Monday, August 15, 2005

Examples...

1. A non-artistic Indian labor made product made from assembled or *fit together parts*.

  • a necklace strong 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. An Indian and a non-Indian jointly produce a product.

  • 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. Jointly produced products do not meet the definition of *Indian product* under the Act.

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