When Albert Namatjira's family regained the rights to the world-renowned watercolourist's artwork in 2017, it was a momentous day for his descendants.
Aboriginal and Torres Strait Islander readers are advised that this article contains an image of a person who has died.
But the historic return of copyright for Namatjira's work after a struggle spanning several decades came with a caveat — it would expire 12 years later.
A submission to the Productivity Commission has reignited a push to reform the Copyright Act so that rights to the Indigenous artist's work would remain with the family forever.
In its submission, law firm Arnold Bloch Leibler says the 70-year limitation on copyright protection after an artist's death "unfairly impacts Aboriginal and Torres Strait Islander artists".
Born and raised at the remote Hermannsburg Lutheran Mission, south-west of Alice Springs, Namatjira was taught the art of watercolour by visiting European artist Rex Battarbee and encouraged by the local pastor.
He created thousands of iconic artworks in his lifetime depicting the Central Australian landscape, which in recent years have enjoyed a surge in demand.
Namatjira's copyright sold in 1983
The Public Trustee for the Northern Territory government sold Namatjira's copyright to Legend Press in 1983, ending the income stream to the painter's family — a decision the then-trustee later acknowledged was wrong.
Arnold Bloch Leibler lawyers assisted the Namatjira family in the 2017 settlement, and have now urged the federal government to extend the copyright amid its inquiry into Indigenous visual arts and crafts.
"Because of the wrongful sale of the copyright … the Namatjira family was denied ownership or control of the copyright for a period of over 30 years — that is, nearly half of the statutory duration of the copyright," their submission stated.
"This occurred despite the express wish contained in Albert Namatjira's will for his assets to be passed to his wife and children.
"In the longer term, this reform should extend to the works of other Aboriginal and Torres Strait Islander artists who are identified as having similarly suffered unfair outcomes as a result of the limitation on the period of copyright protection."
Time is running out
The Namatjira Legacy Trust (NLT) was set up to preserve the artistic legacy of the pioneer painter, and to benefit the Hermannsburg community in the Northern Territory — where Albert Namatjira was a traditional custodian.
NLT chair Sophia Marinos said time was running out for the family to be able to harness the full value of the copyright asset.
"There's hardly any time left for the family and future generations to be able to gain the benefits for their community," she said.
"I think there's a huge opportunity now for this new government, in the context of the Uluru Statement from the Heart and the [plans for a First Nations] Voice to Parliament.
"It feels like the right time to send a strong message around reconciliation and working with Aboriginal people, and artists particularly, on the proper and respectful treatment of cultural property."
A 'special' inspiration
Selma Coulthard grew up in Tempe Downs and Hermannsburg, where she developed a love of art after seeing the work of Namatjira and his brothers.
She is today an accomplished artist in her own right at the Iltja Ntjarra Art Centre in Alice Springs and reflects fondly on the pioneer painter's craft.
"His artwork was special to the whole Aboriginal tribe because he was painting what he saw and what he sang about," Ms Coulthard said.
"His way of living was looking at the stories that were told to him by his forefathers, and he was doing his [work] to show his sons and grandchildren the same stories through his painting."
The Productivity Commission's final report on Aboriginal and Torres Strait Islander Visual Arts and Crafts is due to be completed in November 2022 and released publicly shortly afterwards.
