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THE Aboriginal flag symbolises the people, the country and above all the feeling of inclusiveness that should never be taken over by individuals, say Ballarat’s indigenous leaders. Their comments come amid a complicated and long-running dispute which has seen, among other things, the flag removed from AFL venues this weekend, despite it being the league’s Indigenous Round. The AFL this week announced it wouldn’t be using the symbol of Aboriginal Australia as part of its Indigenous Round because it had been unable to secure a deal with the co-owners who own the copyright to the flag. IN THE NEWS International business WAM Clothing controls the copyright license for clothing and media, which includes the flag being painted on an AFL ground. Wadawurrung woman Deanne Gilson said it was a shame the flag was becoming a pawn in a legal minefield. “What the flag means to me is a connection to country, unity and strength of Aboriginal people. It’s our voice,” Ms Gilson said. “When it’s represented it’s seen as a place to go. It’s about inclusiveness. The flag represents, the people, the country and all of that. You do think to yourself, if they don’t put the flag up, why haven’t they?” The flag was designed by Luritja artist Harold Thomas, and is believed to have first been flown at a National Aboriginal Day rally in Adelaide in 1971. HAVE YOUR SAY AT THE BOTTOM OF THIS STORY Mr Thomas was widely credited with the design but did not seek copyright until the 1990s. In 1997, the federal court recognised him as the author of the image, meaning it is protected under copyright law and can only be reproduced with his permission. In October 2018, Mr Thomas granted WAM Clothing worldwide exclusive rights to use the flag on clothing. It has since issued a series of “cease and desist” notices to several companies, including the AFL, which uses the flag on jerseys for the Indigenous round, and an Aboriginal social enterprise which puts the profits of its clothing sales back into Aboriginal community health programs. Ballarat and District Aboriginal Co-operative chief executive Karen Heap said the symbol should always be seen as a recognition of Aboriginal people. “Its not owned by Victoria or South Australia or the Commonwealth, it’s a national thing for the people and the recognition of our people,” Ms Heap said. “You have to ask yourself ‘how do you own that? It should be part of our existence. It’s a minefield. “I just think about Cathy Freeman with the flag. That was our proudest moment for all Australians not just Aboriginal people, I felt so proud that she’s an Aboriginal woman who can do that. It gave us all a real pride.” Another Olympic Gold Medalist Nova Peris has started a campaign to ‘Free The Flag’ which has generated more than 90,000 signatures. “It’s an absolute disgrace,’ Peris told Sydney radio station 2GB on Wednesday. “We’re held to ransom for money over the pride of all Australian people.” Last year Sydney Swans star Lance Franklin chose to license the use of the flag off WAM for his personal clothing brand, a move that saw him come under fire. In response the Sydney Swans star said he was ‘deeply disturbed’ by the attacks on him, pointing out that going through WAM was the only ‘legal’ way to use the flag. Ms Heap said she fully backed the AFL stance in not paying for a licensing fee for this weekend’s matches, encouraged by Ms Peris’ campaign to encourage all crowd members of games in Darwin this weekend to display the flag freely. “The AFL have their indigenous round and it’s really important across the nation too,” she said. “We all look forward to that round, seeing our people represented. The flag is a part of it. “I understand why the AFL won’t pay for it. We shouldn’t have to pay for it. Certainly it should be a part of what we display and not have to pay exorbitant fees to do so.” Ms Gilson said she also supported the AFL’s stance. “The AFL are fantastic,” she said “You look at what football means to indigenous kids, they are bending over backwards for indigenous kids. “AFL is important to Aboriginal kids as is Aboriginal art in terms of cultural heritage side of things “Let’s hope it gets resolved. A lot of us are sitting back waiting for it to happen.” Locally Ms Heap said the copyright would also affect BADAC as it meant could not be used to promote the work done locally, even as so far to not showing the flag on letterheads. However the law allows for the flag to remain flying as it is not seen as a promotion for the business, the same reason it remains over Ballarat Town Hall. There has been some discussion that the federal government could purchase the copyright and return it to the Aboriginal people, but another local indigenous leader Tammy Gilson said that could prove just as problematic as it would give the Federal Government another control over first peoples. “I feel the aboriginal people should own it,” Ms Gilson said. “The Commonwealth manages Aboriginal affairs, but its its time for us to stand-up strong and be proud and get that acknowledgement. “When I first heard about what was happening, I was disgusted. All the kids have stopped wearing their t-shirts, you lose your identity of who you are. “But despite it all, through all of this, it’s brought Aboriginal people to connect back together. It’s bringing unity as well. We are standing strong and fighting for what he believe in. In some ways there is a positive spin off, “They are the only worldwide clothing company who has the licensing agreement, but I think they need to listen to our people.” Ballarat Federal MP Catherine King said she supported calls for the copyright to be returned to the Aboriginal people. “It is very disappointing that once again the use of the Aboriginal Flag is being limited by commercial copyright in this way,” Ms King said. “The Aboriginal flag is one of the most important symbols in Australia, symbolising tens of thousands of years of proud Aboriginal Australian history. “This flag belongs to all Aboriginal people. Any resolution must restore the flag’s place as a national symbol, while delivering an equitable outcome for the designer, Mr Thomas.” If you are seeing this message you are a loyal digital subscriber to The Courier, as we made this story available only to subscribers. Thank you very much for your support and allowing us to continue telling Ballarat’s story. We appreciate your support of journalism in our great city. HAVE YOUR SAY HERE
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THE Aboriginal flag symbolises the people, the country and above all the feeling of inclusiveness that should never be taken over by individuals, say Ballarat’s indigenous leaders.
