Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, April 12, 2005

FILE: 2005-UO/TI-10

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to David Oppenheim, Toronto, Ontario, for the reproduction and incorporation of a film clip in a documentary

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to David Oppenheim as follows:

(1) The licence authorizes the reproduction and incorporation of an 8-second clip of the f ilm "A New World in the Yukon" produced in 1970 by Jerry Fairbanks Productions, Hollywood, CA in association with Canawest Film Productions Ltd. of Vancouver, B.C., A Pro duction of Anvil Mining Corporation Ltd. The clip will be incorporated in the documentary entitled Selling Faro co-directed by Mr. David Oppenheim.

The licence also authorizes the public performance or the communication to the public by telecommunication of the documentary as part of the exploitation of the work in all media throughout Canada.

(2) The licence is for a period of 15 years and expires on December 31, 2020.

(3) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies.

(4) The issuance of the licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.

(5) The licensee will pay the sum of $180 to the Producers' Audio Visual Collective of Canada (PACC) who will dispose of the amount as it sees fit for the general benefit of its members. PACC undertakes, however, to reimburse any person who establishes before December 31, 2025, ownership of the work covered by this licence.

(6) The coming into force of this licence is conditional on the filing with the Board of PACC's undertaking to comply with the conditions set out in paragraph (5) above.

Claude Majeau Secretary General

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