The flag that has become a symbol of Aboriginal Australia is now freely available for public use, after its designer agreed to transfer copyright to the Commonwealth following lengthy negotiations.
The Aboriginal flag flies on the skyline of Adelaide. Photo: 123RF
Luritja artist Harold Thomas created the flag in 1970 to represent Aboriginal people and their connection to the land, and it has been an official national flag since the end of the last century - but its copyright remained with Thomas.
Anyone who wanted to use the flag legally had to ask permission or pay a fee.
Indigenous Affairs Minister Ken Wyatt said following negotiations with Thomas, the flag now belonged to all Australians.
"Over the last 50 years we made Harold Thomas' artwork our own - we marched under the Aboriginal flag, stood behind it, and flew it high as a point of pride," Wyatt said in a statement.
"Now that the Commonwealth holds the copyright, it belongs to everyone, and no-one can take it away."
Thomas said he hoped Australians would use the flag with respect and pride.
"I hope that this arrangement provides comfort to all Aboriginal people and Australians to use the flag, unaltered, proudly and without restriction," he said.
"I am grateful that my art is appreciated by so many, and that it has come to represent something so powerful to so many."
Copyright issues with the flag had repeatedly drawn conflict, such as when Thomas handed the rights to use the flag on clothing to a non-Indigenous company, which later threatened legal action against the NRL and AFL for using the flag on player uniforms.
That led to Wyatt encouraging football fans to drape themselves in the Aboriginal flag in protest.
The government paid $A20.05 million ($21.4m) to Thomas and licence holders to extinguish the licences and secure copyright.
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 (the National Aborigines and Islanders Day Observance Committee).
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.
The government has also agreed to establish an annual scholarship in Thomas's honour worth $100,000 for Indigenous students to develop skills in leadership, and to create an online history and education portal for the flag.
Finally, an original painting by Thomas recognising the flag's 50th anniversary and the transfer of copyright will be "gratefully accepted and displayed in a prominent location".
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," Morrison said.
"We've freed the Aboriginal flag for Australians."
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."
- ABC
