I feel like I need to correct some misconceptions around the Aboriginal flag because NOBODY seems to know how this works. Copyright for the flag belongs to its designer Harold Thomas. He licensed it to WAM clothing for CLOTHING only. It's free for use for non-commercial use.
Flagworld possess the license to produce actual flags. People are free to use the flag for non-commercial use. Thomas CAN sue people using the flag against his wishes and has said he would stop racists and fascists from using it.
However, even the media and govt seem clueless.
However, even the media and govt seem clueless.
WAM clothing don't "own" the copyright, they are licensed to use the design on clothing. If anyone says a wadjela company owns the Aboriginal flag they are lying. If people fear being sued for waving the Aboriginal flag they don't know how copyright works.
I am not going to comment on the morality of it but the people who were sued for producing clothing using the flag without a license were selling the clothing, which is commercial use. They did not ask Harold Thomas for permission to use his copyrighted design.
Why do I care? I can imagine a scenario where someone decides my written work should belong to all Australians or all Aboriginal people and starts to publish their own books of my work to sell at a profit.
Want the flag to belong to all Aboriginal people? Buy it from Harold.
Want the flag to belong to all Aboriginal people? Buy it from Harold.
I remember reading years ago that Harold Thomas originally asserted his copyright of the Aboriginal flag to prevent it's misuse. He did not want people harming Aboriginal people using the flag in their logos or the government appropriating it.
If any of the newspapers printing lies and misconceptions about who owns the Aboriginal flag would like an article explaining these quite simple concepts would like a story on the flag with even more detail my contact details are not hard to find.
Here's a story from @CAAMA with an actual statement by Harold Thomas
BTW, the people starting this whole stoush are a small company who breached copyright law. They are Aboriginal owned but that does not mean they don't have to get permission to use a copyrighted design.
Same with a work of art, being Aboriginal wouldn't permit copying art.
Same with a work of art, being Aboriginal wouldn't permit copying art.
I have paintings I love on my walls from Aboriginal people. If I put those paintings on a t-shirt and offered it for sale I would have broken copyright law and the painter of the art could sue me
The Aboriginal flag was not designed by committee, it was designed by Harold Thomas
The Aboriginal flag was not designed by committee, it was designed by Harold Thomas
In addition, Harold Thomas did not force or even ask everybody to make the flag he designed an icon. He even resisted the govt making it a flag of Australia. How about showing the man who designed our flag some respect.
I have looked into it further and the problem the AFL has is not the flying of the flag, they can do that. What's going on is that they are spitting the dummy because they can't put the flag on Jerseys and SELL THEM.
Again it comes down to not wanting to pay licensing fees.
Again it comes down to not wanting to pay licensing fees.
