Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, December 9, 2009

FILE: 2009-UO/TI-11

UNLOCATABLE COPYRIGHT OWNER

Commission du droit d’auteur Canada

Non-exclusive licence issued to NeWest Press, Edmonton, Alberta, authorizing the reproduction of excerpts of two articles

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to NeWest Press, as follows:

(1) The licence authorizes the reproduction of excerpts of the following two articles published in 1977 in “Land of Red and White” by the Frog Lake Community Club, Heinsburg, Alberta:

A Redman's Viewpoint written by Alphonse Dion

Treaty No. 6 written by John Horse

The excerpts will be included in the book titled “The Frog Lake Reader” by Myra Kostash.

No more than 1,500 copies of the book will be produced.

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.

(2) The licence expires on August 1, 2014. All books must be manufactured by that date.

(3) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies.

(4) The licensee will pay to Access Copyright, The Canadian Copyright Licensing Agency, a royalty fee of $150 (or $75 for each of the authors). Access Copyright may dispose of the amount as it sees fit for the general benefit of its members. It undertakes, however, to reimburse any person who establishes, before August 1, 2019, ownership of copyright of the works covered by this licence.

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(5) The coming into force of this licence is conditional on Access Copyright filing with the Board a notice of receipt of the royalties specified in paragraph (4) above accompanied by its undertaking to comply with the conditions set out in same paragraph.

Gilles McDougall Acting Secretary General

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