Protecting our Heirlooms:
Copyright and Intellectual Property
Laws for Indigenous Artists
Patricia Lynn Martinez
Kewa Pueblo
Protecting our Heirlooms:
Copyright and Intellectual Property
Laws for Indigenous Artists
Patricia Lynn Martinez
Kewa Pueblo
Martinez, Patricia. NM Capitol ceiling view from 2nd floor. 12th March, 2022. Authors Personal Collection.
Martinez, Patricia. Selfie. 20th September, 2023. Authors Personal Collection
I grew up making jewelry, I know what it is like to sell at shows and travel to different states to meet buyers. I have learned the Crespin business of making high quality jewelry, I experimented creating inlays, beading, rawhyde works, painting, and drawings. Until recently many of my fathers work has been copied and sold for less using our families designs that date back generations, this affected his income and he lost many of his clients, even with trademarks and reporting, it did not discontinue people from copying. Not much has prevented anymore of this happening, and so I want to come up with a solution and inform consumers of the violations that they may be supporting, in hopes to protect all Indigenous creations. His work was passed down from his grandfather and uncles. My dad incorporates his own contemporary designs but with the traditional outline, I respect and wish to protect the long line of work our Crespin family has put into those designs
Martinez Patricia. Annual Trip to Denver March Powwow. March 2014. Authors Personal Collection.
Martinez, Patricia. Santo Domingo Natural Stone Inlays and Thunderbird Earrings made by Gregory Crespin. 7 July, 2022. Authors Personal Collection.
In the article sharing one skin by Jeanette Armstrong the true definition of what it means to be a woman and live in an indigenous Community is beautifully expressed in a philosophical and poetic manner. Arthur Armstrong gives details of the land, soul and spiritual selves and how they play a part in ones life along with communication. These factors are vital to her understanding of what being an alive human with feelings means from her perspective.
Armstrong, Jeanette. ¨Sharing One Skin: The Okanagan community¨in Jerry Mander and Edward Goldsmith (eds), The case against the Global Economy, San Francisco, CA, Sierra Club Books 1996 pp 460-470
Memories and stories are connected to our land as described by me without toasty in the article how place names impact the way we see landscape the main idea how stories landscape and the people are all connected from names and meanings this story was told from the Navajo Point of View Place identity was a major part of those teachings.
Toasty, B. ¨How place names impact the way we see landscape¨ High Country News : Know the West, 1 May 2022
Martinez, Patricia. Natural Stone Triangle Earrings made by Gregory Crespin. 7th July, 2022. Authors Personal Collection.
Martinez, Patricia. Unknown Painter at MET New York City Museum. 21 April, 2023. Authors Personal Collection.
Author Suina tells about his accounts from growing up in the coaching a couple with his grandmother emerged in the traditional lifestyle thereupon he undergoes language, culture, and heart reformations as the result of attending Bia boarding school with the Western ideals. His mind was broken by the school and the white teachings that were forced on him despite all the attempts to eradicate his Cochiti Identity, Suina's heart still beat it strong and power for his home.
Suina, Joe and Joseph h. Suina is an Associate Professor in the Department of Curriculum and Instruction at the University of New Mexico. and ¨Then I went to school¨ Rethinking schools. 22 June 2021
For a long time since the 1800s many colleges and Museums in the United States have failed to return Native American remains and artifacts. Colleges such as University of Tennessee are avoiding the repartition process by calling their collections ¨culturally unidentifiable¨center for the American presents a new contradiction to NAGPRA, ¨To date no tribes have requested repatriation of remains or objects from the CAA¨. Institutes also do not want to repatriate due to ¨ inadequate evidence ¨ to link to ancestral human to any living people ¨.
¨America's Biggest Museums Fail to Return Native American Human Remains¨ Propublica, 12 Jan. 2023. www.propublica.org/article/repatriation-nagpra-museums-human-remains
Harvard.edu, 2023, www.pon.harvard.edu/wp-content/uploads/images/posts/AP6908250787_small-e1396454978303.jpg. Accessed 26 Nov. 2023.
“9 Must Have Experiences at Santa Fe Indian Market.” Www.santafe.org, 3 July 2023, www.santafe.org/blog/post/indian-market-experiences/. Accessed 26 Nov. 2023.
