ART AND HERITAGE DISPUTES - CALL FOR PAPERS

From Dr Valentina Valdi, a Marie Curie postdoctoral Fellow of the Faculty of Law at Maastricht Universit, we received an invitation for a conference on ‘Art and Heritage Disputes’ to be held at Maastricht University on 24-27 March 2013. The invitation is to everyone who is interested in participating, either presenting a paper or writing an article OR even both!

Abstract (up to 500 words) for consideration should be submitted by 1st December.

The publication reads as follows: “This Special Issue aims to identify, map and critically assess the number of art and heritage disputes which have arisen in the past decades. The return of cultural artifacts to their legitimate owners, the recovery of underwater cultural heritage, the governance of sites of outstanding and universal value, the protection and promotion of artistic expressions, and the protection of cultural sites in time of war are just some of the issues which have given rise to art and heritage related disputes.”

Themes that are considered include: 1) Cultural rights 2) Tangible cultural heritage 3) Intangible cultural heritage 4) Underwater cultural heritage 5) Art law 6) Dispute settlement mechanisms

For more info contact Dr Valentina Vadi at v.vadi@maastrichtuniversity.nl.

Aboriginal and Torres Strait Islander motifs, designs and fabrics: a recipe for a ‘fashion label’

I learned from the ABC news in Australia that the manager of an art centre in the Badu Island has hired a textile tutor to assist local artist to launch a label. Mr Richard Butler, the manager that brought the idea, noted that this project is an opportunity for the artist to share their work. He added "What I see is a huge level of enthusiasm and pride in what they do and that the artists are taking steps not only for a financial independence but a cultural independence as well". According to the news the proposed fashion label “could help to bring traditional culture into households around the country.”

The benefits:

• Exploitation of Intellectual Property Rights by their own people: In this matter I would like to refer to a post that was published on 20th March 2012, here in this blog, when two fashion designers used indigenous motif in the fabric of their dresses in a catwalk. The story did have a happy ending when we learnt that the designers did pay royalties for the use of the said art. But this is not always the case. Reading ‘the carpet case’ for example will give you an idea that Torres Starit Islander not always has had a good experience. The case refers to a businessman who had carpets made in Vietnam with images from Aboriginal paintings. The artists took him to court and the businessman was ordered to pay compensation but went bankrupt.
• Exploitation of creative work is more than a mere exploitation: Aboriginal creation and designs are based on symbols and motifs that do hold cultural significance. The utilization of this by third parties may impact not only the artist but also the community e.g. mistreatment, misuse and depletion to name a few.

Doing a little bit of digging here and there I found two interesting pieces of information:

1.- The Aboriginal and Torres Strait Islander Protocols: section 10 covers ‘Respecting Culture and Heritage’ covering the following:

 “...Copyright and the protection of intellectual property are key issues to be aware of when working with the Indigenous community. Aboriginal and Torres Strait Islander people are the custodians of their culture and have the right to own and control their cultural heritage. Unfortunately the cultural and intellectual property rights of Indigenous Australians are not always recognised or appropriately respected and our current legal framework provides limited recognition and protection of these rights.”

Therefore, in this regard, the idea of bringing a fashion label will grant them a more straightforward entitlement [not that they did not have any].

2.- The web page from the NWS Department of Education and Training Resources is full of goodies in this area. It covers issues on fashion design, aboriginal motif and art, copyright and the like. I read how the Aboriginal and Torres Strait Islander textiles have had an influence in non-indigenous designers. Moreover and relevant to the blog: have these designers acknowledged these? As mentioned the exploitation of aboriginal art covers not only monetary reward (licenses/royalties) but also the need to be treated respectfully. While I did not find a direct answer to my query I believe that it could be answer it affirmatively. The info reveals by naming particular designers: how they have worked with the aboriginal communities, not only to obtain better knowledge of their art but also giving back -- by being members of different projects which seek Aboriginal development. Also, designers usually will show their products to the communities – perhaps a way of looking for approval and I believe a policy of goodwill.

Is this the start of Aboriginal people making a statement?

New York catwalk: walking in the caves of Australia?

Fashion, fashion, fashion...who doesn’t like a pretty piece of garment? I do, I do – guilty on all accounts.

Left: guilty hands?!

One of the things that fascinate me the most is to see people wearing traditional cloth – I think that I mentioned that in one of my posts when referring to graduation day and seen my students’ parents wearing traditional cloth (what a proud moment). Now, the matter here today is when some of these traditional garments and arts become fashion, will I wear it? To be honest I do not know, will I be disrespectful? oi! I do not like that idea, but as said before, I am a fashionable person and I cannot say that I will not be tempted.

Anyways all of these thoughts came due to the news that in the recent New York Fashion Week two young designers (behind the label Rodarte) showed in their garments Australian Aboriginal art. They claimed that they have never been to Australia but have been inspired by books and other resources. They indeed do not denied where their inspiration came from assuring that the patterns referenced aboriginal art and that the hand prints were inspired by ancient cave paintings.

From pretty designs to theft
Megan Davis, the academic who heads up the UNSW Indigenous Law Centre and a member of the United Nations Permanent Forum on Indigenous Issues, noted that “the prints were an insensitive theft of her Australian Aboriginal culture.” She continues “It is completely insensitive to Aboriginal art and spirituality and land and how they are inextricably linked”. She did not stop here, mentioning that she “found the designs offensive”. In this regards she mentioned that there is the need to bear in mind that these people usually live in poverty and the “thought of seeing women walking around in this particular ready-to-wear collection sickens me. Because it is my culture and it is where I come from”.

From theft to License agreements
Rodarte responded to this enquiry by saying the following:

“We deeply respect and admire the work of other artists. Through the appropriate channels, we licensed the Aboriginal artwork that influenced prints in our collection. As a result, the artists will share in proceeds of the pieces inspired by their work.”

The source of the news indicated that they check with the Aboriginal Artists' Agency which represents Papunya Tula Artists in this matter, and the information was confirmed – Rodarte do have a licence.

This news today was shared by Robyn Ayres, Executive Director @ Arts Law Centre of Australia. She mentioned “Arts Law’s Artist in the Black service is proposing to develop some template documents for ethical collaborations between designers and Indigenous artists whereby guidance is provided in relation to protocols and best practice in this area.” I truly believe that this is an excellent idea and hopefully we will hear more about this in the near future.

My final thought: Will I wear it? I think that I will be killing two birds with one stone: being in fashion and knowing that some of the money will go to the aboriginal. Will I have the money to buy it? well, that is another story.