Made by Native America
Shopping for Native American art for your gift list may require some due diligence
If you are shopping for Native American made gifts this season, you want to know they are authentically made by Native Americans. Despite the federal law criminalizing the fraudulent representation of Native American arts and crafts, there are still those who are fraudulently representing their merchandise as Native American made.
Native American “making” of any art is more than the carefully developed skill. It is also the process and mental preparedness that is part of the making. Sometimes the story or tradition of the art is part of the mental preparation an artist might take before beginning work on the piece or while working on the art, which makes the art fulfill its purpose. This combination of skill and tradition flows with the art to the recipient.
On August 27 1935, the Arts & Crafts Act of 1935, was enacted by Congress. The Act created the Indian Arts and Crafts Board (IACB) to promote authentic Native American arts and crafts, and criminalize those who fraudulently profited by selling arts and crafts not authentically made by Native Americans.1 The Arts & Crafts Act of 1990 updated the statute to include a kind of truth in advertising requirement for the sale of items represented as Native American made.
Even shopping in Old Towne Albuquerque, New Mexico does not guarantee you are buying authentic arts and crafts made by Native Americans, or buying from vendors at powwows. Counterfeit art can be anywhere.
One of the biggest recent convictions came from just outside of Gallup, New Mexico. An undercover FBI investigation called Operation Al Zuni revealed an operation that involved shipping massive amounts of jewelry crafted in the Phillipines and sold in the U.S. as Native American made.2 The owners of one distribution point, Jawad and Nash Khalaf pleaded guilty but only received 2 year’s probation. Other members of the global scheme, the Khalaf brothers, had only to pay fines pf $300,000 each and forfeit $290,000 in cash and the counterfeit jewelry.3
Due diligence before buying ensures a legitimacy and integrity for Native American arts and crafts. But how do you go about due diligence with Native American art? Visiting reputable Native American Art Markets and becoming familiar with the market and artists is a good start. Similar to other arts’ provenance research, consulting historical books and learning about the artists will help ensure you are buying authentic art. For example, in the Operation Al Zuni case, the following example shows that the way the artist signed the back of the jewelry piece made it evident that one was not the authentic signature of the artist. Becoming familiar with the artist’s way of signing their works is a good step to take before buying.
Becoming familiar with the kind of art styles that a particular artist or Native Nation typically uses is also helpful. For example, Zuni silversmithing and stone setting looks distinctively different from Navajo jewelrymaking. The example of Zuni style below, is “needlepoint” stonesetting, compared to the use of large stones in the Navajo example. It is possible that many styles may be used by any artist, but it is good to know enough to ask the right questions when you see something that does not fit the usual style.
Finally, a good step to take when you do decide to buy is to ask the dealer for written verification that the item is authentic Indian art or craftwork and note the name of the artist and their tribal affiliation. If the dealer is in compliance with the Act, they should be able to provide you with this documentation.4
Other arts like paintings, pottery and regalia are also included in the scope of the Act. Non-art and craft products that are beyond the scope of the Act include: literary works, films, audio recordings, mascots, educational workshops, industrial products (T-shirts, cook books, etc.).5
Federally recognized tribes are protected by this Act but in this case, this is a federal statute that also includes state recognized tribes within its protection. Individuals can also be designated by the tribe as recognized artisans under the Act.6
Another way to avoid purchasing misrepresented Indian arts and crafts is to buy from a business in the directory of arts and crafts businesses. The Indian Arts & Crafts Board website is an excellent resource to verify the authenticity of Native American-made items in order to guard against counterfeits and you can find a link to their directory of companies that are Native American Arts & Crafts Businesses, sorted by state.7 The Board works to ensure that Native American artisans are receiving the recognition and remuneration that they deserve for their craftsmanship.8
If you want to get some practice, you can do a search online for Native American arts and there are several sites (such as Ebay) where you will find a number of items claiming to be made by Native Americans. You can test your due diligence skill by taking a look at a few of these. Although these trading websites have improved in their own policing of fraudulent representations, you may still spot some questionable or even obvious misrepresentations.
But those not protected by the Act, who make items in a Native American style, can still pursue their business, bu to avoid violating the Indian Arts & Crafts Act, the Arts & Crafts Board recommends the following:
Indian style art and craft products made by non-Indians may be offered or displayed for sale, or sold, as “Native American style,” “Native American inspired,” or in a similar qualified manner intended to avoid consumer confusion.9
The applicable regulation is officially explained as follows:
§ 309.9 When can non-Indians make and sell products in the style of Indian arts and crafts? A non-Indian can make and sell products in the style of Indian art or craft products only if the non-Indian or other seller does not falsely suggest to consumers that the products have been made by an Indian. [68 FR 35170, June 12, 2003]
The U.S. Department of Interior is responsible for the administration of this Act with the Indian Arts & Crafts Board; while the FBI is responsible for investigating violations in coordination with the U.S. Department of Justice who is then responsible for prosecution of criminal and civil violations of the Act. Under the U.S. Department of Interior, Secretary, Deb Haaland, the Department has greatly increased its surveillance of NAGPRA violations, hiring additional investigative officers. It is likely that increased vigilance for investigating violations of the Indian Arts & Crafts Act is underway as well. If you find any potential violations, you can file a complaint here: https://www.doi.gov/iacb/should-i-report-potential-violation .
Native American made gifts are a meaningful way to connect with Native American history and culture, so it is important to ensure the authenticity of Native American-made items.
Your due diligence is just doing the right thing and it helps all Native American artists.
Note: None of this should be construed as legal advice.
49 St t. 891; 25 U.S.C. §§ 1158-1159.
https://www.krqe.com/news/larry-barker/multi-million-dollar-native-american-counterfeit-art-syndicate-investigation/
https://www.krqe.com/news/larry-barker/multi-million-dollar-native-american-counterfeit-art-syndicate-investigation/
https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/us/us207en.html
https://www.doi.gov/iacb/should-i-report-potential-violation
25 CFR 309.29 at https://www.govinfo.gov/content/pkg/CFR-2015-title25-vol2/pdf/CFR-2015-title25-vol2-part309.pdf
https://www.doi.gov/iacb/source-directory
www.iacb.gov
https://www.doi.gov/iacb/should-i-report-potential-violation