In the world of art, a recent discovery has sparked a fascinating debate, one that delves into the intricate relationship between cultural heritage, intellectual property, and the rights of descendants. This story revolves around a 'newly found' painting by Charles Frederick Goldie, a renowned artist known for his depictions of Māori people. But it's not just about the painting itself; it's a deeper exploration of the rights and ownership of cultural narratives.
The Unveiling of a Lost Treasure
The painting, titled 'Lost in Thought, Ngāheke, An Arawa Chieftain', was believed to have been lost to history until its recent resurfacing. What makes this painting particularly intriguing is the story it tells and the questions it raises about the rights of those depicted in artworks.
Cultural Rights and Ownership
At the heart of this discussion are the concepts of 'mana' and 'mauri', integral to the Māori worldview. These concepts represent the essence and life force of individuals and objects, and in this case, they extend to the subject of the painting, the artist, and even the owners and auctioneers. The painting's subject, Patara Te Ngūngūkai, a renowned Te Arawa tohunga, has his image now up for sale, raising eyebrows and sparking a conversation about cultural rights.
A Double-Edged Sword
For the Tūhourangi Tribal Authority, the painting represents a unique dilemma. On one hand, it's a beautiful portrayal of their koroua, a depiction of his genius and a testament to the artist's skill. But on the other, it's a commercial venture, with the image being sold for profit, a situation that challenges their sense of ownership and control over their cultural heritage.
The Legal Landscape
Currently, the law states that individuals depicted in paintings or photographs taken in public places have no rights over those images. Instead, the rights belong to the artist or photographer, and these rights persist for 50 years after the artist's death, after which the work enters the public domain. This means anyone can use the image for any legal purpose, a situation that has led to the proliferation of Goldie's works and images of his subjects, often without the consent or involvement of the descendants.
A Movement for Change
Advocates like Lynell Tuffery Huria, a partner at Kāhui Legal, are pushing for greater recognition of cultural rights in the intellectual property space. The Wai 262 claim, also known as the Flora and Fauna Claim, is a landmark Waitangi Tribunal inquiry addressing these very issues. The proposed 'Taonga Works Framework' aims to establish a commission that would oversee the development of frameworks, deciding on the protection and use of cultural works.
Protecting Cultural Significance
The Protected Objects Act 1975 provides some protection for culturally significant objects, but historic portraits of tangata whenua, despite their clear cultural importance, do not receive the highest level of protection under this act. This highlights a gap in the current legal framework, one that advocates are striving to address.
A Long-Term Vision
While changes are being proposed, the current government's approach is seen as lacking by some. Huria describes it as a 'long-term strategy, long-term intergenerational project', indicating that meaningful change may take time.
A Mysterious Withdrawal
The recent withdrawal of the painting from sale adds an intriguing twist to the story. Mikaere, the chair of the Tūhourangi Tribal Authority, wonders if this is a sign of the koroua exercising governance over his image. This raises a deeper question about the spiritual and cultural connections that extend beyond the physical realm.
In conclusion, this story is a powerful reminder of the intricate web of cultural, legal, and spiritual rights that surround artworks, especially those with deep cultural significance. It highlights the need for a nuanced and respectful approach to the depiction and sale of cultural heritage, one that recognizes the rights and ownership of descendants and communities.
