Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, October 29, 2013

FILE: 2013-UO/TI-18

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to Wendy Mitchinson, Bright, Ontario, authorizing the reproduction and communication to the public by telecommunication of three advertisement 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 and communication to the public by telecommunication of three advertisement images for the following pharmaceutical products:

Ionamin Advertisement published in the Canadian Medical Association Journal, July 13, 1963, vol. 89, no. 2, p. 30;

Biphetamine Advertisement published in the Canadian Medical Association Journal, March 4, 1961, vol. 84, no. 9, p. 13;

Probese Advertisement published in Canadian Doctor, March 1956, vol. 22, no. 3, p. 73.

No more than 600 hardcopies of the works shall be made.

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 October 31, 2023. The authorized uses must therefore be completed 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 will pay the sum of $366 ($122 per image) 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. The CARCC undertakes, however, to

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reimburse the amount to any person who establishes, before October 31, 2028, ownership of copyright of the work covered by this licence.

(5) The coming into force of this licence is conditional on the CARCC's filing with the Board the Notice of Receipt and Undertaking which confirms that the royalties, as specified in paragraph (4) have been received and that the CARCC undertakes to comply with the conditions set out in same.

Gilles McDougall Secretary General

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