《歡樂飲酒歌》國際侵權訴訟案

李道明｜國立臺北藝術大學電影創作學系名譽教授
黃亞歷｜《日曜日式散步者》導演
熊儒賢｜野火樂集 Wild Fire Music, Taiwan 總監
——專文推薦

「為什麼奧運用了我的歌卻沒告訴我？」
因聽到奧運的報導而發現背景音樂是郭英男自己的聲音而開啟了一場長達三年的國際侵權爭訟。

《歡樂飲酒歌》一曲在台東阿美族傳唱已久，但走出部落罕為人知……。因為樂音歌聲採集，進而被國外樂團盜用，後遭奧委會作為宣傳曲。對演唱者來說，登上奧運殿堂讓部落音樂被世界聽見原是可喜，然而也憂慮為何權益不受重視？
蘭天律師回憶當年這場跨國訴訟案，從侵權事件爆發到決定訴訟，從台灣發聲到訴諸國際媒體，而這場國際訴訟案更催生了「原住民族傳統智慧創作保護條例」，增訂著作權法保障表演著作的立法例。

全書以中／英文梳理案件，還原事實，交代侵權責任，以正視聽。

Elders Drinking Song: International Litigation on Copyright Infringement
—Taiwan aboriginal v. Atlanta Olympics

Huang Shiu-Lan

Content Introduction

Lee Daw Ming, Professor Emeritus of Taipei National University of the Arts
Ya-Li Huang, Director of the Film ‘’Le Moulin‘’
Xiong Ru Xian, The director of Wild Fire Music, Taiwan
—Sincerely recommended

‘’Why does the Olympics use my voice without telling me?’’

Since Difang Duana heard the Olympics music on the radio and immediately recognized it was his voice in the background. And started this three-year international copyright infringement litigation.

“Elders Drinking Song”, this Amis song, has been passed down for centuries but is rarely known outside. In the beginning, a professor in Ethnomusicology discovered this song during his fieldwork on folk music. Then a foreign band sampled the song into a new song composition and was chosen as the Atlanta Olympics promo song. For the singers, it was gratifying to be heard in the Olympics and let tribal music be known by the world, but they were also worried about why their rights are not valued.

This book was written by Huang Shiu-Lan lawyer, who joined the lawsuit, she recalls the ''Elders Drinking Song'' international infringement lawsuit. From the outbreak of the infringement incident to the decision to litigate, speak out from Taiwan to the international media. This transnational lawsuit prompted Taiwan's lawmakers to put a new law in place: "Protection Act for The Traditional Intellectual Creations of Indigenous Peoples." and add an article protecting "performance" as an independent copyrighted work.