The Happy Birthday Copyright Saga: Generating Millions On A Copyright That May Not Exist
from the but-would-anyone-test-it-in-court? dept
In the past we've joked about the (supposed) fact that the song "Happy Birthday" remains under copyright, due to a copyright originally held by sisters Mildred and Patti Hill, the claimed original authors of the song. However, William Patry points us to a fascinatingly detailed research paper into questions surrounding the copyright. What comes out of it is pretty strong evidence that the copyright is not valid -- but it's never gotten far enough in court to have a decision rendered. Plus, it sounds like many aspects of the "history" of the song really appear to be close to a myth.
The sisters in question may have written the melody, but they almost definitely did not write the lyrics (their original copyright was on a different set of lyrics, "Good Morning to All"). As for the melody, there's plenty of evidence to suggest that it was actually taken from a series of extremely similar songs. So, there's a good chance they wrote neither the melody nor the lyrics. Also, there are numerous questions concerning whether or not the copyright holders correctly followed the various rules required of copyright holders at the time, suggesting that even if there were a legal copyright at some point, it's long since expired. And, of course, there's even some evidence to suggest less-than-legal tactics involved with transferring around some of the interest in the song. Amazingly, however, the legitimacy of the copyright has never been determined in court, and it now generates over $2 million per year. Over 1% of the money that ASCAP distributes to songwriters is for this one song, even though it may not be legitimate. Somehow, I doubt this is what the Founding Fathers intended when they wrote the Constitution.
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Dead and Gone by eleete on May 9th, 2008 @ 5:15am
Too bad the original framers are not with us any longer, with the PRO IP bill, doesn't seem to matter what the original framers wanted, the new Congress will see to it that the industries get THEIR interpretation of IP Laws.
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by Overcast on May 9th, 2008 @ 5:51am
All Hail the NEW WORLD ORDER!!!
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The Cure by Ferd on May 9th, 2008 @ 5:52am
Constipitution? What the heck is that? Sounds like a disease. Hey! Let's treat that disease with free universal health care! And pay for it by capping income on all evil job creating corporations and giving the profits to the efficient, benevolent, always-right Federal Govmint.
Constipitution... if its not a disease, its got to be something equally stupid advocated by those rascally Conservatives.
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Re: The Cure by Liberal, yes. on May 9th, 2008 @ 6:41am
Oh, yeah, because those evil job creating corporations really need those extra millions to top their billions, no?
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Re: Re: The Cure by Anonymous Coward on May 9th, 2008 @ 7:16am
Of course they need those extra millions... they found a niche... they filled it... they made money from it...
Of course, since most people don't understand that logic, let's put it into terms they do understand.
Imagine that you work as a waiter/waitress. You work your butt off to make sure your section gets the best service ever. Do you expect a tip? Do you expect a good tip or is $1 for a $30 meal enough?
If you feel these companies do not "need" the extra money, then do you "need" the extra money from the tip?
Sure it is a scaled down example but the concept is the same.
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Re: Re: Re: The Cure by Shaun on May 9th, 2008 @ 7:25am
WTF is with the US and tips? Can't people just get paid a proper wage by their employers instead of having to rely on tips to supplement their wage?
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Re: Re: Re: The Cure by Anonymous Coward on May 9th, 2008 @ 7:25am
You are sick with little understanding what constitutes a scam.
If someone charges you rent to use something they do not own then they are scamming ie stealing from you.
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Re: The Liberal Cure to our Founding Principles by Ferd on May 9th, 2008 @ 7:34am
"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor and bread it has earned - this is the sum of good government."
"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny."
"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."
"My reading of history convinces me that most bad government results from too much government."
"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."
"To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical."
"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness."
Thomas Jefferson
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Re: Founding Principles by Kev on May 9th, 2008 @ 7:53am
The founding fathers had the right ideas and it hurts me to think that we are slowly destroying what they created. It is an erosion of the core principles of our freedom that comes from laziness and ignorance. We don't need a government to tell us to be honest, generous or how to parent we simply need to focus on the principles our country was based on and strive to fulfill them .
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Re: Re: Re: Re: The Cure by Euro Waitress on May 9th, 2008 @ 8:05am
WTF is with (insert Euro country) and Value Added Tax...
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Re: Re: Re: Re: The Cure by niftyswell on May 9th, 2008 @ 8:21am
I prefer a waiter expecting a tip for service. After spending 20 minutes waiting for a beer and another half hour waiting for someone to take my order every time I travel to Europe, I prefer to reward performance and to have someone held accountable when their work ethic is crap.
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Re: Re: Re: Re: The Cure by Zaide on May 9th, 2008 @ 9:11am
Shaun, you really don't care about quality service, do you? In fact, you're probably some shitty waiter that feels just showing up entitles you to money. Sure, some people are assholes and don't understand why tips are necessary (ie you), but the rest of us like rewarding those that do their job well. Besides, it's still going to come out of your pocket, because the restaurant would raise the cost of the food to make up the difference in wage vs cost. With the current system, only the worthy get paid a good wage. Why is that you think that we should all get the same pay regardless of work quality?
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Re: Re: Re: Re: Re: The Cure by dorpass on May 9th, 2008 @ 9:35am
Why is that you think that we should all get the same pay regardless of work quality?
Zaide, that's a moronic statement. Waiters don't get paid the same whether or not they count on tips, so what you are saying has no relevance to this conversation or real world. Get a grip, just because the manager in your restaurant abused you, doesn't mean all other waiters suck.
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Re: Re: Re: Re: Re: Re: The Cure by Spectere on May 9th, 2008 @ 10:06am
dorpass, what are you talking about? Zaide didn't imply that in the slightest.
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Re: Re: Re: Re: Re: Re: Re: The Cure by dorpass on May 9th, 2008 @ 10:38am
Spectere, let me quote this again for you
Why is that you think that we should all get the same pay regardless of work quality?
That's from Zaide. No one before him said anything of the kind. He implies that if there are no systematic tips, then everyone will be paid equally regardless of their work quality.
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Re: Re: Re: The Cure by DCX2 on May 9th, 2008 @ 10:50am
Of course they need those extra millions... they found a niche... they filled it... they made money from it...
Of course, since most people don't understand that logic, let's put it into terms they do understand.
I have no problem understanding that logic. The logic I have a problem understanding is how someone can justify a hundred million dollars in personal income (salary, bonus, compensation, etc) when a hundred million dollars can support over 2,000 median household families.
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Re: Re: Re: Re: Re: The Cure by SailorRipley on May 9th, 2008 @ 12:49pm
I don't know where you go every time you travel to Europe, but I've lived there most of my life and been to many countries and NEVER, not even in a big restaurant during dinner rush, or any bar at any time, have I had to wait 20 mins for a drink or (another) half hour for someone to take my order...
either you are full of it, or you just naturally inspire people to not want to serve you
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Re: Re: Re: Re: Re: Re: The Cure by SailorMoon on May 9th, 2008 @ 1:27pm
Hey SailorRipley, I think you are the one full of it. Most low-to-mid budget restaurants in Europe take a long time to take an order. May be in your small village in Croatia your mom served you without a wait, but in the rest of Europe, you gotta wait.
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by Anonymous Coward on May 11th, 2008 @ 1:05am
I think I must be missing something here... how the heck does the crappy Happy Birthday song generate $2 million a year? Where in the world is that money coming from?
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Re: by Mike on May 11th, 2008 @ 1:54pm
I think I must be missing something here... how the heck does the crappy Happy Birthday song generate $2 million a year? Where in the world is that money coming from?
Any restaurant, movie, play or any other type of public performance needs to pay to license the song.
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