Archive for ‘Media’ Category

`Iwi Tax’ – top-drawer race propaganda

datePosted on 11:12, March 6th, 2009 by Lew

Hard on the heels of my article about giving the overworked minions of the Corporate News Machine ready fodder to work with, The Dominion Post this morning proves my case by running ready-made racist propaganda soundbites from the fisheries industry.

The linked article makes it quite explicit that the fee levied by Ngāi Tahu is nothing to do with them being Māori and the fishermen being Pākehā – it’s to do with them being the owners of a resource which they (as owners) consider to be in need of investment. Their business model is to extract a rent from that resource, and they have decided to raise that rent by constraining commercial access to those who are prepared to support continued investment in the resource by paying a commercial use levy. This is no different in principle than the Transit Agency increasing road-user charges to increase investment in roads, or from a landowner charging higher fees for Fonterra producer-shareholders to graze his property because he wants to adhere to the Clean Streams Accord (and that costs money), or from a resort owner increasing his fees in order to improve the quality of the accommodation.

The fisherfolk and their lobby group the Seafood Industry Council are not trying to play on the economic issues, because they know they have no case. So they’re playing this on symbolic issues – the (coincidental) facts that the product of the lake (tuna) is a Ngāi Tahu tāonga, and the fact that Ngāi Tahu are Māori, they (the commercial fishermen) are (I assume) Pākehā, and the ownership of the lakebed is the result of a Treaty settlement. None of these facts are actually relevant to the case in point – there’s no evidence that there is any discrimination, and it doesn’t matter by what legitimate means the owners acquired control of the resource. Just because it’s the result of a Treaty settlement doesn’t mean they somehow have less right to extract rents from it. So Ngāi Tahu’s case seems invulnerable on material grounds, but it is vulnerable on symbolic grounds. The commercial interests here are cynically trying to leverage the undercurrent of anti-Māori-development racism, pushing the Iwi/Kiwi button in service of their legally invalid cause.

It’s not an `iwi tax’ – it’s a `conservation levy’, and only payable by commercial users. They can’t come out and declare themselves anti-conservation, but it seems that in NZ it’s just fine for them to come out and declare themselves anti-iwi.

L

A useful press release generator, or three

datePosted on 22:32, March 5th, 2009 by Lew

DPF’s post mentioning MediaCom, which allows you to get/send press releases via NZPA feed, reminded me of this, which I’ve been meaning to post for awhile. The reason PR companies need to spam people with press releases is because at a basic level they’re so easy to write that almost any idiot can hack one out in half an hour, and so people do. If you’re someone who relies on them, by the time you’ve read the title and the first three paragraphs in order to figure out whether the press release has anything relevant for you, its writer has already won.

Not to say that writing good press releases is easy – far from it, writing genuinely good press releases is extremely hard; so hard that very few people actually can, and even for those people it can seem futile because nobody knows whether your press release is any better than all the rest of the guff which is clogging their intertubes until they’ve read the title and the first three paragraphs. If you’re a CommsTart,* this is a very important skill, however, because by writing good press releases you give the overworked, underpaid minions of the Corporate News Machine a labour-saving device, and if you can consistently write to spec they will gladly shortlist your releases for pre-publication, sight unseen, because they don’t have time to read the title and the first three paragraphs because … well …

That stuff in them there press releases ends up in your media. I don’t have it to hand (Kate, can I have it back?), but I seem to recall that very thorough Cardiff University research commissioned by Nick Davies’ for his excellent book Flat Earth News found that no more than 12% of articles published in major British papers were entirely free from material published by someone’s PR department or agency. In my work as a media analyst, if I actually want to find out about a major issue I go to Scoop and try to triangulate the facts from everyone’s press releases before I bother with the actual end-user media outlets. It’s rare they can tell me something the stakeholders’ CommsTarts haven’t already.

These facts – it’s easy to do badly, hard to do well, indispensable and ubiquitous – are not lost upon the wags of the media world, who have taken delight in lampooning this most cherished aspect of their craft. There are lots of press release generators out there. Most are good for a black bit of fun – this by one of our few remaining satirists Lyndon Hood only deals with the the one topic of child abuse, but it has good bones.

