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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.
Music can easily become "classic" or "folk" in a century or so.
it's not like your future great grandchildren are going to encourage you to make more music, so they can profit. Or in this case, future huge music conglomerates.
Warner wouldn't steal a car, would they?
Ever notice they don't sing happy birthday in Futurama? "What day is today? It's Bender's birthday! And you smell like one, too!"
"I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)
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The melody is surely public domain based on Good Morning to All and putting new lyrics on it doesn't change that. That's why the rights reverted to the authors of Good Morning to All. You can't have it both ways. Haha, just kidding, a corporation wants it both ways, so the government will be happy to bend over for them. Still, if you want alternatives: http://mycloudplayers.com/?id=... http://users.aei.ca/robr/Birth... http://users.aei.ca/robr/Birth... http://users.aei.ca/robr/Happy...
This is the best restaurant I ever eat in
Happy birthday to you
Happy birthday to you
Happy birthday Mr President
Happy birthday to you
Thanks, Mr President
For all the things you've done
The battles that you've won
The way you deal with U.S. Steel
And our problems by the ton
We thank you so much
Everybody, happy birthday
Left MS Windows for Linux Mint and never looked back!
Vote for Bernie in 2016!
My criminal tendencies date back to when I was a little tyke and grandma made me sing that song.
I coulda been a champion grandma.
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!
-Forrest Cameranesi, Geek of all Trades
"I am Sam. Sam I am. I do not like trolls, flames, or spam."
FTFA:
If "sometime in '20s" was 1929, then this copyright calculator says Jan. 1, 2025.
>How did Warner/Chappell get the rights?
They called dibs. C'mon, even children know how imaginary property works.
Make the copyright only go to the person in 13 year periods, renewable for their life, and with one extension if they have a spouse or children that survive them.
Only allow corporations to rent part of a 13 year period. Forcing them to renegotiate with the living human for each cycle.
Make it so!
-- Tigger warning: This post may contain tiggers! --
I'd like to see a "happy birthday" song to the music of "Chacarron" by El Chombo.
Get free satoshi (Bitcoin) and Dogecoins
Long ago on usenet, someone who seemed to be against the long term copyright extensions was asking people to send in video of politicians singing happy birthday in public. I don't remember the specifics and I suspected it might have been a lobist or someone working for the rights holder.
I still think it would be cool for someone like the EFF to start collecting this so the next time Disney wants another 20 years, they can come out and list a whole bunch of pirates that are in congress.
"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Key words spelled out right in the constitution at least here in the US are "Authors and Inventors" and "limited Times", both of which appear to be FAR beyond the veil here. The artists have been dead since 1946 and no one with their head screwed on straight wound consider over a hundred and twenty years to be a "limited time" especially when you take into account that at the time the constitution was written you considered yourself lucky if you lived into your 40s.
This article isn't very accurate. The real story make the copyright claims even more absurd. See https://en.wikipedia.org/wiki/.... The melody and general idea of the lyrics date back at least to the mid-1800s. The song "Good Morning to All" was published in a song book in 1893, but the authors of that book had been singing it with their kindergarten class for many years, and it's not clear they were the original authors of it. The same melody with the words "Happy Birthday to You" was, it appears, an innovation of children who had been in their class, who started singing it at birthday parties. The tradition spread, and it appeared in print at least as early as 1912.
So what do they actually have a copyright on? Well, a piano arrangement was published in 1935. And years later someone came across that piano arrangement, found that a copyright had been registered on it, and (presumably being ignorant of the actual history of the song), thought they owned a copyright on the song and started trying to enforce it.
"I'm too busy to research this and form an educated opinion, but I do have time to tell everyone my uninformed opinion."
The mouse goes public domain in 2024. I'm sure this will be fixed soon.
Lawrence Lessig did. He lost, as usual. That was Eldred v. Ashcroft, 537 U.S. 186 (2003)
The copyright should be unenforceable against a TV show or restaurant that uses the song during a birthday celebration. The doctrine is called "Scène à faire", that which must be done. In the United States, this song is almost always sung at a birthday and if it wasn't sung, you'd have to explain why. This is a case where copyright cannot apply because the song has to be sung. See https://en.wikipedia.org/wiki/Sc%C3%A8nes_%C3%A0_faire
Witness the greed of people who expect to be paid perpetually for something they may or may not have created years ago. I'll bet anyone would take that action if they could. "Hey, man, I made what you called an awesome cheeseburger last year. You owe me royalties." Oh, wait, that does sound stupid.
Would you have to change any lyrics? I mean, how do you know he's *not* singing happy birthday?
The American Dream has too much grinding and the leveling makes no sense. -GameboyRMH (1153867)
If a lot of people came over to my house, would it become public property?
I'm not sure I understand what this post is trying to say.
Lawrence Lessig did. He lost, as usual. That was Eldred v. Ashcroft, 537 U.S. 186 (2003)
At least he has a good idea what he did wrong. Whoever tries again will avoid that mistake, at least.
A few years ago there was a legal decision that you could not copyright a score that was the output of an algorithm. Pi is the output of an algorithm. If you code a song's score into a string of digits, and go searching for that sting in pi, you are sure to find it. Ergo, no song can be copyrighted.
End MGM. Get prospective parents of boys to Google: Men do complain
Huh? Copyright expires in 30 years doesn't it? It's WAY older than that.
Wow! What a list! And ALL counterfeit. THat's something you can take to the bank. Oh forgot.. "Replicas" Well, that's all right then eh?