It's Time For A New, Copyright-Free Happy Birthday Song, So Help Write One
from the out-with-the-old dept
As you may or may not know, Warner Chappell has claimed that the “most famous song in the world,” Happy Birthday To You, is covered by a copyright held by itself (which it purchased years back). The song generates a ridiculous amount of money per year (estimates say around $2 million) in licensing fees. Back in 2008, we pointed to a detailed academic paper that argues persuasively that the song is not subject to copyright, and should be in the public domain. A few years later, even more evidence was added, showing that the song is firmly in the public domain (and probably has been for over a century). The problem, of course, is that no one is willing to go up against a giant company like Warner to challenge the copyright.
So, perhaps there’s another solution? The folks at the Free Music Archive and WFMU are teaming up to host a “New Happy Birthday Song” contest, asking people to write their own song which they hope to use to replace the more controversial one. They’ve got a fantastic slate of judges including Jonathan Coulton, Ira Kaplan (from Yo La Tengo) and Larry Lessig among others. Also, they’ve put together this fun video of TV shows and movies trying to sing alternate songs to avoid being handed a bill:
Also, of course, this is definitely a cultural longshot. Convincing the world to switch Happy Birthday songs is, perhaps, the ultimate in quixotic goals. But that doesn’t mean that it isn’t worth a shot. So, if you ever wanted a chance to create a song that might, possibly replace the most popular song on the planet, now’s your chance.
Filed Under: copyright, culture, happy birthday, public domain
Comments on “It's Time For A New, Copyright-Free Happy Birthday Song, So Help Write One”
Plus it’s not really copyright free if it’s under cc- by terms. Free as in speech yes, but that license is only enforceable due to copyright law
Re: Re:
It may be very undesirable to have it be copyright-free (eg, public domain).
The evil basterds(tm) can take a public domain work, incorporate into one of their own copyrighted works, and then sue anyone who uses the new song because it infringes their copyrighted work. Wrong yes. But who wants to stand up to them? Nobody.
Having the new song copyrighted and protected by a permissive license is better protection.
Re: Re: Re:
CC-BY does not provide such protection. The Share-Alike licenses (CC-BY-SA, for example) afford the open licensing restriction on derivatives, but your scenario of “evil basterds” appropriating and locking down the work is exactly as possible with CC-BY as it is with CC0 or with no license whatsoever.
Why bother? If it ever actually did catch on, some corrupt company would just usurp the copyright anyway and no one would be able to fight over it all over again.
Re: Re:
If the author bothers to register their copyright, this is unlikely to happen.
Re: Re: Re:
More like if it never becomes worthwhile for someone with deep pockets to corrupt the process, this is unlikely to happen.
It’s your birthday
It’s your birthday
Another year closer to death
Happy birthday
Re: Re:
To be sung exclusively to the elderly or the terminally ill
Re: Re:
My entry:
Happy anniversary of your egress from your mother’s vagina
I hope you’re not squeamish
Have some damned cake.
AND THEN SOME MORE……
Re: Re: Re:
I keep hearing this in the voice of GLADOS with the statement right at the end after a pregnant pause (see what I did there) of “There is no cake”
This raises the obvious question, how does a claimant prove they own copyright?
Is lots of money to win by default in legal proceeding proof of ownership of copyright?
Re: Re:
And the obvious answer is: they don’t need to.
Re: Re:
Would the amount of evidence matter?
The Author could produce the copyright registration.
The Author could produce evidence of the earliest performance and “fixed in tangible medium” which at that moment copyright exists.
The Author could possibly produce intermediate working drafts of music and lyrics. Recordings. If they are dated in a verifiable way, then better.
It would be interesting if one of the RIAA-holes or their shills were to try to claim copyright. How would one prove it?
Re: Re: Re:
Well if a company is claiming copyright, they should be able to produce a signed contract, either of assignment or employment assigning them copyright.
However for older works, this may be difficult, it got lost in an office move or something.
Sure, go ahead and create another copyright-free Happy Birthday song. I’ll just claim copyright and sue you over it anyway and you can just *try* to go against me.
