Copyright Board Canada
Ottawa, September 23, 2010
FILE: 2010-UO/TI-09
UNLOCATABLE COPYRIGHT OWNERS
Commission du droit d’auteur Canada
Non-exclusive licence issued to McGraw-Hill Ryerson Limited for the reproduction and communication to the public by telecommunication of a drawing by Sidney Clark Ells
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to McGraw-Hill Ryerson Limited, as follows:
(1) The licence authorizes the reproduction in print and in any electronic format of a drawing by Sidney Clark Ells known as “Hudson Bay Company's Transport, near La Loche Portage (Manitoba)”, published in 1956 in Northland Trails, by S.C. Ells, Burns & MacEachern. The work will be included in a grade 11 textbook entitled “MB History 11”, prepared by McGraw-Hill Ryerson. The licence also authorises the communication to the public by telecommunication of the work as part of the book.
No more than 20,000 copies of the textbook 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 December 31st, 2020. All textbooks 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.
(4) The licensee shall ensure that the following credit is prominently displayed with the work, in all versions of the book:
“Drawing by S.C. Ells known as “Hudson Bay Company's Transport, near La Loche Portage (Manitoba)”. 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.”
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(5) McGraw-Hill Ryerson Limited will pay three hundred thirty one dollars ($331) 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 December 31st, 2025, ownership of copyright of the work covered by this licence.
(6) 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 A/Secretary General