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Performers, ACTRA and the Screen
A performer’s rights in a screen performance are largely contractual, because the Copyright Act hands most of them over the moment the performance is embodied in a film.
Section 17(1): authorising embodiment in a cinematographic work ends the performer’s section 15(1) copyright in that performance.
What replaces it is contractual, which is why the collective agreement matters so much.
The 2025 to 2027 Independent Production Agreement runs to 31 December 2027.
It adds new provisions on AI, digital replication and digital alteration.
Quick Answer
What rights does a performer have in a screen performance in Canada?
Fewer than most performers expect, and the reason is section 17(1) of the Copyright Act. It provides that where a performer authorises the embodiment of their performance in a cinematographic work, the performer may no longer exercise, in relation to that performance as embodied in that work, the copyright referred to in section 15(1). In other words the statutory performer’s copyright effectively falls away for screen work at the moment of authorised embodiment. Section 17(2) provides a right to remuneration only where an agreement governing the embodiment provides for one, and section 17(3) confines that to prescribed cinematographic works. The practical consequence is that a screen performer’s protection is contractual rather than statutory, which is why the collective agreement does the work that copyright does in other creative fields. Performers’ moral rights under section 17.1 are also limited: they apply to live aural performances and performances fixed in sound recordings, and only to performances occurring after November 2012.
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SECTION 17
Why Screen Performers Rely on Contract
Section 15 gives performers real rights: over unfixed performances, over reproduction of unauthorised fixations, and since 2012 over making available and distribution. For recorded music these matter considerably.
Section 17(1) removes most of that for screen work. Once the performer authorises embodiment in a cinematographic work, the section 15(1) copyright can no longer be exercised in relation to that embodied performance. The trade is deliberate: film production would be impracticable if every performer retained a veto over the finished work.
What section 17(2) offers in return is a right to remuneration only where the agreement governing the embodiment provides for one, and only in respect of prescribed works. So the substance of what a screen performer receives comes from the contract and, where applicable, the collective agreement. That is not a gap in the drafting. It is the design, and it explains why union terms carry the weight they do in this sector.
THE IPA
The Agreement That Governs Most Union Work
ACTRA is the union representing English language performers in recorded media in Canada, structured as ACTRA National with branches, of which ACTRA Toronto is the largest.
The Independent Production Agreement is negotiated between ACTRA National and the producers’ associations, and the current agreement runs from January 2025 to 31 December 2027. It sets minimum fees, working conditions, use fees and residual structures across categories of performer.
For a producer the practical question at the outset is whether a production will be engaged under the agreement, because that decision shapes budget, casting and paperwork from the beginning. For a performer the question is what category they are engaged in, since terms differ by category. Engagement mechanics change and are administered by ACTRA directly, so anything specific should be confirmed against the current agreement and ACTRA’s own materials rather than assumed from general description.
AI AND DIGITAL REPLICAS
The Newest and Most Consequential Part
The current agreement adds provisions addressing artificial intelligence, digital replication and digital alteration, in both live action and animated production. This is the most significant development for performers in years and it is worth understanding at least in outline.
The framework distinguishes between replicas created in connection with an engagement and replicas created independently, and imposes consent requirements. Consent must be signed rather than assumed, must be preceded by notice, and must describe the intended use with reasonable specificity. Use of a replica is confined to the production the performer was engaged on. Parallel treatment applies to voice replicas and digital alteration, and producers are required to notify the union where generative AI synthetic performers are used.
ACTRA framed the negotiation around consent, compensation and control, which is a useful lens for a performer reading any AI clause, union or not. The detail of these provisions is specific and the agreement itself should be read before relying on any particular clause, because summaries including this one necessarily compress it.
OUTSIDE THE UNION
Non Union and Digital First Work
A large volume of production is engaged outside any collective agreement: independent film, branded content, digital first series and much commercial work. Here there are no minimums and no default use fee structure, and the contract is the entirety of the performer’s protection.
The terms that matter most are the same ones the union agreement addresses. What media and territories the performance may be used in. For how long. Whether the producer may use the performance in other productions. Whether there is any additional payment for extended use.
AI clauses now appear routinely in non union agreements and they vary enormously in fairness. A clause permitting creation and unlimited future use of a digital replica, for no additional consideration and with no expiry, is not unusual in a first draft. It is also generally negotiable, and the three questions to ask are the ACTRA ones: has consent been given specifically, is there compensation, and who retains control of subsequent use.
Common Questions
Frequently Asked Questions
Do I keep any copyright in my screen performance?
Largely no. Section 17(1) provides that once you authorise embodiment of your performance in a cinematographic work, you may no longer exercise the section 15(1) copyright in relation to that embodied performance. Section 17(2) gives a remuneration right only where the governing agreement provides one, and only for prescribed works. Your protection is contractual.
Does the union agreement cover AI and digital replicas?
The current Independent Production Agreement, running to the end of 2027, adds provisions on artificial intelligence, digital replication and digital alteration, including signed consent requirements with prior notice and a description of intended use, and confinement of replica use to the production engaged on. The specific clauses should be read in the agreement itself.
What should I look for in an AI clause in a non union contract?
Three things. Whether consent is specific to a described use rather than general. Whether there is compensation for creation and for subsequent use. And whether control over future use remains with you, including an expiry and a prohibition on use in other productions. First drafts frequently address none of these and are usually negotiable.
Do performers have moral rights?
In a limited form. Section 17.1 gives performers integrity and attribution rights, but only for live aural performances and performances fixed in sound recordings, so a performance embodied solely in an audiovisual work falls outside it. It also applies only to performances occurring after the provision came into force in November 2012, and the attribution right is qualified by what is reasonable in the circumstances.
How long does copyright in a performance last?
Under section 23(1) the base term is 50 years from the end of the year in which the performance occurs. If fixed in a sound recording before expiry, it becomes 70 years from the end of the year of first fixation, and if a sound recording of it is published before expiry, the earlier of 75 years from first publication and 100 years from first fixation.
Start My Enquiry
Review a Performer Agreement
Send the agreement, and tell us whether the production is union or not. The AI and use provisions are where we will look first, because those are the terms that outlast the job.
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How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
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Short, and written to be read rather than scrolled past.
The four things that matter most
Nothing on this site is legal advice, however specific it looks.
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The difference is practical rather than technical. A page explaining that spousal support is
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Rules of Professional Conduct.
Every limit on what this website tells you, and every thing it does not do, in one
place rather than in small print at the bottom of each page.
Before you rely on anything here
Four limits, and they matter in this order.
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Everything published on this website is general information. It is not legal
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Each page states the law as at the review date shown on it. Legislation is amended and case law
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If you contact us
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This website is not an emergency service. Enquiries sent through a form here are read during
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Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within 2 business days. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The no-obligation initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
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describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
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+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
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