Tag: <span>信息网络传播</span>

Telecommunication vs Communication Signal

Telecommunication and Communication Signal in Canadian Copyright Act

This is a bilingual post. Chinese version is following the English one.

Easy124, a reader of this blog, sent me some provisions in Canadian Copyright Act, and asked me some questions on the performer’s rights in that law.

Actually I am not among professionals specially in Canadian law. Last time I read the Canadian Copyright Act was two months ago when I was revising my paper on orphan Works. So to me, his questions are opportunities for my study rather than enquires for somehow expertise.

There are three questions raised by Easy. I have mentioned one of them in a former post, which is about the unauthorized fixation of a performer’s performance. Here I’d like to discuss another interesting question: difference between "telecommunication" and "communication signal". The last question about the Right to Remuneration will be disscussed  later.

In Section 15 (1) (a) of Canada Copyright  Act, the law noted that, if a performance is not fixed, its performer has the right:

(i) to communicate it to the public by telecommunication,
(ii) to perform it in public, where it is communicated to the public by telecommunication otherwise than by communication signal, and
(iii) to fix it in any material form,

Easy’s question are: What’s the difference between "telecommunication" and "communication signal"? Why the copyright is hereby refined to "perform [the performance] in public, where it is communicated to the public by telecommunication otherwise than by communication signal"?

In fact, these two terms has been legally defined in Sec. 2 of the Canadian Copyright Act:

"communication signal" means radio waves transmitted through space without any artificial guide, for reception by the public;


Neighboring Right Owners’ Right of Communication to the Public through Information Networks


Abstract: The Copyright Law of People’s Republic of China("The Law" hereinafter)authorizes neighboring right owners (performers,sounds recorders and video recorders) some "Rights of Communication to the public on Information Networks". This article notes the following arguments: (1) According to The Law,these rights are different to copyright owner’s "Right of Communication of Information on Networks". (2) A performer is incapable to enjoy the right of communicate his own performance to the public on information network,but can merely authorize others to communicate his performance to the public on information network. (3) The sounds recorders and video recorders should have the "right of communication to the public on information network by themselves", whilst The Law neglected itwrongfully. (4) The distinction between "distribution" and "communication to the public on information network" should be clarified by the way of understanding the differences among "work", "medium of work", "tangible medium" and  "intangible medium". (5) It is reasonable to restrict the Radio and Television Stations enjoying the right to communicate to the public on information networks.

Key words: Information network; Neighboring right; Performance; Recording; Intangible Medium

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董 皓**