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Aboriginal and Torres Strait Islander visual arts and crafts

Study report

Released 13 / 12 / 2022

This report examines the value, nature and structure of markets for Aboriginal and Torres Strait Islander visual arts and crafts, and makes recommendations to the Australian Government to address deficiencies in these markets.

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  • At a glance
  • Media release
  • Contents

Key points

  • Aboriginal and Torres Strait Islander people have been creating visual arts and crafts for tens of thousands of years. This practice has grown into a significant industry, generating income for artists and arts workers, creating economic opportunities for communities, and helping to maintain, strengthen and share Aboriginal and Torres Strait Islander cultures.
  • Total sales of Aboriginal and Torres Strait Islander visual arts and crafts reached at least $250 million in 2019‑20 — this includes about $35 million in artwork sales through art centres and at least $80 million in sales of merchandise and consumer products (mostly souvenirs).
    • The average income for the 7300 artists who sold art through an art centre in 2019‑20 was just over $3200. For artists not working through art centres, average income was about $6000.
  • Inauthentic Aboriginal and Torres Strait Islander arts and crafts — which include Indigenous‑style products created by non‑Indigenous people, products that use Indigenous Cultural and Intellectual Property (ICIP) without the authorisation of traditional custodians, and products that infringe copyright — are a pervasive and longstanding problem.
    • Non‑Indigenous authored products accounted for up to $54 million of spending, representing well over half of total spending on Aboriginal and Torres Strait Islander souvenirs in 2019‑20.
  • Sellers, and some buyers, might benefit from trading in inauthentic products. However, these products can displace sales of authentic goods, depriving communities of income, and can mislead consumers as they are often marketed in ways that suggest they are authentic, undermining trust in the market.

    Inauthentic products also cause broader harms, as they misrepresent Aboriginal and Torres Strait Islander culture. Traditional owners are not able to control whether and how aspects of ICIP, such as sacred symbols, are used in visual arts and crafts.

  • Balancing these considerations, there is a strong case for targeted legislative and regulatory reforms to better deal with inauthentic visual arts and crafts.

    New legislation to provide Aboriginal and Torres Strait Islander traditional owners with legal remedies where their cultural assets — such as sacred symbols and motifs — are used in visual arts and crafts without authorisation would recognise longstanding cultural practice while encouraging artistic innovation and collaboration.

  • A mandatory disclosure requirement for Indigenous‑style products not created or licensed by an Aboriginal and Torres Strait Islander person offers a proportionate and cost effective way of helping consumers distinguish between products and reducing unfair competition in the market.
  • Strong art centres, peak arts organisations and support services for artists — working through art centres or independently — are critical for future growth, but are under pressure. Aboriginal and Torres Strait Islander people are under‑represented in management and leadership roles in the sector. An independent evaluation of Australian Government funding — undertaken in partnership with Aboriginal and Torres Strait Islander people — is needed to inform future funding needs, objectives and priorities.
    • As part of this evaluation, the Australian Government should clarify roles and responsibilities for the long‑term development of the Aboriginal and Torres Strait Islander visual arts and crafts workforce.

Media requests

02 6240 3330 – media@pc.gov.au

Aboriginal and Torres Strait Islander visual arts and crafts

The Productivity Commission has published its final report on Aboriginal and Torres Strait Islander visual arts and crafts.

We found …

Aboriginal and Torres Strait Islander visual arts and crafts markets are strong, dynamic and growing.

Total sales exceed $250 million annually — including at least $35 million in artwork sales and $80 million in sales of merchandise and consumer products.

Inauthentic products are common — two-thirds of Indigenous-style souvenirs are made without input from Aboriginal and Torres Strait Islander people.
Indigenous Cultural and Intellectual Property (ICIP) has intrinsic value, but is sometimes used without permission and in ways that are inappropriate.
Strong art centres, peak arts organisations and artist support services are critical for future growth, but are under pressure.
We recommend …
Mandatory disclosure for Indigenous-style products that are not made or licensed by an Aboriginal or Torres Strait Islander artist.
New laws that will give traditional owners greater control over how their cultural assets are used in visual arts and crafts.
Comprehensive evaluation of government funding, increased funding to strengthen the Indigenous Art Code and explicit focus on workforce development.
Visit our website to read the final report
pc.gov.au/indigenous-arts

Government action needed because two in three Indigenous-style souvenirs are fake

The Productivity Commission is calling for the Australian Government to introduce legislation that will enable Aboriginal and Torres Strait Islander communities to protect important aspects of their cultures from being misappropriated in visual arts and crafts.

Two in three products in the $80 million dollar Indigenous-style souvenirs market are fake with no connection to Aboriginal and Torres Strait Islander people, the Commission says in a report released today.

Many visual arts and crafts misappropriate sacred cultural symbols and stories, undermining customary laws and causing harms and offence. The Commission recommends a comprehensive set of actions to tackle these problems.

Inauthentic Indigenous-style products mislead consumers, deprive Aboriginal and Torres Strait Islander artists of income and disrespect cultures,” Commissioner Romlie Mokak said.

“Communities have limited legal avenues to stop their cultures from being used without permission and out of context,” he said.

“Mandatory disclosure where products are not made or licensed by an Aboriginal and Torres Strait Islander person would steer consumers toward authentic products and put the compliance burden on those producing fake products, not Aboriginal and Torres Strait Islander artists.

“In combination with new cultural rights legislation, we consider mandatory disclosure to be a more proportionate and practical response than trying to ban inauthentic products,” Commissioner Lisa Gropp said.

The Commission found that annual sales of Aboriginal and Torres Strait Islander visual arts and crafts, including souvenirs, were at least $250 million, supporting thousands of jobs — many in remote communities — and are a major drawcard for tourists.

