Last month, da state House wen pass one resolution dat wen urge da formation of one working group fo’ talk story bout policies regarding Native Hawaiian intellectual property. House Concurrent Resolution 108 ??️ wen come about ’cause had plenny kine arguments on top stuff like cultural misappropriation, ownership an’ control between da kanaka maoli an’ oddah people using da ‘ike Hawaiʻi.
Plenny times, we see mainland companies opening businesses an’ using one Hawaiian name fo’ make more sales, even though dey no mo’ any kine connection to our culture. ?? Dat’s why we starting fo’ talk story on how fo’ malama an’ keep alive da Native Hawaiian culture, an’ prevent ’em from becoming one small kine token. ??️
Rep. Darius Kila wen decide fo’ bring up dis resolution aftah talking story wit one cultural practitioner, Zachary Lum. Lum wen tell Kila dat wen it comes to stuffs like cultural appropriation, he felt dat da problems was being addressed aftah da fact, not before. ?️?
Da resolution suggest one working group of nine people dat know plenny about Native Hawaiian law or Indigenous intellectual property or Native Hawaiian customs art, or who stay Native Hawaiian cultural practitioners. Da governor, da speaker of the House an’ da Senate president would each choose three members from a group of individuals nominated by some Native Hawaiian organizations. Da group would meet once a month fo’ talk story about potential policies. ?????
Had plenty people wen show support fo’ HCR 108 an’ wrote dat dey hope to see dis working group talk story about Native Hawaiian intellectual property issues dat wen come up in practices like hula an’ mele. ??
“In da Hawaiian music industry, get royalties fo’ make, but also get plenny homework fo’ do,” Lum said, who also stay da executive director of Kahuli Leo Leʻa an’ a 21-time Na Hoku Hanohano award winner. ??
But, no mo’ clear rules about these things make artists no like work with certain mele at all, taking away da chance fo’ da larger community fo’ learn an’ get da cultural value dat comes with da cultural practice, Lum said.
In da cultural practice of hula, halau are led by kumu hula who wen go through specific cultural protocols to earn their title. As hula gets more popular, Kila said dat some practitioners from oddah places wen call themselves kumu hula without going through dis protocol, while getting all da benefits of da title. ?♀️?️
Had same kine situations happen with da Hawaiian language too. One kine, which wen get noticed in da resolutions dat wen get passed, happened in 2018. Had one Chicago-based food chain called Aloha Poke Co., dat wen send out letters to poke shops all over, claiming they own da words “Aloha” and “Poke.” This wen make plenny people angry ’cause they felt da company no should own da words dat mean so much to our culture. ??️
“In da 21st century, as people take advantage of our aloha, I like give our communities more protection an’ legal rights ’cause I no like see our culture get all watered down,” Kila said. ?️?
Right now, Kila stay working fo’ set up one meeting between da Senate president, da House speaker, da governor an’ Lum. He like da formation of da group get okayed in da next couple months. ?️?
While getting da right kind bills on dis topic fo’ da future going take time an’ gotta work togedah, he think da group could start sending in legislative bills by 2025. ?⏳
Da whole idea behind da working group stay fo’ preserve an’ protect da culture an’ ‘ike Hawaiʻi, especially as more an’ more people come to know an’ appreciate da unique beauty of da Hawaiian culture an’ language. Da goal stay fo’ make sure dat da intellectual property rights of Native Hawaiians stay recognized an’ respected, an’ dat da culture stay alive an’ strong fo’ all da generations to come. ???
So, as da story unfolds, we stay watching to see how dis new resolution going impact da way we malama da intellectual property rights of Native Hawaiians. Stay tuned fo’ see how da story going turn out. ????️
NOW IN ENGLISH
??️ Working Group Sought to Safeguard Native Hawaiian Intellectual Property
The state House adopted a resolution last month, pushing for the establishment of a working group to discuss policies regarding Native Hawaiian intellectual property. This move comes in response to escalating disputes over issues such as cultural appropriation, ownership, and control between Indigenous populations and third-party users of Indigenous knowledge resources. ?️?
Representative Darius Kila (D, Nanakuli-Maili), who introduced the resolution, emphasized the necessity to confront the widespread cultural appropriation that has happened in various forms of language, art, hula, and traditions. He pointed out how mainland companies have been exploiting Hawaiian names to boost sales, despite having no authentic connection to the culture. The aim is to initiate a discussion on how to protect and conserve Native Hawaiian culture, and prevent its trivialization. ??
