Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, February 13, 2013

FILE: 2013-UO/TI-01

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to Canada's History Society, Winnipeg, AB, authorizing the reproduction, the making available and the communication to the public by telecommunication of three paintings

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Canada's History Society as follows:

(1) The licence authorizes the reproduction (in print and digital), the making available and the communication to the public by telecommunication of the following paintings by Claire Fauteux in the April-May issue of Canada's History magazine:

Le Lavoir, Besançon, 1941;

Corvée de vaisselle, Besançon, 1941;

Chambre 96 B, Besançon, 1941.

(2) The licence expires December 31, 2018.

(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 issuance of the licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.

(5) The licensee will pay the sum of $565 ($207 per image for the two images reproduced over half a page and $151 for the image reproduced over a quarter of a page) to the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), who may dispose of this amount as it sees f it for the general benefit of its members. SODRAC undertakes, however, to reimburse the amount to any person who establishes, before December 31, 2023, ownership of copyright in any of the paintings covered by this licence.

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(6) The coming into force of this licence is conditional on SODRAC filing with the Board a notice of receipt which confirms that the royalties, as specified in paragraph (5) have been received and that SODRAC undertakes to comply with the conditions set out in same.

Gilles McDougall Secretary General

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