Copyright Board Commission du droit d’auteur Canada Canada [TRANSLATION] Ottawa, February 10, 2012 FILE 2011-UO/TI-25 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to the National Film Board of Canada, Saint-Laurent, Quebec, for the reproduction of a photograph and its incorporation into a documentary film
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board issues a licence to the National Film Board of Canada as follows:
(1) The licence authorizes the reproduction of a photograph that appeared in the June 10, 1980, edition of La Presse and its incorporation into a documentary entitled 30 tableaux , which was produced by Paule Baillargeon starting in October 2011.
The photograph is in black and white and is part of a collage made by Ms. Baillargeon at the time.
The cinematographic image of the photograph will be shown for no more than 22 seconds in the 75-minute documentary film.
The licence also authorizes the public performance and communication to the public by telecommunication of the photograph thus incorporated as well as the reproduction of the documentary film in any format for purposes of distribution for private viewing, as part of the documentary film’s use.
(2) The licence will expire with respect to the work when the work enters the public domain. (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 licence is retroactive to the date of the first reproduction of the image in the documentary film described in paragraph (1) above.
(5) The National Film Board of Canada will pay $450 to the Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC), which may dispose of this amount as it sees fit for the general benefit of its members. SODRAC undertakes,
- 2 - however, to reimburse any person who establishes, no later than five years after the work enters the public domain, ownership of rights in the work covered by this licence.
(6) The coming into force of this licence is conditional on SODRAC filing with the Board the receipt for the amount of royalties set in the licence, accompanied by an undertaking by SODRAC to comply with the conditions set out in paragraph (5) above.
Gilles McDougall Secretary General