Geraldine Moodie and her Pioneering Photographs: A Piece of Canada’s Copyright History

With permission of Glenbow Museum

I particularly wanted to put up this post this week because I think it fits perfectly with the theme of WIPO’s World Intellectual Property Day theme, “Powering Change: Women in Innovation and Creativity”. It is a story of a remarkable woman and one of Canada’s copyright pioneers, someone who has remained in the shadows for too long.

In 1904-05 Geraldine Moodie accompanied her husband Douglas Moodie, an officer in the North West Mounted Police, to a remote outpost on Hudson’s Bay, called Fullerton Harbour. Douglas Moodie had been sent there on a Canadian Government steamship (the Neptune) to establish a police outpost as a Canadian presence in the north. This would have been just another story of a frontier couple except for the fact that Geraldine Moodie is considered to be the first professional female photographer in the Canadian west. She had been married to Douglas since 1878 and had accompanied him to several postings across the prairies and in the process had discovered photography. She established her first photography studio in Battleford, Saskatchewan (then North West Territories) in the 1890s.

Geraldine and Douglas arrived in Fullerton Harbour in September of 1903. As soon as winter set in, the Neptune was frozen in the ice and remained in the harbour until the ice broke up on July 18, 1904 (yes, July—this was before global warming). Unlike stories of ships crushed in the ice, this was pre-planned, with the ship carefully anchored and banked with snow. When the Moodies arrived, the US whaling schooner Era was already in port, also planning to pass the winter there. With winter coming in a few weeks, Moodie and his constables set about constructing the police post and customs house (so he could ensure that duty was paid on imports and exports traded by ships such as the Era). It was a long dark winter, but this gave Geraldine the time to explore the photographic possibilities in the north, both the geography and the people. This became a family endeavour as Douglas had also taken up photography, inspired by his wife. In fact one of Douglas’ mandates was to document the newly established Canadian presence in the north for the benefit of the Canadian Government. Both Geraldine and Douglas were in their early 50s by 1904-05 (they both lived long rich lives, passing away in their 90’s, in 1945 and 1947 respectively), with adult children not with them, thus allowing them plenty of time to document the lifestyle of the Inuit people living in the area.

The photographs they produced in the winters of 1903-04 and 1904-05, some converted to lantern slides, are a remarkable documentary record. The characters of the people photographed immediately engage the viewer. The passage of more than a century is stripped away, and the subjects come to life. This remarkable collection was donated to the Glenbow Museum in Calgary, Alberta, in 2015, by family members and last year was put on display. That is where I saw it and learned about the Moodie’s during a visit to Calgary last year.

While this is all very interesting (to me, at any rate), what does it have to do with copyright? Well, at the end of the gallery at the Glenbow where the photos were displayed sat a glass case containing the original copyright certificates for Geraldine’s works. These certificates, issued by the Canadian Department of Agriculture (Copyright Branch) and dated November 29, 1905 and July 6, 1908 were to register “an album of photographs called Esquimaux Pictures” along with a list of 20 folios of itemized photographs of Inuit men, women and children. Probably the most famous is the one at the top of this blog, a photograph of “KooTuckTuck”, a “deaf and dumb Inuit girl”. This photograph of this beautiful woman, wearing her traditional costume, was featured on a Canadian postage stamp in 2013.

Geraldine’s certificate reminds us of some interesting history with regard to the protection of copyright in Canada. Canada did not have its own Copyright Act until 1924, although there was some earlier legislation that had limited effect. Several attempts had been made to pass legislation in the 1890s but each time it was vetoed by the British authorities, (the Governor-General) who still had final approval over Canadian legislation at that time. Why was the legislation blocked? Canada, semi-autonomous but not fully independent, became the indirect victim of a copyright dispute between Great Britain and the US.

In the 1890s, copyright law was still evolving and there were disputes between British and US publishers. Until Britain and the US reached an agreement in 1891 to respect each other’s copyrights, many US publishers used to print copies of books first published in Britain but without payment of royalties, selling them at a discounted rate. Britain, in turn, blocked the import of such books into the UK—and into other parts of what was then the British Empire, including Canada. However, many booksellers in Canada wanted access to the cheaper US reprints for resale in Canada. This led to a stalemate between competing interests, with the Imperial government siding with the British publishers and blocking any changes to Canadian copyright legislation. (US publishers weren’t the only ones taking advantage of what was then a strictly territorial application of copyright protection. A number of Canadian publishers published the works of Mark Twain without payment of royalties, prompting him to take up temporary residence in Montreal around the time his books were released in the US so as to gain the benefit of British copyright protection).

This history means that the copyright law in force in Canada at the time Geraldine Moodie took her photos and registered them was the Imperial Copyright Act, dating back to 1842, along with further legislation introduced at the time of the signing of the Berne Convention in 1886, the treaty which established the first international copyright regime. Canada, by virtue of being part of the British Empire, became an acceding state to Berne, although it had been given the option by the British of opting out.

Under the rules established by the Berne Convention it was no longer compulsory to register a work in order to get copyright protection, but there was still an option to do so, a choice that exists today in Canada and many countries. During that period any materials registered by the Canadian Copyright Branch had to be provided in three copies, one for the Copyright Branch, one for the Canadian Parliamentary Library, and one for the British Museum, which explains why many early Canadian photographs, including Geraldine’s KooTuckTuck portrait are in the British Museum collection.

