{"id":267262,"date":"2019-05-24T10:31:38","date_gmt":"2019-05-24T14:31:38","guid":{"rendered":"https:\/\/policyoptions.irpp.org\/issues\/dont-fake-indigenous-art-makers-go-jail\/"},"modified":"2025-10-07T22:33:06","modified_gmt":"2025-10-08T02:33:06","slug":"dont-fake-indigenous-art-makers-go-jail","status":"publish","type":"issues","link":"https:\/\/policyoptions.irpp.org\/fr\/2019\/05\/dont-fake-indigenous-art-makers-go-jail\/","title":{"rendered":"Why don\u2019t fake Indigenous art makers go to jail?"},"content":{"rendered":"

For the first time in US history, a man was sentenced<\/a> last year to six months in prison and had to pay nearly $10,000 in fines for his part in a multimillion dollar scheme to import Navajo-themed turquoise jewellery made overseas \u2014 and sell it as authentic Navajo art. A second man was sentenced a few months earlier to two days in jail and had to pay $500 for his lesser role in the operation. It was the culmination of a multi-year investigation that busted an international crime ring moving millions of dollars of fraudulent goods into parts of New Mexico and California.<\/p>\n

Selling fraudulent Indigenous art is illegal in the US under the Indian Arts and Crafts Act<\/a>, and is punishable by up to five years in jail and a $250,000 fine for an individual \u2014 or up to $1 million for a company.<\/p>\n

In Canada, no such law exists against misrepresenting inauthentic Indigenous-themed items as real \u2014 and\u00a0 tourist shops across the country are rife with <\/a>fake Indigenous pieces<\/a>.<\/p>\n

In fact, a Discourse investigation recently found that 75 per cent of the 40 tourist shops we visited in Vancouver that sell Indigenous-themed souvenirs appear to be selling some knock-offs, produced without any collaboration with Indigenous people.<\/p>\n

We need a law, say artist and industry expert<\/strong><\/p>\n

Pam Baker would welcome a law that makes selling inauthentic Indigenous art illegal here in Canada.<\/p>\n

Baker, a Squamish-Kwaguilth artist whose traditional name is Himikalas, runs Copperknot Jewelry from her home on the Capilano reserve in North Vancouver. She says she struggles to compete with products manufactured cheaply overseas then sold for less here to consumers who don\u2019t necessarily care if they\u2019re buying truly authentic goods.<\/p>\n

\u201cThey would rather, let\u2019s say, buy a pewter necklace made from a cast overseas that you’re going to buy for $12.99, compared to my cast necklace that we\u2019re selling these for $20 retail \u2014\u00a0and we\u2019re making no money off of it, of course.\u201d<\/p>\n

Indigenous tourism is a billion-dollar market with growing demand, according to BC Tourism\u2019s latest strategic plan<\/a> released in March 2019. But there\u2019s a breakdown in the system that allows cultural appropriators to profit, says Keith Henry president and CEO of the Indigenous Tourism Association of Canada. He says the onus must fall on the law to stop that.<\/p>\n

\u201cWhat we need is proper laws that ensure that we tackle these issues from a legal perspective,\u201d he says. \u201cI think there\u2019s no other way around this.\u201d<\/p>\n

Right now, tourist shops in Canada are filled with ambiguous labels that play on the \u201cbrand of Native,\u201d Henry says.<\/p>\n

But labels that say things like “Native Canadian\u201d are not actually Indigenous, he says. They\u2019re just \u201csomeone from Canada \u2026 and for some international markets, they would think that\u2019s an Indigenous person.\u201d<\/p>\n

As a \u201ctruth-in-advertising law<\/a>,\u201d the US Indian Arts and Crafts Act \u201cprohibits misrepresentation in the marketing\u201d of Indigenous products, making it illegal in the U.S. to \u201cfalsely suggest\u201d something was created by an Indigenous person when it wasn\u2019t. Knock-offs can still get by as legal as long as they have no labels that might make a buyer think they\u2019re authentic. So, products with labels like \u201cNative-inspired\u201d could be in compliance with the law.<\/p>\n

The manufacturer Cathay Collection produces a line of dolls, for example, that supposedly depicts an Indigenous figurine and includes a note for customers on the box: \u201cOur Indian products are not Indian-made or an Indian product \u2026 In accordance with the Indian Arts & Crafts Act of 1990\u2026 the manufacturer of this item DOES NOT claim that this figurine is \u2018INDIAN\u2019 or \u2018Native American Made.\u201d\u2019<\/p>\n

\u2018Genuine Native Indian Craft\u2019<\/strong><\/p>\n

During our five-month investigation, The Discourse visited 40 shops in Vancouver\u2019s tourist hot-spots and catalogued more than 260 Indigenous-themed souvenirs like dreamcatchers, inukshuks and mini totem poles. Only 40 per cent of the products we traced had labels showing an Indigenous artist\u2019s name or nation; the rest had tags with ambiguous descriptions of how the item relates to Indigenous culture \u2014 or no information at all.<\/p>\n

