Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, November 22, 2000

Commission du droit d’auteur Canada

FILE: 2000-UO/TI-25 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to the National Archives of Canada for the digital reproduction and communication to the public of excerpts of works on their Internet site Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to the National Archives of Canada as follows: (1) The licence authorizes the digital reproduction and the communication to the public of excerpts of the following works on the National Archives of Canada’s Internet site at: www.archives.ca in the exhibition entitled “The Canadian Memory”:

The Canadian Girl Who Has Won World-Wide Fame by Carol Lawrence, as published in 1916 by the National Council of Women of Canada in Women’s Century, Volume 4, No. 1, page 8; Two pages from John T. Winterich’s book Mademoiselle from Armentières, published by Peter Pauper Press of Mount Vernon, New York, in 1953.

Issuance of this licence does not release the applicant from the obligation to obtain permission for any other use not covered by this licence. (2) The licence expires on December 31, 2010. The authorized digital reproduction and communication to the public must therefore be completed by that date. (3) Each reproduced excerpt shall contain copyright credit information as follows: ©[name of copyright owner] [year of publication]. Rights for digital reproduction and communication to the public obtained by licence issued by the Copyright Board of Canada in cooperation with the Canadian Copyright Licensing Agency (CANCOPY). Any alteration, further distribution or sale of this excerpt, in any form, is strictly prohibited.

(4) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies. (5) The National Archives of Canada will pay the sum of $500 ($250 for each excerpt) to the Canadian Copyright Licensing Agency (CANCOPY) who may dispose of the amount as it sees fit for the general benefit of its members. CANCOPY undertakes, however, to reimburse any person who establishes, before December 31, 2015, ownership of the copyright of the works covered by this licence. (6) 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 (5) above.

Claude Majeau Secretary General

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