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Blog: Protecting Native artists from knock-offs
Wednesday, April 8, 2009
Filed Under: Arts & Entertainment

"Thanks to the Indian Arts and Crafts Act, Native artists have the right to promote their economic development through their creativity and traditional talents without fear of being undermined by imitation pieces. Established in 1990, the act falls under the Truth in Advertising law, which prohibits misrepresentation in marketing Native arts and crafts within the U.S. It is illegal to offer, display or sell any product that falsely suggests that it is produced by, or the product of, a particular Native tribe, artist or organization. First-time violators may face civil or criminal penalties that carry a $250,000 fine and a five-year prison term. Businesses are held to a higher standard - those found guilty can face civil penalties or fines totaling $1 million.

Although the act was originally established in 1935, little was done by government officials to enforce the protection laws. An agency located in the U.S. Department of the Interior that was created by Congress, the Indian Arts and Crafts Board (IACB) is currently responsible for the authentication of genuine Native art. Due to widespread counterfeit issues and the rising value of Native art, the 1990 legislation significantly expanded the power of the IACB to file civil and criminal suits against those who violate the law. In 2000, former President Bill Clinton extended a hand to further strengthen the law by also enabling Tribal governments and individuals to file enforcement suits."

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Teresa Castillo: Protecting Natives from Knock-offs (ColorsNW 4/8)

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