Irish National Anthem: IMRO suggest Copyright Solution

Efforts have been intensifying to prevent the Irish National Anthem from falling out of copyright control. In a new development, the introduction of a Statutory Instrument has been suggested as away of dealing with what has become a thorny issue for some.

The Minister for Finance, Michael Noonan, has confirmed that the copyright on what is called 'Amhrán na bhFiann' n the first official language of the State, is set to expire on January 1, leaving Ireland's national anthem open to both commercial exploitation and inappropriate usage. As yet the Government have made no moves to protect the National Anthem.

Composed in English in 1907 by Peadar Kearney, with musical help from Patrick Heeney, the copyright to the original English language version 'A Soldiers' Song' was purchased by the Irish State in 1933. Copyright law changes meant they had to buy it again in 1965.

Now, however, with the 70th anniversary of Kearney's death taking place in 2013, the anthem is set to enter the public domain. As Noonan has stated, the copyright was held by the government to ensure "that the piece is not used in an inappropriate context and without due deference, such as to render it an object of scorn or derision."

Independent TD for Dublin Central Maureen O'Sullivan has spent the past year making the case for the anthem being protected once the copyright expires.

Talking to Hot Press, she says: "I got involved last year when the copyright was running out and my concern was that the anthem could be used in all sort of ways that would be inappropriate – maybe in advertising. I wanted the government to do something that would protect the integrity of the anthem."

The case has been made that this is an opportunity to alter or update the anthem, with the opening words 'Sinne Fianna Fáil' coming under particular scrutiny.

"I know there are people who think it is too militaristic but it came from a period in our history which we can't change – but which contributed to who we are and the republic," argues O'Sullivan. "So I think for historical reasons we should keep with the anthem. Anyway, we can think of the words in a symbolic way – not literally. But one concern which I broached was the words 'Sinne Fianna Fáil', as seemingly in some original version it was 'Sinne Laochra Gael'."

Semantics notwithstanding – after all, the song was composed in English – the issue of copyright in the melody remains.
Keith Johnson of IMRO believes that the government should now make steps towards protecting the anthem, and stresses that it would be a relatively simple procedure.

"The best solution," he says, "would be for the Irish Government to put in place a measure that would prevent the song entering into the public domain at the end of this year. A statutory instrument would seem to be a possible option."

Regarding the consequences of not doing so, Johnson is clear. "I suppose people do versions of it anyway, it happens all the time. But nobody wants to see their national anthem parodied in a disrespectful way. And also, you don't want people getting commercial gain from it.

"My guess is, when it's pointed out, action will be taken, and swiftly, to ensure that it's protected. Why not take measures to protect it? Whether it's through a statutory instrument or something else. It's a simple process. Why not do that?"