By: Theodore J. Griswold | Partner | ted.griswold@procopio.com
I was honored recently to assemble and moderate this panel presentation for the California Lawyers for the Arts virtual symposium, “INTERSECTIONS: Art and Law at the Border.” The symposium addressed complicated and important issues related to the ownership of indigenous cultural items–which are often collected as “art”–and the modern appropriate identification of the nature of indigenous art. I was joined on the panel by Dr. Shasta Gaughen, Tribal Historic Preservation Officer for the Pala Band of Mission Indians, Dr. Ross Frank, UCSD Department of Ethnic Studies, and Johnny Bear Contreras, renowned Kumeyaay artist.
Individuals often mistake cultural artifacts as “art,” and the proprietary interests and culture of indigenous communities often find their way into online markets and auctions, when in fact these items were wrested involuntarily from the communities where they were created. Museums have not always understood the value and cultural context of items in their collection. In addition, within the “art” realm, there is an important distinction between American Indian Art (which is protected by the federal American Indian Arts & Crafts Act) and knock-off art created by importers or tourist shops.
This panel was a conversation among individuals that work to ensure the appropriate use and identification of Native American Art, protect and preserve Native American culture, and create a modern vision of Native American Art. A link to the panel presentation is here. We hope that this inspires conversations regarding the appropriate ownership of indigenous cultural items and the modern conception of indigenous art.
Ted Griswold is a Partner in Procopio’s Native American Law Practice Group and primary editor for the Blogging Circle. Connect with Ted at ted.griswold@procopio.com and 619.515.3277.
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