Re: Re: rights for defunct newspaper?

Hi Mike.

I just noticed what you said regarding."the directors cannot be found" I have found the former director/shareholder and it hasnt occured to me that he might still have some IP rights, (seeing as the compnay wasnt liquidated)

Could you or anyone please shed some light on this?

Regards

Jake

• Original Message ----- From: "Mike Holderness" <mch[_at_]cix.compulink.co.uk> To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org> Sent: Tuesday, March 07, 2006 9:25 PM Subject: [CNI-(C)] 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
>
>
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Received on Wed Mar 08 2006 - 05:15:30 GMT