By the Santa Fe New Mexican
Many artists quit for years making jewelry because of the overrun by counterfeit competition, and not till after the Indian Arts and Crafts Act of 1990 was nailed into the foundation of art did artists start making jewelry once again. This act set new protections for artists to start living off their jewelry again. The U.S. interior of the department is currently in the works of considering the Act, should this proposal bring back frauds and fakes is what many artist fears. According to the New Mexican, the purposed changes will broaden what can be sold as ¨ native art ¨ such as business that are at least 50% owned by natives, and it will open up chances for non-native labor. ¨ MADE IN AMERICA ¨ another purposed provision by the Bureau may be instilled into indigenous creations with new concepts of digitally written and electronic media. Many supporters of the Indian Market believes that these new regulations can still protect native artist, only if tribal input is taken seriously in all upcoming matters related to crafts. There is still much to be done, especially maintaining the satisfaction of everyone on both sides. Both artist and consumers are top priority when it comes to maintaining native art and jewelry culture the way it was 100 years.
ngilmore @sfnewmexican.com, Nicholas Gilmore. “Proposed Amendment to Indian Arts Law Raises Fears for Some Natives.” Santa Fe New Mexican, 5 Sept. 2023, www.santafenewmexican.com/news/local_news/proposed-amendment-to-indian-arts-law-raises-fears-for-some-natives/article_a23749dc-4688-11ee-9e40-dbc0a4cff76c.html.
By Alexandra Mondalek
One of the nations biggest known international and legal supply chain selling fake native jewelry was brought to the courtroom on May 2018. Mohammad Manasra one of the prosecuted criminals for the counterfeit business. Federal Agents found that Manasra was estimated to have made $110,000 to $2.4 million in selling fake jewelry. Retailers in santa Fe are just as guilty for underpricing native jewelry that is fake, while many shops sell Real authentic jewelry for triple the price. In today's 20th century fake jewelry is harder to identify and prevent. Even with reported cases, the penalty is only $1500 fine. Most importantly when it comes to keeping business, consumers do not know whether something is real or not. A Navajo jewelry maker in New Mexico is reluctant to give up the fight against fraudulent businesses, she won’t allow them to “diminish children’s opportunities”.She explains that turquoise means prosperity richness and health. she inherited her grandparents silversmith tools and continues that tradition.
“Fake Turquoise Jewelry Is Hurting Native Americans Economically.” Vox, 24 Oct. 2018, www.vox.com/the-goods/2018/10/24/17995876/fake-turquoise-native-american-santa-fakes.
“9 Must Have Experiences at Santa Fe Indian Market.” Www.santafe.org, 3 July 2023, www.santafe.org/blog/post/indian-market-experiences/.
Martinez, Patricia. Native painting in NM Capital. 12th March, 2023. Authors Personal Collection.
By Jada Boggs
Author Jada Boggs begins the article explaining the great importance of how Copyright is tied in Native American culture and how it can protect our heritage. She states, " Copyright is rooted in the philosophy of protecting and enabling creators work and livelihoods to enrich American culture and art ¨. Culture expression is protected by copyright, but in some occurrences can be defiled. In a 2020 lawsuit between Sealaska Heritage Institute against Neiman Marcus group for the sale of $2,500 fake native knitted hats. These sorts of encounters are not limited to the United States, for in the federal courts of Australia, an Indigenous copyright case took place in 1993. The case of Milpurrurru V. Indofurn PTY ltd. Indofum imported and sold carpets replicating the work of several Aboriginal artists. These are examples of the truth and advertising law being violated. A few protections were then enacted after cases such as self-governing principles made to guide the rights of culture trademarks and art. The 2007 United Nations declaration of the rights of indigenous people that is adopted by 147 countries globally including the U.S. to help the Copyright path to move forward.
Lang, Courtney. “Protecting Indigenous Artists against Infringement and Appropriation.” Copyright Alliance, 17 Nov. 2022, copyrightalliance.org/protecting-indigenous-artists-infringement-appropriation/.
United States To Consult With Tribes On Protecting Tribal Intellectual Property
By Native American Rights Fund
October 24, 2023 The United States Patent and Trademark office (USPTO) and the Department of Commerce published acknowledgment of the formal tribal consultation on World Intellectual Property Organization into government committee negotiations, native NCAI and NARF support and applaud the long overdue consultation. The US recognizes that tribes have sovereign rights and authority over the aspects of our own culture. The US also acknowledges that they will need to honor its obligation to protect those rights and consult with tribes. USPTO in the future will plan to meet with tribes and seek our input on how we believe our genetic resources, traditional knowledge and cultural expression can be best protected. The upcoming meetings will take place into virtual meetings which will include fairly recognized tribes, state recognized tribes, tribal members, native Hawaiians and intertribal organizations.
