‘’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.
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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
Lawyer Lan, the pen name of Huang Shiu-Lan (Jully Huang), is a native of Taichung and has been in private practice in Taiwan for over 20 years. In her younger years, literature and history were her happy pursuits, and it was by chance that she found her way into the field of law. Years spent in the courtroom and at the contract negotiation table have allowed her to see the ins and outs of her clients' lives, experience the darkness of human nature, and ponder the pace and will of the universe. Often, in the course of litigation and disputes, Lawyer Lan holds the client's hand through difficult times, helping to clarify the real expectations of the parties and guiding them on the right path to resolution in conflicts of a cultural and creative nature. As a result, her intervention helps creators repair or end business relationships and open new chapters in their lives. Lawyer Lan balances the stress of her legal practice with a healthy spiritual dose of travelling, writing, enjoying ancient artifacts, and watching movies and TV shows. In recent years, she has been teaching "Intellectual Property Rights and Contract Negotiation" in the post-graduate program of the Department of Filmmaking at the National Taiwan University of the Arts, serving as an associate professor. When she isn’t working, she’ll likely read or write, sharing her insights into the legal world.
Content
Forward-Lee Daw Ming, Professor
How I Come to know Lawyer Huang Shiu Lan
Forward-Ya-Li Huang, Film Director
Rethinking the Relationship between Culture and Law
Forward-Xiong Ru Xian, The director of Wild Fire Music
What Follows the War of Honor
Preface
Elders Drinking Song -Everlasting Melody Is Never Gone
1.Disclose the Hidden Voice from East Coast Taiwan
Why My Voice on TV ?
Whose Voice is This ?
Is This A Case of Infringement?
2.Here Comes Copyright Law Protection
Our Kickoff Meeting in a Late Night
A Quick Timeline Overview
The Right Person and the Right Questions
3.Anyone Ever Asked the Performers?
A Late and Unjustifiable Offer
Lost in Translation, or Lack of Awareness?
What Mr.Duana Says
A Walk-through of Facts in the Case
4.Time to Speak Up
Different Voices
Under the Spotlight
Press Conference Boosted by Taipei City Government
First Approach to Infringing Parties
5.Can We Achieve Settlement Before Going to Court?
First Denial
Legal Action in Homeland
Missed Opportunities
A Big No, Loud and Proud
At All Costs
6.Justice Doesn’t Come Cheap
Look for the Right Court, the Right Jury, and the Right Lawyer
Litigation Schedule
Tasks After Tasks
A Great Song-Searching Team
Our Expert Witness Professor
7.Let’s File Our Complaint
Opposing Parties, Get Prepared!
Filing Lawsuit in France?
Fast Counterattack
Questions and Answers, Back and Forth
More Defendants
Rolling the Snowball
Elders Drinking Song-Everlasting Melody Is Never Gone
While reviewing the international litigation proceeding for “Elders Drinking Song”, which was taking place more than twenty years ago, I can still remember this case like it was happening yesterday.
In 1996, while the Atlanta Olympics’ promotion song was ringing in everyone’s ear, an East-West cultural warfare - a tension between Indigenous People and modern record labels, and a confrontation between Amis folk song and western popular music - began, which brought shame on the Olympics and made its tune go off-key. A lawsuit arose, and the final justice had waited long to come after a tangle of years of litigation.
Elders Drinking Song has been passed among Amis People in Taitung for a long time, but it was not known to most people until it was launched as the promotion song for Olympics in Atlanta in 1996. While the sonorous music was presented on the highest global sports stage, having the world appreciate the fullness and pride of the sound, yet, people remained unaware that it was oriented from the valley in Taitung, Taiwan.
In the summer of 1996, it was with mixed feelings that Mr. Difang Duana (Kuo Ying Nan), an Aboriginal singer from the Amis tribe, heard his voice was used by the German band Enigma without his permission. The positive side is that the world stage’s spotlight descended on the tribe’s heritage, which made him so proud. The negative side is that this disrespectful behavior violated his right, which worried and offended him at the same time. In the beginning, facing the infringer’s aggression, arrogance and rude attitude, Mr. Difang Duana was not expecting justice with his poor resource; luckily, Rock Records and Magic Stone Music were determined to support their singer’s right and interests at full power.
Mr. and Ms. Duana had never stepped a foot into the court before, but they decided to file this lawsuit in federal district courts in California. With the trial judge’s strong push and both parties’ lengthy negotiation, a settlement was reached after three years of suffering. This led to the enactment of Taiwan’s Protection Act for the traditional intellectual creations of indigenous peoples and prompted the amendment of the Copyright Act, which additionally provides protection for performances. Also, Mr. Duana’s international infringement case has become a leading precedent in intellectual property law, acknowledged by law schools and the music industry.
Nevertheless, very little information about this case is available in Europe and the US, where this infringement occurred. Outside Taiwan, there appear to be some misunderstanding narratives spread and even untruthful records where the lies carry more weight than the fact! As the lawyer mainly in charge of the litigation, I feel my responsibility and urge to clarify this case.
Particularly, this has to be told in a common language so everyone can read the whole story and figure out how the rights were violated. I also need to address the importance of respecting Indigenous songs and culture, and I hope the beautiful music brings true harmony and happiness to the world.