<div class="bodybox">
<div class="warning">
-<p>Did you know <em>Happy Birthday</em> is copyrighted and the copyright is
+<p>Did you know <cite>Happy Birthday</cite> is copyrighted and the copyright is
currently owned and actively enforced by Time Warner?</p>
<p>Did you know that if you sing any copyrighted song:<br />
...or among a substantial number of people who are not family or friends<br />
You are involved in a public performance of that work?</p>
-<p>Did you know an unauthorized public performance is a form of
-<em>copyright infringement?</em>?</p>
+<p>Did you know an unauthorized public performance is often a form of
+<em>copyright infringement</em>?</p>
</div>
-<h2>Is <em>Happy Birthday</em> Really Copyrighted?</h2>
+<h2>Is <cite>Happy Birthday</cite> Really Copyrighted?</h2>
<p><em>Yes</em>.</p>
-<p>The melody for <em>Happy Birthday</em> was first penned by two
-sisters from Kentucky: Mildred J. Hill and Patty Smith Hill. The song
-was called <em>Good Morning to All</em> but bore the recognizable
-melody. The tune was first published in 1893 in the book <em>Song
-Stories for the Kindergarten</em>. The tune has since past into the
-public domain and is safe to hum in public without permission.</p>
+<p>The melody for <cite>Happy Birthday</cite> was first penned by two
+sisters from Kentucky, Mildred J. Hill and Patty Smith Hill. The song
+was called <cite>Good Morning to All</cite>, but bore the recognizable
+melody. The tune was first published in 1893 in the book <cite>Song
+Stories for the Kindergarten</cite>. The melody has since passed into the
+public domain, and is safe to hum in public without permission.</p>
<p>While it is not entirely clear who first wrote down the words for
-<em>Happy Birthday</em>, it showed up in a few places before Jessica
+<cite>Happy Birthday</cite>, it showed up in a few places before Jessica
Hill (another Hill sister) was able to demonstrate undeniable
-similarities between <em>Good Morning to All</em> and <em>Happy
-Birthday</em> and to secure the copyright to the song.</p>
+similarities between <cite>Good Morning to All</cite> and <cite>Happy
+Birthday</cite> and to secure the copyright to the song.</p>
<p>Working with the Clayton F. Summy Publishing Company, Jessica Hill
-published and copyrighted "Happy Birthday" in 1935. While the
+published and copyrighted <cite>Happy Birthday</cite> 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 <em>Happy Birthday</em> is now not due to expire until
+copyright for <cite>Happy Birthday</cite> is now not due to expire until
at least 2030.</p>
-<p>The Clayton F. Summy Company is now long gone but, through a chain
-of purchases, the copyright for <em>Happy Birthday To You</em> lies
-securely in the hands of the Time Warner company. <em>Happy
-Birthday's</
em> copyright is enforced by <a
-href="http://www.ascap.com/">ASCAP</a> and the simple little ditty
-brings in more than USD $2 million in annual royalties.</p>
+<p>The Clayton F. Summy Company is no longer independent, but, through
+a chain of purchases, the copyright for <cite>Happy Birthday To You</cite>
+lies securely in the hands of the Time Warner company. <cite>Happy
+Birthday's</
cite> copyright is licensed and enforced by <a
+href="http://www.ascap.com/">ASCAP</a>, and the simple little ditty
+brings in more than USD $2 million in annual royalties.</p>
<p>For more information on the history of the tune, lyrics, and
-copyright status check out these resources:</p>
+copyright status, check out these resources:</p>
<ul>
<li><a href="http://www.snopes.com/music/songs/birthday.htm">Snopes'
-article on the legal status of <em>Happy Birthday</em></a></li>
+article on the legal status of <cite>Happy Birthday</cite></a></li>
-<li><a href="http://www.boycott-riaa.com/article/15999">Boycott-RIAA's
-article on <em>Happy Birthday</em> and copyright</a></li>
+<li><a href="http://www.boycott-riaa.com/article/15999">Great
+article on <cite>Happy Birthday</cite> and copyright by Kembrew McLeod</a></li>
<li><a
href="http://www.kuro5hin.org/story/2003/7/5/112441/6280">Kuro5hin's
-article on parts of the history of <em>Happy Birthday</em> that you might not
+article on parts of the history of <cite>Happy Birthday</cite> that you might not
hear.</a></li>
</ul>
-<h2>Is Singing <em>Happy Birthday</em> in Public Really Copyright
-Infringement</h2>
+<p><strong>Update:</strong> <a
+href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1111624">This
+article</a> by law professor Robert Brauneis has raised some important
+questions about the history of Happy Birthday. That said, copyright in
+the song continues to be enforced and Warner Brothers continues to
+collect more than $2 million each year in royalties. Until we hear a
+judge rule on Brauneis's suggestions, we'll continue to give Warner and
+the market the benefit of the doubt.</p>
+
+
+<h2>Is Singing <cite>Happy Birthday</cite> in Public Really Copyright
+Infringement?</h2>
<p><em>Yes</em>.</p>
-<p>According to United States copyright law in <a
+<p>According to United States copyright law in
United States Code, <a
href="http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000106----000-.html">Title
-17 §106</a>, authors of works have the <em>exclusive</em> right "to
-perform the copyrighted work publicly." In <a
+17 §106</a>, authors of works such as musical compositions have the
+<em>exclusive</em> right "to perform the copyrighted work publicly." In
+United States Code, <a
href="http://assembler.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000101----000-.html">Title
