"City of Totems" and Copyright Act

On August 15, 2007 the Cowichan Valley Citizen published a newspaper article entitled "Duncan introduces totem toll".

It reported that a new City of Duncan Totem Copyright Policy stated the City "holds the copyright policy on the totem collection," and that "the use of the totem images in any form requires approval from the City of Duncan," and "Furthermore, the City of Duncan reserves the right to levy a copyright charge on a project by project basis."

I believe in the protection of copyright but I also believe in defending my personal rights and freedoms. As outlined in the Canada Copyright Act, and noted below, it is not against the law to photograph public art nor is permission required to take photographs.



Canada Copyright Act

Permitted acts

32.2 (1) It is not an infringement of copyright

(a) for an author of an artistic work who is not the owner of the copyright in the work to use any mould, cast, sketch, plan, model or study made by the author for the purpose of the work, if the author does not thereby repeat or imitate the main design of the work;

(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or

(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

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This website contains digital collages that include photographs of totems. In all cases the carvers of these totems are identified along with the respective image at the time of posting. None of these images are offered for sale and they serve only to promote all artists and the Cowichan Valley.

In an article titled "Copyright law offers poor protection for aboriginal cultural property" David Spratley reported about the City of Duncan's claim to copyright in The Lawyers Weekly. He wrote "This policy is most likely unenforceable from a copyright perspective, but it highlights the disconnect between Canadian copyright law and aboriginal culture." Read more... .

Read something more about this at "Do you have a permit to take that photo?".