When I saw Geraldine’s certificates, I was curious to find out why the Department of Agriculture was responsible for copyright registration. It seems that back in those early days of the post-Confederation Government of Canada, there were not many government departments and Agriculture became a kind of catch-all. In addition to its primary responsibilities in the field of agriculture, the Department was responsible for arts and manufactures, archives, immigration, quarantine and public health, the census and statistics in addition to patents, copyright, trademarks and industrial designs. That is quite a portfolio!

It is a testament to Geraldine Moodie’s professionalism that, over a century ago, she went to the considerable trouble and effort required to register the copyright on her photographs, submitting 3 mounted copies to the Registrar in Ottawa from her remote outpost. That professionalism is further borne out by the timeless quality of her work. Copyright in Canada was “growing up” in the early 1900s, just as the country itself was growing up, asserting its sovereignty over the Arctic and gradually establishing full legislative independence from Britain. Geraldine Moodie’s photographs—and her early copyright certificates—are a part of that history.

© Hugh Stephens, 2018. All Rights Reserved.

 

 

Vietnam and 123Movies: Whatever the Reasons for the Shut-down, It’s a Major Step Forward

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When Vietnam-based popular pirate movie streaming site 123Movies, aka GoMovies, suddenly announced last month that they were shutting down—and advised its users to start paying for content– there was both relief and some head-scratching on the part of the content industry. The piracy site has long been a thorn in the side of content owners. It was cited by the International Intellectual Property Alliance (IIPA) in its 2018 submission to the US Government as part of the US Trade Representative’s (USTR) annual Special 301 country review process and featured in USTR’s most recent Notorious (Pirate) Markets report. Recently it was described by a senior executive of the Motion Picture Association of America (MPAA) as “the most popular illegal site in the world”, with 98 million visitors a month. Now it’s gone, and good riddance to it. Continue reading “Vietnam and 123Movies: Whatever the Reasons for the Shut-down, It’s a Major Step Forward”

Blocking Offshore Content-Theft Sites in Canada: It’s now up to the CRTC

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Comments are finally closed. The submissions are in. It’s all over but the decision (and possibly public hearings enroute to a decision, along with FairPlay’s response). We will have to wait and see whether the CRTC (Canadian Radio-Television and Telecommunications Commission) steps up to the plate and discharges its responsibilities, or ducks the issue and strikes out. Continue reading “Blocking Offshore Content-Theft Sites in Canada: It’s now up to the CRTC”

The “Whale of Tale” is Finally Over: Cetaceans and Copyright Controversies

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Gary Charbonneau has won! You may remember Charbonneau as the independent film maker who made a crusading documentary criticising the Vancouver Aquarium for keeping cetaceans (whales, dolphins and porpoises) in captivity and on display. He used, without permission, some of the Aquarium’s footage in his film, lifting it from the Aquarium website (in violation of its terms of service) as well as using some footage he shot within the facility itself. The Aquarium sued, claiming copyright violation, seeking to have the film blocked. I first wrote about the case almost two years ago. (here). In a recent development, the Aquarium has announced that it has thrown in the towel, bowing to public opinion, and will no longer keep whales and dolphins in captivity. Continue reading “The “Whale of Tale” is Finally Over: Cetaceans and Copyright Controversies”

Internet Platforms: It’s Time to Step up and Accept Your Responsibility (Or Be Held Accountable)

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Canada’s Minister of Heritage Melanie Joly is but the latest political leader to awaken to the new realities of the Internet age. Those Internet giants, the “platforms” or “Internet intermediaries” that provide the interface between consumers and those who create and produce the content that users seek, have been getting a free ride in terms of contributing to content creation while scooping up the lion’s share of the advertising dollars. The content creators, those who provide the honeypot that the consumer bees flock to, get the crumbs from the table (to mix a metaphor). According to Mme. Joly, it is high time the platforms started to accept some responsibility for the role they play in packaging, selecting and disseminating content, whether entertainment or news. Continue reading “Internet Platforms: It’s Time to Step up and Accept Your Responsibility (Or Be Held Accountable)”

The 2018 GIPC Index: Ranking 50 Countries by their IP (and Copyright) Standards

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For the sixth year in a row, the US Chamber of Commerce’s Global Innovation Policy Center, or GIPC (relabelled from its previous title of Global Intellectual Property Center) has published its annual International IP index measuring how countries around the world stack up when it comes to innovation and intellectual property (IP). This year the report covers more countries (50, up from 45) and is more comprehensive than ever. The Index benchmarks 40 indicators across the full range of IP issues, encompassing patent, copyright, trademark, trade secrets, commercialization of IP assets, enforcement, systemic efficiency and membership in and ratification of international treaties. As I commented last year, the Index makes a significant contribution to the measurement of standards and performance across a range of intellectual property indicators. Continue reading “The 2018 GIPC Index: Ranking 50 Countries by their IP (and Copyright) Standards”

The Effectiveness of Site Blocking: It is a Matter of Common Sense

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Much ink has been spilled of late regarding the new FairPlay Canada Coalition’s proposal to establish a process to have the Canadian Radio-television and Telecommunications Commission (CRTC) require internet service providers (ISPs) in Canada to disable access to designated offshore websites that host stolen content. According to the proposal, these websites have to be “blatantly, overwhelmingly or structurally engaged in piracy”. In other words, they are not your average site hosting some infringing material, but websites dedicated whole hog to promoting stolen content. An independent agency would make recommendations to the CRTC as to which websites fit the category of blatant infringers. Continue reading “The Effectiveness of Site Blocking: It is a Matter of Common Sense”