State Film Commissioner Donne Dawson hit a nerve with the assertion that filmmaker Cameron Crowe should have sought permission to use "Aloha" as the title of his new movie, because the word is imbued with far deeper meaning than its commercialized overuse as a term of goodwill implies.

The instant reaction among those who scoffed at the idea: Seek permission from whom? What about free speech and unfettered artistic expression? Not to mention that the Hawaiian word long ago entered the English lexicon and is used to market everything from auto parts to plumbing supplies  — how could that be sacred? — even apart from its most obvious use as a buzzword in the tourism industry that is the state’s economic engine.

A more reflective question is not whom, but why. Why should permission be sought? Why does it matter how indigenous people, language, culture and values are portrayed in popular American culture? Why should that matter to everyone who lives in Hawaii, or who says that they love Hawaii, and not only to kanaka maoli?

"I think it is important to ask in all of these cases, ‘who is making these decisions and who is benefiting from this use of culture?,’ whether it’s language, an art form or a practice. And if it’s not the people from whom these words or cultural practices originate, then in most cases it is a theft, a misappropriation," said Ty Kawika Tengan, an associate professor of anthropology and ethnic studies at the University of Hawaii-Manoa and chairman of the latter department.

When misappropriation occurs, "it disempowers the indigenous culture and disguises a history of oppression, which in Hawaii is a loss of sovereignty and land," said Tengan, whose multicultural heritage includes Native Hawaiian ancestry. "The tourism industry and military have consistently hidden through the idea of aloha that everything is OK here, like there’s no problems in paradise. Aloha becomes a commodity. This all goes beyond one movie, of course."

At a Los Angeles screening after criticism arose about the portrayal of Hawaiian culture and lack of nonwhite actors in leading roles, writer-director Crowe described the film as a "love letter" to Hawaii.

Love letters are generally written from a distance, Tengan noted. And while the meaning of aloha is universally claimed to be understood, the depth of understanding is limited, and aloha’s companion value, kuleana, is often overlooked altogether.

"Kuleana is about responsibilities and rights. When we bring that into the discussion, it is about who has the responsibilities and rights to tell these stories. It doesn’t have to be a Native Hawaiian who does it, but it should come from a sense of kuleana, which often flows from community," Tengan said. "People who are seriously invested in telling a Hawaiian story should think about kuleana. Then they would be thinking about not only the title, but also the story, the characters, who plays those characters, all of that. In general, if you are going to have a story about an indigenous place, indigenous people need to have the authority to say yes or no and to have kuleana for telling these stories."

Dawson said it was this cultural protocol that she was thinking about when she cited the need for permission, not an official censor to pass judgment. "I think people are overemphasizing the word permission. It is simply out of courtesy and respect for the native people of this land to seek advice and counsel," said Dawson, who is part Hawaiian. "They come to Hawaii and they want to tell stories that pertain to us and I don’t think there’s anything wrong with making sure that they have as much information as possible to do the best possible job they can."

Although Dawson did not have direct contact with Crowe regarding this production, she said she has engaged many directors during the years she has headed the Hawaii Film Office, which promotes and facilitates movie and television production in the state. Highlighting cultural sensitivities has always been part of her job, and she generally offers directors reading material including Gavan Daws’ "Shoal of Time"; Liliuokalani’s 1897 biography, "Hawaii’s Story by Hawaii’s Queen"; "The Illustrated Atlas of Hawaii"; a Hawaiian-language pocket dictionary and other relevant information.

Most productions, including "Aloha," receive tax credits for filming in Hawaii, which Dawson’s office administers. They must receive permission to film on Hawaii property, whether the land is public or private, "so if you are getting permission to use a location, what is so different about getting permission to represent a people or an aspect of their culture?"

Worldwide, indigenous cultures have sought to exert intellectual property rights over portrayals of their people and culture, with mixed success. The Navajo Nation, for example, owns nearly 100 U.S. federal trademarks protecting its arts, crafts and cultural traditions. The Maori people have sought in recent years to enact similar protections in New Zealand. Similar efforts have percolated in Hawaii for years but not reached fruition. The controversy last year over a phone app called Hula that encouraged users to get tested for sexually transmitted diseases and share their results with potential sex partners reinvigorated the call for Hawaiians to gain control over cultural representations. The app maker ultimately changed the name due to public pressure, not a perceived legal violation.

In the production notes for "Aloha," Crowe says that "everybody has a very easy, simple perception of Hawaii, but it’s so much more complex and deep and magical, loving, real, and passionate, and filled with secrets, than most people can even imagine. The story is so truly about Hawaii, and what Hawaii does to you, and how it fulfills you. It doesn’t exist without Hawaii. Hawaii represented the constant surprise of life and humanity and what happens to people over time. I wanted to create a group of characters living there who are both influenced by their environment and influence their environment at the same time."

Whatever Crowe’s intentions, any viewer with even a passing knowledge of Hawaiian culture, language and values will cringe at Emma Stone’s depiction of a part-Hawaiian fighter pilot who mangles Hawaiian pronunciations and fails to convey the profound attachment to the land, sky, sea and ancestry that her character espouses. Those lacking any such grounding, though, might leave the theater thinking they’ve seen an authentic depiction of Hawaiian identity, which pains people such as Nanette Napoleon, a freelance historical researcher and writer.

