Monday, January 24, 2022

Aboriginal flag copyright transferred to Commonwealth, as artist agrees to make flag freely available to all; ABC News, January 24, 2022

Jake Evans, ABC News; Aboriginal flag copyright transferred to Commonwealth, as artist agrees to make flag freely available to all

"The iconic flag that has become a symbol of Aboriginal Australia is now freely available for public use, after its designer agreed to transfer copyright to the Commonwealth following long negotiations.

Luritja artist Harold Thomas created the flag in 1970 to represent Aboriginal people and their connection to the land, and it has been an official national flag since the end of the last century — but its copyright remained with Mr Thomas.

Anyone who wanted to use the flag legally had to ask permission or pay a fee.

Indigenous Affairs Minister Ken Wyatt said following negotiations with Mr Thomas, the flag now belonged to all Australians...

Copyright issues with the flag had repeatedly drawn conflict, such as when Mr Thomas handed the rights to use the flag on clothing to a non-Indigenous company, which later threatened legal action against the NRL and AFL for using the flag on player uniforms.

That led to Mr Wyatt encouraging football fans to drape themselves in the Aboriginal flag in protest.

Mr Thomas will retain moral rights over the flag, but has agreed to give up copyright in return for all future royalties the Commonwealth receives from flag sales to be put towards the ongoing work of NAIDOC.

The government has also agreed to establish an annual scholarship in Mr Thomas's honour worth $100,000 for Indigenous students to develop skills in leadership, and to create an online history and education portal for the flag."

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