Copyright Board Commission du droit d’auteur Canada Canada [TRANSLATION] Ottawa, July 26, 2016 FILE 2015-UO/TI-31 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to Bibliothèque et Archives nationales du Québec (BAnQ), Montréal, Quebec, authorizing the reproduction and communication to the public by telecommunication of periodicals
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board of Canada issues a licence to BAnQ.
(1) The licence authorizes the reproduction and communication to the public by telecommunication (and other methods, see the Appendix for the Permitted Uses) of the following compilation works:
1. Chroniques (1975-1978); 2. La barre du jour (1965-1977) and La Nouvelle barre du jour (1977-1990); 3. Le Courrier du Cinéma / Courrier du cinéma et du foyer (1935-1954); 4. Le Sorelois (1879-1966); and 5. Paysana (1938-1949 and 1978-1981). (2) Issuance of this licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.
(3) BAnQ cannot modify the compilation works and must respect the moral rights of the authors.
(4) The licence is effective on the day it is issued. It is valid only to the extent that the compilation work is not in the public domain and has been published within the meaning of the Act. It expires when the compilation work enters the public domain.
- 2 - (5) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies.
(6) Upon request by the owner of the rights in a compilation work covered by the licence, made no later than five years after the expiry of the licence regarding this compilation work, BAnQ will pay $250.
(7) The owner of the rights to a compilation work covered by the licence may request the removal of this work from BAnQ’s internet portal by sending BAnQ written notice. Within a reasonable period of time following receipt of such notice, which may not exceed 45 days, BAnQ will remove the compilation work from its internet portal. Uses made prior to the removal of the compilation work will remain subject to the licence. The owner who requests the withdrawal of their compilation work is entitled to one-third of the royalties if the withdrawal takes place within one year following the granting of the licence, to two thirds if the withdrawal is made after one year but less than five years after that date, or to the total amount thereafter.
(8) BAnQ provides on its portal information informing the internet user of the limits that the Act or this licence imposes on the use of the compilation work as well as the rights that users enjoy under the Act.
(9) The coming into force of this licence is conditional on the filing with the Board of BAnQ’s undertaking to comply with the conditions stipulated in paragraph (6).
Gilles McDougall Secretary General
File: 2015-UO/TI-31 Appendix Permitted Uses
• Reproduce the compilation work in digital form and communicate it to the public by telecommunication via BAnQ’s internet portal.
• Allow users of BAnQ’s internet portal to use the compilation work for education, private study or research purposes, as long as the source is indicated.
• Reproduce the compilation work, in any form whatsoever, and communicate it to the public, by any means whatsoever, notably in all media, current and future, including social media, as part of activities or publications resulting from BAnQ’s projects .