JUNEAU, AK (August 31, 2023) – The United States Department of Justice issued a press release yesterday following the sentencing of a Washington state man for violating the Indian Arts and Crafts Act of 1990 (P.L. 101-644).
For more than five years, Cristobal “Cris” Magno Rodrigo sourced and imported products from the Philippines and then sold them to unwitting customers as Alaska Native made art in Ketchikan, Alaska. It is estimated that Rodrigo and his family sold more than $1 million worth of counterfeit carvings and totem poles.
The Indian Arts and Crafts Act is a truth-in-marketing law that prohibits misrepresentation in the marketing of Native art and craftwork within the United States. Under the act, it is unlawful to offer or display for sale, or sell, any product in a manner that falsely suggests it is Native produced, a Native product, or the product of a Alaska Native or American Indian tribe or tribal arts and crafts organization.
Tlingit & Haida President Richard Chalyee Éesh Peterson was called as the first witness to provide comment at the sentencing hearing and spoke about our art being more than objects to admire and obtain for personal use.
“Our art tells our history and our lineage. We did not have written history. We shared our knowledge orally and through our art. Artists and their knowledge are sacred and vital to preserving and continuing our way of life and history,” said President Peterson.
President Peterson also expressed that misappropriation of Indigenous cultures degrades the value of our artisans’ skills.
“It’s much more than just potential loss of livelihood for our artisans or lowering market prices and standards. Protecting our rights as Indigenous people to continue to produce traditional art in the way of our ancestors is a way to share knowledge about ourselves with others,” President Peterson shared. “To allow misappropriation of our culture and misrepresentation of our goods and products dilutes our identity as Indigenous people and prevents future generations from knowing and connecting with who they are.”
Tribal citizen master carver Wayne Price and tribal citizen artist James Johnson were also present at the hearing.
Johnson shared how his work as an artist is grounded in his lineage and that he seeks to restore and perpetuate Tlingit art in honor of his ancestors, the Dakl’aweidi of the Xutsnoowú Kwáan.
Price expressed the work of artists is integral to our culture and he is committed to preserving the Tlingit art forms of his ancestors.
The two-year federal prison sentence handed down to Rodrigo is the longest sentence a defendant has received for violating the Indian Arts and Crafts Act. He will also be required to make a $60,000 donation to Tlingit & Haida.
This case serves as an important reminder that we all need to protect the integrity of our cultural arts and crafts. If you don’t see an artist’s name or tribe on the products, packaging or website, it more than likely was not designed by a Native artist. You should also stay clear of products labeled as “Native-inspired,” which is a deceptive term that grew in popularity after the passage of the Indian Arts and Crafts Act.
The Certified Tribal Artist program is one way Tlingit & Haida can help tribal citizen artists promote their work in the marketplace and identify it authentic Alaska Native art to consumers. The program is available to tribal citizens who reside in and outside of Alaska. Tribal citizen artists who are registered under the program are issued a certificate, permit card, as well as gift tags or stickers to market their artwork. To learn more, click here.
