QUOTE(Russ Wolf @ Feb 22 2009, 09:06 AM)

This is related to what has previously been said, but is of a slightly different nature. Let me know if any of you think it should have its' own heading.
I recently put myself in the position of assuring others that I wasn't aware of any flute makers selling their flutes as Native American made when they weren't legally entitled to do so. So this morning I thought I would check the ebay listings. Almost immediately I found two that concerned me. In the first one, (a prominent and prolific seller of others flutes) the title makes it appear that it may be made by a Native American. The description makes it clear that it is not, but if the title were more clear there would be no problem at all. The second one disturbed me. I believe it is a clear and direct violation of the Indian Arts and Crafts act of 1990. This person lists a tribal affiliation that isn't federally recognized as his claim to Native American status. I know it isn't incumbent upon buyers to police sellers and I know that tribal affiliation probably isn't an important factor in your decision to buy flutes. But, I would like to ask you to refrain from buying from people who intentionally mislead others. How would you know? In nearly all cases, a legally entitled person will have a BIA number. Ask for it. There are those who believe they have a moral claim to Native American status, yet aren't legally entitled. A clear statement could always be made to that effect. That's fine, I hope those people can gain the recognition they seem to desire, but it doesn't make it OK to lie and mislead others, besides which, it reflects poorly on the rest of the non-native makers (who are trying to do right and follow the law). Please help me to keep things fair and honest. Russ Wolf
found this on myspace today. i'm posting this in the spirit of understanding and perhaps to shed some light on different points of view. in my opinion it's a fundamentalist outlook butthat doesn't make it wrong. this deals with the ebay situation and this thread in particular.
See the blog and comments here:
http://lakota. ning. com/profiles/blogs/time-to-put-the-native-back
Hau Mitakiepi,
Who owns the right to our ways? How does one measure what Native
means? The 1978 American Indian Religious Freedom Act decriminalized
the practice of our Lifeways.
During this same era of re-awakening
among our People, a man name Richard Payne was amassing a large,
private collection of Native Flutes.
As with any of our artifacts
removed from the People, the transactions involved in collecting
nearly 1000 flutes must be considered as quite dubious.
He became the
vaunted saint of Native Flute collectors.
Others came and wrote books
and made songs of praise of how Mr. Payne "saved the Native Flute".
Soon, many non-Indigenous became intrigued.
A man named Russ Wolf then
wrote a how-to book on the construction of the Native Flute.
Now,
venues such as "Musical Echoes" in Fort Walton Beach, Florida, tout
themselves as a "Native American Flute And Cultural Festival", yet
these venues are filled with non-Native flute vendors and players.
The
number of enrolled Natives participating is negligible compared to the
widespread insinuation of "Natives Gathering".
The 1990 Indian Arts
and Crafts Act is meant to prevent these sorts of misappropriations
from occurring.
No art shows exist in the United States that call
themselves "Native" that feature non-Native artists.
They could not
exist because our People would notice.
The non-Native artists painting
Native themes call themselves instead "Western Artists" or the like
instead. Same with powwows, music and film.
Yet, because the Native
Flute is so powerful, and because non-Natives have their talons buried
deep in the gatekeeping of this way, non-Native gatherings are able to
flourish while masquerading as Natives.
The front page website (http://www. doi. gov/iacb/act. html) of the 1990
Indian Arts and Crafts Act states:
"The Indian Arts and Crafts Act of 1990 (P.L.
101-644) is a
truth-in-advertising law that prohibits misrepresentation in marketing
of Indian arts and crafts products within the United States.
It is
illegal to offer or display for sale, or sell any art or craft product
in a manner that falsely suggests it is Indian produced, an Indian
product, or the product of a particular Indian or Indian Tribe or
Indian arts and crafts organization, resident within the United
States.
For a first time violation of the Act, an individual can face
civil or criminal penalties up to a $250,000 fine or a 5-year prison
term, or both.
If a business violates the Act, it can face civil
penalties or can be prosecuted and fined up to $1,000,000.
