Commonwealth secures copyright for Aboriginal flag from artist Harold Thomas
For years, copyright constraints have prevented Australians from using the image of the Aboriginal flag. But after a lengthy fight, the flag has been “freed”.
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The Aboriginal flag has finally been freed of copyright constraints, which have prevented Aussies from using the image for more than three years.
The Commonwealth has secured the copyright for $20m following lengthy negotiations with artist Harold Thomas, who had given the exclusive licence to a non-Indigenous company.
Aboriginal Australians voiced dismay at their inability to use the flag and believed it was being held hostage for money.
But Mr Thomas, who has remained tight lipped throughout the saga, says he hopes the deal will provide some comfort.
“We’ve freed the Aboriginal flag for Australians,” Prime Minister Scott Morrison said.
“All Australians can now put the Aboriginal flag on apparel such as sports jerseys and shirts, it can be painted on sports grounds, included on websites, in paintings and other artworks, used digitally and in any other medium without having to ask for permission or pay a fee.”
In late 2018, Mr Thomas gave the exclusive licence to WAM Clothing, which threatened legal action against several organisations for using the Aboriginal flag on clothing without paying them.
Prominent Indigenous Australians and AFL clubs joined a campaign to “free the flag”, with the image of the flag also unable to be used during Indigenous rounds.
The federal government began negotiating with Mr Thomas in 2019, but Australians were unable to celebrate the flag’s 50th anniversary in July last year.
Minister for Indigenous Australians, Ken Wyatt, said the flag was an enduring symbol that belonged to everyone, and no one could now “take it away”.
The cost of freeing the flag has set taxpayers back $20.05m, which includes a payment to Mr Thomas, and termination payments to the licensees.
Mr Thomas intends to use $2m to establish a not-for-profit Australian Aboriginal flag Legacy that will provide grants to further the interests of Aboriginal people and the flag.
Under the deal, he will retain his moral rights over the flag.
The Commonwealth also agreed to provide an annual scholarship worth $100,000 in Mr Thomas’ honour, for Indigenous students to further the development of Indigenous governance and leadership.
The artist has also broken his silence saying he was grateful that his art was appreciated and represented something “so powerful” to so many.
“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.
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