Re: Copyright in Personal Letters

From: Lucy White <lwhite[_at_]cancopy.com>
Date: Wed, 30 Jul 1997 11:56:21 -0400

On 29 July, 1997, Eric Zohn <ezohn[_at_]wma.com> wrote:
>
> I know we've discussed this issue before, but the following fact
> pattern has presented itself:
>
> An author is writing a book on sports history and wants to
> reproduce, in their entirety, private letters written by players to
> fans throughout this century that he has acquired from various
> sources. The letters have never been published before.
>
> I know that ownership of the letters does not give him ownership of
> the copyright in the letters. Many of the players were obscure and
> finding their heirs would be almost impossible. Does anyone know
> of any type of authority, e.g. a fair use case, that I could use to
> advise the author?

For Canadians in a similar situation, you could apply to the Copyright Board (Ottawa) for a licence to reproduce the works of an unlocatable copyright owner. You would have to prove that a reasonable search for the owner had been undertaken before making your application but the process once underway is quite quick and painless.

For more information, contact

Copyright Board Canada
56 Sparks Street, Suite 800
Ottawa, ON
K1A 0C9

tel: (613) 952-8621
fax: (613) 952-8630

---

Lucy White
Associate Director
CANCOPY
6 Adelaide Street East, Suite 900
Toronto, ON M4C 1H6
tel: (416) 868-1620
fax: (416) 868-1621
Email: lwhite[_at_]cancopy.com
Homepage: www.cancopy.com Received on Wed Jul 30 1997 - 15:56:41 GMT