The Hockey Theme
Encyclopedia
"The Hockey Theme" is a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 theme song written in 1968
1968 in music
-Events:*January 4 – Guitarist Jimi Hendrix is jailed by Stockholm police, after trashing a hotel room during a drunken fist fight with bassist Noel Redding.*January 6 – Gibson Guitar Corporation patents its Gibson Flying V electric guitar design....

 by Dolores Claman
Dolores Claman
Dolores Claman is a Canadian composer and pianist. She is best known for composing the theme song, known simply as The Hockey Theme, for Hockey Night in Canada, a song often regarded as Canada's second national anthem, which she composed in 1968, and for "A Place to Stand", the popular tune that...

 and orchestrated by Jerry Toth
Jerry Toth
Jerry Toth was a Canadian saxophonist, clarinetist, flutist, arranger, composer, and record producer.-Life and career:...

. It has been referred to as Canada's second national anthem
National anthem
A national anthem is a generally patriotic musical composition that evokes and eulogizes the history, traditions and struggles of its people, recognized either by a nation's government as the official national song, or by convention through use by the people.- History :Anthems rose to prominence...

.

The theme was associated with CBC Television
CBC Television
CBC Television is a Canadian television network owned by the Canadian Broadcasting Corporation, the national public broadcaster.Although the CBC is supported by public funding, the television network supplements this funding with commercial advertising revenue, in contrast to CBC Radio which are...

's Hockey Night in Canada
Hockey Night in Canada
Hockey Night in Canada is the branding used for CBC Sports' presentations of the National Hockey League...

, and Télévision de Radio-Canada
Télévision de Radio-Canada
Télévision de Radio-Canada is a Canadian French language television network. It is owned by the Canadian Broadcasting Corporation, known in French as Société Radio-Canada. Headquarters are at Maison Radio-Canada in Montreal, which is also home to the network's flagship station, CBFT-DT...

's La Soirée du hockey
La Soirée du hockey
La Soirée du hockey was a popular ice hockey show in Quebec. It was the French language SRC equivalent of the English Canadian CBC show Hockey Night in Canada...

from 1968 until 2008, when the CBC announced that the negotiations to renew their licence or purchase the theme had been unsuccessful and that they would run a national contest to find a new theme song. The rights were then purchased by rival broadcaster CTV
CTV television network
CTV Television Network is a Canadian English language television network and is owned by Bell Media. It is Canada's largest privately-owned network, and has consistently placed as Canada's top-rated network in total viewers and in key demographics since 2002, after several years trailing the rival...

 in perpetuity. Beginning in the fall of 2008 the theme could be heard on hockey broadcasts on the CTV-owned TSN
The Sports Network
The Sports Network, commonly abbreviated as TSN, is a Canadian English language Category C specialty channel and is Canada's leading English language sports TV channel. TSN premiered in 1984, in the first group of Canadian specialty cable channels...

 and RDS
Réseau des sports
Réseau des sports , is a Canadian French language Category C specialty channel showing sports and sport-related shows. It is available in 2.5 million homes, and is owned by CTV Specialty Television Inc....

 sports channels.

Origins

In 1968, the CBC commissioned McLaren Advertising to create a new promotional tune for Hockey Night in Canada. McLaren contracted Dolores Claman, a classically-trained composer who had produced a number of successful jingles, promotional songs and television theme music, to write the tune. Claman had never seen a hockey
Ice hockey
Ice hockey, often referred to as hockey, is a team sport played on ice, in which skaters use wooden or composite sticks to shoot a hard rubber puck into their opponent's net. The game is played between two teams of six players each. Five members of each team skate up and down the ice trying to take...

 game in person and wrote the tune imagining Roman
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....

 gladiator
Gladiator
A gladiator was an armed combatant who entertained audiences in the Roman Republic and Roman Empire in violent confrontations with other gladiators, wild animals, and condemned criminals. Some gladiators were volunteers who risked their legal and social standing and their lives by appearing in the...

s wearing skates. "It just arrived in my head," she recalled several decades later. Claman said she wrote her song to reflect the narrative arc of a hockey game from the arrival on the rink, to the battle of the game, to the trip home, "plus a cold beer." Since the song was originally classified as an advertising jingle Claman did not originally get residuals but only a one-time creative fee of $800. The piece was originally performed by a 20-member orchestra.

In the 1970s, CBC began using the tune as the standard introduction for the show and Claman was entitled to music-use licence payments of between $2,000 and $10,000 each year. After she was advised by her agent in 1993 to licence the song, she earned approximately $500 per broadcast.

