the need for reform in indian arts
TRANSCRIPT
THE NEED FOR REFORM IN INDIAN ARTS
Todd Leahy, UMKC School of LawChristina Alge, Michigan Department of Elections
DEFINING INDIAN ARTS & CRAFTS
MISSION Encourage Indians
to make pieces buyers want
Educate potential buyers
INDIAN ARTS AND CRAFTS ACT OF 1935
To promote economic welfare of the Indian tribes and Indian individuals through the development of Indian arts & crafts
The rise of fakes One of the
necklaces is fake the other real, can you tell the difference?
ATTEMPTING TO RIGHT A WRONG: INDIAN ARTS & CRAFTS ACT 1990
PROBLEM I: SEEKING TO DEFINE “INDIAN”
“THOSE PERSONS ENROLLED IN OR CERTIFIED BY A FEDERAL OR STATE-RECOGNIZED INDIAN TRIBE.”
PROBLEM II: CRIMINAL PROVISIONS & ENFORCEMENT
$250,000 & 5 YEARS
Native American Arts Inc v. Moon Raven Inc (1998)
Native American Arts Inc v. Chico Arts Inc (1998)
Native American Arts Inc v. JC Penney Co (1998)
PROBLEM III: THE INDIAN ARTS & CRAFTS BOARD
Trademark Registration
Referral to FBI
TWO WRONGS STILL DON’T MAKE A RIGHT: INDIAN ARTS & CRAFTS ENFORCEMENT ACT 2000
Indian Maid v. Indian Made
Welcome to Zuni (this looks like the Philippines)
What’s the purpose of all of this?
THREE STRIKES YOU’RE OUT: 2010 AMENDMENTS
OUR RECOMMENDATIONS
AMEND THE DEFINTION OF “INDIAN” & “INDIAN TRIBE”
JUDICIAL CRITERIA Ancestors lived on the
continent before discovery
Identified as an Indian in the community in which he/she lives
Indian Civil Rights Act (1968)
Missing from “tribe” Urban communities State recognized tribes Terminated tribes
AMEND CIVIL & CRIMINAL PROVISIONS
FAKE? REAL?
EXPAND “ARTS & CRAFTS” TO KEEP UP WITH TECHNOLOGY
INCREASE FUNDING OF IACB
CERTIFCATION TRADEMARKS
CONCLUSIONS