Copyright Board Commission du droit d’auteur Canada Canada [TRANSLATION] Ottawa, May 23, 2013 FILE 2011-UO/TI-29 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to the Bibliothèque et Archives nationales du Québec (BAnQ), Montréal, Quebec, authorizing the reproduction and communication to the public by telecommunication of periodicals and theater programs
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board of Canada grants a licence to the Bibliothèque et Archives nationales du Québec (BAnQ).
(1) The licence authorizes the reproduction and communication to the public by telecommunication and by other means of the following works (see Appendix A for the authorized uses):
Periodicals • Revue du Foyer (published monthly between 1929 and 1930 and edited by Emma Gendron [1895–1952] and Joseph-Arthur Homier [1875–1934]).
• Revue de Manon (published bi-monthly between 1925 and 1930 and edited by Emma Gendron [1895–1952]).
Theatre programs • Montreal Repertory Theatre (programs published in the 1930s to 1960s by the Montreal Repertory Theatre) – 65 programs.
• Théâtre Arcade (programs published in the 1940s by Théâtre Arcade) – 102 programs.
(2) The issuance of the licence does not release the licensee from the obligation to obtain permission for any other uses not covered by this licence.
(3) The licence shall expire in respect of a work when that work becomes part of the public domain.
- 2 - (4) The licence is non-exclusive and valid only in Canada. For any other country, it is the law of that country that applies.
(5) The licensee shall pay $416.20 to the Société québécoise de gestion collective des droits de reproduction (COPIBEC), which may dispose of this amount as it sees fit for the general benefit of its members. COPIBEC undertakes, however, to reimburse any person who establishes ownership of the copyright in one or more of the works covered by this licence.
(6) The copyright owner may terminate this licence by presenting a written notice to this effect to the BAnQ. The latter shall cease the uses granted in this licence no later than 30 days upon receipt of the notice. The copyright owner who terminates the licence is still entitled to the royalties described in paragraph (5).
(7) The licensee shall clearly indicate the bibliographic reference for the work used in accordance with standard conventions: title of the work, author, publisher, place and date of publication.
(8) The licensee must clearly state the following: [TRANSLATION] “Some works are used with permission under a non-exclusive licence issued by the Copyright Board of Canada. If you believe you hold the rights to works reproduced on this site, please contact the Société Québécoise de gestion collective des droits de reproduction (COPIBEC)”.
(9) The coming into force of this licence is conditional on COPIBEC filing with the Board a Notice of Receipt of Payment and Undertaking in which it undertakes to comply with the conditions set out in paragraph (5).
Gilles McDougall Secretary General
File 2011-UO/TI-29 Appendix A Authorized uses granted by types of works
Periodicals: • Reproduce the work in digital form and communicate it to the public by telecommunication via the BAnQ’s Internet portal.
• Allow users of the BAnQ’s Internet portal to use the disseminated work for educational reasons, private study or research provided that the source is acknowledged.
• Reproduce the work in any form and communicate it to the public by any means, including all media, present and future, including social media in the context of activities or publications resulting from the BAnQ’s mandate.
• Reproduce the work in any form for the non-commercial promotion of the above-mentioned activities, and communicate it to the public, in all media, present and future, including social media.
Theatre programs: • Reproduce the work in digital form and communicate it to the public by telecommunication via the BAnQ’s Internet portal, including in its Iris catalog.
• Allow users of the BAnQ’s Internet portal to use the disseminated work for educational reasons, private study or research provided that the source is acknowledged.
• Exhibit and reproduce the work or parts of the work in any form and communicate it to the public by any means in the context of activities or publications resulting from the BAnQ’s mandate.
• Reproduce the work or parts of the work in any form and communicate it to the public by any means, including all media, present and future, including social media, for the non-commercial promotion of the above-mentioned activities.