Thread: IACA ReDux
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Old 01-07-2012, 07:02 PM   #132
yaahl
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Quote:
Originally Posted by Keely View Post
I hope to be able to see some of your paintings

I agree that it will be easier in the future to start setting a provenance now, but Wikpedia discribes it as:

http://en.wikipedia.org/wiki/Provenance

Provenance, from the French provenir, "to come from", refers to the chronology of the ownership or location of an historical object.[1] The term was originally mostly used for works of art, but is now used in similar senses in a wide range of fields, including science and computing. Typical uses may cover any artifact found in archaeology, any object in paleontology, certain documents (such as manuscripts), or copies of printed books. In most fields, the primary purpose of provenance is to confirm or gather evidence as to the time, place, and—when appropriate—the person responsible for the creation, production, or discovery of the object. This will typically be accomplished by tracing the whole history of the object up to the present. Comparative techniques, expert opinions, and the results of scientific tests may also be used to these ends, but establishing provenance is essentially a matter of documentation.

In archaeology (particularly North American archaeology and anthropological archaeology throughout the world), the term provenience is used somewhat similarly to "provenance". Archaeological researchers use provenience to refer to the three-dimensional location of an artifact or feature within an archaeological site,[2] as opposed to provenance, which includes an artifact's complete documented history.

Provenance issues regarding works of art and cultural artifacts is a largely taboo subject within the museum discipline
Keely, in the art world I work in, we produce certs of provenance. My gallery owners and my agent require it of me in my contracts as they do with all their other artists. The two museums that have my work also required it. It's not a matter of should we take measures to record the provenance of a piece, it's expected now up here in the Canadian art world, especially if one is an Aboriginal, Metis or Inuit artist.

However that said, in my spare time work I deal with museums, galleries and private collectors to repatriate artifacts and human remains to their original First Nation. Provenance and provenience are key documents in getting negotiations underway.

Perhaps you would like to set out what are the amendments forthcoming on the IACA. Are these amendments a result of public consultation or committee? How far along are amendments in getting pronounced to be in full force and effect?

I'm curious as to why native artists aren't speaking more about Intellectual Property to protect their work over relying on the IACA? If as you gave in your example, that someone copied a design from Begay and reproduced it, why wouldn't they seek damages under the copyright laws? I think by the sound of what you have described that Natives in the US aren't using their copyright and IP ownership to stop counterfeits but relying upon a law that even you have admitted isn't enforced all that much.

Recently, I had someone copy and reproduce some of my work and when I discovered the reproductions (thanks a very cool org that I am a member of that vigilantly searches for ripoffs of my work and other artists) I fired off a legal claim for copyright infringements. Now our laws up here are pretty strict and very clear on what I can do to protect my work. Some say IP litigation is pretty toothy and yields results beyond anything that civil or criminal prosecution could yield. For every image this offender made of my work, they were made pay me 10,000 per image. The judge could have ordered up to 20,000 per image but the offender voluntarily destroyed all images and provided proof. I'd rather have a law that protects my work against forgeries, counterfeits and unauthorized reproductions than something that protects the consumer via the artist's authentication.

Who gets the fines up to the specified amounts in the IACA? The government or the artist? Let's think about that for a minute.

One of my other concerns that if a Native artist actually wanted to mass produce their work, say for argument sake, a specific designed pair of beaded earring. Maybe even sell a licensing agreement to a chic brand store, then how does the IACA hamper or assist that endeavour? Does the IACA approved Native then have to relinquish their ability to tout the earrings as "Indian Made" in favour of economic development? What if an IACA approved Indian were to hire assistants in their studio work or even to assist in installations work, do those assistants have to be IACA approved in order for the originator of the work to still be able to say "Indian Made"?

Are any of the changes to the act you've alluded to addressing any of this?
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