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Q: Who owns copyright to Kerry Wood's "The Map-Maker", Macmillan of Canada '55 ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Who owns copyright to Kerry Wood's "The Map-Maker", Macmillan of Canada '55
Category: Arts and Entertainment > Books and Literature
Asked by: sunflower2-ga
List Price: $5.00
Posted: 25 Mar 2004 12:36 PST
Expires: 24 Apr 2004 13:36 PDT
Question ID: 320480
The Macmillan Company of Canada was purchased by John Wiley & Sons
April 2002. Macmillan's series "The Great Stories of Canada" 1950's
and 60's included 3 books by my Dad, Kerry Wood; presently I need to
know who owns copyright of "The Map-Maker" (about David Thompson).
McMaster University Library has archives with Macmillan fonds, box 192
seems to contain "The Map-Maker". I am writing from Red Deer, Alberta,
and McMaster U is in Hamilton, Ontario. Help?!
Answer  
Subject: Re: Who owns copyright to Kerry Wood's "The Map-Maker", Macmillan of Canada '55
Answered By: hummer-ga on 25 Mar 2004 19:04 PST
Rated:5 out of 5 stars
 
Hi sunflower2,

We can help you to find the information you are seeking, but first
some background. The publisher John Wiley did not actually purchase
Macmillan of Canada outright but rather they came by it by default
when they purchased CDG Books in 2002.

Publisher History:
Macmillan of Canada > Maclean-Hunter > Gage Pub. > Canadian Pub.Corp.
> CDG Books > Wiley

Macmillan Fonds Description: Introductory excerpt:
"The Canadian branch of the English Macmillan Company was founded on
26 December 1905 as the Macmillan Company of Canada Ltd, also called
Macmillan of Canada and after
July 1995, Macmillan Canada. Earlier documents pertain to the Morang
Education Co. Ltd., purchased by Macmillan in 1912. The English owners
of the Canadian branch sold the
company to Maclean- Hunter Limited in 1973. In 1980 Macmillan of
Canada was sold to Gage Publishing, later merged into the Canadian
Publishing Corporation. In 1999 Macmillan
Canada became an imprint of CDG Books (founded in December 1998). In
April 2002 CDG Books was purchased by John Wiley & Sons, and Macmillan
Canada ceased as an imprint
and a publishing house."
http://library.mcmaster.ca/archives/findaids/fonds/m/macmilla.htm

>>>>>>>>>>>>>>>>>>>>>>>>

In regards to Macmillan Fonds, Box 142, it contains author
correspondence (it's possible some correspondence may refer to
property rights) pertaining to six titles.

Fonds: First Accrual, Part 1:
II. Authors Series: 
B. Author Correspondence (Boxes 70 to 142):
BOX 142
F.1 Wood, Kerry. The Boy and the Buffalo. 1957-63.
F.2 Wood. Kerry. The Great Chief. 1956-60.
F.3 Wood, Kerry. The Map Maker. 1954-63.
F.4 Wood. Kerry. Mickey the Beaver. 1963-69.
F.5 Wood. Kerry. The Queen's Cowboy. 1958-73.
F.6 Wood, Kerry. Wild Winter. 1961-67.
http://library.mcmaster.ca/archives/findaids/findaids/m/macmilla.01a.htm

>>>>>>>>>>>>>>>>>>>>>>>>

A good place to begin your research would be with Wiley Canada at
their Permissions Department. Since Wiley acquired the business
genealogy and rights of Macmillan (and publishing list?), we think
they'd have the transfer/assignment history and current holder of the
intellectual property rights.

If Wiley knows the relevant information, then the Permissions Dept is
where they know it.

John Wiley & Sons Canada, Ltd.:
"To request permission to use material from any Canadian Wiley
product, please use the Permission Request Form."
"Alternatively, you may submit your request via fax at (416) 236-8743,
or in writing by conventional mail. Please download the Permissions
Request Form Word document and submit your request to:

Permissions Department
22 Worcester Road
Etobicoke, Ontario
M9W 1L1

"If you have questions about our permissions policies, please contact
Lindsay Humphreys (Higher Education requests) by fax at (416)236-4446,
or Juanita Penney (Professional & Trade requests) by fax at
(416)236-4448.
http://www.wiley.ca/WileyCDA/Section/id-8583.html

Wiley Canada - John Wiley & Sons Canada Ltd:
http://www.wiley.ca/WileyCDA/
http://www.wileycanada.com/WileyCDA/

Wiley directory:
John Wiley & Sons Canada Ltd.
22 Worcester Road
Etobicoke, Ontario M9W 1L1
Telephone: (416) 236-4433
Fax: (416) 236-4447
Email: canada@wiley.com
http://www.wiley.ca/WileyCDA/Section/id-8565.html

>>>>>>>>>>>>>>>>>>>>>>>>>>

McMaster University: Contact Info:
...can't hurt to ask -- if they don't know, they may be able to re-direct you.

