Copyright Board Commission du droit d’auteur Canada Canada [TRANSLATION] Ottawa, August 21, 2013 FILE 2012-UO/TI-10 UNLOCATABLE COPYRIGHT OWNERS Non-exclusive licence issued to Bibliothèque et Archives nationales du Québec (BAnQ), Montréal, Quebec, authorizing the reproduction and communication to the public by telecommunication of monographs
Pursuant to the provisions of subsection 77(1) of the Copyright Act, the Copyright Board of Canada grants a licence to Bibliothèque et Archives nationales du Québec (BAnQ).
(1) The licence authorizes the reproduction and the communication to the public by telecommunication and by other means of the following works (see Appendix A for the authorized uses):
1. Nelcya, Nogard ou le dragon qui voulait apprendre à vivre, Éditions de la Courte Échelle, 1981
2. D’Auteuil, Marie-Louise, Mémoires d’une souris canadienne, Éditions Albert Lévesque, 1932
3. Daveluy, Marie-Claire, La captivité de Chariot, Éditions Granger, 1938 4. Daveluy, Marie-Claire, Les aventures de Ferrine et de Chariot, Bibliothèque de l’Action française, 1923
5. Mélançon, Claude, Par terre et par eau, Le Soleil, 1928 The licence also authorizes the reproduction and communication to the public by telecommunication and by other means of the following work (see Appendix A for the authorized uses) to the extent that it is a work within the meaning of the Copyright Act:
6. Auger, Roland-J., Index onomastique des mémoires de la Société généalogique canadienne-française, 1944-1975, Publications audio-visuelles, 1984
(2) The issuance of the licence does not release the licensee from the obligation to obtain permission for any other uses not covered by this licence.
- 2 - (3) The licence shall expire in respect of a work when it becomes part of the public domain. (4) The licence is non-exclusive and valid only in Canada. For any other country, it is the law of that country that applies.
(5) The licensee shall pay $525.00 to the Société québécoise de gestion collective des droits de reproduction (COPIBEC), which may dispose of this amount as it sees fit for the general benefit of its members. COPIBEC undertakes, however, to reimburse any person who establishes ownership of the copyright in one or more of the works covered by this licence within a period of five years upon expiry of the licence in respect of a work.
(6) The licensee shall pay $100 for the sixth work, to the extent that it is a work within the meaning of the Act, to any person who establishes ownership of the copyright within five years of the expiry of the licence in respect of the work.
(7) The copyright owner may terminate this licence by presenting a written notice to this effect to the BAnQ. The BAnQ shall cease using 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 continues to be entitled to the royalties provided for in paragraphs (5) and (6).
(8) The licensee shall clearly indicate the bibliographic reference for the work used in accordance with standard conventions: title of the work, author, publisher, place and date of publication.
(9) For the first five works, the licensee must clearly state the following: [TRANSLATION] “This work is used under a non-exclusive licence issued by the Copyright Board of Canada. If you believe you hold the rights to works reproduced on this site, please contact the Société québécoise de gestion collective des droits de reproduction (COPIBEC)”.
(10) The coming into force of this licence is conditional on COPIBEC filing with the Board a Notice of Receipt of Payment and Undertaking in which it undertakes to comply with the conditions set out in paragraph (5) and on the licensee’s undertaking to comply with the conditions set out in paragraph (6).
Gilles McDougall Secretary General
File 2012-UO/ TI-10 Appendix A Authorized Uses
• Reproduce the work in digital form and communicate it to the public by telecommunication via the BAnQ’s Internet portal.
• Allow users of the BAnQ's Internet portal to use the disseminated work for educational purposes, private study or research provided that the source is acknowledged.
• Reproduce the work or one or more pages of the work in any form and communicate it to the public by any means, including all media, present and future, including social media in the context of activities or publications resulting from the BAnQ’s mandate.
• Reproduce the work in any form for the non-commercial promotion of the above-mentioned activities, and communicate it to the public, in all media, present and future, including social media.