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7 <title>Unhappy Birthday</title>
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14 <p>A birthday that involves copyright infringement is an...</p>
16 <img src="icon.png" alt="logo" align="center"/> <span
17 class="titletext">Unhappy Birthday</span> <img src="icon.png"
18 alt="logo" align="center"/>
25 <p>Did you know <em>Happy Birthday</em> is copyrighted and the copyright is
26 currently owned and actively enforced by Time Warner?</p>
28 <p>Did you know that if you sing any copyrighted song:<br />
29 ...at a place open to the public<br />
30 ...or among a substantial number of people who are not family or friends<br />
31 You are involved in a public performance of that work?</p>
33 <p>Did you know an unauthorized public performance is a form of
34 <em>copyright infringement?</em>?</p>
38 <h2>Is <em>Happy Birthday</em> Really Copyrighted?</h2>
42 <p>The melody for <em>Happy Birthday</em> was first penned by two
43 sisters from Kentucky: Mildred J. Hill and Patty Smith Hill. The song
44 was called <em>Good Morning to All</em> but bore the recognizable
45 melody. The tune was first published in 1893 in the book <em>Song
46 Stories for the Kindergarten</em>. The tune has since past into the
47 public domain and is safe to hum in public without permission.</p>
49 <p>While it is not entirely clear who first wrote down the words for
50 <em>Happy Birthday</em>, it showed up in a few places before Jessica
51 Hill (another Hill sister) was able to demonstrate undeniable
52 similarities between <em>Good Morning to All</em> and <em>Happy
53 Birthday</em> and to secure the copyright to the song.</p>
55 <p>Working with the Clayton F. Summy Publishing Company, Jessica Hill
56 published and copyrighted "Happy Birthday" in 1935. While the
57 copyright should have expired in 1991, copyright has been extended
58 repeatedly over the last quarter of the twentieth century and the
59 copyright for <em>Happy Birthday</em> is now not due to expire until
62 <p>The Clayton F. Summy Company is now long gone but, through a chain
63 of purchases, the copyright for <em>Happy Birthday To You</em> lies
64 securely in the hands of the Time Warner company. <em>Happy
65 Birthday's</em> copyright is enforced by <a
66 href="http://www.ascap.com/">ASCAP</a> and the simple little ditty
67 brings in more than USD $2 million in annual royalties.</p>
69 <p>For more information on the history of the tune, lyrics, and
70 copyright status check out these resources:</p>
74 <li><a href="http://www.snopes.com/music/songs/birthday.htm">Snopes'
75 article on the legal status of <em>Happy Birthday</em></a></li>
77 <li><a href="http://www.boycott-riaa.com/article/15999">Boycott-RIAA's
78 article on <em>Happy Birthday</em> and copyright</a></li>
81 href="http://www.kuro5hin.org/story/2003/7/5/112441/6280">Kuro5hin's
82 article on parts of the history of <em>Happy Birthday</em> that you might not
87 <h2>Is Singing <em>Happy Birthday</em> in Public Really Copyright
92 <p>According to United States copyright law in <a
93 href="http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000106----000-.html">Title
94 17 §106</a>, authors of works have the <em>exclusive</em> right "to
95 perform the copyrighted work publicly." In <a
96 href="http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000101----000-.html">Title
97 17 §101</a>, the law defines publicly performing a work as "to perform
98 or display it at a place open to the public or at any place where a
99 substantial number of persons outside of a normal circle of a family
100 and its social acquaintances is gathered."</p>
102 <p>This means that if you sing happy birthday to your family at home,
103 you're probably not committing copyright infringment. However, if you
104 do it in an restaurant — and if the restaurant hasn't already worked
105 out a deal with ASCAP — you may be engaging in <em>copyright
106 infringement</em>.</p>
108 <h2>How Can I Help Stop Infringement?</h2>
110 <p>The best way to stop infringement is to tell the authorities and
111 the owners so that they can follow up and arrange for a license and
112 for royalties to be paid. Licenses for <em>Happy Birthday</em> are
113 controlled by ASCAP. While for a single restaurant performance,
114 monetary royalties will be negligable, it is the principle that is at
117 <p>If you have seen someone singing happy birthday in a restaurant, a
118 park, or at a school, you should tell ASCAP so that they can arrange
119 for a license. If you are an offender, you should apologize and offer
120 to pay whatever is due — a nickel, a quarter, a dollar —
121 whatever ASCAP demands.</p>
123 <p>There is an overwhelming amount copyright infringement of <em>Happy
124 Birthday</em>. </em> Let's right the balance and tell ASCAP about
125 every one of them!</p>
127 <p>There are many ways to get in contact with ASCAP:</p>
130 <p><strong>Email</strong><br />
131 <a href="mailto:licensing@ascap.com">licensing@ascap.com</a></p>
134 <p><strong>Mailing Address</strong><br />
135 ASCAP - New York<br />
136 One Lincoln Plaza<br />
137 New York, NY 10023</p>
139 <p><strong>Phone</strong><br/>
143 <p>It would also be a good idea to keep the song's owner —
144 Time Warner — in the loop. Here is their contact
149 <p><strong>Mailing Address</strong><br/>
150 Time Warner Inc.<br/>
151 One Time Warner Center<br/>
152 New York, NY 10019-8016<br/></p>
154 <p><strong>Phone</strong><br/>
159 <p>If you're going send a message, here's a sample message. You'll
160 want to modify yours to include information to include correct details
161 on the infringement:</p>
166 The copyrighted status of "Happy Birthday To You" and and the law
167 related to public performances of copyrighted works have recently been
168 brought to my attention. I am very concerned by the public's apparent
169 disregard for copyright law demonstrated by rampant infringement of
170 "Happy Birthday To You."
172 It is with this in mind that I wish to bring to your attention a
173 recent unauthorized performance:
175 -->> WHEN (e.g., December 10, 2004)
176 -->> WHERE (e.g., at the Vol De Nuit at 148 West 4th Street in New York
177 -->> WHO (e.g., a group of patrons and the barstaff)
179 I hope that you are able to quickly follow up on this and to enforce
180 your copyright and extract the necessary royalties and licenses from
183 It is, in part, because of your lax and selective enforcement of your
184 copyright that most people do not realize that "Happy Birthday To You"
185 is even copyrighted at all.
187 In the event that you choose to continue selective enforcement of
188 "Happy Birthday To You", for whatever reason, please considering
189 asking Congress to change copyright law to reflect the way that most
190 people view and interact with copyrighted works such as "Happy
202 <p><strong>Unhappy Birthday</strong> is a grassroots project run by
203 citizens who are outraged by rampant copyright infringement in today's
204 society — particularly in relation to the song <em>Happy
207 <p>You can support us by buying overpriced tat in the <a
208 href="http://www.cafepress.com/unhappybirthday">official Unhappy
209 Birthday store</a>.</p>
211 <p>You can get in contact with our leadership by emailing our
212 copyrighteous spokesman — Benjamin Mako Hill — at <a
213 href="mailto:mako@atdot.cc">mako@atdot.cc</a> </p>
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