Arrangements

The theme has been updated several times:
  • Mid-1980s—A big-band version of the theme was used.
  • 1988—An updated "rock" version of the theme, the version most closely associated with the era when the program was titled Molson Hockey Night in Canada on CBC.
    • This version was edited in the early 1990s to remove the big-band interlude from the main-title theme. This version was used by the CBC for a few seasons, and by Radio-Canada until La Soirée du hockey was discontinued in 2004.
    • In the mid-1990s, another edited version of the main theme was introduced, which replaced the sponsor beds with other music previously played over introductory highlights. This version, along with other musical cues introduced in 1988, were used by the CBC until the end of the Molson era in 1998. This cut of the main theme (but not the other cues) was reintroduced at the start of the 2004 playoffs
      2004 Stanley Cup Playoffs
      The 2004 Stanley Cup playoffs for the National Hockey League began on April 7, 2004, following the 2003–04 regular season. The playoffs ended with the Tampa Bay Lightning securing the Stanley Cup with a seven-game series win over the Calgary Flames on June 7. It was Tampa Bay's first Stanley Cup...

       and used until 2008.
  • 1998—After Labatt's took over as title sponsor, a new, mostly synthesized version of the theme was introduced. This was used for two seasons.
  • 2000—Another "big-band"-style version, with a significantly different sound compared to previous versions, was introduced. It is believed that this version was dropped quickly due to complaints by Claman.
  • 2001—A new synthesized version was introduced. This version was used in the opening until spring 2004 (when the 1988 version was reintroduced), and used in most HNIC advertising until 2008.
  • 2009
    2009–10 NHL season
    The 2009–10 NHL season was the 93rd season of operation of the National Hockey League , and the 100th season since the founding of the predecessor National Hockey Association . It ran from October 1, 2009, including four games in Europe on October 2 and 3—until April 11, 2010, with the 2010...

    Neil Peart
    Neil Peart
    Neil Ellwood Peart , OC, is a Canadian musician and author. He is the drummer for the rock band Rush.Peart grew up in Port Dalhousie, Ontario . During adolescence, he floated from regional band to regional band in pursuit of a career as a full-time drummer...

     arranged and recorded a rendition that is used during NHL broadcasts on both TSN and RDS.


In the spring of 2007, the CBC introduced a new set of musical cue
Musical cue
A musical cue is where another instrument's music is shown on a piece of music. It is up to the performer or the conductor on whether the section should play it. A cue may also function as a guideline for another instrument for improvisation or if there are many bars rest to help the performer find...

s for commercial-break sting
Sting (musical phrase)
A sting is a short musical phrase, primarily used in television shows and films as a form of punctuation—for example at the end of a scene, or as a dramatic climax is imminent...

s and other transitions based on the Claman theme.

It is believed that the CBC continues to own most or all of the above-noted recordings even though it no longer has rights to use the theme itself. CTV's Rick Brace said that a new arrangement of the song will be prepared for TSN/RDS broadcasts. According to Brace the network, "will have to re-orchestrate it... It will still be the same music but it will be a different arrangement. It will be exactly the same tune."

Legal action

In November 2004, Dolores Claman and her publisher initiated legal action against CBC for breach of copyright, alleging, among other things, that theme was used on other CBC programs, and on HNIC rebroadcasts outside Canada, without consent. As of late 2006, the case remains ongoing.

2008 licence renewal negotiations with CBC

The CBC's most recent licence to use "The Hockey Theme" expired at the conclusion of the 2008 Stanley Cup Playoffs
2008 Stanley Cup Playoffs
The 2008 Stanley Cup playoffs of the National Hockey League began on April 9, 2008, after the 2007–08 regular season. The sixteen teams that qualified, eight from each conference, played best-of-7 series for conference quarterfinals, semifinals and championships, and then the conference champions...

. Claman's publisher issued a statement on June 4, 2008, claiming that the CBC had informed them it would not be renewing its rights to the composition. CBC Sports
CBC Sports
CBC Sports is the division of the Canadian Broadcasting Corporation responsible for English-language sports broadcasting. The CBC's sports programming primarily airs on CBC Television, with some additional broadcasts on bold, CBC.ca, and occasionally CBC Radio One...

 head Scott Moore denied the reports, saying that the CBC wanted to keep the song and that negotiations on a new licence agreement for the song were still ongoing. However, Moore also suggested that the window to reach an agreement was closing, as the broadcaster would need time to find a replacement if negotiations fell though. Under the CBC's backup plan, a nationwide contest for Canadian composers would be held to submit a new theme.

Published reports indicate that the impasse was caused by the CBC's offer to buy the theme outright for significantly less than Claman's representatives believe it to be worth, as well as the complications relating to the ongoing lawsuit.

The publisher presented the CBC with a number of solutions including a licence virtually identical to the one in place for the better part of the previous ten years. This calculated to between $400 and $500 per three-hour game. One exception being that "as a gesture of goodwill" the publisher and Claman were offering that there be no increase in fee for the first two years. The CBC had until the end of June 6, 2008, to accept this offer but, instead, announced their contest to find a new theme.

While negotiations resumed late on June 5 and continued the following day, in the early evening of June 6 the CBC announced it could not reach an acceptable agreement, and would proceed with a contest for a new theme in collaboration with music label Nettwerk
Nettwerk
The Nettwerk Music Group is the umbrella company for Nettwerk Management, Nettwerk Records, Nettwerk One Publishing, Nutone Records, and Artwerk. With over 150 employees, the Vancouver-based company has offices in New York, Los Angeles, London, Boston, Nashville, and Hamburg...

, with the winner receiving $100,000 and half of all lifetime royalties (the CBC would presumably have full ownership of the theme thereafter).

