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Author Topic: "Happy Birthday" finally PD?  (Read 2465 times)
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robcat2075

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« on: Sep 23, 2015, 10:37AM »

Is it safe to sing "Happy Birthday" yet?

Is the most egregious case of wrongful copyright finally over?

Maybe...

‘Happy Birthday’ Not Under Copyright Protection, Judge Rules


I'm surprised by the ruling since this had previously gone all the way to the US Supreme Court ending in a win for the copyright holders, so I doubt this is the last word.
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Robert Holmén

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BGuttman
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« Reply #1 on: Sep 23, 2015, 10:51AM »

There are actually a couple of arrangements that are under copyright to Chappell.

I still think they aren't going to come after you when yo sing it at your 5 year old's Birthday Party.

Also remember that "Good Morning to You" has been PD for a long time.  Dates back to 1908.  Those were the original lyrics.
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Bruce Guttman
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robcat2075

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« Reply #2 on: Sep 24, 2015, 06:34AM »

Video report from al-J shows recently discovered ancient manuscript and guy who found it.

‘Happy Birthday to You’ copyright thrown out


Now that it's no longer forbidden fruit, perhaps we can find something more interesting to sing at birthdays.
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Robert Holmén

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« Reply #3 on: Sep 24, 2015, 06:40AM »

I think in England they sing "For He/She's a Jolly Good Fellow."  Good!
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Jim Theobald
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« Reply #4 on: Sep 24, 2015, 06:41AM »

I think in England they sing "For He/She's a Jolly Good Fellow."  Good!

we still sing happy birthday in England!
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« Reply #5 on: Sep 24, 2015, 07:37AM »

I always liked the Disney takeoff from Alice in Wonderland: "A Very Merry Un-Birthday".  But it will probably remain in copyright as long as Mickey Mouse :(
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Bruce Guttman
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« Reply #6 on: Sep 24, 2015, 07:41AM »

we still sing happy birthday in England!

I obviously had a misconception. I apologize for my presumption.  :/
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Jim Theobald
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robcat2075

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« Reply #7 on: Sep 25, 2015, 08:53PM »

Old Colbert Report report on Happy Birthday...

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Robert Holmén

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« Reply #8 on: Sep 28, 2015, 08:04AM »

Can we organize a class action suit to recover all those royalties?

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watermailonman

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« Reply #9 on: Sep 28, 2015, 09:05AM »

Old Colbert Report report on Happy Birthday...



Hi Rob! Welcome back  Good!

  Hi /Tom
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robcat2075

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« Reply #10 on: Jan 28, 2017, 08:19AM »

Can we organize a class action suit to recover all those royalties?


Update: 


Last June (2016) the judge signed off on the final settlement that eliminates copyright on "Happy Birthday" and also provides some repayment of unjustly collected royalties.

That is the end of one of the most preposterous copyright claims of our age.

You can now play it in concerts, sing it in movies, and perform it anywhere you like.




Warner Music Pays $14 Million to End 'Happy Birthday' Copyright Lawsuit


Company that collected royalties for 'Happy Birthday' ordered to pay back $14million after judge approves settlement that puts the song in the public domain



Next... Mickey Mouse.
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Robert Holmén

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BGuttman
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« Reply #11 on: Jan 28, 2017, 08:27AM »

Mickey Mouse was "invented" in 1923, even though his first movie, Steamboat Willie came out in 1927.

Disney has been trying to keep moving the copyright definition to keep Mickey under copyright.  Anything published in 1923 and later seems to remain under copyright.

Based on the laws in force at Mickey's creation, he'd be Public Domain in 1979 (56 years after invention).  Disney died in 1965 so 50 years after death would be 2015.

Regardless of what measuring stick you apply, it's time to let Mickey go.  Or make him a Trade Mark and let the copyright laws revert to something more reasonable.
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Bruce Guttman
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robcat2075

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« Reply #12 on: Jan 28, 2017, 09:04AM »

The conflict we are approaching is trademark vs. copyright.

The copyright on Mickey Mouse films will begin expiring in 2024 but Mickey Mouse is also a trademark which is potentially endless.

Mickey’s Headed to the Public Domain! But Will He Go Quietly?

Quote
The use of trademark law to protect works also subject to copyright is nothing new. The first 21 stories about Tarzan, being first published commencing in 1916, are now all in the public domain. 4 Yet, there are no rival stories about Tarzan being currently written by other authors. This is because heirs of Edgar Rice Burroughs, the creator of Tarzan, had the foresight to obtain a trademark on the name “Tarzan.” 5 Armed with this registration, they have been successful in preventing the distribution of works using the “Tarzan” trademark and variations. 6

I guess we're lucky Happy Birthday was just a song and not also a cartoon character.


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Robert Holmén

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