...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
+<p>Did you know an unauthorized public performance is often a form of
<em>copyright infringement</em>?</p>
</div>
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 royalities. Until we hear a
+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>
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 <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>
+<p>Additionally, United States Code Title 17, ยง110(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>