This article examines the idea that there can (or cannot) be an authentic cultural identity. Debates about identity and authenticity are particularly prevalent in North America where the idea of authentic (and inauthentic) Native identities is very strong, both ‘inside’ and ‘outside’ Native communities. This is particularly so in terms of debates about treaty rights and resources wherein the issue of authenticity can be used as a benchmark for recognizing (or not recognizing) the claims of an individual, group or community. These questions will be explored by looking at how they are approached by the artist and writer Jimmie Durham, within the context of a piece of legislation known as the Indian Arts and Crafts Act (PL 101-644). This legislation and Durham’s responses, provide a useful viewpoint in terms of contributing to the ongoing debates about authenticity, identity and the politics of representation. I will attempt to demonstrate that these issues, although grounded in the ‘art world’, draw many parallels with the cultural, social, economic and political control and marginalization of North America’s indigenous peoples.