New protections for Aboriginal art proposed

A mandatory labelling scheme for inauthentic Aboriginal art could curb the sale of fake souvenirs, according to a new draft report by the Productivity Commission.

The new report, released today, found more between 55 and 61 per cent of souvenirs purchased by overseas tourists were inauthentic.

It suggested the labelling of inauthentic art would be more effective in stopping consumers from buying it, rather than branding real Aboriginal art as authentic.

Productivity Commissioner Romlie Mokak said the proposed plan was more practical, as it placed less burden on Aboriginal and Torres Strait Islander artists.

“Inauthentic products can mislead consumers, deprive Aboriginal and Torres Strait Islander artists of income and disrespect cultures,” Mr Mokak said.

“Mandatory labelling would steer consumers toward authentic products and put the compliance burden on those producing fake products, not Aboriginal and Torres Strait Islander artists.”

Australia has previously introduced a voluntary authenticity scheme, launched by the now defunct National Indigenous Arts Advocacy Association, but it was later abandoned after low uptake.

The draft report also recommended introducing new legislation to enable traditional owners to take legal action when Indigenous Cultural and Intellectual Property belonging to their community was used in visual arts and crafts without authorisation.

“Communities have limited legal avenues to protect their sacred stories and symbols from being used without permission and out of context,” commissioner Lisa Gropp said.

“Our draft report proposes new legislation that would recognise the rights of Aboriginal and Torres Strait Islander people to protect these cultural expressions.”

Other recommendations included bolstering the work of the Indigenous Art Code, which provides a set of rules and guidelines that dealers commit to follow to ensure ethical practices and fair treatment of artists, by helping it to establish an external dispute resolution capacity.

The report also highlighted the size and impact of the industry.

It found it was worth $250 million per year and had grown extensively since 2012.

It said Aboriginal art centres, through which $30 million to $47 million of original art was sold, provided spaces for the purchasing of authentic Aboriginal art.

However, according to the Productivity Commission, some art centres were struggling to fill key roles in their communities after funding had decreased in real terms over recent years.

To solve this, it suggested evaluating the effectiveness of expenditure directed at the sector to ensure the right initiatives were being funded.

Indigenous Art Code chair, lawyer and Quandamooka woman Stephanie Parkin said the government needed to make changes off the back of the final report. 

"While we welcome interest and enquiry into various issues of the Indigenous visual arts market, Aboriginal and Torres Strait Islander artists have been consulted on issues of appropriation and exploitation for decades - without meaningful reform," Ms Parkin said. 

"Artists and communities have been vocal about and given clear guidance on their message and solutions - fake art and craft has no place in our society.

"Enough is enough.

"Policy and law reform to stop fake art is needed."