17 §101</a>, 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."</p>
-<p>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 <em>copyright
-infringement</em>.</p>
+<p>Additionally, United States Code Title 17, §110(4) states that
+singing the song among a group of people "without any direct or indirect
+commercial advantage" will not constitute infringement either. But keep
+in mind: "indirect commercial advantage" is very broad. Courts have
+found that restaurants, camps, and other venues benefit indirectly from
+performances of songs like Happy Birthday. Unless the song has been
+licensed in these situations, it's infringement.</p>
+
+
+<p>This means that if you sing <cite>Happy Birthday</cite> 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 <em>copyright infringement</em>.</p>
<h2>How Can I Help Stop Infringement?</h2>
<p>The best way to stop infringement is to tell the authorities and
the owners so that they can follow up and arrange for a license and
-for royalties to be paid. Licenses for <em>Happy Birthday</em> are
-controlled by ASCAP. While for a single restaurant performance,
-monetary royalties will be negligable, it is the principle that is at
+for royalties to be paid. Licenses for <cite>Happy Birthday</cite> are
+controlled by ASCAP. While monetary royalties will be negligible for a
+single restaurant performance, it is the principle that is at
stake.</p>
-<p>If you have seen someone singing happy birthday in a restaurant, a
-park, or at a school, you should tell ASCAP so that they can arrange
+<p>If you have seen someone singing <cite>Happy Birthday</cite> in a restaurant,
+a park, or at a school, you should tell ASCAP so that they can arrange
for a license. If you are an offender, you should apologize and offer
to pay whatever is due — a nickel, a quarter, a dollar —
whatever ASCAP demands.</p>
-<p>There is an overwhelming amount copyright infringement of <em>Happy
-Birthday</em>. </em> Let's right the balance and tell ASCAP about
-every one of them!</p>
+<p>There is an overwhelming amount of copyright infringement of <cite>Happy
+Birthday</cite>. Let's right the balance and tell ASCAP about
+every one of these violations!</p>
<p>There are many ways to get in contact with ASCAP:</p>
</blockquote>
-<p>If you're going send a message, here's a sample message. You'll
-want to modify yours to include information to include correct details
-on the infringement:</p>
+<p>If you're going to send a message, here's a sample letter. (Before
+sending such a letter, you should know that some restaurants,
+nightclubs, etc., pay for blanket ASCAP catalogue licenses that might
+exempt patrons from copyright liability for singing during dinner.)
+You'll want to modify yours to include correct details on the
+infringement:</p>
<blockquote>
<pre>Dear ASCAP,
-The copyrighted status of "Happy Birthday To You" and and the law
+The copyright status of "Happy Birthday To You" and the law
related to public performances of copyrighted works have recently been
brought to my attention. I am very concerned by the public's apparent
disregard for copyright law demonstrated by rampant infringement of
"Happy Birthday To You."
It is with this in mind that I wish to bring to your attention a
-recent unauthorized performance:
+recent unauthorized public performance:
- -->> WHEN (e.g., December 10, 2004)
- -->> WHERE (e.g., at the Vol De Nuit at 148 West 4th Street in New York
- -->> WHO (e.g., a group of patrons and the barstaff)
+ -->> WHEN (e.g., December 10, 2004)
+ -->> WHERE (e.g., at the Vol De Nuit at 148 West 4th Street in New York)
+ -->> WHO (e.g., a group of patrons and the barstaff)
I hope that you are able to quickly follow up on this and to enforce
-your copyright and extract the necessary royalties and licenses from
+your copyright and extract the necessary royalties or licenses from
the offenders.
It is, in part, because of your lax and selective enforcement of your
copyright that most people do not realize that "Happy Birthday To You"
is even copyrighted at all.
-In the event that you choose to continue selective enforcement of
-"Happy Birthday To You", for whatever reason, please considering
-asking Congress to change copyright law to reflect the way that most
-people view and interact with copyrighted works such as "Happy
+In the event that you choose to continue selectively enforcing the
+copyright in "Happy Birthday To You," for whatever reason, please
+consider asking Congress to change copyright law to reflect the way that
+most people view and interact with copyrighted works such as "Happy
Birthday."
-Regards,
--->> YOUR NAME
--->> YOUR ADDRESS
+Sincerely yours,
+-->> YOUR NAME
+-->> YOUR ADDRESS
</pre>
</blockquote>
<p><strong>Unhappy Birthday</strong> is a grassroots project run by
citizens who are outraged by rampant copyright infringement in today's
-society — particularly in relation to the song <em>Happy
-Birthday</em>.</p>
+society — particularly in relation to the song <cite>Happy
+Birthday</cite>.</p>
-<p>You can support us by buying overpriced
tat in the <a
+<p>You can support us by buying overpriced
items in the <a
href="http://www.cafepress.com/unhappybirthday">official Unhappy
Birthday store</a>.</p>
-<p>You can get in contact with our leadership by emailing our
-copyrighteous spokesman — Benjamin Mako Hill — at <a
-href="mailto:mako@atdot.cc">mako@atdot.cc</a> </p>
+<p>Our president is Raymond Ty. You can get in contact with our
+leadership by emailing our copyrighteous spokesman — Benjamin Mako
+Hill — at <a href="mailto:mako@atdot.cc">mako@atdot.cc</a> </p>
</div>
projects / unhappybirthday / blobdiff