Okanagan Nation Alliance takes over Ogopogo copyright

The copyright for the name of a legendary creature said to inhabit Okanagan Lake has returned home to the Okanagan Nation Alliance.

Lawmakers in Vernon voted unanimously to relinquish the rights held by the city for 65 years.

The palindromic name Ogopogo is a made-up word derived from n ̓xǎ xaitkʷ ̌ (n-ha-ha-it-koo) in the Syilx language, meaning ‘spirit of the lake.’ The name and story carry religious significance to the Syilx people.

The copyright was given to the City of Vernon in 1956 by Arthur Gilbert (Gil) Seabrook. He obtained ownership of the Ogopogo trademark personally in 1952 for a radio marketing and promotional effort, according to his obituary.

Since turnover to Vernon, the rights have rarely been asked for use, believed to only be granted twice. But the most recent request in March from Don Levers for a sequel to his 1985 self-published book, Ogopogo: The Misunderstood Lake Monster, sparked a conversation about cultural appropriation. First Nation communities were dismayed to learn the city held the copyright to a story and concept tied to Syilx culture.

The transfer, according to a report to city council, was initially thought to be a straightforward assignment, but soon became convoluted. It was met with a trademark challenge from a third party, challenges to the original 1956 assignment, an in-depth story by the British newspaper The Guardian, and several COVID-19 and emergency delays.

Vernon city council resolved to assign the rights to the Okanagan Nation Alliance during a closed-door meeting in March 2021. The final stamp of approval was given Tuesday afternoon.

In a quirk of bureaucracy, in 1989, Ogopogo was listed under the B.C. Wildlife Act, making it illegal to hunt or disturb the species.