Linked by Thom Holwerda on Wed 29th Dec 2010 22:45 UTC
Thread beginning with comment 455126
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RE: "Happy Birthday" pirates
by elsewhere on Thu 30th Dec 2010 08:11
in reply to ""Happy Birthday" pirates"
Now I realize that each one of us who attended the party are liable for a minimum US$150,000 in fines for copyright infringement. That's money we don't have, so imprisonment is called for.
You're being a little dramatic. Seriously, if you contacted the RIAA, they would likely let you off the hook for a one-time group payment of $150,000, instead of everyone paying individually. They're pretty reasonable that way.
Besides, you're of no value to them if you're in jail.
; )
Edited 2010-12-30 08:12 UTC
RE: "Happy Birthday" pirates
by jonas.kirilla on Thu 30th Dec 2010 23:35
in reply to ""Happy Birthday" pirates"
How is it possible for an American company to register and hold copyright, when the registered, supposed authors (Orem and Forman) seem to be originators of neither melody nor lyrics?
Is the general public just out of luck until the copyright expires, after some 70+70 years? (Assuming the originators are all dead and there is no one with finances around to challenge Warner in court. And for what personal gain.)
RE[2]: "Happy Birthday" pirates
by ozonehole on Fri 31st Dec 2010 00:44
in reply to "RE: "Happy Birthday" pirates"
I know it's a little late in this thread, but I looked up the answer for you:
http://www.snopes.com/music/songs/birthday.asp
Only in America.




Member since:
2006-01-07
I'm sure glad that this topic was brought up. I'm disgraced to say that I attended a birthday party for my brother-in-law last week. His wife bought a cake, lit the candles, and we all sang "Happy Birthday to You." Unfortunately, we didn't have a license for this copyrighted song. Wikipedia explains:
The melody of "Happy Birthday to You" comes from the song "Good Morning to All", which was written and composed by American siblings Patty Hill and Mildred J. Hill in 1893. Patty was a kindergarten principal in Louisville, Kentucky, developing various teaching methods at what is now the Little Loomhouse; Mildred was a pianist and composer. The sisters created "Good Morning to All" as a song that would be easy to be sung by young children. The combination of melody and lyrics in "Happy Birthday to You" first appeared in print in 1912, and probably existed even earlier. None of these early appearances included credits or copyright notices. The Summy Company registered for copyright in 1935, crediting authors Preston Ware Orem and Mrs. R.R. Forman. In 1990, Warner Chappell purchased the company owning the copyright for $15 million, with the value of "Happy Birthday" estimated at $5 million. Based on the 1935 copyright registration, Warner claims that the United States copyright will not expire until 2030, and that unauthorized public performances of the song are technically illegal unless royalties are paid to it.
Now I realize that each one of us who attended the party are liable for a minimum US$150,000 in fines for copyright infringement. That's money we don't have, so imprisonment is called for. Of course, that's totally fair - surely the Hill sisters (who are now in Heaven) would demand fines and/or imprisonment for anyone who didn't buy a license to sing their 1893 tune. My brother-in-law's two kids are age 12 and 13, so they won't do hard time, just a few months in juvenile lock-up before being sent to foster homes. Again, it's the right thing to do - it's a lesson in copyright law that they surely will never forget.
I feel so much safer knowing that we have laws like this to protect us.
Edited 2010-12-30 07:30 UTC