Unión Europea
Canadá
Derecho de autor y derechos conexos
[Follow-up question] Does the exclusive right to communicate the work to the public include the exclusive right to communicate the performance of the work to the public as required by Article 11(1)(ii) of the Berne Convention?
Berne Convention, Article 11(1)(i), requires authors of dramatic, dramatico-musical and musical works to enjoy the exclusive right of authorizing the public performance of their works, including such public performance by any means or process. Section 3(1) of the Copyright Act gives the copyright owner the sole right to perform the work, or any substantial part thereof in public. This is the basis of the right of public performance under the Canadian Copyright Act. The right to communicate the work to the public by telecommunication is provided in Section (3)(1)(f). The act of communicating a work to the public by telecommunication does not constitute the act of performing the work in public, nor does it constitute an authorization to do the act of performing the work in public.