Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, November 28, 2007

FILE: 2007-UO/TI-33

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to NYM Ministries, Dryden, Ontario, authorizing the mechanical reproduction of five songs

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

(1) The licence authorizes the mechanical reproduction of the following songs for which the authors and composers are unknown:

Gray Day

My Friend and I

I'm on Tour

I Was Far Away

There is Peace

No more than 700 copies of the works will be reproduced (200 audio cassettes and 500 CDs).

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.

(2) The licence expires on December 31, 2008. 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 sole use of the musical works will be the mechanical reproduction on audio cassettes and CDs and will not be reproduced in any derivative form or otherwise.

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(5) The applicant will pay the sum of $269.50 (or $0.077 per song x 5 x 700) to the Canadian Musical Reproduction Rights Agency (CMRRA), who will dispose of the amount as it sees fit for the general benefit of its members. CMRRA undertakes to reimburse any person who establishes, before December 31, 2013 ownership of the copyright in the works covered in this licence.

(6) The licensee shall ensure that the following credit is prominently presented:

“Used with permission under a non-exclusive licence issued by the Copyright Board of Canada in co-operation with the Canadian Musical Reproduction Rights Agency (CMRRA)”.

(7) The coming into force of this licence is conditional on the filing with the Board of a receipt from CMRRA for the amount of the royalties specified in the licence, accompanied by CMRRA's undertaking to comply with the conditions set out in paragraph (5) above.

Claude Majeau Secretary General

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