Author, OKIB dispute book—Castanet, Vernon

[Pat-Taporter]

Author, OKIB dispute book—Castanet, Vernon

Jennifer Zielinski - May 15, 2016 / 6:45 am |

http://www.castanet.net/news/Vernon/165 ... spute-book

I find it interesting that the title of the book has not yet shown up on the Government of Canada, Canadian Copyright Database, although the author has personally registered one title back in 2012, (http://www.ic.gc.ca/app/opic-cipo/cpyrg ... PerPage=10).

Also, it seems only 15 works with the word Ogopogo in the title have been registered since 1992, (http://www.ic.gc.ca/app/opic-cipo/cpyrg ... PerPage=10).

And even though a person doen't have to formally register a creation to claim copyright, I wonder if any of those registrations were made by the OKIB.

It doesn't look like it from what I see, (http://www.ic.gc.ca/app/opic-cipo/cpyrg ... A&lang=eng).

This could be relevant because,

If you produce original literary, dramatic, musical or artistic work, you'll want to learn more about what copyright is and how you can use it to your advantage.

Copyright is the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. The creator is usually the copyright owner. However, an employer—for example, a film studio—may have copyright in works created by employees unless there is an agreement in place stating otherwise.

When you own the copyright in a work, you control how it is used in order to protect its value. Others who want to use the work have to buy or otherwise get your permission.

Generally, an original work is automatically protected by copyright the moment you create it. By registering your copyright, you receive a certificate issued by the Canadian Intellectual Property Office that can be used in court as evidence that you own it.

<snip>

http://www.ic.gc.ca/eic/site/cipointern ... yrght-main

This situation grabbed my attention because an associate of mine was in a similar situaton many years ago when she wanted to produce a ‘verifiable’ work of art. The deal became an exchange of tobacco with an elder for the story. However, she was requested not to take notes or record what was said at the time. Furthermore, in the end, to display the work, she found it best to orally agree (in effect) to a non-registered, non-profit, non-distribution academic use without placing any title on it to describe it by. It simply became a work of art for the love it. Still, the institution that now holds the work continues to receive offers for the rights from people who want to reproduce it for a profit. All offers (even requests from non-profits) have been turned down. As well, the band has been informed each time, and each time has declined and continues to stand by its word.

This is purely specuation on my part, but here, perhaps OKIB doesn’t want to register ‘Ogopogo’ for themselves because they consider the ‘legend’ a work of oral history with nothing tangible to hang copyright on—which, if there was something to hang in on, and it was registered, the registration could legally cover off any transfer of assignment in Canada under specified conditions.

Even a transfer to Ms. Hawes et. al. if they wanted.

I wonder what the follow-up to this story will be.

[Even Steven]

I like how they claim Ogopogo for themselves and nobody else is allowed to write about it. They did the same with Spirit Bear. You can't monopolize silly wives tales, yet they try.

[Pat-Taporter]

I would call it oral history.

And I’ve been searching for the band's actual press release that the following article talks about, but I haven’t been able to find anything that resembles one.

But the article does quote this:

Infonews.ca

Okanagan Indian Band says B.C. author appropriated cultural story in new children's book

Dorothy Hawes' book Ogopogo Odyssey is coming under fire by the Okanagan Indian Band.

May 13, 2016 - 2:15 PM

*bleep*/newsitem/okanagan-ind ... ok/it30616

<snip>

“The Okanagan Indian Band was not consulted during the writing of this book; OKIB is not affiliated in any way with Dorothy Hawes; and we do not support her exploitation of our people, culture and knowledge. This is just another example of a non-indigenous person seeking to profit from our stories. Our stories are our own to tell and illustrate, as such, books not written or approved by us infringe on our own voice and are not authentic representations of Okanagan people.”

<snip>

Still, it looks like the book has been released.

Here's an 'oral' account of that.

Victoria teacher works with Disney illustrator for picture book 'Ogopogo Odyssey'

Posted: May 06, 2016 12:06 PM PT

http://www.cbc.ca/news/canada/british-c ... -1.3570741

[techrtr]

I read the article and couldn't believe it. Seems like some First Nations groups think that they "own" anything to do with First Nations culture, history, or prehistory. Want to make a movie? If we don't like how you portray us, we'll go to court to block its release (unless you pay us big time). Want to use the word "Okanagan" on a sign? That's an Indian name - you have to pay us to use it. Want to write a book with a First Nations character or references to a native community - you better let us approve it first. Ridiculous. Several years ago a couple of guys wrote a book about First Nations culture and it was pulled from shelves and shredded. Now to be fair, the book did have information about the locations of archaeological sites which probably shouldn't have been publicized. But what if a First Nations group decides that a piece of literature portrays them in a negative light or was written without their approval - do they get it removed from library shelves - maybe have a book burning? I think this is setting a very dangerous precedent.

[techrtr]

I like how they claim Ogopogo for themselves and nobody else is allowed to write about it. They did the same with Spirit Bear. You can't monopolize silly wives tales, yet they try.

Ogopogo is a myth and it isn't even a First Nations word or really apart of their traditional mythology. It's from a Scottish song from the 1920's.

[Pat-Taporter]

If you have access to today's Morning Star you'll see how 'the plot is thickening.'

[Pat-Taporter]

Bedtime reading.

