'Profit from other people's pain': Residential school survivors warn of stolen designs on orange shirts
Vancouver Island Indigenous artist Douglas "Bear" Horn created an Indigenous logo and gifted it to Eddy Charlie and Kristen Spray for the group Victoria Orange Shirt Day. It was used to create awareness about Canada’s residential school system.
"I gifted it to them to help however I could," Horn told CTV News on Tuesday.
Now, companies around the world have copied that logo, and many others like it, and are profiting off the orange shirt movement.
"You know, it’s hurtful to see this happening," said Horn. "It’s not why I created this design and I know there's other artists who've had their designs taken on these websites I’ve seen."
Eddy Charlie is a residential school survivor and one of the founders of Victoria Orange Shirt Day, or Xe Xe Smun’Eem, meaning sacred child.
He speaks to groups about the atrocities of residential schools.
"We do this with good intentions, and the fact that somebody stole the design to profit from other people's pain, it's mind numbing," said Charlie.
Going online and searching "orange shirt" will bring up many different companies selling shirts with copied logos on them. CTV News reached out to many of the companies through email, which is often the only listed means of communication. No responses were received Tuesday.
A company out of Texas called Earthfurever listed its phone number on its website, but nobody answered the phone when we attempted to call them.
"Whenever an Indigenous artist creates a work of art, they have copyright in that and whenever someone copies it, they’ve infringed the copyright of the Indigenous artist,” said Doug Thompson, a partner with the law firm Thompson Cooper.
Thompson specializes in intellectual property. He says the laws are very clear when it comes to art.
"If they’re creating something that is new and original, that belongs to them," said Thompson. "It’s their right to allow others to use it for Orange Shirt Day but it’s not the right for anyone to copy."
Thompson says it’s a complicated process of trying to receive compensation or get a website to stop, especially if a company is located outside of Canada.
"If I was acting for the Indigenous artist, I would determine where the problem is originating from," said Thompson. "I would file for copyright to register the copyright because in some jurisdictions having a registered copyright actually is a precondition to starting court action."
"I would be trying to determine through a series of letters if the person can either receive compensation or the other people will stop what they’re doing," he said.
It was Phyllis Webstad’s story of having her orange shirt taken away from her in a residential school as a young girl that sparked the creation of Orange Shirt Day. She wants consumers to be aware when purchasing a shirt online.
"I just want to educate the consumer so that they’re aware," said Webstad. "To make sure that designs aren’t stolen is the first thing and check where proceeds are being sent to."
When those proceeds land in the hands of an overseas company, it’s not supporting the orange shirt cause in Canada.
Official orange shirts, with artwork approved by original artists, can be found through many different sources in Canada, including through Victoria Orange Shirt Day, the Orange Shirt Society, or at any London Drugs location.
An official orange shirt complete with artist Douglas "Bear" Horn's signature is shown: (CTV News)An official orange shirt complete with artist Douglas "Bear" Horn's signature is shown: (CTV News)
An orange shirt on Etsy is shown. The design was stolen from artist Douglas "Bear" Horn, with his signature removed from the shirt.
An orange shirt on Etsy is shown. The design was stolen from artist Douglas "Bear" Horn, with his signature removed from the shirt.
CTVNews.ca Top Stories
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn’t over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball’s highest scorer Caitlin Clark’s first news conference as an Indiana Fever player.
U.S. vetoes a widely supported UN resolution backing full membership for Palestine
The United States has vetoed a widely backed UN resolution that would have paved the way for full United Nations membership for the state of Palestine.
Grandparent scam suspects had ties to Italian organized crime, police allege
A group of suspects that allegedly defrauded seniors across Ontario and other parts of Canada using a so-called emergency grandparent scam appear to have ties to 'Italian traditional organized crime,' according to an investigator involved in the OPP-led probe.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Cat found on Toronto Pearson airport runway 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
N.L. gardening store revives 19th century seed-packing machine
Technology from the 19th century has been brought out of retirement at a Newfoundland gardening store, as staff look for all the help they can get to fill orders during a busy season.