Unión Europea

Canadá

Derecho de autor y derechos conexos

[Follow-up question] Has the author of a work the right to authorize the distribution of the cinematographic adaptation of a work? If yes, how?

In this respect, any relevant right of the author would have been licensed or assigned to the maker of the cinematographic work. Canada does not interpret the Berne Convention in a fashion that requires authors to be given a distribution right on the same footing as, e.g., the rights of public performance and communication to the public. Our reading is that any relevant distribution right is limited to a right of first distribution which implicitly passes to the maker of the cinematographic work by reason of the author's consent to adaptation.