Artist rejects copyright breach
Portrait of leading Ma¯ ori elder not an infringement, Stritzel claims
I try to paint the mood, the environment, or the cultural impressions. Gerd Stritzel
Gerd Stritzel has contacted well-known Ma¯ori elder Rangi Mclean over the German artist’s unauthorised use of his tattooed facial image. Stritzel told NZME since receiving the legal threat from Mclean’s lawyers in July, he has had several written exchanges with Mclean.
“I have made some suggestions on how my art can be used to support the Ma¯ori community,” Stritzel said.
“I don’t think there is a copyright infringement here. In the last few weeks, I have discussed this with photographers from New Zealand and with a lawyer from Germany.
“A painted picture with paint on canvas is not a photo. If photos are used for inspiration, that’s fine, especially since my painting differs from the photo in colour, content and performance.
“Of course, using a photo and copy and paste would be a copyright infringement.”
The copyright notice was served on Stritzel when his portrait of the Tu¯hoe elder — also chairman of the Manurewa Marae, on the community local board and Trust Board — was offered for sale on a popular European website with a price tag of a couple of thousand euros. The initial image of Mclean came from portraits shot by well-known Kiwi photographer Michael Bradley.
Stritzel said he meant no offence to Mclean, Ma¯ori or Bradley. He travelled to New Zealand in 2019 and feels inspired by Ma¯ori.
“Most people find it flattering and are honoured to be portrayed,” Stritzel said.
“As an artist, I’m not interested in copying reality of people. I try to paint the mood, the environment, or the cultural impressions. For this I use the art of portrait painting.
“I make my art with positive thoughts.”
“In the case of public figures, there are clear rules and jurisdiction. You know that as a journalist, otherwise you couldn’t publish politicians, celebrities, kings, in your newspaper.
“This is primarily an ethical question, and I can understand Mr Mclean here and I have asked for his understanding.”
Stritzel said he would like to portray more Ma¯ori in positive ways.
“I would like to paint more Ma¯ori portraits. These proud faces and the exciting, beautiful New Zealand nature fascinate me. Ma¯oris are welcome to send me their portrait photos to be artistically painted by me. I don’t differentiate here between men and women, young and old. That would be an exciting project,” he said.
“It is important to have a dialogue about cultures and their past. This dialogue should also be reflected in art. Through my picture I became part of this discussion. I would wish if the power, worship and beauty is also seen in this picture.
Mclean, who has just returned from two indigenous conferences in Canada, said he has left the matter with the lawyers and initial photographer but hopes for a positive outcome.