Unlocatable Copyright Owners

Decision Information

Decision Content

Copyright Board Canada

Ottawa, August 20, 2007

FILE: 2007-UO/TI-23

UNLOCATABLE COPYRIGHT OWNERS

Commission du droit d’auteur Canada

Non-exclusive licence issued to the University of Manitoba Press (Professor Emma LaRocque), Winnipeg, Manitoba for the reproduction of a poem written by Sarain Stump

Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board grants a licence to the University of Manitoba Press (Professor Emma LaRocque) as follows:

(1) The licence authorizes the reproduction of the poem entitled I was mixing stars and sand written by Sarain Stump (1945-1974) from his book "There is my people sleeping" published by Gray Publishing, Sidney, B.C. The poem will be included in the book entitled "This is Home Now: Native Resistance Writing 1850-1990" written by Professor Emma LaRocque.

No more than 5,000 copies of the book shall be reprinted.

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 August 1, 2012. All books must be manufactured by that date.

(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 $100 to Access Copyright who may dispose of the amount as it sees fit for the general benefit of its members. It undertakes, however, to reimburse the amount to any person who establishes, before August 1, 2017, ownership of the copyright in the work covered in this licence.

(5) The licensee shall ensure that the following credit is prominently presented:

"I was mixing stars and sand" by Sarain Stump. Used with permission under a non-exclusive licence issued by the Copyright Board of Canada in co -operation with The Canadian Copyright Licensing Agency.

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(6) The coming into force of this licence is conditional on the filing with the Board of a receipt from Access Copyright for the amount of the royalties specified in the licence, 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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