Free the Flag: Aboriginal Flag Petition

Fantastic news! The Free the Flag: Aboriginal Flag Petition has been a success.

In January 2022, Australian Government came to an agreement with Australian Aboriginal Flag designer, Harold Thomas for all Australians to freely use the flag.

The Aboriginal flag will be transferred to public hands for the first time, freeing its use for Indigenous community groups and sporting codes after the Australian government reached a historic deal with its creator to permanently acquire copyright more than 50 years after it was first flown.

The $20 million taxpayer-funded settlement will end a long-running legal controversy surrounding its use by allowing the ensign to be painted on sports grounds, used on apparel such as sports jerseys and shirts, on websites, in paintings and other artworks, digitally and in any other medium without having to ask for permission or pay a fee.

The multi-million dollar settlement includes a payment to Mr Thomas for the copyright and extinguishes the existing licences. As part of the transfer, Mr Thomas will retain his moral rights over the flag and the Commonwealth has also agreed that all future royalties will be put towards the ongoing work of the National Aborigines and Islanders Day Observance Committee (NAIDOC).

The government will also provide an annual scholarship in Mr Thomas' honour worth $100,000 for Aboriginal and Torres Strait Islanders students to further the development of Indigenous governance and leadership.

The National Indigenous Australians Agency will also create an online history and education portal for the flag. An original painting by Mr Thomas recognising the flag's 50th anniversary and the historic transfer of copyright will be donated to the Australian public and displayed in a prominent location.

Free the Flag: Aboriginal Flag Petition

The Free the Flag: Aboriginal Flag Petition was behind the Australian Government agreement to free the flag for all Australians.

Support Clothing The Gap petition to #FreeTheFlag and see the Aboriginal Flag celebrated shared and worn for #PrideNotProfit.

Clothing the Gap is an Aboriginal owned and led social enterprise and fashion label that is based in Preston.

Did you know that the Aboriginal Flag is copyrighted?

Well it is and Clothing The Gap have been served a 'Cease and Desist' notice from WAM Clothing for celebrating the Aboriginal Flag on our 'Clothing the Gap' products we were given 3 working days to sell all our flag stock. Otherwise we faced legal action.

Currently WAM Clothing hold an exclusive world-wide licensing agreement with the Flag's copyright owner Harold Thomas to reproduce the Flag on clothing. This is not a question of who owns copyright of the Flag. This is a question of control. Should WAM Clothing a non-indigenous business hold the monopoly in a market to profit off Aboriginal peoples' Identity and love for 'their' flag?

We believe that this control of the market by a non-indigenous business has to stop. Viable channels for new licensing agreements especially those for Aboriginal organisations and businesses must be created.

Unite with us to #FreeTheFlag and see the Aboriginal Flag celebrated shared and worn for #PrideNotProfit as we lobby government and relevant bodies for action

Read the journey..

6 things you can do to help Free the Flag

1. Sign the #PrideNotProfit Petition

See sign and share the petition

2. Write to your local Member of Parliament

Download the ministerial letter template

3. Rep some Free the Flag merch

Wear your values on your tee

4. Raise awareness and have these conversations

Raise awareness

5. Donate to the GoFund Me

Donate Here

If you would like to publicly fundraise on our behalf please reach out first.

6. Use the Free the Flag logo

Show your support

What about the petition?

A change.org petition started by Spark Health whose brand Clothing the Gap raises money for Aboriginal health states: "This is not a question of who owns copyright of the Flag. This is a question of control."

However the two cannot be separated: it is the owner of the copyright who has control over how a work may be used.