Protecting their works abroad

 
 
Yomna Kamel Middle East Times staff

While Egypt has succeeded in controlling exploitation of its intellectual property rights in 115 countries, stealing Egyptian melodies and lyrics and violating copyright law are still common practices in most Middle East countries.

With the exception of Lebanon, Saudi Arabia, the United Arab Emirates, and Israel, Middle East countries do not cooperate with Egypt to implement protective measures of property rights.

Lebanon and Israel have associations for authors, composers, and editors that cooperate with their counterparts in Egypt to keep an eye on violations. In Saudi Arabia and the United Arab Emirates, their respective ministries of information ensure the implementation of intellectual property and copyright laws.

Mahmoud Lotfy, legal consultant for the Egyptian Society for Authors, Composers, and Editors said the Saudi Interior Ministry does not permit presenting or selling any Egyptian artistic work not registered with the society.

"The Egyptian society, founded in 1959, is a member of the Central Society for Authors, Composers and Editors in Paris. There are 126 organizations of the same kind cooperating to protect original artistic works," Lotfy said.

When there is a case of copyright infringement, the Egyptian society contacts similar organizations in countries where the infraction is taking place.

"In cooperation with the society, we collect 'copyright fees.' They are paid by the party who violates the copyright of any production. Exploitation of copyrights can be comprehensive or partial [through] use of an Egyptian melody, lyrics or both," Lotfy said.

It is the organization's task to ask the copyright violator to pay 8 percent of the profit, half of which goes to the author and half to the

composer. The Egyptian society's counterparts facilitate measures taken to ensure the violator pays the percentage owed to the original artist.

This phenomenon is not limited to the Arab world, as infractions take place on an international level as well.

This happened with Abdel Halim Hafez's song, Qareat Al Fingan (The Fortune Teller) for which the lyrics were written by the Syrian poet Nizar Qabany. A Belgian composer used the song's melody without asking for permission. The society contacted its Belgium counterpart which forced the producer of the recording to compensate the composer.

In some cases, the Central Society for Authors, Composers and Editors in Paris takes charge of collecting copyright fees from the European parties exploiting Egyptian works.

According to the Egyptian weekly magazine, Horreyati, the Egyptian society received copyright fees of E£1.750 million in one month from their French counterparts. Tens of thousands of Egyptian pounds were paid because of violations concerning Egypt's late composers Baligh Hamdy and Abdel Wahab in other instances.

Lotfy said that infringement violations could be collected and given to family members up to 50 years after the author or composer's death.

The most famous case the Egyptian society dealt with was concerning the present-day composer, Hani Shenouda.

In 1979 Shenouda composed the hit, Zahma Ya Dunya Zahma (Crowded World) which was sung by Ahmed Adeweyya. In the early 1980s, this melody was taken by the Spanish band, Gypsy Kings, and made into their hit song, Rouna. They performed it at numerous concerts and it made the charts throughout the world.

The Spanish producer did not ask for Shenouda's permission and as a result, the Egyptian society contacted its Spanish counterpart and finally resolved the situation. Fifty percent of the profits were given to Shenouda and the author.

Shenouda was more than surprised when he heard his composition performed with Spanish lyrics.

"I was shocked to find my melody being used by the Spanish band who sold their albums in Egypt. They included the song in their album under the title Egyptian Folklore. I took legal measures against them to protect my rights," said Shenouda.

Shenouda's song, Zahma Ya Dunya Zahma, continues to be recorded by artists in Israel, Turkey, Greece and Cyprus.

In Israel, for instance, the song is used in a television advertisement about milk. Shenouda thinks this means it is very successful and has a kind of universal appeal. He still insists that his works should be protected not only for him personally, but because they belong to Egypt.

Shenouda affirmed that Zahma Ya Dunya Zahma is not the only song exploited by other artists abroad.

"My song Lunga is also being used by others in foreign countries. While, such exploitation can be controlled in some countries, in others like Turkey, it is very difficult," said Shenouda.

Agreeing with Shenouda, Lotfy said many countries don't cooperate on the government level and they don't have associations. That is why many Egyptian songs are reproduced by Turkish musicians with no chance of compensation.

"We hope all countries will cooperate to protect intellectual property. In countries that do not cooperate with us, in turn we do not take any legal action against Egyptians exploiting artistic works produced by their musicians," Lotfy said.