Under the Act, an Indian is defined as a member of any federally or
State recognized Indian Tribe, or an individual certified as an Indian
artisan by an Indian Tribe.
The law covers all Indian and Indian-style traditional and
contemporary arts and crafts produced after 1935.
The Act broadly
applies to the marketing of arts and crafts by any person in the
United States.
Some traditional items frequently copied by non-Indians
include Indian-style jewelry, pottery, baskets, carved stone fetishes,
woven rugs, kachina dolls, and clothing.
All products must be marketed truthfully regarding the Indian heritage
and tribal affiliation of the producers, so as not to mislead the
consumer.
It is illegal to market an art or craft item using the name
of a tribe if a member, or certified Indian artisan, of that tribe did
not actually create the art or craft item.
For example, products sold using a sign claiming "Indian Jewelry"
would be a violation of the Indian Arts and Crafts Act if the jewelry
was produced by someone other than a member, or certified Indian
artisan, of an Indian tribe.
Products advertised as "Hopi Jewelry"
would be in violation of the Act if they were produced by someone who
is not a member, or certified Indian artisan, of the Hopi tribe.
If you purchase an art or craft product represented to you as
Indian-made, and you learn that it is not, first contact the dealer to
request a refund.
If the dealer does not respond to your request, you
can also contact your local Better Business Bureau, Chamber of
Commerce, and the local District Attorney's office, as you would with
any consumer fraud complaint.
Second, contact the Indian Arts and
Crafts Board with your written complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual fairs, juried
competitions, and other events, check the event requirements on the
authenticity of products being offered for sale.
Many events list the
requirements in newspaper advertisements, promotional flyers, and
printed programs.
If the event organizers make no statements on
compliance with the Act or on the authenticity of Indian arts and
crafts offered by participating vendors, you should obtain written
certification from the individual vendors that their Indian arts or
craftwork were produced by tribal members or by certified Indian
artisans.
"
Why then do so many false flute fests flourish? Simple.
There just are
not many Native Flute Makers left.
We have been utterly divested of
the Flute while private collections and museum collections grow.
That
cannot be allowed to continue.
Light must be shone upon the
misappropriaters.
What can be done? Surprisingly, the answer started
with eBay.
Through complaints probably to do with the highly
circulated (among Natives anyway) story of the Native scalp for sale
on eBay, eBay decided to not allow the term "Native American" in
regards to non-Native flute sellers.
After a few days of various
sellers attempting different word combinations, "American Flute" seems
to have become the standard.
Great! Lets adopt this for those large
non-native Flute gatherings which feature not even a handful of
enrolled Native performers/sellers.
Why? Because now, instead of
touting themselves as "the renaissance" of Native Flutes, it would be
obvious that there is a large gulf between what is currently
misnomered as a "Native American Flute Festival" and what a gathering
of Natives encompass.
Of course, the non-Native flute makers will
raise a hue and cry: "DON'T take the Native out of our name!" They
will say they are honoring us, just like the pro-mascot people say.
They are pretenders. They are playing Indian. Play time is over.
Although I fully believe the times of confrontation have passed, that
this is a time of gathering, I also fully believe that our Healing as
Native People begins with our Roots.
Our Roots begin with The Drum,
The Rattle and The Flute. We must take measures to protect our Roots.
Maybe Tribal Councils need to be spoken to, Tribal Statements and
Proclamations made. Precedents set.
Maybe Sundances and Sundancers
need to reclaim that Flute, which is a part of our masculinity.
Maybe
even online petitions, groups, entities of any sort, as there are no
entities whatsoever now.
The "International Native Flute Association"
may be the prime culprit in the misappropriation of the term Native
Flute, as there are very few Natives involved at all, except in
seemingly ceremonial roles.
I am all for non-Natives enjoying the flute.
I am all for them making
and selling the flute.
I would just like to see the connotation of
"Native" removed.
Hecetuwelo, Wanbli WiWohkpe he emacia pelo.
James Herbert Starkey
Enrolled Member, Cheyenne River Sioux Tribe