Their comments come amid a complicated and long-running dispute which has seen, among other things, the flag removed from AFL venues this weekend, despite it being the league’s Indigenous Round.
The AFL this week announced it wouldn’t be using the symbol of Aboriginal Australia as part of its Indigenous Round because it had been unable to secure a deal with the co-owners who own the copyright to the flag.
International business WAM Clothing controls the copyright license for clothing and media, which includes the flag being painted on an AFL ground.
Wadawurrung woman Deanne Gilson said it was a shame the flag was becoming a pawn in a legal minefield.
“What the flag means to me is a connection to country, unity and strength of Aboriginal people. It’s our voice,” Ms Gilson said.
The Aboriginal flag is a symbol for all indigenous people around Australia.
“When it’s represented it’s seen as a place to go. It’s about inclusiveness. The flag represents, the people, the country and all of that. You do think to yourself, if they don’t put the flag up, why haven’t they?”
The flag was designed by Luritja artist Harold Thomas, and is believed to have first been flown at a National Aboriginal Day rally in Adelaide in 1971.
HAVE YOUR SAY AT THE BOTTOM OF THIS STORY
Mr Thomas was widely credited with the design but did not seek copyright until the 1990s. In 1997, the federal court recognised him as the author of the image, meaning it is protected under copyright law and can only be reproduced with his permission.
In October 2018, Mr Thomas granted WAM Clothing worldwide exclusive rights to use the flag on clothing.
It has since issued a series of “cease and desist” notices to several companies, including the AFL, which uses the flag on jerseys for the Indigenous round, and an Aboriginal social enterprise which puts the profits of its clothing sales back into Aboriginal community health programs.
What the flag means to me is a connection to country, unity and strength of Aboriginal people. It’s our voice
Deanne Gilson
Ballarat and District Aboriginal Co-operative chief executive Karen Heap said the symbol should always be seen as a recognition of Aboriginal people.
“Its not owned by Victoria or South Australia or the Commonwealth, it’s a national thing for the people and the recognition of our people,” Ms Heap said.
“You have to ask yourself ‘how do you own that? It should be part of our existence. It’s a minefield.
“I just think about Cathy Freeman with the flag. That was our proudest moment for all Australians not just Aboriginal people, I felt so proud that she’s an Aboriginal woman who can do that. It gave us all a real pride.”
Another Olympic Gold Medalist Nova Peris has started a campaign to ‘Free The Flag’ which has generated more than 90,000 signatures.
“It’s an absolute disgrace,’ Peris told Sydney radio station 2GB on Wednesday. “We’re held to ransom for money over the pride of all Australian people.”
Last year Sydney Swans star Lance Franklin chose to license the use of the flag off WAM for his personal clothing brand, a move that saw him come under fire.
In response the Sydney Swans star said he was ‘deeply disturbed’ by the attacks on him, pointing out that going through WAM was the only ‘legal’ way to use the flag.
Ms Heap said she fully backed the AFL stance in not paying for a licensing fee for this weekend’s matches, encouraged by Ms Peris’ campaign to encourage all crowd members of games in Darwin this weekend to display the flag freely.
“The AFL have their indigenous round and it’s really important across the nation too,” she said.
“We all look forward to that round, seeing our people represented. The flag is a part of it.
“I understand why the AFL won’t pay for it. We shouldn’t have to pay for it. Certainly it should be a part of what we display and not have to pay exorbitant fees to do so.”
Ms Gilson said she also supported the AFL’s stance.
“The AFL are fantastic,” she said “You look at what football means to indigenous kids, they are bending over backwards for indigenous kids.
“AFL is important to Aboriginal kids as is Aboriginal art in terms of cultural heritage side of things
BADAC chief executive Karen Heap
“Let’s hope it gets resolved. A lot of us are sitting back waiting for it to happen.”
Locally Ms Heap said the copyright would also affect BADAC as it meant could not be used to promote the work done locally, even as so far to not showing the flag on letterheads. However the law allows for the flag to remain flying as it is not seen as a promotion for the business, the same reason it remains over Ballarat Town Hall.
There has been some discussion that the federal government could purchase the copyright and return it to the Aboriginal people, but another local indigenous leader Tammy Gilson said that could prove just as problematic as it would give the Federal Government another control over first peoples.
“I feel the aboriginal people should own it,” Ms Gilson said.
“The Commonwealth manages Aboriginal affairs, but its its time for us to stand-up strong and be proud and get that acknowledgement.
Tammy Gilson said she is upset that so many people have stopped showing the Aboriginal colours due to the copyright dispute over the flag.
“When I first heard about what was happening, I was disgusted. All the kids have stopped wearing their t-shirts, you lose your identity of who you are.
“But despite it all, through all of this, it’s brought Aboriginal people to connect back together. It’s bringing unity as well. We are standing strong and fighting for what he believe in. In some ways there is a positive spin off,
“They are the only worldwide clothing company who has the licensing agreement, but I think they need to listen to our people.”
Ballarat Federal MP Catherine King said she supported calls for the copyright to be returned to the Aboriginal people.
“It is very disappointing that once again the use of the Aboriginal Flag is being limited by commercial copyright in this way,” Ms King said.
“The Aboriginal flag is one of the most important symbols in Australia, symbolising tens of thousands of years of proud Aboriginal Australian history.
“This flag belongs to all Aboriginal people. Any resolution must restore the flag’s place as a national symbol, while delivering an equitable outcome for the designer, Mr Thomas.”
If you are seeing this message you are a loyal digital subscriber to The Courier, as we made this story available only to subscribers. Thank you very much for your support and allowing us to continue telling Ballarat’s story. We appreciate your support of journalism in our great city.
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