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THE GOVERNMENT HAS said it may consider bringing in new laws to protect the national anthem after copyright on Amhrán na bhFiann officially expired.
Michael Noonan told the Dail that the Department of Finance will do what it can to make sure the national anthem is not mocked or used in an inappropriate way now that it has fallen out of copyright.
Copyright for the national anthem officially expired on 31 December 2012.
Many other countries have already seen copyright expire on their national anthem leaving it open to be remixed and used for commercial use - most notably by the Sex Pistols with their version of God Save the Queen and Jimi Hendrix’s Woodstock performance of The Star Spangled Banner.
The State bought the copyright for Amhrán na bhFiann in 1933 for £1,000 to ensure that it would be available for free for general use and so performance fees would not be charged for its use – a situation that Michael Noonan said will not change even though the copyright has now ended.
However the ending of copyright has led to some debate about the relevance of the anthem now and whether a new anthem or new wording should be introduced.
In response to a question from TD Maureen O’Sullivan, who has been campaigning for the government to reclaim the copyright, Michael Noonan said that the government still plans to ensure the national anthem can be freely available for general use. He told the Dáil:
In relation to protecting the integrity of the National Anthem my Department will look at the possibility of introducing legislation should it be required to ensure that the National Anthem is not being used in an inappropriate context and without due deference such as to render it an object of scorn or derision.
The Minister did not go into detail about exactly how the anthem could be rendered an object of scorn or derision; however one barrister noted that the issue could be one of freedom of expression.
“The Constitution provides for freedom, ‘subject to public order and morality’ to express freely one’s opinions and convictions,” Fergal Crehan told TheJournal.ie. “However, it also provides that State may ensure that organs of public opinion, ‘while preserving their rightful liberty of expression, including criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State’. Elsewhere, the publication of seditious material is stated to be an offence”.
The question is, would the banning of a satirical or commercial treatment of the Anthem be a breach of the right to freedom of expression, or would it be a reasonable limitation of it in the interests of public order?My feeling is that, absent a specific subversive, public order or morality element, it would be the former. Minister Noonan has referred to lack of deference, scorn and derision. I think that falls a long way short of what might justify such measures.
The song was written in 1907 by Peadar Kearney, who wrote the original lyrics in English. The song was adopted as the national anthem in 1922. Peadar Kearney died in 1942 and under the current law, copyright officially expired on 31 December 2012, 70 years after his death.
Maureen O’Sullivan told TheJournal.ie in December that she was concerned about how the anthem could be used now copyright has expired. “I wouldn’t want it to be seen as a jingle for an ad,” she said.
(Video: theme45/YouTube)
We best not moan too much before the sky gods return the rain and ice. Sky gods please forgive any complaints…we’re just not used to this heat. We appreciate it very much. Kindly strike anyone who complains. Thank you sky gods. Peace.
@The Girl: repeatedly
@The Girl: Don’t forget to sacrifice the family pet in their favour.
@Stefan Epure: and the toddler!
@The Girl: You must not be living with water restrictions … yet. I love the sunshine and heat, but not my hard worked garden dying. Can’t we have sunshine, heat and a little rain, too?
Thoughts and prayers to those who’ve gone on holidays !
@Hello DAVE!: Wicked!
@Hello DAVE!:
Bravo!
@Hello DAVE!: Brilliant!
@Hello DAVE!: actually glad to be in cool italy right now haha
@Keith Fay: 32c that’s Baltic! 39 where I am!
@Keith Fay: Surprised they let you in didn’t think they were taking migrants ?
Dublin buses. Yesterday on a brand new 181 bus. The temperature was reading between 33° & 36°.. For a bus that costs Just shy of €300,000 it amazes me that’s there’s no aircon. It felt like my eyes were boiling in there sockets.
@The Viking: that sounds like the cost of the toilet seat on a space shuttle or the likes. It can’t possibly cost that much. Money going under the table again.
@The Viking: their sockets
Yeah I know. Working from home in my boxer shorts.
@Ciaran Fairley: Working in work in my boxer shorts
Managed to get a strong draught going by opening the appropriate windows and getting a cross-draught going.
Very cold snow and ice winter ,
Very hot dry summer ,
Where is the climate change tax us more brigade to explain this phenomenon .
@Michael Maher: distinguish weather and climate.
@Michael Maher: SsssHhhhhhhhhh…..
@Michael Maher: are you really still denying climate change? you can argue the causes all you like but you can’t deny its happening. Really harsh winters follweed by really hot summers in Ireland are as rare as hens teeth. Plus the snow and ice happened in Spring, not winter.
@Michael Maher: you’re a fool. That is all.
@Michael Maher: it’s here, extreme weather!
@Dermot Lane: check your weather history and explain 1947 so.
@Paul Laing: Always find one good man Paul
@Steve Mac: I know what you are………so I excuse you ,
@Dermot Lane: As my comment stated all I asked was for you the climate change brigade was to explain yourselves OK.
Very tough working in this heat….out in car at lunchtime today 31degrees…..teatime 28degrees in the shade…..anyone know a wee rain dance!!!!
@Josephine Carroll: Golden Shower
@Josephine Carroll: ya know were ya can go with your rain dance
@John Colgan: Let it rain.
@Josephine Carroll: ah here! It’s been a long, cold winter. It can rain again in September.
@Josephine Carroll: Try working in the bog at 30 degrees
@Josephine Carroll: Get used to it it’s hardly warm
Apparently it wasn’t. It was the hottest day since 2006 . Late report. Check Dublin Live…….Anyway I won’t be able to sleep tonight worrying about the 0.3 degree difference
@TheGrey Gimp: Read it again
I remember well that 76 summer. The local rivers all dried up, there was water restriction so we all had to bathe in the same water. All the lawns were dead. But I also remember trying to catch the grasshoppers that were jumping around everywhere and the tadpoles and caterpillars and butterflies everywhere. I haven’t seen a grasshopper in Ireland in decades. You might occasionally see a sole butterfly or rarely a tiny frog but the small plants and animals are almost gone. They’ll never be back
@Paul Devlin: Put your glasses and turn up yer hearing aid on there is plenty still about
@Mel Lloyd: what’s that, sonny? Didn’t quite catch what you were saying
I was born June 76.. my poor ma
Ireland rains for 48 weeks of the year.
Lowering water pressure & hose restrictions
After a couple of weeks of nice weather
& you wonder why people did not want to pay water charges !!
@gpurcell: it’s because we don’t pay water charges to pay for the infrastructure!!
Tell us something we don’t know!
It’s fierce mild! I was sweating like a cornered nun. * Dylan Moran
So it was just as warm in 1976 with less cars, planes and CO2 levels?
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