Indian Arts & Crafts Act
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The Indian
Arts and Crafts Act of 1990 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.
What 'Indian' means:The term `Indian' means any individual who is a member of an Indian tribe, or for the purposes of this section is certified as an Indian artisan by an Indian tribe; The terms `Indian product' and `product of a particular Indian tribe or Indian arts and crafts organization' has the meaning given such term in regulations which may be promulgated by the Secretary of the Interior; The term `Indian tribe' means-- (A) any Indian tribe, band, nation, Alaska Native village, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or (B) any Indian group that has been formally recognized as an Indian tribe by a State legislature or by a State commission or similar organization legislatively vested with State tribal recognition authority; and (4) the term `Indian arts and crafts organization' means any legally established arts and crafts marketing organization composed of members of Indian tribes. Law Coverage: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. What to do, if you purchased misrepresented art: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. For the complete Indian Arts & Crafts Act , please go to: http://www.doi.gov/iacb/iaca90.htm |
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