Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, February 13, 2008

FILE: 2008-UO/TI-01

UNLOCATABLE COPYRIGHT OWNERS

Commission du droit d’auteur Canada

Non-exclusive licence issued to McElvaine Investment Management Ltd., Vancouver, B.C., authorizing the use of a short story in an annual report and in a promotional film

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to McElvaine Investment Management Ltd., as follows:

(1) The licence authorizes the production, reproduction, incorporation and publication of the following work in the licensee's annual reports, and to reproduce, make, convert and incorporate the same work in a 6-minute promotional film for commercial or marketing purposes:

Work identified as a joke based on a variation of the short story titled “The Princess and the Frog”.

This licence does not release the licensee from the obligation to obtain permission for any other use not covered by this licence.

(2) The licence expires on March 31, 2018.

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

(4) McElvaine Investment Management Ltd. will pay $150 to Access Copyright, The Canadian Copyright Licensing Agency, who may dispose of the said amount as it sees f it for the general benefit of its members. Access Copyright undertakes, however, to reimburse the amount to any person who establishes, before March 31, 2023, ownership of the copyright of the work covered by this licence.

(5) The licensee shall ensure that the following credit in included in the publication of their work:

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“This version of the short story The Princess and the Frog is used with permission under a non-exclusive licence issued by the Copyright Board of Canada in co -operation with The Canadian Copyright Licensing Agency, as its author remains unknown.”

(6) The coming into force of this licence is conditional on Access Copyright fili ng with the Board the notice of receipt of the above amount accompanied by Access Copyright's undertaking to comply with the conditions set out in paragraph (4) above.

Claude Majeau Secretary General

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