'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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.