Beware | The
Law | Limitations of Law
Fraudulence in
Native American Art
Buyers
Rights
Copyright Laws and guidelines
established by the Federal Trade Commission legally protect buyers
of any commercial product, which uses misleading claims and outright
deception.
Furthermore, the Arts and
Crafts Law of 1935 and 1990 offers increased protections and stronger
deterrents for wrongdoing in regards to Native American Arts and
Crafts respectively.
Like all laws, these laws
are only as good as the paper they are written on if they are
not obeyed or enforced.
For example, a counterfeiter
in the Philippines had the name of the city where Indian-style
pieces were manufactured changed to Zuni. In complying with the
law, these imports are properly stamped with the word Zuni, fooling
buyers as to their origin.
Native Americans, who once
made a living by crafting these ancestral expressions, now find
themselves working for the enemy.
Local factories who employ
Native Americans exploit their status by claiming the final product
to be Indian crafted. Fearful of losing their jobs, the Native
American workers let this practice go unchallenged.
Collectors of genuine Native
American art can help protect themselves and the artisans by not
supporting knockoffs and by reporting those that misrepresent
the works they are selling as genuine.
If you have purchased a
piece of Native American art that has been misrepresented, proceed
by handling it as you would any other wrongful purchase. Ask the
selling dealer for a refund. If the dealer is unresponsive, contact
your Better Business Bureau and file a formal complaint.
You may also want to notify
any local Chamber of Commerce and the local Attorney Generals
office.
Secondly, to help prevent
this dealer from continuing to sell artwork that is misrepresented
in origin, contact the Indian Arts and Crafts Board .
The Indian Arts and Crafts
board works with the United States Attorney Generals office and
the Federal Bureau of Investigations in pursuing violators of
the protection act. Official follow up and persecution of offenders
protects the artist and the buyer from future infractions.
It is important to keep
written records and receipts from your purchases for future reference.
Besides offering avenues
to help protect consumers and artisans alike, the Indian Arts
and Crafts Board is aggressively attacking frauds and working
to protect the rights of Native Americans through political and
legal channels.
Current and former board
members are actively working to build cases against offenders
that will ultimately lead to major lawsuits.
The Native American Graves Protection and Repatriation Act
In 1990, President George H.W. Bush signed the Native American
Graves Protection and Repatriation Act (NAGPRA).
This act provides legal
protection for human remains and burial artifacts that may have
been unearthed from the grave of a Native American, which includes
native Hawaiians.
Tribes are allowed by law
to request the return of such burial artifacts from any institution
or person who may possess them.
Legally obtained items
are subject to recall by those under the following prioritized
criteria.
- Direct descendants
- Tribal affiliation
- Tribal history (the tribal land where
the artifacts were found, even if such artifacts are from
a different tribe)
- Prior Inhabitants (the tribe which
at one time used the grounds for burial)
For the collector who is
interested in historical significance more than aesthetic appeal,
caution must be taken when making such purchases.
Under NAGPRA, buyers could
be forced to return purchased artifacts with no financial reimbursement.
Basic Rights
All American artisans have certain rights to protect their creations.
Without this protection,
the desire for creative expression would be stymied, and many
of those expressions that have stood the test of time with profound
impact may not be with us today.
From this notion, the United
States Copyright Office established detailed guidelines for the
ownership and protection of created work.
From the U.S. Copyright
Office
Copyright is a form of protection provided by the laws of the
United States (title 17, U.S. Code) to the authors of “original
works of authorship,” including literary, dramatic, musical,
artistic, and certain other intellectual works. This protection
is available to both published and unpublished works. Section
106 of the 1976 Copyright Act generally gives the owner of copyright
the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or
phonorecords;
- To prepare derivative works based
upon the work;
- To distribute copies or phonorecords
of the work to the public by sale or other transfer of ownership,
or by rental, lease, or lending;
- To perform the work publicly, in the
case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works;
- To display the copyrighted work publicly,
in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work; and
- In the case of sound recordings,
to perform the work publicly by means of a digital audio transmission.
- In addition, certain authors of works
of visual art have the rights of attribution and integrity
as described in section 106A of the 1976 Copyright Act.
