added clarification from james grimmelmann

[unhappybirthday] / index.html

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@@ -30,7 +30,7 @@ currently owned and actively enforced by Time Warner?</p>
 ...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>
@@ -84,6 +84,16 @@ hear.</a></li>
 
 </ul>
 
+<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 royalities. 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>
 
@@ -100,11 +110,20 @@ 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 <cite>Happy Birthday</cite> to your family at
-home, you're probably not committing copyright infringment. However, if you
-do it in an restaurant &mdash; and if the restaurant hasn't already worked
-out a deal with ASCAP &mdash; 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 &mdash; and if the restaurant
+hasn't already worked out a deal with ASCAP &mdash; you may be engaging
+in <em>copyright infringement</em>.</p>
 
 <h2>How Can I Help Stop Infringement?</h2>