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Feds urged to crack down on fake Indigenous art, copyright breaches

Published

2 years ago

July 7, 2022

OTTAWA — 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.

Marie Woolf, The Canadian Press

News

Justin Trudeau’s Announcing Cuts to Immigration Could Facilitate a Trump Win

Published

34 mins ago

November 5, 2024

Nick Kossovan

Outside of sports and a “Cold front coming down from Canada,” American news media only report on Canadian events that they believe are, or will be, influential to the US. Therefore, when Justin Trudeau’s announcement, having finally read the room, that Canada will be reducing the number of permanent residents admitted by more than 20 percent and temporary residents like skilled workers and college students will be cut by more than half made news south of the border, I knew the American media felt Trudeau’s about-face on immigration was newsworthy because many Americans would relate to Trudeau realizing Canada was accepting more immigrants than it could manage and are hoping their next POTUS will follow Trudeau’s playbook.

Canada, with lots of space and lacking convenient geographical ways for illegal immigrants to enter the country, though still many do, has a global reputation for being incredibly accepting of immigrants. On the surface, Montreal, Toronto, and Vancouver appear to be multicultural havens. However, as the saying goes, “Too much of a good thing is never good,” resulting in a sharp rise in anti-immigrant sentiment, which you can almost taste in the air. A growing number of Canadians, regardless of their political affiliation, are blaming recent immigrants for causing the housing affordability crises, inflation, rise in crime and unemployment/stagnant wages.

Throughout history, populations have engulfed themselves in a tribal frenzy, a psychological state where people identify strongly with their own group, often leading to a ‘us versus them’ mentality. This has led to quick shifts from complacency to panic and finger-pointing at groups outside their tribe, a phenomenon that is not unique to any particular culture or time period.

My take on why the American news media found Trudeau’s blatantly obvious attempt to save his political career, balancing appeasement between the pitchfork crowd, who want a halt to immigration until Canada gets its house in order, and immigrant voters, who traditionally vote Liberal, newsworthy; the American news media, as do I, believe immigration fatigue is why Kamala Harris is going to lose on November 5^th.

Because they frequently get the outcome wrong, I don’t take polls seriously. According to polls in 2014, Tim Hudak’s Progressive Conservatives and Kathleen Wynne’s Liberals were in a dead heat in Ontario, yet Wynne won with more than twice as many seats. In the 2018 Quebec election, most polls had the Coalition Avenir Québec with a 1-to-5-point lead over the governing Liberals. The result: The Coalition Avenir Québec enjoyed a landslide victory, winning 74 of 125 seats. Then there’s how the 2016 US election polls showing Donald Trump didn’t have a chance of winning against Hillary Clinton were ridiculously way off, highlighting the importance of the election day poll and, applicable in this election as it was in 2016, not to discount ‘shy Trump supporters;’ voters who support Trump but are hesitant to express their views publicly due to social or political pressure.

My distrust in polls aside, polls indicate Harris is leading by a few points. One would think that Trump’s many over-the-top shenanigans, which would be entertaining were he not the POTUS or again seeking the Oval Office, would have him far down in the polls. Trump is toe-to-toe with Harris in the polls because his approach to the economy—middle-class Americans are nostalgic for the relatively strong economic performance during Trump’s first three years in office—and immigration, which Americans are hyper-focused on right now, appeals to many Americans. In his quest to win votes, Trump is doing what anyone seeking political office needs to do: telling the people what they want to hear, strategically using populism—populism that serves your best interests is good populism—to evoke emotional responses. Harris isn’t doing herself any favours, nor moving voters, by going the “But, but… the orange man is bad!” route, while Trump cultivates support from “weird” marginal voting groups.

To Harris’s credit, things could have fallen apart when Biden abruptly stepped aside. Instead, Harris quickly clinched the nomination and had a strong first few weeks, erasing the deficit Biden had given her. The Democratic convention was a success, as was her acceptance speech. Her performance at the September 10th debate with Donald Trump was first-rate.

