Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, July 21, 2008

FILE: 2008-UO/TI-16

UNLOCATABLE COPYRIGHT OWNERS

Commission du droit d’auteur Canada

Non-exclusive licence issued to 1390040 Ontario Limited (If You Love Our Children Productions), Toronto, Ontario, for the synchronization, reproduction and public performance of a piece of film footage

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to 1390040 Ontario Limited (If You Love Our Children Productions) as follows:

(1) The licence authorizes the synchronization of a piece of film footage total duration: 20 seconds of a fish swimming in water (from the film "Hormone Copy-Cats" produced in 1995 by Fission Media for World Wildlife Fund of Canada) in the 80-minute documentary entitled Toxic Trespass and its 53-minute cutdown version, co ­produced with the National Film Board of Canada.

The licence also authorizes the reproduction of the footage on DVD, its public performance or communication to the public by telecommunication as part of the exploitation of the documentary in Canadian film festivals, educational venues and other film markets, including home video.

(2) The licence expires when the work joins the public domain.

(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 issuance of the licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.

(5) The licensee will pay the sum of $400 to the Producers Audiovisual Collective of Canada (PACC) who will dispose of the amount as it sees fit for the general benefit of its members. PACC undertakes, however, to reimburse any person who establishes within five years from the expiry of the licence, ownership of the work covered by this licence.

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

Claude Majeau Secretary General

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