Harold Thomas (activist)

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Harold Joseph Thomas
Harold Thomas, creator of the Aboriginal Flag.JPG
Thomas with Jane Lomax-Smith in Adelaide commemorating the 30th anniversary of the Australian Aboriginal Flag, 8 July 2001.
Born1947 (age 7475)
Alma mater South Australian School of Art
Notable work
Australian Aboriginal Flag

Harold Joseph Thomas (born 1947) is an Aboriginal Australian artist and activist descended from the Luritja people of Central Australia. He designed and copyrighted the Australian Aboriginal Flag. [1] [2]

Contents

Thomas designed the flag in 1971 as a symbol of the Aboriginal land rights movement. In 1995 the flag was made an official "Flag of Australia". He was later involved in a high-profile case in the Federal Court and the High Court, to assert copyright over his design. [3]

Life

Thomas was born in 1947 to a Wombai father and Luritja mother in Alice Springs, Northern Territory. At seven years old, he was removed from his family as part of the Stolen Generations and was raised in South Australia. [2]

In 1965 Thomas won a scholarship to study at the South Australian School of Art. He graduated with Honours in 1969. His main influences include painters Caravaggio, Francisco Goya and Eugène Delacroix.

In 2016 his painting Tribal Abduction, a scene of an Aboriginal baby being torn by police from its mother's breast, won the top prize of $50,000, the Telstra Art Award, in the 33rd Telstra National Aboriginal and Torres Strait Islander Art Awards (NATSIAAs). [4] [5] [6]

Thomas has lived in Humpty Doo in Northern Territory, near Darwin, since the 1990s. [2]

Australian Aboriginal Flag

The Australian Aboriginal Flag as designed by Harold Thomas. Australian Aboriginal Flag.svg
The Australian Aboriginal Flag as designed by Harold Thomas.

In 2010 Thomas was involved in a dispute with Google over its intended use of a 12-year-old Australian girl's artwork incorporating the Australian Aboriginal Flag into its logo. Thomas refused to allow Google to use the image featuring the flag after negotiations over compensation failed, resulting in a modified design in which the flag was not used. Thomas claimed that Google had opened negotiations with a request for free use of the flag and, while he allowed free use to non-commercial operations that gave health, educational, legal and other assistance to Aboriginal people, he charged a fee to commercial operations. He described Google's subsequent offer as a "pittance". [7]

Thomas has since given exclusive commercial rights to three companies, "one to reproduce flags, and the others to reproduce the image on objects and clothing". [8] One of these companies, WAM Clothing, have issued infringement notices to various organisations, including the AFL, NRL, and Aboriginal non-profits. [9]

On 25 January 2022, following a $20.5 mil AUD payment, Thomas assigned the copyright of the flag to the Commonwealth of Australia. He also created the authentic digital representation of the flag, minted as a non-fungible token (NFT) on December 21, 2021, to commemorate the 50th year of the flag. [10] [9]

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References

  1. "Harold Thomas – Creator of the Aboriginal Flag". ABC. 25 March 2002. Archived from the original on 6 June 2014. Retrieved 15 July 2014.
  2. 1 2 3 "The man behind the iconic flag now free for all Australians: Who is Harold Thomas?". ABC News. 25 January 2022. Retrieved 25 January 2022.
  3. "Federal Court declares Aboriginal artist owner of copyright in Aboriginal flag" (PDF). Australian Copyright Council. May 1997. Archived from the original (PDF) on 27 September 2007. Retrieved 15 July 2014.
  4. Cuthbertson, Debbie (5 August 2016). "Harold Thomas wins $50,000 Indigenous art award with stolen generations painting". Sydney Morning Herald. Retrieved 7 August 2016.
  5. Harmon, Steph (6 August 2016). "The truth hurts – Harold Thomas wins award with Aboriginal art that is raw and real". The Guardian. Retrieved 6 August 2016.
  6. Telstra National Aboriginal and Torres Strait Islander Art Awards 2016.
  7. Moses, Asher (26 January 2010). "Google Doodle For Australia Day Missing Aboriginal Flag". The Sydney Morning Herald. Retrieved 15 July 2014.
  8. Higgins, Indigenous Affairs reporter Isabella (11 June 2019). "Football codes, Aboriginal designers told to stop using Aboriginal flag over copyright use". ABC News. Retrieved 11 June 2019.
  9. 1 2 "Aboriginal flag quietly turns 50 amid last-minute date change and copyright dispute". the Guardian. 12 July 2021. Retrieved 13 July 2021.
  10. Thomas, Harold (25 January 2022). "I created the Aboriginal flag as a symbol of unity and pride". Sydney Morning Herald. Retrieved 25 January 2022.