For the 80th birthday of AdNews, the Sydney office of Clemenger BBDO made this handy visual self-congratulatory press release generator:
adnews80thclem
(From commercial-archive.com.)
They know their stuff: this remains one of the best ways of quickly and efficiently putting together a quality press release – chop all the information up into bits of paper and arrange it so it flows, with just (barely) enough glue to keep people reading. Remember: the title and three paragraphs, and you win.

If you want industrial-strength, this one is made of much sterner stuff. Written by a computer programmer back in the Nineties and endlessly hacked on since, it and its variations will generate a dense blob of impressive verbiage – Bush-speak, web jargon, whatever you want. If fed the right source material, it would probably generate a halfway-competent press release.

It goes the other way, too – David Slack, in homage to George Orwell and Christopher Ketcham, created a DuckSpeak Translator which, if fed media-ready prose, would deliver you a lot of QUACKs and perhaps (if you were very fortunate or the author was very clever) a few actual words and even an idea. The DuckSpeak Translator is sadly no more, brought to its knees by the fact that David allowed any old idiot to add phrases to its vocabulary, so that by the time I got to using it sometime in 2006 it was so thoroughly clogged that you could put anything in and get nothing back but quacks – which may have been the intention after all. I think the project should be revived with a clean database, and phrases only admitted to its vocabulary if they have been taken cleanly from some rich source of such matter – such as the Hansard, or press releases. That’d be something worth quacking about.

L

* I use the term in gender-neutral reference to anyone whose work is tarting up their client’s self-interest so it can be mistaken for news.

Edit: Heh, the `or three’ on the end of the title was an afterthought added without reference to the previous post, which also contains it :)

Montage

datePosted on 17:47, March 3rd, 2009 by Lew

As a dedicated media geek, I wake up each morning to New Zealand’s broadcast news of record – the masterful Geoff Robinson, the muscular Sean Plunket, and the metronomically-consistent Nicola Wright on Radio NZ National’s Morning Report. These three I consider to be among the top talent in the NZ media industry, and we are fortunate to have them.

I also have a lot of time for Checkpoint‘s Mary Wilson – not quite so obdurate as Sean Plunket, but with as little patience for prevarication. It seems the producer who put together the advertising frob for Checkpoint which aired between the sport and weather segments of yesterday’s 0600 bulletin also has a good ear. You can listen to it here, but I’ve transcribed the good bits:

First speaker: We are not a country of whiners, we are not a country of slackers and we are not a country of selfish individuals. We are a gritty little country with the smarts and determination needed to weather this storm.

(Mary Wilson introduces Checkpoint)

Second speaker: You feel as though you’ve been marched out with a blindfold on and tied up to a pole, and your own army is there as the firing squad.

Now, neither of the speakers either side of Wilson is identified. That’s an important point – the first speaker is immediately recognisable as John Key, and his words are clearly to do with the recession and economically troubled times ahead (in fact, from his opening speech at the Job Summit); a bold bit of chin-up-what-what jingoism. Even if you don’t know who the second speaker was or what he’s talking about, his statement is so strongly worded and his tone so far removed from Key’s that they jar in relation to one another; and although the statements are topically different, their contrast and proximity to one another implies a relationship. Although they’re not obviously linked, a listener (in principle) goes away associating John Key’s upbeat jingoism with one’s own army as the firing squad – a hugely disturbing mental picture if you care to think about it. This is an example of the semiotic technique of associative montage, perfected by Soviet filmmakers, where parts of a text are contextualised and given affective weight by their relationship to other parts of the text (in this case, audio; in the classical case, still or moving images on film).

Because I failed to listen to Checkpoint last week when the story about the Army raincoats was in the news, it took a bit of research to find out it was Davey Hughes of Swazi who said the second bit. And it turns out that there is a link between the statements – but not the link you might expect; a real army but a metaphorical firing squad, and nothing to do with John Key. As a matter of reality, the government isn’t in a position to force the NZDF to choose one supplier over another mid-term, and to do so would set a dangerous precedent and open the government up to well-justified allegations of protectionism.*

Not that this makes any difference to the message as received by a naïve listener to this piece. Montage, like other semiotic grammars but perhaps to a greater extent because we’re unused to it, transmits its meaning subconsciously. Actual rational reality doesn’t necessarily get a look in. Now, I’m not arguing that there’s a wily frob-producer at NatRad who’s employing Soviet montage techniques to propagandise John Key in the minds of loyal public-service broadcasting listeners, though I suppose if you were especially paranoid you could argue that airing it at wake o’clock in the morning makes it easier to prey upon the weakened rationality of the half-asleep.