- Copyright Registration for Works of
The Visual Arts (From U.S. Copyright Office)
It is illegal for anyone
to violate any of the rights provided by
§ 106A. Rights of
certain authors to attribution and integrity
(a) Rights of Attribution and Integrity. — Subject to sections
107 and independent of the exclusive rights provided in section
106 the author of a work of visual art —
(1) shall have the right —
(A) to claim authorship of that work, and
(B) to prevent the use of his or her name as the author of any
work of visual art which he or she did not create;
(2) shall have the right to prevent the use of his or her name
as the author of the work of visual art in the event of a distortion,
mutilation, or other modification of the work which would be prejudicial
to his or her honor or reputation; and
(3) subject to the limitations set forth in section 113(d) shall
have the right —
(A) to prevent any intentional distortion, mutilation, or other
modification of that work which would be prejudicial to his or
her honor or reputation, and any intentional distortion, mutilation,
or modification of that work is a violation of that right, and
(B) to prevent any destruction of a work of recognized stature,
and any intentional or grossly negligent destruction of that work
is a violation of that right.
(b) Scope and Exercise of Rights. — Only the author of a
work of visual art has the rights conferred by subsection (a)
in that work, whether or not the author is the copyright owner.
The authors of a joint work of visual art are co owners of the
rights conferred by subsection (a) in that work.
(c) Exceptions. — (1) The modification of a work of visual
art which is the result of the passage of time or the inherent
nature of the materials is not a distortion, mutilation, or other
modification described in subsection (a)(3)(A).
(2) The modification of a work of visual art which is the result
of conservation, or of the public presentation, including lighting
and placement, of the work is not a destruction, distortion, mutilation,
or other modification described in subsection (a)(3) unless the
modification is caused by gross negligence.
(3) The rights described in paragraphs (1) and (2) of subsection
(a) shall not apply to any reproduction, depiction, portrayal,
or other use of a work in, upon, or in any connection with any
item described in subparagraph (A) or (B) of the definition of
“work of visual art” in section 101 and any such reproduction,
depiction, portrayal, or other use of a work is not a destruction,
distortion, mutilation, or other modification described in paragraph
(3) of subsection (a).
(d) Duration of Rights. — (1) With respect to works of visual
art created on or after the effective date set forth in section
610(a) of the Visual Artists Rights Act of 1990, the rights conferred
by subsection (a) shall endure for a term consisting of the life
of the author.
(2) With respect to works of visual art created before the effective
date set forth in section 610(a) of the Visual Artists Rights
Act of 1990, but title to which has not, as of such effective
date, been transferred from the author, the rights conferred by
subsection (a) shall be coextensive with, and shall expire at
the same time as, the rights conferred by section 106.
(3) In the case of a joint work prepared by two or more authors,
the rights conferred by subsection (a) shall endure for a term
consisting of the life of the last surviving author.
(4) All terms of the rights conferred by subsection (a) run to
the end of the calendar year in which they would otherwise expire.
(e) Transfer and Waiver. — (1) The rights conferred by subsection
(a) may not be transferred, but those rights may be waived if
the author expressly agrees to such waiver in a written instrument
signed by the author. Such instrument shall specifically identify
the work, and uses of that work, to which the waiver applies,
and the waiver shall apply only to the work and uses so identified.
In the case of a joint work prepared by two or more authors, a
waiver of rights under this paragraph made by one such author
waives such rights for all such authors.
(2) Ownership of the rights conferred by subsection (a) with respect
to a work of visual art is distinct from ownership of any copy
of that work, or of a copyright or any exclusive right under a
copyright in that work. Transfer of ownership of any copy of a
work of visual art, or of a copyright or any exclusive right under
a copyright, shall not constitute a waiver of the rights conferred
by subsection (a). Except as may otherwise be agreed by the author
in a written instrument signed by the author, a waiver of the
rights conferred by subsection (a) with respect to a work of visual
art shall not constitute a transfer of ownership of any copy of
that work, or of ownership of a copyright or of any exclusive
right under a copyright in that work.
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair
use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair
use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value
of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all
the above factors.
