Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Commission du droit d’auteur Canada Canada Ottawa, February 7, 2019 FILE: 2018-UO/TI-15 UNLOCATABLE COPYRIGHT OWNER Non-exclusive licence issued to Birch Kuch, Wells, British Columbia, authorizing the recording and mechanical reproduction of a musical work

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

(1) The licence authorizes the recording and mechanical reproduction of the musical work entitled Four String Polka by Graham Townsend.

No more than 1000 copies of the work will be reproduced on CD. 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 is valid as of January 1, 2018, and expires January 1, 2023. The 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 the country that applies.

(4) The licensee will pay the sum of $83.00 to the Canadian Musical Reproduction Rights Agency (CMRRA) who may dispose of this 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 January 1, 2028, ownership of copyright of the work covered by this licence.

(5) The coming into force of this licence is conditional on CMRRA filing with the Board the Notice of Receipt of Payment and Undertaking which confirms that the royalties, as specified in paragraph (4) have been received and that CMRRA undertakes to comply with the conditions set out in same.

Gilles McDougall 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.