McMaster University Library
William Ready Division of Archives and Research Collections 
Located on the lower level of Mills Library, L-B101, L-B102
1280 Main St. W., Hamilton, ON, L8S 4L6
Telephone: (905)525-9140 ext.27369 or ext.22079
Fax: (905) 546-0625
Email: archives@mcmaster.ca
Web: http://library.mcmaster.ca/archives/readyweb.htm

Ready Division Staff directory: 
http://library.mcmaster.ca/archives/staff.htm

Some copyright info is part of the collection - two examples: 

First Accrual, Part 1
D. Copyright Registrations and Assignments
Box146: 
Various documents relating to copying registration and assignment,
largely from the early years. Filed alphabetically by author.
http://library.mcmaster.ca/archives/findaids/findaids/m/macmilla.01a.htm

...more likely here:
Fourth, Fifth, and Seventh Accruals:
Box 416:
"Fourth accrual. Copyright files. Arranged alphabetically.
Approximately 1030 copyright registrations. [ca.1908-ca. 1978]
F.1-29, A-Z 
F.30 Statistics Canada
F.31 Copyright information
F.32 Assignment of copyright
F.33 Copyright carbons"
Fifth accrual. Permission book
F.34 Black 3-ring binder with alphabetical division arranged by
author. Gives dates, amount and purchaser of rights to reprint from
works first published by Macmillan. [ca.1956-ca. 1972]."
http://library.mcmaster.ca/archives/findaids/findaids/m/macmilla.0457.htm

...another citation for The Map Maker:
Second Accrual, Part III: Artwork
BOX 358
Wood, Edgar Allardyce. The Map-Maker: The Story of David Thompson. By
Kerry Wood [pseud.]. Illustrated by William Wheeler. 1955. Whiteman et
al. 1358.
- 28 pen and ink (most with a yellow wash) illustrations.
- 1 map.
http://library.mcmaster.ca/archives/findaids/findaids/m/macmilla.02.htm

>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Additional Links: For general knowledge of Canadian copyright:

The Canadian Intellectual Property Office (CIPO) main page:
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_main-e.html

Copyrights Database help page:
"...you may contact our Client Service Centre by using our "Request
Information or Publications Form" or by calling (819) 997-1936.
Information officers are there to assist you.
"Pre-1991 registration information is available in microfiche,
index card and microfilm form in the Client Service Centre in Hull, Quebec." 

Other information Sources: Additional Copyright resources:
http://strategis.ic.gc.ca/cipo/copyrights/help.do?language=eng&section=intro

Copyright Main Page:
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_main-e.html

Guide to Copyrights:
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_main-e.html

Copyright Act:
http://laws.justice.gc.ca/en/C-42/index.html

Registration Form and Instructions:
http://strategis.ic.gc.ca/sc_mrksv/cipo/sitemap/form-e.html

>>>>>>>>>>>>>>>>>>>>>

Copyright Act of Canada (C-42): 
http://laws.justice.gc.ca/en/C-42/index.html

See especially Sections 6 and 13:

Term of Copyright: 
"6. The term for which copyright shall subsist shall, except as
otherwise expressly provided by this Act, be the life of the author,
the remainder of the calendar year in which the author dies, and a
period of fifty years following the end of that calendar year."
http://laws.justice.gc.ca/en/C-42/38355.html#rid-38438

Ownership of Copyright:
"13. (1) Subject to this Act, the author of a work shall be the first
owner of the copyright therein."
...but note well sub-sections (3) & (4)
     (3): "work made in the course of employment"
     (4): "assignments and licences".
http://laws.justice.gc.ca/en/C-42/38355.html#rid-38453

I hope we've helped to get you well on your way - it is important to
note the copyright citation on the copyright page of the book if you
have it (is it a name or company?). If you have any questions, please
post a clarification request before closing/rating our answer.

Thank you,
hummer & co

Google Search Terms Used:

"John Wiley & Sons" Macmillan

We mostly used our own copyright bookmarks.
sunflower2-ga rated this answer:5 out of 5 stars and gave an additional tip of: $10.00
Yes, "Copyright,Canada, 1955 by Kerry Wood  All rights reserved--no
part of this book may be reproduced in any form without permission in
writing from the publisher.."  I'll be in touch with Wiley tomorrow. 
Thanks a lot--rw

Comments  
Subject: Re: Who owns copyright to Kerry Wood's "The Map-Maker", Macmillan of Canada '55
From: hummer-ga on 26 Mar 2004 07:41 PST
 
Dear rw,

Thank you, we appreciate the nice rating and tip. 

In 1955, your father owned the rights and Macmillan handled
permissions. If there was no change to that (if did not assign or
transfer his rights), he either still owns it or it is part of his
estate.

Wiley permissions FAQs:
"The copyright owner is the company or person whose name appears in
the copyright notice. You will find this information on the copyright
page of the work."
http://www.wiley.ca/WileyCDA/Section/id-8588.html

In regards to the CPI website that I placed under "Additional Links",
it is another good place to contact.

CIPO Branch Office Contacts:
Copyright Formalities, Registration, Assignments, Certification and Status:
(819) 997-1729
Data and Documentation Services Patent Office Record: 
(819) 994-9614 
http://strategis.ic.gc.ca/sc_mrksv/cipo/contact/t_list-e.html

Cdn Copyrights Db search page:
"Select type of copyright that was registered or expunged since
October 1, 1991. In some cases, registrations prior to 1991 were
entered into the database due to requests for certified copies."
http://strategis.ic.gc.ca/cipo/copyrights/displaySearch.do?language=eng

CIPO copyrights FAQ
http://strategis.ic.gc.ca/sc_mrksv/cipo/help/faq_cp-e.htm

CIPO Client Service Centre contact page:
http://strategis.ic.gc.ca/sc_mrksv/cipo/contact/cont-e.html

Thanks again - hope this helps - 
hummer & co

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