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<p>[QUOTE=&quot;George Chaney, post: 4272996, member: 19137&quot;]I understand Reader. There is a reason I did not use Native American in my post. Anyone born in America is a Native American. It is not cultural appropriation except by American Indians who believe they are, and only they can be, Native Americans. </p><p><br /></p><p>The U.S. .Gov folks have not come to a place yet where they are willing to recognized the claims of the American Indian tribes as being the only ones with the right to be &quot;Native American&quot;. If they did, we could be required to return all lands, rights, wealth etc and all other people in this country, well, might no longer be American, rather we could all just be illegal immigrants. Now that would be a bummer. </p><p><br /></p><p>You will note nowhere in any of the definitions of the statute is the term Native American used. Frankly, as someone born in the states, I whole heartedly believe I could create my own jewelry line and call it, by birthright, Native American made. </p><p><br /></p><p>Even the American Indian tribes did not originate in America, rather, <a href="https://www.ucl.ac.uk/news/2012/jul/native-american-populations-descend-three-key-migrations" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://www.ucl.ac.uk/news/2012/jul/native-american-populations-descend-three-key-migrations" rel="nofollow">they migrated here</a>, so they are really not Native Americans, they just happen to migrate here first.</p><p><br /></p><p>Given this....I contend the use of Native American is perfectly acceptable. The use of American Indian or inappropriately associating a tribal affiliation of an unrecognized artisan, would not be considered acceptable. The confusion is self inflicted by the tribes because, for some reason, American Indians still insist they are the only Native Americans in this country. </p><p><br /></p><p>It creates quite a gray area unfortunately because - the U.S. cannot recognize the tribes as having exclusive claim to being the only Native American. They are however, American Indians, and by recognized Indian nation, whatever Tribal Affiliation they were born into.</p><p><br /></p><p>Here is what the <a href="https://www.doi.gov/iacb/act" target="_blank" class="externalLink ProxyLink" data-proxy-href="https://www.doi.gov/iacb/act" rel="nofollow">U.S. Dept of Interior states in regards to the statute</a>;</p><p>&quot;The Indian Arts and Crafts Act (Act) of 1990 (P.L. 101-644) is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian art and craft products within the United States.&nbsp; It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.&nbsp; For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both.&nbsp; If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.</p><p><br /></p><p>Under the Act, an Indian is defined as a member of any federally or officially State recognized tribe of the United States, or an individual certified as an Indian artisan by an Indian tribe.&quot;</p><p><br /></p><p>and for relevance to this topic:</p><p>&quot;For example, products sold using a sign claiming &quot;Indian Jewelry&quot; would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe.&nbsp; Products advertised as &quot;Navajo Jewelry&quot; would be in violation of the Act if they were produced by someone who is not a member, or certified Indian artisan, of the Navajo tribe.&quot;</p><p><br /></p><p>Given how much jewelry India imports into the U.S., I am not sure how they feel about being excluded from Indian Jewelry....lol </p><p><br /></p><p>Regardless, as stated, it is a gray area with the use of Native American, but one I am pretty certain traditionally would not really be enforceable in court and why the term is not used in the statutes. It is assumed to encompass, but IMHO, it goes back to the club problem and the amount of real American Indian products produced before the date. I think if you were clearly selling knock offs, you&#039;d get a cease and desist letter from .gov. If selling in good faith...not so much. </p><p><br /></p><p>Granted, .gov has been doing an awful lot of crazy stuff the last 20 years, so anything is possible so use Native American at your own risk. I choose to apply it to pieces I feel good about... <img src="styles/default/xenforo/smilies/wink.png" class="mceSmilie" alt=";)" unselectable="on" />[/QUOTE]</p><p><br /></p>

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