Happy Birthday ©

international | arts and media | other press

Thursday October 20, 2005 12:39

by freepress human interest

from their website.

"Unhappy Birthday is a grassroots project run by citizens who are outraged by rampant copyright infringement in today's society — particularly in relation to the song Happy Birthday."

"Did you know Happy Birthday is copyrighted and the copyright is currently owned and actively enforced by Time Warner?

Did you know that if you sing any copyrighted song:
...at a place open to the public
...or among a substantial number of people who are not family or friends
You are involved in a public performance of that work?

Did you know an unauthorized public performance is a form of copyright infringement?"

"The melody for Happy Birthday was first penned by two sisters from Kentucky, Mildred J. Hill and Patty Smith Hill. The song was called Good Morning to All, but bore the recognizable melody. The tune was first published in 1893 in the book Song Stories for the Kindergarten. The melody has since passed into the public domain, and is safe to hum in public without permission.

While it is not entirely clear who first wrote down the words for Happy Birthday, it showed up in a few places before Jessica Hill (another Hill sister) was able to demonstrate undeniable similarities between Good Morning to All and Happy Birthday and to secure the copyright to the song.

Working with the Clayton F. Summy Publishing Company, Jessica Hill published and copyrighted Happy Birthday in 1935. While the copyright should have expired in 1991, copyright has been extended repeatedly over the last quarter of the twentieth century and the copyright for Happy Birthday is now not due to expire until at least 2030.

The Clayton F. Summy Company is no longer independent, but, through a chain of purchases, the copyright for Happy Birthday To You lies securely in the hands of the Time Warner company. Happy Birthday's copyright is licensed and enforced by ASCAP, and the simple little ditty brings in more than USD $2 million in annual royalties.

For more information on the history of the tune, lyrics, and copyright status, check out these resources:
Snopes' article on the legal status of Happy Birthday
Great article on Happy Birthday and copyright by Kembrew McLeod
Kuro5hin's article on parts of the history of Happy Birthday that you might not hear.
Is Singing Happy Birthday in Public Really Copyright Infringement?

Yes.

According to United States copyright law in United States Code, Title 17 §106, authors of works such as musical compositions have the exclusive right "to perform the copyrighted work publicly." In United States Code, Title 17 §101, the law defines publicly performing a work as "to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered."

This means that if you sing Happy Birthday to your family at home, you're probably not committing copyright infringment. However, if you do it in an restaurant — and if the restaurant hasn't already worked out a deal with ASCAP — you may be engaging in copyright infringement."
_______________________________________
If you are aghast at such copyright infringement
goto the site and get informed and join the campaign.
http://www.unhappybirthday.com/

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