The Indian Arts and Crafts Act is a truth-in-marketing law. Those who produce and market art and craft work should honestly represent and clarify the degree of Indian involvement in the production of the art and craft work when it is sold, displayed or offered for sale. The following guidelines illustrate the way in which art and craft work may be characterized for marketing purposes and gives examples of products that may be marketed as Indian products.
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| then . . .
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| (a) An Indian conceives, designs, and makes the art or craft work | it is an “Indian product.”
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| (b) An Indian produces a product that is “handcrafted,” as explained in 309.3(d)(iii) | it can be marketed as such and it meets the definition of “Indian product.”
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| (c) An Indian makes an art or craft work using some machine made parts | it is “Indian made” and meets the definition of “Indian product.”
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| (d) An Indian designs a product, such as a bracelet, which is then produced by non-Indians | it does not meet the definition of “Indian product” under the Act.
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| (e) A product, such as jewelry, is made with non-artistic Indian labor, from assembled or “fit together parts” | it does not meet the definition of “Indian product” under the Act.
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| (f) A product in the style of an Indian product is assembled by non-Indian labor from a kit | it does not meet the definition of “Indian product” under the Act.
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| (g) A product is in the style of an Indian art or craft product, but not made by an Indian | it does not meet the definition of “Indian product” under the Act.
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| (h) An Indian and a non-Indian jointly undertake the art or craft work to produce an art or craft product, for example a concho belt | less than all of the labor is Indian and hence it does not meet the definition of “Indian product” under the Act.
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