Comment of the Intellectual Property Agency in connection with the misappropriation of the work of the famous Azerbaijani composer Fikret Amirov "Kor Arab"
The heirs of the prominent Azerbaijani composer Fikret Amirov appealed to the Intellectual Property Agency of the Republic of Azerbaijan, claiming that the music of his work "KorArab" was misappropriated by Vardan Hovanissian and Emre Gultekin living in Belgium and included in the music album "Karin" under the name "Houcher" and spreaded in YouTube channel. They asked for the restoration of the infringed rights of the author and to take measures against the infringers.
As a result of the relevant investigation conducted by the experts of the Intellectual Property Agency, it was determined that the song "Houcher", performed by Vardan Hovanissian and Emre Gultekin and included in the music album "Karin", as well as posted on the YouTube channel, coincides with the music of the Azerbaijani composer Fikret Amirov's "Kor Arab". This means that the musical work "Houcher" is plagiarism, and here the name of Fikret Amirov's work "Kor Arab" was changed to "Houcher" and distorted, as well as the composers was shown as Vardan Hovanissian and Emre Gultekin. Thus, Fikret Amirov's moral and economic rights were grossly infringed.
In addition, the name of Fikret Amirov was not mentioned in the information provided by Vardan Hovanissian and Emre Gultekin on the works included in the music album "Karin" posted on the pages of www.bandcamp.com. “Kor Arab” was presented as an expression of folklore under the distorted name Houcher, with Vardan Hovanissian and Emre Gültekin as arrangers, thus violating the author's moral rights. On the other hand, Fikret Amirov's economic rights were violated due to the fact that the music album "Karin" was posted on the website www.bandcamp.com for commercial purposes.
The discrepancy in the information about the musical work "Houcher" (present themselves as author-composer in one case, arranger in another) proves once again that, Vardan Hovanissian and Emre Gultekin illegally used the work "Kor Arab" in violation of the copyright of Fikret Amirov.
These actions, in addition to the provisions of national law, are a violation of Article 3 of the Convention establishing the World Intellectual Property Organization (WIPO), of which Azerbaijan and Belgium are members, by Vardan Hovanissian and Emre Gültekin. Thus, the objective of this Organization is " to promote the protection of intellectual property throughout the world through cooperation among States." It is also a violation of the Berne Convention for the Protection of Literary and Artistic Works to which Azerbaijan and Belgium are parties, the WIPO Copyright Treaty and the WIPOPerformances and Phonograms Treaty.
We would like to inform you that the music of "Kor Arab" was written by Fikret Amirov for the play "Sheikh Sanan" by Huseyn Javid, staged in 1956 on the stage of the Azerbaijan State Drama Theater. The play premiered in 1956 at the Azerbaijan State Drama Theater in Baku.
Music was later included in a number of Azerbaijani music publications, including:
- "Kor Arab" by Fikret Amirov, published in 1957;
- “Song (for piano singing)” by Fikret Amirov published in 1977.
"Kor Arab" was also voiced by Mammadali Aliyev in the 1961 short film "Song of Blind".
This song was also performed by famous Azerbaijani singers Shovkat Alakbarova, Rashid Behbudov, Alim Gasimov and others, recorded on material carriers and uploaded to YouTube.
At the same time, it should be noted that the work "Song of the Blind Arab" was registered in the Azerbaijan branch of the All-Union Copyright Agency (now the Intellectual Property Agency) on the basis of the application of Fikret Amirov dated June 12, 1963 and included in the relevant catalog.
We would like to note that the Intellectual Property Agency has been fighting against the theft, misappropriation and presentation of author's works, folklore and other intangible cultural heritage belonging to the Azerbaijani nation by Armenians for many years. Investigations on each fact are based on historical facts and indisputable proofs that these works belong to the Azerbaijani nation are prepared, disseminated in the media, detailed information is provided at local and international events attended by representatives of the Agency and a letter is sent to the World Intellectual Property Organization.
The Agency sent a letter to Vardan Hovanissian and Emre Gultekin with a request to eliminate the above-mentioned infringement, and also prepared an appeal to the Administration of the YouTube channel with a request to remove the music work "Houcher" from the YouTube channel.