Copyright Board Canada
Ottawa, August 20, 2002
Commission du droit d’auteur Canada
FILE: 2002-UO-TI-20 UNLOCATABLE COPYRIGHT OWNER Non-exclusive licence issued to Lothar Klein, Toronto, Ontario authorizing the reproduction and musical adaptation of a text translated by Anne-Marie Drayton Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Lothar Klein as follows: (1) The licence authorizes the reproduction and musical adaptation of The Philosopher in the Kitchen, translated into English by Anne-Marie Drayton and published by Penguin Books in 1970, then reprinted by Penguin Books USA under the title The Physiology of Taste in 1994. This work is based on a French book written by the 18th Century writer Jean Anthelme Brillat-Savarin. The work will form approximately 1/5 of an audio CD compilation of original music compositions: 17:18 minutes of a 74:21 minute-long CD. The audio CDs are to be sold and/or sent to university libraries. (2) No more than 500 copies of the audio CD shall be reproduced. The applicant shall keep records of the exact number of CDs produced and sold. (3) The licence expires on June 30, 2003. All audio CDs must therefore be manufactured by that date. (4) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies. (5) The applicant shall ensure that the following credit is displayed on all copies of the Audio CDs: “Reproduced from The Philosopher in the Kitchen, translated by Anne-Marie Drayton and published by Penguin Books © [1970]. Used under a non-exclusive licence issued by the Copyright Board of Canada in cooperation with the Canadian Copyright Licensing Agency (CANCOPY).”
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(6) The issuance of the licence does not release the applicant from the obligation to obtain permission for any other use not covered by this licence. (7) The applicant will pay the sum of $155 (representing $0.31 royalty fee for each of the 500 CDs) to the Canadian Copyright Licensing Agency (CANCOPY) who can dispose of the amount for the general benefit ot its members. It undertakes however to reimburse any person who establishes, before June 30, 2008, ownership of the copyright in any of the works covered by this licence. (8) The coming into force of this licence is conditional on the filing with the Board of CANCOPY's undertaking to comply with the conditions set out in paragraph (7) above.
Claude Majeau Secretary General