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"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.

7 of 178 comments (clear)

  1. Re:I can't believe it. by Anonymous Coward · · Score: 3, Insightful

    Sure they would. Why do you think they're so worried someone might steal their shit?

  2. Re:A better solution by hawguy · · Score: 5, Insightful

    Admittedly, I can be daft... so forgive me and please enlighten me...

    EXPENSES:
    >> Pay songwriter to compose
    >> Record
    >> Send postcards

    INCOME:
    >> it's free

    BUSINESS MODEL:
    >> Profit!

    I'm confused how INCOME - EXPENSES = "PROFIT!" ?!?

    Well sure, you might lose a little money on each one, but you can make it up in VOLUME!

  3. Re:The obvious test case for ludicrous copyright by sconeu · · Score: 5, Insightful

    See, it's attitudes like this that hurt artists...

    I mean, if we don't keep extending copyright, how can we encourage Elvis to keep singing new music?

    P2P Killed Elvis!!!!

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  4. Re:Marilyn Monroe Complicated Things... by 93+Escort+Wagon · · Score: 3, Insightful

    why is this chick considered to be attractive?

    if anything she's just a plain jane.

    We'll see how good YOU look after you've been dead 50 years...

    --
    #DeleteChrome
  5. $commentSubject by Falos · · Score: 3, Insightful

    >How did Warner/Chappell get the rights?

    They called dibs. C'mon, even children know how imaginary property works.

  6. Re:Corporations are not People by flopsquad · · Score: 4, Insightful

    Returning copyright terms to a reasonable length is about fairness to society. It has nothing to do with fairness to content creators or preventing infringement.

    We the people grant a limited monopoly on creative expression in order to promote more creative expression (paraphrasing Article I, Section 8, Clause 8).

    Among the arguments in favor of this monopoly right, "fairness" (i.e. I should control how this gets used because I worked hard to make it) is perhaps the least compelling.

    --
    Nothing posted to /. has ever been legal advice, including this.
  7. Re:I can't believe it. by Opportunist · · Score: 3, Insightful

    Depends only on fine, profit and chance to be caught.

    Whether a law is upheld by a corporation is a matter of risk management and accounting, not legal.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.