Dear Confused About Canadian Copyright,

Would be a traditional law that the Tlingit people follow: Cultural traditions, oral histories, basically something the Canadian Governement trampled over. They could request that the public respect their cultural rights. I guess, from what I understand from the article, is that the City doesn't want to see their poles used in ads or to be taken by someone who will make a profit from the photographed work.

But in essence of copyright law, it is the artist who holds the copy right, not the group of people, nor the city. UNLESS, these poles were commissioned by the city and the artist signed a contract stating they give up all intellectual and artistic rights to the piece... which, from the stand point as an artist, would be highly absurd.

There are reservations in Canada, but the reserve system is DRAMATICALLY different in Canada than it is in the US. I gave an artist talk in Seattle in June, and my work deals with contemporary First Nations (AKA Native American or Indian) issues. In my talk, I mentioned a few touchy points that received amazement and aw from the crowd. I was shocked, because I was talking to the Native American Art Society, and I had just assumed the issues in Canada were the same as the States. Nope, the histories of a similar people, separated by an invisible line, are dramatically different. Anyway, it is my understanding that Native Americans own their reservation land, where as First Nations in Canada don't: the land is owned by the Queen.

At any rate, I think the city has gone a little overboard. Are they going to have some lawyers standing by the poles waiting to hand out court injunctions? I understand the sacred nature of the poles, but this is silly. Way to effectively kill tourism Duncan.