“Seeking views on new laws to tackle fake Indigenous-style art” shouts the headline on the Federal Office of the Arts (NOT a Ministry) press release – once again perpetuating the furphy that ‘fake art’ is a problem. As I’ve written many times before, fake art barely exists – though white hands on black art may do. In the near future, AI is certainly going to throw up things that an idiot might take for Aboriginal art. But the serious problem is the tourist tat that seems to form a large proportion of the industry. Of that, some two-thirds is fake.

Much of this comes from the Productivity Commission, whose 2023 report came up with the pathetic solution that the $54m-strong inauthentic craft side of the business should be clearly labelled ‘Fake’! Can you see that happening?

So, Arts Minister Tony Burke and his Office are seeking the views of communities and organisations across the country to inform the development of new laws to address the harm caused by “fake art, merchandise and souvenirs”. And the whole process is actually underway in Tasmania – with an engagement session on Monday 4 March between 10 and 1pm, moving to Victoria on Friday.

Get your thinking caps on!

Here’s the rest of the schedule, which runs through to Broome on 23 April – though dates for Queensland the TSI are yet to be announced:

As far as I can tell, anyone interested can participate in these 38 sessions – some dealers, for instance now have 40 years of valuable experience in this field. But Burke emphasises that “The legislation will be developed through a First Nations-led process, with any solution to be informed by—and address the needs of—First Nations peoples”. So the process ends with an Expert Working Group “comprising First Nations representatives, appointed by the Office of the Arts. Expressions of Interest to become a member of the Expert Working Group will open in May”.

That’s short-sighted – though it’s clearly appropriate that the intention to “Introduce stand-alone legislation to protect First Nations knowledge and cultural expressions (ie Intellectural Property)” should be given exclusive First Nations attention.

Written submissions will also be accepted through the Office for the Arts’ Have your say page until 15 June. Then three additional online sessions will be held in June, offering those who were unable to attend in-person sessions the chance to have their say.

Here’s a more detailed examination of the Productivity Commission report:

Meanwhile, The Australian reports that the Office of the Registrar for Indigenous Corporations (ORIC) has finally begun to take an interest in the tri-government report into the APYACC marketing organisation and the newspapers claims of malfeasance by it. It took the NT Arts Minister’s complaints of inaction to provoke this movement.