Extended Protection for Published Sound Recordings and Performances Fixed in Sound Recordings Now in Force
June 25, 2015
By Catherine Lovrics and Tamara Céline Winegust
Changes to the Copyright Act extending the term of protection for sound recordings and musical and other audio performances automatically came into force on June 23, 2015, upon Royal Assent being granted to the Federal Government's budget bill, Bill C-59. The term of protection for performances fixed in sound recordings is now the earlier of the end of 70 years after the sound recording is published (up from 50) or the end of 100 years after the recording is first fixed (up from the end of 99 years from the year of first performance). For sound recordings published within the 50 years following first fixation of the recording, the term of protection is now the earlier of 70 years after the sound recording is published (up from 50) or the end of 100 years from the year of first fixation.
The extended term of protection does not apply to performances not fixed in sound recordings, which are protected for 50 years from the date of the first performance, or to non-dramatic cinematographic works. For unpublished sound recordings, the term of protection remains 50 years. The extended term of protection also does not have the effect of reviving copyright or rights to remunerations that expired prior to June 23, 2015.
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