National Anthem Copyright due to expire
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As widely publicised, the copyright in the Irish national anthem is due to expire in December 2012. The National Anthem, titled "Amhrán na bhFiann", was composed in 1907 by Patrick Heeney who died nearly 70 years ago. Peadar Kearney wrote the English lyrics to the anthem and it is on the 70th anniversary of his death that the copyright will lapse in accordance with Irish copyright legislation.
The Irish State purchased the copyright for the anthem for £1,000 in 1933. The Minister for Finance, Michael Noonan, has stated that the primary reason that the State holds the copyright in the national anthem is to ensure that the anthem is freely accessible and available to all and particularly to ensure that performance fees are not charged for its use. This will remain the case when the anthem falls into the public domain after the copyright has expired - the anthem will continue to be free to use.
Mr Noonan went on to state that the other reason that the State had previously sought to ensure control of the copyright of the anthem was so that the piece was not used “in an inappropriate context and without due deference, such as to render it an object of scorn or derision”. The absence of control over national anthems is a problem long experienced by other countries, most famously illustrated by Jimi Hendrix’s version of, ‘The Star Spangled Banner’ at Woodstock in 1969 and the Sex Pistols version of ‘God Save the Queen’.
It appears likely that the lapsing of the copyright in the national anthem in 2012 will provoke renewed debate regarding the continued relevance and appropriateness of the anthem in the 21st century. Already there has been debate in the Dail regarding possible wording changes when the copyright lapses.
