Documentary About Freeing Happy Birthday From Copyfraud Comes Out The Day After Happy Birthday Officially Declared Public Domain
from the happy-birthday dept
You may recall that last fall, a judge ruled that Warner/Chappell did not hold the copyright on the song "Happy Birthday," as the company had alleged for decades (and which it used to take in approximately $2 million in licenses per year). Of course, while many in the press immediately claimed the song was in the public domain, we noted that was not what the court actually said, and the song had actually become something of an orphan work, and theoretically, someone else could claim the copyright. Indeed, the heirs of Mildred and Patty Hill (who are often cited as the creators of the song) stepped up to claim the copyright. In December, all the parties agreed to settle the case with Warner agreeing to pay $14 million to go to some of the people who had falsely licensed the song. But, part of the settlement agreement was a stipulation that the song, finally, officially be declared in the public domain.Last Thursday, the judge, George King, granted the settlement and officially declared Happy Birthday in the public domain:
The Court hereby declares that, as of the Final Settlement Date, the Song entitled Happy Birthday to You! will be in the public domain.So now, after all this, it's finally officially in the public domain.
And, right on cue, Jenn Nelson, the filmmaker who started to make a documentary about the song and eventually decided to challenge the copyright status on it, has put out a great 15-minute documentary about the fight to free Happy Birthday from the bogus copyright claims of Warner/Chappell. Watch it here:
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Filed Under: copyright, happy birthday, public domain
Companies: warner/chappell
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But do you really want to take the risk?
Anyone can sue you claiming to own some rights, even if they actually do not.(1)(2)
Any former copyright owner could claim some rights, even if they do not have any actual rights. They could claim some kind of "moral rights", etc.(3)
Any insane copyright owner (4) could sue, because that's just what they do.
It might just be safer never to use Happy Birthday To You.
Notes:
1. see collection societies who claim licensing fees for songs they do not even own.
2. see copyright owners who claim to own someone's nature recording even though they actually do not.
3. see where Google properly secured the rights and licensed a song to use in an ad, paid handsomely to use it, and then was sued by the singer of the song, over some 'moral right'
4. I might be being redundant?
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Re: But do you really want to take the risk?
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Don't take any chances.
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Re: But do you really want to take the risk?
It is in the public domain, its is fucking staying there, and they cannot do a fucking thing about it short of burning down the judicial system.
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FTFY . . .
One song downloaded. How many more to go?
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Books too, just do a google book search for an author that died before 1900.
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Happy, and a bit disappointed
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new day!
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Oh well...
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That said, 'can now be used by anyone around the world'... nope, most countries have their own bday song.
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That's so close to the English lyrics I wouldn't even give a copyright on it, because it's not original enough. And I've also heard it in French and Italian. Same there.
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Worked for me - new content for the world
(I started drawing when this case was first announced here at TechDirt, and finished this spring. A celebration of drawn animation and copyright law!)
Aliens’ Happy Birthday Message
https://vimeo.com/160542770
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This begs the question: Will they be forced to give that money back?
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