The Native American Law & Policy practice group at Dentons US LLP brings you the latest on federal policies, legal news, and events in the Indigenous art and fashion world.

Legal News:

The Indian Arts and Crafts Act (IACA) was enacted to “promote the development of Indian arts and crafts[.]”¹ Despite the intent of the Act, it is not without criticism. The Act prohibits sellers from misrepresenting products as “Indian-made” if that product is not made by an “Indian artist” as defined in the Act. This prohibition extends to products that are not entirely “Indian-made,” meaning “[t]he labor component of the product” is not “entirely Indian[.]”² The labor requirement has received criticism from some Indian artists (as defined by the Act) who collaborate with other artists who fall outside of the Act’s definition in a manner that prohibits the product from being labeled as “Indian-made.” See PJ Randhawa, ‘I will change this federal law in my lifetime’: Knockoff Native art law faces renewed criticism, King5 (Mar. 1, 2022, 8:35 AM). The Randhawa article highlights the criticism of the labor requirement through an interview with a Native artist. In the article, the artist, Andrea Wilbur-Sigo, states that “she could really use help from her mother, also a carver, but because her mother is not Native, that’s not possible.”

In Seattle, there is a push by the City Council and local Native artists to remove two 50-foot cedar poles because the poles are culturally misleading. See Luna Reyna, Renewed effort to remove the misleading totem poles at Pike Place park, Crosscut (July 1, 2022, 6:44 PM). The poles were carved by a non-Native man and, according to local Native American artist Andrea Wilbur-Sigo, do not accurately represent Coast Salish culture. The Seattle City Council and other Native American artists have been working to remove the poles and install culturally appropriate poles, designed by local Native artists. 

In other news, Imprint, a blockchain-based art security registry, announced on August 19, 2023 that it would partner with the Southwestern Association for Indian Arts (SWAIA) to supply 800 Native American artists with permanently certified Imprint digital titles to their artwork. Imprint gives artists and galleries permanent digital titles that allow them to officially register and create a digital certificate of authenticity that will be stored on a secure blockchain database. In the article, Ruth-Ann Thorn, co-founder of Imprint and a member of the Rincon Band of Luiseño / Payómkawichum Indians of Southern California states, “By giving artists and their representatives a simple, easy-to-use digital tool, we hope to eliminate counterfeit work purporting to be from Native American artists, which will make their authentic work that much more valuable.” See Anthony Lacavaro, Imprint, SWAIA Partner to Combat Counterfeit Native American Art With Launch of New Digital Art Registry, Business Wire (August 19, 2022, 12:33 PM).

Potential Opportunities:³

The Hopper Prize |Fall 2022 Artist Grants
Application Deadline is 11:59 p.m. PST on Nov. 15, 2022
+1 646 226 2355

Michigan Arts and Culture Council | Arts in Education Grant
Round Two Funding Deadline is Jan. 15, 2023
lillis-warwickj@michigan.org, +1 517 881 4114

Pollock-Krasner Foundation |PKF Grant
No Deadline, Grant is for a one-year period of time
grants@pkf.org; grantapplication@pkf.org, +1 212 517 5400

Upcoming Events:⁴

The IACB posts American Indian, Alaska Native, and Native American (AI/AN) art and craft marketing events that are judged on its website to promote authentic AI/AN products and as a service for potential consumers. A link to the webpage may be found here. We have also provided information below on other upcoming events that may be of interest.

U.S. Patent and Trademark Office | Tribal Nations Partnership: Building a Presence in E-Commerce
Nov. 10 and Dec. 8, 2022
Virtual Webinars
Hollis.Robinson@uspto.gov

For more information:

Please contact Maurisa Bell at maurisa.bell@dentons.com or Catelin Aiwohi at catelin.aiwohi@dentons.com.

¹ Pub. L. 74-355, § 1, 49 Stat. 891 (1935).
² 25 C.F.R. § 309.2(d).
³ Disclaimer: Dentons US LLP is not affiliated and is not a sponsor of the opportunities and events listed. Information on the above opportunities and events is current as of date of publication. Dentons is not responsible for any changes to the opportunities and events made by the organizers.