This is the stuff of which peoples’ impressions are made – people have a feeling about a leader, they can’t quite put a finger on it and haven’t necessarily given it any serious thought, but nevertheless it’s their opinion and they cling to it. Despite Labour’s technically excellent but somewhat nasty `Mary’ ads in the dying days before the election, there seem to be very few such impressions of John Key. But he’s a leader going into a long term of economic downturn, and he can look forward to more such as this.

L

* You could argue that the NZDF should choose NZ-made gear – and the All Blacks should use Canterbury rather than adidas – but the fact is that Key can’t simply make it so.

Worker organised resistance

datePosted on 10:10, March 1st, 2009 by Anita

Once again Indymedia is the only place providing coverage of worker organised resistance against the current government’s policies.

While the media, major political parties and even the left wing blogs have concentrated on  what was going on inside the Jobs Summit a good old fashioned protest was going on outside. Despite the great messages, the photo friendly images and reality of the protest the coverage we’ve seen has focussed only on the centre-left’s response.

Even the left wing commentary on the lack of men at the summit has been full of images of men (to show the absence of women) rather than images of strong women raising their own voices.

I also haven’t seen any mainstream coverage of the Christchurch picket against the 90 day sacking law which attracted a variety of workers groups and unions.

Sometime in the next few years the left needs to realise that we’re no longer part of the orthodoxy, it’s ok to protest (in fact it always was). We can take our banner and loudspeakers out on the street and tell the world that our voices and our rights are important.

The department of made-up numbers

datePosted on 16:15, February 27th, 2009 by Lew

This excellent article did the rounds in my department at work today, about the methodological rigour (or lack thereof) in ratings, on which I’ve been meaning to write a post for a while.

I refer almost daily to such demographic information – ratings, audience/circulation, readership and particularly advertising value equivalents – as `the department of made-up numbers’ because, basically, that’s what they are. At best, they are a set of figures which, while deeply flawed, are horizontally and vertically consistent, and well-enough understood that their failings can be accounted for (this approximates a definition of any useful long-term demographic data). At worst, they are the patina of officious statistical rigour over a set of numbers tuned to tell people whatever the media outlet, its owners, or its PR company want people to know – and that means they’re designed to fool. Most often, a given dataset lies in between – in the murky liminal zone where it’s impossible to tell whether it’s the former or the latter or something else entirely without access to the raw data and its provenance, which is nearly always impossible to get, and would entail phenomenal amounts of very specialised, expensive, time-consuming work to make sense of even if you could get it.

Despite these dire problems, demographic data, ratings, audience/circulation and advertising value equivalent data are the mainstay of the media and communications industry’s performance measurement infrastructure, for two simple reasons: First, it gives you nice clear figures to prove your department is doing its job; and second, nothing else does, because media demographics is the art of measuring the unmeasurable. So people who are otherwise cautious and crafty and suspicious just accept the numbers at face value and trust them implicitly because the alternative is no data, and with apologies to the Bard, nothing will come of nothing.

This reliance on demographic figures is highly detrimental to the health of the media industry, because the data can’t be verified, and there exists an inflation imperative. I dislike comparisons to communism as a rule, but there’s a parallel in this sort of reporting in the media/PR/comms industry as it presently is to the problems of productivity reporting seen in the 20s in the USSR and the 50s in China. When both producers and their supposedly independent auditors are ranked according to the quantity – not the quality – of the figures they produce, there inevitably emerges a tendency to inflate those figures.

In the USSR and China, wheat and rice yields were inflated in this way, because the producers would be punished if their yields fell, and the municipal authorities didn’t look too closely at the production figures because they would be punished if their municipality’s yields fell. Central government assumed these figures were correct, and based budgets and food allocations and projections and such upon them, planning more than they could realistically achieve because there was in fact less food than they thought in the granaries.

If we substitute `food’ for `ratings, I think the parallel is pretty clear: the media are relying on bad data to demonstrate that their product has value to advertisers first and journalistic merit second and to boost the egos of their stable of opinion leaders third; internal communications departments use it to measure the effectiveness of their campaigns and initiatives; external PR firms use it to prove their worth to client companies; boards of directors rely on it to make decisions about what publicity campaigns to fund, which products to launch, and who to promote. All this is good money thrown after bad – frankly, it’s a miracle it hasn’t all come tumbling down sooner.

