{"id":9984,"date":"2018-11-15T06:11:45","date_gmt":"2018-11-14T19:11:45","guid":{"rendered":"http:\/\/www.idaia.com.au\/en\/?p=9984"},"modified":"2019-06-27T20:42:54","modified_gmt":"2019-06-27T10:42:54","slug":"federal-court-win-against-fake-aboriginal-art","status":"publish","type":"post","link":"https:\/\/www.idaia.com.au\/en\/federal-court-win-against-fake-aboriginal-art\/","title":{"rendered":"Federal Court Win against Fake Aboriginal Art"},"content":{"rendered":"
\"Sample<\/a>

Sample of inauthentic artwork sold by Birubi Art \u00a9 Photo Australian Consumer & Competition Commission<\/p><\/div>\n

Court finds that Birubi Art misled consumers over fake Indigenous Australian art<\/strong><\/p>\n

The Federal Court has found that Birubi Art Pty Ltd (Birubi) made false or misleading representations that products it sold were made in Australia and hand painted by Australian Aboriginal persons, in breach of the Australian Consumer Law.<\/p>\n

From July 2015 to November 2017 Birubi sold over 18,000 boomerangs, bullroarers, digeridoos and message stones to retail outlets around Australia.<\/p>\n

These products, despite featuring designs associated with Australian Aboriginal art and words such as \u2018Aboriginal Art\u2019, \u2018genuine\u2019, and \u2018Australia\u2019, were made in Indonesia.<\/p>\n

The Court concluded that the overwhelming impression conveyed by some of the products, and the associated images and representations, is that they were made in Australia and were hand painted by Australian Aboriginal persons.<\/p>\n

\u201cIt was unacceptable that Birubi sold Indonesian made products as having being hand painted by Australian Aboriginal persons when that was not the case,\u201d ACCC Commissioner Sarah Court said.<\/p>\n

\u201cThe artwork, images and statements used by Birubi suggested a relationship between Australian Aboriginal people and the production of the products which did not exist.\u201d<\/p>\n

\u201cThe ACCC is particularly concerned about any conduct that has the potential to undermine the integrity and value of genuine Indigenous Australian art, and consequently, the impact that could have on Indigenous Australian artists,\u201d Ms Court said.<\/p>\n

\u201cThe ACCC will not hesitate to take further action against traders who mislead consumers about the nature of their products, in order to ensure confidence in the Indigenous Australian art industry,\u201d Ms Court said.<\/p>\n

A hearing on penalties and other orders sought against Birubi by the ACCC will be held on a later date to be fixed by the Court.<\/p>\n

 <\/p>\n

Background<\/strong><\/p>\n

Birubi is a wholesaler of Australian souvenir and Australiana products based in Kippa-Ring, Queensland.<\/p>\n

The ACCC instituted proceedings against Birubi Art Pty Ltd<\/a> in March 2018.<\/p>\n

The proceedings form part of the ACCC\u2019s work addressing conduct impacting Indigenous Australians, which is an enduring priority for the ACCC<\/a>.<\/p>\n

 <\/p>\n

SOURCE: The Australian Consumer & Competition Commission<\/a> (ACCC)<\/p>\n

RELATED ORGANISATIONS:
\nArts Law Centre of Australia<\/a>
\nCopyright Agency | Viscopy<\/a>
\nIndigenous Art Code<\/a><\/p>\n

#FakeArtHarmsCulture<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Court finds that Birubi Art misled consumers over fake Indigenous Australian art The Federal Court has found that Birubi Art Pty Ltd (Birubi) made false or misleading representations that products it sold were made in Australia and hand painted by Australian Aboriginal persons, in breach of the Australian Consumer Law. From July 2015 to November […]<\/p>\n","protected":false},"author":1,"featured_media":9992,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[72],"tags":[],"class_list":["post-9984","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-industry-news"],"_links":{"self":[{"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/posts\/9984","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/comments?post=9984"}],"version-history":[{"count":8,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/posts\/9984\/revisions"}],"predecessor-version":[{"id":10331,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/posts\/9984\/revisions\/10331"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/media\/9992"}],"wp:attachment":[{"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/media?parent=9984"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/categories?post=9984"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.idaia.com.au\/en\/wp-json\/wp\/v2\/tags?post=9984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}