Difang and Igay Duana
Encyclopedia
Difang Duana and Igay Duana (1922–2002), Chinese names Kuo Ying-nan (郭英男) and Kuo Hsiu-chu (郭秀珠), were an Amis husband and wife farmers who became known as a folk music
duo from Taiwan
who specialized in traditional Amis chants. Their most recognized work is of a performance of a traditional Amis Palang song (alternately called "Weeding and Paddyfield Song No. 1", "Elders' Drinking Song", and "Jubilant Drinking Song") which was recorded by a French government project and EMI
, and which was subsequently sampled
by the musical project Enigma
for their international hit single "Return to Innocence
". Accusations of plagiarism
were primarily settled out of court.
to sing on a tour, during which they and around 30 other aboriginal Taiwanese artists were paid $15 a day. Their performances were recorded without their knowledge by the Maison des Cultures du Monde (Institute for World Cultures), part of the French
Ministère de L'éducation Nationale (National Education Ministry) and put onto an "anonymous" compilation of "Taiwanese aboriginal songs". The French government then sold the recording, again without permission or public announcement, to EMI. EMI allowed Enigma
to use the recording as a sample track for their song, which was used to promote the 1996 Summer Olympics
. After the Taiwanese press identified the duo, they were given a contract with Magic Stone, a subsidiary of indie label Rock Records
, the recording company behind Cheer Chen and other popular Taiwanese singers. However, their achievement and recognition was only known within Taiwan.
While the couple were pleased with Enigma's editing, they asked EMI to acknowledge the contribution of both the Amis' song and the Duanas' performance, and asked whether they could sing the song at the opening of the Olympics. EMI ignored them. Magic Stone's lawyer then contacted a law firm named Dewey Ballantine
in the United States to negotiate a legal suit. The suit against EMI was settled out of court in July 1999. The couple used some of the money to set up a scholarship fund for Amis children. Magic Stone's attorney also won a suit against the French government, but the government insisted on giving the money to a French folk art foundation in trust, not to the Duanas.
Michael Cretu of Enigma has stated that he had been led to believe that the recording was in the public domain, and that he did not intentionally violate the Kuos' copyright.
In response to these lawsuits, a local Taiwanese recording industry representative, from the Association of Recording Copyright Owners, said that folk music was in the public domain and aboriginal people who performed or arranged it could not claim any copyright on it.
Magic Stone Records collaborated with Dan Lacksman of Deep Forest
to mix a chart-topping ethnic electronica
CD, Circle of Life, released under the artist name Difang but which contains music from both Difang and his wife Igay. This was followed with Across the Yellow Earth in 2001, but Difang died soon after its release.
Folk music
Folk music is an English term encompassing both traditional folk music and contemporary folk music. The term originated in the 19th century. Traditional folk music has been defined in several ways: as music transmitted by mouth, as music of the lower classes, and as music with unknown composers....
duo from Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
who specialized in traditional Amis chants. Their most recognized work is of a performance of a traditional Amis Palang song (alternately called "Weeding and Paddyfield Song No. 1", "Elders' Drinking Song", and "Jubilant Drinking Song") which was recorded by a French government project and EMI
EMI
The EMI Group, also known as EMI Music or simply EMI, is a multinational music company headquartered in London, United Kingdom. It is the fourth-largest business group and family of record labels in the recording industry and one of the "big four" record companies. EMI Group also has a major...
, and which was subsequently sampled
Sampling (music)
In music, sampling is the act of taking a portion, or sample, of one sound recording and reusing it as an instrument or a different sound recording of a song or piece. Sampling was originally developed by experimental musicians working with musique concrète and electroacoustic music, who physically...
by the musical project Enigma
Enigma (musical project)
Enigma is an electronic musical project founded in Germany by Michael Cretu, David Fairstein and Frank Peterson in 1990. The Romanian-born Cretu conceived the Enigma project while working in Germany, but has based his recording studio A.R.T. Studios in Ibiza, Spain, since the early 1990s until May...
for their international hit single "Return to Innocence
Return to Innocence
"Return to Innocence" is a 1994 song created by the musical group Enigma. The single was the first from their chart-topping second album, The Cross of Changes....
