# Copyright of national anthems?



## nikolas (Jun 30, 2014)

Hello to all,

I was wondering.

Does the copyright law apply equally for all forms of music art? Like for example National Anthems?

If I want to use a national anthem, which has been composed in the 1850s and the creators died in 1900s... Can I do that?

Normally any kind of such music would be in the public domain, but does this apply to National Anthems?


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## David Story (Jun 30, 2014)

A great question! 
Most anthems are PD but some aren't. And some have restrictions on not mocking them. Most nations make national symbols copyright free although some require permission for commercial use. Individual versions can be protected and that's where most questions arise.

The US and Ireland come to mind as places that are protective. Stravinsky was threatened by the police for a dissonant arrangement of The Star Spangled Banner. Yet it is PD.

And like all laws, copyright practice varies a lot from the letter of the law.

So do the research, but you're probably fine with using a national anthem.


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## nikolas (Jun 30, 2014)

Reason I'm asking, to be honest, is not what it appears to be. 

There has been a little uproar in Greece, because apparently IOAD (Orchad... by SONY) has been claiming royalties in youtube for the use of the Greek National Anthem.

And the Greek government has been accused of selling the copyrights to SONY. To which I claim it can't happen, since there's no copyrights to be sold, but apparently SONY owns the copyrights of a certain performance (recording), which youtube is flagging... 

Thus my question.

Sorry for being misleading.


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## David Story (Jul 1, 2014)

There's performing and publishing. This has happened to several national anthem videos. Most people are angry that their country's song is controlled by a foreign corporation.

Patent and copyright law are distorted to protect big companies instead of individual artists. Legally, Greek's do owe SONY. That's not right imo.

But there will be posts defending the law soon...


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## Daryl (Jul 1, 2014)

nikolas @ Tue Jul 01 said:


> Reason I'm asking, to be honest, is not what it appears to be.
> 
> There has been a little uproar in Greece, because apparently IOAD (Orchad... by SONY) has been claiming royalties in youtube for the use of the Greek National Anthem.
> 
> ...


Whilst the National Anthem might be PD the arrangement is probably not, so if SONY owns the arrangement it are entitled to claim Royalties for public performance or broadcast.

D


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## woodsdenis (Jul 3, 2014)

Daryl @ Tue Jul 01 said:


> nikolas @ Tue Jul 01 said:
> 
> 
> > Reason I'm asking, to be honest, is not what it appears to be.
> ...



Similarly Beethovens 5th is PD, but if you slap on Karajans version on a YT video you will have Deutsche Grammophon on your case. They own the master recording. There are always two elements in sync lisensing, composition and master ownership.


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