Reconciliation in Action: How do you know if Aboriginal art is authentic?

So how do you know if you are buying an authentic piece of Aboriginal art — that the purchase supports a fair go for artists?

Do you realise that you have a role to play in ensuring artists maintain agency in their arts practice and in any commercial arrangements related to their art — that the way you purchase art can support this?

First Nations people have been creating art for tens of thousands of years.

It is part of cultural expression, of identity, telling of stories and passing on of traditions and information.

This practice continues today.

Aboriginal and Torres Strait Islander arts and crafts are increasingly recognised, not just in Australia, but internationally.

They are now an important part of the art world.

The recently-released Productivity Commission’s draft report into Aboriginal and Torres Strait Visual Arts and Crafts noted that three in four Australians see Aboriginal and Torres Strait Islander art as an important part of Australia’s culture.

First Nations’ arts and crafts have also become a significant source of ‘economic empowerment’ for artists and communities, with annual sales of $250 million generated annually.

The draft report found that about 19,000 Aboriginal and Torres Strait Islander people receive income from the sale of visual arts and many more are employed in the arts sector or in related industries such as tourism.

As the draft report notes: “Aboriginal and Torres Strait Islander arts and crafts markets have grown and thrived because of the talents and skills of artists, the cultural value artists and communities derive from the practice of art and the works themselves, the strength of Aboriginal and Torres Strait Islander communities, and rising consumer awareness of and demand for authentic Aboriginal and Torres Strait Islander arts and crafts.”

It’s the focus on “authentic Aboriginal and Torres Strait Islander arts and crafts” that is important.

The Productivity Commission, in its draft report, defined ‘authentic’ artwork to be “an original piece authored (or co-authored) by an Aboriginal and Torres Strait Islander person or produced under a licensing agreement with the Aboriginal and Torres Strait Islander artist(s).”

The Commission also defined ‘inauthentic’ artwork as: “Any Aboriginal and Torres Strait Islander visual arts and crafts that don’t meet (the above) criteria — including those that infringe copyright of an Aboriginal and Torres Strait Islander artist’s work or … Indigenous-style arts and crafts made by non-Indigenous people without licensing agreements.”

With the increase in demand for Aboriginal and Torres Strait Islander art, there has also been an increase in the production of inauthentic – or fake – visual arts.

Did you know that two in every three Aboriginal-style souvenirs are made by people with no connection to Aboriginal or Torres Strait Islander people?

Did you know that in 2019-20, this represented $41-$54 million spent on inauthentic Indigenous-style souvenir products?

The negative impact this has on First Nation’s artists and communities led to the Productivity Commission’s recommendation of mandatory labelling of inauthentic products to raise consumer awareness and help them distinguish between authentic and inauthentic products.

In its comments on the impact of fake art, the draft report stated: “Such inauthentic products erode the market share of authentic Aboriginal and Torres Strait Islander products, weaken consumer confidence and misrepresent Aboriginal and Torres Strait Islander cultures.”

A 2019 decision by the Federal Court, to fine an Australian company $2.3 million under consumer law for misleading consumers by promoting their products as genuine Aboriginal art when they were mass-produced in Indonesia, was a landmark ruling.

At the time, National Indigenous Art Fair director Peter Cooley said the ruling was a “great start” in the campaign to protect the genuine Indigenous art industry from counterfeit products.

According to the organisation, Indigenous Art Code: “In many Aboriginal and Torres Strait Islander communities, art sales are the main source of income. Making sure you always buy ethically and authentically is not just about protecting the buyer’s investment, it’s about respect for the world’s oldest living culture, ensuring the artists and those around them are paid fairly and securing a sustainable future for Australia’s Indigenous art industry.”

So, what are the questions you should be asking any art centre, gallery, art dealer, auction house or art fair before you buy?

The following are Indigenous Art Code’s key questions every buyer should consider:

1. Who is the artist?

2. Where is the artist from?

3. How did you acquire the artwork or product in your gallery or shop?

4. How was the artist paid for their work?

5. If it is a reproduction of an artist’s work, how are royalties or licensing fees paid to the artist?

6. How long has your gallery been around? If it has suddenly appeared from nowhere, where was it before? And where will it be next week?

7. Has your gallery signed up to the Indigenous Art Code? If yes, you know it has agreed to follow the Indigenous Australian Art Commercial Code of Conduct.

Ask questions.

Most dealers in Aboriginal and Torres Strait Islander art have high ethical standards and a genuine sense of responsibility to Indigenous artists and their communities.

Many are signatories to the Indigenous Art Code and display this logo at their premises and on marketing materials.

Buyers are encouraged to look for it whenever and wherever they buy Indigenous art.

Regrettably, however, there are some people selling Aboriginal art — and fake Aboriginal art — who respect neither Aboriginal and Torres Strait Islander Culture nor the wellbeing of the artists and their communities. This is why the Indigenous Art Code exists.

Purchasing authentic Aboriginal and Torres Strait Islander art is, as Noongar writer and arts advocate Clare G. Coleman points out: “… a great investment, teaches you a lot about Aboriginal culture and buying it can provide artists and their communities with economic independence.”

So if you are looking for souvenirs at markets, souvenir shops or other outlets with Aboriginal-style merchandise, consider if the work is ‘authentic’. Does your purchase represent a fair go for artists?

Again, ask questions.

Check out galleries and art centres on the internet, ask questions by email or in person.

Check if they are members of the Indigenous Art Code – it’s a strong indicator of intent to support artists ethically.

To find out more about the Indigenous Art Code visit https://indigenousartcode.org/about/

Visit the Kaiela Arts Aboriginal Gallery in Shepparton, located at the new Shepparton Art Museum building — a local Indigenous Art Code member.