自序
永不流逝的旋律《歡樂飲酒歌》
〈歡樂飲酒歌〉國際侵權案，二十餘年前的往事，如今回顧訴訟過程，仍覺歷歷在目。
一九九六年奧林匹克運動會宣傳曲歌聲悠揚傳遍全球之際，一場東、西方的文化侵略征戰，原住民與現代唱片公司的對峙，阿美族音樂與西洋樂曲的抗爭於焉展開；致使奧運蒙塵、音樂變調，最終進入法庭，纏訟多年，公平正義才得以伸張！
〈歡樂飲酒歌〉在台東阿美族群傳唱已久，但走出部落罕為人知……。迄至一九九六年美國亞特蘭大奧運開幕，登上世界體育賽事的最高殿堂，世人才得以聆聽它高亢、莊嚴、昂揚的樂曲，但仍無從知悉源自台灣台東的山谷之間。
當一九九六年夏天，阿美族原住民郭英男聽聞自己演唱的歌曲被德國樂團ENIGMA盜用，復遭奧運會採為宣傳曲，憂喜交加，喜的是部落的傳世歌曲讓全世界聽見；憂的是為何權益不受尊重？面對西方侵權者鄙夷的態度、貪婪的作風、傲慢的欺凌，在資源稀缺的困境下，郭英男原本不敢奢望討回公道；幸而在滾石／魔岩唱片的力挺下，決心放手一搏，爭取權益。
從來未曾打過官司的郭英男夫婦，為了〈歡樂飲酒歌〉向美國加州聯邦法院提告，經過三年的煎熬，在承審法官嚴厲督促下，兩造歷經漫長談判，終於達成和解。在國內甚至催生了「原住民族傳統智慧創作保護條例」，增訂著作權法保障表演著作的立法例。郭英男〈歡樂飲酒歌〉跨國侵權案也成為智慧財產權法律課程指標案例，傳誦在各大法律學院與音樂產業。
然而，真正侵權行為地的歐洲和美國，卻因資訊缺乏，而對於此案一知半解，甚或以訛傳訛，造成嚴重誤導！數年來世界各國傳聞紛沓，事件真相逐漸消褪。身為侵權訴訟案的主導律師，釐清案件始末責無旁貸；尤其需要以共通語言解說案情經過，因此時隔二十二年後，以中／英文梳理案件，還原事實，交代侵權責任，以正視聽；並呼籲世人共同尊重原住民歌曲與文化，祈願透過美好的音樂，帶給世界真正的和諧與歡樂。
Preface
Elders Drinking Song-Everlasting Melody Is Never Gone
While reviewing the international litigation proceeding for “Elders Drinking Song”, which was taking place more than twenty years ago, I can still remember this case like it was happening yesterday.
In 1996, while the Atlanta Olympics’ promotion song was ringing in everyone’s ear, an East-West cultural warfare - a tension between Indigenous People and modern record labels, and a confrontation between Amis folk song and western popular music - began, which brought shame on the Olympics and made its tune go off-key. A lawsuit arose, and the final justice had waited long to come after a tangle of years of litigation.
Elders Drinking Song has been passed among Amis People in Taitung for a long time, but it was not known to most people until it was launched as the promotion song for Olympics in Atlanta in 1996. While the sonorous music was presented on the highest global sports stage, having the world appreciate the fullness and pride of the sound, yet, people remained unaware that it was oriented from the valley in Taitung, Taiwan.
In the summer of 1996, it was with mixed feelings that Mr. Difang Duana (Kuo Ying Nan), an Aboriginal singer from the Amis tribe, heard his voice was used by the German band Enigma without his permission. The positive side is that the world stage’s spotlight descended on the tribe’s heritage, which made him so proud. The negative side is that this disrespectful behavior violated his right, which worried and offended him at the same time. In the beginning, facing the infringer’s aggression, arrogance and rude attitude, Mr. Difang Duana was not expecting justice with his poor resource; luckily, Rock Records and Magic Stone Music were determined to support their singer’s right and interests at full power.
Mr. and Ms. Duana had never stepped a foot into the court before, but they decided to file this lawsuit in federal district courts in California. With the trial judge’s strong push and both parties’ lengthy negotiation, a settlement was reached after three years of suffering. This led to the enactment of Taiwan’s Protection Act for the traditional intellectual creations of indigenous peoples and prompted the amendment of the Copyright Act, which additionally provides protection for performances. Also, Mr. Duana’s international infringement case has become a leading precedent in intellectual property law, acknowledged by law schools and the music industry.
Nevertheless, very little information about this case is available in Europe and the US, where this infringement occurred. Outside Taiwan, there appear to be some misunderstanding narratives spread and even untruthful records where the lies carry more weight than the fact! As the lawyer mainly in charge of the litigation, I feel my responsibility and urge to clarify this case.
Particularly, this has to be told in a common language so everyone can read the whole story and figure out how the rights were violated. I also need to address the importance of respecting Indigenous songs and culture, and I hope the beautiful music brings true harmony and happiness to the world.
天天爆殺 
今日66折 
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