X-Git-Url: https://projects.mako.cc/source/unhappybirthday/blobdiff_plain/5a1090470b0cf633ffb51e9d50939fc3b642beee..1e0ad7e453f9b61b115b6039191443ec94d3583a:/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>
@@ -74,8 +74,8 @@ copyright status, check out these resources:</p>
 <li><a href="http://www.snopes.com/music/songs/birthday.htm">Snopes'
 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 <cite>Happy Birthday</cite> 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
@@ -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>
 
@@ -157,18 +176,17 @@ New York, NY 10019-8016<br/></p>
 
 </blockquote>
 
-<p>If you're going send a message, here's a sample letter.  (Before
-sending such a letter, please be sure that the venue where you saw
-<cite>Happy Birthday</cite> performed is not ASCAP-licensed, as some
-restaurants, nightclubs, etc., do have 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
+<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 copyright 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
@@ -213,9 +231,9 @@ Birthday</cite>.</p>
 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 &mdash; Benjamin Mako Hill &mdash; 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 &mdash; Benjamin Mako
+Hill &mdash; at <a href="mailto:mako@atdot.cc">mako@atdot.cc</a> </p>
 
 </div>