Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, March 9, 2020

Commission du droit d’auteur Canada

FILE: 2019-UO/TI-21 UNLOCATABLE COPYRIGHT OWNER Non-exclusive licence issued to Good Lovelies, Toronto, Ontario, authorizing the mechanical and digital reproduction, the distribution by transfer of ownership, the making available and the communication to the public by telecommunication of a musical work Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Good Lovelies as follows: (1) The licence authorizes the mechanical and digital reproduction, the distribution, in the case of CDs and vinyls, by transfer of ownership, by sale or otherwise, the making available and the communication to the public by telecommunication of the musical work “You Don’t Have to Be A Santa Claus” written by Seger Ellis. No more than 2,200 copies of the work will be reproduced on CD and vinyls. 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 October 1, 2019, and expires October 31, 2024. 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 $182, 60 to the Canadian Musical Reproduction Rights Agency (CMRRA) for the mechanical rights. CMRRA 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 October 31, 2029, ownership of copyright of the work covered by this licence. (5) With respect to the rights related to digital uses, the licensee will pay to any person who establishes, before October 31, 2029, ownership of the copyright of the work covered in this

licence, royalties amounting to 25 per cent of gross revenue received by the licensee in relation to the digitals uses of the musical work. (6) The coming into force of this licence is conditional on: a. 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. b. The licensee filing with the Board the Notice of Undertaking to comply with the conditions set out in paragraph (5) above.

Lara Taylor Secretary General

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