Kimberley artists say they feel angry and frustrated that a Sydney artist continues to "misappropriate" what they regard as a sacred symbol.

For more than a decade, New South Wales-based artist Vesna Tenodi has been painting the Wandjina, the supreme spirit ancestors of the Worrorra, Ngarinyin and Wunumbal tribes, who make up the Mowanjum community outside Derby, 2,400km north of Perth.

The artist also sells T-shirts and other merchandise depicting the image and also offers 'create your own Wandjina workshops', promising attendees will find out "what the ancient images truly represent, who created them, and how to properly interpret their symbols".

Mowanjum Aboriginal Art and Cultural Centre general manager Ella Doonan said continued misuse of the figure had left local artists extremely upset.

"People are upset that there are people out there who don't respect their culture," Ms Doonan said.

"The previous manager, Leah Umbagai, who is also an artist, has stopped depicting the Wandjina in her work because she is so upset about seeing so many people misappropriating the Wandjina.

"She's really concerned about the impact that it will have on the community."

The community took the landmark step of trademarking the Wandjina is 2015, a step which came after Ms Tenodi caused a public outcry by publicly exhibiting a sculpture depicting Wandjina without authorisation from traditional owners.

It was the first trademark of Indigenous iconography taken out in Australia, meaning unauthorised depictions of the Wandjina potentially violate copyright law.

Despite this, the artist continues to paint and shape her brand around the figure.

Mowanjum artist Leah Umbagai has stopped painting her Wandjina because of the use of the sacred symbol by non-custodians. ( Supplied: Peter Veth )

Bringing 'shame upon us'

Mowanjum artist Rona Charles said the Wandjina teaches the law of the land, of sharing, the kinship system as well as song and dance.

"When someone else uses it that don't belong to these tribes, we are afraid some sort of harm can come to other people," Ms Charles said.

"The Wandjina in a spirit sense is looking after me, our people; that was how we were taught growing up."

Rona Charles is an artist and a community leader who teaches young people traditional Junba dance and stories. ( Supplied )

Ms Charles said the depiction of Wandjina by a non-custodian was culturally wrong.

"They are breaking traditional law. And in a Western sense, they're stealing," she said.

"It's like me going on to Facebook and using her name and surname. Using their family name as a Facebook page.



"We do feel powerless, yet we will take every step to make sure it's taken down."

Artist defends 'artistic and intellectual freedom'

On her Facebook site, Ms Tenodi describes her group as being for those "who appreciate the importance of reclaiming our right to academic honesty and artistic freedom".

"We promote freedom of expression and call for the end of Aboriginal violence against non-Aboriginal Australians," Ms Tenodi wrote.

She did not respond to ABC Kimberley's request for comment, but explained her motivations in a 2011 interview.

"They cannot understand that I am a medium and I talk with God," Ms Tenodi said at the time.

"I get instructions from Wandjinas and I do what Wandjinas want.

"They cannot understand the law, there is no property law on prehistoric imagery."

Workshops on Wandjina: culturally insensitive

Rona Charles said cultural law governing the use of the Wandjina was particularly strict.

"You're only allowed to look after and paint the Wandjina that is of your country," Ms Charles said.

"I paint my Wandjina, the clan next door to me has their Wandjina; I can't paint their Wandjina."

She said the workshops needed to be stopped.

Limits of the law for protecting Indigenous expression

Aboriginal lawyer Stephanie Parkin said, while the trademark protection for the Wandjina was useful, the ability to enforce such legal rights could be limited.

"Even with trademark protection, the unauthorised use of the Wandjina is not only limited to this artist, we have heard of a lot of unauthorised use," she said.

"When I see the unauthorised use on social media it's distressing to see as an Aboriginal woman, knowing that it belongs to the Mowanjum people and as someone who is working to protect Indigenous artwork from exploitation."

Ms Parkin said the limitations of trademark laws in protecting cultural expressions were a problem for Indigenous groups across the board.

"A trademark gives the registered owners the exclusive right to use the mark and stop others from using it," she said.

"Sometimes it can be difficult to firstly obtain registration and secondly enforce such rights, which usually requires engaging the services of a lawyer and sending letters of demand to try and stop the unauthorised use."

A Parliamentary inquiry into the proliferation of inauthentic Indigenous art last year recommended standalone legislation to protect Aboriginal cultural and intellectual property rights, but the legislation is yet to be progressed.