Copyright Registration for Works of the Visual Arts (from Circular
40)
Copyright protects original “pictorial, graphic, and sculptural
works,” which include two-dimensional works of fine, graphic,
and applied art. The following is a list of example of such works:
[extracted from actual list]
- Artwork applied to clothing or to
other useful articles
- Drawings, paintings, murals
- Fabric, floor, and wallcovering designs
- Jewelry designs
· Needlework
- Original prints such as engravings,
etchings, serigraphs, silk screen prints, woodblock prints
- Sculpture, such as carvings, ceramics,
figurines, maquettes, molds, relief sculptures
- Weaving designs, lace designs, tapestries
Beyond Basic Rights
The United States Government has long recognized the sovereign
status of Indian tribes as domestic dependant nations. Treaties
established between the United States and Native American
tribes have been classified among the supreme laws of the
land.
The Department of Justice
has a commitment to protecting the constitutional and statutory
rights of American Indians, handling Indian affairs with specific
federal concern geared toward the well being of the Indian nations.
The right to religious
freedom is among the cornerstone issues that braced the foundation
of this nation from its infancy. When considering the religious
expressions and rights of American Indians, tribal nations are
also protected under the First Amendment of the United States
Constitution.
Acts such as the American
Indian Religious Freedom Act and National Historic Preservation
Act serve to embrace the understanding of Native American culture
as an essential part of American History.
With this, the federal
government has expressed significant interest in the preservation
of tribal customs and traditions.
In1935, the Department
of the Interior saw fit to have Congress create a law in addition
to the copyright laws that existed in the day, to protect the
work of Native American artisans.
Indian Arts Act of 1935
(From the Department of the Interior)
[Public-No. 355-74th Congress]
[S. 2203]
AN ACT
To promote the development of Indian arts and crafts and to create
a board to assist therein, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That a board is
hereby created in the Department of the Interior to be known as
"Indian Arts and Crafts Board", and hereinafter referred
to as the Board. The Board shall be composed of five commissioners,
who shall be appointed by the Secretary of the Interior as soon
as possible after passage of this Act and shall continue in office,
two for a term of two years, one for a term of three years, and
two for a term of four years from the date of their appointment;
the term of each to be designated by the Secretary of the Interior,
but their successors shall be appointed for a term of four years
except that any person chosen to fill a vacancy shall be appointed
for the un-expired term of the commissioner he succeeds. Both
public officers and private citizens shall be eligible for membership
on the Board. The Board shall elect one of the commissioners as
chairman. One or two vacancies on the Board shall not impair the
right of the remaining commissioners to exercise all the powers
of the Board.
The commissioners shall serve without compensation: Provided,
That each Commissioner shall be reimbursed for all actual expenses,
including travel expenses, subsistence, and office overhead, which
the Board shall certify to have been incurred as properly incidental
to the performance of his duties as a member of the Board.
SEC. 2. It shall be the function and the duty of the Board to
promote the economic welfare of Indian tribes and the Indian wards
of the Government through the development of Indian arts and crafts
and the expansion of the market for the products of Indian art
and craftsmanship. In the execution of this function the Board
shall have the following powers: (a) To undertake market research
to determine the best opportunity for the sale of various products;
(b) to engage in technical research and give technical advice
and assistance; (c) to engage in experimentation directly or through
selected agencies; (d) to correlate and encourage the activities
of the various governmental and private agencies in the field;
(e) to offer assistance in the management of operating groups
for the furtherance of specific projects; (f) to make recommendations
to appropriate agencies for loans in furtherance of the production
and sale of Indian products; (g) to create Government trade marks
of genuineness and quality for Indian products and the products
of particular Indian tribes or groups; to establish standards
and regulations for the use of such trade marks; to license corporations,
associations, or individuals to use them; and to charge a fee
for their use; to register them in the United States Patent Office
without charge; (h) to employ executive officers, including a
general manager, and such other permanent and temporary personnel
as may be found necessary, and prescribe the authorities, duties,
responsibilities, and tenure and fix the compensation of such
officers and other employees: Provided, That the Classification
Act of 1923, as amended, shall be applicable to all permanent
employees except executive officers, and that all employees other
than executive officers shall be appointed in accordance with
the civil-service laws from lists of eligibles to be supplied
by the Civil Service Commission; (i) as a Government agency to
negotiate and execute in its own name contracts with operating
groups to supply management, personnel, and supervision at cost,
and to negotiate and execute in its own name such other contracts
and to carry on such other business as may be necessary for the
accomplishment of the duties of the Board: Provided, That nothing
in the foregoing enumeration of powers shall be construed to authorize
the Board to borrow or lend money or to deal in Indian goods.
