Re: Arts and Crafts Act

irwinl@cofc.edu
Thu, 10 Aug 1995 12:43:30 -0500


Here's a direct citation from the Indian Art and Crafts
Board Act passed in 1935 by Congress [Statute 49:891-93]:

"It shall be the function and duty of the Board to promote the
economic welfare of the Indian Tribes through the development of Indian
arts and crafts and the expansion of the market for the products of Indian
art and craftsmanship."

[In the process the Board shall also] "create Government trademarks
of genuiness and quality for the Indian tribes or groups; to establish
standards and regulations for use of such trade marks' to license
coroparations, assocaitions or individuals to use them"...

"Any person who shall counterfeit or colorably imitate any
Governement trade mark used or devise by the Board ... or shall willingly
and corruptly affix any reproduction, counterfeit, copy or colorable
imitation thereupon any products, Indian or otherwise, to be used in
connection with the sale of such products, or any person who shall
knowlingly make any false statement for the purpose of obtiaining the
use of such a trade mark shall be guilty of a misdemeanor and upon
conviction...shall be fined $2,000 or imprisoned for not more than six
months, or both."

"Any person who shall willfully offer or display for sale any
goods, with or *without* any Government trade mark, as Indian products of a
particular Indian or group, resident within the USA or Alaska, when such
persons knows such goods are not Indian products or are not Indian products
of the particular Indian tribe or group, shall be guilty of a misdemeanor
and subject to a fine not exceeding $2,000 or imprisonment not exceeding
six month in jail or both."

In short it is ILLEGAL for any person to sell any Indian art with a
tribal name fixed to or to tell anyone that it is a type of tribal art
other than the members of those tribes. Look at the label on the art, if it
says, "Navajo" it means "made by the Navajo people only"...otherwise it is
illegal and such persons can be arrested and fined or imprisoned or both.
Most legit art has the name of the craft person on the label.

Yosah