Avoid making false and misleading claims about Indigenous souvenirs and artwork
If you are selling Aboriginal and Torres Strait Islander souvenirs and artwork, you can’t make false or misleading claims about the goods. Consumers purchasing these types of goods should know what they are buying and must not be misled into believing a product is ‘authentic’ or ‘genuine’ when it isn’t.
This applies if it’s a tourist souvenir or a one-of-a-kind collector’s piece from a gallery.
Anything you represent about the products you sell must be true, and you must be able to prove it.
Representations made on Indigenous souvenirs and artwork
A representation can be made by words, images or gestures. These are commonly found in advertisements, websites, signs, shelf labels, stickers or packaging, or given verbally by a salesperson.
To ensure representations made on Indigenous souvenirs and artwork are correct, follow the best practice guidelines outlined below.
Authentic
Characteristics which may go towards considering an item authentic include:
- the name of the artist and their language group/homelands
- the title of the work, when and where it was created
- the details or the story depicted on the work
- details showing the work is an original.
If the work is a reproduction, you need to take additional care. You should include a notice that it is an authorised by the artist reproduction and how many were reproduced.
Original
Original means the first of its kind―the product is produced by an artist, sculptor, writer or designer and isn’t a copy. Copies may be made of the original but must not be claimed to be original.
Genuine
A genuine product is something that is real and exactly what it appears to be. For example, a ‘genuine boomerang’ would be able to be thrown like a boomerang and a ‘genuine didgeridoo’ would be able to be played, rather than simply decorative.
Hand-painted
The actual product that the representation relates to is, itself, hand-painted. It would not be acceptable to claim a product is hand-painted if it was printed reproduction of an original hand-painted piece.
Aboriginal
The product is produced by a person who identifies, or group of persons who all identify, as Australian Aboriginal. The seller or supplier would be able to individually identify the person or persons who made the product.
Indigenous
The product is produced by a person who identifies, or group of persons who all identify, as Indigenous Australian. The seller or supplier would be able to individually identify the person or persons who made the product.
Torres Strait Islander
The product is produced by a person who identifies, or group of persons who all identify, as being the indigenous people of the Torres Strait Islands. The seller or supplier would be able to individually identify the person or persons who made the product.
Traditional
Produced in a long-established way. The seller or supplier would be able to see that the methods and practices used were typically employed by previous generations.
Royalties paid to the artist
The artist is paid previously agreed commission(s) for the reproduction of their artwork.
Certificate of authenticity
The product comes with documentation which at a minimum proves who made or created the item, its name, the size and medium of the item, and any identifying characteristics. The document will state the name and contact details of the person certifying the authenticity.
Depending on the claims being made about the item it might also need to include:
- evidence the creator/s are Indigenous
- when the product was made
- where it was made
- how it was made
- what it was made with.