A popular item we found in shops across the city was dreamcatchers.<\/p>\n

Royal Specialty Sales, based in Toronto, sells dreamcatchers with a small label that describes the \u201clegend of the dreamcatcher: A gift to Aboriginal people of North America, a spider weaved a special web in return for sparing its life,\u201d the label reads. A second label notes the items are handmade in China.<\/p>\n

When asked about the labelling, manager Karen Davidson says, \u201cNowhere does it say that it is an actual authentic dreamcatcher and I am sure \u2014 I think it also says \u2014 that it is brought in from China. It\u2019s certainly not made here.\u201d<\/p>\n

In several shops we found Indigenous-themed dolls made by a Quebec company called Koshuan, with labels that describe their products as: \u201cGenuine Native Indian Craft.\u201d The company didn\u2019t return our numerous calls or emails requesting an interview, but admitted <\/a>to Radio-Canada in 2017 that their dolls are not made by Indigenous people.<\/p>\n

According to a CBC report<\/a> on the Radio-Canada investigation, Koshuan owner Daniel Rivard suggested that his products could still be considered genuine Indigenous items even if they\u2019re not made by Indigenous people.<\/p>\n

\u2018They\u2019re misrepresenting,\u2019 says a US special agent<\/strong><\/p>\n

Fake art is \u201cbasically destroying their Native American way of life,\u201d says Phillip Land, special agent in charge of all the law enforcement operations for the southwest office of law enforcement for US Fish and Wildlife service, which investigates complaints under the Indian Arts and Crafts Act.<\/p>\n

We described some of the items we found in our investigation here in Vancouver to Land, and while the law he works with doesn\u2019t apply in Canada, he told us what he might do if he came across similar products in his jurisdiction.<\/p>\n

For example, if he came across a doll depicting a supposedly Indigenous figurine in the US with a label stating, \u201cGenuine Native Indian craft,\u201d he would certainly have some questions.<\/p>\n

\u201cWith that, actually, they’re misrepresenting it, saying it’s \u2018genuine Indian-made,\u201d\u2019 he said. \u201cThe next step I want to look for is: is there initial by an artist that actually made that product, or was it mass-produced? I always like to know, who\u2019s the artist?<\/p>\n

If the company fell within his jurisdiction in the US, the next step for Land would be to send them a notice letter to tell them about the law and what it prohibits. Right now, he has two full-time criminal investigators looking at complaints, as well as three to four people assisting from the Indian Arts and Crafts Board<\/a>. Together, they respond to tips that come from the public and decide what should happen next. They even have a hotline 1-888-ART-FAKE.<\/p>\n

Igloo Tag protects Inuit artists<\/strong><\/p>\n

Meanwhile in Canada, an \u201cIgloo Tag\u201d is attached to hand-made Inuit art and includes the artist\u2019s name and where they come from. The tag features an igloo on a black backdrop. The goal is \u201cto protect Inuit works of art from fraud, cultural appropriation and theft,\u201d explains Blandina Makkik, an igloo tag coordinator with the Inuit Art Foundation.<\/p>\n

For the Inuit people, art is synonymous with everyday life, says Makkik. \u201cArt has always been in our culture, whether it be through song, through poetry, and even our implements, our clothing.\u201d<\/p>\n

Just over a quarter of all Inuit in Canada over age 14 are involved in the production of visual arts and crafts, and in 2015 the Inuit art economy generated $87.2 million a year for Canada’s GDP, according to a 2017 report<\/a> prepared for Indigenous and Northern Affairs Canada.<\/p>\n

As a registered trademark<\/a>, the Igloo Tag provides the Inuit Art Foundation with a few legal avenues to pursue if the label is misused. While trademark infringement legal proceedings are \u201cunpleasant,\u201d says Alysa Procida of the foundation, they\u2019re \u201cnot the same as criminal legal proceedings.\u201d<\/p>\n

The laws in the US have \u201ca little bit more teeth behind them,\u201d she says, something the Inuit foundation would welcome.<\/p>\n

Can copyright law help in Canada?<\/strong><\/p>\n

Cultural appropriation of Indigenous art has been going on for centuries, Kwakwaka\u2019wakw artist Lou-ann Neel says.<\/p>\n

Today it continues \u201cin the form of copyright infringement on original Indigenous artworks,\u201d she wrote in a proposal<\/a> submitted in December 2018 to Parliament\u2019s standing committee on Industry, Science and Technology, which is now reviewing Canada\u2019s copyright law.<\/p>\n

Neel pointed, for example, to \u201coriginal designs being replicated for mass production without permission from the artist or compensation paid to the artist.\u201d<\/p>\n

She wants to ensure that Indigenous perspectives are considered as the committee reviews Canada\u2019s copyright law, as it\u2019s required to do by law every five years. \u201cOur traditional art forms are owned by our people,\u201d she explained to the standing committee<\/a> in October 2018. \u201cThey are inherited rights that are passed down from one generation to the next. I come from an artist family. I am now the seventh generation in my family to continue practicing our artistic traditions.\u201d<\/p>\n

