Copyright Board Commission du droit d’auteur Canada Canada Ottawa, October 13, 2017 File: 2017-UO/TI-11 Mr. Hunter: The Copyright Board has reviewed your licence application received on May 15, 2017 and has concluded that no licence is required for the reproduction of two excerpts from the following works written by Flos Jewell Williams:
1. New Furrows, published by The Graphic Publishers Limited in 1926; and 2. Fold Home, published by The Ryerson Press in 1950. Section 77 of the Copyright Act (the “Act”) provides, among other things, that the Board can issue a licence for the use of a published work protected by copyright if the owner cannot be located after reasonable efforts to do so have been made. The introductory paragraph of subsection 3(1) of the Act provides that a licence is required to use a work protected by copyright only if a substantial part of the work is being used.
In this instance, the Board has determined that the excerpts you wish to reproduce do not constitute a substantial part of their respective original works. Consequently, the Board will not issue a licence for their reproduction.
Yours truly,
Gilles McDougall Secretary General