Unión Europea

Canadá

Derecho de autor y derechos conexos

5. Article 9(1) of the TRIPS Agreement in conjunction with Article 12 of the Berne Convention (1971) requires that authors of literary and artistic works enjoy the exclusive right of authorizing adaptations, arrangements and other alterations of their works. Does the Copyright Act grant to authors of literary and artistic works the exclusive right to authorize the making of all forms of adaptations, arrangements and other alterations of their works? Are there any limitations to these rights?

Although the Canadian Copyright Act lacks a general adaptation right, the statute gives the author the exclusive right to convert a dramatic work into a novel or another non-dramatic work and to adapt a literary, dramatic, musical or artistic work by cinematograph. Canada complies with Article 12 of the Berne Convention via these rights and by the reproduction right which has been given a very extensive scope by Canadian courts. Accordingly, the Canadian legal system handles by way of the reproduction right much of what some other countries handle by way of a general adaptation right. With respect to adaptation, it is also pertinent that the Canadian Copyright Act specifically gives the author moral rights to the integrity of his work.