Owners Who Cannot be Located
Marginal note:Circumstances in which licence may be issued by Board
77. (1) Where, on application to the Board by a person who wishes to obtain a licence to use
(a) a published work,
(b) a fixation of a performer’s performance,
(c) a published sound recording, or
(d) a fixation of a communication signal
in which copyright subsists, the Board is satisfied that the applicant has made reasonable efforts to locate the owner of the copyright and that the owner cannot be located, the Board may issue to the applicant a licence to do an act mentioned in section 3, 15, 18 or 21, as the case may be.
Marginal note:Conditions of licence
(2) A licence issued under subsection (1) is non-exclusive and is subject to such terms and conditions as the Board may establish.
Marginal note:Payment to owner
(3) The owner of a copyright may, not later than five years after the expiration of a licence issued pursuant to subsection (1) in respect of the copyright, collect the royalties fixed in the licence or, in default of their payment, commence an action to recover them in a court of competent jurisdiction.
(4) The Copyright Board may make regulations governing the issuance of licences under subsection (1).
- 1997, c. 24, s. 50.
Compensation for Acts Done Before Recognition of Copyright or Moral Rights
Marginal note:Board may determine compensation
78. (1) Subject to subsection (2), for the purposes of subsections 32.4(2), 32.5(2), 33(2), 33.1(2) and 33.2(2), the Board may, on application by any of the parties referred to in one of those provisions, determine the amount of the compensation referred to in that provision that the Board considers reasonable, having regard to all the circumstances, including any judgment of a court in an action between the parties for the enforcement of a right mentioned in subsection 32.4(3) or 32.5(3).
(2) The Board shall not
(a) proceed with an application under subsection (1) where a notice is filed with the Board that an agreement regarding the matters in issue has been reached; or
(b) where a court action between the parties for enforcement of a right referred to in subsection 32.4(3) or 32.5(3), as the case may be, has been commenced, continue with an application under subsection (1) until the court action is finally concluded.
Marginal note:Interim orders
(3) Where the Board proceeds with an application under subsection (1), it may, for the purpose of avoiding serious prejudice to any party, make an interim order requiring a party to refrain from doing any act described in the order until the determination of compensation is made under subsection (1).
- 1997, c. 24, s. 50;
- 2012, c. 20, s. 57.
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