Copyright Agency of the Republic of Azerbaijan

Misappropriation of the tangible and intangible cultural samples of Azerbaijan


Folklore is the mirror of our morality, the indicator of our traditions, inseparable part of our cultural wealth. From the other hand, our ancient folklore traditions enter into the range of common to all mankind values and represent the wealth of world culture. In accordance with the "Legal protection of Azerbaijan folklore samples" Law folklore is considered as new, non-traditional type of intellectual property of our people. That is, in respect of our folklore samples we proceed also from the legal plane, exclusive rights position. The owner of the mentioned exclusive right is Azerbaijan people. In the process of use the origin of folklore sample, it's source must be pointed out by all means. Breach of requirements, stimulated in the law has as a consequence legal responsibility. Legal protection of folklore equally with protection of alive traditions and cultural legacy means the protection of our future development, the prosperity of our people. Stealing of non - material cultural heritage, literature and art, and particularly folklore samples of our people by Armenians has certain history. These false actions, "robbery and misappropriation of other's traditions" turned into Armenian tradition. The seriousness of the problem is represented in the document "Violation and destruction of Azerbaijan cultural heritage" on the session of Parliamentary Assembly of the Council of Europe resulting from effort of delegation of Milli Majlis, is reflected in the Statement of Milli Majlis "In connection with destruction and misappropriation of the Azerbaijan cultural wealth". Let us not one of the "important" principle of the mentioned Armenian tradition. Settled people, should misappropriate cultured heritage of the landowner in order to raise a claim for the territory of his country. Shortly speaking "came, saw, misappropriated".

Personifications, belonged to our people stolen by them, who are living in a dream of "Great Armenia" are shown as the evidences of "Great Armenia culture". Let us note a several "stages" of stealing and misappropriation of our specific folklore samples.

Falsifiers, eager to turn our monuments Stone -fish, Stone-ram, Stone -horse, came from ancient periods as well as ancient Alban lands and monuments into the territory of "Eastern Armenia" equally with misappropriated of our stella and cross-stones, indication stones, monumental masonries and our national decor engraved on their surfaces as well as our other material monuments, Armenianize our national "The history of Albania" by Musa Kalangatly, "The history" by Karakos Ganjali, "Alban chronicle" by Mukhtar Kosa and Rules on "Tradition law". Besides they related Alban alphabet and script, originated from ancient Turkish roots and having the same tone with Gamigaya script to the name of Mesrop Mashtots, who was not aware of Alban language.

Misappropriation and stealing from Azerbaijan people was admitted by the language of the Armenians from time to time "God damn Turk, however his language was blessed by the God": "Our language contains at least 50% of Turkish and Farsi words", "During any ceremonial welcome or wedding, we sing songs in Turkish", "Azerbaijan language went into our language to the extent, so that songs, verses, proverbs, sounded in Turkish (Abovyan "The wounds of Armenia"). It has been admitted even by the foreigners "Armenians create songs in Tatar (Turkish) language, but not in Armenian", "Most Armenian poets with the aim of spreading their works in Tatar (Turkish) language, with help of this language" one can travel the whole Asia to and through" (Haksthausen, Bestujev - Marlinski). Foreigners compared Azerbaijan language with the France language in Europe, taking into consideration its importance as the language of intercourse, trade and mutual understanding.

It were the very Abovyans, Hagverdiyans, Agayans, which in the second half of XIX century attempted to Armenianize our eposes such as "Asli and Karam", "Shakh Ismail" "Ashig Garib", "Koroglu" and as a result of their moral leadership and false representation, foreigners such as fon Bodenschtedt and others introduced proverbs, fairy tales, belonged to Azerbaijan folklore like Armenian ones to the Europe. The very Abovyan and Agayan turned our ashug music into the music of Armenian "ashugs husans" (Note, derived from Uzan (Ozan) word) samples by saying "they have no eposes combined with the songs, these are only in Turkish language"". However , it is known, that having created more then 400 Armenian verses in Azerbaijan language, they spread Azerbaijan eposes, with the accompaniment of Azerbaijan music on the territory of Armenia. During many years independently of the will of Azerbaijan people these facts of stealing were avoided to be give publicity both in the times of Tsar Russia, and in Soviet period, the resemblance of folklore samples and author's works, even the similarity of the aforesaid were explained by their existence in the neighbour geographic area, economic, social - political relations.

In 80-th years of XX century as a result of "efforts" of Takhmazyan, Siksiyan and etc. the dream of "Great Armenia" culture, rich in falsifications were created. They carried out "researches", even misrepresented Bertels, they passed Shirin in the poem "Khosrov and Shirin" by Nizami off as Armenian princess by origin, as well as the leader of palace musicians of Khosrov Parviz - Sarkesh was represented as Sarkis and in general, Armenians made up fairy tales in order to turn Armenia into the cradle of civilization and about the influence of "Armenian culture" on all of the peoples of the East.

