T¯a moko image for sale spurs legal action
Well-known Ma¯ori advocate Rangi Mclean is taking legal action against a German artist over the unauthorised use of his ta¯ moko image.
The Manurewa Marae chairman posed as part of a wider group of 22 Ma¯ori for well-known and highly respected New Zealand photographer Michael Bradley.
His portfolio — The Puaki Exhibition — portrayed the participants with their ta¯ moko. Bradley then used digital technology to show what they looked like without their facial tattoos. The exhibition highlighted the suppression of tikanga (Ma¯ori culture) and Te Ao Ma¯ ori (the unique Ma¯ ori worldview) during New Zealand’s colonial period and its subsequent reclamation.
But Mclean’s image from the photo shoot has now been altered by German artist Gerd Stritzel, and is up for sale online, for thousands of euros.
“I got a bloody shock when my mate sent the image to me,” Mclean said. “I got a bigger shock when I saw how much the German artist was asking for it.”
The matter is now in the hands of Mclean’s lawyers Simpson Grierson. They have sent Stritzel a “cease and desist” legal letter.
“We act for Tunuiarangi Rangi Mclean (Tuhoe, Ngati Porou, Waikato, Nga¯ti Ma¯niapoto) (T R Mclean) and Michael Bradley Photography Limited (MB Photography),” the letter states.
“Our clients have recently become aware of a painted artwork depicting T R Mclean that is for sale on Etsy.
“Your artwork appears to be a direct and unauthorised copy of a photograph taken of T R Mclean by MB Photography (on April 9, 2015) as part of an exhibition.
“T R Mclean is a highly respected senior Ma¯ori figure.”
The letter also outlines the cultural importance of ta¯ moko.
“One’s journey to bear ta¯ moko can come as a result of a long, spiritual journey and will often require the blessing of elders and those in the community with a high degree of standing. It is a deeply sacred practice and is of great significance in Te Ao Ma¯ori.”
Stritzel, according to his website, owns the Art Studio in Immenstaad, Germany, with his sister. He specialises in the creation of large-scale, threedimensional dream worlds for amusement parks, adventure pools and adventure golf courses.
Stritzel has until Wednesday, July 13, 2022 to withdraw the artwork for sale from Etsy. In addition, he has been asked not to sell, or offer for sale, the unauthorised artwork on any platform in the future, not use any intellectual property, imagery or other material related to T R Mclean in any artwork context or any other manner in future; and not in the future use any intellectual property, imagery or other material “that infringes our clients’ rights or in any other way misappropriates or misuses Ma¯ori cultural images or is offensive to Ma¯ori”.