When Is A Forgery Not A Forgery

When Is A Forgery Not A Forgery Journal Article

Journal of Indigenous Policy

  • Author(s): Johnson, Tania
  • Published: 2006
  • Volume: 6

Abstract: The examines the case of the DPP v O’Loughlin in which the question of whether paintings attributed to the high profile and celebrated Indigenous artist, Clifford Possum Tjapaltjarri, were passed off as being original work. The paper is structured as five sections: Section One outlines the rise of the Aboriginal art market, in particular Western Desert ‘dot’ paintings, and the conflict inherent in Indigenous and non-Indigenous notions of authorship. Section Two summarises O’Loughlin, identifying the key issues and proceedings, with brief consideration of the outcome. This leads to Section Three, which develops the observations of the preceding chapter, analysing the question ‘when is a forgery not a forgery?’ through a discussion of the difficulties and reasoning in the prosecution of O’Loughlin. This discussion concludes that law reform is necessary to address the anomaly in the law of fraud that is highlighted by O’Loughlin. Section Four considers the cross-cultural issues evident in O’Loughlin, illustrating the need for specific reform to acknowledge the complexities of Indigenous communication, and for the development of guidelines that require awareness by the judiciary and practitioners of the socio-cultural context of communication between Indigenous people. In Section Five, suggestions are made as to what reform is necessary and the issues that need to be considered in enacting such change

Cite this document

Suggested Citation
Johnson, Tania, 2006, When Is A Forgery Not A Forgery, Volume:6, Journal Article, viewed 16 June 2024, https://www.nintione.com.au/?p=5047.

Endnote Mendeley Zotero Export Google Scholar

Share this page

Search again