2024-08-02 15:08:23
The fact of distribution on Facebook and Tik-tok of the song “Yarımgilə” performed by Armenian singer Minas Hovhannisyan (Mino), the music of which belongs to the Azerbaijani composer, honored artist Javanshir Guliyev, and the lyrics consist of bayati, is being investigated by the Intellectual Property Agency of Azerbaijan.
As reported to Day.Az by the Agency, in this regard, Javanshir Guliyev was invited to the Agency on July 31, 2024. During the meeting with the Chairman of the Board of the Agency Kamran Imanov, the fact of the theft of this song by the Armenian performer was discussed. Javanshir Guliyev applied to the Agency with a statement on assistance in restoring the copyright violated by the Armenian performer Minas Hovhannisyan (Mino).
The Agency’s experts – People’s Artists of Azerbaijan, composers Faig Sujaddinov and Eldar Mansurov, in connection with another theft of a work by Armenians, stated that the musical works of Azerbaijani composers – operas, symphonies, songs, are based on the modes of mugham – segah, bayati-shiraz, shura, chahargah and others. The song “Yarımgilə” is written on the basis of the mode of mugham “shushter” and the song of the Armenian performer completely coincides with it.
The song “Yarımgilə” was written in 1991 and first performed in 1993 by People’s Artist of Azerbaijan Brilliant Dadasheva and Javanshir Guliyev in a duet on Azerbaijan Television. Studio footage of the song was also posted on the YouTube page. This song is one of Javanshir Guliyev’s most famous works.
Since 2004, Javanshir Guliyev has registered 41 musical works with the Agency (then called the Copyright Agency), four of which were written for a large symphony orchestra. The song “Yarımgilə” was registered on July 27, 2006, and a registration certificate was issued for the work under number 3089. The song “Yarımgilə” was performed by Gülay Zeynalli, Samira Efendi, Turkish singer Ezgi Mertin and other famous performers.
The song “Yarımgilə” was appropriated by the Armenian performer Minas Hovhannisyan (Mino), that is, without the permission of Javanshir Guliyev, he performed it, changing the words and not indicating the name of the composer. Thus, the Armenian performer Minas Hovhannisyan (Mino) violated the personal (non-property) rights and property (economic) rights of Javanshir Guliyev.
The Agency also said that the words of the song (bayats) are a sample of folklore belonging to the Azerbaijani people. In accordance with the Law of the Republic of Azerbaijan “On the Legal Protection of Samples of Azerbaijani Folklore”, legal entities and individuals of other countries can use samples of folklore outside the Republic of Azerbaijan for commercial purposes only with the permission of the Agency and by paying a fee for use. At the same time, in all published works, including in cases of public performance of samples of folklore, their source must be clearly indicated, as well as the geographical name of the place of origin of the sample of folklore used and (or) the name of the people (society) to which it belongs.
“This case, along with the violation of the provisions of national legislation, as well as the principle of “national treatment”, which is one of the fundamental principles enshrined in Article 5 of the Berne Convention “For the Protection of Literary and Artistic Works”, of which Azerbaijan and Armenia are members, and other international treaties to which both countries are parties, is also a violation of the Convention of the World Intellectual Property Organization (WIPO), the WIPO Copyright Treaty and the Performers and Phonograms Treaty.
It should be noted that Javanshir Guliyev transferred the management of property rights in digital networks to Mikpro LLC, which operates in this area. We contacted the management of Mikpro LLC on this issue. The LLC reported that notifications were sent to remove this song performed by Armenian artist Minas Hovhannisyan (Mino) from all platforms.
The Agency, taking into account its earlier experience with the Public Association “Digital and Audiovisual Broadcasting Industry”, will continue to provide assistance within the framework of its powers to restore the violated copyrights of Javanshir Guliyev, on the results of which additional information will be provided,” the statement says.
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