A Senate inquiry looking into the use of the Aboriginal flag has recommended to the Government that they should not compulsorily acquire the copyright of the flag from its creator.

The inquiry received 74 submissions around the issue of the flag since it was established in September and released their final report on Tuesday.

The Minister for Indigenous Australians Ken Wyatt has been in negotiations with the flags designer Harrold Thomas and WAM Clothing who owns exclusive rights to reproduce the flag on clothing and other media.

Committee Chair and Yanyuwa/Garrawa woman Malarndirri McCarthy says opposition to compulsorily acquiring the copyright from Mr Thomas was a theme through the submissions.

It is understood that some members of the committee have suggested that if the issue isn’t resolved by January 26 that the Government should commandeer the license from WAM Clothing.

Senator McCarthy says the matter of who will manage the flag if negotiations are successful came up in the inquiry and the next step is to work out who will be the custodian.