Feds urged to crack down on fake Indigenous art, copyright breaches
First Nations art, from hand-carved masks to totem poles, draws on generations of tradition and skill and can take months to craft.
But a flood of fakes and commercial knock-offs produced in Asia and eastern Europe are exploiting Indigenous culture, the artists say, and robbing them of revenue.
One of the well-known Indigenous artists to have images of their work reproduced without permission is British Columbia carver Richard Hunt.
“I’ve stopped people making postcards of my work I’ve found out about. In Bali, Indonesia, they are making northwest coast masks. They are selling them as Indigenous,” he said.
“These things have got to be stopped. We need the government’s help. It’s like the dreamcatcher coming from Taiwan or China. Buyer beware.”
The federal government is facing calls to take action, including from a senator who wants a reform to copyright law, a unit to help Indigenous artists track down fakes and stronger border checks for art in Indigenous styles.
Hunt said raising tariffs on imports of copies could slow them down but he said the fakes were being mass produced, undercutting genuine Indigenous artists and making it harder for young First Nations carvers to make a living in what he said is a $1-billion industry.
Sen. Patricia Bovey, the first art historian to sit in the Senate, said the industry of fake Indigenous art may be worth millions of dollars and breaches artists’ intellectual property rights.
She is lobbying the government to reform copyright law to give more protection to Indigenous artists against unscrupulous businesses reproducing their images without their knowledge.
The unauthorized and fake Indigenous works range from reproductions of First Nations art on T-shirts, bedspreads, plastic bowls and bags, to carved masks and totem poles made from wood grown in Southeast Asia.
Many of these are near-exact copies of original works in galleries in Canada and the problem is acute with West Coast art.
Bovey wants ministers to set up a unit to help Indigenous artists whose work is being reproduced without their knowledge track down and chase those who infringed their copyright, at least so they get paid.
Not only are Indigenous artists having their creations purloined, she says, but people buying Indigenous work in Canada and abroad may have little idea it may be fake or has been produced without the artist’s permission.
Bovey was shocked to find that some images on orange T-shirts made following the discovery of unmarked graves last year were reproduced without the artists' knowledge by companies making a profit, not raising funds for Indigenous causes.
She warns buyers of Indigenous work to ask before they purchase where the work came from, whether it was made with the permission of the artist and whether the artist is being paid.
“This is a really serious issue,” she said. “It’s plagiarizing the work, it’s appropriating the work and both are wrong and the artists don’t have the resources to fight all this in the court.”
Helping Indigenous artists reclaim their copyright would be an example of “reconcili-action,” the senator added.
She wants an upcoming review of the Copyright Act by Heritage Minister Pablo Rodriguez and Minister of Innovation and Science Francois-Phillippe Champagne to include protections for Indigenous works, which she says are integral to Canada's culture and history.
Not only should there be specific safeguards for artists but a mechanism to track down companies fabricating Indigenous works, or failing to pay artists’ royalties, including in China and eastern Europe, she said.
“We all have a responsibility for this. We need to find ways to support artists who are maligned that way to have legal funds,” she said.
Alex Wellstead, spokesman for Champagne, said the review of the Copyright Act would “further protect artists and creators and copyright holders.”
He said “Indigenous Peoples and artists will be consulted in the process.”
Current copyright law offers protection for Indigenous craftsmen and women, including Inuit sculptors and jewellers, but Bovey said the process is so complex and time-consuming to chase, few artists have the time to pursue it.
She also wants closer checks at borders and investigations of the provenance and destination of art in Canadian Indigenous styles, particularly made from wood that is not native to Canada.
Fake masks and Indigenous carvings have been openly sold to tourists in Vancouver as genuine, according to Lucinda Turner, an apprentice to Nisg’aa sculptor and totem pole carver Norman Tait.
Turner, who died this week, spent years listing, tracking and challenging fraudulent Indigenous works claiming to be authentic, and lectured on the subject.
Hunt said she had done much to draw attention to the illicit trade, and had helped many Indigenous artists claim their copyright.
In an open letter to the government last November Turner said over 1,000 appropriated images were removed after she and others wrote takedown letters supporting artists whose copyright had been breached.
In a lecture to the Burke Museum of Natural History and Culture in Seattle, she said a few copied carvings in mahogany were so authentic-looking that they have been hung in Canadian galleries.
Among the fakes she identified are reproductions of 19th-century carvings in major museums, such as a beaver rattle from the British Museum, and copies of works by contemporary northwest coast artists including acclaimed carver Bill Reid.
She lobbied the federal government for greater protection for Indigenous artists, calling for a law, as in the United States, with huge fines for selling Indigenous work that is not genuine.
The U.S. Indian Arts and Crafts Act criminalizes misrepresentation and copying of Indigenous art. There is also a fake art hotline south of the border to make reporting of unauthorized copies easy.
In the open letter to the federal government, she called for action to tackle misrepresentations on the online market.
Well-intentioned buyers trying to support the Orange Shirt movement had been duped into buying clothing that Indigenous people would gain nothing from — including the artists whose images had been used, she said.
The Missing and Murdered Indigenous Women and Girls movement was also exploited by money-making businesses making handbags, T-shirts with Indigenous images without the artists’ permission, she warned.
The internet has led to mass marketing of fraudulent, copied or stolen images of art and ceremonial artifacts by companies with no links to the Indigenous artists, she said.
Bovey, who says she plans to raise the issue again with ministers when the Senate returns from its summer break, said few people realize that Indigenous art on sale in Canadian stores could be made in China, eastern Europe and Taiwan.
“The buyers don’t know, the artists don’t have the means to monitor it and the predators are having a great time,” she said. “It’s theft of their iconography. It’s stealing people’s cultural heritage and it is both morally and legally wrong.”
The Canada Border Services Agency said there were currently “no import restrictions related to items that imitate Indigenous art.”
This report by The Canadian Press was first published July 7, 2022.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
4th Indian national arrested, charged with murder of Hardeep Singh Nijjar
Homicide investigators in B.C. say murder charges have been laid against a fourth Indian national in connection to the killing of Sikh activist Hardeep Singh Nijjar outside a Surrey gurdwara last year.
Feds 'committed to doing more,' but minister offers no timeline for Canadian Disability Benefit boost
Amid significant criticism from advocates, Diversity, Inclusion and Persons with Disabilities Minister Kamal Khera is defending her government's long-promised, newly unveiled Canada Disability Benefit, calling the funds an "initial step," but without laying out a timeline for future expansion of the program.
RCMP boss expresses desire for new law to deal with threats against politicians
RCMP commissioner Mike Duheme says he wants the government to look at drafting a new law that would make it easier for police to pursue charges against people who threaten elected officials.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
'Renaissance of cartooning': Lifelong comic lover sets up Newfoundland dedicated publisher
A Newfoundlander's lifelong love of cartooning has helped forge Heavy Sweater Comics, the province's newest dedicated comic book publisher.
Biden calls Trump 'unhinged,' says 'something snapped' in former president after he lost 2020 U.S. election
U.S. President Joe Biden on Saturday called Donald Trump “clearly unhinged” and claimed that “something snapped” in the former president after he lost the 2020 election.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
Local Spotlight
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.
Vancouver and Edmonton's mayors bet on who will win Round 2 of the playoffs. Here's what's at stake
The stakes have been set for a bet between Vancouver and Edmonton's mayors on who will win Round 2 of the Stanley Cup playoffs.
'No other life taken': Mother leads ATV helmet drive to honour daughter's legacy
A grieving mother is hosting a helmet drive in the hopes of protecting children on Manitoba First Nations from a similar tragedy that killed her daughter.