Federal government under pressure to ‘free’ Aboriginal flag

The Morrison government is under pressure to end a dispute over copyright of the Aboriginal flag amid claims Australians are “really angry” its image cannot be used.

Pressure is mounting on the Morrison government to resolve a long-running dispute over the copyright of the Aboriginal flag.

Labor is calling on Indigenous Australians Minister Ken Wyatt to come clean on the sticking points after more than a year of talks with the government, artist Harold Thomas and the licence holders.

“There can’t be an endless negotiation,” opposition spokeswoman Linda Burney said. “We have been incredibly patient.”

The Aboriginal flag came under the microscope of a Senate committee last year.

Ms Burney said Australians were “really angry” no one could use the image of the Aboriginal flag because Mr Thomas gave WAM Clothing the exclusive rights to it.

“The flag cannot be held hostage for profit,” she said.

“There needs to be a few ultimatums put, particularly … this is the amount we are prepared to offer.”

The Aboriginal flag came under the microscope of a Senate committee last year, which recommended against the government wielding its constitutional power to compulsorily acquire the copyright to protect the rights of Mr Thomas.

Instead, it proposed an independent body involving Aboriginal people be established to have custodial control of the Aboriginal flag and its use.

“A balance must be struck between the legal rights and the value of the Aboriginal flag to the copyright holder and licensees, and the Aboriginal flag’s deep and intrinsic significance to Aboriginal people,” the committee said.

Nova Peris and Michael Long stand with the Aboriginal Flag. Picture: Che Chorley

Melbourne woman and Clothing the Gaps co-founder Laura Thompson started the Free the Flag campaign in 2019 after receiving a legal letter from WAM Clothing for using an image of the flag.

The push was supported by AFL clubs and prominent Indigenous Australians but the flag could not even be celebrated at its 50th anniversary in July.

Ms Thompson said people were worried about the price tag for using the flag and whether that would come from “the Aboriginal bucket of money the government has”.

“I really want to feel like the flag belongs to me and the Aboriginal people again,” she said. “At the moment, it doesn’t. It feels like it’s definitely being controlled and held hostage by non-Aboriginal people.

Minister for Indigenous Affairs Ken Wyatt las year said he hoped the flag would return to sports grounds in 2021. Picture: Gary Ramage

“It is just really sad that two years on there’s no certainty around when it’s going to be free.”

In August last year, Mr Wyatt said he hoped the flag would be back on the grounds at major sporting events in 2021.

A spokeswoman for Mr Wyatt said talks “with Mr Thomas and the licensees of the Aboriginal flag to resolve public concerns relating to its use are continuing in a constructive manner and in good faith,” she said. “These discussions are delicate and sensitive and the Commonwealth is not in a position to provide details of these negotiations.”

Mr Thomas and WAM Clothing could not be contacted for comment.