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.
A copy of the decision is available here.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
