"Happy Birthday" Hits Sour Notes When It Comes To Song's Free Use

vivaoporto writes: NPR reports that "Happy Birthday to You", one of the most recognized songs in the English language, is the subject of a class action complaint over the validity of its copyright. The publisher Warner/Chappell Music owns the copyright to the "Happy Birthday" song and anyone who wants to use the song must pay a licensing fee. How did Warner/Chappell get the rights? "This is where it gets complicated," says Jennifer Nelson. She is working on a documentary about the song and paid for the rights to use it. Now she's suing Warner/Chappell to get her money back, arguing it's part of the public domain. "I think it's going to set a precedent for this song and other songs that may be claimed to be under copyright, which aren't," says Newman. The Courthouse News Service have more information about the pending suit.

Comments

A better solution

[Krishnoid]

1. Pay songwriter to compose alternative song
2. Record song
3. Release recording with a Creative Commons license
4. Send postcards to every restaurant in the country, letting them know it's free to perform and encouraging them to sing it
5. ?
6. Profit!

I can't believe it.

[DoofusOfDeath]

Warner wouldn't steal a car, would they?

Re:It's clearly out of copyright

[houghi]

If you are not happy with the governement, why don't you buy your own?

Re:It's clearly out of copyright

[jordanjay29]

I tried, but Donald Trump outbid me.

Re:The obvious test case for ludicrous copyright

[Greyfox]

Damn straight! 200 years from now NPR will be playing classical rap music. The commentator will come on and be all like "That was Puff Daddy's 'Kill a Ho'... in D Minor. Coming up after the break will be Snoop Dog's 'All my Bitches,' in C. This was a very influential work at the time, in which Snoop Dog asserted that all the bitches were, in fact, his. Many other rappers at the time tried to get the bitches back, but their efforts were, ultimately, fruitless."

I predict that "Happy Birthday" will still be under copyright at the time.

There's already an alternative

[Pfhorrest]

There's already an alternate birthday song sun in every restaurant I've ever been to that had sang to people on their birthdays:

Happy happy birthday
From all of us to you!
We wish it was our birthday
So we could party too!

I always like to sing along under by breath a little parody I made up on the very topic of this article:

Happy happy birthday
From all of us to you!
We'd sing you "Happy Birthday"
But then we would get sued!

Re:It's clearly out of copyright

[ArcadeMan]

Yeah, well... I'm gonna go make my own government, with blackjack and hookers.