Canada does provide retroactive protection to pre-existing works, phonograms and performances from WTO Member countries. The term is generally life plus fifty for most works with fifty years for sound recordings and performers' performances. With respect to sound recordings and all original literary, dramatic, artistic and musical works, Copyright Act, Section 5.(1.01) provides that "a country which becomes a [...] WTO Member after the date of the making or publication of a work shall, as of becoming a [...] WTO Member [...] be deemed to have been a [...] WTO Member at the date of the making or publication of the work [...]." However, the foregoing does not apply if copyright protection expired in the country of origin before that country became a WTO Member. A corresponding provision with respect to a performer's performance is contained in Copyright Act, Section 14.01(4). TRIPS, Article 70(7), does not have any effect with respect to Canada because our Copyright Act does not make protection conditional on registration.
