X-Git-Url: https://projects.mako.cc/source/unhappybirthday/blobdiff_plain/5769e678cd52769c1fb9cf73e6984628bbffc466..9dc2a26235e31f8501b27a1e172b468e2dddb58e:/index.html diff --git a/index.html b/index.html index 38ca4f3..4c25bc9 100644 --- a/index.html +++ b/index.html @@ -22,103 +22,127 @@ alt="logo" align="center"/>
-

Did you know Happy Birthday is copyrighted and the copyright is +

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 -copyright infringement??

+

Did you know an unauthorized public performance is often a form of +copyright infringement?

-

Is Happy Birthday Really Copyrighted?

+

Is Happy Birthday Really Copyrighted?

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 melody has since passed 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 +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.

+similarities between Good Morning to All and Happy +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 +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 no longer independent, 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 licensed and 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:

+copyright status, check out these resources:

+

Update: This +article 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.

-

Is Singing Happy Birthday in Public Really Copyright Infringement

+ +

Is Singing Happy Birthday in Public Really Copyright +Infringement?

Yes.

-

According to (the United States copyright law in According to United States copyright law in United States Code, Title -17 §106, authors of works have the exclusive right, among -many other things, "to perform the copyrighted work publicly." In , authors of works such as musical compositions have the +exclusive right "to perform the copyrighted work publicly." In +United States Code, 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.

- -

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.

+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."

+ +

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.

+ + +

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.

How Can I Help Stop 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 monetary royalties will be negligible for a +single restaurant performance, 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 of copyright infringement of Happy +Birthday. Let's right the balance and tell ASCAP about +every one of these violations!

There are many ways to get in contact with ASCAP:

@@ -136,8 +160,9 @@ 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:

@@ -151,42 +176,46 @@ 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 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:

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 disregard for the
-law shown by the rampant infringement relating to this "Happy Birthday
-To You."
-
-It is with this in mind that I wish to bring your attention an
-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.
-
-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.
-
-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.
-
-Regards,
--->> YOUR NAME
--->> YOUR ADDRESS
+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 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)
+
+I hope that you are able to quickly follow up on this and to enforce
+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 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."
+
+Sincerely yours,
+-->> YOUR NAME
+-->> YOUR ADDRESS
@@ -195,17 +224,16 @@ Regards,

Unhappy Birthday is a grassroots project run by citizens who are outraged by rampant copyright infringement in today's -society — particularly in relation to the song Happy -Birthday.

+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 items in the official Unhappy Birthday store.

-

Get in contact with our leadership by emailing our copyrighteous -spokesman, Benjamin Mako Hill, at mako@atdot.cc

+

Our president is Raymond Ty. You can get in contact with our +leadership by emailing our copyrighteous spokesman — Benjamin Mako +Hill — at mako@atdot.cc