Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, September 30, 2011

FILE: 2011-UO/TI-13

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to Catherine Taddo, Sault Ste. Marie, Ontario, authorizing the mechanical reproduction and the communication to the public by telecommunication of a musical work

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

(1) The licence authorizes the mechanical reproduction of the musical work entitled “Men are like street Cars” by Louis Jordan or Charley Jordan, for up to six hundred (600) CDs. It also authorizes the reproduction and the communication to the public by telecommunication of the musical work for the purpose of digital sales (e.g., via iTunes, mp3 format, etc.).

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, 2016. The authorized reproduction must therefore be completed by that date.

(3) The licence is valid provided that the musical work is not in the public domain.

(4) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies.

(5) The applicant will pay the sum of $49.80 to the Canadian Musical Reproduction Rights Agency (CMRRA) for the mechanical rights. CMRRA 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, 2021 ownership of the copyright in the works covered in this licence.

(6) With respect to the rights related to digital sales, the applicant will pay to any person who establishes, before December 31, 2021, ownership of the copyright in the works covered in this licence, royalties amounting to the total, per download, that will be payable

- 2 -

pursuant to the SOCAN 22.A (1996-2006) and CMRRA-SODRAC Inc. (2005-2007), Online Music Services Tariffs on the date of the sale.

(7) 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).”

(8) 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.

Gilles McDougall 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.