Harris’ Achilles heel is she’s now making promises she could have made and implemented while VP, making immigration and the economy Harris’ liabilities, especially since she’s been sitting next to Biden, watching the US turn into the circus it has become. These liabilities, basically her only liabilities, negate her stance on abortion, democracy, healthcare, a long-winning issue for Democrats, and Trump’s character. All Harris has offered voters is “feel-good vibes” over substance. In contrast, Trump offers the tangible political tornado (read: steamroll the problems Americans are facing) many Americans seek. With Trump, there’s no doubt that change, admittedly in a messy fashion, will happen. If enough Americans believe the changes he’ll implement will benefit them and their country…

The case against Harris on immigration, at a time when there’s a huge global backlash to immigration, even as the American news media are pointing out, in famously immigrant-friendly Canada, is relatively straightforward: During the first three years of the Biden-Harris administration, illegal Southern border crossings increased significantly.

The words illegal immigration, to put it mildly, irks most Americans. On the legal immigration front, according to Forbes, most billion-dollar startups were founded by immigrants. Google, Microsoft, and Oracle, to name three, have immigrants as CEOs. Immigrants, with tech skills and an entrepreneurial thirst, have kept America leading the world. I like to think that Americans and Canadians understand the best immigration policy is to strategically let enough of these immigrants in who’ll increase GDP and tax base and not rely on social programs. In other words, Americans and Canadians, and arguably citizens of European countries, expect their governments to be more strategic about immigration.

The days of the words on a bronze plaque mounted inside the Statue of Liberty pedestal’s lower level, “Give me your tired, your poor, your huddled masses yearning to breathe free…” are no longer tolerated. Americans only want immigrants who’ll benefit America.

Does Trump demagogue the immigration issue with xenophobic and racist tropes, many of which are outright lies, such as claiming Haitian immigrants in Ohio are abducting and eating pets? Absolutely. However, such unhinged talk signals to Americans who are worried about the steady influx of illegal immigrants into their country that Trump can handle immigration so that it’s beneficial to the country as opposed to being an issue of economic stress.

In many ways, if polls are to be believed, Harris is paying the price for Biden and her lax policies early in their term. Yes, stimulus spending quickly rebuilt the job market, but at the cost of higher inflation. Loosen border policies at a time when anti-immigrant sentiment was increasing was a gross miscalculation, much like Trudeau’s immigration quota increase, and Biden indulging himself in running for re-election should never have happened.

If Trump wins, Democrats will proclaim that everyone is sexist, racist and misogynous, not to mention a likely White Supremacist, and for good measure, they’ll beat the “voter suppression” button. If Harris wins, Trump supporters will repeat voter fraud—since July, Elon Musk has tweeted on Twitter at least 22 times about voters being “imported” from abroad—being widespread.

Regardless of who wins tomorrow, Americans need to cool down; and give the divisive rhetoric a long overdue break. The right to an opinion belongs to everyone. Someone whose opinion differs from yours is not by default sexist, racist, a fascist or anything else; they simply disagree with you. Americans adopting the respectful mindset to agree to disagree would be the best thing they could do for the United States of America.

______________________________________________________________

Nick Kossovan, a self-described connoisseur of human psychology, writes about what’s

on his mind from Toronto. You can follow Nick on Twitter and Instagram @NKossovan.

News

Former athletes lean on each other to lead Canada’s luge, bobsled teams

Published

43 mins ago

November 5, 2024

Anne Joseph

CALGARY – Sam Edney and Jesse Lumsden sat on a bench on Parliament Hill during an athlete celebration after the 2014 Winter Olympic Games.

Having just represented Canada in their sliding sports — Lumsden in bobsled and Edney in luge — the two men pondered their futures together.

“There was actually one moment about, are we going to keep going? Talking about, what are each of us going to do? What’s the next four years look like?” Edney recalled a decade later.

“I do remember talking about that now. That was a big moment,” Lumsden said.

As the two men were sounding boards for each other as athletes, they are again as high-performance directors of their respective sliding sports.

Edney, an Olympic relay silver medallist in 2018 and the first Canadian man to win a World Cup gold medal, became Luge Canada’s HPD upon his retirement the following year.

