Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, July 19, 2005

FILE: 2004-UO/TI-39

UNLOCATABLE COPYRIGHT OWNERS

Commission du droit d’auteur Canada

Non-exclusive licence issued to Lucie Gagné, Ottawa, Ontario, authorizing the reproduction of a work of joint authorship in a book

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

(1) The licence authorizes the reproduction and inclusion of the following work in a book the licensee is preparing and entitled "Honour, bravery and determination: the men of the 13th field battery of the Canadian Expeditionary Force 1914-1918":

The Diary of the 13th Battery Canadian Field Artillery 1914-1919, co-authored by Major Clifford Sifton, Captain T.H. O'Brien, Batter Sergeant Major Sydney Allen, Corporal Harry Stanley Dodd, Corporal Ernest Goldstraw, Corporal Percival John Miller, Driver Fred Brittenden, Gunner Ezra Claude Duval and Gunner Harold Twidale. The work was published by the Canada Newspaper Co. Ltd., Craven House, Kingway, London W.C. 2 likely in 1919.

No more than 1,000 copies of the work shall be reproduced.

This licence does not release the licensee from the obligation to obtain permission f rom any known joint author or from any known successor in title, or for any other use not covered by this licence.

(2) The licence expires on December 31, 2007. The authorized reproduction and inclusion 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) Lucie Gagné will pay $225 to Access Copyright, The Canadian Copyright Licensing Agency. Access Copyright may dispose of the said amount as it sees fit f or the general benefit of its members. It undertakes, however, to reimburse the amount to any person

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who establishes, before December 31, 2012, ownership of the copyright of the work covered by this licence.

(5) 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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