". Accusations of plagiarism
Plagiarism
Plagiarism is defined in dictionaries as the "wrongful appropriation," "close imitation," or "purloining and publication" of another author's "language, thoughts, ideas, or expressions," and the representation of them as one's own original work, but the notion remains problematic with nebulous...
were primarily settled out of court.
Musical career
In 1988 Difang and Igay traveled to FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
to sing on a tour, during which they and around 30 other aboriginal Taiwanese artists were paid $15 a day. Their performances were recorded without their knowledge by the Maison des Cultures du Monde (Institute for World Cultures), part of the French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
Ministère de L'éducation Nationale (National Education Ministry) and put onto an "anonymous" compilation of "Taiwanese aboriginal songs". The French government then sold the recording, again without permission or public announcement, to EMI. EMI allowed Enigma
Enigma (musical project)
Enigma is an electronic musical project founded in Germany by Michael Cretu, David Fairstein and Frank Peterson in 1990. The Romanian-born Cretu conceived the Enigma project while working in Germany, but has based his recording studio A.R.T. Studios in Ibiza, Spain, since the early 1990s until May...
to use the recording as a sample track for their song, which was used to promote the 1996 Summer Olympics
1996 Summer Olympics
The 1996 Summer Olympics of Atlanta, officially known as the Games of the XXVI Olympiad and unofficially known as the Centennial Olympics, was an international multi-sport event which was celebrated in 1996 in Atlanta, Georgia, United States....
. After the Taiwanese press identified the duo, they were given a contract with Magic Stone, a subsidiary of indie label Rock Records
Rock Records
Rock Records is a Taiwanese record label founded in 1980 by Sam and Johnny Duan . The record label had their first multiseller in 1989 with Sarah Chen.It is now Asia's largest independent record label....
, the recording company behind Cheer Chen and other popular Taiwanese singers. However, their achievement and recognition was only known within Taiwan.
While the couple were pleased with Enigma's editing, they asked EMI to acknowledge the contribution of both the Amis' song and the Duanas' performance, and asked whether they could sing the song at the opening of the Olympics. EMI ignored them. Magic Stone's lawyer then contacted a law firm named Dewey Ballantine
Dewey Ballantine
Dewey Ballantine LLP was a white shoe corporate law firm headquartered in New York City. In 2007, Dewey Ballantine merged with LeBoeuf, Lamb, Greene & MacRae to form Dewey & LeBoeuf...
in the United States to negotiate a legal suit. The suit against EMI was settled out of court in July 1999. The couple used some of the money to set up a scholarship fund for Amis children. Magic Stone's attorney also won a suit against the French government, but the government insisted on giving the money to a French folk art foundation in trust, not to the Duanas.
Michael Cretu of Enigma has stated that he had been led to believe that the recording was in the public domain, and that he did not intentionally violate the Kuos' copyright.
In response to these lawsuits, a local Taiwanese recording industry representative, from the Association of Recording Copyright Owners, said that folk music was in the public domain and aboriginal people who performed or arranged it could not claim any copyright on it.
Magic Stone Records collaborated with Dan Lacksman of Deep Forest
Deep Forest
Deep Forest is a musical group consisting of two French musicians, Michel Sanchez and Eric Mouquet. They compose a style of world music, sometimes called ethnic electronica, mixing ethnic with electronic sounds and dance beats or chillout beats...
to mix a chart-topping ethnic electronica
Ethnic electronica
Ethnic Electronica combines elements of Electronic and World Music and was developed in the 1990s. The term Ethnic Electronica appears in music zines, in online music-related forums and blogs, and also in a title of a 2003 compilation "Another Life: A Journey Into Ethnic Electronica"...
CD, Circle of Life, released under the artist name Difang but which contains music from both Difang and his wife Igay. This was followed with Across the Yellow Earth in 2001, but Difang died soon after its release.
Discography
- Uncredited ("anonymous") recording in Polyphonies vocales des aborigènes de Taïwan, Ministère de l'éducation nationale, 1988
- "Return to InnocenceReturn to Innocence"Return to Innocence" is a 1994 song created by the musical group Enigma. The single was the first from their chart-topping second album, The Cross of Changes....
", EMI Records, 1993 - Circle of Life, Magic Stone Records, 1998 (reached No. 1 in Japan and Taiwan)
- Across the Yellow Earth, Magic Stone Records, 2001