Copyright Board Commission du droit d’auteur Canada Canada [TRANSLATION] Ottawa, February 19, 2008 FILE 2007-UO/TI-35 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to the Canadian Broadcasting Corporation, Montréal, Quebec, for the use of a musical work by Roger Aubry in a television program
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board issues a licence to the Canadian Broadcasting Corporation (CBC), as follows:
(1) The licence authorizes the CBC to reproduce the musical work Prière d’une mère, composed by Roger Aubry and performed on the television program En tournée in the series Quand la chanson dit bonjour au country (produced and originally broadcast by Radio-Canada in 1991) so that the program may be rebroadcast on ARTV starting in August 2007. The licence also authorizes the CBC to authorize ARTV to reproduce and, to the extent that the work does not form part of SOCAN’s repertoire , to communicate the work to the public by telecommunication for the purposes set out above.
The issuance of this licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence, including the use of the work performed at the time of broadcasting of the original program in 1991.
(2) The licence is retroactive to the date of the first reproduction made for the purposes set out in paragraph (1). It expires on August 31, 2008.
(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 CBC will pay $250 to the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), which may dispose of the amount as it sees fit for the general benefit of its members. SODRAC undertakes, however, to reimburse any person who establishes, before August 31, 2013, ownership of the copyright in the work covered by this licence.
(5) The coming into force of this licence is conditional on SODRAC filing with the Board the receipt for the amount of royalties set in the licence, accompanied by an undertaking by SODRAC to comply with the conditions set out in paragraph (4) above.
Claude Majeau Secretary General