Aboriginal art authenticity

When you buy Aboriginal art, how can you be sure it is an authentic piece made by Aboriginal people? Often art which is tagged "Aboriginal-style" has been mass-produced by white people or Aboriginal people did not consent to their symbols and patterns being used. Some claim that 90% of what's labeled "Aboriginal-style" actually wasn't made by Aboriginal people.

In the past there have been attempts to introduce labels which should identify authentic Aboriginal art allowing the buyer to distinguish between Indigenous art which was produced by Aboriginal people and art that was not.

More recent attempts to protect Aboriginal art added a chemical fingerprint to the painting.

Authentic Aboriginal art?

Be careful when you buy items marked as 'Authentic Aboriginal Art'. They might not be.

In April 2010 Mayvic Pty Ltd, an Australian household goods wholesaler, had to withdraw fridge magnets featuring Aboriginal rock art after the Australian Competition and Consumer Commission raised concerns about their authenticity [5].

The company acknowledged that its conduct was likely to have breached the Trade Practices Act 1974. Any product, from expensive fine art works to small souvenir items such as fridge magnets, must come with accurate authenticity claims.

In 1991, the clothing manufacturer Dolina Fashion Group Pty Ltd supplied Grace Bros stores with an 'exclusive' dress design for a major promotion through its network. It was alleged that Dolina's stylists had requested an Aboriginal look from the Japanese fabric maker Sastani to present as the front line of their fashion range.

The problem was that the print supplied by the fabric maker was a direct copy of an original artwork by Aboriginal artist Bronwyn Bancroft, Eternal Eclipse (1998), which had been reproduced illegally. Here's how Bronwyn recalls the case [6].

"It's a funny thing when you're sitting down with a bunch of other Aboriginal people and you're having a cup of tea and someone hears the mailman and goes out and gets the little brochure and brings it in. There's a couple of letters and then there's the Grace Brothers/Myers catalogue. And so I flicked through that. And then all of a sudden I see this really revolting outfit with my painting. Eternal Eclipse, on it!

"So I raced over to Broadway [shopping centre]… So we actually went over to Grace Brothers and I started pulling everything off the bloody rack. The manager descended and said 'What are you doing?' and I went, 'This is my work, how dare you?'… And I said, 'I demand to see your Manager. I want to know who supplied this. I demand they be taken out of this shop immediately.'"

Bronwyn's case was settled out of court and – among others – motivated the development of the National Indigenous Arts Advocacy Association's (NIAAA) Label of Authenticity.

It was only Aboriginal art. I didn't think I had to ask anybody. —Justification for the copyright infringement, according to Bronwyn Bancroft [6]

Attempts to establish a label of authentication

One of these attempts was in late 1999 when the National Indigenous Arts Advocacy Association (NIAAA) tried to introduce an authentication label aimed at promoting genuine products and deterring fraud in the Indigenous arts and crafts industry. The idea was to finance the NIAAA by charging fees for applications and labels. However, by 2001, the protocol was decommissioned due to mismanagement and lack of funds.

2006 saw a Product Authenticity Forum in another attempt to protect the significant Australian export industry of Indigenous art. Research has shown that the $700 million tourism gift market prefers functional gifts that have a story to tell and are Australian-made. But to date the market is without a label that provides security.

Chemical code protects Aboriginal painting

In an attempt to introduce a secure mechanism to identify original Aboriginal paintings a secret chemical code has been painted into an Aboriginal art work to outwit forgers who prey on Indigenous artists.

In the process chemical 'fingerprints' are mixed into each ochre that an artist uses to create their painting. The world's first chemically protected Indigenous artwork is Kimberley artist Freddie Timms' "Wunubi Spring" which he created in September 2008. The combination of all fingerprints is unique and helps experts identify the painting.

The chemical fingerprint cannot be entirely removed or seen with the naked eye. It can also be applied to existing paintings or their canvas.

The chemical technique was created by Rachel Green, a forensic science researcher at the University of Western Australia.

"Five different colours have been encoded differently, so they're quite chemically unique," Ms Green said. [3] "They can't be reproduced."

The new technique is hoped to help identify art works which are produced in Europe, imported into Australia and then being taken into Aboriginal communities where artists paint some parts it to then claim it as their own [4].

Aboriginal copyrights

The moment an Indigenous person creates an artwork it is protected under the Copyright Act [2]. Any subsequent sale of the art does not automatically endorse the copyright which remains with the author unless they decide otherwise.

Aboriginal artists can decide to have a copyright collecting agency represent them. This means that the agency holds images of the artist's work in a database. Clients of this agency can then license the use of art by paying a licensing fee to the agency. The artist receives this fee less any administration costs of the agency. This way the Indigenous artist does not need to negotiate or liaise with clients directly, making them less vulnerable to exploitation or breach of copyright.

