Copyright Board Commission du droit d’auteur Canada Canada Ottawa, February 14, 2017 File: 2016-UO/TI-22 Ms. Crawford: The Copyright Board has reviewed your licence application received December 2, 2016 and has determined that a licence is not required for the reproduction of three photographs from the World War I memoir, Thrilling Stories of The Great War: A Comprehensive Story of Battles and Great Events of the World War: Including the Heroic Career of Earl Kitchener, for the following reasons:
1. The photographs were taken between 1914 and 1916; 2. The term of protection afforded to photographs at the time of publication of the book was 50 years from the making of the original negative from which the photograph was directly or indirectly derived (An Act to amend and consolidate the Law relating to Copyright, 1911 (UK) 1 & 2 Geo V, c. 46, s. 21);
3. The term of protection afforded to photographs in 1964 to 1966 was still 50 years from the making of the original negative, as such there was no extension of the term of protection applicable to the photographs (Copyright Act, R.S. 1952, c. C-32, s. 9);
4. The photographs became part of the public domain between 1964 and 1966. Since the photographs are part of the public domain, the Board cannot issue a licence. Sincerely Yours,
Gilles McDougall Secretary General