It may be quite some time before this case is resolved, but we will be sure to update you when that happens. We just wanted you to be aware of how copyright law can affect our everyday lives, and things that you typically don’t give much thought to – like singing “Happy Birthday To You,” may actually make you stop and think now. Warner/Chappell Music presents other interesting and complex copyright law issues that we won’t delve into here. You are safe if you sing this song in your home, or even at your office, since neither setting would constitute a “public performance” for copyright purposes. Movie producers and restaurant owners need to obtain a license to broadcast or publicly perform the “Happy Birthday to You” song. Using a song in a movie is considered to be a public performance, and so is the use (or broadcast) of a song in a restaurant. In general the law states that a “public performance” means a public performance in an open place or anywhere where a substantial number of people outside a normal circle of family and friends have gathered. So, until this case is resolved, how will you know whether you need to pay a fee to sing “Happy Birthday to You”? Will you be sued for copyright infringement if you don’t license the right to use and sing the song? The answer to that question is likely “no,” especially if you are singing the song in the privacy of your home.Ĭopyright law allows for certain private, non-commercial uses of copyrighted works – uses that would not qualify as a “public performance” as set forth in the copyright statute. Works in the public domain can be used without permission or payment of a licensing fee. The term of copyright protection lasts the life of the author plus 70 years or 95 years in the case of a copyright owned by a corporation. Unless Warner/Chappell ends up on the favorable side of the verdict, it will continue to profit off its popular birthday song by charging licensing fees that amount to upwards of $2 million annually.Ī work of authorship is said to have crossed into the “public domain” if the term of copyright protection has expired or it has failed to meet the requirements to attain copyright protection. Warner/Chappell Music, a New York filmmaker disputes the $1,500 she was charged to use the song in her documentary, because she alleges that the song has crossed into the public domain, and it can be freely used by anyone. In this case, Good Morning to You Productions Inc. Not everyone believes that Warner/Chappell should still be collecting licensing fees for the song, and this largely shared sentiment led to the recent filing of a class action lawsuit in a New York court. The song alone collects an estimated $2 million a year in licensing fees. In 1988, Warner/Chappell acquired a smaller music publishing group for $25 million, whose holdings included the song. The lyrics go something like this: Happy birthday to you, mate Blow out the candles and celebrate. Unlike the traditional Happy Birthday to You melody, Aussies like to put their spin on things. The song is now owned by Warner/Chappell Music, a subsidiary of Warner Music Group, one of the largest music publishers in the world. Now, let’s talk about the heart and soul of the Australian Happy Birthday Songthe lyrics and melody. While many believe that this iconic song was created out of folk tradition, the song’s origins can be traced back to two sisters who created it in the early 1890’s. Read the full story behind “In Da Club” HERE.The song “Happy Birthday to You” boasts a number of accolades including the most sung melody in history and the most popular song of the 20 th Century. We gon’ sip Bacardi like it’s your birthdayĪnd you know we don’t give a fuck it’s not your birthday 1 on the Billboard Hot 100, R&B/Hip-Hop Songs and other charts. Stevie Wonder’s Happy Birthday is the kind of funky track that could (and should) replace the traditional birthday tune. “In Da Club” was 50 Cent’s debut release and hit No. The song was originally written for Eminem’s 8 Mile soundtrack but was later offered to 50 Cent. Dre and Mike Elizondo, who also produced the track. Released on 50 Cent’s debut album, Get Rich or Die Tryin‘, “In Da Club” was co-written with Dr. “When you think of the night club, even the ladies, when y’all go to night clubs, when you go with your girlfriend and it’s her birthday, you go with intentions to have a good time regardless to who’s there.” “That’s just the first thing that came to mind,” said 50 Cent. Dre, and Mike Elizondoįast forward to 2003, and 50 Cent knows how to throw a party, whether it’s your birthday or not.
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