Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, January 31, 2006

Commission du droit d’auteur Canada

FILE: 2005-UO/TI-45 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to The University of Alberta Press, Edmonton, Alberta for the reproduction of an article written by Georgia Engelhard Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to The University of Alberta Press as follows: (1) The licence authorizes the reproduction of the article “Portrait of a Giant” written by Georgia Engelhard, published in November 1946 by the American Photographic Publication Company of New York in the periodical American Photography 40. The article will be reproduced in an anthology to be compiled by Dr. Colleen Skidmore entitled “This Wild Spirit: Women in the Rocky Mountains of Canada”. No more than 1,500 copies of the book shall be reproduced. This licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence. (2) The licence expires on April 30, 2011. The authorized reproduction must therefore be completed by that date. (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 licensee will pay $150 to Access Copyright who may dispose of the amount as it sees fit for the general benefit of its members. Access Copyright undertakes, however, to reimburse the amount to any person who establishes, before April 30, 2016, ownership of the copyright of the work covered by this licence. (5) The licensee shall ensure that the following credit is prominently presented: “Portrait of a Giant” by Georgia Engelhard first appearing in American Photo graphy 40, 1946. Used under a non-exclusive licence issued by the Copyright Board of Canada in cooperation with the Canadian Copyright Licensing Agency .”

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(6) The coming into force of this licence is conditional on the filing with the Board of a receipt from Access Copyright for the amount of the royalty specified in the licence, accompanied by Access Copyright's undertaking to comply with the conditions set out in paragraph (4) above.

Claude Majeau Secretary General

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