L

`H bombs’ and the grasping settler mentality

datePosted on 12:53, February 25th, 2009 by Lew

I spent my school years growing up in Wanganui, and for the time being I’m back here, taking care of family matters. Having grown up here as a Pākehā with strong connections in Te Ao Māori, I can say with some authority that the region is mostly populated by unreformed Pākehā racists who loathe Māori out of fear bred from profound ignorance. I say mostly – but not entirely; there is an understandably large Māori population, and some more tolerant Pākehā. This fear and loathing is both the cause and the result of the fact that Māori in Wanganui are poorer, less-well educated and more likely to be involved in crime than non-Māori. Not so different from the general mentality of NZ as a whole, but stronger.

The Wanganui District Council yesterday voted against recommending to the NZ Geographic Board that the name be changed to its proper spelling – Whanganui, endorsing a 2006 referendum in which 82% of respondents favoured retaining the spelling. This post comprises two parts: first, an argument as to why retaining the name without the h is an absurd example of the grasping settler mentality; and second, an explication of how this morning’s front-page article on the topic frames the issue as a crisis, and promotes the same sort of fear and ignorance by marginalising and ridiculing the voices and opinions of those favouring the change.

Grasping settlers
Many will baulk at my referring to the 21st Century residents of Wanganui and its district as `settlers’, given that the settlement was one of the original four established by the New Zealand Company in 1840. Most of them would refer to themselves as `battlers’, and that’s almost as appropriate. What marks people out as settlers is the grasping siege mentality of scarcity – they came here with nothing, they have to get whatever they can get, and damned if they’ll let any of it go. Generations on, and even among those whose families weren’t settlers, this mentality remains. They live here, and they grasp, but generally they make few and feeble attempts to engage with tangata whenua, seeing them as outsiders, as enemies, and as competitors because on some level there is a recognition that they retain a moral claim to resources, discourse and authority. The settlers, despite this recognition, consider that it is their land, and their river and their town, and any arguments or evidence to the contrary are met with hostility and the rhetoric of assimilation.

Mayor Michael Laws:

Wanganui is not a Maori name. It has assumed an identity, a heritage, a history and a mana of its own.

You’ll go far to find a more convenient statement of revisionist ignorance in NZ identity politics. This forms the sole and entire argument in principle against the name change: it’s been that way for ages, so the word no longer means what it once meant – or more plainly, it’s an old mistake so it’s no longer a mistake. If this were to hold everywhere, then the mis-transliteration or misspelling of any word would necessarily destroy any connection to the original in every case: a patently idiotic idea. The fact is that Wanganui is a Māori word, misspelt by the original transliterators because the local dialect drops the `h’, pronouncing `Whanganui’ and `Wanganui’ practically the same, with a Wa sound, not a Fo sound. It’s not a new word – it’s the old word misspelt but pronounced correctly. This is a critically important example of the damn-fool ignorance I’m talking about: most of those against the change complain that they don’t want to have to pronounce it with a `F’, not realising despite mostly having lived here all their lives that nobody would. Hardly anyone pronounces the name of the river – which name is spelt with the h – as such; just ignorant but wanting-to-be-culturally-sensitive Pākehā, or other Māori wanting to make a point about the superiority of their dialect over the local one.

So, the argument in principle is invalid, and the argument of practicality is equally invalid. Why are people so opposed to the change? Because the local Māori want to exert their rangatiratanga by insisting the name of the settlement on the river be rendered correctly, as a symbolic matter, and the settlers are opposed to any assertion of rangatiratanga for fear that they might lose control over their identity and their community, or become hori-fied, as Dam Native put it. Spelling, pronunciation and other such matters are important symbolic markers of identity and authority, and the river and its surrounds physical manifestations of that. As local iwi say: Ko au te awa, ko te awa ko au – I am the river, the river is me. That such a central part of their identity may be grasped and mutilated and withheld as if it no longer belonged to them is almost as grave an insult as is possible.

