Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Commission du droit d’auteur Canada Canada [TRANSLATION] Ottawa, February 14, 2017 FILE 2016-UO/TI-17 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to Jeremiah Dhavernas and Anaïs-Airelle Dupine, Montréal, Quebec, authorizing the reproduction, distribution and communication to the public of the text in a book

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board of Canada grants a licence to Jeremiah Dhavernas and Anaïs-Airelle Dupine:

(1) The licence authorizes the reproduction, republication and distribution on paper and the making available to the public on digital media of the text on pages 9 to 142 of the work entitled Les fous crient au secours! Témoignage d’un ex-patient de Saint-Jean-de-Dieu by Jean-Charles Pagé, published by Les Éditions du Jour in 1961.

(2) The licence is issued for: (i) a maximum of 1,200 printed copies; and (ii) access to the digital version for the period provided for in paragraph (4). (3) 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.

(4) The licence is valid from September 1, 2017, to August 31, 2027. Any uses authorized by this licence must therefore be completed by that date.

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

(6) 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.

- 2 - (7) The licensee shall pay the Société québécoise de gestion collective des droits de reproduction (COPIBEC) an initial sum of $120 for the first 100 printed copies (including promotional copies) and according to a sales report submitted by the licensee to COPIBEC no later than 90 days after June 1 of each year, an annual payment equal to 5% of the retail price for each additional copy or access to the digital version sold or distributed within the previous 12 months. COPIBEC may dispose of the amount of the royalties fixed by the licence as it sees fit for the general benefit of its members. COPIBEC undertakes, however, to reimburse any person who, by August 31, 2032, establishes ownership of the copyright in the work covered by this licence.

(8) 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 (7), above.

Gilles McDougall Secretary General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.