“Federal Register :: Request Access.” Unblock.federalregister.gov, www.federalregister.gov/documents/2023/10/24/2023-23386/formal-tribal-consultation-on-wipo-igc-negotiations. Accessed 26 Nov. 2023.
Martinez, Patricia. NM Capitol ceiling view from 2nd floor. 12th March, 2022. Authors Personal Collection.
Martinez, Patricia. NM Legislation Hearing. 12th March, 2022. Authors Personal Collection.
By U.S. Attorney Office
In Seattle, Washington, a 67-year-old artist was sentenced to 18 months of probation for falsely representing himself as Native American with no tribal enrollment or native heritage. US District Judge Tana Lin quotes that ¨ this is not the first time for this kind of era and this is undermining a community and identity ¨. Nick Brown, the US attorney for this case, says Prosecuting cases of Fraud and our world is a unique responsibility and part of our work is to support tribal nations. The marketplace and its consumers should be aware of the illegitimate sales affecting jewelry. This case highlights the process of IACA and the process of reporting suspicious work. Us fish and wildlife made the undercover purchases of pendants the perpetrator made with materials consisting of wooly mammoth ivory, antlers, animal bones and fossilized walrus ivory. In spite of knowing of IACA and its policy, The Violator still proceeded with the selling of fake native pendants and is now paying for his long time of 10 years of inconspicuous fraudulent work. Consequently, the US Department of Justice and Indian arts and crafts board assisted with this case. The IACB director and investigation stating when individuals and business Market are misrepresented as indian-made they undercut Indian artist and Indians economically, and prey upon unwitting consumer. ¨For those selling counterfeit and then art and craft work wherever you are, we are diligently working to find you and prosecute you under the act ¨ a powerful quote from IACB director at end of the article.
“Western District of Washington | Artist Who Falsely Claimed Native American Heritage Sentenced for Violations of the Indian Arts and Crafts Act | United States Department of Justice.” Www.justice.gov, 17 May 2023, www.justice.gov/usao-wdwa/pr/artist-who-falsely-claimed-native-american-heritage-sentenced-violations-indian-arts.
Global Connections
Japanese brand Uniqlo faces a lawsuit from a small korean brand for stealing a Navajo Design. The pair of socks are identical , the Navajo Design is the same on both brand pairs. Coevel CEO plans to take legal action against Uniqlo, once they have made their stance. Many SPA brands are constantly copying designs from small-medium businesses. CEO Coevel Kim-Ji-Young states he is ready to take action for unfair situations. These SPA brands and private label apparel, produce cheap prices clothing very quickly with new trends. This presents a new problem, bigger companies overwhelm smaller companies with fast copy strategies for cheaper. The plaintiff is declaring that the brand Coevel first used the design back in summer 2016. Uniqlo's First production date was in December 2016. The print from the Navajo Nation is a traditional pattern. The copied design is places completely identical to Coevels design. Uniqlo CEO apologizes to Coevels Korean website and states "we are stopping the sale of our product". Coevel expresses how big companies should try to restrain themselves from Illegally copying smaller companies, he calls it an "ethic issue". At the end of the article it strongly suggest that consumers and producers should be aware of these unfair situations in order to save future disputes from reoccurring.
“Uniqlo ‘Stole’ Small Brand Design.” Koreatimes, 14 Feb. 2013, www.koreatimes.co.kr/www2/common/viewpage.asp?newsIdx=130512&categoryCode=129. Accessed 8 Mar. 2024.
“Now Open: UNIQLO.” King of Prussia District, visitkop.com/latest/now-open-uniqlo/.
Martinez, Patricia. Gregory Crespins Jewelry Collection 31st December, 2020. Authors Personal Collection.
By Haadant Ditmars
During March, Ontario Police announces that the investigation of a forgery ring of Ojibwe artist. Norval Morrisseau had uncovered "the biggest art fraud in world history". The charge consist of 8 people and the seizure of more than 1,000 paintings. The discovery of this forgery ring opened a crack into forced child labor in sweatshops and exploitation of talented young artist. A Canadian gallery owner who represented Morrisseau for many years and later became aware of the forgeries of his work on the market. In a 2019 documentary title "There are no Fakes" which brought attention to the problem. The film started a conflict between Canadian Brand Barenaked Ladies against Toronto based Maslak MCLeod gallery for selling him alleged fakes Morrisseau paintings. Later it is exposed that an art fraud ring is based in Thunder Bay, where the artist lived and worked. Morrisseau's work has an art legacy across the entire Canadian art market and so it must be protected even from artist. His work spoke to the cultural and political tensions between natives and setter traditions, its value is second to none.