This grasping settler mentality is the fundamental reason why Māori have to endure a decades-long, frightfully expensive and time-consuming judicial process under a foreign system weighted against them, generations after the fact and opposed every step of the way by the crown, business, the media and the settler public, in order to get a fraction of one per cent of the reparations to which they might otherwise be entitled. It’s the same principle which prompted the Iwi/Kiwi ignorance, and the same which recently led to the rhetorical backlash against the vesting of Ka Mate in Ngāti Toa Rangatira, about which I wrote recently. It grasps things of value, and then refuses to return them, or share them, or relinquish any control over them, no matter how slight, and even when such a gesture of goodwill would be the basis for more meaningful and harmonious engagement with the settled outsiders and a route to a more peaceful future, not the opening of the floodgates feared by the settler majority.

Village idiocy
Wanganui has a provincial village mentality, and this is quite strongly reflected in its media which are highly conservative, in the sense that they reflexively endorse the status quo and the opinions of the majority, to the exclusion of heretodox voices which are characterised as fringe radicals of one sort or another. The daily Wanganui Chronicle in particular is the local Pollyanna – its motto is `Love this place!’, and its news follows one of two forms: local-folks-done-good, or bad-things-threatening-our-way-of-life. This reinforces the settler mentality, and it’s not too harsh to call the Chron a settler paper.

The Wanganui Chronicle‘s lead story this morning was headlined `H bombs in crucial vote’, with the `H’ in red lettering, alongside a large photo of Māori protesters (although the secondary story `Protesters on the march’ notes that most protesters were Pākehā). The corresponding story on the Chron‘s website has the same photo, but the more sedate `Council split over ‘H’ in Wanganui’ headline. Message: locally, this is war. For the rest of the country, it’s just another bit of local government trivia. The headline both minimised the importance of this issue as a symbolic matter of rangatiratanga and amplified its importance as a site for dispute between settlers and outsiders. People know they have to fight against it, but don’t know why.

The story lead with the fact that the vote was closer than expected – five councillors (of thirteen, including Laws) would not vote for the existing name. Prominent share of voice was granted to those five councillors, mostly making the arguments above, that the change was the correction of a historical inaccuracy and not `bending to the whims of radicals’, but the highlighting of these five councillors as opposed to the 82% majority in the referendum clearly framed them as the radicals in council – outsiders, out-of-step with their electorate. This was reinforced by three other points: first, one councillor said he was `ashamed’ at the response to the referendum, being as it was based on ignorance, fear and misunderstanding – the message in the context of his decision was that he was ashamed of the electorate, directly at odds with the adjacent `Love this place!’ vox pop of a cute girl talking about why Wanganui is so great, a variation of which is repeated daily on the front page.

Second, other than Laws, only one councillor who voted in favour of the existing spelling was quoted on the matter, saying that she was elected to `represent the views of her community, as expressed during the referendum process’, almost identical wording to that used by Laws, and a strong statement of normative majoritarian orthodoxy.

Third, Laws said, with somewhat wolfish magnanimity, that `it was comforting to see elected officials take an unpopular stance’, echoing other councillors who `acknowledged they could lose votes’ for refusing to endorse the existing name. Not a principled stance; an unpopular one; which represents them, not us. Message: If you’re not with us, you’re against the community, and if you’re against the majority, you’re the enemy by definition.

Against this background, there sometimes seems no hope for race relations in Wanganui, or perhaps even for NZ at large. At ANZAC weekend, I will be attending the launch of a book by Canterbury University scholar John Newton, at Hiruharama up the Whanganui river, which I expect will argue the opposite: that the spirit of goodwill and compromise and understanding exemplified by the relationship between poet James K Baxter and his associates and local Māori during the 1960s and 70s provides a model for NZ race relations, opposed to the majoritarian settler orthodoxy which now dominates.

L

Four-day week – analysis?

datePosted on 23:17, February 19th, 2009 by Lew

Since I spend my workday up to my eyeballs in the media, it’s very rare that I watch ONE News Tonight, and even rarer that I come across something I don’t already know.

12152008_bigdig
(Red Planet Cartoons)

Today, I managed to elude the fact that the government is considering support for a four-day week for businesses which might otherwise consider layoffs, paying (part of?) the fifth day’s income, while staff undertake training or community work. Until Tonight, that is. This seems to me an excellent idea, if it can be well-implemented. It accounts for the necessary scaling-back in production which some industries will experience, while subsidising future productivity increases to come from improving the skill base of NZ workers, which means that once the recession passes, the country will be better-positioned to hit the ground running, as it were, and enable the government to pay back the debt which will necessarily accrue from the scheme.

