Harold Thomas (activist)
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Harold Joseph Thomas (born 1947), also known as Bundoo, is an
Aboriginal Australian Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...
artist and former activist, known for designing and copyrighting the Australian Aboriginal Flag. He claims to have designed the flag in 1971 as a symbol of the Aboriginal land rights movement, and in 1995 it was made an official "Flag of Australia". He later asserted
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
over his design, eventually transferring that copyright to the
Commonwealth of Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
and making it freely available for public use in January 2022.


Early life and education

Harold Joseph Thomas (Bundoo) was born in 1947 to a Wombai father and Luritja mother in
Alice Springs Alice Springs ( aer, Mparntwe) is the third-largest town in the Northern Territory of Australia. Known as Stuart until 31 August 1933, the name Alice Springs was given by surveyor William Whitfield Mills after Alice, Lady Todd (''née'' Al ...
,
Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
. He remembers drawing and painting on pieces of paper from an early age. At seven years old, he was removed from his family as part of the
Stolen Generations The Stolen Generations (also known as Stolen Children) were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian federal and state government agencies and church mis ...
and was raised in
South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
by a
foster family Foster care is a system in which a minor has been placed into a ward, group home (residential child care community, treatment center, etc.), or private home of a state- certified caregiver, referred to as a "foster parent" or with a family me ...
. In 1966, aged 17, Thomas won a scholarship to study at the South Australian School of Art, graduating with Honours in 1969, becoming the first Aboriginal person to graduate from an Australian art school. It was while he was studying that he became involved in the
civil rights movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...
. In 1968 he held his first exhibition of
watercolour Watercolor (American English) or watercolour (British English; see spelling differences), also ''aquarelle'' (; from Italian diminutive of Latin ''aqua'' "water"), is a painting method”Watercolor may be as old as art itself, going back to t ...
paintings in Adelaide, which was opened by then premier
Don Dunstan Donald Allan Dunstan (21 September 1926 – 6 February 1999) was an Australian politician who served as the 35th premier of South Australia from 1967 to 1968, and again from 1970 to 1979. He was a member of the House of Assembly (MHA) for th ...
.


Art practice and career

In 1970 he was the first Aboriginal person to be employed at the
South Australian Museum The South Australian Museum is a natural history museum and research institution in Adelaide, South Australia, founded in 1856 and owned by the Government of South Australia. It occupies a complex of buildings on North Terrace in the cultu ...
, working as a survey artist. This gave him access to a huge collection of Aboriginal artefacts as well as a wide range of art. His main artistic influences include painters Caravaggio,
Francisco Goya Francisco José de Goya y Lucientes (; ; 30 March 174616 April 1828) was a Spanish romantic painter and printmaker. He is considered the most important Spanish artist of the late 18th and early 19th centuries. His paintings, drawings, and e ...
and
Eugène Delacroix Ferdinand Victor Eugène Delacroix ( , ; 26 April 1798 – 13 August 1863) was a French Romantic artist regarded from the outset of his career as the leader of the French Romantic school.Noon, Patrick, et al., ''Crossing the Channel: Britis ...
. In 1972 he moved to the "
Top End The Top End of Australia's Northern Territory is a geographical region encompassing the northernmost section of the Northern Territory, which aside from the Cape York Peninsula is the northernmost part of the Australian continent. It covers a ra ...
", and started painting the landscape and wildlife, especially
watercolour Watercolor (American English) or watercolour (British English; see spelling differences), also ''aquarelle'' (; from Italian diminutive of Latin ''aqua'' "water"), is a painting method”Watercolor may be as old as art itself, going back to t ...
s. He changed his subject matter and style dramatically in 2016, when he started painting representations of Aboriginal people's first and subsequent contact with European colonisers, including the frontier wars. In 2016 his painting ''Tribal Abduction'', a scene of an Aboriginal baby being torn from their mother's breast by police, depicting a scene relating to the
Stolen Generations The Stolen Generations (also known as Stolen Children) were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian federal and state government agencies and church mis ...
(of which he is a member,) won the top prize of , the Telstra Art Award, in the 33rd
Telstra National Aboriginal and Torres Strait Islander Art Awards The National Aboriginal & Torres Strait Islander Art Award (NATSIAA) is Australia's longest running Indigenous art award. Established in 1984 as the National Aboriginal Art Award by the Museum and Art Gallery of the Northern Territory in Darwin, ...
(NATSIAAs).