“Canadian Police Uncover ‘Biggest Art Fraud in World History.’” The Art Newspaper - International Art News and Events, 8 Mar. 2023, www.theartnewspaper.com/2023/03/08/canadian-police-bust-art-forgery-ring-norval-morrisseau.
KOB 4 News Video
Another case has been revealed February 8th on counterfeit Native American Jewelry. A counterfeit case against four Palestine Muslims who sold Native American Jewelry made across the sea in galleries in Santa Fe., Old Town Albuquerque and Gallup. Totalling in over tens of thousands of dollars. The judge for the case granted the requests for the jury to watch a video about unconscious bias before reviewing the case to avoid unfair discussion during a time of war in the Middle East.
Fjeld, Jonathan. “Jurors in Counterfeit Native Jewelry Case Will Watch Video on Unconscious Bias.” KOB.com, 9 Feb. 2024, www.kob.com/new-mexico/jurors-in-courtfeit-native-jewelry-case-will-watch-video-on-unconscious-bias/. Accessed 10 Feb. 2024.
Kanu, Hassan, and Hassan Kanu. Reuters, 22 Sept. 2021, www.reuters.com/legal/legalindustry/court-recognizes-implicit-bias-nixing-juror-supporting-black-lives-matter-2021-09-22/.
Voicing Stories Through Action
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My Hero
Bibliography
"America's Biggest Museums Fail to Return Native American Human Remains¨ Propublica, 12 Jan. 2023. www.propublica.org/article/repatriation-nagpra-museums-human-remains
Armstrong, Jeanette. ¨Sharing One Skin: The Okanagan community¨in Jerry Mander and Edward Goldsmith (eds), The case against the Global Economy, San Francisco, CA, Sierra Club Books 1996 pp 460-470
“Canadian Police Uncover ‘Biggest Art Fraud in World History.’” The Art Newspaper - International Art News and Events, 8 Mar. 2023, www.theartnewspaper.com/2023/03/08/canadian-police-bust-art-forgery-ring-norval-morrisseau.
“Fake Turquoise Jewelry Is Hurting Native Americans Economically.” Vox, 24 Oct. 2018, www.vox.com/the-goods/2018/10/24/17995876/fake-turquoise-native-american-santa-fakes.
“Federal Register :: Request Access.” Unblock.federalregister.gov, www.federalregister.gov/documents/2023/10/24/2023-23386/formal-tribal-consultation-on-wipo-igc-negotiations. Accessed 26 Nov. 2023.
Fjeld, Jonathan. “Jurors in Counterfeit Native Jewelry Case Will Watch Video on Unconscious Bias.” KOB.com, 9 Feb. 2024, www.kob.com/new-mexico/jurors-in-courtfeit-native-jewelry-case-will-watch-video-on-unconscious-bias/. Accessed 10 Feb. 2024.
Lang, Courtney. “Protecting Indigenous Artists against Infringement and Appropriation.” Copyright Alliance, 17 Nov. 2022, copyrightalliance.org/protecting-indigenous-artists-infringement-appropriation/.
ngilmore @sfnewmexican.com, Nicholas Gilmore. “Proposed Amendment to Indian Arts Law Raises Fears for Some Natives.” Santa Fe New Mexican, 5 Sept. 2023, www.santafenewmexican.com/news/local_news/proposed-amendment-to-indian-arts-law-raises-fears-for-some-natives/article_a23749dc-4688-11ee-9e40-dbc0a4cff76c.html.
Toasty, B. ¨How place names impact the way we see landscape¨ High Country News : Know the West, 1 May 2022
Suina, Joe and Joseph h. Suina is an Associate Professor in the Department of Curriculum and Instruction at the University of New Mexico. and ¨Then I went to school¨ Rethinking schools. 22 June 2021
“Uniqlo ‘Stole’ Small Brand Design.” Koreatimes, 14 Feb. 2013, www.koreatimes.co.kr/www2/common/viewpage.asp?newsIdx=130512&categoryCode=129. Accessed 8 Mar. 2024.
“Western District of Washington | Artist Who Falsely Claimed Native American Heritage Sentenced for Violations of the Indian Arts and Crafts Act | United States Department of Justice.” Www.justice.gov, 17 May 2023, www.justice.gov/usao-wdwa/pr/artist-who-falsely-claimed-native-american-heritage-sentenced-violations-indian-arts.