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Protecting our cultural heritage extends not only to the items we make and use for our
own use but also to those we offer for sale, exchange, or other presentation. As
appreciation of Indian art has grown over the years, a large scale economy has developed
along side, spawning mass-produced knockoffs and unauthentic reproductions of Indian
goods.
The
Indian Arts and Crafts Act, P.L. 101-644 (1990), protects Indian artisans by
requiring that all goods marketed as "Indian" be produced by members of an Indian
tribe or by certified artisans of an Indian tribe.
For purposes of the law, the definition of "Indian tribe"
includes federally recognized tribes, Alaskan Native entities, and state recognized
tribes.
Authenticity also protects consumers and appreciators of Indian art. The history of
the IACA, in fact began earlier this century when Indian art consumers took it upon
themselves to educate the buying community about authentic Indian goods as well
as truth in advertising. The Indian Arts and Craft Board was established in 1935
through 25 U.S.C. 305 et seq. and 18 U.S.C. 1158-59. However, until the enactment
of the IACA, enforcement of penalties and fines was difficult.
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