‘Belongs to everyone’: Copyright of Aboriginal Flag transferred to Commonwealth

A major agreement has been reached over the Aboriginal Flag that will change the way it’s allowed to be used.

The Aboriginal flag will now be freely available for public use after the copyright of the powerful symbol was transferred to the Commonwealth in a $20m agreement.

It means all Australians will be able to feature the Aboriginal flag on T-shirts, show it at sporting events or include it in artworks without having to ask permission or pay a fee.

The major development comes after a campaign to “free the flag” was reignited in 2020 when the AFL was unable to use the enduring red, yellow and black symbol in its Indigenous Round due to copyright issues.

“We’ve freed the Aboriginal flag for Australians,” Prime Minister Scott Morrison 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.”

The flag’s copyright had been held by Indigenous artist Harold Thomas, who created the historic design in Adelaide in 1971, before it was flown at the Aboriginal Tent Embassy from 1972.

The government has had the copyright transferred in a $20m deal. Picture: NCA NewsWire / Emma Brasier.

In 1997, a federal court officially recognised him as the sole author, meaning he could grant licences to other parties to make copies.

In 2018, WAM Clothing, a non-Indigenous company, secured exclusive use of the flag for clothing.

The company was at the centre of controversy after it issued infringement notices to the AFL and NRL, as well as non-profit Aboriginal organisations, for their past use of the design.

“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,” the Prime Minister said.

Minister for Indigenous Australians Ken Wyatt said the free use of the flag was profoundly important.

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

“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.

“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.”

Aboriginal flag artist Harold Thomas signed the copyright over to the Commonwealth. Picture David Hancock

The government paid $20m to terminate existing licences, including to Mr Thomas for the copyright and the licensees.

However, under the agreement, the exclusive licence to manufacture the Aboriginal Flag will remain with Carroll and Richardson Flagworld to maintain quality.

But it will only apply to commercial production and Flagworld will not restrict individuals from making their own flag for personal use, a statement said.

Mr Thomas will also retain his moral rights over the flag under the copyright transfer and he plans to use $2m to establish an Aboriginal Flag Legacy not-for-profit.

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

“The Aboriginal Flag design is my dreaming, intertwined with my wife’s family and mine, our ancestral belonging. The land, and the landscape, is indelible in my make-up; it courses through my consciousness and subconsciousness.

“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.”

An annual scholarship worth $100,000 will be created in Mr Thomas’s honour for Indigenous students to further their governance and leadership.