Aboriginal and Torres Strait Islander visual arts and crafts

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