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Ask HN: Finding the Australian Aboriginal flag in all artworks

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Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#12
post #10

I would assume you could not copyright a national flag. If so, well heck I can think of a bunch of flags I need to get copyrighted.

well, you first have to create a drawing yourself and somehow get a nation state to adopt it as a national flag. Order of events matters.

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#13

The concept of licensing a national flag is interesting, other than to maybe prevent unwanted use in certain ways, is this not something owned by all Australian people? If I draw one on a piece of paper and hang it from my balcony, where do I stand under this licensing? And if I sell that on Etsy, or maybe a landscape that has an element in the background where this flag can be seen? (I am an Australian, but not indi…

Here is a decent summary of the ongoing copyright debate -> https://theconversation.com/explainer-our-copyright-laws-and...

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#14
post #10

I would assume you could not copyright a national flag. If so, well heck I can think of a bunch of flags I need to get copyrighted.

How many flags did you design that later got adopted by countries or people groups?

There’s no question he designed it (although that artwork that contains a very similar design is very interesting). But the Government should have probably compulsorarily acquired it by now if he isn’t willing to give it up... I guess they’re waiting for him to die so it won’t be as easy for them to be dragged to the high court over the “on just terms” clause in the Constitution.

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#15
post #12
post #10

I would assume you could not copyright a national flag. If so, well heck I can think of a bunch of flags I need to get copyrighted.

well, you first have to create a drawing yourself and somehow get a nation state to adopt it as a national flag. Order of events matters.

Like the 'happy birthday' song, if it is not already copyrighted .... and who would copyright their national flag.

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#16
post #10

I would assume you could not copyright a national flag. If so, well heck I can think of a bunch of flags I need to get copyrighted.

How many flags did you design that later got adopted by countries or people groups? There’s no question he designed it (although that artwork that contains a very similar design is very interesting). But the Government should have probably compulsorarily acquired it by now if he isn’t willing to give it up... I guess they’re waiting for him to die so it won’t be as easy for them to be dragged to the high court over t…

It won't be in the public domain until 70 years after his death. (Though it might be easier to override his heir's claim after he is deceased)

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#17
post #10

I would assume you could not copyright a national flag. If so, well heck I can think of a bunch of flags I need to get copyrighted.

You can't copyright a national flag, but this is not really a national flag - it represents the First Nation people of Australia and Torres Strait - but they do not have sovereignty.

Much as they deserve it.

Therefore this whole despicable episode comes off as a cynical, racist attempt to deny the original land owners their rightful identity.

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#18
post #10

I would assume you could not copyright a national flag. If so, well heck I can think of a bunch of flags I need to get copyrighted.

How many flags did you design that later got adopted by countries or people groups? There’s no question he designed it (although that artwork that contains a very similar design is very interesting). But the Government should have probably compulsorarily acquired it by now if he isn’t willing to give it up... I guess they’re waiting for him to die so it won’t be as easy for them to be dragged to the high court over t…

The Australian government won't get involved because to do so would give more credence to the First Nation people of Australia establishing sovereignty ..

Re: Ask HN: Finding the Australian Aboriginal flag in all artworks

#19

> For a bit of fun and to build a case, I thought it would be a cool experiment to try find the Aboriginal flag in as many pre-existing artworks as possible. Wouldn't this be the exact thing that the copyright holder would want too, only not "for fun" but for litigation? I'd be interested if it ever existed before the original artist made it but have my sincere doubts is even a remote possibility, historians seem to…

pre-existing is the keyword there, I believe. You can't claim copyright on something you copied, you have to be the original creator.

> You can't claim copyright on something you copied, you have to be the original creator.

Depending on jurisdiction and when copyright was claimed (laws change) that is not necessarily true. In USA use to be first to file was awarded the copyright. Also in USA, for instance, copyright is granted for collections, organizations, arrangements or compositions of pre-existing things. Such a photographer can claim copyright on photo of a bridge. Or editor for a collection of public domain poems.

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