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Future of Hockey Night theme song in question

Globe and Mail Update

A Toronto company that administers the copyright to the Hockey Night in Canada theme song says the CBC has rejected a new licence of the song, raising questions about the future of a tune many Canadians consider a second national anthem.

John Ciccone, president of Copyright Music & Visual, said in a press release posted on its website that CBC's licence agreement ended with the conclusion of Wednesday's NHL playoffs and that the public broadcaster has taken a pass on a new agreement in order to "move in a new direction."

The CBC "has advised the composer, owner and administrator of the musical composition that it is not prepared to enter into a new license agreement with respect to the use of the theme," the press release states.

Mr. Ciccone said he was given a deadline until noon Wednesday to reach a new agreement. The CBC sent him an e-mail later in the afternoon telling him they would not renew the contract.

“We looked at it every different way we could,” he said. “Whatever it takes, let's try and come up with something.”

It cost the public broadcaster about $500 every time it used the theme, but Mr. Ciccone doesn't think it came down to an issue of money.

One of the ideas Mr. Ciccone said he offered involved maintaining the same contract for two years, then increasing the rates by about 15 per cent, an increase he calls an industry standard.

He says he has yet to hear back from the CBC, but that he would always be open to starting negotiations again.

“We're always here,” he said. “They've got our number.”

CBC spokesman Jeff Keay told globeandmail.com he was looking into the company's assertion and would have more to say later Thursday.

"I can confirm that we have been in discussions, but I just want to make sure I'm up to date on the latest status," he said.

The composition was written by Dolores Claman in 1968. According to the company, it is one of the longest-running theme songs in broadcasting history.

Ms. Claman is quoted in the press release: "I am saddened by the decision of the CBC to drop the Hockey Night in Canada Theme after our lengthy history together. I nevertheless respect its right to move in a new direction."

Copyright Music & Visual said in its statement the company had offered the public broadcaster a new licence on terms that are "virtually identical to those that have existed for the past decade." It notes the cost to CBC is about $500 for each game broadcast.

Ms. Claman, who was raised in Vancouver and studied at the Juilliard School of Music's graduate program in New York, wrote in half a day the theme for the Toronto-based MacLaren advertising agency, which was working for the program.

A lawsuit was filed against the CBC in late 2004 by Ms. Claman, Vine Maple Music, which owns the rights to the song, and the copyright administrator. The plaintiffs argued the network was using the song beyond the scope of the contract, which stipulated that it could only be used on Hockey Night broadcasts in Canada, with the only exceptions being Canadian air force bases and embassies overseas.

The press release notes the litigation is ongoing, but "has not interfered with CBC's ongoing use of the theme in conjunction with Hockey Night in Canada. Similarly, the resolution of the outstanding litigation is not a pre-condition for the proposed new licence agreement."

With reports from Guy Dixon and The Canadian Press

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