Copyright Board Canada
Ottawa, September 9, 2009
FILE: 2005-UO/TI-14
UNLOCATABLE COPYRIGHT OWNERS
Commission du droit d’auteur Canada
Non-exclusive licence issued to Marilynne Feeney, Waterloo, Ontario, authorizing the reproduction of prayers in a book
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Marilynne Feeney, as follows:
(1) Subject to the reservations set out in Appendix A, the licence authorizes the reproduction of all the works in the 2003 publication entitled "A Quiet Moment With God: A Collection of Traditional and Contemporary Prayers", to the extent that the works are not in the public domain.
(2) The licence is for the reproduction of the works in the aforementioned book and f or the reproduction of the book, or part thereof, onto audio CDs or other audio recording medium.
(3) The licence is retroactive and applies to the 1,076 book, 100 CD and 12 casse tte copies made to date. Further reproductions of the book shall not exceed 500 and for CD or other audio recording medium copies, 100.
(4) This licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.
(5) The licence expires in the case of each work as it enters into the public domain.
(6) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies.
(7) The licensee shall ensure that each copy made after this licence is issued prominently displays on the page conveying copyright information the following credit: "Some works are used with permission under a non-exclusive licence issued by the Copyright Board of Canada in co-operation with Access Copyright".
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The licensee shall affix on each copy made before this licence is issued that has yet to be sold or distributed, a label with the above credit on the page conveying copyright information.
With respect to reproductions of the book, the licensee shall also attribute authorship of a work where it has been established.
(8) With respect to the following works, the licensee shall pay in advance royalties to Access Copyright, The Canadian Copyright Licensing Agency, in the amount of 1¢ per work, per copy (or a total of $125.16 for 7 works x 1¢ x 1,788 copies):
• Old Women's Rosary • Prayer to the Queen of Peace • The Prayer to Defeat the Works of Satan • The Serenity Prayer • Prayer for the Canonization of Kateri Tekakwitha • A Kitchen Prayer • Footprints in the Sand
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 ownership of copyright no later than five years f ollowing the date at which the work enters the public domain.
(9) With respect to the remainder of the works, the licensee shall pay the sum of 1¢ per work, per copy, to any person who has not already authorized the contemplated use and who establishes ownership of the copyright in a work covered by this licence no later than five years following the date at which the work enters the public domain.
(10) The coming into force of this licence is conditional on Access Copyright filing with the Board the receipt of the amount of the royalties specified in the licence and its undertaking to comply with the conditions set out in paragraph (8).
(11) In addition, this licence is conditional on the licensee's undertaking to comply with the conditions set out in sections (7), (8) and (9).
Lise St-Cyr Senior Clerk of the Board