SEC. 3. The Board shall prescribe from time to time rules and
regulations governing the conduct of its business and containing
such provisions as it may deem appropriate for the effective execution
and administration of the powers conferred upon it by this Act:
Provided, That before prescribing any procedure for the disbursement
of money the Board shall advise and consult with the General Accounting
Office: Provided further, That all rules and regulations proposed
by the Board shall be submitted to the Secretary of the Interior
and shall become effective upon his approval.
SEC. 4. There is hereby authorized to be appropriated out of any
sums in the Treasury not otherwise appropriated such sums as may
be necessary to defray the expenses of the Board and carry out
the purposes and provisions of this Act. All income derived by
the Board from any sources shall be covered into the Treasury
of the United States and shall constitute a special fund which
is hereby appropriated and made available until expended for carrying
out the purposes and provisions of this Act. Out of the funds
available to it at any time the Board may authorize such expenditures
, consistent with the provisions of this Act, as it may determine
to be necessary for the accomplishment of the purposes and objectives
of this Act.
SEC. 5. Any person who shall counterfeit or colorably imitate
any Government trade mark used or devised by the Board as provided
in section 2 of this Act, or shall, except as authorized by the
Board, affix any such Government trade mark, or shall knowingly,
willfully, and corruptly affix any reproduction, counterfeit,
copy, or colorable imitation thereof upon any products, Indian
or otherwise, or to any labels, signs, prints, packages, wrappers,
or receptacles intended to be used upon or in connection with
the sale of such products, or any person who shall knowingly make
any false statements for the purpose of obtaining the use of any
such Government trade mark, shall be guilty of a misdemeanor,
and upon conviction thereof shall be enjoined from further carrying
on the act or acts complained of and shall be subject to a fine
not exceeding $2,000, or imprisonment not exceeding six months,
or both such fine and imprisonment.
SEC. 6. Any person who shall willfully offer for sale any goods,
with or without any Government trade mark, as Indian products
or Indian products of a particular Indian tribe or group, resident
within the United States or the Territory of Alaska, when such
person 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 be subject to a fine not exceeding $2,000
or imprisonment not exceeding six months, or both such fine and
imprisonment.
It shall be the duty of each district attorney, to whom the Board
shall report in writing any violation of the provisions of this
section which has occurred within his jurisdiction, to cause appropriate
proceedings to be commenced and prosecuted in the proper courts
of the United States for the enforcement of the penalties herein
provided.
Approved, August 27, 1935.
Changing With the Times
As part of legislation to protect intellectual property, Congress
went back and revised the Indian Arts Act of 1935, giving it more
bite in terms of protection, prosecution and fines.
From the Department of
the Interior (Indian Arts Act of 1990)
H.R.2006
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third
day of January, one thousand nine hundred and ninety An Act To
expand the powers of the Indian Arts and Crafts Board, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--INDIAN ARTS AND
CRAFTS
SEC. 101. SHORT TITLE.
This title may be cited as the `Indian Arts and Crafts Act of
1990'.
SEC. 102. POWERS OF INDIAN
ARTS AND CRAFTS BOARD.
Section 2 of the Act entitled `An Act to promote the development
of Indian arts and crafts and to create a board to assist therein,
and for other purposes' (25 U.S.C. 305a) is amended--
(1) in the first sentence--
(A) by striking `the Board' and inserting `the Secretary of the
Interior through the Board'; and
(B) by striking `the Indian wards of the Government' and inserting
`Indian individuals';
(2) by amending clause (g) to read as follows: `(g)(1) to create
for the Board, or for an individual Indian or Indian tribe or
Indian arts and crafts organization, trademarks of genuineness
and quality for Indian products and the products of an individual
Indian or particular Indian tribe or Indian arts and crafts organization;
(2) to establish standards and regulations for the use of Government-owned
trademarks by corporations, associations, or individuals, and
to charge for such use under such licenses; (3) to register any
such trademark owned by the Government in the United States Patent
and Trademark Office without charge and assign it and the goodwill
associated with it to an individual Indian or Indian tribe without
charge; and (4) to pursue or defend in the courts any appeal or
proceeding with respect to any final determination of that office;';
and
(3) by adding at the end the following new sentence: `For the
purposes of this section, the term `Indian arts and crafts organization'
means any legally established arts and crafts marketing organization
composed of members of Indian tribes.'.
