An artist who painted a mural of Murray Ball's well-known Footrot Flats characters Wal and Dog told the late cartoonist's family he would not go ahead with the work if he could not use his version of their likenesses.
The Manawatū District Council had this wall which contained a mural of Murray Ball's well-known Footrot Flats characters Wal and Dog painted over after the Ball family said they had not given their permission for it to be used. Photo: RNZ / Jimmy Ellingham
Despite this he painted the mural, telling officials who oversaw the work on a wall in the Manawatū town of Feilding he had permission from Murray Ball's family.
He did not.
Just over a month later Murray Ball's family learned about the mural and, after they complained to the Manawatū District Council, it was painted over.
Correspondence released to RNZ shows the artist, Ephraim Russell, contacted the Ball family on 31 January to seek copyright permission for his work, to be unveiled during the Manawatū Street Art Festival.
Murray Ball, who died aged 78 in 2017, was born in Feilding and is celebrated as one of the town's favourite sons.
Russell is originally from Gisborne, where Murray Ball lived for decades before his death, but is now based in Feilding.
Russell sent through the concept of his design, which was a modern take on Wal, showing him wearing sunglasses and Airpods. In a nod to Covid Wal had a plaster on his arm after receiving a vaccination.
On 1 February, Murray Ball's son Gareth responded saying the family would not give permission for that design.
"It is not (yet) an accurate likeness of either character," Gareth Ball wrote. "While we understand that you would like to modernise the characters, Murray wouldn't want Wal to appear like this.
"He is a traditional farmer and is less than likely to look cool or, as I see it here, a little staunch and aloof."
Gareth Ball said his father never gave consent to others to draw the Footrot Flats characters, apart from for the Footrot Flats film. Photo: Supplied
Gareth Ball said the reference to Covid could be lost in time, and Dog's ears should be black not white.
He said the family would be happy to look at a different version, explaining "these are treasured and iconic characters that need to retain their original integrity".
After further correspondence, in mid-February Gareth Ball wrote to Russell, suggesting he take the characters straight from Murray Ball's work, saying his father never gave consent to others to draw them, apart from for the Footrot Flats film.
He also asked for a copyright acknowledgement accompanying the mural.
"If you're still intent on using your own interpretative artwork then our consent will not be given."
On 14 February, Russell replied saying he would not go ahead with the project if he could not use his version of the characters.
"However, Murray's reasoning and consenting with his work are understandable, and I can respect those wishes.
"I don't think a reproduced version would work well with how I envisioned this project, with a theme based around 'new life'- whakahaumanu."
Gareth Ball told RNZ there was no further correspondence with Russell, but the artist went ahead with the mural.
RNZ's attempts to contact Russell have been unsuccessful.
A month later, when the Ball family became aware of the mural, they contacted the council saying permission was not given to Russell to proceed with his design.
Changes were made to the mural, but Gareth Ball reiterated to the council the family were not happy with the mural and wanted it removed.
"It doesn't matter that he has made changes. We still don't like it and don't want it there... The fact that Mr Russell ignored our opinions and went ahead with this is completely unacceptable."
Gareth Ball sought an explanation from Russell, who he said had avoided contact, and the council.
Council community general manager Lyn Daly responded with an apology, saying Russell had told festival organisers he had permission from the family, which he did not.
"We will make contact at some point and we want to make sure that he learns about the seriousness of the misrepresentation and lack of consent as a result of this experience."
She suggested further changes could be made to the mural, or it could be painted over. Gareth Ball requested the latter. This happened the next day, 19 March.
A letter to Russell from the council on 22 March said it was withholding 75 percent of his $5000 fee.
The letter said the street art festival working party had seen the correspondence between Russell and the Ball family, including where he said he would not go ahead with the work.
"We were therefore somewhat surprised to find that even though you had said this to the Ball family you still went ahead and painted the mural.
"Whilst recognising the immense talent that you possess, it is unfortunate that the working party was left with no option but to cover over your work to appease the Ball family's request."
Also on 22 March, the council issued a press statement, saying the mural had been removed.
"The organisers of the festival were under the impression that the right permissions had been obtained, however, this wasn't the case and so the mural was in breach of copyright," it said.
The release said the festival, where other murals were also unveiled, received $26,000 from Creative New Zealand and $10,000 from the council.
The next day, Daly told RNZ's Checkpoint the mural was painted over because the owner of the copyright, the Ball family, had not given their permission.
"Certainly, as organisers we should have asked for written, signed permission before we gave the artist the go ahead."
Daly told RNZ this week Russell had "verbally confirmed" he had permission from the Ball family for the design before he signed and returned his contract.
The festival's artists were selected by the working party, which included council and arts society representatives.
Gareth Ball said his family found out about the mural when a post appeared on a Footrot Flats fan webpage.
"We were very surprised and I immediately tried to contact Ephraim. There was no reply," he said.
"As a young artist he may simply have been unaware of protocols surrounding using other artists' IP [intellectual property] and the last thing we would want is for him to be discouraged or otherwise impacted by this event."
Gareth Ball said the family were regularly approached by people who had ideas about using Murray Ball's work.
"The first and only thing we consider is: 'What would Murray say?'
"If we were to approve such a project we would insist on an agreement that would prevent the work from being used in any other way. It would be easy for an artist to claim ownership of their work and seek to reproduce it, or capitalise on it, without such a contract being in place."
The council was apologetic and the Ball family had a good relationship with it.
Gareth Ball said he had spoken to Manawatū District mayor Helen Worboys and would be delighted to see his father's work continue to be celebrated in Feilding.
Two years ago a small street was named after him; Feilding had used Footrot Flats as a theme for its annual agricultural day; and a Welcome to Feilding sign had shown Dog relaxing on the back of sheep.
The mural was on a wall off Eyre Street, in central Feilding.
