White Law, Black Art

Abstract

This article examines the issues surrounding the appropriation of indigenous culture, in particular art. It discusses the nature and context of Aboriginal and Torres Strait Islander art in Australia in order to establish why appropriation and reproduction are important issues. The article outlines some of the ways in which the Australian legal system has attempted to address the problem and looks at the recent introduction of the Label of Authenticity. At the same time, the article places these issues in the context of indigenous self-determination and examines the problematic use of such concepts as “authenticity.” Finally, the article looks beyond the Label of Authenticity and existing law of intellectual and cultural property, to sketch another possible solution to the problem.