Senate Select Committee recommends against compulsory acquisition 4 min read. Copyright in the Aboriginal flag is owned by Aboriginal artist, Harold Thomas. The right to reproduce the flag on clothing worldwide is exclusively licensed to a non-indigenous company, WAM Clothing Pty Ltd (WAM Clothing).
Who owns the rights to the Australian flag?
Australian National Flag Rights and Significance
Usage of our flag is shared with Government though, unlike the National Coat of Arms, the Australian National Flag is owned by the people exclusively, under law, through the Commonwealth Flags Act.
Is the Australian flag copyrighted?
Unlike most other flags around the world, the Aboriginal flag is still protected by copyright. That copyright is owned by Luritja man Harold Thomas, who created the flag for the National Aboriginal Day march in July 1971. … But in 1997, the Federal Court declared him the author and owner of the copyright.
Do flags have copyright?
In the United States, government works cannot be protected by copyright under 17 USC Section 105; therefore, the national flag is in the public domain. … Further, the term of copyright for older flags may have expired, even if they were not created for or on behalf of governments.
Who sold Aboriginal flag rights?
Instead the flag belongs to Harold Thomas, an Aboriginal artist who designed it in 1971 for his people’s civil rights movement. Mr Thomas retains the full copyright – a status clarified by a legal battle in the 1990s – and he has leased reproduction rights to different companies over the years.
Is there a copyright on the Aboriginal flag?
Copyright in the Aboriginal flag is owned by Aboriginal artist, Harold Thomas. The right to reproduce the flag on clothing worldwide is exclusively licensed to a non-indigenous company, WAM Clothing Pty Ltd (WAM Clothing).
How much did WAM pay for the Aboriginal flag?
WAM Clothing was established in Nov 2018 and signed a worldwide exclusive agreement with Harold Thomas for the use of the Aboriginal flag on Clothing. What we didn’t know was, Harold licensing agreement with WAM Clothing was for a $20,000 lump sum plus royalties over 10 years.
What are the three flags of Australia?
Australia has three official flags: the Australian National Flag, the Australian Aboriginal Flag and the Torres Strait Islander Flag.
Is the US flag copyrighted?
Many flags and national symbols are commissioned or created for or on behalf of governments. In the United States, government works cannot be protected by copyright under 17 USC Section 105; therefore, the national flag is in the public domain. However, there are restrictions on use of the flag.
Is the Chicago flag copyrighted?
No, this would not be trademark infringement. Governments cannot trademark their names or official “insignia.” They can trademark other marks associated with their operations (e.g. “NYPD”) but flags have been deemed to be official insignia…
Can I use the American flag in my logo?
The flag should never be used as a covering for a ceiling. The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.
Why can’t the AFL use the Aboriginal flag?
The Australian Aboriginal flag will not be painted onto the centre circle of AFL grounds during this year’s Indigenous round due to a copyright issue with WAM Clothing. … That flag belongs to all Aboriginal people – not just to any individual.
Did the Aboriginal flag get sold?
Company that owns rights to Aboriginal flag in the spotlight at Senate inquiry. … WAM Clothing was granted the exclusive use of the Aboriginal flag on clothing, physical and digital media by its designer and copyright holder, the Luritja artist Harold Thomas, in November 2018.
What does the black in the Aboriginal flag represent?
Black – represents the Aboriginal people of Australia. Yellow circle – represents the Sun, the giver of life and protector. Red – represents the red earth, the red ochre used in ceremonies and Aboriginal peoples’ spiritual relation to the land.