Hello Brudenell,
It’s nice to see you here again.
This is what I came up with:
Information about Edna JAques:
“DNA JAQUES (1891 - 1978) Poet and Author - Saskatchewan. A gifted
poet who wrote 3000 poems during her lifetime, Edna grew up on a
Saskatchewan homestead. She sold many of her poems to newpapers and
later collections of her poetry also sold well, but Edna always had to
work at other jobs in order to provide a living for herself and her
daughter. Her poetry touched thousands of people with its warmth and
gentle wisdom”
Suggested reading:
Merritt, Susan E. Her Story II: Women from Canada's Past, Vanwell
Publishing, 1995.
Jaques, Edna, Uphill All the Way. Saskatoon: Western Producer Prairie
Books, 1977
http://www.niagara.com/~merrwill/herstory2.html#anchor284204
“Se was born in Saskatchewan in 1891.
She wrote about 3000 poems in her lifetime.
She took “In Flanders Fields” and wrote another poem based on John
McCrae’s poem and called it “IN FLANDERS NOW”
She wrote “IN FLANDERS NOW” in 1918.
She died in 1978.”
http://www.bridgetown.ednet.ns.ca/Amanda-Lynn%20Baskwell/WEB/Edna%20Jaques2_files/frame.htm#slide0002.htm
From the Prairie Social Cohesion Project:
“Edna Jaques wrote volumes of poetry one of which was a war poem
written in the twenties which raised one million dollars for war
relief”
http://uregina.ca/~sauchyn/socialcohesion/Social_Organization.htm
Information about the poem:
“This poem expresses the optimism felt at the end of the Great War.
Written in 1919, its message was premature. When will peace begin? “
In Flanders Field Now
(An answer to Lt. Col. John McCrae) by Edna Jaques
Original © The Heliotype Company, Ottawa, 1919
http://members.shaw.ca/justgen/newsletter5.html
Perhaps The Heliotype Company owns the copyright to this poem.
In Flanders Now (An answer to Lt. Col. John McCrae) by Edna Jaques
Original © The Heliotype Company, Ottawa, 1919
http://www.geocities.com/Heartland/Lake/3894/remembrance/flanders3.html
I searched the Canadian Copyright Database
http://strategis.ic.gc.ca/cipo/copyrights/jsp/search.jsp
for author Edna Jaques and obtained the following results.
Flanders Now is not on the list.
1. ROSES IN DECEMBER - 998808
2. BACKDOOR NEIGHBORS - 98808
3. THE GOLDEN ROAD - 61100
4. FIRESIDE POEMS - 55295
5. HILLS OF HOME - 47226
6. AUNT HATTIE'S PLACE - 29771
7. BRITONS AWAKE, - 27283
8. BESIDE STILL WATERS - 22459
9. DREAMS IN YOUR HEART - 19170
10. MY KITCHEN WINDOW - 15366
I then searched for Flanders in the title and obtained these results:
http://strategis.ic.gc.ca/cipo/copyrights/jsp/search.jsp
1. In Flanders Fields - 412828
2. Flanders Fields - 409688
3. In Flanders Fields - 409130
4. A DOG OF FLANDERS - 402364
5. IN FLANDERS FIELDS - 400489
6. IN FLANDERS FIELDS - 360028
7. FROM THE FORKS TO FLANDERS FIELD, THE HISTORY OF THE 27TH CITY OF
WINNIPEG BATTALION 1914-1919 - 359731
8. WELCOME TO FLANDERS FIELDS - 329654
9. Remembering in Flanders Field - 1002361
In Flanders Now is not on the list.
I then searched for the Heliotype Company as Agent, Author or Company
and found nothing.
From The Canadian Copyright Act:
“Virtually everyone living in Canada can enjoy the benefits of
automatic copyright protection.
Automatic protection for Canadian and foreign works
When you create a work or other subject-matter protected by copyright,
you will automatically have copyright protection provided that, at the
time of creation, you were:
A a Canadian citizen or a person ordinarily resident in Canada; or
B a citizen or subject of, or a person ordinarily resident in, a Berne
Copyright Convention country, a Universal Copyright Convention (UCC)
country, a Rome Convention country (for sound recordings, performer's
performances and communication signals only), or a country that is a
member of the World Trade Organization (WTO) country; or
C a citizen or subject or a person ordinarily resident in any country
to which the Minister has extended protection by notice in the Canada
Gazette.”
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html#section04
Duration of Copyright:
“Copyright ends at a legally defined point in time. These points in
time are set out in rules in the Copyright Act. There is one general
rule and many special rules that apply to certain kinds of works.”
General Rule:
“The general rule is that copyright lasts for the life of the author,
the remainder of the calendar year in which the author dies, and for
50 years following the end of the calendar year. Therefore, protection
will expire on December 31 of the 50th year. After that, the work
becomes part of the public domain and anyone can use it. For example,
Shakespeare's plays are part of the public domain;everyone has an
equal right to produce or publish them.”
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html#section11
“Where the author of a work is the first owner of the copyright
therein, no assignment of the copyright and no grant of any interest
therein, made by him, otherwise than by will, after June 4, 1921, is
operative to vest in the assignee or grantee any rights with respect
to the copyright in the work beyond the expiration of twenty-five
years from the death of the author, and the reversionary interest in
the copyright expectant on the termination of that period shall, on
the death of the author, notwithstanding any agreement to the
contrary, devolve on his legal representatives as part of the estate
of the author, and any agreement entered into by the author as to the
disposition of such reversionary interest is void.”
http://laws.justice.gc.ca/en/C-42/37792.html#rid-37890
Copyright Act
http://laws.justice.gc.ca/en/C-42/index.html
Given that copyright lasts for the life of the author, the remainder
of the calendar year in which the author dies, and for 50 years
following the end of the calendar year AND Edna Jaques died in 1978,
this poem would not be in the public domain for another 25 years.
I could not find anything useful for the Heliotype Company.
Perhaps you may have to go in this direction:
According to the Copyright Act
Circumstances in which licence may be issued by Board
Owners Who Cannot be Located
77. (1) Where, on application to the Board by a person who wishes to
obtain a licence to use
(a) a published work,
(b) a fixation of a performer's performance,
(c) a published sound recording, or
(d) a fixation of a communication signal
in which copyright subsists, the Board is satisfied that the applicant
has made reasonable efforts to locate the owner of the copyright and
that the owner cannot be located, the Board may issue to the applicant
a licence to do an act mentioned in section 3, 15, 18 or 21, as the
case may be.
http://laws.justice.gc.ca/en/C-42/38215.html#rid-38319
Brudenell, I didn’t post this information as the official answer
because I was not sure if it would be useful for you.
Please let me know what you think.
Best regards,
Bobbie7 |
