| Oklahoma Indian Child Welfare Association, Incorporated |
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| OICWA |
| 2010 Oklahoma Indian Child WelfareConference |
| Home About OICWA Meetings Membership Conferences/Events Resources Contact OICWA Committees Donate OK ICW Programs Links |
| OKLAHOMA INDIAN CHILD WELFARE ASSOCIATION, INC. P.O. Box 1274 Shawnee, OK 74802-1274 oicwa@yahoo.com |
| Copyright © 2010 Oklahoma Indian Child Welfare Association, Inc. |
| "Promoting the well-being of American Indian children, their families, and their tribes" OICWA |
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| U.S. Indian Arts and Crafts Act of 1990 |
| The Indian Arts and Crafts Act of 1990 (P.L. 101-644) 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. Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe. 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. All products must be marketed truthfully regarding the Indian heritage and tribal affiliation of the producers, so as not to mislead the consumer. It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craft item. Anyone applying to exhibit at the 2010 Annual Oklahoma Indian Child Welfare Conference as an Indian artisan must be able to provide proof of one of the following: • Membership in a state or federally recognized tribe; or • Certification as an Indian artisan by the governing body of an Indian tribe as a nonmember Indian artisan. For purposes of exhibiting as an Indian artisan at the 2010 Annual Oklahoma Indian Child Welfare Conference, the following terms shall apply: • Indian product means any art or craft product made by an Indian. • Indian labor makes the Indian art or craft object an Indian product. • Indian tribe means: 1. Any federally recognized Indian tribe, band, nation, Alaska Native village, or organized group or community; or 2. 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. |
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