But the Copyright Act as it stands right now does not acknowledge Indigenous forms of ownership, like \u201ccommunally owned property, familial-owned property or properties held by the nation,\u201d she pointed out.<\/p>\n

Without any laws to protect them, \u201cour artists continue to operate daily at under-poverty levels,\u201d she told the committee. \u201cWe do not see the proceeds coming back to our communities. We don\u2019t see royalties. Permissions have not been granted for the use of many of our designs in the first place.\u201d<\/p>\n

Neel would like to see a national Indigenous arts advocacy organization created that could build a network of support to help artists protect their work, apply for grants, manage their businesses, negotiate contracts and licensing agreements \u2014 and educate the public on Indigenous art and traditional knowledge, as well as copyright and intellectual property rights.<\/p>\n

\u201cPeople take our art because they don’t know any different,\u201d she said. \u201cAnd they don’t know any different because we’re not actively and proactively informing Canadian citizens about whether it’s appropriate to take designs.\u201d<\/p>\n

The standing committee is in the process of drafting its report<\/a> and is expected to present its recommendations to the government in the coming months.<\/p>\n

For Neel, the most important thing is to support Indigenous artists, then figure out how legislation can play a role in protecting their work from appropriation and copyright infringement.<\/p>\n

\u201cI’m not sure that legislation as a first go is the best approach,\u201d she says. There\u2019s still lots of work to be done to rebuild what was destroyed by colonization.<\/p>\n

\u201cIt has everything to do with restoring our culture, restoring our language, but also restoring economic viability and local economy. It is our intellectual property, and we have a right to protect that.\u201d<\/p>\n

This story is part of <\/em>a series investigating fake Indigenous art<\/em><\/a> first published by <\/em>The Discourse<\/em><\/a>. The Discourse is a community-funded journalism outlet reimagining the community newspaper to better represent our country\u2019s diversity. The article has been modified for length.<\/em><\/p>\n

Photo:\u00a0Dolls falsely labelled as \u201cGenuine Native Indian Craft\u201d were found in several Vancouver stores, during an investigation by The Discourse.\u00a0CREDIT: Francesca Fionda\/The Discourse<\/span><\/p>\n

\n

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For the first time in US history, a man was sentenced last year to six months in prison and had to pay nearly $10,000 in fines for his part in a multimillion dollar scheme to import Navajo-themed turquoise jewellery made overseas \u2014 and sell it as authentic Navajo art. A second man was sentenced a […]<\/p>\n","protected":false},"featured_media":275815,"template":"","meta":{"_acf_changed":false,"content-type":"","ep_exclude_from_search":false,"apple_news_api_created_at":"2025-10-08T02:33:11Z","apple_news_api_id":"e20e7cb4-9734-4f0a-b3c5-8590ab7c144f","apple_news_api_modified_at":"2025-10-08T02:33:11Z","apple_news_api_revision":"AAAAAAAAAAD\/\/\/\/\/\/\/\/\/\/w==","apple_news_api_share_url":"https:\/\/apple.news\/A4g58tJc0TwqzxYWQq3wUTw","apple_news_cover_media_provider":"image","apple_news_coverimage":0,"apple_news_coverimage_caption":"","apple_news_cover_video_id":0,"apple_news_cover_video_url":"","apple_news_cover_embedwebvideo_url":"","apple_news_is_hidden":"","apple_news_is_paid":"","apple_news_is_preview":"","apple_news_is_sponsored":"","apple_news_maturity_rating":"","apple_news_metadata":"\"\"","apple_news_pullquote":"","apple_news_pullquote_position":"","apple_news_slug":"","apple_news_sections":[],"apple_news_suppress_video_url":false,"apple_news_use_image_component":false},"categories":[9380,9359,9372],"tags":[9241],"article-status":[],"irpp-category":[4371,4339],"section":[],"irpp-tag":[],"class_list":["post-267262","issues","type-issues","status-publish","has-post-thumbnail","hentry","category-autochtones","category-loi-droits","category-recent-stories-fr","tag-systeme-de-justice","irpp-category-autochtones","irpp-category-loi-et-justice"],"acf":[],"apple_news_notices":[],"yoast_head":"\nWhy don\u2019t fake Indigenous art makers go to jail?<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/policyoptions.irpp.org\/fr\/2019\/05\/dont-fake-indigenous-art-makers-go-jail\/\" \/>\n<meta property=\"og:locale\" content=\"fr_FR\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Why don\u2019t fake Indigenous art makers go to jail?\" \/>\n<meta property=\"og:description\" content=\"For the first time in US history, a man was sentenced last year to six months in prison and had to pay nearly $10,000 in fines for his part in a multimillion dollar scheme to import Navajo-themed turquoise jewellery made overseas \u2014 and sell it as authentic Navajo art. 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