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 a copyrighted song:
+
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 performances is +
Did you know an unauthorized public performance is a form of copyright infringement??
@@ -41,84 +39,90 @@ You are involved in a public performance of that work?Yes.
-The melody for Happy Birthday was first penned by two sisters -from Kentucky involved in teaching and education: 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 tune, being -older, is in the public domain. You should be alright humming.
+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 tune has since past 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 of Happy Birthday To -You.
+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 -Happy Birthday is not due to expire until at least 2030.
+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 more but, through a chain of -purchase, the copyright lies securely in the hands of Time -Warner. Happy Birthday's copyright is enforced by ASCAP and the little ditty brings in -more than $2 million USD in annual royalties.
+The Clayton F. Summy Company is now long gone 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 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:
-There area number of good resources for information on happy -birthday on the web. This include:
-Yes.
-According to (the United States copyright law in According to United States copyright law in Title -17 §106, authors of works have the exclusive right, among -many other things, "to perform the copyrighted work publicly." In , authors of works have the exclusive right "to +perform the copyrighted work publicly." In Title -17 §101, the law defines publicly performing a work as to "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.
+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." -Basically, this means that if you sing happy birthday to to your -sister at home, you're probably alright. But if you do it in an -restaurant, and if the restaurant hasn't paid up to Warner or to -ASCAP, you may very well be engaging in copyright infringement.
+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.
The best way to stop infringement is to tell the -authorities. Licenses for Happy Birthday are controlled by -ASCAP.
+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 Happy Birthday are +controlled by ASCAP. While for a single restaurant performance, +monetary royalties will be negligable, it is the principle that is at +stake.
+ +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 +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.
-If you have seen someone signing happy birthday in a restaurant, a -park, or at a school, you should tell ASCAP. If you were the offender, -you should apologize and offer to pay whatever is due — a -nickle, a quarter, a dollar. There is an overwhelming amount copyright -infringement pertaining to Happy Birthday. Lets set the -balance right and overwhelm ASCAP with reports.
+There is an overwhelming amount copyright infringement of Happy +Birthday. Let's right the balance and tell ASCAP about +every one of them!
There are many ways to get in contact with ASCAP:
@@ -136,8 +140,9 @@ New York, NY 10023 1-800-505-4052 -It would also be a good idea to keep Warner Brothers' in the -loop. Here's their information:
+It would also be a good idea to keep the song's owner — +Time Warner — in the loop. Here is their contact +information:
@@ -151,38 +156,39 @@ New York, NY 10019-8016-
If you're going send a message, here's a sample message although -you'll want to modify yours to include information to include correct -details on the infringement:
+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:
Dear ASCAP, The copyrighted status of "Happy Birthday To You" and and the law related to public performances of copyrighted works have recently been -brought to my attention. I am very concerned by the disregard for the -law shown by the rampant infringement relating to this "Happy Birthday -To You." +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 your attention an -unauthorized performance: +It is with this in mind that I wish to bring to your attention a +recent unauthorized 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) -I hope that you are able to quickly follow through on this and to -enforce your copyright and extract the necessary the offenders. +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 +the offenders. -It is because of your lax and selective enforcement of the copyright -in this work that most people don't even realize that the song is -copyrighted. You might see very different behavior from people if the -knew. +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 -lobbying congress to change the laws to reflect the way that most -people actually interact with copyright works such as this. +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 @@ -198,13 +204,12 @@ citizens who are outraged by rampant copyright infringement in today's society — particularly in relation to the song Happy Birthday. -You can support us in a number of ways including by buying -overpriced tat in the You can support us by buying overpriced tat in the official Unhappy Birthday store.
-Get in contact with our leadership by emailing our copyrighteous -spokesman, Benjamin Mako Hill, at You can get in contact with our leadership by emailing our +copyrighteous spokesman — Benjamin Mako Hill — at mako@atdot.cc