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Indigenous IP report extracts
1. Extracts from the report:
Artists in the Black 7.54 Lack of artist educationis a hindrance whentrying to litigate against
'carpet baggers',46
46 Mr Alex Malik,Submission6,p.36.
Education of consumers
7.63 There are currently a number of initiatives designedtoeducate consumersabout Indigenous
art, methodsby which to ensure that the arts' authenticity,and to undermine illegal andunethical
activity.58 Consumereducationcan be dividedinto domesticand international,howeverinboth
cases it aims to ensure that the consumer is aware of the arts' authenticity,and that the customer
can be confidentthat payments providedare of fair value and that the moneywill be providedto
the recognised,legitimate artist.There is a strong recognitionthat such educationwill assist in
curtailing unethical activity,59 and help establishand support Indigenousintellectual property
rights.60
60 Mr Alex Malik,Submission6,p.1. "In particular,greaterpubiceducationshouldbe undertaken
regardingthe importance of IndigenousAustralianIntellectualProperty(IP) rightsandinthe impact
of IPrightsinfringementinthisarea.IndigenousAustraliansshouldalsoreceive greatereducation
regardingtheirlegal rightsinthe adventof IPrightsinfringementimpactingonthem.Australian
Aboriginesneedtobe made aware that theyare not powerlesstopreventthe theftof their
creativity,andcriminal andcivil remediesexisttopreventthistype of activity.NonIndigenous
Australiansneedtobe made aware thatthe theftof IndigenousAustralianartsandcraft is not a
victimlesscrime."
7.70 Like educationfor Indigenousartists there have been,through a variety of submissions,calls
for greater fundingsupport for consumereducation programs. Christine Godden,while
recognisingthat some initiativeshave occurred,argued they are not substantive enoughand
recommendsthat substantial fundsshould be available for a nation wide,consumereducation
campaign about purchasing authentic Aboriginal art.677.
71 AlexMalik, while positive aboutthe initiative,himselfdiscussedthe lackof resourcingin the
context ofthe ANKAAA/NT Governmentbrochure.This brochure containsinformation regarding
the piracy and counterfeitingofIndigenousAboriginal art and craft. However the existence ofthis
type ofbrochure appears to be a rare incidence.The absence of brochures and informationsheets
other than this brochure demonstratesthat there isa needfor greater Governmenteducationin
this area.68
68 Mr Alex Malik,Submission 6,p.39