Despite admissions of Armenians, "the names of the music tools they use are in Turkish: saz, santur, kaman, baglama." They ascribed music tools to themselves without ceremony. Despite the admission of Brutyan "Armenian mugham" performers came form Baku and Shusha ", nowadays many Armenians, including Brutyan himself talk about the " role of Armenians in the development of middle ages mughams, trying to connect the roots of mughams to Armenian monodia music.

Armenians stolen "Arshin mal alan" by Uzeir Hajibeyov after being proved the real author to the whole world, even in 80-th years in the musical program of A. Babajanyan represented the comedy of Uzeir bey as the melody of certain Armenian village of Garabagh. Armenians, pretended to consider their history to have one thousand five hundred years are proud of "having the most ancient history, including proverbs, that are one of the most important part of folklore. Azerbaijan proverbs, stole in 1967 with the help of "Elm" Publishing House of the AS of the USSR were represented under the name of "Armenian folklore". Note the way these Armenian proverbs sound in Russian "Let us sit down crooked, but speak straight", "You better ask for Allah once, than for saints forty times", "The only jeweler knows the real price of gold". "Do it the way, that neither skewer nor shashlik burn out" "if you say "janan, in reply you will hear "janan", "Ashug was not allowed to come in home, but he asked where should he put his saz" and etc. In our opinion there is no need in comments.

No one should take below-mentioned falsifications beyond the logic like something funny. Those aforesaid is leitmotif of Armenian stealing and plagiarism.

Azikh, Gobustan, Gamigaya - these names are apparent samples of our ancient culture, related to various regions of Azerbaijan: Garabakh. Shirvan, Nakhchivan. For example, stone illustrations on Gamigaya are the ones, which reflect the way of life, employment, mode of life religion and cosmologic views, totems, moral culture of Azerbaijanians lived in ancient Nakhchivan (IV - I millenniums B.C.). those are fully correspondent to Gobustan illustrations (15-10 millenniums B.C.) and also to the rock inscription of Kalbajar, which is under the invasion today. All mentioned are from the pearls of our material and non - material cultural heritage. But Ayvazyan made great efforts to prove their Azrmenian origin in Russian press. His only "evidence" was the following: it were only Armenians - hayks, who were able to create all above - mentioned, Gamigaya as the illustration of Noah's Arc could belong only to the Armenians. The discovery of primitive man "azikhantrop" in Azikh cave, the intoduction of our ancient culture to the mankind disturbed Armenian's peace of mind. Certain Mkrtchyan declare all of mentioned is founded on Armenian culture's roots. As the evidence he represents the following: in Armenian language "sour grape" sounds like "azokh" and for that reason primitive man should be called "azokhantrop", and by no means "azikhantrop" (it is of them to avoid from saying "hayktrop").

"Dada Gorgud" is our rare epos and according to the initiative of our national leader Heydar Aliyev the whole world celebrated its 1300 anniversary. Like Greeks protect poems of Homer as pearl of Greek epos, German their "Song of Nibelungs", the French - "Song on Roland", Russians "Bylina", we passed "Dada Gorgud" as the monument of our people's bravery through the centures and delivered it to the present generations. However, Armenians published articles related to creation of our significant work - "Dada Gorgud" under the influence of Armenians without giving any proofs and evidences (they can not be in any case!) in their journal and keep on trying to put their author's seal no one of its part. Not satisfied with that, they Armenianize famous "Momine Khatun" monument, built by our prominent architect Ajami according to the order of Eldaniz rulers. It appears that, a certain Khachaturyan discovered a feeling of "Armenian style" in this memorial complex. All aforesaid are the only a few facts, but they conceal the purposes based on the principles and methods developed with "mastership". The main purpose of Armenians is to lay claim to territory, and particularly to the territory of Azerbaijan. For that purpose, at first it is necessary to own culture, material and non-material heritage of the people landowner.

Thus, falsifications, counterfeit and misappropriation intentions of Armenians are aimed to one target: to Armenianize.

On the fist stage they settled on Azerbaijan lands, on the further stage they turned their glares to our culture, investigated it and widely used in order to declare as their own one, on the next stage misappropriated it and at last, declare it their own national culture samples.

It is natural, during implementation of this "program" our folklore was most of all exposed to falsification.

To put dirty intentions into life, Armenians applied a number of traditional methods and procedures:

- intellectual trickery and plagiarism are explained by the proximity of cultural traditions of peoples, living in the same geographic are: - samples, belong to Azerbaijan non - material heritage are duplicated by apparently piratical methods and spread under the name of Armenian cultural property.

