Harold Joseph Thomas is an
Indigenous AustralianIndigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
descended from the
LuritjaLuritja is a name used to refer to several dialects of the Indigenous Australian Western Desert Language, and thereby also to the people who speak these varieties, and their traditional lands.-Origin and meaning of Luritja:...
people of
Central AustraliaCentral Australia/Alice Springs Region is one of the five regions in the Northern Territory. The term Central Australia is used to describe an area centred on Alice Springs in Australia. It is sometimes referred to as Centralia; likewise the people of the area are sometimes called Centralians...
. An artist and
land rightsLand law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these species of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important...
activist, he is best known for designing and copyrighting the
Australian Aboriginal FlagThe Australian Aboriginal Flag is a flag that represents Indigenous Australians. It is one of the official "Flags of Australia", and holds special legal and political status, but it is not the "Australian National Flag"...
.
Thomas designed the flag in 1971 as a symbol of the Indigenous land rights movement. In 1995 the flag was made an official "Flag of Australia". Later he was involved in a high-profile case in the
Federal CourtThe Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and the
High CourtThe High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, to assert
copyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
over his design.
2010 Dispute
In 2010 Thomas was involved in a dispute with Google over its intended use of an 11 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 Indigenous people, he charged a fee to commercial operations. He described Google's subsequent offer as a "pittance".