Arts and crafts act one tool in fight for rights
John Russell
BY JODI RAVE LEE Lincoln Journal Star
http://www.journalstar.com/native?story_id=31&date=
Meredith Stanton needs to hear complaints.
"Unless people come to us, that puts us in a difficult position," said
Stanton, acting director of the Indian Arts and Crafts Board in Washington,
D.C. "We have to rely on people to come to us with complaints. It's best to
get a written complaint from a person, business or a tribe."
The board, an agency within the Interior Department, forwards alleged
violations of the Indian Arts and Crafts Act to the FBI and recommends cases
to the U.S. Attorney General.
The Arts and Crafts Act of 1990 is a truth-in-advertising law, prohibiting
misrepresentation in marketing Native arts and crafts products within the
United States in an industry that has annual sales of more than $1 billion.
Many complain the act is flawed.
"It's a potentially effective tool that has never been used," said Suzan
Shown Harjo, a longtime advocate of Native artists and president of the
Morning Star Institute. "There have been no prosecutions under that act -
and
it's only 10 years old. At some point you have to start moving forward. The
agencies charged with enforcing the Indian Arts and Crafts Act have done
nothing."
Sens. Ben Nighthorse Campbell of Colorado and Pete Domenici of New Mexico
would likely agree. They recently co-sponsored a bill cracking down on the
sale of fake Indian arts and crafts. On Oct. 5, the Senate passed the Indian
Arts and Crafts Enforcement Act, which would allow Native crafts
organizations, tribes and individuals to bring charges against
counterfeiters.
"This new approach will actually give more power to the Native Americans
themselves to go to court and solve some of these problems through the
courts," said Sarah Echols, a spokeswoman for Domenici. "The authority that
existed has not been working because we keep hearing from Indians . . .
there
are still chronic infringements on their trademarks."
The legislation will go to the House for consideration but is unlikely to be
resolved before Congress convenes.
The Indian Arts and Crafts Act protects some cultural property belonging to
Native people. And it also has a trademark provision, the only
Indian-specific law protecting indigenous intellectual property, said Melody
McCoy, a staff attorney at the Colorado-based Native American Rights Fund.
McCoy said Native people should not believe they have no legal rights or
recourse when it comes to protecting their intellectual property.
Indigenous people, she said, should use existing patent, trademark and
copyright laws: "They may not like what they have to do to come within
protection of those laws, but they can do it."
The next step requires tribal leaders to pursue tougher laws that would
protect intangible properties such as songs, ceremonies, symbols and
stories,
said McCoy.
Even though many point to flaws in the Native American Graves Protection and
Repatriation Act of 1990, it stands as landmark legislation in the
protection
of cultural property.
"The changes in cultural property rights came about because tribes,
religious
leaders and Indian organizations banded together to push for those changes,"
McCoy said. "That hasn't happened yet for intellectual property."
John Russell
people who are fraudulently claiming to be native artists can be prosecuted
easier ..... if the man knew he would have been prosecuted for his scam he
probably would never have done it in the first place..... I mean 10 years
and not a single prosecution? Something is definitely wrong with that.
John
<redb...@my-deja.com> wrote in message news:8sgbpn$j6j$1...@nnrp1.deja.com...
> It may be flawed, John, but it helped my husband run off a white artist
> selling his art as "authentic Northwest Coast" art. My husband
> compained to the gallery where this man showed his art, called the fBI,
> and POOF! No more rip off man. He claimed in his bio that he had
> learned his craft from "the elders of Blake Island." Blake Island is a
> well known tourist trap. They have a salmon bake, Indian dancers and
> carvers. But it isn't a traditional village.
>
> In article <39eba6c9$0$16...@wodc7nh1.news.uu.net>,
> Sent via Deja.com http://www.deja.com/
> Before you buy.
redb...@my-deja.com
redb...@my-deja.com
artists. The guy my husband had the go round with, was making big bucks
off of fake Indian art. He should have been prosecuted for fraud, if
nothing else. Fortunately, he didn't know that he would not be
prosecuted, so he left the area. If he had advertised as Native style
art, my husband would never have done anything. It was that he called
his work "authentic." In fact, he had the arrogance to say his was
"more authentic" because he made exact repos of museum work, while my
husband takes the time to create new pieces using traditional Coastal
Salish designs.
