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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:
Of course, if I had one complaint about the contest, it's the choice of licenses they're requiring for entries. They've picked Attribution 2.0 Unported (CC BY 3.0), which is a good and very permissive license -- but I could see how even the attribution part becomes awkward here in some cases. If ever there were a case to support CC 0 licenses this seems like a good one. Yes, I could see how the "attribution" requirement might help make the concept slightly more viral, but I'm not sure if that's enough of a benefit here.
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.
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.
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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.
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It's your birthday
Another year closer to death
Happy birthday
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Happy anniversary of your egress from your mother's vagina
I hope you're not squeamish
Have some damned cake.
AND THEN SOME MORE......
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Is lots of money to win by default in legal proceeding proof of ownership of copyright?
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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?
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However for older works, this may be difficult, it got lost in an office move or something.
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Cultural Long Shot
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.
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Re: Cultural Long Shot
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Aqua Teen Hunger Force did it.
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Re: Aqua Teen Hunger Force did it.
"Deep beneath the walls of tiiime...!"
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Flash Mob
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
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Re: Flash Mob
…what? I like the idea, but not enough to risk a lawsuit when Warner identifies me via security footage.
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Re: Re: Flash Mob
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The Russians
It is well in the public domain.
Heard here http://www.youtube.com/watch?v=NU-Qe36GDPI
with introductory declamation by Boris Christoff.
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Such a fundamental part of American culture, over 100 years old, and some one "owns" it? It is sickening.
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Happy Birthday to you,
you live in a shoe
You look like a monkey
and you smell like one too
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http://www.youtube.com/watch?v=2f2PCWYAZQc
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Happy Copyright to you
Sing this song until you're blue
Just make sure you pay me when you do
Happy Copyright to yoooouuu!
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Good Luck
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Just crowdsource a legal fight against Warner Chappell
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Title
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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.
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copyright law
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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
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Re: Sto Lat!
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Fucking leeches on the economy.
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help them enforce the copyright
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Sing whatever lyrics you want
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Warner Chappell screwed up the old tune.
Because of greed and control.
So no Happy Birthday tune for you.
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happy happy birthday
happy happy birthday
now shut up and eat your cake!
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The horror...
Mike, why do you hate America? And puppies?
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Our nuclear family song...
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.
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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.
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Really? Damn. That was the second biggest expense at my son's last birthday party.
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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.
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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
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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
;)
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Patent
"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"
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