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Australia Pays $20 Million To Buy The Copyright Of Aboriginal Flag, But It's Still Not Public Domain

2 years 11 months ago

Over a decade ago, we wrote about how Google had to edit out the Australian Aboriginal flag from a logo because of copyright concerns. An 11-year-old girl had won a contest to design a Google logo for Australia Day, and her logo included a simple drawing of the popular Aboriginal flag. Harold Thomas created a (fairly simple) flag design "as a symbol of unity and national identity" for the Aboriginal people in Australia. The flag became quite popular... and then Thomas basically became a copyright landlord, demanding payment for pretty much any usage.

In 2019, Thomas did a big licensing deal with a clothing company and proceeded to send out a bunch of cease-and-desist letters to others. It got so bad that the Australian Senate sought to have the government figure out a way to make sure the public could use the flag.

Apparently it took over two years, but the "deal" has been worked out -- and it involves the Australian government paying over $20 million to basically buy out the copyright and the former licensing deals, but that still doesn't mean the flag is truly in the public domain:

Mr Thomas will retain moral rights over the flag, but has agreed to give up copyright in return for all future royalties the Commonwealth receives from commercial flag sales to be put towards the ongoing work of NAIDOC.

A commercial company will keep its exclusive licence to be able to manufacture Aboriginal flags for commercial use, but the government said the company would not stop people from making their own flags for personal use.

So, given that he retains the moral rights, that suggests he will still have the power to stop anyone from using the flag in a way that he, personally, disapproves of. And the fact that there's still a license for commercial use, means that the government is still effectively enforcing the copyright.

So, in the end this was $20 million of taxpayer money... to basically pledge not to go after people for personal use.

Prime Minister Scott Morrison said the flag would be managed in a similar manner to the Australian national flag, where its use is free, but must be presented in a "respectful and dignified way".

"All Australians can now put the Aboriginal Flag on apparel such as sports jerseys and shirts, it can be painted on sports grounds, included on websites, in paintings and other artworks, used digitally and in any other medium without having to ask for permission or pay a fee," Mr Morrison said.

"We’ve freed the Aboriginal Flag for Australians."

With a whole bunch of caveats. If it's used in a manner that someone disapproves of, you better believe that it won't be seen as "free" for use. Hell, even the Google example from a decade ago probably wouldn't work, because I would bet the Australian government would argue that was a "commercial" use.

Mr Thomas said the flag's design was his dreaming story.

"The Flag represents the timeless history of our land and our people’s time on it. It is an introspection and appreciation of who we are," he said.

"It draws from the history of our ancestors, our land, and our identity and will honour these well into the future."

Seems just slightly ironic for a landlord who claimed ownership of a concept and then locked people out would call that a representative sample of "the timeless history of our land."

Mike Masnick

Daily Deal: TREBLAB Z2 Bluetooth 5.0 Noise-Cancelling Headphones

2 years 11 months ago

The Z2 headphones earned their name because they feature twice the sound, twice the battery life, and twice the convenience of competing headphones. This updated version of the original Z2s comes with a new all-black design and Bluetooth 5.0. Packed with TREBLAB's most advanced Sound2.0 technology with aptX and T-Quiet active noise-cancellation, these headphones deliver goose bump-inducing audio while drowning out unwanted background noise. These headphones are on sale for $79.

Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

Daily Deal

Kevin & Erin's Love Story

2 years 11 months ago
Our Love Story: The Couple: Kevin and Erin from Cottage Hills Date Met/Started Dating: January 4, 2004 Briefly Describe First Date: We were so nervous that we brought our best friend with us. Date Married: October 4, 2019 Name Something You Enjoy Doing Together: We are big fans of stand-up comedy. Share Advice For A Happy Relationship: Communication is literally everything. You have to choose the person every day.

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Man injured in shooting outside St. Louis bar in October dies in February

2 years 11 months ago
ST. LOUIS (AP) — A man died Thursday from injuries he sustained when he was shot in October 2021. St. Louis Police said an off-duty Northwoods Police Officer shot and critically injured a man who fired into a crowd outside a bar on October 28 at 11:10 p.m. Police said the shooting happened outside The [...]
Monica Ryan

UPDATED: St. Louis County Expands At Home COVID-19 Test Pickup Sites

2 years 11 months ago
COVID-19 testing has expanded once more in the St. Louis area. Starting today, the St. Louis County Library has added another location where residents can pick up a testing kit, and the county has also made PCR saliva tests available for pick-up at a drive-through testing site.…
Jenna Jones

AT&T offering free internet service to eligible families

2 years 11 months ago
ST. LOUIS - AT&T is now offering a free internet option to eligible families. The free option is possible through Access from At&T in conjunction with federal benefits from the Affordable Connectivity Program. "All households that qualify for ACP will also qualify for our Access from AT&T program, including the newest speed tier. Eligible households [...]
Monica Ryan

Masks Optional at Jersey 100 Schools - For Now

2 years 11 months ago
JERSEY - Jersey Community Unit School District 100 announced over the weekend a change to their masking guidance following a ruling from a judge in Sangamon County. However, the ruling’s temporary nature means those rules will either be extended or reversed in about 10 days. The ruling, which affects 145 schools in Illinois, places a “temporary restraining order” on Governor J.B. Pritzker’s executive orders on mandatory masking, vaccination and testing guidance. This means the decision on whether or not to make masks mandatory now falls to each individual school district. Jersey CUSD 100 announced their masking rules will change from required to optional. “In compliance with the court’s order, beginning tomorrow, the use of universal masking is highly recommended for all staff and students but is not required within the building,” the school district wrote in a statement. This ruling is the result of a lawsuit filed by many school

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