Re: Re:
I’m pretty sure the EFF would help the winner of this contest against you.
Re: Re: Re:
If they could do that, we wouldn’t need the contest, would we?
Cultural Long Shot
Maybe it’s a cultural long shot. But things can go viral for various reasons. One reason is when everyone recognizes a wrong but is individually powerless to do anything about it. Another reason is self interest. Having a new song that:
1. no cost
2. no lawsuit
3. sticks it to the copyright owner demonstrating vulgar greed
may be all the self-interest it takes.
Notice how the United Breaks Guitars song went viral. People could relate, but couldn’t do anything about getting screwed by airlines, other than to spread the song.
If the new song is any good, everyone has a motive to use it.
Re: Cultural Long Shot
But people in general don’t relate to this, because you can sing Happy Birthday at a birthday party with no consequences. I don’t even think you will run into trouble putting it on YouTube. It’s only media companies and restaurant chains who are inconvenienced by it, so the public at large doesn’t really care.
Aqua Teen Hunger Force did it.
Seriously, didn?t Master Shake ? along with Geddy Lee and Zakk Wylde ? already handle this?
Re: Aqua Teen Hunger Force did it.
Yep… Spirit Journey Formation.
“Deep beneath the walls of tiiime…!”
Flash Mob
We should organize a huge flash mob to sing happy birthday in front of their offices.
10585 Santa Monica Boulevard Los Angeles, CA 90025
(310) 441-8600
Who in their right mind would pay those fukwits for the right to sing happy birthday in the first place.
“The song generates a ridiculous amount of money per year (estimates say around $2 million)”
That soulless shit has to stop. Via pitchforks and torches is cool with me.
Nigel
Re: Flash Mob
I?ll get the Guy Fawkes masks.
?what? I like the idea, but not enough to risk a lawsuit when Warner identifies me via security footage.
Re: Re: Flash Mob
Well, if you’re not up for supporting them making money off of the copyright of “Happy Birthday To You” then you’d kind of be shooting yourself in the foot (so to speak) by purchasing Guy Fawkes mask. Which I believe Warner gets a cut off the sale of here in the U.S.
The Russians
already have an alternative – Mnogaya Leta (Many Years).
It is well in the public domain.
Heard here http://www.youtube.com/watch?v=NU-Qe36GDPI
with introductory declamation by Boris Christoff.
If this isn’t the best evidence that copyright is broken i don’t know what is.
Such a fundamental part of American culture, over 100 years old, and some one “owns” it? It is sickening.
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Hey whats this American culture, it is also part of the culture on the this side of the pond. I don’t know about down under.
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Yes here in Aust (and NZ) as well. though we and NZ don’t pay squat to anyone for it since it actually is in the PD here 😉
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Note: School kids also sing another version sometimes here
Happy Birthday to you,
you live in a shoe
You look like a monkey
and you smell like one too
You mean like this one?
http://www.youtube.com/watch?v=2f2PCWYAZQc
Happy Copyright to you
Happy Copyright to you
Sing this song until you’re blue
Just make sure you pay me when you do
Happy Copyright to yoooouuu!
Good Luck
If The Beatles couldn’t supplant the Happy Birthday song, I don’t give a bunch of random people on the internet much of a chance.
Just crowdsource a legal fight against Warner Chappell
I think a far better–and in the long run more valuable–alternative would be to fight the world’s single most egregious example of copyfraud by having someone step up to blatantly abuse the alleged “copyright” and then crowdsource payment of their defense. I’d certainly donate. I am thoroughly sick of copyfraud.
Title
The Lyrics to “Happy Birthday to You” consist entirely of its title. BUT Titles cannot be copyrighted. Therefore it follows that Happy Birthday to you cannot ever have been under copyright.
It’s time for a new copyright-free Happy Birthday song, so write one and place it under a copyright license!
