Who owns unauthorized fixation of the performance?
This is a bilingual post, Chinese version follows the English one (the two versions are not exactly same).
未经许可制作的表演录音(像)的著作权问题:这是一篇双语日志,中文版本在英文后(内容略有不同)。
Fixation of the performance without the performer’s authorization will infringe the copyright. However, the questions follow: shall those unauthorized phonograms totally be discarded? Who can use them, and in what extent?
Easy124, a reader of this blog, sent me some provisions in Canadian Copyright Act. Among them, Section 15 (1) (b) noted that a performer has a copyright to:
… reproduce any fixation that was made without the performer’s authorization.