Turkey Looks To Copyright Its National Anthem After German Collection Society Tries To Collect Royalties For It

from the copyright-gone-wrong dept

In general, we're no fan of collection societies, which have some pretty serious unintended consequences, often harming up and coming musicians while funneling money to the largest acts. However, I can't recall a collection society as aggressive and as expansionist as GEMA in Germany. When I was in Germany earlier this year, I had multiple musicians tell me how all-controlling GEMA is. Basically, if you want to use GEMA for just about anything, you effectively abdicate pretty much all of your rights to your music to GEMA. Two separate musicians showed me how they had secret websites where fans could download their music, because GEMA wouldn't let them give away their own music for free under a Creative Commons license.

So, I'm not too surprised to hear reports that the Turkish government is now scrambling to try to copyright its own national anthem after hearing that GEMA tried to collect royalties on it. The story is a bit confusing but it appears that GEMA, in standard collection society fashion, demanded that a Turkish school in Germany pay up for performing music. The school responded that the only music that was performed was the Turkish national anthem. This is where some of the dispute comes in. It appears that GEMA believes other covered music was also performed, and its asking for royalties from that and saying it never meant to collect for the Turkish national anthem. However, the school insists that was the only song performed -- so it went to the Turkish Culture Minister to ask for help. At that point, the Turkish government realized that there simply was no copyright on the song.

Now, here's where the Turkish government also went wrong. It could have just declared the Turkish national anthem in the public domain and told GEMA to shove off. But, instead, it took the backwards-looking step of trying to retroactively copyright the national anthem. Of course, that may open up a different can of worms. The report at Spiegel notes that, technically, the heirs of the songwriter (who died in 1958) might actually be more entitled to the copyright and any royalties than the Turkish government.

So, by rushing to secure the copyright, Turkey may end up with more trouble on its hands. It's difficult to believe that a copyright makes sense for any national anthem. Just put it in the public domain and let anyone sing it.

Filed Under: copyright, germany, national anthem, turkey
Companies: gema

Canadian Olympic Committee Tries To Trademark Lyric From National Anthem

from the now-that's-chutzpah dept

We were just talking about how the UK had granted all sorts of extraordinary trademark rights to the Olympics for the 2012 games, but the same is true in Canada. Last year, we had reported on similar special trademark rights given to the Olympics for the games in Vancouver in 2010. However, now the Canadian Olympic Committee is taking it to another level. Reader Michael_S alerts us to the news that the Olympic Committee is trying to trademark a line from the Canadian national anthem, "O, Canada." Specifically, it's applying for a trademark on "with glowing hearts," which comes from the song's lyric: "With glowing hearts we see thee rise, the true North strong and free." Even more ridiculous is the list of products that the Olympic Committee claims its trademark would cover: "laundry bleach, diesel fuel, dietary supplements, key chains, belt buckles knapsacks, bobble-head dolls, bathrobes, edible fats and beer." Is the Olympic committee planning to sell diesel fuel under the brand "with glowing hearts"?

Filed Under: canada, national anthem, olympics, trademark

Ugandan Composer Wants Royalties For The National Anthem

from the welcome-to-ownership-culture dept

One of the unfortunate byproducts of a culture that teaches us that something like a song can be "owned" and that each time it's played the "owner" needs to get paid, is you end up with situations like the following one, where the composer of Uganda's national anthem is suing the government for copyright infringement, claiming it owes him royalties for every time the song has been played by the government. Without knowing the details of Ugandan copyright law, there's a bit of a problem in that it appears the government did pay him (not very much) initially for composing the song, which would suggest that it was a work for hire, and he shouldn't have retained the copyright. However, from the sound of things, that wasn't particularly explicit. Either way, it sounds like cold hard cash outweighs national pride -- though, it is odd that the guy waited 45 years before suddenly realizing that he should get paid.

Filed Under: copyright, national anthem, royalties, uganda