The Aboriginal flag copyright has been transferred to the Commonwealth after negotiations with creator Harold Thomas.
The Federal Government acquired the copyright for more than $20 million, making the flag freely available for public use.
Created by Luritja activist and artist Harold Thomas, the Aboriginal flag was first flown in July of 1971 at a land rights rally. For decades, the flag and its colours have become a symbol for First Nations people, marking unity and pride.
Shepparton-based artist, activist and proud Gunditjmara, Yorta Yorta and Wemba Wemba man Tom Day said the freeing of the flag was monumental.
“It will go down in history as a pivotal moment of collective strength, that people will fight for what is theirs,” he said.
“A lot of our identity is contained within that flag and within that design, the uniting symbol was born from protest but also holds connotations of self-determination, it’s entwined within it.
“That uniting symbol is one we can gravitate towards collectively and celebrate, there’s a teaching moment in all these things. This is just another prime example of a generation stepping forward to be that voice, standing in solidarity with each other.”
Prior to the transfer announced on Tuesday, January 25, Mr Thomas held copyright over the flag, meaning those who wanted to use it had to seek legal permission or pay a fee.
While Mr Thomas has transferred copyright, he still retains moral rights over the flag.
Under the agreement, Carroll and Richardson Flagworld will remain the exclusive licensed manufacturer and provider of Aboriginal flags and bunting.
All future commercial royalties from the licence will go to the Commonwealth and be put towards the ongoing work of NAIDOC.
The government will also provide an annual scholarship in Mr Thomas’s honour worth $100,000 for Indigenous students to further the development of First Nations governance and leadership.
The National Indigenous Australians Agency will create an online history and education portal for the flag and an original painting by Mr Thomas recognising the flag’s 50th anniversary and transfer of copyright will be accepted by the government and displayed in a prominent location.
Mr Thomas said he hoped the arrangement would provide comfort to all Aboriginal people and Australians to use the flag, unaltered, proudly and without restriction.
“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.”
Yorta Yorta artist Chloe Jones, who runs Dungala Creations, said the idea of being free with no constraints to explore traditional art was important to her as an artist.
“Being able to share that is so important to me, I consider it a huge privilege,” she said.
“I feel for Harold Thomas and the fact that for so long his design, his idea, was to share that with his people, his community, and he wasn't able to.
“We haven't been able to do that for 50 years and it's just a shame that it's taken that long to get to this point.“
Minister for Indigenous Australians Ken Wyatt said the Aboriginal flag was an enduring symbol close to the heart of First Nations people.
“Over the last 50 years we made Harold Thomas’s artwork our own — we marched under the Aboriginal flag, stood behind it, and flew it high as a point of pride,” he said.
“In reaching this agreement to resolve the copyright issues, all Australians can freely display and use the flag to celebrate Indigenous culture. Now that the Commonwealth holds the copyright, it belongs to everyone, and no-one can take it away.”
Ms Jones said while a good starting point, the transfer was bittersweet in many ways, including the date of announcement.
She holds hope the act will spur further action to acknowledge First Nations people and educate others further.
“I think about my parents and grandparents and what they went through, I’m slowly learning about the Stolen Generations and our history, but it’s not enough,” she said.
“By the time I have children, I hope they do learn more about all of this, I don't want them to feel the pain that we've felt but instead to have a greater understanding and to really know the impact because until then no-one's really going to understand it and try and help us make a change.”