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Q: Copyright of response poem to: In Flanders Fields ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Copyright of response poem to: In Flanders Fields
Category: Reference, Education and News > General Reference
Asked by: brudenell-ga
List Price: $10.00
Posted: 24 Sep 2003 11:18 PDT
Expires: 24 Oct 2003 11:18 PDT
Question ID: 259815
A response poem to 'In Flanders Fields'By: Lieutenant Colonel John
McCrae, MD (1872-1918) Canadian Army- titled "In Flanders Now" - was
written (possibly in 1918) by a nurse named Edna Jaques, born in
Saskatchewan, Canada in 1897 . She died in 1978. See poem :
http://rcl554.webcentre.ca/commem/Poems.html

My question is: Who would I be able to contact regarding the copyright
on this poem?

A tip will be paid for detailed background information on this
response poem. Thank you for your interest in my question.

Clarification of Question by brudenell-ga on 24 Sep 2003 11:31 PDT
Correction: It appears that Edna Jaques was born in 1891
Answer  
Subject: Re: Copyright of response poem to: In Flanders Fields
Answered By: chromedome-ga on 09 Oct 2003 14:40 PDT
Rated:5 out of 5 stars
 
Hello again, Brudenell, and welcome back!

In my younger days I lived for a couple of years in Saskatchewan. 
They tend to be very sensitive about their reputation as a place where
a) nothing happens, and b) everyone's grandest ambition is to leave. 
Consequently, nothing of significance goes unpreserved and
unremembered.

Knowing this, I quickly located the Saskatchewan Provincial Archives:
I could have gone to the main provincial site and linked from there,
but in this case I used Google and the keywords Saskatchewan
Government Archives.  Having tried and failed to find anything other
than a record of Ms. Jaques' published titles residing in the city and
university libraries, I submitted "our" inquiry by e-mail.  I received
a very full and useful answer today.

While Ms. Jaques had published individual poems as early as age 13,
her first collection was published only in the 1930's.  The poem you
are interested in, "In Flanders Now", was finally collected in 1941's
Beside Still Waters; published by Thomas Allen Ltd. of Toronto.  You
will find the poem on page 14.  One suspects that its theme may have
struck the publishers as timely, in that pivotal year of the next war.

The copyright, as you know, is held by the author's heirs for a period
of fifty years after the author's death.  At the time Ms. Jaques'
papers were donated to the Saskatchewan archives, the donor was her
only daughter Joyce; Joyce (or her successors) will be the copyright
holder until 2028.

The chief archivist sent me an attachment providing Joyce's last known
address and married name; as well as a biographical sketch of Edna
Jaques' life and a precis of the biographical materials in the
collection.  These last include a variety of papers, including her
original notebooks and drafts of her published works.

The biographical sketch gives her place of birth as Collingwood, ON,
though her family moved to what is now Briercrest, Saskatchewan when
she was 11 years old.  It was two years later that she published her
first poem in the Moose Jaw Times.  The biographical sketch notes
laconically that she was "married briefly" in 1921, a circumstance
which left her a struggling single mother (at a time when that was
much, much, rarer than it is now).  She worked at a variety of jobs to
support herself and her daughter, eventually becoming a popular
speaker throughout Canada and the US.  The struggles of those years
are reflected in the title of her autobiography: Uphill All The Way. 
Jacques would continue writing almost until the time of her death in
her native Ontario in 1978.

I have uploaded the attachment detailing the materials held in the
Jaques collection at the Saskatoon office of the Provincial Archives. 
Because of the personal information (of her daughter) included in this
document, I'll ask that you let me know when you've downloaded it, so
that I can take it down.  Here is the link:

http://68.15.21.151/uploads/researchers/Jaques.doc

Should you have the opportunity to get to Saskatoon, these materials
(including a taped interview) are available for  viewing and/or
research.  The archivist indicated that, if you needed more detailed
information from the Jaques papers, they would be more than happy to
dig it up for you, and create photocopies where applicable.

Thank you for bringing Ms. Jaques to my attention!  The library here
in Edmonton has nine of her books, including the autobiography; I plan
to read that over the next week or so.  It's a shame I hadn't known
about her when I lived in Regina; I was a member of the Writer's Guild
and it's quite likely that some of the others would have known her
personally.

Regards,

-Chromedome

Request for Answer Clarification by brudenell-ga on 10 Oct 2003 03:59 PDT
Hello chromedome-ga

I was very pleased to see that you picked up this question. As the
days ticked by I did not expect to get the ultimate information that I
sought. I appreciate  that you uploaded the document. You make now
take it down. Thank you! Your work will assist me greatly in getting
the permission that I seek.

Best regards

Brudenell

Clarification of Answer by chromedome-ga on 10 Oct 2003 08:35 PDT
You're welcome!  ...and thank you.
brudenell-ga rated this answer:5 out of 5 stars and gave an additional tip of: $10.00
GREAT ANSWER- I am very pleased that you picked up this question. This
is thorough research. I appreciate the extra effort. THANK YOU.

Comments  
Subject: Re: Copyright of response poem to: In Flanders Fields
From: bobbie7-ga on 24 Sep 2003 12:46 PDT
 
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
Subject: THANK YOU bobbie7-ga
From: brudenell-ga on 25 Sep 2003 05:34 PDT
 
Hello again

I am honoured to have one of GAs most prolific detectives working on
my case! Your fecund research is always a pleasure to read. Even
though I have not posed many queries here lately, I am a regular
reader of answered questions.

It appears that my quest to contact the current copyright holder of
Edna Jaques' poem "In Flanders Now" will be much tougher than I
expected. I too, tried to find out where the Heliotype Company went to
- with no luck.

Well, the process to try and find "Owners Who Cannot be Located" has
been started in this forum.

As we are still in the early hours of this question's posting I can
hope that someone may uncover the answer that I seek in the 29 days to
come. If not I will request that your generous 'Comment' be posted as
an answer. Maybe I will be your 1000th Question Answered.

Thank you very much for your effort. It is very much appreciated.

Brudenell
Subject: Re: Copyright of response poem to: In Flanders Fields
From: bobbie7-ga on 25 Sep 2003 08:15 PDT
 
Dear Brudenell,

Thank you for your kind words.

I will be looking forward to your updates.

Sincerely

Bobbie7

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