Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, September 13, 2006

Commission du droit d’auteur Canada

FILE: 2006-UO/TI-29 UNLOCATABLE COPYRIGHT OWNER Non-exclusive licence issued to Dr. Graham Carr, authorizing the reproduction of certain literary and artistic works Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to Dr. Graham Carr. (1) The licence authorizes the reproduction, in an article to be published in the Fall, 2006 edition of the Journal of Canadian Studies, of the following works: a. photograph of Glenn Gould taken by Mr. John Steele in 1995 and reproduced on a poster advertising a November 15, 1955 performance at the Concerts symphoniques de Sherbrooke; b. photograph of Glenn Gould attributed to McKague Studios and reproduced on the cover of the December 8, 1956 edition of Saturday Night magazine; c. article entitled Pianist Uses "Stop", "Go" Pills, written by Bruce Lowther, printed in the December 5, 1955 edition of the Victoria Daily Colonist; d. four photographs credited to FedNews and published on page 16 of the August 2 , 1958 edition of the Star Weekly with an article entitled Keyboard Whiz Kid; e. page design for an article and photos by Jock Carroll, featuring Glenn Gould, published in the July 7, 1956 edition of Weekend Magazine; f. article entitled The Genius who doesn't want to play written by Gladys Shenner and published in the April 28, 1956 of MacLean's. g. This licence does not release the licensee from the obligation to obtain permission for any other use not covered in this licence. (2) The licence expires on December 31, 2006. The authorized reproduction must therefore be completed by that date.

- 2 -

(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 licensee will pay the sum of $25 to any person, other than a person who has already authorized the contemplated use, who establishes, before December 31, 2011, ownership of the copyright in a work covered in this licence. (5) The licensee shall ensure that the relevant captions, footnotes and acknowledgments mention that the works used pursuant to this licence are being used under a non-exclusive licence issued by the Copyright Board of Canada. (6) The coming into force of this licence is conditional on the licensee filing with the Board his undertaking to comply with the conditions set out in paragraph (4) above.

Claude Majeau 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.