In article <39ebb9b1$0$16...@wodc7nh1.news.uu.net>,
"John Russell" <long...@NOSPAMqconline.com> wrote:
> Well they aren't trying to get rid of the law just give it more teeth
so
> people who are fraudulently claiming to be native artists can be
prosecuted
> easier ..... if the man knew he would have been prosecuted for his
scam he
> probably would never have done it in the first place..... I mean 10
years
> and not a single prosecution? Something is definitely wrong with that.
>
> John
>
> <redb...@my-deja.com> wrote in message
news:8sgbpn$j6j$1...@nnrp1.deja.com...
Anuh1
>Well they aren't trying to get rid of the law just give it more teeth so
>people who are fraudulently claiming to be native artists can be prosecuted
>easier ..... if the man knew he would have been prosecuted for his scam he
>probably would never have done it in the first place..... I mean 10 years
>and not a single prosecution? Something is definitely wrong with that.
>
I'll believe they are serious when the VA stops allowing some of the vendors
they get in to sell NA art without documentation.
Anuh1
>They don't prosecute the rip off
>artists. The guy my husband had the go round with, was making big bucks
>off of fake Indian art. He should have been prosecuted for fraud, if
>nothing else. Fortunately, he didn't know that he would not be
>prosecuted, so he left the area. If he had advertised as Native style
>art, my husband would never have done anything. It was that he called
>his work "authentic." In fact, he had the arrogance to say his was
>"more authentic" because he made exact repos of museum work, while my
>husband takes the time to create new pieces using traditional Coastal
>Salish designs.
I personally have no quarrel with people who do copies of authentic work as
long as they don't tell people that they are NA. I've seen some absolutely
beautiful pieces made by non-NA's.
I have real quarrels with people who makes and sell junk and are able to charge
a higher price because of this law just because they are NA. Junk hurts us
all.
I also have a really bad problem with people who claim to be selling works done
by NA's but who only "know" it to be true and can't substantitate it with the
legal documentation. Particularly when that work is sub-standard in quality.
redb...@my-deja.com
his work to be "authentic." If he had advertised it as Native style, no
problem. He didn't. He even tried to claim his as "more authentic" than
Native work.
There are some of our people who do junk and sell it for high prices.
One lives a few blocks from us. It is unfortunate. I wish he wouldn't
do it, as he can do better when he cares to. But, he won't because he
doesn't want to take the time. You are correct: junk hurts us all.
In article <20001019121414...@nso-fi.aol.com>,
an...@aol.com (Anuh1) wrote:
> In article <8sgj1v$p18$1...@nnrp1.deja.com>, redb...@my-deja.com
writes:
>
> >They don't prosecute the rip off
> >artists. The guy my husband had the go round with, was making big
bucks
> >off of fake Indian art. He should have been prosecuted for fraud, if
> >nothing else. Fortunately, he didn't know that he would not be
> >prosecuted, so he left the area. If he had advertised as Native style
> >art, my husband would never have done anything. It was that he called
> >his work "authentic." In fact, he had the arrogance to say his was
> >"more authentic" because he made exact repos of museum work, while my
> >husband takes the time to create new pieces using traditional Coastal
> >Salish designs.
>
> I personally have no quarrel with people who do copies of authentic
work as
> long as they don't tell people that they are NA. I've seen some
absolutely
> beautiful pieces made by non-NA's.
>
> I have real quarrels with people who makes and sell junk and are able
to charge
> a higher price because of this law just because they are NA. Junk
hurts us
> all.
>
> I also have a really bad problem with people who claim to be selling
works done
> by NA's but who only "know" it to be true and can't substantitate it
with the
> legal documentation. Particularly when that work is sub-standard in
quality.
>
>
RunningWolf
>I also have a really bad problem with people who claim to be selling works
>done
>by NA's but who only "know" it to be true and can't substantitate it with the
>legal documentation. Particularly when that work is sub-standard in quality.
or the "trading posts" and tourist traps that take the "made in china" labels
off and hang it next to the real stuff...
and the sales clerks who say..."well, the man who brings it in is jen u wine
indian"...
which brings up another question...
is the jen-u-wine tribe recognized by the bia???
runningwolf
if you can't be a good example, then you'll just have to be a horrible warning.
catherine aird
old age ain't for sissies.
bette davis