So what’s the problem with sticking a few images onto a t-shirt, a pair of skis, or a pack of cigarettes? Why do we hear about Maori taking up arms due to the use of some designs? What is the problem? -These are questions I often get from friends and colleagues, so I thought I’d answer to the best of my ability once and for all.
Maori concerns in the use of these designs revolve around the ‘appropriateness’ of the application of the design. One of the main factors is that the Maori relied on images and icons to convey knowledge rather than Western-style written language. Therefore, the designs and images represent words, meanings and stories.
Given this, it’s no wonder that when the ignorant select the wrong design to adorn the front of their product or packaging, they are likely to cause offence.
Still, what right does the Maori really have over a specific design or icon? According to Western law, if the author of a design or painting dies, after a certain period, the designs become open domain or available to anyone. However, the indigenous tradition, not the law, which is thousands of years old, differs in some respects because the design is recognized as belonging to the tribe that entrusts its history and meaning to the artist who created it.
Since the tribe is classified as a living entity even after several hundred years, it could be said that it still belongs to the tribe by today’s standards. But this is open to debate and interpretation and may mean that a new chapter on indigenous intellectual property rights should be included.
There are a number of large companies or corporations that have been embarrassed by the decision to use Maori heritage in their products or packaging, and not do so effectively. These include the recent NZ Post drama using Kapi Haka cartoon caricatures. NZ Post had the best of intentions, but the use of caricatures to represent something dear to Maori culture caused such outrage that the stamps were withdrawn and an estimated 1 million were destroyed.
The huge Danish toy company Lego used Maori names for their characters in the Bionicles series. They initially contested his right to use the names, but eventually capitulated.
More controversial was Morris Tobacco (a large corporation by any measure), which marked a pack of cigarettes as “Māori Mix”; including a map of New Zealand and various Maori designs.
Unsurprisingly, this caused a furor among the Maori community, who have been fighting against the control that the tobacco industry seems to have over the Maori people, not to mention Maori heritage. The uproar resulted in an apology from the CEO and a quick recall of the product. These public failures raise the question. Why bother? Why sell cigarettes to Israelis with Maori designs?
Indeed, Maori design and iconography is experiencing a renaissance in New Zealand, and in many ways this renaissance has been fueled by a world hungry for designs that are different and have meaning. The icons of much of the Western world are largely ‘plastic’ and meaningless: McDonalds arches, for example, and other manufactured icons.
The revival of spirituality and interest in alternative cultures throughout the Western world has led to a demand for Maori icons and designs in the form of tattoos, product decoration and symbolism. International corporations are aware of these trends and seek to benefit from them.
However, these lessons have hit home. When it comes to using indigenous imagery as a brand for commercial gain, a new process is emerging. Companies are increasingly aware of the need to explore the cultural sensitivity, offensiveness and ownership of a trademark made up of indigenous images or references before making use of it. Such consultation may be with elders, clans, iwi, language institutions, government departments, and artists, for example. All of this is aimed at promoting the authenticity and depth of a product or service and, more importantly, promoting our culture correctly.
Although larger corporations are investing in this process, smaller companies don’t really know what to do. The problems come from people who are not fully informed or have been poorly advised on the market and how to properly use Maori designs. There is a cultural revival, a Maori revival, that is happening here in New Zealand. This shows that the Maori are alive and well and are doing their best to protect what is left after one hundred and fifty years of colonialism.
Those who intend to use Maori design can benefit from knowing that Maori are united on all fronts in protecting and preserving their cultural identities with a fierce passion. There are always people ready to tap into the uniqueness of what Maori culture brings to the global mix. Unless you have the credibility and respect of the community, expect to see a war party on your doorstep with a beating from the cultural watchdogs or protectors of Maori culture.
