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​Comment of the Intellectual Property Agency regarding the Armenian plagiarism of the musical work "Zarif gulushlum"(“My Gentle Smile”) by the composer Jahangir Jahangirov

​Comment of the Intellectual Property Agency regarding the Armenian plagiarism of the musical work "Zarif gulushlum"(“My Gentle Smile”) by the composer Jahangir Jahangirov

The fact of performance, appropriation and distribution on the YouTube platform of famous Azerbaijani composer Jahangir Jahangirov's musical work "Zarif gulushlum"(“My Gentle Smile”) under the name of “Qaram dardzats” by Arutyun Pambukchyan and Seda Tadevosyan was investigated by the Intellectual Property Agency.

The performed musical work "Garam dardzats" (https://www.youtube.com/watch?v=Berg7dsldeI) coincides with the musical work "Zarif gulushlum"(“My Gentle Smile”) by the Azerbaijani composer Jahangir Jahangirov. We would like to inform that the work "Zarif gulushlum"(“My Gentle Smile”) was registered in the Azerbaijan branch of the All-Union Copyright Agency (currently the Intellectual Property Agency) based on Jahangir Jahangirov's application dated December 18, 1969 and was included in the relevant catalog.

The tune was later included in a number of Azerbaijani music publications (“Songs (for singing with piano and choir)” by Jahangir Jahangirov, published in 1971). This song was also performed by famous Azerbaijani singers Shavkat Alakbarova (https://www.youtube.com/watch?v=2qkKlQH5EMs) and Islam Rzayev (https://www.youtube.com/watch?v=4z_BArF0kQ4), and uploaded to YouTube channels.

According to the opinions of composers Eldar Mansurov and Faig Sujaddinov, experts of the Intellectual Property Agency, it was determined that the song "Garam dardzats" performed is the same as Jahangir Jahangirov's "Zarif gulushlum". This means that the musical work "Garam dardzats" performed by Arutyun Pambukchyan and Seda Tadevosyan is plagiarized, and the name of the famous Azerbaijani composer Jahangir Jahangirov's "Zarif gulushlum" has been distorted by replacing it with the name "Garam dardzats". The moral rights of Jahangir Jahangirov were infringed by not mentioning the name of Jahangir Jahangirov in the information provided about the musical work posted by Arutyun Pambukchyan and Seda Tadevosyan on the YouTube channel, and from the point of view of placing it on the YouTube channel for commercial purposes, economic rights were infringed. Khachik Sahakyan is listed as the arranger in the information about the song on the YouTube channel. In terms of copyright legislation, permission must be obtained from the author or his heirs in order to arrange the song.

This case is a flagrant violation by the Armenians of the provisions of the national legislation of Azerbaijan, as well as the provisions of the Berne Convention, WCT and WPPT under the administrative management of the World Intellectual Property Organization (WIPO), of which Azerbaijan and Armenia are members.

We want to note that the Intellectual Property Agency is fighting against cases of theft, misappropriation and presentation as Armenian examples of works of authorship, folklore and other intangible cultural heritage belonging to the people of Azerbaijan by Armenians. For this purpose, references based on historical grounds and proving with indisputable facts that these works belong to the Azerbaijani people are prepared and sent to international organizations, disseminated in the mass media, detailed information is given at local and international events attended by representatives of the Agency, and Armenian forgery is exposed.

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