MakeWay retains the legal rights to all assets associated with the Project, including but not limited to:

• Reports
• Intellectual property
• Research
• Products
• Items produced or acquired by the Project

Truth-telling between settlers and Indigenous people, with the goal of reconciliation or decolonization, is an important conservation in Canadian society at present. MakeWay has made internal and external commitments to engage in the work of reconciliation. We recognize that many projects will be led by, delivered in partnership with, or serve Indigenous people. MakeWay respects and upholds the legal right or title of Indigenous peoples described in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Indigenous-led projects of MakeWay Charitable Society are not a project solely defined in terms of its legal status under the corporate legislation of “jurisdiction”, but also in a framework of protection of Indigenous Peoples knowledge and legal traditions.

Legal title to all assets associated with Indigenous-led projects rests with MakeWay Charitable Society. In particular, all legal right and title to any asset, report, intellectual property, product or other item produced or acquired in connection with Indigenous-led projects will be an asset of MakeWay Charitable Society. This will not include any legal right or title otherwise owned or explicitly retained by any third party collaborator in the creation or development of an asset.

Furthermore, for Indigenous-led projects of MakeWay Charitable Society, this will not include any legal right or title of Indigenous peoples otherwise protected through those intellectual and legal traditions described in Article 31.1 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP):

Article 31.1

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

Projects may choose to include the above statement as a clause in their terms of reference.

MakeWay retains the copyright to any materials produced by a Project, including but not limited to:

• Books
• Videos
• CD's
• Films
• Software

Projects must identify themselves as "MakeWay – (Project Name)" when registering copyrights or trademarks. Projects must review all copyright and trademarks submissions with their Project Specialist prior to submission.

MakeWay retains the intellectual property rights to all publications, including electronic publications and blog posts.

If the materials produced by a Project earn royalties, these revenues are allocated to the Project.

If the Project moves its activities to another charitable organization, MakeWay would typically grant all assets to the other organization.

If the Project moves it activities to a non-charitable organization, MakeWay would typically sell all assets to the other organization. Under CRA guidelines, MakeWay cannot grant charitable resources (such as assets or work product) to a non-charitable entity. Any resources or product must be sold at fair market value if they are going to a non-charitable entity.