Deal: Corrs Chambers Westgarth has advised Aboriginal man and distinguished artist Harold Thomas, the owner of the copyright in the Australian Aboriginal flag, on the deal to assign copyright in the flag to the Commonwealth. Clayton Utz worked alongside the National Indigenous Australians Agency’s legal team in representing the Commonwealth.

Value: N/A.

Area: Intellectual property.  

Key players: The Corrs team acted pro bono, led by Kate Hay and Chrystal Dare and supported by experts across its intellectual property, tax, corporate and projects practices, including Arvind Dixit, Grant Fisher, Jonathan Farrer, Jared Heath, Rhys Jewell, Michael Carroll, Jonathan Lim, Grace Borg, Jaimie Chapman, Melissa Chuong and Stephanie Johnson.

The Clayton Utz team was led by intellectual property partner Cameron Gascoyne, with support from partners Jamie Doran and Simon Newcomb, as well as consultant Michael Klug AM.

Deal significance: The deal was announced by the Prime Minister on 25 January 2022 and coincided with the 50th anniversary of the flag’s creation and its raising at the Tent Embassy in Canberra.

The Aboriginal flag will be managed in a similar manner to the Australian national flag. Flagworld will continue to be the exclusive manufacturer of Aboriginal flags, and Mr Thomas will retain his moral rights in the flag’s design. The flag must also be presented in a respectful and dignified way.

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Mr Thomas and the Commonwealth have also agreed, as part of the transfer, that all future royalties the Commonwealth receives from Flagworld’s sale of the flag will be put towards the ongoing work of NAIDOC. The Australian government will also provide an annual $100,000 scholarship in Mr Thomas’ honour for Indigenous students to further the development of Indigenous governance and leadership.

Corrs also worked with Mr Thomas to mint a non-fungible token (NFT) of the work. Mr Thomas will retain the NFT and his moral rights in the flag. The flag has also been commemorated with a special edition coin bearing its image.

Mr Gascoyne said the Clayton Utz team was pleased to be engaged on a transaction of such historic national significance.

“The Aboriginal flag is a unifying symbol for Indigenous Australians, and we’re proud that, through the agreement announced today, the people to whom the flag means so much can embrace and use it freely,” he said.

Commenting on the copyright assignment to the Commonwealth, Harold Thomas said: “The flag represents the timeless history of our land and our people’s time on it. It carries the message that there is a uniting symbol and voice for all Indigenous people, and I hope that this arrangement allows the Aboriginal flag to breathe a new life in itself.”

Ms Hay added: “It has been a privilege to work with Mr Thomas on a matter of such national significance. The deal secured for Mr Thomas is monumental and is testament to the Corrs team who came together to make a real difference.”