Cheap knockoffs of First Nations art work continues in spite of Canadian copyright and patent laws
First Nations art might see scant protection from copyright, patent law
June 26, 2009
First Nations artists may not be able to get protection from copyright or patent law to stop the spread of cheap knockoffs of their artworks, a lawyer says.
Two weeks ago Dene leaders in the Northwest Territories passed a motion calling for patents to protect traditional aboriginal designs in an effort to stop foreign companies from copying them.
Cheap knockoffs, made in Taiwan or China, are undermining the market for genuine aboriginal art, say many lovers of northern art.
Even some Yellowknife stores carry factory-made inukshuk stone figures and mass-produced baskets and beadwork.
Daniel Gervais, a lawyer who specializes in international copyright law, said it may be difficult for a native group, such as the Dene, to get a patent on their art.
"The problem with copyright, patents and other types of intellectual copyrights is that they need to be given to a very specific author or inventor, so that's been a big challenge for many aboriginal communities in Canada," Gervais told CBC News.
Success in Australia
There has been some success in Australia with a court case to protect traditional design.
Aboriginal people there won a court case against the federal government for using a piece of traditional art on bank notes. The court decided the design was misappropriated.
The Dene Nation passed a resolution last month to work with the territorial and federal governments to try to develop copyright and patent protections in Canada for Dene products.
Suzan Marie, a Dene artist who has won a Queen's medal for her contribution to arts and culture in the Northwest Territories, says mass-produced copies are threatening native culture.
"We also are in a situation where our young people aren't keeping up the ancient techniques to keep the culture alive," she said.
"So when they're being mass-produced and undervalued and undermined, it's very hard to encourage our young people to carry on with our Dene cultural art."
With files from CBC's Richard Gleeson