SEC. 103. REFERRAL FOR
CRIMINAL AND CIVIL VIOLATIONS.
The Act entitled `An Act to promote the development of Indian
arts and crafts and to create a board to assist therein, and for
other purposes' (25 U.S.C. 305 et seq.) is amended by adding at
the end of the following:
`SEC. 5. (a) The Board may receive complaints of violations of
section 1159 of title 18, United States Code, and refer complaints
of such violations to the Federal Bureau of Investigation for
appropriate investigation. After reviewing the investigation report,
the Board may recommend to the Attorney General of the United
States that criminal proceedings be instituted under that section.
`(b) The Board may recommend that the Secretary of the Interior
refer the matter to the Attorney General for civil action under
section 6.'.
SEC. 104. CRIMINAL PENALTY
FOR MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
(a) IN GENERAL- Section
1159 of title 18, United States Code, is amended to read as follows:
SEC. 1159. MISREPRESENTATION
OF INDIAN PRODUCED GOODS AND PRODUCTS
`(a) It is unlawful to offer or display for sale or sell any good,
with or without a Government trademark, in a manner that falsely
suggests it is Indian produced, an Indian product, or the product
of a particular Indian or Indian tribe or Indian arts and crafts
organization, resident within the United States.
`(b) Whoever knowingly violates subsection (a) shall--
`(1) in the case of a first violation, if an individual, be fined
not more than $250,000 or imprisoned not more than five years,
or both, and, if a person other than an individual, be fined not
more than $1,000,000; and
`(2) in the case of subsequent violations, if an individual, be
fined not more than $1,000,000 or imprisoned not more than fifteen
years, or both, and, if a person other than an individual, be
fined not more than $5,000,000.
`(c) As used in this section--
`(1) the term `Indian' means any individual who is a member of
an Indian tribe, or for the purposes of this section is certified
as an Indian artisan by an Indian tribe;
`(2) the terms `Indian product' and `product of a particular Indian
tribe or Indian arts and crafts organization' has the meaning
given such term in regulations which may be promulgated by the
Secretary of the Interior;
`(3) the term `Indian tribe' means--
`(A) any Indian tribe, band, nation, Alaska Native village, or
other organized group or community which is recognized as eligible
for the special programs and services provided by the United States
to Indians because of their status as Indians; or
`(B) any Indian group that has been formally recognized as an
Indian tribe by a State legislature or by a State commission or
similar organization legislatively vested with State tribal recognition
authority; and
`(4) the term `Indian arts and crafts organization' means any
legally established arts and crafts marketing organization composed
of members of Indian tribes.
`(d) In the event that any provision of this section is held invalid,
it is the intent of Congress that the remaining provisions of
this section shall continue in full force and effect.'.
(b) CONFORMING AMENDMENT- The item relating to section 1159 in
the table of sections for chapter 53 of title 18, United States
Code, is amended to read as follows:
`1159. Misrepresentation of Indian produced goods and products.'.
SEC. 105. CAUSE OF ACTION
FOR MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
The Act entitled `An Act to promote the development of Indian
arts and crafts and to create a board to assist therein, and for
other purposes' (25 U.S.C. 305 et seq.) (as amended by section
3) is further amended by adding at the end of the following:
`SEC. 6. (a) A person specified in subsection (c) may, in a civil
action in a court of competent jurisdiction, bring an action against
a person who offers or displays for sale or sells a good, with
or without a Government trademark, in a manner that falsely suggests
it is Indian produced, an Indian product, or the product of a
particular Indian or Indian tribe or Indian arts and crafts organization,
resident within the United States, to--
`(1) obtain injunctive or other equitable relief; and
`(2) recover the greater of--
`(A) treble damages; or
`(B) in the case of each aggrieved individual Indian, Indian tribe,
or Indian arts and crafts organization, not less than $1,000 for
each day on which the offer or display for sale or sale continues.
`(b) In addition to the relief specified in subsection (a), the
court may award punitive damages and the costs of suit and a reasonable
attorney's fee.