(As a sidebar: that a National government is even considering such a thing represents a huge change in political culture.)

There are certainly pro- and contra- arguments to this sort of scheme which I’ve not considered; as you can tell by the cartoon, I’m not unaware of the general uselessness of make-work-for-the-sake-of-making-work schemes. Friedman’s quote, on the linked site, is especially well-taken:

“If all we want are jobs, we can create any number — for example, have people dig holes and then fill them up again, or perform other useless tasks. […] Our real objective is not just jobs but productive jobs”

The question is one of implementation: what would be necessary for a make-work scheme which results in productivity improvements down the line to be better than redundancy – the consequent productivity increase that brings as they try to better themselves, less the productivity drain they represent, being out of money and therefore not consuming, or on welfare?

This is a complex question, and I invite you to argue your corner. But please, I’m not interested in ideology-bound doggerel of the `OMG statist corrupt meddling communism’ sort, or its inverse – I’m not an economist, but I expect a high standard of analysis, the more formal the better.

L

Ka ora!

datePosted on 23:27, February 18th, 2009 by Lew

Ka ora! (I live!) – the triumphant second part of the famous challenge in Te Rauparaha’s haka Ka Mate, composed after his narrow escape from seemingly-certain death. Ka mate is itself a symbol of life and vigour and indomitable spirit, a rowdy celebration of vitality, and one of the most vivid and tangible symbols of New Zealand culture, both for Māori and for Tau Iwi, and much-loved and admired by people the world over, so ubiquitous that many simply know it as the haka, as if there were none other.

Now the rights to this famous tāonga are to be vested in Te Rauparaha’s descendants, Ngāti Toa Rangatira. This is a sore spot for many people, who for the reasons above feel as if they have a stake in Ka Mate as well. Much of this hearkens back to the old `iwi/kiwi’ rhetoric of the 2005 election campaign, and in particular I’d like to point to one small exchange which I think illustrates that that rhetorical line no longer has quite the currency it did; then I’d like to engage with the actual matter of the issue: the meeting of intellectual property, identity and mātauranga Māori.

Backdown

haka13The Rod Emmerson cartoon at right appeared on the front page of the New Zealand Herald on 11 February 2009, the day the Letter of Agreement between Ngāti Toa Rangatira and the Crown was signed, and is the most direct reference to the old iwi/kiwi debate. The image was also attached to the online story. However, that day during Question Time, Minister for Treaty Negotiations Chris Finlayson harshly criticised the cartoon, saying it was “puerile and inaccurate […] highly offensive to Ngāti Toa. We are not talking about that kind of redress”. This position was reiterated by John Key, and was the subject of another article the following day. They’re absolutely right: as I will demonstrate below there is no merit whatsoever to the argument.

After Finlayson’s statement in Parliament, the cartoon was detached from the article – but it remains on the NZ Herald’s server, and that it was attached to the article is proven by google images. Tangentially, the cartoon appears to be one of a batch by Emmerson, including this one, very similarly composed. At least two other cartoons emphasised the financial issue – Mike Moreu’s and Tom Scott’s.

The importance of this very minor editorial backdown by the NZ Herald is huge. I’m not arguing that Finlayson’s statement in the House caused the Herald to take it down, but it was undoubtedly an influence: perhaps the Herald saw that the tide has turned. The very fact that a National Minister would so firmly repudiate such an allegation of graft among Māori business interests, against the editorial line of both our major press outlets, shows how far they have come since the bad old days of Don Brash’s populist point-scoring. It also shows that they’re in government and mean to stay there.

Rights

People talk about `intellectual property’ as if it’s unified by a central legal idea, or created from whole cloth. In fact the whole realm is a minefield of social, legal, technical, customary and common-law complexity from several intellectual traditions, dating back to the enlightenment, and very poorly updated to encompass things which have happened since. The S92 protests currently underway are an example of its deep and thorough dysfunction. It’s vastly more ugly and complicated than you might think: for an excellent critique of the whole system, I can recommend none better than Drahos and Braithwaite, Information Feudalism. Incidentally, like Richard Stallman, I abhor the term `intellectual property’ for this reason; though unlike him I don’t eschew its use when talking about the whole awful mess together.

