Duncan, a small town on Vancouver Island, is known as the City of Totems. Almost 80 totem

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Duncan, a small town on Vancouver Island, is known as the “City of Totems.” Almost 80 totem poles can be found spread throughout the city, both in its downtown core and on the Trans-Canada Highway. In 2007, the city council created a copyright policy to govern the use of images of the totem poles. The policy states that the city holds the copyright policy on the totem collection, that the use of the totem images requires approval from the city, and that the city reserves the right to levy a copyright charge. On what basis could Duncan claim to own copyright in the various totem poles located in the town? If Duncan owns copyright in the totem poles, could people be prevented from taking pictures of the totem poles? Is existing copyright law suitable for the protection of Aboriginal cultural property, such as traditional legends, stories, songs, and knowledge?
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Canadian Business & the Law

ISBN: 978-0176501624

4th edition

Authors: Dorothy DuPlessis, Shannnon o'Byrne, Steven Enman, Sally Gunz

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