The theft of culture and inauthentic art and craft: Australian consumer law and Indigenous intellectual property

Abstract

This thesis addresses the 2017 Parliamentary Inquiry into the ‘growing presence of inauthentic Aboriginal and Torres Strait Islander ‘style’ art and craft products and merchandise for sale across Australia’. Inauthentic art and craft is Aboriginal ‘style’ souvenir products that are created without the involvement of an Aboriginal person. This thesis prioritises the evidence of Aboriginal and Torres Strait Islander people to the 2017 Inquiry, investigates intellectual property and consumer law and explores colonial influences and power dynamics that allow inauthentic art and craft to exist. This thesis answers the question: ‘How can the law protect Aboriginal cultural expression from exploitation?’