While Napoleon is concerned about cultural misappropriation in general and has specifically opposed commodification of Hawaiian icons such as the war god Ku, she wasn’t bothered by the movie title "Aloha" because "this is a word that is in such broad use and has so many different contexts and meanings for different people." But she was troubled by Stone’s character and disappointed that the Hawaiian music and hula presented in the movie, while excellent and authentic, were once again relegated to the background.

"Emma Stone’s character was supposed to be hapa-Hawaiian but she was a very poor representation of what it means to be a Hawaiian woman. Her whole demeanor was just wrong. It was an immature caricature," said Napoleon. "I didn’t have any sense that she had any understanding at all of the words she was saying. She said the words but I didn’t feel it. And I think it’s because she’s not Hawaiian. She’s not from Hawaii. How can you instill that in someone who has no connection to Hawaii, period?"

Oddly enough, Crowe posted on his Facebook page Thursday that Stone’s character, Air Force Capt. Allison Ng, was modeled on Greta Garbo’s no-nonsense Russian envoy in the 1939 romantic comedy "Ninotchka" — this despite dialogue throughout "Aloha" emphasizing the character’s one-quarter Hawaiian heritage and the fact that the character expounds on Hawaiian beliefs throughout the film.

Locally, Crowe’s biggest defender may be Hawaiian nationalist Dennis "Bumpy" Kanahele, who plays himself in a supporting role filmed at his group’s Waimanalo compound. Kanahele, who comes off as perhaps the most believable "character" in the movie, gives voice to a sovereignty movement rarely seen on the big screen, especially in a big-budget Hollywood movie. Kanahele has said Crowe did not seek his advice on the movie’s title, but did consult on Hawaiian issues portrayed in a subplot that has the U.S. military intersecting with the native population. Kanahele has said he is satisfied with the final film, which includes scenes of him wearing a T-shirt with the slogan "Hawaiian by birth, American by force," referring to the 1893 overthrow of Queen Liliuokalani and telling the U.S. military contractor played by Bradley Cooper, "you’re on the wrong side, brah." Kanahele also is referred to as king in the film, a title he does not claim in real life, as leader of the self-styled Nation of Hawaii.

Napoleon herself prefers the nation-within-a-nation model of limited Hawaiian self-rule conveyed via U.S. federal recognition, as envisioned in the failed Akaka Bill, but one of her brothers lives at Pu’uhonua o Waimanalo, nicknamed "Bumpy’s Village," and makes a brief appearance in the film. "My brother and I both agree that a major important part of the movie was just in getting all that out there to a wider audience. Bumpy being on as himself and representing what he represents was a quantum leap forward in terms of portraying Hawaiian issues as they are today," she said. "Whether that makes up for all (the weak points), well, at least there was something that was good about it."

That Native Hawaiians are left to settle for someone else’s interpretation and hope for the best gets to the core of why it’s so important for them to tell their own stories, said Tengan and Dawson. 

Less than a century after the Native Hawaiian population teetered on the brink of extinction, the culture is flourishing. The aloha spirit is most palpable in tandem with equally powerful beliefs, as in aloha aina, "this patriotism, this love for the land, that is expressed throughout the generations," said Tengan, and kapu aloha, the nonviolent resistance practiced by Native Hawaiians and others seeking to stop construction of the Thirty Meter Telescope on Mauna Kea on the island of Hawaii.

"For me, it’s impossible to talk about aloha without talking about aloha aina and kapu aloha and what the protectors are doing" on Mauna Kea. 

"Aloha is a practice; you need to put it into practice. Part of the problem is that there is this deep desire among Native Hawaiians to express aloha freely, but with the history of colonial occupation in Hawaii, they know it won’t be returned in the same way it is given," he said. "Part of the fallacy is to see Native Hawaiian issues as only important to Native Hawaiians. It is important to all of us in Hawaii because these essential questions of sovereignty and land and relationships remain unsettled. … A movie, or even a movie title, reveals these divisions."

What Aloha means to the statute

Aloha is the essence of life, and has been enshrined in state law as a guide for all human interactions. HRS [§ 5-7.5] adopts the explanation inspired by the late kupuna Aunty Pilahi Paki, who coined a mnemonic that uses the word aloha to describe its characteristic traits. According to the statute:

(a) "Aloha Spirit" is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, "Aloha," the following unuhi laula loa may be used:

“Akahai,” meaning kindness to be expressed with tenderness;

“Lokahi,” meaning unity, to be expressed with harmony;

“Oluolu,” meaning agreeable, to be expressed with pleasantness;

“Haahaa,” meaning humility, to be expressed with modesty;

“Ahonui,” meaning patience, to be expressed with perseverance.

These are traits of character that express the charm, warmth and sincerity of Hawaii’s people. It was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawaii. “Aloha” is more than a word of greeting or farewell or a salutation. “Aloha” means mutual regard and affection and extends warmth in caring with no obligation in return. “Aloha” is the essence of relationships in which each person is important to every other person for collective existence. “Aloha” means to hear what is not said, to see what cannot be seen and to know the unknowable.

(b) In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations and service to the people, the legislature, governor, lieutenant governor, executive officers of each department, the chief justice, associate justices, and judges of the appellate, circuit, and district courts may contemplate and reside with the life force and give consideration to the "Aloha Spirit.”