Re: Dubbing rights from defunct distributors/producers

Oksana Dykyj (
Thu, 24 Jan 2002 12:05:40 -0800 (PST)


I'm sure your administration will want you to have checked out the
Copyright Board Canada Unlocatable Copyright Owners Brochure:

You really should check with your institution's legal counsel on how they
want to proceed.
"Damaged" "obsolete" etc. are not interpreted, that's left for the courts
to decide. Cover yourself really well with a fat file of paperwork showing
how much work you've done to locate the copyright holder.


And to quote the law

Libraries, Archives and Museums
Management and
maintenance of
30.1 (1) It is not an infringement of
copyright for a
library, archive or museum or a person
acting under the
authority of a library, archive or museum
to make, for the
maintenance or management of its
permanent collection
or the permanent collection of another
library, archive or
museum, a copy of a work or other
whether published or unpublished, in its

(a) if the original is rare or
unpublished and is

(i) deteriorating, damaged or lost, or

(ii) at risk of deterioration or
becoming damaged or

(b) for the purposes of on-site
consultation if the
original cannot be viewed, handled or
listened to
because of its condition or because of
the atmospheric
conditions in which it must be kept;

(c) in an alternative format if the
original is currently in
an obsolete format or the technology
required to use
the original is unavailable;

(d) for the purposes of internal
record-keeping and

(e) for insurance purposes or police
investigations; or

(f) if necessary for restoration.
(2) Paragraphs (1)(a) to (c) do not
apply where an
appropriate copy is commercially
available in a medium
and of a quality that is appropriate for
the purposes of
subsection (1).
Destruction of
intermediate copies
(3) If a person must make an
intermediate copy in
order to make a copy under subsection
(1), the person
must destroy the intermediate copy as
soon as it is no
longer needed.
(4) The Governor in Council may make
regulations with
respect to the procedure for making
copies under
subsection (1).

1997, c. 24, s. 18; 1999, c. 31, s. 59(E).

At 11:14 AM 1/24/02 -0800, you wrote:
> Can anyone explain to me how a library can set aside fees for dubbing
>a video (from a 16mm original, or whatever) when the rights holder has
>vanished? I understood that a library could set up an account where the
>money would be held for a length of time (how long?) after which the
>library could declare a "statute of limitations" and reclaim the money.
> I can't imagine getting this past our auditors, but we have some 16mms
>which are fading away on us and the instructors are quite devoted to them.
>Anecdotally, one is about children at play, and the instructor insists that
>we don't play as well as we used to, so the 30-year old film is a better
>demonstration than anything currently available.
> I am particularly interested in hearing if anyone has done this in a
>Canadian context.
> Stephen Davies
> Mount Royal College, Calgary

Oksana Dykyj voice: 514-848-3443
Head, Visual Media Resources fax: 514-848-3441
Instructional & Information Technology Services
Concordia University
H-335, 1455 de Maisonneuve Blvd. W,
Montreal, Quebec
Canada H3G 1M8