The recent resurfacing of a 'previously unrecognised' Goldie painting has sparked a heated debate in the art world, with questions surrounding its authenticity and the cultural rights of the subject's descendants. This article delves into the complex web of issues surrounding the painting's sale, exploring the interplay between art, culture, and intellectual property rights.
The Goldie Enigma
The painting in question, titled 'Lost in Thought, Ngāheke, An Arawa Chieftain', is believed to be a 1917 work by Charles Frederick Goldie, a renowned artist known for his depictions of Māori people. The artwork was originally exhibited in 1917 but disappeared from records until its sale in Australia in 2020. With the help of Te Arawa iwi Tūhourangi, the identity of the subject was confirmed as Patara Te Ngūngūkai, a respected Te Arawa tohunga.
The painting's resurfacing has raised concerns about its authenticity, with some experts claiming it's an imitation of a Goldie portrait. However, the more pressing issue is the cultural rights of the descendants. Under current law, people depicted in paintings have no rights, as those rights belong to the artist or photographer. This means that Patara Te Ngūngūkai's descendants have no control over how the painting is used or reproduced.
The Cultural Dilemma
The sale of images of tūpuna (ancestors) has been a contentious issue for Māori communities. While some have protested the sale, others have sought to purchase as many images as possible to regain control over their cultural heritage. In the case of the Goldie painting, the estimated price tag of $420,000 made it unaffordable for the iwi.
Tūhourangi chair Kirikowhai Mikaere highlights the double-edged sword of the situation: appreciation for the artwork and the artist's genius, versus the challenge of allowing the image to be sold for profit. This dilemma is further complicated by the lack of legislative frameworks to address cultural concerns.
Intellectual Property and Cultural Rights
The Copyright Act, introduced in 1994, has not been significantly amended since. However, the government has confirmed that changes will be introduced due to free trade agreements with the UK and EU. These amendments include a 20-year extension to copyright protection, but they won't impact the rights of Patara Te Ngūngūkai's descendants.
Lynell Tuffery Huria, a leading expert on Māori intellectual property rights, emphasizes the need for greater recognition of cultural rights. The 'Taonga Works Framework' and Tiaki Taonga movement advocate for a commission to oversee the development of frameworks, ensuring that cultural concerns are addressed.
The Way Forward
The Protected Objects Act 1975 provides some protections for culturally significant objects, but historic portraits of tangata whenua (indigenous people) do not qualify for the strongest protections. Mikaere asserts that the painting ultimately still belongs to the descendants, and they will strive to exercise governance over it.
Huria doubts that meaningful changes will be made under the current government, viewing it as a long-term strategy. The ongoing advocacy for cultural rights in the intellectual property space is a testament to the resilience and determination of Māori communities in safeguarding their heritage.
