A proposed “Statement” limiting the scope of equitable remuneration under s.19 of the Copyright Act for countries that do not offer a reciprocal right, was published in the Canada Gazette. This will update a similar statement from 1999 for changes to domestic laws and countries which have acceded to the Rome Convention.

Section 20(2) of the Copyright Act states that:

(2) Despite subsection (1.1), 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 subsection 19(1.1), 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.

The proposed Statement (published in the March 1, 2014 Canada Gazette Part 1) addresses remuneration rights for: Barbados, Bolivia, Cabo Verde, Congo, Costa Rica, Japan, Lebanon, Lesotho, Monaco, People’s Republic of China (including Hong Kong and Macao), Singapore, United States of America, and Vietnam.

For comparison, the 1999 “Limitation of the Right of Equitable Remuneration of Certain Rome Convention Countries Statement” is on CanLII.

The new Statement is proposed to come into force on the later of the day it is published in the Canada Gazette and the day the WIPO Performances and Phonograms Treaty (WPPT) comes into force in Canada.

Consultation is open for 30.