Australian Aboriginal Flag

Thomas says he designed the flag in 1970 to lead a demonstration at the NADOC (now NAIDOC) march. It was first flown at a land rights rally on 9 July 1971 in
Adelaide Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...
,
South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
, as a symbol of the Aboriginal land rights movement. In 1972 it was adopted by the
Aboriginal Tent Embassy The Aboriginal Tent Embassy is a permanent protest occupation site as a focus for representing the political rights of Aboriginal Australians and Torres Strait Islander people. Established on 26 January (Australia Day) 1972, and celebrating i ...
in
Canberra Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The ci ...
. In 1991, he created a number watercolour paintings for a set of limited prints to celebrate 20 years of the flag. On 14 July 1995 the flag was made an official "Flag of Australia". In 1997 Thomas was involved in a high-profile case in the Federal Court and the High Court, to assert copyright over his design. The outcome was that he was declared the copyright owner of the flag's design, according to
Australian copyright law The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the ''Copyright Act 1968'' (as amended), which applies the ...
. In 2010 Thomas was involved in a dispute with
Google Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
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. 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. Thomas went on to give exclusive commercial rights to three companies, "one to reproduce flags, and the others to reproduce the image on objects and clothing". One of these companies, WAM Clothing, issued infringement notices to various organisations, including the
AFL AFL may refer to: Sports * American Football League (AFL), a name shared by several separate and unrelated professional American football leagues: ** American Football League (1926) (a.k.a. "AFL I"), first rival of the National Football Leagu ...
,
NRL The National Rugby League (NRL) is an Australasian rugby league club competition which contains clubs from New South Wales, Queensland, Victoria, the Australian Capital Territory and New Zealand. The NRL formed in 1998 as a joint partnership ...
, and Aboriginal
non-profits A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
. On 21 December 2021 Thomas created the authentic digital representation of the flag, minted as a
non-fungible token A non-fungible token (NFT) is a unique digital identifier that cannot be copied, substituted, or subdivided, that is recorded in a blockchain, and that is used to certify authenticity and ownership. The ownership of an NFT is recorded in the b ...
(NFT) to commemorate the 50th year of the flag. On 25 January 2022, after three years of negotiation, Thomas assigned the copyright of the flag to the Commonwealth of Australia, in a deal that makes it free for public use by anybody. He said he hoped that the democratisation of the flag would "provide comfort to all Aboriginal people and Australians to use the flag". In February 2022 it was revealed that the
Morrison government The Morrison government was the federal executive government of Australia, led by Prime Minister Scott Morrison of the Liberal Party of Australia, between 2018 and 2022. The Morrison government commenced on 24 August 2018, when it was sworn ...
paid m to Thomas to assume copyright. it also paid m to two non-Indigenous businesses who held licences to use the flag.


Other work

In 1972 Thomas illustrated ''Tales told to Kabbarli: Aboriginal legends collected by Daisy Bates'' (stories collected by author Daisy Bates, retold by Barbara Ker Wilson). He also did the illustrations for ''Jagardoo: Poems from Aboriginal Australia'' (1977), by Jack Davis, and ''Kurkali the Lizard'' (1994), a children's
picture book A picture book combines visual and verbal narratives in a book format, most often aimed at young children. With the narrative told primarily through text, they are distinct from comics, which do so primarily through sequential images. The images ...
by Charlie Stream. In 1973-4 he produced and directed a mythological play called ''Pelicans Dream''. In 1995 he was chair of the Northern Territory Stolen Generation Committee.


