Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, December 16, 2008

FILE: 2008-UO/TI-20

UNLOCATABLE COPYRIGHT OWNERS

Commission du droit d’auteur Canada

Non-exclusive licence issued to the University of Waterloo Library authorizing the posting of book excerpts on the University's intranet site

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

(1) The licence authorizes the posting, on the University's intranet site, of pages 37 -39, 43-44, 46-48 and 101-102 of the book titled “Leningrad Diary” written by Vera Inber (translated by Serge M. Wolff and Rachel Grieve), published in 1971 by St. Martin's Press, New York.

The licence also authorizes the students registered in the applicable course to download and print one copy of the pages mentioned above.

No more than 45 user copies of the pages shall be made.

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, 2009. The material must be removed from the University's intranet site by this 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 shall ensure that the following credit is prominently displayed with the excerpts that are posted:

"Taken from Leningrad Diary written by Vera Inber, translated by Serge M. Wolf f and Rachel Grieve. Used under a non-exclusive licence issued by the Copyright Board of Canada in co-operation with the Canadian Copyright Licensing Agency."

- 2 -

(5) The licensee will pay $67.50 (or 0.15$ per page per user) to Access Copyright, The Canadian Copyright Licensing Agency. Access Copyright may dispose of the said amount as it sees fit for the general benefit of its members. It undertakes, however, to reimburse the amount to any person who establishes, before April 30, 2013, ownership of copyright of the work covered by this licence.

(6) The coming into force of this licence is conditional on Access Copyright filing with the Board the receipt of the amount of the licence and its undertaking to comply with the conditions set out in paragraph (5) above.

Claude Majeau Secretary General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.