The recent resurfacing of a 'new' Goldie painting has sparked a heated debate in the art world, shedding light on the complex issue of cultural rights and intellectual property. This particular artwork, titled 'Lost in Thought, Ngāheke, An Arawa Chieftain', has been the subject of scrutiny due to its apparent authenticity and the rights of its subject's descendants.
The painting, believed to be a 1917 work by Charles Frederick Goldie, was initially exhibited at the Canterbury Society of Arts but vanished from records until its sale in Australia in 2020. With the help of Te Arawa iwi Tūhourangi, the identity of the subject, Patara Te Ngūngūkai, was confirmed. This renowned Te Arawa tohunga played a crucial role in preparing human bones for reburial, and his image now takes center stage in this contentious debate.
The core of the issue lies in the legal rights surrounding the sale of depictions of indigenous ancestors. Under current law, individuals depicted in paintings or photographs taken in public places have no rights over those images, as they belong to the artist or photographer. However, 50 years after the artist's death, these rights are extinguished, and the image becomes public domain, allowing anyone to use it legally.
This lack of legal protection has led to the commercialization of indigenous cultural heritage. Goldie's works, including the one in question, have been reproduced and sold as merchandise, such as iPhone cases, without the consent or benefit of the descendants. This raises ethical concerns and challenges the traditional concept of mana and mauri, which are integral to the Māori worldview.
Tūhourangi Tribal Authority's chair, Kirikowhai Mikaere, expresses the dilemma faced by the descendants. While they appreciate the artwork and the artist's genius, they are also troubled by the commercialization of their ancestor's image. Some Māori have protested the sale of their tūpuna's images, while others have attempted to purchase as many as possible to regain control over their cultural heritage.
The case of Patara Te Ngūngūkai highlights the urgent need for legislative changes to protect cultural rights. The Copyright Act, introduced in 1994, has not been significantly updated, and the proposed amendments fall short of addressing the specific concerns of indigenous cultural heritage. The Wai 262 claim, filed in 1991, advocates for greater recognition of Māori intellectual property rights and control over traditional knowledge.
Lynell Tuffery Huria, a leading expert on Māori intellectual property rights, emphasizes the lack of legislative frameworks to address these issues. The 'Taonga Works Framework' and 'Tiaki Taonga' movement propose establishing a commission to oversee the development of frameworks, ensuring that cultural concerns are prioritized. However, the process is expected to be lengthy and challenging under the current government's policies.
Despite the legal complexities, Tūhourangi remains determined to exercise governance over their ancestor's image. Mikaere asserts that the painting ultimately still belongs to them, and they will strive to maintain control over its use. This case serves as a stark reminder of the ongoing struggle to protect indigenous cultural heritage and the need for comprehensive legal reforms to safeguard the rights of descendants.