The CBC said it had offered nearly $
Canadian dollar
The Canadian dollar is the currency of Canada. As of 2007, the Canadian dollar is the 7th most traded currency in the world. It is abbreviated with the dollar sign $, or C$ to distinguish it from other dollar-denominated currencies...

1 million for perpetual rights to the piece, but that Copyright Music was asking for $2.5 to $3 million for those rights. According to Claman, the CBC had offered her $850,000. The proposal to CBC, suggesting they purchase the song outright, was based on industry standard formulae to derive a purchase price. This is based on earnings and at the same time demonstrated to the CBC how they could make money and save money towards recovering their costs. The new theme was revealed at 7:00 EDT, on Hockey Night in Canada
Hockey Night in Canada
Hockey Night in Canada is the branding used for CBC Sports' presentations of the National Hockey League...

, on October 11, 2008. The winner was Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

 music teacher Colin Oberst with his song, "Canadian Gold".

Acquisition by CTV

On June 9, 2008, CBC offered to resume negotiations under mediator Gord Kirke. "We feel this song is worth one last attempt to save. Canadians are passionate about its association with Hockey Night in Canada," said Moore.
However, by mid-afternoon, Claman's representatives announced they had sold the broadcast rights to the song in perpetuity to CTV
CTV television network
CTV Television Network is a Canadian English language television network and is owned by Bell Media. It is Canada's largest privately-owned network, and has consistently placed as Canada's top-rated network in total viewers and in key demographics since 2002, after several years trailing the rival...

, to be used on TSN
The Sports Network
The Sports Network, commonly abbreviated as TSN, is a Canadian English language Category C specialty channel and is Canada's leading English language sports TV channel. TSN premiered in 1984, in the first group of Canadian specialty cable channels...

, RDS
Réseau des sports
Réseau des sports , is a Canadian French language Category C specialty channel showing sports and sport-related shows. It is available in 2.5 million homes, and is owned by CTV Specialty Television Inc....

 hockey broadcasts and possibly on CTV's coverage of Olympic hockey at the 2010 Winter Olympics
Ice hockey at the 2010 Winter Olympics
Ice hockey at the 2010 Winter Olympics was held at Canada Hockey Place, home of the National Hockey League's Vancouver Canucks, and at UBC Winter Sports Centre, home of the Canadian Interuniversity Sport's UBC Thunderbirds. Twelve teams competed in the men's event and eight teams competed in the...

. CTV opted not to use the theme during the Olympics, however, and instead used I Believe
I Believe (Nikki Yanofsky song)
"I Believe" is a song by Canadian jazz-pop singer Nikki Yanofsky. Written by Stephan Moccio and Alan Frew, it was used as CTV's official promotional song for their coverage of the 2010 Winter Olympics in Vancouver, and instrumental cues based on the song were also used as CTV's main theme for its...

for all events including hockey. The song was, however, played as part of the 2010 Winter Olympics closing ceremony
2010 Winter Olympics closing ceremony
The Closing Ceremony of the 2010 Winter Olympics took place on February 28, 2010, beginning at 5:30 pm PST at BC Place Stadium in Vancouver, British Columbia, Canada...

 (the ceremony itself, not as the broadcast's theme music); as the ceremonies were aired internationally, the composition received rare worldwide exposure.
A new arrangement was used by CTV GlobeMedia at the 2008 MuchMusic Video Awards
MuchMusic Video Awards
The MuchMusic Video Awards are annual awards presented by the Canadian music video channel MuchMusic to honour the year's best music videos....

 with a rock arrangement which was played as Jason Spezza
Jason Spezza
Jason Anthony Rocco Spezza is a Canadian professional ice hockey centre, an alternate captain of the Ottawa Senators of the National Hockey League...

 of the Ottawa Senators
Ottawa Senators
The Ottawa Senators are a professional ice hockey team based in Ottawa, Ontario, Canada. They are members of the Northeast Division of the Eastern Conference of the National Hockey League...

 appeared on stage to help present the award for MuchVibe Best Rap Video Award.

Shortly after the announcement, the CBC filed applications to protect what appear to be three versions of "The Hockey Theme" as sound trademark
Sound trademark
A sound trademark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services....

s. These applications were abandoned on December 30, 2009. Even if the trademark applications had been successful, the most favourable result for the CBC would have been that it could prevent CTV from using the theme during hockey broadcasts; the CBC itself would likely still have been barred from using the theme due to CTV's status as copyright holder.

The new version of "The Hockey Theme" was recorded by members of the Toronto Symphony Orchestra
Toronto Symphony Orchestra
The Toronto Symphony Orchestra is a Canadian orchestra based in Toronto, Ontario.-History:The TSO was founded in 1922 as the New Symphony Orchestra, and gave its first concert at Massey Hall in April 1923. The orchestra changed its name to the Toronto Symphony Orchestra in 1927. The TSO...

 and leaked by Canadian Press
Canadian Press
Canadian Press Enterprises Inc. is the entity which "will take over the operations of the Canadian Press" according to a November 26, 2010 article in the Toronto Star...

in a video first posted September 24, 2008.

External links

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