Restoring the art of the deal

Albert Namatjira is still revered almost 60 years after his death. His family and descendants have had a significant victory on his behalf and in his honour. By reclaiming full copyright over his artistic endeavours — after 34 years of having no control — they have been able to correct a wrong from a different era, reclaim their heritage and financial entitlement, and assert the value of intellectual and cultural property. It is no more than any of us deserve in our professional dealings. But it is especially important that this justice has been restored for a man who bridged — at times uncomfortably and ultimately tragically — a gulf between indigenous and non-indigenous Australia in the 1950s, just as he straddled the divide between their artistic interpretations.

Under a contentious deal struck by the semi-literate artist in 1957, he (and then, after his tragic 1959 death, his descendants) received only $1 of every $8 from net sales of reproductions of his work. Since 1983, under a copyright deal struck by the Northern Territory government, the Namatjira clan has not been entitled to royalty payments.

A campaign by the family, arts company Big hART, law firm Arnold Bloch Leibler, major institutions including the National Gallery of Australia, The Weekend Australian and a final intervention by Dick Smith has paid dividends. Legend Press, which has held the copyright and denied all claims it has been restrictive, has agreed to sell the entitlement to the Namatjira Legacy Trust for the token fee of $1.

As the Namatjira descendants have said in Rosemary Neill’s report, they are happy. Not only do they have a financial and cultural entitlement returned but, crucially, also now have control over the artistic legacy. This is a pleasing outcome and this newspaper, in keeping with our longstanding efforts to eradicate indigenous disadvantage, has been pleased to play its role. Namatjira’s life was a catalyst that helped to spark international recognition for the full spectrum of indigenous art. His legacy is a national treasure, now back in the right hands. Apart from the fairness of this outcome it should also mean his work is shared more openly for generations to come.