When people talk about `intellectual property’, usually they mean `copyright’ but want to sound knowledgeable. Even when people talk about `copyright’ they are usually, in fact, mixing up two quite distinct parallel traditions: economic rights of copyright, and moral rights of the author. Simply; economic rights allow the copyright holder to extract a rent from a work, while moral rights afford other sorts of protection, such as the requirement of attribution. The two sets of rights can exist independently or apart; they need not necessarily go together, but can coexist happily if need be. The discourse inherent in the cartoons above, and in much of the news copy, is rooted in the supposition that economic rights are the only rights, and that Ngāti Toa Rangatira must therefore be looking to extract a rent from Ka Mate (even if only a piffling, `dollar dollar’ for the single most famous piece of Māori art in existence). This is also the foundation of Whale Oil’s rather smug argument that, since NZ copyright allows for a term of 50 years after the death of the author, copyright on Ka Mate lapsed in 1899 and it’s now in the public domain.

As is so often the case, the reality is quite different. The Letter of Agreement mentions nothing of the sort – no discussion of economic or moral rights, or of copyright, or even of that broadest of terms, `intellectual property’. No, the complete text in the LoA relating to Ka Mate is as follows:

– Ka Mate haka

The settlement legislation will also record the authorship and significance of the haka Ka Mate to Ngāti Toa and the Crown will work with Ngāti Toa to address their concerns with the haka in a way that balances their rights with those of the wider public.

The Crown does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate. Ngāti Toa’s primary objective is to prevent the misappropriation and culturally inappropriate use of the Ka Mate haka.

This stops well short of even the weakest copyright protection. It implies a subset of moral rights, and explicitly enjoins exercise of economic rights. The entire line of argument is therefore completely discredited, and if anything, Ngāti Toa Rangatira are faced with a hard task of staking a claim in any way other than the symbolic. If they choose – and there’s the big question nobody is asking.

Colonising Mātauranga Māori

Suppose Ngāti Toa Rangatira had been offered exclusive, authorial economic and moral rights to Ka Mate. Should they accept? Ultimately, of course, this is a matter of utility for that iwi, and them alone – but let me sketch a few of the issues in play. First, and most obviously, the adoption of Tau Iwi systems of knowledge ownership for mātauranga Māori (Māori knowledge) is a dangerous business. Those who have legitimate entitlement to the mātauranga might be prevented from exercising it by colonial IP laws; more importantly, the nature of the mātauranga itself is impacted upon by its presence within a framework, and the degree of codification and specification that requires. As M A Hemi said regarding the use of Māori terms in the Resource Management Act,

Māori concepts when treated in isolation are incapable of proper function and development. In fact, any concept when divorced from its cultural base is subject to dysfunction and cultural reinterpretation or hi-jack. (Quoted in Mason Durie, Te Mana, Te Kāwanatanga, p33.)

Nevertheless, there can be great utility in protecting these things by colonial means, in order to prevent their exploitation by colonial systems. This is the foundation for the WAI 262 claim, to my knowledge the longest-running and most complex claim ever brought to the Waitangi Tribunal, with enormous precedent value. And why shouldn’t they see any tangible economic benefits from their mātauranga now, given that for generations it has been exploited and co-opted and adapted without their consent or input, and to great commercial gain?

The question is a live one – ka ora.

L

Ansell’s talents underemployed

datePosted on 21:29, February 17th, 2009 by Lew

John Ansell, author of the famous and fabulously effective 2005 National party billboard campaign, has been blogging since September last year. As a political communication geek, I kept an eye on his site for the first month or so, but unfortunately neglected it before he published a lot of proofs of material – billboards, banners and newspaper ads for the ACT campaign, and a couple for National, many of which I’d not seen. His services were not in high demand for the 2008 election, but I think they should have been. Regardless of whether you agree with the policy positions these advocate, the point is to convey a message, and I think these do that job admirably. The parties currently outside government have a great deal to learn from those in government in this regard.

Click on this one, my nomination for Most Outrageous NZ Propaganda Image of 2008, for the whole lot. They’re worth it.

Just try to imagine the outcry if it had been hung from the Ghuznee St overpass.

L

Pen propaganda

datePosted on 12:22, February 17th, 2009 by Lew

Uniball: your first line of defence.

(Link)

A cracking example of someone trading on their TV reputation as someone lacking credulity in order to make you more credulous.

(Via Bruce Schneier, who points out that they haven’t even got their facts right, conflating checkwashing with identify theft.)

L

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