Native American Craft
Impersonating an Indian can cost you a quarter of a million dollars if you get caught. How?
It’s actually quite easy.
If you are an artisan or craftsman producing goods that are in the style of the American Indian, you can identify your work as Indian only if you actually belong to an Indian tribe recognized by the federal or state government. Or you can be certified as an Indian artisan by a legally recognized Indian tribe.
That’s it. It’s that easy. If you aren’t an Indian, you can’t say that you are or that your artwork or craft goods are either. You can’t claim to be making Native American crafts or artworks and you can’t claim to be making Navajo, Kiowa, Hopi, Apache, or any other particular tribal works either.
If you do, it’s fraud and fraud is a crime.
Since 1990, Native American crafts and works of art have been protected by the Indian Arts and Crafts Act. This act, PL 101-644, was enacted as a truth-in-advertising law that says it’s illegal to claim to have made, sold, or displayed any arts or crafts identified as Indian or Native American when, in fact, the work was not made by an Indian or an artisan certified by an Indian tribe.
This law protecting Native American crafted items covers all contemporary and traditional goods produced after 1935. It means jewelry, kachina dolls, pottery, baskets, fetishes, rugs, pottery, clothing. Everything.
If you operate a business selling items that are advertised, labeled, or described in any way, anywhere, as tribal, Indian, or Native American crafts or artworks and that isn’t true, your business can be fined as much as a cool million dollars. It pays to make sure any artists or craftsmen you represent in your place of business, craft show, local fair, or other event is truly a member of a tribe or legally certified as an Indian artisan.
It’s entirely OK to say something is in the style of, inspired by, or based upon the works of authentic Native American crafted goods but you cannot say that it, in fact, IS Native American.
What if you claim it anyway and don’t have $250,000? No problem. You could spend up to five years in prison instead. Or be fined AND enjoy time behind bars.
Please send any comments directly to the author, Joseph Paige.

