Union européenne

Canada

Droit d'auteur et droits connexes

2. Article 9(1) of the TRIPS Agreement in conjunction with Article 11(1)(ii) of the Berne Convention (1971) requires that authors enjoy the exclusive right of authorizing communications to the public of the performances of their works. The Copyright Act grants to authors the exclusive right to communicate the work to the public. Is there any distinction to be made between the right to communicate the work to the public and the right to communicate to the public performances of works?

The Copyright Act gives authors the exclusive right to perform the work in public and the exclusive right to communicate the work to the public by telecommunication. These two aspects fully satisfy Berne requirements with respect to providing the author with the exclusive right to communicate his work to the public.