Re: Re: rights for defunct newspaper?

In-Reply-To: <list-13158027[_at_]cni.org>
"Wallace J.McLean" <ag737[_at_]freenet.carleton.ca> wrote:

> I don't think this principle has yet been recognized in Canadian law;
> it's certainly not in the Copyright Act. Rights of succession, etc.,
> are under provincial jurisdiction, but I don't know off hand if any
> provincial statute covers off such a thing.

I am neither a Canadian nor a lawyer, but: it wouldn't be in copyright law, it'd be in corporate law.

And how often does bona vacantia get used? In the UK, when a company is insolvent a receiver is appointed, with a duty to realise the assets and distribute cash among the creditors - so almost always the rights would be sold on, unless the receiver were incompetent.

So does _bv_ apply only when a company ceases to file returns, the directors cannot be found, and no-one initiates insolvency proceedings?

Mike Received on Wed Mar 08 2006 - 02:25:31 GMT