`(c)(1) A civil action under subsection (a) may be commenced--
`(A) by the Attorney General of the United States upon request
of the Secretary of the Interior on behalf of an Indian who is
a member of an Indian tribe or on behalf of an Indian tribe or
Indian arts and crafts organization; or
`(B) by an Indian tribe on behalf of itself, an Indian who is
a member of the tribe, or on behalf of an Indian arts and crafts
organization.
`(2) Any amount recovered pursuant to this section shall be paid
to the individual Indian, Indian tribe, or Indian arts and crafts
organization, except that--
`(A) in the case of paragraph (1)(A), the Attorney General may
deduct from the amount recovered the amount for the costs of suit
and reasonable attorney's fees awarded pursuant to subsection
(b) and deposit the amount of such costs and fees as a reimbursement
credited to appropriations currently available to the Attorney
General at the time of receipt of the amount recovered; and
`(B) in the case of paragraph (1)(B), the amount recovered for
the costs of suit and reasonable attorney's fees pursuant to subsection
(b) may be deducted from the total amount awarded under subsection
(a)(2).
`(d) As used in this section--
`(1) the term `Indian' means any individual who is a member of
an Indian tribe; or for the purposes of this section is certified
as an Indian artisan by an Indian tribe;
`(2) the terms `Indian product' and `product of a particular Indian
tribe or Indian arts and crafts organization' has the meaning
given such term in regulations which may be promulgated by the
Secretary of the Interior;
`(3) the term `Indian tribe' means--
`(A) any Indian tribe, band, nation, Alaska Native village, or
other organized group or community which is recognized as eligible
for the special programs and services provided by the United States
to Indians because of their status as Indians; or
`(B) any Indian group that has been formally recognized as an
Indian tribe by a State legislature or by a State commission or
similar organization legislatively vested with State tribal recognition
authority; and
`(4) the term `Indian arts and crafts organization' means any
legally established arts and crafts marketing organization composed
of members of Indian tribes.
`(e) In the event that any provision of this section is held invalid,
it is the intent of Congress that the remaining provisions of
this section shall continue in full force and effect.'.
SEC. 106. PENALTY FOR COUNTERFEITING
INDIAN ARTS AND CRAFTS BOARD TRADEMARK.
Section 1158 of title 18, United States Code, is amended by striking
`be fined not more than $500 or imprisoned not more than six months,
or both; and' and inserting `(1) in the case of a first violation,
if an individual, be fined not more than $250,000 or imprisoned
not more than five years, or both, and, if a person other than
an individual, be fined not more than $1,000,000; and (2) in the
case of subsequent violations, if an individual, be fined not
more than $1,000,000 or imprisoned not more than fifteen years,
or both, and, if a person other than an individual, be fined not
more than $5,000,000; and (3)'.
SEC. 107. CERTIFICATION
OF INDIAN ARTISANS.
For the purposes of section 1159 of title 18, United States Code,
and section 6 of the Act entitled `An Act to promote the development
of Indian arts and crafts and to create a board to assist therein,
and for other purposes' (25 U.S.C. 305 et seq.) an Indian tribe
may not impose a fee in certifying an individual as an Indian
artisan. For the purposes of this section, the term `Indian tribe'
has the same meaning given such term in section 1159(c)(3) of
title 18, United States Code.
The Omnibus Trade and Competitiveness
Act
The Omnibus Trade and Competitiveness Act of 1988 requires that
Indian-style imports be indelibly marked with the country of origin.
Concerning Dealers
(From the Indian Arts and Crafts Association)
The Indian Arts and Crafts Association (IACA) is a not-for-profit
organization established in 1974 to support the ethical promotion
and protection of authentic Native American art and culture. IACA
works to stop fraud and abuse within the market for Indian art
through education, publicity, authentication and use of our logo
to indicate certified ethical businesses. IACA sponsors the largest
wholesale trade shows of handmade Indian art in the world twice
a year. Members include Native American artists, wholesale and
retail dealers, museums, collectors and others who support the
goals of the organization. IACA supports and works for the protection
of indigenous art worldwide.
The IACA offers a publication
designed to make it easy for you to find sources of authentic
Native American arts and crafts. The directory is divided into
three parts. It list members, alphabetically, geographically by
state and by product line.
The publication can be
obtained by phone (505) 265-9149. It can also be obtained by sending
16.50 (includes shipping with in United States) to :
IACA
4010 Carlisle NE, Ste. C
Albuquerque, NM 87107
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