The copyright collecting agency for Australia is called Viscopy. It's a non-profit, artist-owned organisation which administers copyright for 6,000 Australian artists, including more than 4,000 Indigenous members. Viscopy also employs Indigenous people as information and education officers.

You should never give away your copyright… Because when I look at my art, I look at my family. So don't deal with anyone who doesn't respect you, who doesn't take on board your cultural needs, your family needs. —Bronwyn Bancroft, Aboriginal artist [6]

Is this piece of art authentic Aboriginal art?

Strictly speaking one would have to answer the following questions to establish if your artwork is authentic Aboriginal [*]:

• Is a story attached to this art? (Some art might not have this relationship.)
• Is the artist who created this art an Aboriginal person? (And who can rightly claim to be "Aboriginal"?)
• Is the artist entitled, or has the authority from the relevant members of the Aboriginal community to paint in a particular style or using a particular set of motifs or icons?
• Does this art come from, and is within the bounds of, traditional Aboriginal culture? (It wouldn't be authentic if a mainland Aboriginal artist used the Torres Strait Islander style.)

Fact There are often also subtle 'marks of authenticity' embedded in Aboriginal paintings.

Many desert art artists paint out in the open where it's dusty. The works of Emily Kame Kngwarreye, an Aboriginal artist from the Utopia community in the Northern Territory, are known to contain hairs of her brushes or little bits of sand from the places where she was painting.

Note Consult an expert when in doubt about a piece of Aboriginal art. Businesses have been taken to court over art classified as 'Aboriginal' when it was not. Be especially mindful before buying from online auction sites. See ACCC v Australian Dreamtime Creations for a sample case.

Respecting cultural values

A label of authenticity serves not only the buyer to know that Aboriginal people have crafted this art, it also serves the Indigenous peoples.

For Aboriginal and Torres Strait Islanders the symbols and motifs used in their designs also hold cultural significance for a particular group. Exploitation of the design impacts not only on the artist but also on the group.

Even if Aboriginal artists paint they have to obtain permission to use icons and symbols of other Aboriginal painters. "[My mother] showed me her artworks and the icons she used," says Noongar Aboriginal artist Jo Stuurman [7]. "I was given permission to use those icons in my artwork, which is very important in validating your artwork and giving it spiritual meaning."

Indigenous art protocol guides

Australia Council's suite of five protocol guides addresses moral, ethical and legal considerations when dealing with Indigenous arts.

The five booklets cover media arts, music, performing arts, visual arts and writing, and are relevant to anyone working in or with the Indigenous arts sector - including artists, government, media, galleries and teachers.

The protocol guides endorse Indigenous cultural and intellectual property rights that are also confirmed in the 2006 United Nations Declaration of the Rights of Indigenous Peoples.

Each of the guides includes case studies of best practice and a checklist of key points for readers to consider. They are available for download at www.australiacouncil.gov.au.

To learn more about the emerging Indigenous Australian Art Commercial Code of Conduct, visit www.indigenousartcode.org.

Voices of Aboriginal artists

Here are some comments given by Aboriginal artists in response to a petition [1] which tried to ban the import of art not made by Indigenous Australian Aboriginal people:

As an Aboriginal artist I strongly protest against the appropriation of Aboriginal totems and motifs for use in the tourist trade as this seriously undermines the integrity of Aboriginal art. To depict something as "Aboriginal style" is a violation of the integrity of Aboriginal artists. Janelle Evansk, Brisbane, QLD

As Chair of the QLD Indigenous Arts Marketing & Export Agency within Department of State Development Trade & Innovation I fully support this initiative. We must protect Indigenous Australian art and cultural products [...]. It is [...] an ethical and spiritual requirement that we do so! Debra Bennet, QLD

I work in Aboriginal health, I am an Aboriginal registered nurse and artist, I have seen the enormous health benefits that exist for my people with art in their own culture. Art is an expression of self & healing for my patients, family and friends who use art for healing, empowerment and economics. Sylvia Lockyer, Port Hedland, WA

Out of respect for Aboriginal culture I use Indigenous sources as much as possible.
Koori Mail 385, p.67, www.aboriginalartonline.com, [1] www.gopetition.com/online/9752.html [2] www.viscopy.com [3] 'World first chemical code placed in Aboriginal painting', NIT 2/10/2008 [4] 'Fraudsters beware', Koori Mail 436 p.13 [5] 'Dodgy art on magnets attracts watchdog ire', Koori Mail 474 p.34 [6] 'No Dots Down Here - Voice of Koorie Artists', Edition 1, Dec 2009 - Feb 2010 pp.3 [7] 'Mission to New York', Koori Mail 479 p.61
[*] Disclaimer: Creative Spirits does not have the authority to give advice on genuine Aboriginal art. Articles found on this site are based on information gained and cited from material found in publicly published work such as newspapers.