Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Commission du droit d’auteur Canada

Ottawa, December 15, 2000 FILE: 2000-UO/TI-34 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence delivered to Donald Rutherford, Abbotsford, B.C. authorizing the reproduction of newspaper articles in a book Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board issues the following licence to Donald Rutherford: (1) The licence authorizes the reproduction of various articles published in the Wainwright Star newspaper during the years 1908 to 1918 in a book entitled “Wainwright History” written by the applicant. The total number of copies of each article shall not exceed 300. 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, 2002. The authorized reproduction must therefore be completed by that date. (3) The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies. (4) The licence fee is set at 45¢ for each copy of the book sold (i.e. 3% of book's suggested retail sale price of $15). The Battle River Historical Society of Wainwright, Alberta, will retain the fees for any future claim of copyright. (5) Any person who establishes, before December 31, 2007, ownership of the copyright in a work covered by this licence, shall be entitled to 100 per copy per article reproduced to be paid by the Battle River Historical Society. Should the total amount of claims exceed the licence fees set out in paragraph (4), each claim shall be reduced pro rata. (6) The coming into force of this licence is conditional on the Battle River Historical Society filing with the Board an acknowledgment of their undertaking to comply with the conditions set out in paragraphs (4) and (5) above.

Claude Majeau 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.