Regulating Authenticity?

Abstract

This article explores the adoption and implementation of the Label of Authenticity and the impact that it has had, and may continue to have, on Indigenous artistic practices. The characteristics of the Labels and their status under the Trade Marks Act 1995 (Cth) are defined, and the operation of the certification process is outlined. The article examines the concerns of a number of interested parties who have pointed to the key question of the certification of goods and services, and the capacity of competent certifiers to monitor and control the use of the mark. Additional issues include how the notion of authenticity relates to 'traditional' Indigenous art, which is often seen as the sole marker of authenticity, and how it will deal with the work of urban and non-traditional artists. The question of whether Indigenous artists are required to comply with Indigenous laws relating to the creation or performance of Indigenous artistic and cultural goods and services is canvassed. The article concludes by noting alternative and additional strategies that may be adopted to assist in protecting Indigenous arts and culture, including the formation of a peak body of galleries and shops empowered to develop and encourage the use of protocols and codes of ethical conduct.