The Commonwealth Government have bought the copyright to the Aboriginal flag for $20.05 million from the emblem’s creator.
The historic deal ends an ongoing controversy around the Aboriginal flag’s use since the creator licensed it exclusively to a non-Indigenous company WAM Clothing in November 2018.
The previous deal meant that anyone wanting to use the design on clothing, physical or digital media would have to ask permission and pay a fee. Naturally, a lot of people didn’t do that so there have been a fair few cease-and-desist notices going around.
Now that copyright of the flag has been sold to the Commonwealth, Scott Morrison said it can be used “in a similar manner to the Australian National Flag”.
The flag has been used as a symbol of Aboriginal Australians for over 50 years and it’s hard to believe that it wasn’t already free to use.
Luritja artist Harold Thomas designed the flag in 1970 to represent the Aboriginal people and their connection to the land.
It has been recognised as the official national flag since 1972 but copyright remained with Thomas.
He hopes, since signing the copyright over to the Commonwealth, that Australians use the flag with respect and pride.
“I hope that this arrangement provides comfort to all Aboriginal people and Australians to use the Flag, unaltered, proudly and without restriction,” Thomas said.
“I am grateful that my art is appreciated by so many, and that it has come to represent something so powerful to so many.”
GIVE US AN ABORIGINAL FLAG EMOJI @APPLE
— claire (@cloxic) January 24, 2022
After the copyright negotiations, Indigenous Affairs Minister Ken Wyatt said that the flag now belongs to all Australians.
“Over the last 50 years we made Harold Thomas’ artwork our own — we marched under the Aboriginal Flag, stood behind it, and flew it high as a point of pride,” Wyatt said in a statement.
Now that the copyright is all sorted out, football players can get back to draping themselves in the flag without worrying about legal threats.
Even better than that, an integral part of the negotiations that Thomas put forward was that he would maintain moral rights over the flag and that any future royalties the Commonwealth receive from commercial flag sales will go towards NAIDOC.
We can’t think of a better outcome.
