Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, January 25, 2001

Commission du droit d’auteur Canada

FILE: 2001-UO-TI-01 UNLOCATABLE COPYRIGHT OWNER Non-exclusive licence issued to Pierrot Concerts authorizing the use and mechanical reproduction of a poem written by Diana Skala Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Pierrot Concerts, for The Somers Recording Project, as follows: (1) The licence authorizes the use and mechanical reproduction of a poem entitled A Bunch of Rowan, written by Diana Skala, adapted by Harry Somers in the musical work of the same name and published by Broadcast Music, Inc. in 1948. No more than 1,200 copies of the recording shall be made, to be distributed under the Centredisc label of the Canadian Music Centre. The issuance of the 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, 2005. All authorized uses 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 applicant shall reproduce the following copyright information on the labels affixed to the recordings: A Bunch of Rowan by Diana Skala, 1948. Used under licence issued by the Copyright Board of Canada in cooperation with the Canadian Copyright Licensing Agency (CANCOPY). (5) Pierrot Concerts will pay the sum of $31 to the Canadian Copyright Licensing Agency (CANCOPY), who will dispose of the amount as it sees fit for the general benefit of its members. It undertakes to reimburse any person who establishes, before December 31, 2010 ownership of the copyright in the work covered by this licence.

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(6) The coming into force of this licence is conditional on the filing with the Board of 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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