The decision to introduce the resolution came after Kila’s conversation with cultural practitioner Zachary Lum. Lum shared his concerns that issues like cultural appropriation were being addressed reactively, not proactively. ?️?
The resolution suggests the formation of a nine-person working group comprised of experts in Native Hawaiian law or Indigenous intellectual property, Native Hawaiian customs art, or those who are Native Hawaiian cultural practitioners. The governor, the House speaker, and the Senate president would each select three members from a group of individuals nominated by selected Native Hawaiian organizations. This group would meet monthly to discuss potential policies. ??
Supporters of the resolution hope that such a working group will address Native Hawaiian intellectual property issues that have cropped up in practices such as hula and mele. Zachary Lum, who also heads Kahuli Leo Le‘a and is a 21-time Na Hoku Hanohano award winner, noted that while there are royalties to be earned in the Hawaiian music industry, a significant amount of groundwork needs to be done. ??
For instance, Lum pointed out that Hawaiian mele often includes the repetition of words or phrases. However, the origins of these mele aren’t always known. Under Western laws, their use might be considered copyright infringement. But in Native Hawaiian culture, whether or not royalties are due can depend on many variables such as how the song is distributed or whether one is the publisher, the songwriter or neither. ??
The lack of clear guidelines on these issues has led artists to avoid engaging with certain mele altogether, thus denying the larger community of the educational and cultural value that comes with the cultural practice. Lum noted that as hula becomes more widely practiced, some practitioners from outside the state have claimed the title of kumu hula without adhering to the required cultural protocols, while reaping the benefits of the title. ??
Similar situations have been observed with the Hawaiian language. A notable incident occurred in 2018 when a Chicago-based food chain called Aloha Poke Co. issued cease-and-desist letters to poke shops across the country, claiming ownership of the words “Aloha” and “Poke”. This claim sparked outrage in many who felt the company should not be able to claim ownership of these culturally significant words. ??️
Currently, Kila is organizing a meeting between the Senate president, the House speaker, the governor, and Lum, with the hope that the formation of the group will be authorized in the coming months. While drafting effective bills on this topic will take time and collaboration, he expects the group could start submitting legislative bills by 2025. ?️?
The primary aim behind the working group is to preserve and protect Hawaiian culture and knowledge, especially as more people come to appreciate and engage with it. Kila highlights that it’s not in the Hawaiian way to monetize everything. However, in the 21st century, as people have increasingly taken advantage of their generosity, he hopes to provide their communities with more safeguards and legal protections to prevent the dilution of their rich culture. ?️?
Indeed, as the story unfolds, the proposed working group appears to be an essential step towards honoring and preserving Native Hawaiian intellectual property. It serves as an opportunity for Native Hawaiian organizations to proactively address cultural appropriation and ownership disputes, providing a platform for discussion, understanding, and collaborative policy-making. ??
As the world increasingly recognizes the value and richness of Indigenous cultures, it’s crucial that measures are taken to ensure these cultures are respected and protected. This is particularly true for the Native Hawaiian culture, which has a profound history and depth that cannot be commodified. With the proposed working group, the hope is that Native Hawaiian intellectual property rights will be better protected, fostering a greater appreciation and understanding of this vibrant culture. ??
These efforts also underline the importance of respect for all cultures, particularly in a globalized world where cultural exchange is commonplace. This proposed working group could be a model for other Indigenous communities worldwide, demonstrating a proactive and respectful approach to preserving and protecting cultural heritage. ??️
As we look to the future, it’s clear that these discussions and actions are not only vital for the protection of Native Hawaiian culture but also for the promotion of cultural diversity and mutual respect on a global scale. The outcome of these efforts will undoubtedly make a significant impact on the preservation of Native Hawaiian intellectual property, and set a precedent for the protection of Indigenous knowledge and culture worldwide. ??
In this respect, the resolution represents a significant milestone in the journey towards a more inclusive and respectful understanding of Native Hawaiian culture and intellectual property. It’s a step towards ensuring that the cultural heritage of the Native Hawaiian people is preserved, respected, and celebrated, now and in the future. ??️
In conclusion, the adoption of the resolution and the potential establishment of a working group could mark a new era in the protection of Native Hawaiian intellectual property. It’s a demonstration of a collective commitment to preserving the rich cultural heritage of the Native Hawaiian people, and a recognition of the importance of proactively addressing the challenges of cultural appropriation and ownership in the 21st century. ?️?
