Did you know an unauthorized public performance is a form of +
Did you know an unauthorized public performance is often a form of copyright infringement?
@@ -89,7 +89,7 @@ href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1111624">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 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. @@ -110,11 +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." -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.
+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.