Australia Buys Copyright to Aboriginal Flag
The Australian government has purchased the copyright to the Aboriginal flag in an effort to end disagreements over its use.
The design of the flag — with a black stripe on top, a red stripe on the bottom and a yellow sun in its middle — represents Indigenous people's connection to the land. It has been recognized as one of Australia's official flags since 1995.
However, it has also been at the center of a copyright conflict in recent years, stopping communities and businesses from using the design.
Indigenous artist Harold Thomas designed the flag in 1970, and it was first used as part of a protest for Indigenous rights in 1971. Thomas has owned the copyright since winning a legal battle over the issue in 1997.
Thomas then licensed the flag to several companies, most recently to a non-Indigenous-owned company named WAM Clothing, which was given exclusive rights to use it on clothing and other goods. When, unlike previous rights owners, WAM began sending legal notices to businesses — including an Indigenous nonprofit organization — telling them to stop using the flag, a campaign began to "free the flag."
Sports organizations including the Australian Football League and Australian rugby refused to continue to pay to use the flag, and activists put pressure on the Australian government to buy the flag's copyright.
In January 2022, the Australian government did just that, paying about $15 million for the copyright and making the flag free to use. Thomas still has moral rights to the design, meaning he will continue to be named as the creator of the work, and it cannot be used in a negative way.
Australian Prime Minister Scott Morrison explained that the deal allows the flag to be put on clothing or painted on sports grounds, included in paintings and used online without having to ask for permission or pay a fee.
Following the purchase of the flag's copyright, Thomas said, "I hope this arrangement provides comfort to all Aboriginal people and Australians to use the flag."
