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Explainer: Who owns the rights to the Aboriginal flag?

Disputes concerning the Aboriginal flag highlight ongoing issues.

The Aboriginal flag will be absent from the AFL’s Indigenous Round for 2020 after the league’s decision not to pay for the use of the flag as a protest for its free rights.

The red, black and yellow flag will not be painted on the grounds nor make an appearance on goal umpires’ flags of 2020’s Sir Doug Nicholls round starting tomorrow.

There are widespread calls for the AFL and Australian Government to step in and protest against the copyright ban with many Indigenous athletes supporting the league’s decision not to pay to use the flag.

Who owns the rights to the Aboriginal flag?

The Aboriginal flag is owned by WAM Clothing, a company founded by non-Indigenous pair Ben Wooster and Semele Moore who acquired worldwide exclusive rights to the use of the flag in 2018.

The licence was given to the company on November 2018 by flag designer and copyright holder, Harold Thomas, a Luritja artist.

Indigenous-owned clothing company Clothing the Gap was one of the few companies issued a “cease and desist” notice along with the AFL.

Koori Mail, a national Indigenous newspaper addressed the issue about ownership, ‘Our’ Flag Raises Questions.

“Many Aboriginal people are surprised to find out that it’s not ‘our flag’, despite being recognised as a Flag of National significance by the Australian Government in 1995,” Koori Mail said.

When did copyright dispute start? 

The company had been issuing copyright claims dating back to 2019 with Indigenous charity Queensland Indigenous Wellbeing Centre (IWC) also forced to pay a copyright fee of $2,200 to print the flag on T-shirts they give to their patients.

The IWC have since paid the $2,200 fee but have decided to remove the flag from the next T-shirts they offer to communities.

What does ‘free the flag’ mean?

The movement Free The Flag has recently received a lot of momentum after a newly formed Queensland-based company began to notify manufacturers about printing rights on clothing.

The hashtag #PrideNotProfit was also amongst the movement that started a petition questioning WAM clothing’s control to profit off Aboriginal peoples’ identity and love for ‘their flag’.

Clothing the Gap has released a statement on their website concerning the rights to print the flag on their T-shirts.

“We believe that this control of the market by a non-Indigenous business has to stop and the the flag should be free for all to use and celebrate without fees or royalties,” Clothing the Gap said.

“Unite with us to #FreeTheFlag and see the Aboriginal Flag celebrated, shared and worn for #PrideNotProfit as we lobby government and relevant bodies for action.”

Who is involved behind the movement?

Indigenous athletes and many Indigenous Australian organisations and businesses have called on the Federal Government to free the rights to the Aboriginal flag.

The campaign is supported by Australia’s first Indigenous Olympic gold medallist Nova Peris as well as former politician, Essendon player and Indigenous rights campaigner Michael Long.

Peris has asked the AFL to adopt the #FreeTheFlag symbol for this year’s Indigenous Round with Long calling on AFL fans to protest at the games.

“I’m calling on all supporters coming to the ground this weekend to bring an Aboriginal Flag in support of what is happening,” Long told the Herald Sun.

Eddie Betts Indigenous AFL player Fox Sports yesterday that he would like to see the issue resolved and that he was not aware of the copyright laws until last year.

“I wrote a children’s book about Aboriginal culture and I put the Aboriginal flag in there. I didn’t know I had to get permission being an Aboriginal person to teach young kids at school about Aboriginal culture.”

“I support the AFL for not paying to use the Aboriginal flag because it should be free for everyone,” he said.

The annual Sir Doug Nicholls Round recognises and celebrates Indigenous AFL players and culture with round 13 of the 2020 season set to kick off tomorrow, August 21.

With this year’s Dreamtime clash between Richmond and Essendon to take place at TIO Stadium in Darwin, Betts and Long, two-time premiership Bombers urged fans to make the flag presented at the game.


Photo: Aboriginal Flag by Public Domain Photography on Pexels available HERE and used under a Creative Commons Attribution. The image has not been modified.

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