Thread: IACA ReDux
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Old 01-07-2012, 10:57 PM   #138
Keely
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Quote:
Originally Posted by yaahl View Post
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?
Oh I found where the confusion is at you are in Canada... things are different there than they are here.

Since you are in Canada, I can only wonder why you have such interest in the IACA since it does not pertain to Canadians, that is, unless a person comes down to the states to sell, then they would need to sell their items as Canadian Aboriginal. Problem solved.
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