Unión Europea

Canadá

Derecho de autor y derechos conexos

7. Does the Copyright Act confer ownership of the copyright in a cinematographic work upon all authors who have brought contributions to the making of the work? If so, is there any prohibition in the Copyright Act against authors who have brought contributions to the making of cinematographic works from objecting to the reproduction, distribution, public performance, communication to the public by wire, broadcasting or any other communication to the public, or to the subtitling or dubbing of text, of the work, as required by Article 9(1) of the TRIPS Agreement in conjunction with Article 14bis of the Berne Convention (1971)?

The Canadian Copyright Act does not confer the ownership of copyright on all of the individuals (e.g., screen writers, cinematographers, etc.) who bring contributions to the making of the cinematographic work. With respect to the cinematographic work, moral and economic rights belong to the film's author. With respect to any underlying copyright work included in the cinematographic work, moral and economic rights remain with the author of the underlying work, subject to the normal rules with respect to licensing and assignment. Although the Copyright Act is fully equipped in this regard, it should be recalled that the moral rights in the Berne Convention have not been carried over into TRIPS.