THE INDIAN ARTS AND CRAFTS ACT OF 1990
The Indian Arts and Crafts Act of 1990 (P.L. 101-644) is a truth-in-advertising law that
prohibits misrepresentation in marketing of Indian arts and crafts products within the
United States. It is illegal to offer or display for sale, or sell any art or craft
product in a manner that falsely suggests it is Indian produced, an Indian product, or
the product of a particular Indian or Indian tribe or Indian arts and crafts
organization, resident within the United States. For a first time violation of the Act,
an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year
prison term, or both. If a business violates the Act, it can face civil penalties or can
be prosecuted and fined up to $1,000,000.
Under the Act, an Indian is defined as a member of any federally or State recognized
Indian tribe, or an individual certified as an Indian artisan by an Indian tribe.
The law covers all Indian and Indian-style traditional and contemporary arts and crafts
produced after 1935. The Act broadly applies to the marketing of arts and crafts by any
person in the United States. Some traditional items frequently copied by non-Indians
include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs,
kachina dolls, and clothing.
All products must be marketed truthfully regarding the Indian heritage and tribal
affiliation of the producers, so as not to mislead the consumer. It is illegal to market
an art or craft item using the name of a tribe if a member, or certified Indian artisan,
of that tribe did not actually create the art or craft item.
For example, products sold using a sign claiming "Indian Jewelry" would be a violation
of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a
member, or certified Indian artisan, of an Indian tribe. Products advertised as "Hopi
Jewelry" would be in violation of the Act if they were produced by someone who is not a
member, or certified Indian artisan, of the Hopi tribe.
If you purchase an art or craft product represented to you as Indian-made, and you learn
that it is not, first contact the dealer to request a refund. If the dealer does not
respond to your request, you can also contact your local Better Business Bureau, Chamber
of Commerce, and the local District Attorney's office, as you would with any consumer
fraud complaint. Second, contact the Indian Arts and Crafts Board with your written
complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual fairs, juried competitions, and
other events, check the event requirements on the authenticity of products being offered
for sale. Many events list the requirements in newspaper advertisements, promotional
flyers, and printed programs. If the event organizers make no statements on compliance
with the Act or on the authenticity of Indian arts and crafts offered by participating
vendors, you should obtain written certification from the individual vendors that their
Indian arts or craftwork were produced by tribal members or by certified Indian
artisans.
The above information reprinted courtesy of:
U.S. Department of the Interior, Indian Arts and Crafts Board
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