Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Commission du droit d’auteur Canada Canada Ottawa, October 30, 1998 FILE: 1998-UO/TI-13 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to Athabasca University, Athabasca, Alberta, authorizing the reprint of two short stories as reading material for an English course

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

(1) The licence authorizes the reprint of the following works as reading material in their English 335 course:

The Tree, by Maria Luisa Bombal, reprinted from Short Stories of Latin America, 1963, Las Americas Publishing Company (Total: 10 pages);

In the Beginning, by Humberto Costantini from De por agui nomas, 1958, reprinted from The Eye of the Heart, edited by Barbara Howes, 1973 (Total: 8 pages).

No more than 75 copies of each work will be reprinted. (2) The licence is for a period of three years and expires on October 30, 2001. (3) The licence is non-exclusive and valid only in Canada. (4) Athabasca University will pay the sum of $67.50 to the Canadian Copyright Licensing Agency (CANCOPY), who will dispose of the amount as it sees fit f or the general benefit of its members. It undertakes, however, to reimburse any person who establishes before October 30, 2006, ownership of the copyright of the works covered by this licence.

(5) The coming into force of this licence is conditional on the applicant's filing with the Board a receipt from CANCOPY for the amount of the royalty specified in the licence, accompanied by CANCOPY's undertaking to comply with the conditions set out in paragraph (4) above.

Claude Majeau Secretary to the Board

 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.