Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Commission du droit d’auteur Canada

UNLOCATABLE COPYRIGHT OWNER FILE 2024-UO/TI-05 Ottawa, April 16, 2024 Non-exclusive licence issued to Canadian Heritage (Government of Canada), Gatineau (Quebec) authorizing the reproduction and the exhibition in public of a photograph pursuant to subsection 77(1) of the Copyright Act

The licence authorizes the use of the 1980 photography of Paralympic swimmer Timothy McIsaac that has been previously published in the July 9, 1980 issue of the Winnipeg Tribune Newspaper.

The licence authorizes i. One reproduction of the photograph onto a 48" x 48" panel; and ii. The exhibition in public of the panel The licence is valid from March 28, 2024 to December 1, 2024. The issuance of the licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.

The licence is non-exclusive and valid only in Canada. For other countries, it is the law of that country that applies.

The licensee will pay the sum of $456.75 to anybody who establishes, within 5 years upon expiry of this licence, ownership of the copyright in the work covered in this licence.

The copyright owner can terminate the licence by presenting a written notice to this effect to the licensee. The licensee will cease using prospectively the work for the uses granted in this licence, no later than 30 days after the receipt of the notice. The copyright owner who terminates the licence is still entitled to the royalties described in paragraph 6.

Lara Taylor 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.