Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, January 12, 2001

Commission du droit d’auteur Canada

FILE: 2000-UO-TI-28 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to Eileen Roycroft, Simpson, Saskatchewan, for the reproduction of musical works on CD-ROM Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Eileen Roycroft as follows: (1) The licence authorizes the reproduction on CD-ROMs of the following musical works: The Storm by Henry Weber, Copyright 1935, arranged by Mort Glickman and published by Calumet Music Co., Chicago, Illinois (year unknown); Laughing Water by R.H. Agar, Copyright 1904, published by A. Cox & Co. Music Publishers, Toronto, Ontario (year unknown); Edelweiss Glide Waltz by F.E. Vanderbeek * Royal March by S.E.P. Winner * The Whip-Poor-Will's Song, original melody by Harrison Millard, arranged by Miss Ida * The last three songs were published in The Mammoth Folio of Music for the Piano by Whaley, Royce & Co. Ltd., Toronto, Ontario (year unknown). Issuance of the licence does not release the applicant from the obligation to obtain permission for any other use not covered by this licence. No more than 500 CD-ROMs shall be reproduced. (2) The licence expires on December 31, 2001. 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.

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(4) Eileen Roycroft will pay the sum of $185 (7.4¢ per song per copy) to the Canadian Musical Reproduction Rights Agency Ltd. (CMRRA) who may dispose of the amount as it sees fit for the general benefit of its members. CMRRA undertakes, however, to reimburse the amount to any person who establishes, before December 31, 2006, ownership of the copyright in the works covered by this licence. (5) The coming into force of this licence is conditional on the filing with the Board of a receipt from CMRRA for the amount of the royalties specified in the licence, accompanied by CMRRA's undertaking to comply with the conditions set out in paragraph (4) above.

Claude Majeau Secretary General

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