The Indian Arts and Crafts Act is a truth-in-marketing law. Those who produce and market art and craft work should honestly represent and clarify the degree of Indian involvement in the production of the art and craft work when it is sold, displayed or offered for sale. The following guidelines illustrate the way in which art and craft work may be characterized for marketing purposes and gives examples of products that may be marketed as Indian products. ------------------------------------------------------------------------
(a) An Indian conceives, designs, and it is an ``Indian product.''
makes the art or craft work.(b) An Indian produces a product that is it can be marketed as such
``handcrafted,'' as explained in and it meets the definition
309.3(d)(iii). of ``Indian product.''(c) An Indian makes an art or craft work it is ``Indian made'' and
using some machine made parts. meets the definition of
``Indian product.''(d) An Indian designs a product, such as a it does not meet the
bracelet, which is then produced by non- definition of ``Indian
Indians. product'' under the Act.(e) A product, such as jewelry, is made it does not meet the
with non-artistic Indian labor, from definition of ``Indian
assembled or ``fit together parts''. product'' under the Act.
\1\(f) A product in the style of an Indian it does not meet the
product is assembled by non-Indian labor definition of ``Indian
from a kit. product'' under the Act.(g) A product is in the style of an Indian it does not meet the
art or craft product, but not made by an definition of ``Indian
Indian. product'' under the Act.(h) An Indian and a non-Indian jointly less than all of the labor
undertake the art or craft work to is Indian and hence it does
produce an art or craft product, for not meet the definition of
example a concho belt. ``Indian product'' under
the Act. \2\------------------------------------------------------------------------\1\ For example, a necklace strung with overseas manufactured fetishes
or heshi. If an Indian assembled the necklace, in keeping with the
truth-in-marketing focus of the Act, it can be marketed as ``Indian
assembled.'' It does not meet the definition of ``Indian product''
under the Act. Similarly, if a product, such as a dream catcher is
assembled by an Indian from a kit, it can be marketed as ``Indian
assembled.'' It does not meet the definition of ``Indian product''
under the Act.\2\ In order to be an ``Indian product,'' the labor component of the
product must be entirely Indian. In keeping with this truth-in-
marketing law, a collaborative work should be marketed as such.
Therefore, it should be marketed as produced by ``X'' (name of artist
or artisan), ``Y'' (Tribe of individual's enrollment) or (name of
Tribe providing official written certification the individual is a non-
member Indian artisan and date upon which such certification was
issued by the Tribe), and ``Z'' (name of artist or artisan with no
Tribe listed) to avoid providing false suggestions to consumers. [68 FR 35170, June 12, 2003]