Unhappy Birthday

+ +

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:
+...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??

+ +

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.

+ +

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.

+ +

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.

+ +

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.

+ +

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:

+ +

+ + +

Is Singing Happy Birthday in Public Really Copyright Infringement

+ +

Yes.

+ +

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

+ +

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.

+ +

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 are many ways to get in contact with ASCAP:

+ +

+
Email
+licensing@ascap.com
+ + +
Mailing Address
+ASCAP - New York
+One Lincoln Plaza
+New York, NY 10023
+ +
Phone
+1-800-505-4052
+

+ +

It would also be a good idea to keep Warner Brothers' in the +loop. Here's their information:

+ +

+ +
Mailing Address
+Time Warner Inc.
+One Time Warner Center
+New York, NY 10019-8016
+ +
Phone
+1-212-484-8000
+ +

+ +

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:

+ +

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."
+
+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
+

+ + +

About Us

+ +

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.

+ +

You can support us in a number of ways including 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 mako@atdot.cc

+ +