TAIPEI--Taiwanese aboriginal singer Difang and his wife, Agay, have reached an out-of-court settlement with Virgin Records America, Enigma (aka Michael Cretu), and the International Olympic Committee (IOC) in a three-year copyright-infringement lawsuit.
The couple, in their 70s and also known by their Chinese names Kuo Ying-nan and Kuo Hsiu-chu, were sampled on Enigma's single "Return To Innocence" from the 1994 Virgin Germany album "The Cross Of Changes"; the set sold more than 6 million copies worldwide, according to Virgin Germany.
The singers were not originally credited on the album and claimed that their voices were used without their approval.
The two sued for infringement of copyright in the California Central District Court in December 1997, naming the defendants as Virgin America, Charisma Records, publisher Mambo, Capitol-EMI, Enigma, Cretu, and the IOC. A further suit named third-party licensees of the track.
The singers said they were not even aware of the song before it was used in commercials for the 1996 Summer Olympics in Atlanta.
"I was shocked when I watched television [and] I heard the song used as the theme song for the Olympics," said Difang, a member of the Ami tribe, in an earlier interview. "My friends asked me whether I had released an album. Then I started to get angry because people told me someone sold the song but didn't ask us for our permission."
It is understood that the terms of the settlement prevent either side from publicly discussing financial terms of the agreement.
According to the couple's Taiwan-based attorney, Huang Hsiu-lan, they will be credited on all future releases of the song, each will receive a platinum record with his or her name on it, and a foundation will be established in their honor to help preserve aboriginal music.
The sample was taken from a compilation of a performance of Taiwan aboriginals in France that was sponsored by Taiwan's Chinese Folk Arts Foundation. This recording was released in 1988 by the French organization Maison des Cultures du Monde (MCM) on a CD titled "Polyphonies Vocales Des Aborigenes De Taiwan," and Enigma purchased the rights to use the couple's song "Jubilant Drinking Song" from them.
Jurgen Thurnau, now head of Munich-based Crocodile Music Management, manages Cretu and Enigma and was the former principal of Mambo, the publisher and management company that holds the rights to the Enigma albums. Mambo was sold to Sony in 1994.
Thurnau says that at the time the album was made, a deal was signed between Enigma and MCM for the rights to the sample. "The rights were bought in a contract from the French label," says Thurnau. "We paid them a sum. Later it turned out they did not have the rights."
Virgin Germany managing director Udo Lange says the agreement "has been settled nicely for both sides." Lange notes the infringement was done indirectly and not deliberately: "Michael never wanted to steal anything from any musicians."
MCM is a nonprofit body closely allied to the French Culture Ministry, from which it receives funds. Among its musical activities are releasing records and organizing Southeast Asian indie Rock Records. The case was brought by the San Jose-based offices of Oppenheimer Wolff & Donnelly, with the help of Emil Chang, also based there. The firm's Pat Ellisen says the dispute was settled out of court after a judge strongly advised parties to do so.
"We feel the settlement is very fair," says Magic Stone president Landy Chang. "I'm very happy that Difang, his wife, and their tribe have finally received the recognition that they deserve."
For the couple, the most important thing is to generate more interest in the culture of their tribe, which they feel is slowly disappearing.
The couple released an album earlier this year, "Circle Of Life," which was produced by Deep Forest principal Dan Lacksman, and are scheduled to release another album by the end of this year.
"I want Amis music to be in every corner of the world and let everyone in the world know that there's an Amis tribe in Taiwan," says Difang.
