Copyright Board Canada
Ottawa, October 20, 2011
FILE: 2011-UO/TI-12
UNLOCATABLE COPYRIGHT OWNERS
Commission du droit d’auteur Canada
Non-exclusive licence issued to Wendy Mitchinson, Bright, Ontario, for the reproduction and the communication to the public by telecommunication of three images
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Wendy Mitchinson, as follows:
(1) The licence authorizes the reproduction in print and in any electronic format of three images published in The Canadian Home Journal in an article entitled “The Media, Gendered, Fat and Other Problematic Bodies”. The licence also authorises the communication to the public by telecommunication of the work as part of the book of the following works:
• Illustration accompanying an article entitled “The Stenographer's Spread”, The Canadian Home Journal, Vol. 46, No. 10, February 1950, p. 38.
• A cartoon by Cy Olson, The Canadian Home Journal, Vol. 53, No. 6, October 1956, p. 89.
• “Watch your Husband's Waistline”, The Canadian Home Journal, Vol. 45, No. 4 , August 1948, p. 42.
No more than 500 copies shall be reproduced.
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 October 31, 2021. All copies must be manufactured by that date. All protected digital uses of the work must also cease by that date.
(3) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of the country that applies.
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(4) The licensee shall ensure that the following credit is prominently displayed with the work, in all versions of the book:
“Used with permission under a non-exclusive licence issued by the Copyright Board of Canada in co-operation with The Canadian Artists Representation Copyright Collective.”
(5) Ms. Mitchinson will pay three hundred dollars ($300) for the first two images to the Canadian Artists Representation Copyright Collective (CARCC), who may dispose of the said amount as it sees fit for the general benefit of its members. CARCC undertakes, however, to reimburse the amount to any person who establishes, before October 31, 2026, ownership of copyright of the work covered by this licence.
(6) A sum of one hundred and fifty dollars ($150), for the third image, “Watch your Husband's Waistline”, will be payable to the rights holder directly if he/she comes forward and can demonstrate that he or she is the owner of the copyright.
(7) The coming into force of this licence is conditional on The Canadian Artists Representation Copyright Collective 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.
Gilles McDougall Secretary General