Thread: IACA ReDux
View Single Post
Old 01-06-2012, 09:05 PM   #90
Keely
Tiny Tot Dancer
 
User InfoThanks / Tagging InfoGifts / Achievements / AwardsvBActivity Stats
Keely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond reputeKeely has a reputation beyond repute
Join Date: Feb 2003
Location: Kansas
Posts: 70
Credits: 0.00
Savings: 0.00
Quote:
Originally Posted by yaahl View Post
Thank you very much Keely, appreciate it.

I've often thought that when a car manufacturer names a car after a Tribe or Place that they really are on a marketing scale trying to maximize the romance of the name with the vehicle.

(GM named a vehicle, Denali and the Yukon so when I tell folks where I grew up, they reply.. oh like the truck? Someone actually thought I meant I grew up in the back of a Yukon truck *sigh*)

Do you think it's time we all started being a little more firm in folks using tribal names regardless of the reason why - if they are using it for marketing purposes or to aligned themselves with the name to appear a bit more legitimate or entitled? I get annoyed when I google something Cherokee and a freaking SUV pops up as the first hit on the search.

I have seriously had a conversation with a non-native person who insisted that all of us natives get royalties whenever a car with a tribal name is sold or other items of merchandise. I wish...LOL

One thing I noticed when reading the IACA, is that it doesn't protect artists when their work is re-sold. In some jurisdiction - Cali for one, protects artists from unfair purchasing with respect to their art by affording them the right to collect royalties of their work when resold.

I've always seen the IACA as more of a merchandising and false advertising piece of legislation rather than a beefed up piece of legislation to protect Natives and their work. It's pretty clear that if a federally recognized tribe wishes to sanction a non-enrolled person to use the tribal affiliation - they can. I've also wondered why tribal councils haven't capitalized on this and started a fee per sanction to non-enrolled artists? Crumbs, I pay a huge amount in membership fees to professional bodies, why not add a payment for the use of being able to use a tribal affiliation or be able to say, Native descendant of X tribe if it meant that much.

Anyway, just a few things to move this thread along... more pie anyone?
The IACA is not just to protect the artists, but it is also to protect the consumer. Getting the consumer educated is a big part of being able to enforce the law.

Art on the secondary market, I am not sure if I am reading the question correctly or know how you mean for it to be, but if someone purchases my work and then re-sells in the secondary market, I have no control, however, it is the responsiblity of the secondary seller to provide the proof I am enrolled in a recognized tribe, if a person purchases my work, and there is no proof of enrollment with it, they are welcomed to contact me and I am always happy to help them out.

The IACA does not cover a person who claims to be of "Native descent" that person must be enrolled with a recognized tribe, the only way a person can currently avoid the enrollment issue is to be able to obtain a legal statement from a recognized tribe, which states the person is not enrolled but they are a decendant, of which the tribe does recognize them as a Indian artist from their tribe. There are people who cannot enroll for many reasons, but they are Indian, and it is up to the tribe to give them the artist recognition.

Revisions of the law are being worked on.

It is a tough road to enforce, years ago at a art festival, a woman from Missouri who had a printed out paper on her table that read "Indian beadworker artist, Mrs. Jane Doe is from the Cherokee Tribe of Missouri, she does her beadwork in the old traditional ways...." I flat told her she was full of crap, to which I got the story of how her ancestors hid from the removal.. I also complained to the orginizers of the art festival, they thought I was telling a story, they made the choice not to believe me, and stated that bead artist would be returning the following year... I got pamplets from the IACA and took them to the group who does the art festival, and told them that should they ever have a Indian artist again, make sure they are enrolled in a recognized tribe, if they have any questions they can contact me.... The woman from Missouri has NOT been invited back and the Indian artists who have since come, are in compliance with the law.
Keely is offline   Reply With Quote Share with Facebook