Art law and policy in Australia and the appropriation of Aboriginal and Torres Strait Islander art styles

In 2018, British artist Damien Hirst was accused of cultural appropriation of Aboriginal art from Alice Springs, Australia, for his series of 24 abstract expressionist paintings known as ‘The Veil Paintings’. This article uses the contestation surrounding The Veil Paintings to animate a discussion of the legal status of ‘style appropriation’ — that is, the appropriation of Aboriginal and Torres Strait Islander art styles, designs and motifs — under customary law, copyright law, cultural heritage laws and consumer law, as well as recent art policy and law reform initiatives. While there is momentum in favour of greater regulation of intercultural engagements with Aboriginal and Torres Strait Islander art, particularly following recognition of the cultural and economic harms of fake art and the push for intangible heritage protection, legal protections against style appropriation remain limited in scope under the Australian legal system.