Section 26 — Copyright Act: Performer’s performance in WTO country

Where a performer’s performance takes place on or after January 1, 1996 in a country that is a WTO Member, the performer has, as of the date of the performer’s performance, a copyright in the performer’s performance, consisting of the sole right to do the following in relation to the performer’s performance or any substantial part thereof: if it is not fixed, to communicate it to the public by telecommunication and to fix it in a sound recording, and if it has been fixed in a sound recording without the performer’s authorization, to reproduce the fixation or any substantial part thereof, and to authorize any such acts. Where a performer’s performance takes place on or after January 1, 1996 in a country that becomes a WTO Member after the date of the performer’s performance, the performer has the copyright described in subsection (1) as of the date the country becomes a WTO Member. Where a performer’s performance takes place before January 1, 1996 in a country that is a WTO Member, the performer has, as of January 1, 1996, the sole right to do and to authorize the act described in paragraph (1)(b). Where a performer’s performance takes place before January 1, 1996 in a country that becomes a WTO Member on or after January 1, 1996, the performer has the right described in subsection (3) as of the date the country becomes a WTO Member. The rights conferred by this section subsist for the remainder of the calendar year in which the performer’s performance takes place and a period of fifty years following the end of that calendar year. Subsections 13(4) to (7) apply, with such modifications as the circumstances require, in respect of a performer’s rights conferred by this section. Notwithstanding an assignment of a performer’s right conferred by this section, the performer, as well as the assignee, may prevent the reproduction of any fixation of the performer’s performance, or any substantial part of such a fixation, where the fixation was made without the performer’s consent or the assignee’s consent; and prevent the importation of any fixation of the performer’s performance, or any reproduction of such a fixation, that the importer knows or ought to have known was made without the performer’s consent or the assignee’s consent.