Samples of Azerbaijan literary folklore and other works are translated into Armenian transcription, transmitted into material drives and after passing for keeping in funds and archives, they are taken out from there as, "ancient Armenian works" and are spread after being translated into yet more foreign languages. Shortly speaking, intellectual stealing. Armenianization and artificial Armenian making ancient.

-"Research work" devoted to characters from Azerbaijan folklore works, Armenianized in artificial manner, are published in order to prove the Armenian origin of Azerbaijan culture samples put into Armenian shape in scientific works, or at least Armenian influence on mentioned one, false proofs are glued on them and etc.

As a result, the cases of illegal use, falsification and robbery of our folklore samples and author's works are widely spread and published, produced in phonograms and video records, as well as distributed in media net, including Internet.

Therefore, in that "information war" Armenians are trying to direct international opinion to their dirty intentions.

During long period of use of folklore regarding mentioned samples a lot of facts of illegal actions, misappropriation and representation as the peoples sample without source were observed. In the last two hundred years Azerbaijan folklore was exposed to robbery and plunder of Armenians. Particularly, after Azerbaijan has restored its independence strengthening of efforts, made by Armenians in that direction can not help us worrying. Since we should never forget protecting our culture and we don't forget. Let us note one more reason, caused the strengthening of intellectual stealing by Armenians. From the one hand UNESCO adopted the Convention on protection of non-material cultural heritage, and there fore, soon international registration system of folklore samples will start their activity there. From the other hand International Convention "Against illegal use of folklore expressions and other harmful actions" of WIPO has not yet adopted but its realization in near future forces Armenian falsifiers to hurry. In the situation of increased attention to purposes of folklore protection by the international public, and paralelly with that using the absence of international protection tool, regulated matters in the mentioned area, Armenian party are attempting to register the samples of Azerbaijan cultural heritage , including works, belonged to folklore genre as their own creatures, with all possible means and spread them.

In accordance with the Law, these authorities enables Azerbaijan Copyright Agency to represent Azerbaijan Republic related to matters on protection of folklore in international structures on breaches of law, made by Armenians as well as represent and protect state interests in the cases of breach of requirements specified in law during use of our folklore expressions. Carrying out these authorities Azerbaijan Copyright Agency realize the highest level of responsibility, that Mister President Ilham Aliyev entrusted to us and it will do great efforts in that direction. Because, the Law is "speaking conscience of our people" by nature.

Other important feature of the Law is the following: in the absence of such a Law in Armenia, and the Law on protection of folklore as unique voluntary registration system, stipulated for in Azerbaijan author - legal legislation allows to raise the question concerning breach of norms specified in the mentioned Law by the Armenians before international institutions. All aforesaid became possible as a result of legislation and management system in intellectual property area currently in force, created by our national leader Heydar Aliyev.

All these opportunities and established legal mechanisms created conditions to unmask Armenians. It should be particularly noted, that as a result of raised questions before WIPO and other international and regional organizations in corresponding order concerning illegal activity of "ANI Records" studio, that has "great" services of "Ministry of Press and Television programs" of Russian related to stopping of activity of "ANI Records" have already been spread in Mass - Media. Our protest letters concerning intellectual stealing of "ANI Records", including our folk dances "Vagzali", "Tarakama", "Yalli", "Uzundara", "Gazakhi", "Mirzayi", national dances "Khanbaji", "Dali Jeyran" and etc., author's works were delivered to WIPO and other international and respecting institutions of Russia.

As the authorized content_en in this area, we have sent official information and protests to these international inter - state bodies concerning intellectual stealing of Armenians in the past.

The same problem occurred in connection with "Vokaliz" work, created on the basis of Azerbaijan folk music. As it has been stated in the letter, addressed to WIPO, as a result of illegal use of that song by Armenians requirements of the Law " About the legal protection of expressions of Azerbaijan folklore" (incorrect indication of origin) as well as respecting article of Bern Convention, provided for protection of unknown author's work, as well as folklore works, and also requirements of respecting articles stipulated for protection of arrangement and private non-property right were breached.

Concrete proposals of Azerbaijan concerning near adoption and coming into force of International agreement "On protection of folklore expressions from illegal use and other harmful actions" have already delivered to this organization.

As is obvious, Azerbaijan joined Pact adopted by General Assembly of UNO "On economic, social and cultural rights" and in near future Azerbaijan's report in UNO is expected. I have to note, that in the part, concerning protection of folklore comprehensive information about robberies of Armenians prepared by the Agency are being delivered to the UNO by the corresponding channels.

It is possible to continue what have already said. But the main thing is the following: in the course of history our traditions like our mother tongue turned into strong factor of development, one of the significant elements of our national wealth, and at last in most valuable resource.