Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, May 8, 2009

FILE: 2009-UO/TI-05

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to Fireship Press, Tucson, Arizona, U.S.A., authorizing the reproduction, in Canada, of a work written by Ethel T. Raymond

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

(1) The licence authorizes the reproduction, in Canada, of copies of the work entitled “Tecumseh: A Chronicle of the Last Great Leader of His People” written by Ethel T. Raymond (died 1960), originally published by Glasgow, Brook and Company, Toronto, between 1914 and 1916 in the book series The Chronicles of Canada.

No more than 20,000 copies of the work will be produced.

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.

(2) The licence expires on December 31, 2010, after which the work will be in 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 licensee shall ensure that the following credit is prominently presented within each book:

"Tecumseh: A Chronicle of the Last Great Leader of His People by Ethel T. Raymond. Used with permission under a non-exclusive licence issued by the Copyright Board of Canada in co-operation with The Canadian Copyright Licensing Agency."

(5) The licensee will pay to Access Copyright, The Canadian Copyright Licensing Agency, a royalty fee of $300 plus a percentage (4%) of all net receipts on the sales of all copies in Canada made before the licence expires. Access Copyright may dispose of any amounts paid as it sees fit for the general benefit of its members. It undertakes, however, to

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reimburse any person who establishes, before December 31, 2015, 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 a notice of receipt of the royalties specified in paragraph (5) above accompanied by its undertaking to comply with the conditions set out in same paragraph.

Claude Majeau Secretary General

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