The Intellectual Property Issues in Cultural Heritage (IPinCH) . . . based at Simon Fraser University

THINK
BEFORE
YOU APPROPRIATE

Things to know and questions to ask in order to avoid misappropriating Indigenous cultures

A guide for creators and designers

Date posted: Jan 12, 2016

People and cultures have always exchanged and borrowed ideas from each other to create new forms of art and symbolic expression. Whether intentionally or not, most if not all human creations reflect varied sources of inspiration.

Why, then, are some products negatively labelled “cultural appropriation” or their creators accused of disrespecting the very cultures they found inspiring? And why do products inspired from Indigenous cultural heritage seem to spark particularly strong reactions and pushback?

This guide unpacks these important questions. It provides advice to designers and marketers on why and how to avoid misappropriation, and underlines the mutual benefits of responsible collaborations with Indigenous artists and communities.

http://www.sfu.ca/ipinch/sites/default/ ... n_2016.pdf

And
.

The Appropriation of Aboriginal Cultural Heritage: Examining the Uses and Pitfalls of the Canadian Intellectual Property Regime

November 19, 2015

By Vanessa Udy

http://www.sfu.ca/ipinch/outputs/blog/c ... rty-regime

<snip>

The aim of this article is to analyze the appropriation of Aboriginal culture in Canada and the legal remedies available to Aboriginal peoples under Canada's intellectual property laws.

<snip>

[Pat-Taporter]

From the second ‘bedtime reading’ that I posted above, it looks like the following paragraph might tie in with what I was getting at in my OP.

Copyright laws also require that the expression of an idea be "fixed" in order to benefit from protection. Aboriginal intellectual and spiritual life has manifested itself through folklore, rituals and traditional skills, preserved and transmitted by oral tradition, which is not copyrightable as it is not fixed in writing, film or art.[48], (http://www.sfu.ca/ipinch/outputs/blog/c ... rty-regime).

As I said, it doesn’t look like the OKIB has registered ‘Ogopogo’ on the Canadian Copyright Database.

And, as to why the book doesn’t appear to be registered too, apparently, although it has been launched, it isn’t scheduled to be officially released until June 21. Also, no doubt a lot of Ms. Hawes went into the research and writing, but partnering with a Disney artist seemed to be a big factor in attracting the publishing company.

https://news.smus.ca/2016/05/06/teacher ... e-at-smus/

Getting a book into shape so a ‘non-vanity’ press will accept it is a huge project, not to mention the work that it takes to promote it to success afterwards.

I sure hope this all works out for everybody involved.

[maryjane48]

I like how they claim Ogopogo for themselves and nobody else is allowed to write about it. They did the same with Spirit Bear. You can't monopolize silly wives tales, yet they try.

i agree just like humaned written faiths . same thing

[Pat-Taporter]

Hmm, could there have been another band involved in the project?

http://dahawes-author.weebly.com/

[Rosemary1]

My neighbour's made her young son a leprechaun outfit last Halloween. So far no Irish have knocked on her door suing her for cultural appropriation and by the the way Irish also have their own sea monster legend - the subject of books and movies. Sharing of legends, traditions, dress wear etc.has gone on in the world for centuries and enriches the fabric of any country.

Indigineous peoples are entitled to register and copyright any original invention, intellectual property etc. as anyone else but it should be based on the same eligibility criteria that is applied to anyone else.

[Pat-Taporter]

Indigineous peoples are entitled to register and copyright any original invention, intellectual property etc. as anyone else but it should be based on the same eligibility criteria that is applied to anyone else.

So what is the eligibility criteria to register that you see is being applied to them that makes it different from anyone else right now?

[techrtr]

The crazy thing about this is, Ogopogo is not even part of traditional Interior Salish beliefs. Read any of the ethnographies and there is no mention of a sea monster like creature in Okanagan Lake. Let's face it, if the pre-contact people of the valley saw or had stories about a huge sea monster like creature that lived in the lake, they'd be telling ethnographers about it. The name Ogopogo comes from a English Dancehall tune from the 1920's. The people who wrote the song have more right to the name Ogopogo than anyone else. There are several non-native artists who use North West Coast design elements in their art - will they be ordered to stop? This kind of nonsense makes me very angry because it's so wrong on so many levels.

[Pat-Taporter]

Hi techrtr,

Would the video that I posted above be conserved an ethnography?

Hi Rosemary 1,

Would this, from the second of my bedtime readings (posted earlier) help answer the question I asked you?

Since copyright laws only protect the expression of an idea and not styles or themes, non-Aboriginal artists are free to appropriate Aboriginal styles and use them in a fashion that is contrary to the strict customs of the Aboriginal community of origin.[52] If, for example, a non-Aboriginal author documents Aboriginal legends and publishes them in a book, he enjoys the protection of copyright in the work and the exclusive economic rights that come with it. If the author learned of the legends from the Aboriginal community, publication would constitute an infringement of Aboriginal cultural norms but would be sanctioned by intellectual property laws, (.http://www.sfu.ca/ipinch/outputs/blog/c ... rty-regime).

[techrtr]

I suppose you could consider it to be ethnography in a sense, but it would be an ethnography of modern Okanagan culture, not traditional culture. That would have to have been written (or recorded in this case) when people still had first hand knowledge of the traditional ways of life e.g. during the 1800's. Let's say someone with an Edison Phonograph was able to record an Okanagan song in the 1870's. That would be far more representative of traditional culture than something someone wrote and recorded today (although the mere presence of someone with a recording device means outside influences have already changed the culture).