Lumsden, a world and World Cup bobsled champion who raced his third Olympic Games in 2018, leaned on his sliding compatriot when he returned from five years of working in the financial sector to become HPD at Bobsleigh Canada Skeleton in July.

“The first person I called when BCS reached out to me about the role that I’m in now is Sam,” Lumsden said recently at Calgary’s WinSport, where they spent much of their competitive careers and now have offices.

“It’s been four months. I was squatting in the luge offices for the first two months beside him.

“We had all these ideas about we’re going to have weekly coffees and workouts Tuesday and Thursday and in the four months now, we’ve had two coffees and zero workouts.”

Canada has won at least one sliding-sport Olympic medal in each of the last five Winter Games, but Edney and Lumsden face a challenge as team leaders that they didn’t as athletes.

WinSport’s sliding track, built for the 1988 Winter Olympics in Calgary and where Edney and Lumsden did hundreds of runs as athletes, has been closed since 2019 needing a $25-million renovation.

There is no sign that will happen. WinSport took the $10 million the provincial government offered for the sliding track and put the money toward a renovation of the Frank King Lodge used by recreational skiers and snowboarders.

Canada’s only other sliding track in the resort town of Whistler, B.C., has a fraction of Calgary’s population from which to recruit and develop athletes.

“The comparison is if you took half the ice rinks away in the country, hockey and figure skating would be disarray,” Edney said.

“It just changes the dynamic of the sports completely, in terms of we’re now scrambling to find ways to bring people to a location that’s not as easy to get to, or to live out of, or to train out of full time.

“We’re realizing how good we had it when Calgary’s (track) was here. It’s not going to be the end of us, but it’s definitely made it more difficult.”

Lumsden, a former CFL running back as well as an Olympian, returned to a national sport organization still recovering from internal upheaval that included the athlete-led ouster of the former president and CEO after the 2022 Winter Olympics, and Olympic champion pilot Kaillie Humphries suing the organization for her release to compete for the U.S. in 2019.

“NSOs like Luge Canada and Bobsleigh Canada Skeleton, they’re startups,” Lumsden said. “You have to think like a startup, operate like a startup, job stack, do more with less, especially in the current environment.

“I felt it was the right time for me to take my sporting experience and the skill set that I learned at Neo Financial and working with some of the most talented people in Canada and try to inject that into an NSO that is in a state of distress right now, and try to work with the great staff we have and the athletes we have to start to turn this thing around.”

Edney, 40, and Lumsden, 42, take comfort in each other holding the same roles in their sports.

“It goes both ways. I couldn’t have been more excited about who they hired,” Edney said. “When Jesse was coming in, I knew that we were going to be able to collaborate and work together and get things happening for our sports.”

Added Lumsden: “We’ve been friends for a long time, so I knew how he was going to do in his role and before taking the role, having the conversation with him, I felt a lot of comfort.

“I asked ‘are you going to be around for a long time?’ He said ‘yeah, I’m not going anywhere.’ I said ‘OK, good.'”

This report by The Canadian Press was first published Nov. 4, 2024.

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Canada’s Dabrowski and New Zealand’s Routliffe pick up second win at WTA Finals

Published

44 mins ago

November 5, 2024

Anne Joseph

RIYADH, Saudi Arabia – Canada’s Gabriela Dabrowski and New Zealand’s Erin Routliffe remain undefeated in women’s doubles at the WTA Finals.

The 2023 U.S. Open champions, seeded second at the event, secured a 1-6, 7-6 (1), (11-9) super-tiebreak win over fourth-seeded Italians Sara Errani and Jasmine Paolini in round-robin play on Tuesday.

The season-ending tournament features the WTA Tour’s top eight women’s doubles teams.

Dabrowski and Routliffe lost the first set in 22 minutes but levelled the match by breaking Errani’s serve three times in the second, including at 6-5. They clinched victory with Routliffe saving a match point on her serve and Dabrowski ending Errani’s final serve-and-volley attempt.

Dabrowski and Routliffe will next face fifth-seeded Americans Caroline Dolehide and Desirae Krawczyk on Thursday, where a win would secure a spot in the semifinals.

The final is scheduled for Saturday.

This report by The Canadian Press was first published on Nov. 5, 2024.

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