a featured artist in each of the sound recordings; or

(f) three or more other sound recordings from a set of albums that has been lawfully distributed for sale as a unit and that contains the sound recording are communicated consecutively with the sound recording.

Album

(5) For the purposes of subsection (4), an album is a compilation of sound recordings that has been published or otherwise made available to the public.

Exception — first fixation before February 15, 1972

(6) A right to equitable remuneration does not apply 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 the United States or was a corporation that had its headquarters in that country, if its first fixation was before February 15, 1972 and the sound recording was first published in

(a) the United States;

(b) a treaty country other than the United States and subsequently published within 30 days in the United States; or

(c) a country other than a treaty country.

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.

Lebanon

3 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.

Vietnam

4 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.

Barbados, Cabo Verde, Congo and Monaco

5 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.

People’s Republic of China

6 (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.

Macao

(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.

Hong Kong

(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.

Costa Rica

7 (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

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

Application of par. (1)(a)

(2) For greater certainty, paragraph (1)(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.

Repeal 8 [Repeal]

Coming into Force Publication or coming into force of WPPT

9 This Statement comes into force on the later of the day on which it is published in the Canada Gazette, Part II and the day on which the WIPO Performances and Phonograms Treaty (WPPT), adopted in Geneva on December 20, 1996, comes into force for Canada. [Note: Statement in force August 13, 2014.]

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

SOR/2014-181 COPYRIGHT ACT

Registration 2014-07-14

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

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;

S.C. 2012, c. 20, s. 12(1) S.C. 2012, c. 20, s. 12(2) R.S., c. C-42 S.C. 2001, c. 27

Therefore, 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.

S.C. 2012, c. 20, s. 15(3) S.C. 2012, c. 20, s. 15(4)

Ottawa, June 30, 2014

JAMES MOORE Minister of Industry

Limitations Bolivia and Lesotho

1 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.

Japan, Singapore and United States

2 (1) Subject to subsections (2), (6) 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, Singapore or the United States or was a corporation that had its headquarters in any of those countries.

Exception — broadcasts and background music

a b c

d

a

b

c

d

e f c

e

f

(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 the United States or was a corporation that had its headquarters in either of those countries, 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.

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.

Background music — United States

(4) Despite paragraph (2)(b), a right to equitable remuneration does apply to the communication referred to in that paragraph if the maker of the sound recording, at the date of its first fixation, was a citizen or permanent resident of the United States or was a corporation that had its headquarters in that country and if, within any three-hour period in which sound recordings are communicated as background music on a single channel or stream,

(a) three or more other sound recordings from an album that contains the sound recording are also communicated;

(b) two or more other sound recordings from an album that contains the sound recording are communicated consecutively with the sound recording;

(c) four or more other sound recordings by the performer of the sound recording are also communicated, and the performer is a featured artist in each of the sound recordings;

(d) four or more other sound recordings from a set of albums that has been lawfully distributed for sale as a unit and that contains the sound recording are also communicated;

(e) three or more other sound recordings by the performer of the sound recording are communicated consecutively with the sound recording, and the performer is a featured artist in each of the sound recordings; or

(f) three or more other sound recordings from a set of albums that has been lawfully distributed for sale as a unit and that contains the sound recording are communicated consecutively with the sound recording.

Album

(5) For the purposes of subsection (4), an album is a compilation of sound recordings that has been published or otherwise made available to the public.

Exception — first fixation before February 15, 1972

(6) A right to equitable remuneration does not apply 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 the United States or was a corporation that had its headquarters in that country, if its first fixation was before February 15, 1972 and the sound recording was first published in

(a) the United States;

(b) a treaty country other than the United States and subsequently published within 30 days in the United States; or

(c) a country other than a treaty country.

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.

Lebanon

3 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.

Vietnam

4 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.

Barbados, Cabo Verde, Congo and Monaco

5 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.

People’s Republic of China

6 (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.

Macao

(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.

Hong Kong

(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.

Costa Rica

7 (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

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

Application of par. (1)(a)

(2) For greater certainty, paragraph (1)(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.

Repeal 8 [Repeal]

Coming into Force Publication or coming into force of WPPT

9 This Statement comes into force on the later of the day on which it is published in the Canada Gazette, Part II and the day on which the WIPO Performances and Phonograms Treaty (WPPT), adopted in Geneva on December 20, 1996, comes into force for Canada. [Note: Statement in force August 13, 2014.]

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التشريعات يُنفّذ (1 نصوص) يُنفّذ (1 نصوص)
المعاهدات يخصّ (عدد السجلات 2) يخصّ (عدد السجلات 2)
الإصدارات السابقة يُلغي (1 نصوص) يُلغي (1 نصوص) مرجع وثيقة منظمة التجارة العالمية
IP/N/CAN/11
IP/N/1/CAN/O/2
لا توجد بيانات متاحة.

ويبو لِكس رقم CA177