Under the Copyright Act, where someone wishes to make
use of a copyrighted work but is not able to locate the copyright
owner, they can apply to the Copyright Board for a license to use
the work. The Copyright Board has the power to issue a
non-exclusive license on terms and conditions that the Board may
establish.
On 8 January 2025, the Copyright Board granted Free Agency
Creative a license to use an undated and unattributed postcard
titled View of Howe Sound and Squamish from Garibaldi
Park. The license permits Free Agency Creative to reproduce
the postcard at a community information center and at the community
center's website, as well as on a printed brochure.
The decision from the Copyright Board is a reminder of the
importance of ensuring that appropriate licenses to use works are
obtained, even if the owners of the works are not locatable.