Do not want. Even a license as otherwise permissive as CC-BY scarcely qualifies as “copyright-free”. The license terminates if you fail to uphold the attribution requirement, and let’s remind ourselves what that requirement is:
Singing the new song? Don’t forget to print out or link people to the CC-BY license, and also pass along notice of who holds the copyright! Otherwise you lose the license, and all of your permissions to copy, remix, and perform the song get retroactively removed. Awesome.
copyright law
I think our current copyright law is stupid. Copyright is a monopoly. Somethings shouldnit be copyrighted. What ever happen to creating works to be shared and for others to enjoy. I started a petition to try and limit copyright law at the whithouse.gov site. I would like to limit it more than what my petition says but wasn’t sure if I could get enough signatures at the time if I did so If I can at least limit the copyright law in some way it would be nice. Here is the link if anyone is intrested. Please share it with others. http://wh.gov/UIW2
Sto Lat!
Sto lat, sto lat,
Niech żyje, żyje nam.
Sto lat, sto lat,
Niech żyje, żyje nam,
Jeszcze raz, jeszcze raz, niech żyje, żyje nam,
Niech żyje nam!
http://en.wikipedia.org/wiki/Sto_lat
Re: Sto Lat!
This seems to be the Polish version of “Mnogaya Leta” as quoted above.
Why bother trying to get the song into the public domain? Corporations will just buy it away from the public domain again.
Fucking leeches on the economy.
help them enforce the copyright
If Warner successfully enforced the copyright of this song, every time it was sung, no one would sing it anymore. Our ‘pirating’ fuels its popularity.
Sing whatever lyrics you want
At big public functions… conventions and sales meetings… we’ve had someone ask honorees to stand and be recognized for their birthdays… and then we play a licensed recording of “Good Morning, Dear Teacher”. And it’s up to the audience which lyrics they choose to sing.
Happy Birthday to you..
Warner Chappell screwed up the old tune.
Because of greed and control.
So no Happy Birthday tune for you.
happy happy birthday
happy happy birthday
happy happy birthday
now shut up and eat your cake!
The horror...
A copyright-free version of Happy Birthday?
Mike, why do you hate America? And puppies?
Our nuclear family song...
This is the birthday song my wife and I spontaneously wrote about 12 years ago at a diner (after the diner did their own self-advertising awful birthday song for some patron). It has spread pretty widely through family and friends.
Just clap your hands in time and sing-song a kinda tune of your choice:
It’s your birthday, what the heck
Stick a pencil in my neck
Kill me now
Don’t care how
Iiiiiiiit’s your birthday.
The cake is a lie.
Re: Re:
But the frosting is diet.
We don’t need to pay 10k when we sing it at a party, so I doubt anyone will change the song.
It is ridiculous that Warner have the rights to such a basic, widely used song though. At 10k per usage I suppose they have placed it too low to justify hiring a lawyer to fight it.
Re: Re:
“We don’t need to pay 10k when we sing it at a party”
Really? Damn. That was the second biggest expense at my son’s last birthday party.
Now srsly. Let us put the thing inside our heads to work for a bit. Behold the mighty and creative lyrics!
Happy birthday to you
Happy birthday to you
Happy birthday dear Johnny
Happy birthday to you
A sentence you use every time you’ll wish happy birthday for someone repeated 3 times and a small variation to add warmth and love. And this fucking dumb thing generates $2 million per year.
Gentleman, we are in the wrong business.
Re: Re:
Thank you for using our song!
We have noticed that you have published the lyrics to our ingenious and original song. It warms out heart to see one of our rich contributions to society being used and we rejoice in finding it.
Unfortunately, our records indicate that neither you, nor TechDirt, nor Google (through which we found this) has properly licensed the content above. To resolve this oversight, we are offering you a licensing fee based on $2000 per our estimation of the number of people that will read this post. Over the next 100 years, we estimate that an average of 10 people per day will read this post, so we will be sending you an invoice for the total of $730,000,000. We can set up a payment plan with the low interest rate of 72% APR if you are unable to pay in full at this time.
Thank you
Warner Chappell
Re: Re: Re:
The joke’s on you
You forgot about the multiverse variable and could of sent that invoice for $730,000,000 times the infinite amount universes that are affected – less $1 for reasonableness.. lets not be too greedy
😉
Patent
Everyone is going to have to license my patent for:
“a system of singing a different song in place of a more common song to avoid the licensing fees associated with the more common one”