Post by blackcrowheart on Jan 19, 2006 15:43:27 GMT -5
NATIVE AMERICAN ARTS & CRAFTS
www.artslaw.org/NAGPRA.HTM
A number of federal statutes have been enacted which concern the
American Indian community as well as the arts community and the
crafts community. The first is the Native American Graves Protection
and Repatreation Act which is having its greastest effect upon
museums and collectors of Indian artiifacts and remains. The other
legislation is called the Indian Arts & Crafts Act of 1990. Craft
makers, both big and small, will feel the effects of this one.
The Native American Graves Protection and Repatreation Act, or
NAGPRA, requires those museums that have native american human
remains or objects in their collections to catolog them and publish
that catolog for the various tribes to review. If a tribe believes
that the items are from their tribe, and the itmes are human remains
or artifacts that meet certain statutory guidelines, then they must
be returned to that tribe. No compensation is paid by the tribe in
return.
In some situations, a museum need not comply with the law, but this
law is making American Indian artifacts harder to procure. That is
the major effect it is having on the private collector. Also, musuems
will tend not to be in the market for artifacts as they may just have
to return them to the tribes for free. In other words, be wary when,
and if, you are collecting Indian artifacts and expect fluctuating
prices.
The Indian Arts & Crafts Act of 1990 may have a greater effect on the
artist and craftmaker community than NAGPRA. Under this Act, it is
illegal to offer or display for sale or sell any product that falsely
suggests it is Indian-produced, an Indian product, or a product of a
particular Indian or Indian tribe or Indian arts and crafts
organization. The punishment for violation can be a fine of up to
$250,000 or more and imprisonment of up to 5 years or more.
In order to be an "Indian" under this Act, you must be registered on
the tribal rolls of a state or federally recognized tribe or be
certified by a tribe or band as an Indian Artisan. Even someone who
is 100% native American cannot make "Indian Art" or "Indian Products"
if they are not on the rolls of a recognized tribe.
So far, there has been a lack of standards regarding definition of
some of the terms, such as "Indian Art," as well as no clear
guidelines governing enforcement. One tribe is even considering legal
action against a second tribe which is allegedly manufacturing dolls
or other crafts that utilize the names, traditions or styles of the
first tribe. At this time though, it is important that non-native
Americans be aware that the making and/or selling of "Indian" crafts
could amount to a federal offense.
First Published Version, copyright 1995 David M. Spatt
INDEX TO ARTS & LAWS
. THIS WEBSITE CANNOT BE USED AS A SUBSTITUTE FOR SOUND LEGAL ADVICE
FROM A COMPETENT ARTS OR ENTERTAINMENT ATTORNEY. In the event of a
legal problem or question, specific legal consultation is advised.
This website is intended only as a means of educating arts
organizations and artists of all disciplines as to their potential
legal rights and liabilities. The information provided is made
available with the understanding that neither OSLA nor the office of
David M. Spatt is engaging in the rendering of legal counsel.
www.artslaw.org/NAGPRA.HTM
A number of federal statutes have been enacted which concern the
American Indian community as well as the arts community and the
crafts community. The first is the Native American Graves Protection
and Repatreation Act which is having its greastest effect upon
museums and collectors of Indian artiifacts and remains. The other
legislation is called the Indian Arts & Crafts Act of 1990. Craft
makers, both big and small, will feel the effects of this one.
The Native American Graves Protection and Repatreation Act, or
NAGPRA, requires those museums that have native american human
remains or objects in their collections to catolog them and publish
that catolog for the various tribes to review. If a tribe believes
that the items are from their tribe, and the itmes are human remains
or artifacts that meet certain statutory guidelines, then they must
be returned to that tribe. No compensation is paid by the tribe in
return.
In some situations, a museum need not comply with the law, but this
law is making American Indian artifacts harder to procure. That is
the major effect it is having on the private collector. Also, musuems
will tend not to be in the market for artifacts as they may just have
to return them to the tribes for free. In other words, be wary when,
and if, you are collecting Indian artifacts and expect fluctuating
prices.
The Indian Arts & Crafts Act of 1990 may have a greater effect on the
artist and craftmaker community than NAGPRA. Under this Act, it is
illegal to offer or display for sale or sell any product that falsely
suggests it is Indian-produced, an Indian product, or a product of a
particular Indian or Indian tribe or Indian arts and crafts
organization. The punishment for violation can be a fine of up to
$250,000 or more and imprisonment of up to 5 years or more.
In order to be an "Indian" under this Act, you must be registered on
the tribal rolls of a state or federally recognized tribe or be
certified by a tribe or band as an Indian Artisan. Even someone who
is 100% native American cannot make "Indian Art" or "Indian Products"
if they are not on the rolls of a recognized tribe.
So far, there has been a lack of standards regarding definition of
some of the terms, such as "Indian Art," as well as no clear
guidelines governing enforcement. One tribe is even considering legal
action against a second tribe which is allegedly manufacturing dolls
or other crafts that utilize the names, traditions or styles of the
first tribe. At this time though, it is important that non-native
Americans be aware that the making and/or selling of "Indian" crafts
could amount to a federal offense.
First Published Version, copyright 1995 David M. Spatt
INDEX TO ARTS & LAWS
. THIS WEBSITE CANNOT BE USED AS A SUBSTITUTE FOR SOUND LEGAL ADVICE
FROM A COMPETENT ARTS OR ENTERTAINMENT ATTORNEY. In the event of a
legal problem or question, specific legal consultation is advised.
This website is intended only as a means of educating arts
organizations and artists of all disciplines as to their potential
legal rights and liabilities. The information provided is made
available with the understanding that neither OSLA nor the office of
David M. Spatt is engaging in the rendering of legal counsel.