Wayside Chapel mural whitewashed

BY ELIOT BARHAM

An Aboriginal flag has replaced a mural at the Wayside Chapel that celebrated the indigenous social justice movement, but experts say the new painting may breach copyright.

The wall featured portraits of indigenous activists Eddie Mabo, Mum Shirl, Faith Bandler, Charles Perkins and Vincent Lingiari, but was destroyed by the Wayside Chapel who wrongly claim proper permission was not sort by the families.

Now, in somewhat of an ironic twist, a legal expert contacted by City Hub says the aboriginal flag is under copyright, leaving the organisation open to legal action unless proper permission was sought.

“It will come as a surprise to many, but the aboriginal flag is protected under copyright law,” said Melbourne lawyer, copyright expert and author of ‘Owning It: A Creative’s Guide to Copyright, Contracts and the Law’ Sharon Givoni.

“So long as the work is original and in material form- then it’s generally protected under copyright. The ultimate effect of this means you’re not able to reproduce something without permission,” she said.

Since 1997, Harold Thomas has been the legal owner of the copyright in the design of the Aboriginal flag.

Wayside Chapel would not comment on the mural, however a breach would mean the organisation destroyed the copyright of Etienne Cohen and Edward Paul Davis, the two original artists, and replaced it with a work that breaches the copyright and provisions of the Aboriginal flag.

In a strange move for the organisation, Wayside had their own Aboriginal Project Officer, William Gordon, paint the flag.

Following a successful career as a professional footballer with the ACT Brumbies and the Sydney Rabbitohs, Mr Gordon has worked for the Wayside Chapel, assisting them with their work with Aboriginal and Torres Strait Islander people.

In a statement for the organisation, he said: “The flag we’ve put up on the wall of The Wayside Chapel Bondi is a symbol of us moving forward, not only from the old mural, but towards the redevelopment of the new building.”

Mr Gordon described the flag as the start of “bigger things to come,” and promised a “much larger” piece of art for the new Wayside space.

“We’ll be bringing lots of different people and storylines together, and acknowledging these communities coming together,” he said.

But communications strategist, David Keig, is disappointed by Wayside’s so called ‘commissioning’ of Mr Gordon to paint the flag.

“The deception is more important than his credentials… the failure to disclose that he is a long term Wayside employee, and as such, the word ‘comissioned’ is misleading and suspicious,” he said.

The removal of the original mural has still left many of its supporters disappointed and unconvinced.

“The painting of an Aboriginal flag where the mural used to be is adding insult to injury,” said Mr Keig.

“It smacks of cynical tokenism and is a shallow PR stunt. It shows so little respect to the Indigenous community that it leaves me almost speechless,” he said.

Greens councillor Dominic Wy Kanak tried to maintain a more positive tone, saying the incident provides an opportunity to inspire young indigenous kids. “Let this be an inspiration to the youth. Don’t get sad, don’t get angry, get inspired!”