237.131 – Wk 4 Blog task

237.131 – Wk 4 Blog task

Whanaungatanga

Meaning – relationship, kinship, sense of familiar connection through shared experiences. Not just limited to blood family as others with close bond are also included.

This term is one of the main elements that make up the values of Tikanga. Whanau (Family/Kin). The idea of Whanaungatanga is of relationships and supporting one another. It can be applied to art and design  The relationship between the art/design, the audience or viewers and the artist themselves if they so wish to be included. The term recognises and emphasises the importance of embracing and supporting each other from near and afar and how fragile relationships are, therefore require nurturing.

“Whaungatanga embraces the whakapapa and focuses upon relationships” (Mead. Chapter 2)

Intellectual Property and Copyright Laws

There are many faults in way in which intellectual property and copyright laws exist to address the misuse of Taonga works  but the main issue is the difference in Western and Maori ideals of protection. Taonga are two things – a body of work in which it embodies a pre-existing set of values, insights and knowledge (matauranga maori) and it is the creative efforts of the real individual person/s.  Since the IP laws were founded upon western ideals and understandings , the laws refer to how the creator has exclusive rights of the physical work by “excluding others from using it” (33.) However  this actually contrasts highly against the Maori ideals of Kaitiakanga which  ” obligations in respect of taonga works and the underlying matauranga”(33) meaning that it’s not just the physical misuse of the work that must be protected but also the information it presents.

Internationally, how Taonga works are to be used are not efficiently protected or regulated as stated by the International IP laws due to the limitations of the laws – “It establishes the minimum standards of protection in several areas including copy rights, trademarks, geographical indications, industrial designs, patens and plant variety rights that all members of the World Trade Organisation must comply with ” (1.1.15)

Furthermore, (Taonga Works and Intellectual property) state that IP rules are not 100% guaranteed in protecting works of misuse . “However, IP rules are never absolute. A balance is constantly being struck by the interests of the creator or inventor in receiving a fair award for their creative efforts and the interests of the wider community in access to and the use of the knowledge” (33)

While Maori have brought up the issue of how the IP laws are not fully equipped to protect the works and kaitiaki relationships of Taonga, the Crown has argued back putting any more regulations in place would “stifle innovation and deprive others of access to knowledge and underpin or inspire the creation of new works” (34). Therefore these IP laws and copyright laws are not completely successful in protecting the Taonga works of Maori.

 

 

 

Works Cited

Mead, Hirini Moko. “Chapter 2: Nga Putake o te Tikanga – Underlying Principles and Values”. Tikanga Maori: Living By Maori Values. Aotearoa: Huia Publishers, 2003. 25-34. Print.

Taonga Works and Intellectual Property (2011) in Ko Aotearoa Tenei – A Report into Claims Concerning New Zealand Law and Policy Affecting Maori Culture and Identity.

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