Recognition and awards

*1971:
honorary degree An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
in social anthropology from the
University of Adelaide The University of Adelaide (informally Adelaide University) is a public research university located in Adelaide, South Australia. Established in 1874, it is the third-oldest university in Australia. The university's main campus is located on N ...
*1984: work selected to hang in the inaugural NATSIAA award exhibition *1985: work selected to hang in the 2nd NATSIAA award exhibition *1987: official portrait artist for
Northern Territory Government The Government of the Northern Territory of Australia, also referred to as the Northern Territory Government, is the Australian territorial democratic administrative authority of the Northern Territory. The Government of Northern Territory wa ...
; paintings administrators and chief ministers put on display at
Parliament House, Darwin Parliament House in Darwin is Australia's newest Parliament Building. It has been the seat of the Northern Territory Legislative Assembly since 1994. Parliament House is located on State Square in the centre of Darwin, which is also the administr ...
*2016: ''Tribal Abduction'', Telstra Art Award, in the 33rd NATSIAAs *2017: ''Myal Creek Massacre'', a painting depicting the 1838
Myall Creek massacre The Myall Creek massacre was the killing of at least twenty-eight unarmed Indigenous Australians by twelve colonists on 10 June 1838 at the Myall Creek near the Gwydir River, in northern New South Wales. After two trials, seven of the twelve c ...
in
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, selected as a finalist in the NATSIAA Awards *2017: ''Tribal Abduction'' hung in the foyer of
Charles Darwin University Charles Darwin University (CDU) is an Australian public university with a main campus in Darwin and eight satellite campuses in some metropolitan and regional areas. It was established in 2003 after the merger of Northern Territory University ...


Personal life

Thomas has lived in
Humpty Doo Humpty Doo is a small town in Australia's Northern Territory, situated just south of the Arnhem Highway, approximately 40 km from Darwin. At the , Humpty Doo had a population of 4,380 people. Its local government area is Litchfield Munici ...
in Northern Territory, near Darwin, since the 1990s.


Selected exhibitions

*1986: ''New Works', Framed Gallery,
Darwin, Northern Territory Darwin ( ; Larrakia: ) is the capital city of the Northern Territory, Australia. With an estimated population of 147,255 as of 2019, the city contains the majority of the residents of the sparsely populated Northern Territory. It is the smalle ...
* 1987: ''Northern Light Birukmarri Gallery,
Fremantle Fremantle () () is a port city in Western Australia, located at the mouth of the Swan River in the metropolitan area of Perth, the state capital. Fremantle Harbour serves as the port of Perth. The Western Australian vernacular diminutive for ...
* 1990: group exhibition, ''Balance'' * 1990: ''Views, Visions, Influences'',
Queensland Art Gallery The Queensland Art Gallery (QAG) is an art museum located in South Bank, Brisbane, Queensland, Australia. The gallery is part of QAGOMA. It complements the Gallery of Modern Art (GOMA) building, situated only away. The Queensland Art Galler ...
,
Brisbane Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...
* 1991: prints, at
Tandanya The Tandanya National Aboriginal Cultural Institute, usually referred to as Tandanya, is an art museum located on Grenfell Street in Adelaide, South Australia. It specialises in promoting Indigenous Australian art, including visual art, music an ...
,
Adelaide Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...
, South Australia * 1991: prints, at
Sydney Opera House The Sydney Opera House is a multi-venue performing arts centre in Sydney. Located on the foreshore of Sydney Harbour, it is widely regarded as one of the world's most famous and distinctive buildings and a masterpiece of 20th-century architec ...
* 1993: 10th NATSIAA exhibition, Museum and Art Gallery of the Northern Territory; “Bungalo Boy" purchased by the museum


References


External links

* {{DEFAULTSORT:Thomas, Harold 1947 births Living people Flag designers Australian Aboriginal artists 20th-century Australian artists 21st-century Australian artists Indigenous Australians in the Northern Territory