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https://theconversation.com/public-outrage-is-not-enough-nz-needs-to-develop-a-legal-remedy-for-cultural-misappropriation-235858>
"From Formula 1 clothing lines to baby products, a variety of businesses have
come under fire for allegedly using Māori cultural imagery and language without
context or permission. But it doesn’t stop there.
Social media filters that superimpose moko kauae and mataora (forms of Māori
facial tattoo) on users’ own faces have been heavily criticised for demeaning
what are important expressions of identity.
In 2020, a local TV presenter was taken to task for sharing an image of a
monkey sculpture wearing a traditional korowai feather cloak and tā moko facial
tattoos. Air New Zealand came under fire in 2019 for attempting to trademark
the term “Kia Ora”, the name of its in-flight magazine.
And it’s not only the misappropriation of Māori culture at issue. In 2017, an
Auckland company was criticised for allegedly exploiting Romani gypsy culture
for commercial gain.
Currently in New Zealand, however, there is no available legal recourse for
individuals and communities who feel their traditional knowledge or cultural
expressions have been misappropriated. And while the World Intellectual
Property Organisation is developing international frameworks, progress is slow.
There have already been calls for a law to address the problem in New Zealand.
But my recent research suggests existing civil law could be the best avenue for
legal redress."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
