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25 January 2022CopyrightMuireann Bolger

Australia ‘frees’ copyright to Aboriginal flag in $14m deal

The Australian government has paid more than AUS $20million ($14million) for the Aboriginal flag ending a copyright dispute that had prevented national sporting teams, communities and citizens from using the image.

Created by indigenous artist Harold Thomas in 1971, the flag originated as a protest image about the struggles of the aboriginal community but had come to be seen as an official emblem.

The acquisition was announced in a statement released by the government today, January 25, confirming that the flag is now freely available for public use after the government completed negotiations with Thomas.

According to Prime Minister Scott Morrison, the flag’s copyright had been transferred to the Commonwealth and the government had “freed the Aboriginal flag for Australians”.

“Throughout the negotiations, we have sought to protect the integrity of the Aboriginal Flag, in line with Harold Thomas’ wishes. I thank everyone involved for reaching this outcome, putting the flag in public hands,” he said.

“The Aboriginal Flag will now be managed in a similar manner to the Australian national flag, where its use is free, but must be presented in a respectful and dignified way.”

Licensing agreements

The controversy over the ownership of the flag arose after a number of companies demanded payment for the flag’s reproduction in 2018, claiming that they had bought lease agreements from Thomas.

This led prominent Aboriginal Australians including former Olympian Nova Peris to front a “Free the Flag” campaign

The new agreement has terminated earlier leasing arrangements, leaving Australians at liberty to put the flag on apparel such as sports jerseys and shirts. It can be also painted on sports grounds, included on websites, in paintings and other artworks, used digitally and in any other medium without having to ask for permission or pay a fee.

Commenting on the agreement, Thomas said: “The flag represents the timeless history of our land and our people’s time on it. It is an introspection and appreciation of who we are. It draws from the history of our ancestors, our land, and our identity and will honour these well into the future.

“I hope that this arrangement provides comfort to all Aboriginal people and Australians to use the flag, unaltered, proudly and without restriction.”

Minister for Indigenous Australians Ken Wyatt described the development as profoundly important.

An enduring symbol

“The Aboriginal flag is an enduring symbol close to the heart of Aboriginal people,” Wyatt said.

“Over the last 50 years we made Thomas’ artwork our own. We marched under the Aboriginal flag, stood behind it, and flew it high as a point of pride.

“In reaching this agreement to resolve the copyright issues, all Australians can freely display and use the flag to celebrate Indigenous culture. Now that the Commonwealth holds the copyright, it belongs to everyone, and no one can take it away.”

To ensure the flags themselves are of good quality and continue to be manufactured in Australia, Carroll and Richardson Flagworld will remain the exclusive licensed manufacturer and provider of Aboriginal flags and bunting.

While this ongoing arrangement covers commercial production, Flagworld is not restricting individuals from making their own flag for personal use.

The Australian government will provide an annual scholarship in Thomas’ honour worth $100,000 for Indigenous students to further the development of Indigenous governance and leadership.

The National Indigenous Australians Agency (NAIDOC) will create an online history and education portal for the flag.

As part of the copyright transfer, Thomas will retain his moral rights over the flag and the Commonwealth has also agreed that all future royalties the Commonwealth receives from Flagworld’s sale of the flag will be put towards the ongoing work of NAIDOC.

An original painting by Thomas recognising the flag’s 50th anniversary and the historic transfer of copyright will be displayed in a prominent location by the Australian government.

Thomas has said that he intends to use $2 million to establish a legacy of periodic disbursements aligned with interests of Aboriginal Australians and the flag.

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