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Birthday Song's Copyright Leads To a Lawsuit For the Ages

New submitter chriscappuccio sends this excerpt from the NY Times: "The song 'Happy Birthday to You' is widely credited for being the most performed song in the world. But one of its latest venues may be the federal courthouse in Manhattan, where the only parties may be the litigants to a new legal battle. The dispute stems from a lawsuit filed on Thursday by a filmmaker in New York who is seeking to have the court declare the popular ditty to be in the public domain, and to block a music company from claiming it owns the copyright to the song and charging licensing fees for its use. The filmmaker, Jennifer Nelson, was producing a documentary movie, tentatively titled 'Happy Birthday,' about the song, the lawsuit said. In one proposed scene, the song was to be performed."

6 of 442 comments (clear)

  1. Protecting the arts and artists by torkus · · Score: 5, Insightful

    Right? /sarcasm

    I'm glad someone is pushing this topic (finally) and this is the perfect example. It's one thing to protect artists but the never-ending copyright extensions doing nothing of the sort. They ensure the media companies can generate recurring profits but, by and large, provide limit benefit to those actually responsible for the work. Oh wait...corporations are people now too.

    Hopefully this is decided firmly, not on some silly technicality, and sets a precedent for other cases so common-use media can be pushed into public domain. Maybe someone will rule that copyright law is unfair, unconstitutional, or similar and FORCE our government to review this and move to a more rational policy.

    --
    You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    1. Re:Protecting the arts and artists by Anonymous Coward · · Score: 5, Insightful

      Culture is being held ransom; music, literature, film, television... any medium you can think of is illegal to share, perform or otherwise widely enjoy without paying a gatekeeper. Thanks to the nature of the system if something isn't "saleable" it is left forgotten to rot in some media archive somewhere.

      Back at the turn of the 20th century piano roll music was quite popular and sophisticated however much of it is lost forever because of the same kind of greed.

    2. Re:Protecting the arts and artists by MickyTheIdiot · · Score: 5, Insightful

      1) Put in reforms that revert copyright back to a shield and curb it's use as a sword.

      And one of the best ways to do that is...

      2) Disallow corporations to own copyrights. Require that they be in the name of actual persons and make it so they can only be leased to a corporate entity. That way the corporation is beholden to SOMEONE.

      and of course

      3) Get rid of Micky Mouse copyright.

  2. We need more than that by ArcadeMan · · Score: 5, Insightful

    Bring back the original copyright terms:

    The original length of copyright in the United States was 14 years, and it had to be explicitly applied for. If the author wished, he could apply for a second 14year monopoly grant, but after that the work entered the public domain, so it could be used and built upon by others.

    How about "25 years without any extension, then it goes into the public domain". What these money-hungry Hollywood and publishing executives don't seem to realize is that everything DRM'ed will be lost in time, like tears in the rain.

  3. Re:The word "limited" by MickyTheIdiot · · Score: 5, Insightful

    What I find funny is that the "strict constitutionalists" in our politics today have no problems with IP. People like Clarance Thomas talk about "original intent" but never have a problem with these matters. If there is one thing that has outstripped original intent of the constitution it's copyright. It wasn't put there for people to make money. It was put there to encourage people to be creative. Copyright in perpetuity does NOT encourage people to be creative.

  4. Re:In other news by Algae_94 · · Score: 5, Insightful

    I am referring to all of the lawyers that would argue either side of a case depending on which side offered them more money. These people are not driven by an inner sense of justice and making the world a better place, but simply following their own motivations of greed and rationalizing away any negative effects their greedy actions are causing society.

    It's almost like it's a job for them to argue cases, not some quest to improve the world.