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HomeMy WebLinkAboutCD-35-98 " ~. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Date: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # July 13,1998 Res. #G:,O,q _Ljq~ - 9~ CD-35-98 By-law # USE OF THE TERM "CLARINGTON" AND REPRODUCTION OF COAT OF - ARMS OF THE MUNCIPALlTY AND THE FORMER TOWN OF BOWMANVILLE WITHOUT PRIOR COUNCIL AUTHORIZATION Report #: Subject: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: THAT Report CD-35-98 be received for information. Report On September 29, 1997, Council directed staff to report on the use of the name "Clarington" without prior approval of the municipal council. Since that time, the question has also arisen as to whether or not the coat of arms could be used by someone other than the municipality. In order to determine the above, the Solicitor was consulted. His response, which is self- explanatory, is attached hereto as Attachment NO.1. This report is provided for Council's information. Respectfully submitted Reviewed by ~ W.H. Stockwell Chief Administrative Officer Attachment 706 Attachment No. 1 Tel8jll'lOne (416) 360-3326 Facsimile (416) 868.1080 DENNIS C. HEFFERON BARRISTER & SOLICITOR Suite 2500 130 Adelaide Street Wn1 TORONTO. ONTARIO M!5H 2M2 TDX Box: 38 17 June 1998 BY FAX CONFIDENTIAL Mayor Diane Hamre and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIe 3A6 Dear Mayor Hamre and Members of Council: Re: Use of the Term "Claringtontt and Reproduction of Coats of Arms of the Municipality and the former Town of BowmanvUle Without Prior Council Autborization 1.0 RecoJDmendations 1.1 THAT this report be received. 2.0 Backrround 2.1 This report deals with the use of the term "Clarington" by private persons or companies. It also deals with the reproduction of coat of arms that are the property of the Municipality by private persons or companies. 2.2 J understand that the term "Claringtoll was coined by a citizen task force assigned responsibility for recommending a new name for the "Town of Newcastle". The task torce recommended that the Town of Newcastle be renamed the "Municipality of Clarington". The word "Clarington" combines components of the names of two former Townships, the Township of Darlington and the Township of Clarke. 2.3 The former Town of Newcastle then successfully applied to the Ontario Legislative Assembly for the enactment of a private member's Public Bill to rename the /L7 . Page 2 - municipality the "Municipality of Clarington". (See Regional Municipality of Durham Amendment Act, (Newcastle-Clarington) 1993, S.O, 1993 c.3). All of the powers and properties of the fonner Town of Newcastle continue to be vested in the Municipality of Clarington. 2.4 Presently, the term "Clarington" is used both in the name of the Municipality and as a place which comprises the geographic area of jurisdiction of the Municipality. 2.5 I understand that the coat of arms of the former Town of Newcastle was commissioned by the former Town. It now is the coat of arms of the Municipality. The property right in it is vested in the Municipality. 2.6 Coats of anns are works that may be protected from unauthorized reproduction under the Canadian Copyright Act. Under this Act, copyright subsists for the life of the author or artist thereof plus fifty years. During this period, reproduction of the work without authorization of the owner of the copyright in it, is prohibited. 2.7 Apparently, the coat of arms of the former Town of Bowmanville was created in the period immediately following the incorporation of the Town in January, J 858. Any copyright in this coat of arms would have long since expired. 3.0 Conclusion 3Qd Recommendations 3.1 A term used in legislation such as the legislation to rename the former Town of Newcastle the Municipality of Clarington is not protected from reproduction under the Canada Copyright Act. 3.2 In my opinion, the term "Clarington" is in the public domain. It may be used by any private person or company without prior authorization of the Municipality unless it is used in a context or manner that could be taken by a reasonable person to suggest that the user of it is a representative of, a division of: or an agent of the Municipality. 3.3 The tenn "Clarington" when used simply to identitY a place or geographic area in which a business is carried on (e.g. "Clarington Cleaners and Dyers", "Clarington Cartage") would not suggest to a reasonable person that the particular business is authorized by, represents, or is a division or agent of the Municipality, The use of the term "Clarington" in such a context and for such a purpose would not require prior authorization of the Municipality. 3.4 However, if the term "Clarington" is used as pan of a misrepresentation that the person employing it is a representative ot: a division of, OJ' an agent of the Municipality of Clarington and is used with the imention of deceivi/lg the person or persons to whom the misrepresentation is made, in appropriate circumstances, the Municipality could 7G8 - Page 3 - obtain an order of the Court restraining the person who made the misrepresentation from repeating it. 3.5 With respect to the coat of arms of the fonner Town of Bowmanville created in the period following January, 1958, it is not a work which is protected under the Canada Copyright Act. It may be reproduced without prior authorization of Council. 3.6 On the other hand, since the fonner Town of Newcastle was created as of January 1, 1974, in my opinion. there is no doubt that the copyright in the coat of arms commissioned by the former Town subsists at the present time. Consequently, any lawful reproduction of this coat of anns by a private person or company, must be authorized by Council. Authorization would be in Council's discretion. Yours vety truly, DCH:bg L~ Dennis C. Hefferon C. Mr. W.H. Stockwell /C9 ** TOTAL PAGE.004 **