Copyright Board Commission du droit d’auteur Canada Canada Ottawa, September 18, 2018 File: 2018 UO/TI-18 – John Richardson Mr. Richardson, The Copyright Board has reviewed your licence application dated June 19, 2018, for the reproduction of photographs by Herb Nott and has determined that a licence cannot be issued as your application does not meet one or more of the requirements of section 77 of the Copyright Act.
Section 77 states that [w]here, on application to the Board by a person who wishes to obtain a licence to use a) a published work, b) a fixation of a performer’s performance, c) a published sound recording, or d) a fixation of a communication signal in which copyright subsists, the Board is satisfied that the applicant has made reasonable efforts to locate the owner of the copyright and that the owner cannot be located, the Board may issue to the applicant a licence to do an act mentioned in section 3, 15, 18 or 21, as the case may be. [our underline]
Given that the photographs you wish to reproduce have not been published, the Copyright Board cannot issue a licence.
Sincerely yours,
Secretary General Gilles McDougall