Many Aboriginal and Torres Strait Islander artists engage successfully with art dealers, galleries and consumers — often through community-controlled art centres. But there are still instances of unscrupulous behaviour towards artists. And Aboriginal and Torres Strait Islander people remain under-represented in management and leadership roles in the sector.

The Commission recommends strengthening the supports available to artists through the Indigenous Art Code, and reviewing the adequacy and effectiveness of government funding, to ensure it aligns with community priorities, and supports future growth in the Aboriginal and Torres Strait Islander visual arts and crafts workforce.

The report on Aboriginal and Torres Strait Islander visual arts and crafts will be available from the Commission’s website upon release: www.pc.gov.au

Media requests

02 6240 3330 – media@pc.gov.au

  • Preliminaries: Cover, Copyright, Terms of reference, Disclosure of interests, Contents and Acknowledgements
  • Overview
    • Key points
    • Aboriginal and Torres Strait Islander visual arts and crafts markets are strong, dynamic and growing
    • Inauthentic visual arts and crafts are pervasive and cause cultural and economic harm
    • New legislation and policy changes could mitigate harms and help sustain sector growth
    • Mandating the disclosure of non-Indigenous authorship will help consumers and Aboriginal and Torres Strait Islander artists
    • Governments could do more to promote fair and ethical markets
    • A sustainable Aboriginal and Torres Strait Islander arts and crafts workforce should be a focus for governments
    • Funding arrangements should enable a strong and sustainable sector
  • Summary of the Commission’s recommendations
  • Recommendations and findings
  • 1. About this study
    • 1.1 What we have been asked to do
    • 1.2 The Aboriginal and Torres Strait Islander visual arts and crafts sector
    • 1.3 Our approach
  • 2. The contributions of Aboriginal and Torres Strait Islander arts and crafts
    • 2.1 Arts and crafts are integral to Aboriginal and Torres Strait Islander cultures
    • 2.2 Arts and crafts support Aboriginal and Torres Strait Islander people’s self-determination and wellbeing
    • 2.3 Arts and crafts provide critical social and economic benefits for Aboriginal and Torres Strait Islander people
    • 2.4 Aboriginal and Torres Strait Islander arts and crafts play a key role in Australia’s economy, identity and culture
  • 3. Markets for visual arts and crafts
    • 3.1 Annual sales of Aboriginal and Torres Strait Islander visual arts and crafts exceed a quarter of a billion dollars
    • 3.2 Aboriginal and Torres Strait Islander artists
    • 3.3 Original artworks and crafts
    • 3.4 Consumer products
  • 4. Authenticity in arts and crafts
    • 4.1 What determines authenticity?
    • 4.2 There are different forms of inauthenticity
    • 4.3 Who is affected by these issues and how?
    • 4.4 Why do these issues exist and persist?
    • 4.5 What does this mean for policy responses?
  • 5. Protecting Indigenous Cultural and Intellectual Property
    • 5.1 Are stronger protections needed?
    • 5.2 What are the options for legislative change?
    • 5.3 Multiple measures are needed
  • 6. New cultural rights legislation
    • 6.1 The framework
    • 6.2 What would be protected?
    • 6.3 Who could take action?
    • 6.4 What would count as an infringement?
    • 6.5 Institutional arrangements
  • 7. Addressing information gaps in the market
    • 7.1 Current approaches to distinguish and promote the work of Aboriginal and Torres Strait Islander artists
    • 7.2 Scope for strengthening existing measures to promote and distinguish authentic products
    • 7.3 Regulatory options to help consumers identify non‑Indigenous authored products
    • 7.4 Implementing a disclosure requirement for non-Indigenous authored products
  • 8. Aboriginal and Torres Strait Islander artists’ experiences of unethical conduct
    • 8.1 What do fair and ethical dealings with artists look like?
    • 8.2 Artists’ experiences of unfair or unethical conduct
    • 8.3 Many factors strengthen the position of artists in the market
    • 8.4 Supporting ethical industry conduct
  • 9. Government funding
    • 9.1 Many (mostly small) funding programs support Aboriginal and Torres Strait Islander arts and crafts
    • 9.2 Key issues with funding arrangements
    • 9.3 Addressing shortcomings in government funding
    • 9.4 Funding arrangements should centre Aboriginal and Torres Strait Islander people
  • 10. Strengthening the workforce
    • 10.1 What are the industry’s key concerns?
    • 10.2 Opportunities for governments to strengthen the Aboriginal and Torres Strait Islander visual arts and crafts workforce
  • Appendices
  • A. Public Engagement
  • B. Art centres
    • B.1 Growth in art centre sales revenues varies across remote art regions
    • B.2 Most artworks sold are paintings, but demand for other forms of visual arts and crafts has increased
    • B.3 Most artworks are bought by domestic buyers, but overseas sales have grown
    • B.4 Most artworks are produced by older and female artists
    • B.5 Most artwork sales are attributable to a relatively small number of artists
    • B.6 New artists have declined in number in recent years
    • B.7 Art centres have moved towards selling artworks for higher prices
    • B.8 Art centres are increasingly selling through consignment
  • C. Data and methodologies
    • C.1 Data about Aboriginal and Torres Strait Islander artists
    • C.2 Estimating the size of markets for Aboriginal and Torres Strait Islander visual arts and crafts
    • C.3 Estimates about inauthentic products
  • D. Current approaches to Indigenous Cultural and Intellectual Property
    • D.1 An international perspective
    • D.2 Australia’s legal framework
  • Abbreviations
  • References

Printed copies

Printed copies of this report can be purchased from Canprint Communications.

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